The former Los Angeles County sheriff’s captain of Men’s Central Jail told a federal jury Friday of his failed attempts to get his superiors — including former Undersheriff Paul Tanaka — to take action against what he described as a deeply entrenched culture of deputy abuse of inmates.
Bob Olmsted, now retired after three decades with the department, took the witness stand in the criminal trial of Tanaka, who is charged with two obstruction of justice counts. Olmsted testified he was unsuccessful trying to get then-sheriff Lee Baca or Tanaka to crack down on what he called the “off the scale” use of excessive force within jail walls.
In questioning Olmsted, Assistant U.S. Attorney Brandon Fox tried to show that Tanaka was aware of brutality allegations at the jail but did nothing to rectify the problem.
Olmsted said that at one point, he tried to bring the problem of violent “cliques” of guards to Tanaka’s attention, but the undersheriff rejected his efforts.
The witness — who ran for sheriff in 2014 against both Baca and Tanaka — said Tanaka told him the problem boiled down to a “leadership issue,” stating that, “I make all the decisions in the department.”
Under cross examination by defense attorney H. Dean Steward, Olmsted told jurors that he twice approached Baca, but was brushed off.
At a social gathering before he retired, Olmsted said he went up to the then-sheriff and said, “I need to tell you about some things that are going on in MCJ.” Baca never followed up, Olmsted said.
During a second encounter at a charity event, the ex-captain told Baca that “we need to do something about this.” He said Baca asked him to talk to him after the event — “and then he left.”
Baca pleaded guilty last month to a charge of lying to investigators and is awaiting sentencing in May.
Months after he retired in November 2010, Olmsted first told the FBI and then the Los Angeles Times of deputy-on-inmate brutality at the jails. He also testified at county hearings on jail violence.
The case against Tanaka, 56, of Gardena, stems from what prosecutors describe as a plan in 2011 to “hide” an inmate-turned-informant from FBI handlers and the grand jury during a time when federal officials were conducting a jails probe.
Anthony Brown, the inmate at the center of the case, became an issue for jail guards when an FBI cellphone was found in his possession on Aug. 8, 2011, and sheriff’s officials realized that he was cooperating in a secret federal probe they previously knew nothing about.
“Paul Tanaka had a scandal on his hands,” Fox told jurors in his opening statement Thursday “He learned about a federal investigation into the culture of the sheriff’s department — a culture Paul Tanaka created. Instead of squashing the scandal, Mr. Tanaka created a greater one.”
But the defense counters that Tanaka was merely following orders from Baca, who was himself following a directive from the FBI agent in charge of the Los Angeles office to simply “protect” Brown.
Fox alleged that Tanaka managed a conspiracy that included tampering with witnesses, and threatening to arrest a federal agent who had been carrying out her lawful duties.
Defense attorney Jerome Haig told the jury Thursday that a plan to move Brown throughout the county under a fake booking name and number “was actually set in motion” by Steven Martinez, the FBI’s then-assistant director in charge of the Los Angeles office.
After the cellphone was found, Haig said, Martinez called Baca and told him to “protect the inmate.”
Tanaka actually knew only some of what was going on, Haig told the five- man, seven woman jury.
“It wasn’t his investigation to run,” the defense attorney said, adding that Tanaka never ordered his deputies to threaten the FBI agent or hamper the federal probe.
“The last thing Mr. Tanaka wanted to do was put up a wall so nobody could see what was going on,” Haig said. “He wanted to cooperate.”
The trial before U.S. District Judge Percy Anderson is expected to last about three weeks. Eight former sheriff’s department officials — including a captain, two lieutenants and two sergeants — have been convicted for their roles in the cover-up.
All claimed they had been following orders from Baca and Tanaka in assisting a legitimate investigation into how and why a cell phone had been smuggled into the Men’s Central Jail.
Tanaka and retired captain Tom Carey, who headed an internal investigations unit, were charged in May with the alleged attempt to thwart the federal jails probe.
Carey pleaded guilty to a charge of lying on the witness stand during the 2014 trial of former Deputy James Sexton, who was sentenced to 18 months imprisonment for trying to obstruct the jails investigation.
Tanaka — who is on leave as mayor of Gardena — retired from the sheriff’s department in August 2013.
Baca retired in 2014 at the height of the federal probe. He had been sheriff since December 1998.
He is not expected to testify at the Tanaka trial.
— City News Service
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The first witnesses are expected to take the stand Friday in the federal criminal trial of the Los Angeles County Sheriff’s Department’s former undersheriff.
Paul Tanaka is accused of managing a plan to derail a federal grand jury investigation of alleged brutality in the county jails.
Defense attorneys maintain that the department’s former second-in- command was merely following orders and is not guilty of any crime.
Tanaka’s former boss, ex-Sheriff Lee Baca, pleaded guilty last month to a charge of lying to investigators and is awaiting sentencing in May.
The case stems from what prosecutors describe as a secret plan in 2011 to “hide” an inmate-turned-informant from FBI handlers and the grand jury during a time when federal officials were conducting a probe of alleged deputy violence against prisoners.
Anthony Brown, the inmate at the center of the case, became an issue for jail guards when an FBI cell phone was found in his possession on Aug. 8, 2011, and sheriff’s officials realized that he was cooperating in a secret federal probe they previously knew nothing about.
“Paul Tanaka had a scandal on his hands,” Assistant U.S. Attorney Brandon Fox said in his opening statement Thursday. “He learned about a federal investigation into the culture of the sheriff’s department — a culture Paul Tanaka created. Instead of squashing the scandal, Mr. Tanaka created a greater one.”
Fox said that the alleged conspiracy overseen by Tanaka also included tampering with witnesses, and threatening to arrest a federal agent who had been carrying out her lawful duties.
But Jerome Haig, one of Tanaka’s attorneys, told the panel that his client had been ordered by Baca to address the Brown situation by “protecting” the inmate-informer and by “investigating” how the FBI managed to smuggle a cell phone to Brown behind county walls.
According to Haig, the plan to move Brown throughout the county under a fake booking name and number “was actually set in motion” by Steven Martinez, the FBI’s then-assistant director in charge of the Los Angeles office. After the cell phone was found, Haig said, Martinez called Baca and suggested he “protect the inmate.”
Tanaka “knew some of what was going on,” Haig told the five-man, seven woman jury.
“It wasn’t his investigation to run,” the defense attorney said, adding that Tanaka never ordered his deputies to threaten the FBI agent or hamper the federal probe.
“The last thing Mr. Tanaka wanted to do was put up a wall so nobody could see what was going on,” Haig said. “He wanted to cooperate.”
Fox portrayed Tanaka’s management style as arrogant, controlling, paranoid and highly ambitious.
“Tanaka stated over and over again ‘F the FBI”,’ Fox said, adding that the now-retired lawman also repeated to his deputies a mantra that “we’re going to make sure the FBI stays out of our jails.”
Tanaka was charged last May with one count each of conspiracy to obstruct justice and obstruction of justice.
During three previous trials of deputies in the case, he testified for the defense, admitting to his knowledge of much of the conduct he is now charged with, Fox said.
“Paul Tanaka tried to cover up the crimes of his deputies — and committed his own in the process,” the federal prosecutor said.
Eight former sheriff’s department officials — including a captain, two lieutenants and two sergeants — have been convicted for their roles in the cover-up.
All claimed they had been following orders from Baca and Tanaka in assisting a legitimate investigation into how and why a cell phone had been smuggled into the Men’s Central Jail.
Tanaka — who is on leave as mayor of Gardena — retired from the sheriff’s department in August 2013.
Baca is not expected to testify at the Tanaka trial.
—City News Service