Prosecutors are recommending an 18-month prison sentence for an ex-Los Angeles County sheriff’s deputy who attempted to derail a federal probe into deputy-on-inmate violence in county jails, according to court papers obtained Wednesday.
James Sexton, 29, is scheduled to be sentenced Monday on federal conspiracy and obstruction-of-justice counts for which he was convicted in September, four months after his first trial ended in a 6-6 deadlock.
Sexton’s attorney, Thomas O’Brien, is asking U.S. District Judge Percy Anderson to impose a six-month sentence, citing his client’s “cooperation” with authorities in investigating the case, which ensnared six other deputies.
However, Assistant U.S. Attorney Brandon Fox wrote in his papers that Sexton deserves a higher sentence since the defendant did not voluntarily come forward and none of his statements to investigators resulted in anything the government could use to prosecute others.
Sexton “provided only the information he wanted the government to know and only against the people he wanted the government to investigate,” Fox wrote. “Despite multiple chances, defendant refused to answer any questions as to his friends or his actions with regard to civil rights violations. His so- called cooperation, like his ‘recognition of wrongdoing’ was on his terms. His sentence should not be.”
The case hinged on whether Sexton tried to impede justice by using the jailhouse computer system to falsify or omit identifying characteristics of an inmate working as an FBI informant, in effect “hiding” the inmate during a two-week period in August 2011 when federal officials wanted to interview the prisoner.
Jurors determined that Sexton covertly worked to block the jails investigation, rejecting the defense argument that the deputy was merely following lawful orders from higher-ups to keep the informant safe from deputies and other inmates.
Ex-Undersheriff Paul Tanaka testified that while he didn’t give the order to change inmate Anthony Brown’s name or booking number, he didn’t object. Tanaka also said that he was kept fully apprised of Brown’s status.
Sexton did not testify at either trial, but jurors heard his own words in read-backs of testimony he gave to a grand jury investigating allegations of jailhouse corruption.
The former deputy could be sentenced to as much as 15 years in prison.
Sexton’s co-defendants were convicted and sentenced to prison terms ranging from nearly two years to almost 3 1/2 years.
— City News Service