A Los Angeles Superior Court judge ruled Tuesday there's enough evidence for LA County Assistant District Attorney Diana Teran to face a jury trial on allegations she misused protected, confidential law enforcement data; but the judge also sided with some defense arguments and dismissed two of the counts at the conclusion of a preliminary hearing.
Teran has been a member of DA George Gascón's leadership team and was in charge of the DA's Office Ethics and Integrity Unit when the case was filed earlier this year.
The California Department of Justice initially filed 11 charges against Teran, accusing her of copying or using computer data without authorization.
The case centers on allegations that Teran, while previously employed at the LA County Sheriff's Department, accessed personnel files that contained records of misconduct by deputies -- information that has special legal protection in California to shield it from public discovery -- then improperly delivered some of those files years later to the District Attorney's Office, which maintains an index of law enforcement officers with problematic histories.
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"I respect the Court's decision, but I am disappointed with the ruling," Teran's defense attorney Jim Spertus said Tuesday.
Spertus argued during the preliminary hearing that even if some of the documents in question could be found inside the protected personnel files of deputies, the same information had already been made public in nearly identical court filings. Spertus told Judge Sam Ohta those deputies waived some of their special confidentiality as police officers when they took action in court to challenge disciplinary findings.
"Crossing the chasm from civil service discipline into court does waive the right to confidentiality, it absolutely does because you've made it available to the public," Spertus said during the hearing.
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The Department of Justice dismissed three of the 11 counts just before the preliminary hearing began, and Judge Ohta dismissed two more Tuesday, leaving six counts Teran will face at trial.
The DOJ's press office has not responded to requests for information, documents, or comment on the Teran case in recent weeks, but issued a statement from Attorney General Rob Bonta when the charges were first announced that said, "No one is above the law."
A spokeswoman for Gascón said earlier this year that the office would not address specific personnel matters, and it would “comply with any investigation from the Attorney General’s Office” and remained “committed to upholding transparency and ensuring police accountability within Los Angeles County.”