Deputy’s Libel Suit Against D.A. Is Denied
The state Supreme Court has upheld a lower court’s decision to toss out a libel lawsuit accusing Dist. Atty. Michael D. Bradbury of defaming a Los Angeles County sheriff’s deputy after a deadly drug raid five years ago.
The court’s ruling earlier this week not to hear an appeal essentially ends the complex case, which has bounced through state courts in three counties during the last three years.
“I was never in doubt of the final outcome,†Bradbury said Thursday. “It is nice to have three years of an energy drain on this office over.â€
Deputy Gary Spencer sued Bradbury and four staff members in March 1994, accusing the prosecutor of defamation, libel, slander and violation of Spencer’s civil rights.
Spencer shot and killed millionaire Donald P. Scott during a fruitless drug raid at his isolated 200-acre ranch, just across the Ventura County line from Malibu, in 1992.
In a highly publicized report issued a year later, Bradbury concluded that the deputy shot in self-defense because Scott was waving a gun during the raid.
But Bradbury also criticized Spencer, accusing the deputy of lying to obtain a search warrant on the $5-million property, in part to seize it under federal forfeiture laws.
Spencer sued Bradbury and his staff, alleging that the report defamed him.
After moving through various state courts, the case landed before the 2nd District Court of Appeal in Ventura, which ruled in October that Bradbury’s 1st Amendment rights to free speech allowed him to criticize Spencer.
On Nov. 12, Spencer’s attorney filed a petition to the state Supreme Court. That request for a hearing was unanimously denied Wednesday, said Glen M. Reiser, Bradbury’s attorney.
“I think that is good news not only for my client but for the media and every citizen who exercises free speech,†Reiser said Thursday, shortly after he was notified of the decision.
“The lawsuit itself created a chilling effect on government free speech rights,†Reiser said. “It forced extraordinary caution on communicating with the media.â€
The only other issue still pending in the case is an order for Spencer to pay legal fees accumulated by Bradbury’s office, which exceed $37,000, Reiser said.
The matter is expected to be taken up by an Inyo County judge in April.
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