Los Angeles DA George Gascon's new public records lawsuit is among 2 dozen from prosecutors, their union
The union representing hundreds of Los Angeles prosecutors is once again suing their boss, District Attorney George Gascon, this time for withholding information on a close ally in alleged violation of the California Public Records Act (CPRA).
The Association of Deputy District Attorneys (ADDA) sought information about Diana Teran, a top Gascon aide who is facing felony charges, in May and received an incomplete response, according to a 200-page court filing unveiled Thursday. Prosecutors sought her emails and information about whether she remained on the county payroll after her indictment. They also wanted to know if county taxpayers were on the hook for her criminal defense.
The lawsuit seeks to force Gascon's office to disclose the requested records, to declare the DA in violation of the CPRA and to pay the ADDA's attorney fees for the lawsuit and the denied requests.
"These are public records, and the union and other members of the public have a right to this information," said Neama Rahmani, a Los Angeles-based former federal prosecutor who now runs a private practice.
Los Angeles County District Attorney George Gascon is running for re-election amid harsh criticism and concerns about crime. (Hans Gutknecht/MediaNews Group/Los Angeles Daily News via Getty Images)
He said the embattled DA and county lawyers may be trying to delay damaging information from reaching the public until after Election Day.
"Of course, Teran is a high-ranking deputy DA and a close ally of Gascon, who is facing a tough challenger in November, and the union has sued Gascon before during his tumultuous first term," Rahmani said.
Read the lawsuit. Mobile users click here.
California Attorney General Robert Bonta announced a felony indictment against Teran in April for allegedly stealing computer files with information on Los Angeles sheriff's deputies and improperly using them years after her employment with the department ended. Her defense attorney previously said he expects her to beat the charges, several of which have already been thrown out.
"The California Public Records Act clearly mandates that public agencies must promptly provide access to public records without unnecessary delays," said Ryan Erlich, vice president of the ADDA. "Yet, George Gascon has consistently violated the law by unlawfully delaying and obstructing the process."
Diana Teran (Los Angeles County/File)
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Gascon's office has previously denied similar public records requests from Fox News Digital seeking financial information about how much it's costing Los Angeles taxpayers to defend the DA from a previous lawsuit filed against him by the ADDA.
"They have repeatedly stalled, delayed or outright ignored numerous requests," said John Lewin, a deputy district attorney who is separately suing Gascon in a whistleblower retaliation lawsuit.
Unlike other states, California's public records law has no built-in process to appeal a denial to a higher authority, so record seekers are forced to bring the agency to court if they are denied improperly.
This image from jailhouse surveillance video shows Los Angeles Chief Deputy District Attorney Joseph Iniguez, a top Gascon ally, making a phone call from lockup after a 2021 arrest for public intoxication. (Azusa Police Department)
"George Gascon believes that because he is the district attorney, not only does he not have to follow the law, but he is actually above it," Lewin added. "He’s going to find out in less than two months that he’s not above the law. He’s going to lose this election, and he’ll spend the next several years as a defendant in a courtroom defending the 20-plus lawsuits that are going to cost the county in excess of a hundred million dollars."
Gascon's office has a policy against commenting on pending litigation, a spokesperson told Fox News Digital.
(Bob Riha Jr./Getty Images/File)
The DA is facing more than 20 lawsuits from individual prosecutors as well as four from their union.
"It's deeply troubling that we are once again forced to take legal action simply to obtain public documents that should be readily available," said ADDA President Michele Hanisee.
Nathan Hochman, the attorney vying to oust Gascon in the upcoming election, jabbed his rival for the sheer number of court battles he faces from his own office.
"It appears that Mr. Gascon once again needs a civics lesson about how a democracy works," he told Fox News Digital. "Maybe if Gascon did a better job of standing up for crime victims instead of his own self-interests and extreme political ideology, he wouldn’t have so much to hide. It’s unfortunate that, once again, Gascon’s own prosecutors have been forced to sue him in order to get him to comply with the law."