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Officer Who Killed Boy, 13, Is Cleared

LAPD board rejects a civilian panel's ruling in the Devin Brown case.

Decision Made In Secret

The State

January 10, 2007|Matt Lait and Scott Glover, Times Staff Writers

Bratton said he supported the disciplinary panel's conclusion.

"I think that's an appropriate finding," he said. "I'm very comfortable with that."


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Asked if the decision undermined his civilian bosses, Bratton replied: "Not at all."

Members of the internal LAPD panel would not explain their rationale for finding in Garcia's favor, citing the Supreme Court ruling that city lawyers have interpreted as giving broad privacy rights to officers involved in disciplinary proceedings.

"I can tell you the board's decision was unanimous and the evidence and testimony to support our finding was compelling," said Capt. Nancy Lauer, a member of the panel. "That is all I feel is prudent to share based on the legal constraints in which we find ourselves."

Capt. Bruce Crosley, who retired from the department in July but continued to serve as chairman of the disciplinary board, also declined to discuss the case. Ann Reiss Lane, a former police commissioner who served as the civilian member of the LAPD panel, could not be reached for comment.

Bob Baker, president of the Los Angeles Police Protective League, said he had expected Garcia to be exonerated.

"We agree with the board, who relied on law enforcement expertise and the applicable department standards in deciding that Officer Garcia's actions were in policy on that tragic night," Baker said.

In November, LAPD officials barred two Times reporters from attending Garcia's disciplinary hearing because of the state Supreme Court ruling, which restricted access to law enforcement discipline records in a San Diego case.

However, that ruling -- in Copley Press Inc. vs. Superior Court of San Diego -- did not address whether hearings should be closed.

The LAPD also stopped releasing information about officer discipline that historically had been public. Last year, the Police Commission voted to withhold the names of officers involved in shootings and other uses of force, such as baton-strikes, kicks, punches and the use of stun guns. The first case in which the commission invoked that policy involved Garcia's shooting.

Even though Garcia's case has been cloaked in secrecy, both Bratton and Mack said they wished they could be more open with the public about police conduct and discipline. Both said they feel bound by legal advice given by City Atty. Rocky Delgadillo.

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