LOS ANGELES — A county lawyer hamstrung internal investigations into gangs inside the Los Angeles County Sheriff’s Department in January, telling the chief tasked with investigating them she cannot ask employees about their tattoos, according to testimony Monday at the Civilian Oversight Commission’s special hearing at Loyola Law School.
Chief April Tardy took the stand Monday while her superiors, Sheriff Alex Villanueva and Undersheriff Timothy Murakami, continued to defy subpoenas to appear. Tardy testified to her knowledge of internal investigations into two tattooed deputy subgroups: the “Banditos” in East LA and the “Executioners” in Compton.
Tardy said that after she asked an employee if he or she had any tattoos affiliated with a subgroup, county lawyers told her the question was off the table.
“Personally, I know we can’t ask because I have asked certain people if prior to them coming to the station," Tardy said under oath. "They were part of the subgroup of the station, and I was later told I cannot do that."
Commissioner Robert Bonner said Tardy’s testimony conflicts with a secret memo issued by county lawyers last fall that found an outright ban on deputy subgroups is not unconstitutional. Bonner said the Board of Supervisors should waive attorney-client privilege and release the opinion to the public.
Testimony focused on Villanueva’s 2020 department policy banning subgroups and cliques that cause harm. Villanueva has repeatedly said deputies have a right to get matching tattoos under the First Amendment.
Tardy confirmed the “Banditos” in East LA meet the legal definition of a law enforcement gang, but said Monday she cannot directly ask who is a member and has relied on deputies to “self-report.”
No deputies have been fired or disciplined violating the 2020 clique ban, Tardy said.
Villanueva confirmed his attendance to the commission Friday before backing out Sunday, demanding the hearings meet a list of conditions that include giving him the questions in advance, adding a “neutral hearing officer,” and the ability to cross-examine witnesses.
“I am more than happy to speak with the commissioners as soon as these requests are granted. They in no way interfere with the Commission’s ability to ask questions, learn the truth, or fulfill its oversight role,” Villanueva said in a letter addressed to the commission’s executive director.
Commissioner Sean Kennedy told Spectrum News 1 Monday the sheriff does not get to set conditions for oversight. He’s confident a judge will eventually compel him to appear.
“First of all, I hope he’s going to relent. I thought he did. Friday, he claimed he would be here and then here we are. He did not show. If he doesn’t — on his own — show up to testify, we’re going to keep moving forward,” Kennedy said. “We’re not going to be dissuaded.”
During testimony, he pointed out to Tardy that the department has no issue asking about tattoos when investigating criminal street gangs.
“And you do that because tattoos are powerful, circumstantial evidence of gang membership when investigating a criminal street gang, right?”
“Yes, it is,” Tardy said.
Tardy finished her testimony Monday. The questions remains when, and if, her bosses will do the same.