Los Angeles Times

LAPD widens its investigat­ion into City Council audio leak

Detectives believe the recording could be a felony violation of eavesdropp­ing law.

- By Richard Winton and Matt Hamilton

Informatio­n obtained by Los Angeles police from search warrants served on Twitter and Reddit has led detectives to additional investigat­ive avenues as they work to uncover who recorded a meeting involving three L.A. City Council members and a labor leader that was filled with racist and offensive comments, according to court documents and sources.

The LAPD’s Major Crimes Division focused at first on the identity and Internet Protocol addresses behind a Reddit account that posted the audio last year and a Twitter account that tipped off reporters and others to the existence of the recordings, according to a search warrant issued in October and obtained by The Times.

The warrant, according to law enforcemen­t sources familiar with the investigat­ion, is one of as many as half a dozen filed by detectives tasked with unmasking who is behind the recordings that plunged City Hall into protests over the racist remarks and provided a window into the backroom machinatio­ns of the city’s redistrict­ing process.

The initial warrant served on Twitter led inves

tigators to a second Twitter user, according to two sources not authorized to discuss the inquiry. The sources said detectives are continuing to pursue subscriber informatio­n for additional IP addresses, which are unique numerical sequences that can identify specific devices.

The investigat­ors appear to be closer to confirming the identity of those behind the recordings, the sources told The Times.

While the online publicatio­n of the illegally made audio files is not a crime, detectives are seeking informatio­n about those behind the posts as a means of eventually reaching the party or parties that made the recordings.

Recording conversati­ons without a person’s consent is illegal in California, with rare exceptions.

The search warrant states that LAPD investigat­ors believe that the recordings, made in October 2021 at the L.A. County Federation of Labor headquarte­rs in Westlake, are a felony violation of the state eavesdropp­ing law.

The warrant was issued Oct. 26, a day after LAPD Chief Michel Moore announced a criminal investigat­ion into the leak. The inquiry was launched after three people heard on the audio filed reports saying they were recorded without their consent or knowledge, according to the warrant.

Moore has said the investigat­ion was requested by Nury Martinez, who was City Council president at the time the recording was made; then-Councilmem­ber Gil Cedillo; and Ron Herrera, who was president of the L.A. County Federation of Labor. A spokespers­on for Councilmem­ber Kevin de León has said he did not report a crime or request an investigat­ion.

The racist language revealed in the recordings led to the resignatio­ns of Martinez and Herrera, cast a shadow over Cedillo’s last months on the City Council and led to ongoing calls for De León to step down.

According to documents obtained by The Times, LAPD Det. Mark Seston, who specialize­s in criminal conspiracy investigat­ions, served the warrant on Twitter and Reddit on Oct. 28 and received “all requested” data and account informatio­n on Dec. 5. He asked for a 90-day delay in notifying the account holders that they were subject to the search.

Seston sought the IP addresses behind the accounts, along with billing addresses, credit card informatio­n, linked social media accounts, personal websites and phone numbers used for text verificati­on. The detective also requested the IP addresses of the computers or devices logging into those accounts, which could lead to their owners.

The Reddit account that put up segments of the recording was identified as Honest-Finding-1581. On Oct. 6, Twitter account @LAunionLau­ndry tagged reporters and others, suggesting that they check out the Reddit account.

To seek a warrant, the detective had to show Los Angeles County Superior Court Judge Teresa Sullivan that there was probable cause that a felony was committed in the making of the secret recordings.

Under state law, all parties must consent to a conversati­on being recorded. Violations can be prosecuted as a felony or a misdemeano­r, but warrants can be obtained only for felony offenses. The law carries a three-year statute of limitation­s, so recordings from 2021 could be considered a crime.

Seston said in the warrant that the informatio­n from the two social media accounts has “a high probabilit­y of containing evidence that would assist in identifyin­g the owner(s) ... and further identify the suspect(s) responsibl­e for posting the private conversati­ons.

“I believe this informatio­n would assist with revealing further avenues of investigat­ion related to the felony crime of eavesdropp­ing,” Seston wrote.

Days after receiving the informatio­n from Twitter and Reddit, Seston filed another warrant that remains under seal, according to court records.

In the months since the initial warrant was filed, the investigat­ion has focused heavily on those connected to the Federation of Labor and the conference room where the discussion took place, according to two sources familiar with the inquiry who spoke with The Times on condition of anonymity. Los Angeles Police Department detectives believe that a conference-call device in the room may have been compromise­d to capture the conversati­on and produce the recordings, the sources said.

After the audio clips were posted on Reddit, the Federation of Labor tried to block the Los Angeles Times from publishing the details, saying the recordings were obtained illegally. The Times refused, leading to widespread publicatio­n of the materials that ignited protests at City Hall.

Martinez and the other leaders at the meeting have said they were unaware they were being recorded.

During the conversati­on, Martinez said that Councilmem­ber Mike Bonin, who is white, handled his young Black son as though he were an “accessory” and described the boy as like a “changuito,” or “monkey.”

Martinez also mocked Oaxacans and, referring to Los Angeles County Dist. Atty. George Gascón, said, “F— that guy . ... He’s with the Blacks.” The discussion also included divisive remarks about Jewish and Armenian residents.

The leaked recordings were met with universal condemnati­on, with leaders from President Biden on down calling for the resignatio­n of the three council members. In the aftermath, Martinez resigned. Cedillo’s term ended Dec. 12, but De León has refused to quit despite mounting pressure.

Detectives believe the audio made public via Reddit may be a portion of a much larger set of recordings made at the Federation of Labor offices without consent. The release to the public may have been spurred by a power struggle within the federation, according to a source with detailed knowledge of the LAPD investigat­ion.

California Atty. Gen. Rob Bonta is conducting a broader investigat­ion into the Los Angeles redistrict­ing process that took place in the fall, saying an inquiry is needed to “restore confidence” in the makeup of the city’s 15 council districts. That process was underway when Martinez, Cedillo and De León were recorded discussing redistrict­ing.

 ?? Irfan Khan Los Angeles Times ?? COUNCILMEM­BER Kevin de León on Oct. 4 confers with Council President Nury Martinez, who has since resigned. A leaked recording involving them and two other officials is the subject of an ongoing LAPD inquiry.
Irfan Khan Los Angeles Times COUNCILMEM­BER Kevin de León on Oct. 4 confers with Council President Nury Martinez, who has since resigned. A leaked recording involving them and two other officials is the subject of an ongoing LAPD inquiry.

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