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Los Angeles City Attorney Declines To File Charges

A few people use Grand Park at the foot of Los Angeles City Hall, Tuesday, March 31, 2020, in Los Angeles. (AP Photo/Mark J. Terrill, File)

The Los Angeles city attorney’s office announced on Tuesday that it will not pursue criminal charges against two individuals who were under investigation for the unlawful recording of a racist conversation that caused upheaval in City Hall and led to the resignation of the city council president in 2022.

The decision not to file misdemeanors comes after the district attorney’s office had previously stated that no felony charges would be pursued against the married couple in question. The individuals, who had ties to the Los Angeles County Federation of Labor, were not named as they were not charged.

California law mandates that all parties involved must consent to the recording of a private conversation or phone call, with penalties for non-compliance. Despite evidence suggesting a crime was committed, prosecutors could not meet the burden of proof required for a case.

The scandal erupted following the leak of a recording containing racist remarks made during a private meeting in 2021, where Latino Democrats discussed political strategies that disadvantaged Black voters. The leaked recording led to the resignation of Council President Nury Martinez and labor leader Ron Hererra.

The couple under investigation had worked at the LA Fed, where the controversial meeting took place. While detectives recommended felony charges, the district attorney's office declined and referred the case to the city attorney for potential misdemeanors.

Councilman Kevin de León, who faced calls for his removal, is now in a runoff for reelection. The investigation revealed that the recording was anonymously posted online, with accounts linked to the couple’s home.

Despite ongoing lawsuits involving the couple, no other suspects have been named in connection with the case. The district attorney's charge-evaluation worksheet highlighted similar motives between the individuals but lacked clarity on the specifics of the unlawful recordings.

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