LA sheriff oversight commission starts inquiry into Villanueva’s ‘secret police’

Testimony by current and former LASD employees sheds light on former Sheriff Villanueva’s intimidation of perceived enemies.

This story was originally published by Los Angeles Public Press.

Members of the LA County Sheriff’s Civilian Oversight Commission (COC) questioned two detectives previously assigned to the secretive Civil Rights and Public Corruption Detail of the Los Angeles County Sheriff’s Department in a special hearing on Friday. The hearing launched a new investigation into the purpose of the detail, and its use as a means to intimidate critics of former sheriff Alex Villanueva, and individuals with oversight responsibilities over the department. 

The public corruption detail has faced public scrutiny, earning the nickname of ‘secret police’, and was condemned in a 10-page memo by the COC calling for an investigation into whether Villanueva was abusing his power. It is the unit the sheriff’s department used to investigate the former LA County Supervisor Shelia Kuehl, the Inspector General of Los Angeles County Max Huntsman, a staffer of the Los Angeles County Board of Supervisors, a member the COC, and a former Los Angeles Times reporter. In September of 2022, the unit carried out a raid on the homes of Kuehl and Patti Giggans, the COC member. 

During the hearing, commissioner Sean Kennedy questioned sheriff’s sergeant Max Fernandez and retired detective Mark Lillienfeld. Kennedy laid out a pattern of members of the unit not reporting misconduct and potentially illegal actions, giving dishonest testimony, inappropriately accessing files, and extending favors to sitting judges.  

Fernandez and Lillienfeld’s testimony at times was combative with the commission’s members, and they failed to answer several questions. They grinned when asked about any affiliations with deputy gangs, and denied any connections. Fernandez, however, did acknowledge that he was the creator of a design that has become tied to the Compton Gladiators. He said that he had the design inked on his body, but would not specify where. 

Kennedy questioned Fernandez about an incident where he shot and killed 27-year-old Brice Ross. During the shooting, Fernandez claimed Ross pointed a gun at him. No gun was recovered, according to sheriff’s department investigatory documents. 

Kennedy also questioned Fernandez repeatedly about an appellate court decision that ruled he had given “deliberate” false testimony beneficial to the prosecution. Fernandez said that he did not remember the case where he provided false testimony. “I’ve never lied on the stand, that’s ridiculous,” he said. “I’m an anti-corruption cop.” At one point his attorney, Tom Yu, interrupted the proceedings to call the questions “harassment” and “character assassination” while instructing Fernandez not to answer.

Lillienfeld faced inquiry about an incident where he was captured on video posing as a deputy and bringing contraband to an inmate at Men’s Central Jail. Lillienfeld was working for the office of then district attorney Jackie Lacey as part of the Conviction Review Unit. He testified that his donning of a deputy uniform and transporting of an Egg McMuffin and coffee to the jail’s chapel was part of an elaborate undercover investigation to target a murder suspect. He said the goal was to use an undercover agent to curry favor with the man suspected by gifting him smuggled items like the Egg McMuffin. The end goal was to smuggle a tapped cell phone. Lillienfeld said that Lacey knew of the operation but the sheriff’s department did not, which led to an internal inquiry and flyers with his face put up at the jail.   

Fernandez said he had no previous experience investigating public corruption prior to his admission to the public corruption detail. He testified that he received a call from his captain where he was instructed to join it. 

During his time in the detail, Fernandez said he consulted with Alan Yochelson, Head Deputy of the Justice System Integrity Division of the District Attorney office. The JSID handles prosecutions of police officers and attorney misconduct. 

Fernandez said he and Yochelson met about an investigation into more than $800,000 of contracts Los Angeles County Metropolitan Transportation Authority (Metro) awarded to Peace Over Violence, a nonprofit run by COC commissioner Patti Giggans. The organization had been tasked with operating a hotline for reporting sexual harassment on public transit. However, the agreement came under scrutiny when Jennifer Loew, who oversaw the hotline, publicly claimed the agreement was part of a quid-pro-quo for Giggans’ support of Kuehl’s campaign for county supervisor in 2013 and 2014. Her complaint was eventually picked up by the sheriff’s public corruption detail after several other police agencies declined to take action. 

Fernandez stated that during their meeting Yochelson said the investigation into Giggans made “a strong case” with “a lot of corruption.”

Yochelson did not respond to a request for comment. 

Lillienfeld later confronted Loew’s husband, Adam, after he complained about the pace of the probe. Adam Loew recorded the conversation, and a transcript of it was shown during the special hearing. During the recorded conversation, Lillienfeld said that Adam Loew was “poking the wrong fucking bear.” 

In the hearing, Lillienfeld initially denied knowing that Fernandez had given Adam Loew confidential information during the conversation but eventually capitulated under questioning, saying “you got me there, Mr. Kennedy.” He further stated that Fernandez was not investigated for the leak as Lillienfeld believed that Fernandez did not make the disclosure with “ill intent”. 

Fernandez testified that he was guided through the case by at least 4 FBI agents. Lillienfeld stated that during a meeting with Brandon D. Fox, then chief of the Criminal Division of the US Attorney’s Office for the Central District of California, the office declined to file charges. Lillienfeld testified to the COC that the US Attorney’s declination didn’t deter him from continuing his investigation because “we hadn’t barely barely touched the surface of the inquiry and he made a rash judgment based on scant or little evidence that was presented.”

A representative for Fox’s current law firm said “the US Attorney’s Office has not authorized him to discuss this topic” in response to a request for comment. 

The public corruption detail obtained and executed search warrants for the offices of the Peace Over Violence and Metro in February of 2021. In fall of 2021, the sheriff’s department took the case to local prosecutors for charges. They declined. The following September, Superior Court Judge Eleanor Hunter told the department that if investigators wanted to carry out more searches they needed to narrow the scope of the warrants they were seeking. Days before the raids were carried out, Fernandez took a fresh round of warrants to Superior Court Judge Craig Richman. 

An attorney for Kuehl called the switch to a new judge “highly suspicious” in court papers, but another judge found no impropriety.

In 2014, Judge Richman was charged with misdemeanor battery of a woman resulting from a dispute over a bag of dog feces. Lillienfeld testified Friday that he accessed the confidential criminal history of Connie Romero, and obtained a report of a DUI arrest from the Ventura County Sheriff’s Department. Although the report was labeled with Lillienfeld’s name along with instructions it was not to be duplicated, a copy of the report with this direction whited out was submitted to the court by Richman’s defense attorney. According to documents from the District Attorney’s office, Richman sent an email to Lillienfeld around this time that read, “Thanks for your help and your friendship.”   

The September 2022 raids on the homes of Giggans and Kuehl were carried out once Richman approved fresh warrants. Fernandez testified that he was told the FBI would take over the case after a search warrant was executed on Kuehl’s home. According to Fernandez, the investigation continued for three days following the raids. 

California Attorney General Rob Bonta took over the investigation shortly after, which continued for two years. In August of 2024, the investigation formally concluded with no charges. In a statement, Bonta’s office said that “there is insufficient evidence” to support prosecution.

At the hearing’s conclusion, COC chair Robert Bonner said that he would like to see Villanueva and former undersheriff Timothy Murakami, who oversaw the public corruption detail, return to the commission to testify. 

“What other conclusion can you come to other than it was set up to intimidate A.V.’s critics, to intimidate individuals that had oversight responsibilities for the sheriff himself and his department,” Bonner said. “They are nothing less than McCarthyesque type tactics and we must be sure that will never happen again.”