Judge Grants Access To Unrelated Police Records In ‘Sex Sting’ Case

Defense attorneys who claim Palm Springs Police officers unfairly targeted gay men in a sex sting in the Warm Sands neighborhood last summer will have access to two years of past arrest records unrelated to the sting, a judge ruled today.

The attorneys hope to use the documents to get dismissals for men charged with having sex in public by proving police sought harsher charges against homosexuals, even though heterosexuals were never targeted for similar conduct.

Following three days of testimony, Riverside County Superior Court Judge David Downing ruled that Palm Springs police must release arrest records on all charges of California Penal Code 647 (A), engaging in a lewd act in public; PC 647 (B), loitering near a toilet open to the public for the purpose of engaging in lewd or lascivious conduct; and PC 314, exposing private parts in a public place.

The judge gave the department 30 days to compile the documents.

The two dozen men in the sting face misdemeanor charges under PC 314 that would require them to register as sex offenders on a list only visible to law enforcement, which defense attorneys contend is too harsh.

The Warm Sands neighborhood is known to be a popular gay “cruising” spot.

Deputy Public Defender Laura Garcia did not deny the charged men’s conduct was illegal, but said she had evidence heterosexuals were engaging in similar conduct, but were not being prosecuted in the same way.

The attorney admitted she has her work cut out for her.

“We’ll have to go through the police reports and the arrest logs. We’ll have to see how many such arrests for the same type of charges were made, how they were done, were stings utilized and how those were applied,” she said.

Chief Deputy District Attorney Dianna Carter said that she did not believe the attorneys were entitled to any of the records because they had not proved police used discriminatory practices.

“The judge made a very limited discovery order. He denied almost all the discovery the defense requested,” Carter said.

The prosecution has contended that the men were charged appropriately.

Stay with News Channel 3 and KESQ.com for the latest on this developing story.