Former Los Angeles County Sheriff Lee Baca will be retried on federal corruption charges that stem from his alleged involvement in trying to thwart an investigation into inmate abuse within Men’s Central Jail, prosecutors announced in court Tuesday.
The announcement came about three weeks after a six-man, six-woman jury deadlocked on charges of obstruction of justice and conspiracy to obstruct justice against the 74-year-old Baca.
U.S. District Judge Percy Anderson declared a mistrial last month after learning that jurors were split 11-1 in favor of acquitting Baca.
Federal prosecutor Brandon Fox said Tuesday the government would like to try Baca again on three counts, the charges of obstruction of justice and conspiracy to obstruct as well as a third charge for allegedly making false statements.
Anderson ruled earlier last year to allow a separate trial to be held for the third charge. He agreed with prosecutors that testimony from a defense expert who is expected to say Baca was in the early stages of Alzheimer’s disease while being investigated would result in juror confusion and unfair prejudice to the government because Baca would appear sympathetic.
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Prosectors backed away from that argument on Tuesday, saying they are willing to move forward and take a risk on trying him on all three charges at once.
“We understand the prejudice,” Fox told Anderson. “We may suffer from the prejudice. We’re prepared to move forward.”
About 30 witnesses testified during the nearly two-week trial in downtown Los Angeles in December, when the jury heard prosecutors argue that Baca tried to hinder an FBI investigation in 2011 into inmate abuse at the Men’s Central Jail by hiding an informant and threatening a federal agent.
Baca’s defense team rebutted those claims, saying that the former sheriff knew nothing of the plan to derail the investigation but instead was open to improving conditions for inmates. Both sides repeated those themes throughout their lengthy closing arguments.
Last summer, federal prosecutors had no intention of putting Baca on trial on conspiracy charges. Instead, they had negotiated a plea deal with the retired sheriff. He pleaded guilty to lying to federal investigators, and that admission would have included a six-month jail sentence. The plea was rejected by Anderson, who had presided over the convictions of about a dozen of Baca’s former deputies and Undersheriff Paul Tanaka. [MORE]