The Los Angeles city attorney’s office has announced that they will not be filing criminal charges against a married couple who were investigated in connection with the unlawful recording of a racist conversation that occurred in City Hall. This decision comes after the district attorney’s office previously stated that they would not pursue any felony charges against the couple. The incident in question involved a leaked recording of a private meeting in which four Latino Democrats were heard making racist comments about Black voters. The recording, which was leaked in 2022, led to the resignation of Council President Nury Martinez and powerful labor leader Ron Hererra.
Under California law, all parties must consent to the recording of a private conversation or phone call, otherwise the person who made the recording could face criminal and civil penalties. The state’s wiretapping statutes are strict, allowing the person being recorded without their consent to sue. Despite the evidence indicating that a crime was committed by one or both of the individuals, prosecutors could not meet the burden of proof for a case. The city attorney’s office cited insufficient evidence to meet the constitutional standard of proof as the reason for not filing criminal charges against the couple.
The meeting where the racist comments were made took place at the headquarters of the Los Angeles County Federation of Labor, also known as the “LA Fed.” The couple involved in the investigation both worked at the LA Fed at the time of the incident. While the identities of the couple have been revealed in court filings and media reports, no other potential suspects have been named by investigators or prosecutors. The decision not to file charges against the couple has been welcomed by their attorneys, who expressed confidence that neither the district attorney nor the city attorney’s office would pursue criminal charges in the matter.
Detectives recommended charging the couple with felony eavesdropping and illegal audio recording or wiretapping charges in relation to the recording of the 2021 conversation. However, the district attorney declined to file felony charges and referred the case to the city attorney’s office for possible misdemeanors. Councilman Gil Cedillo and Councilman Kevin de León, who were involved in the leaked recording, have separate pending lawsuits against the couple. The charge-evaluation worksheet from the district attorney’s office noted that both individuals had similar motives to carry out the offense, but did not provide details on these motives or how the unlawful recordings were made and distributed online.
The scandal involving the leaked recording of racist comments led to significant fallout in City Hall, with Council President Nury Martinez and labor leader Ron Hererra resigning in disgrace. Councilman Cedillo’s term ended shortly after, but Councilman de León resisted calls for his ouster and is currently facing a runoff election in November. The decision not to file charges against the couple responsible for the recording has put the focus on civil lawsuits related to the incident that are now working their way through the courts. While the negative content of the recordings has been highlighted, the couple’s attorneys believe that the city attorney’s office made the right call in opting not to pursue criminal charges in the matter.
