The official's attorney dismissed the charges as a 'non-starter'
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California Attorney General Rob Bonta announced Wednesday he has filed charges against one of LA County District Attorney George Gascón's top officials, and her attorney dismissed the accusations as a "non-starter."
Bonta, a Democrat appointed by Gov. Gavin Newsom in 2021, announced 11 charges against Diana Teran, an assistant district attorney. Bonta’s office alleges she accessed police officer files in 2018 when she worked for the LA County Sheriff’s Department and later improperly used that data at the DA’s office, which she joined in 2021.
"No one is above the law," Bonta said in a statement. "Public officials are called to serve the people and the State of California with integrity and honesty. At the California Department of Justice, we will continue to fight for the people of California and hold those who break the law accountable."
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California Attorney General Rob Bonta announced the charges Wednesday. (Loren Elliott/Bloomberg via Getty Images)
James Spertus, Teran’s attorney, said the AG had been secretive about the case, and he believed it is a "non-starter."
"The case is just not prosecutable," he said. "I think it's going to be very embarrassing for the AG's office. They should have discussed issues more carefully with people with knowledge."
He said he believes the charges are based on duties Teran had within the scope of her employment that involved the "Brady List," a public database of information about police misconduct allegations. He said there are no possible charges that can be based on that conduct, and he was surprised by the announcement.
California Gov. Gavin Newsom speaks at a news conference in Sacramento, Calif., March 16, 2023. (AP Photo/Rich Pedroncelli)
"I want the world to know that the AG's office will face a very quick and expeditious loss on this sort of thoughtless legal theory that an official can be prosecuted for doing an official act. It's just really something that you wouldn't expect in law enforcement today," Spertus said.
Gascón's office issued a statement that did not address the charges directly but said it would comply with an investigation and defended its handling of records.
"When I took office, we developed a protocol that ensured we complied with our constitutional obligations under Brady, which requires us to turn over potentially exculpatory evidence to the defense, a category that includes law enforcement’s prior misconduct, while simultaneously complying with state and federal law around privacy. I stand by that protocol," Gascón said.
San Francisco Police Chief George Gascón speaks during a news conference at the San Francisco Hall of Justice May 5, 2010, in San Francisco. (Getty Images )
"While we cannot comment on specific personnel matters, we will comply with any investigation from the attorney general’s office. I remain committed to upholding transparency and ensuring police accountability within Los Angeles County. These principles are paramount to the integrity of our work and the trust of the community we serve," he said. "We will address this matter with the utmost seriousness and diligence to uphold the values of justice and fairness."
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Spertus predicted a "race" to get the case dismissed.
"The case is a non-starter," he said. "I think it's going to be a race for us to get to a court, so we can get a ruling that this case must be dismissed and the AG dragging their feet and trying to delay that doomsday event."
Adam Shaw is a politics reporter for Fox News Digital, primarily covering immigration and border security.
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