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Witnesses Take Stand in Paul Tanaka Obstruction Case

The first witnesses are expected to take the stand Friday in the federal criminal trial of the Los Angeles County Sheriff's Department's former undersheriff.

Paul Tanaka is accused of managing a plan to derail a federal grand jury investigation of alleged brutality in the county jails. Defense attorneys maintain that the department's former second-in- command was merely following orders and is not guilty of any crime.

Tanaka's former boss, ex-Sheriff Lee Baca, pleaded guilty last month to a charge of lying to investigators and is awaiting sentencing in May.

The case stems from what prosecutors describe as a secret plan in 2011 to "hide'' an inmate-turned-informant from FBI handlers and the grand jury during a time when federal officials were conducting a probe of alleged deputy violence against prisoners.

Anthony Brown, the inmate at the center of the case, became an issue for jail guards when an FBI cell phone was found in his possession on Aug. 8, 2011, and sheriff's officials realized that he was cooperating in a secret federal probe they previously knew nothing about.

"Paul Tanaka had a scandal on his hands,'' Assistant U.S. Attorney Brandon Fox said in his opening statement Thursday. "He learned about a federal investigation into the culture of the sheriff's department -- a culture Paul Tanaka created. Instead of squashing the scandal, Mr. Tanaka created a greater one.''

Fox said that the alleged conspiracy overseen by Tanaka also included tampering with witnesses, and threatening to arrest a federal agent who had been carrying out her lawful duties.

But Jerome Haig, one of Tanaka's attorneys, told the panel that his client had been ordered by Baca to address the Brown situation by "protecting'' the inmate-informer and by "investigating'' how the FBI managed to smuggle a cell phone to Brown behind county walls.

According to Haig, the plan to move Brown throughout the county under a fake booking name and number "was actually set in motion'' by Steven Martinez, the FBI's then-assistant director in charge of the Los Angeles office. After the cell phone was found, Haig said, Martinez called Baca and suggested he "protect the inmate.''

Tanaka "knew some of what was going on,'' Haig told the five-man, seven woman jury. "It wasn't his investigation to run,'' the defense attorney said, adding that Tanaka never ordered his deputies to threaten the FBI agent or hamper the federal probe.

"The last thing Mr. Tanaka wanted to do was put up a wall so nobody could see what was going on,'' Haig said. "He wanted to cooperate.''

Fox portrayed Tanaka's management style as arrogant, controlling, paranoid and highly ambitious.

"Tanaka stated over and over again `F the FBI'',' Fox said, adding that the now-retired lawman also repeated to his deputies a mantra that "we're going to make sure the FBI stays out of our jails.''

Tanaka was charged last May with one count each of conspiracy to obstruct justice and obstruction of justice.

During three previous trials of deputies in the case, he testified for the defense, admitting to his knowledge of much of the conduct he is now charged with, Fox said.

"Paul Tanaka tried to cover up the crimes of his deputies -- and committed his own in the process,'' the federal prosecutor said. Eight former sheriff's department officials -- including a captain, two lieutenants and two sergeants -- have been convicted for their roles in the cover-up.

All claimed they had been following orders from Baca and Tanaka in assisting a legitimate investigation into how and why a cell phone had been smuggled into the Men's Central Jail.

Tanaka -- who is on leave as mayor of Gardena -- retired from the sheriff's department in August 2013.

Baca is not expected to testify at the Tanaka trial.

Copyright City News Service

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