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officers - The Black Vault

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------------~--~~~-----<br />

; LARRY DAVIS I LosAngclcs'l'tmcs<br />

.iudge-Ronald Sohigian's temporary<br />

restraining order allows Chief<br />

Qaryl F. Gates to return to work.<br />

Of interest because it had advised<br />

the Police Commission, the chief<br />

and the council at various times<br />

throughout the King affair.<br />

Meanwhile, the Police Commission<br />

hired a private attorney, Hillel<br />

Chodos, to represent it at the<br />

hearing, even though the city attorney<br />

had lawyers present.<br />

"<strong>The</strong>y're not just settling a<br />

case," Chodos told the judge. "<strong>The</strong><br />

chief and the city attorney have<br />

gotten together and agreed that<br />

you should make an order directed<br />

at the Police Commission. . . . <strong>The</strong><br />

power to decide how to run the<br />

P.olice Department belongs to the<br />

commission and the City Council<br />

does not have the power under the<br />

[City) Charter to override the Police<br />

Commission."<br />

• But Senior Assistant City Atty.<br />

F.red Merkin claimed he was rightft;Jlly<br />

representing the Police Commission<br />

and that ·chodos did not<br />

belong in the courtroom.<br />

·"His clients are interlopers,"<br />

Merkin told the judge. "<strong>The</strong>y have<br />

no standing."<br />

-'<strong>The</strong> judge said he needed time to<br />

sort out the conflicting claims.<br />

:.rm simply trying to make a<br />

distinction between the rights of<br />

the parties here," said Sohigian,<br />

who ordered the attorneys to file<br />

briefs before the April 25 hearing.<br />

At that time, the judge said, he will<br />

consider whether to make his restraining<br />

order permanent.<br />

At cine point during Monday's<br />

hearing, Sohigian questioned<br />

whether it was necessary to have<br />

Gates on leave while an investigation<br />

continued into the King beating.<br />

He likened Gates to federal<br />

court judges who retain their seats<br />

while impeachment proceedings<br />

are brought against them in ~ongress.<br />

______ .<br />

"Does anybody really need to<br />

have the chief of police on<br />

administrative leave, particularly<br />

when the· investigation will be<br />

sealed from Gates' ability to control<br />

it?" Sohigian said. ". . .It isn't<br />

as if having him around is going to<br />

· let him poison the waters."<br />

Gates himself was not at the<br />

hearing, but he did make an afternoon<br />

visit to Parker Center,<br />

dressed in civilian garb.· In brief<br />

remarks to reporters, he attempted<br />

to defuse some of the tension that<br />

has gripped the city for the past<br />

month.<br />

"I think it's time to cool it,"<br />

Gates said. "Let's get together.<br />

Let's get this city back together."<br />

Meanwhile, Mayor Tom Bradley,<br />

who last week publicly called on<br />

Gates to resign, issued a terse<br />

statement in which he also sought<br />

to calm tempers. "Now maybe<br />

· everyone can give a rest to the<br />

rhetoric that has monopolized the<br />

airwaves over the last few weeks,"<br />

Bradley said.<br />

None of the three police commissioners<br />

who voted to place<br />

· Gates on leave was at Monday's<br />

court hearing. Reached afterward, ,<br />

commission Vice President Melanie<br />

Lomax said: "<strong>The</strong> fact that the<br />

judge made the decision today<br />

doesn't mean that this will be a<br />

final determination. . . . I believe<br />

as much today as I believed last<br />

week that the Police Commission<br />

did the right thing."<br />

Sohigian's ruling capped a day of<br />

intense legal maneuvering on the<br />

: part of lawyers for Gates, the City<br />

· · Council, the commission arid the<br />

civil rights groups. All weekend<br />

long, they had mapped their different<br />

strategies.<br />

On Monday morning, as threatened,<br />

lawyers for Gates filed suit.<br />

<strong>The</strong>y claimed that the chief's constitutional<br />

rights to. due process<br />

had been violated and said the<br />

commission ignored the !State's<br />

open meetings law by convening in<br />

secret to decide Gates' fate.<br />

Meanwhile, attorneys for the<br />

civil rights groups filed what they<br />

called a "taxpayers' suit" in which<br />

they claimed that the coun~il illegally<br />

attempted to .usurp~ authority<br />

of the Police Commission to<br />

prove who is' "boss in the city of<br />

Los Angeles."<br />

In other developments, Lt.<br />

George Aliano, president of the<br />

Police Protective League, said the<br />

police union has scheduled a general<br />

membership meeting Thursday<br />

and Friday to discuss a possible<br />

effort~ ~ecall Mayor Bradley .<br />

Aliano, whose union represents<br />

8,100 of the· Police Department's<br />

8,300 members, said he will also<br />

suggest "lawful, off-duty" picketing<br />

and a work "slowdown." But he<br />

said he did not favor a strike or a<br />

slowdown because they might anger<br />

the publi~. .<br />

Meanwhi~:: Bradley-who has<br />

come under fire for calling on

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