Defense Attorney Files Motion To Dismiss Charges In Palm Springs Sex Sting
A defense attorney who claims Palm Springs police unfairly targeted gay men in a sex sting in the Warm Sands neighborhood last year filed a motion today seeking dismissal of charges in the case.
READ: Motion To Dismiss Charges In Gay Sex Sting
Deputy Public Defender Roger Tansey argued in the motion that two years of records, which were released by Palm Springs police under court order, show heterosexuals have never been the target of stings like the June 17-20, 2009, operation that resulted in the arrest of 19 men.
The men arrested during the sting operation face misdemeanor charges that would require them to register as sex offenders on a list only visible to law enforcement.
A hearing on the motion is set for Jan. 20 at the Larson Justice Center in Indio.
Prosecutors insist there is sufficient evidence to prove the defendants violated the law.
“Our office does not file a case based on anyone’s sexual orientation, or any other factor,” said Michael Jeandron, a spokesman with the Riverside County District Attorney’s Office. “We don’t file a case based on who or what a person is. We file a case based on what was done.”
According to Tansey, the records also showed 83 percent of complaints from the public about indecent exposure involved a woman reporting aggressive sexual conduct by a man.
Only one of the complaints involved a gay man exposing himself to “an unwilling participant,” and the incident did not occur in the Warm Sands neighborhood, he said.
Tansey said police chose to target gay men, “ignoring the abundance of lewd conduct by straight men in Palm Springs.”
The defense attorney contends the department appears to be “engaging in homophobia.”
He pointed to discriminatory comments allegedly made by police Chief David Dominguez, who was briefly at the sting.
According to a complaint filed by an attorney representing several unnamed officers who took part in the sting, Dominguez said, “What a bunch of filthy mother (expletive),” referring to the suspects. Shortly thereafter, the chief stated, “You guys should get paid extra for this,” according to the complaint, which is still be investigated by the city.
Tansey claimed the chief’s comments created an environment that led to another officer to hurling a gay slur during the operation. That slur can be heard on a videotape shot by police inside an undercover vehicle to document the sting operation.
In a previous interviews, Dominguez has denied being in the car when the slur was used.
Dominguez and the officers involved in the operation were questioned as part of an internal review, but the results of that investigation have not been released.
