A Los Angeles police officer thought he was building a case against his own colleagues when he collected roughly 90 recordings of what they were saying behind closed doors.
Instead he’s accused of violating the state’s privacy law after sharing recordings of his LAPD colleagues making racist, homophobic, and sexist comments.
Daniel Flores was charged with 16 counts of felony eavesdropping, Los Angeles County prosecutors announced Friday. He faces up to 13 years in prison if convicted.
“It doesn’t matter where you work or who you are – a neighbor, a coworker or, in this case, a police officer. Your right to privacy in a confidential conversation is protected, no matter who is doing the recording or, with few exceptions, why they are doing the recording,” LA County District Attorney Nathan J. Hochman said in a statement.
According to the Los Angeles Times, Flores turned over roughly 90 recordings to his superiors. He had hoped the evidence would be used to discipline those responsible.
The conversations took place between March and October 2024 and involved members of the department’s recruitment unit. Those officers are tasked with deciding who can join the police force.
What Was in the Recordings?
Flores filed a lawsuit against the city last month, outlining some of the recordings.
According to the lawsuit obtained by the Times, he claimed to have heard his supervisor, who was Asian, say that an “Asian invasion” had begun before recruiting officers of Asian descent.
The supervisors and unnamed colleagues also reportedly made inappropriate comments about women, referring to them as “bitches” who couldn’t be trusted, according to the Times.
Flores claimed that in another conversation, he heard his supervisor discuss the death of Dodgers legend Fernando Valenzuela from septic shock. He said his supervisor told subordinates that the Mexican pitcher “ate too many” tacos.
The Times reported that the lawsuit accused other officers of referring to other colleagues as queer with a slew of derogatory terms.
Flores claimed officers also referred to Black people as monkeys. “Black people like grape soda – they enjoy watermelon between basketball,” one was overheard saying, according to the Times.
City Leaders React
LAPD Chief Jim McDonnell, Mayor Karen Bass, and the police union condemned the comments made in the recordings.
Hochman said while he found the recorded comments deplorable, Flores still violated the California Invasion of Privacy Act.
“This case serves as a warning to anyone seeking to record a conversation without the other person’s permission that doing so is illegal and has been a crime in the state of California for over 50 years,” Hochman said. “For those illegal eavesdroppers, please know that my office will prosecute them for their actions surreptitiously recording others.”
California is an all-party consent state. That means everyone involved in a private conversation must consent to being audio recorded.
In some states, like Georgia, only one person involved needs to consent.
Legal Battle Begins
Flores’ attorney, Alan Jackson, condemned prosecutors for pursuing charges.
“Today the Los Angeles County District Attorney’s Office charged a police officer with a crime for reporting racism inside the Los Angeles Police Department,” he told the Times. “Not the officers who were recorded using racial, sexist, and anti-gay slurs. Not the officers who sat in a government building and said those things while holding the power to decide who becomes an LAPD officer. The officer who reported them.”
Jackson said he plans to argue Flores made the recordings within the scope of his duties as a police officer. He also pointed out that Flores never leaked the video because he gave it to his superiors.
“Daniel Flores did not leak this material. He did not sell it, post it, or hand it to a reporter. He walked it into Internal Affairs and gave it to his own department,” Jackson told CBS News.
Flores’ attorney also argued that the recorded conversations took place in public areas of the workplace.
An administrative investigation by the LAPD found Flores guilty of violating policy and recommended suspension without pay for 22 days. That decision has not been finalized.
LAPD Chief Jim McDonnell said that he supports the “legal process now underway.”
“The LAPD’s Internal Affairs Division conducted a thorough investigation, identified criminal conduct, and presented the facts for filing consideration as is our responsibility when potential criminal conduct by an employee is discovered,” McDonnell said. “I am committed to ensuring the workplace is professional, respectful, and free from misconduct, and any employee who violates those standards will be held accountable.”
Atlanta Black Star reached out to Jackson for comment but has not heard back.
