FILE – In this Feb. 10, 2016, file photo, former Los Angeles Sheriff Lee Baca leaves U.S. Court House building in Los Angeles on Wednesday, Feb. 10, 2016.
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He pleaded guilty in February to lying to federal authorities about efforts to stifle the investigation.
Attorneys for former Los Angeles County Sheriff Lee Baca, Michael Zweiback, center, and Nathan J. Hochman, second from left, and talk to the media on Monday, Aug. 1, 2016, in Los Angeles.
The charges against Baca arose from his statement to investigators that he “was not aware” deputies planned on approaching a female Federal Bureau of Investigation agent who was investigating allegations of misconduct by his deputies.
Based on the statements Anderson made in rejecting the six-month deal, he is not likely to go easy on Baca.
After discovery of the FBI mole who was trying to gather evidence of beatings, Baca and other higher-ups tried to derail the investigation, having underlings shuffle the inmate to different jails under different names and trying to intimidate an FBI agent.
LOS ANGELES Former Los Angeles County Sheriff Lee Baca renewed negotiations with federal prosecutors on Monday as he considered withdrawing a guilty plea to a charge related to a probe of inmate abuse at the county’s jail system that clouded the final years of his tenure.
Baca, 74, was permitted to back out of his plea deal after a federal judge ruled two weeks ago that a six-month prison term recommended by prosecutors as part of the agreement – far less than the five-year maximum penalty – was too lenient.
After withdrawing his plea, Baca told a horde of reporters on the steps of the downtown courthouse that he had done so because of “untruthful statements” made by the judge and prosecutors about his involvement in a scheme by sheriff’s officials to thwart the FBI’s jail probe.
“He is suffering from Alzheimer’s, which has become advanced and it’s a very significant and concerning time for him about what he should do next”, Zweiback said today outside court. “If he’s not going to be in a situation where he has some understanding of what he’s walking into, then he may feel he has no alternative but to fight for his life and go to trial”.
Attorneys said Monday morning in federal court that they negotiated through the weekend but did not reach a deal.
Zweiback, a former assistant USA attorney has been with his client through the lengthy plea process.
Jurors in the case will not be able to hear about the guilty plea, but widespread publicity about it could make it harder to seat a jury.
The trial date can be postponed, because of Baca’s mental state. Seven former sheriff’s lieutenants, sergeants and deputies convicted of conspiracy and obstruction of justice received prison sentences ranging from 18 to 41 months. The judge said the punishment “would not address the gross abuse of the public’s trust… including the need to restore the public’s trust in law enforcement and the criminal justice system”. Anderson said it was “one thing to lie… another thing entirely” for the county’s top cop to be “involved in a wide-ranging conspiracy to cover up abuse and corruption”.
Baca could also decide to withdraw his plea and face trial on whatever charges prosecutors eventually bring against him.
U.S. Attorney’s office spokeswoman Tracy Webb would not comment. He announced in 2015 that he was diagnosed with Alzheimer’s disease.
Baca’s condition will play a role in his defense because the “arc of the disease started well before” he lied to the FBI and federal prosecutors in 2013, Zweiback said.
“I thank my friends and family for encouraging me to stand up for what is right”, Baca said, with a male supporter punctuating his words with “God bless you” and “We love you, sheriff”. Baca’s second-in-command Paul Tanka has already been sentenced to five years for obstruction of justice.
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