LA DA Drops Felonies Against Whistleblower Cop

LA DA Drops Felonies Against Whistleblower Cop

Whistleblower testifying under oath at a witness table with documents

The News

Los Angeles County District Attorney Nathan Hochman said Wednesday he is reducing 16 felony eavesdropping counts against LAPD Officer Daniel Flores to misdemeanors, after weeks of backlash over charging an officer who secretly recorded colleagues making racist, sexist and homophobic remarks.

Flores had faced up to 13 years in prison. Under the new posture, the case is expected to resolve through a diversion agreement that keeps him out of jail entirely.

Hochman said he still believes Flores broke California's two-party consent law — but that the felony filing "sent the wrong message" about how his office treats whistleblowers.

Timeline

2025:

Flores makes more than 100 recordings of colleagues in the LAPD's recruitment division, capturing what the district attorney's office described as racist, sexist and homophobic remarks, according to the Los Angeles Times.

Early 2025:

Flores reports the recordings to LAPD internal affairs, the Associated Press reported. He also lodged a complaint with the department's inspector general. The Los Angeles Times first reported the existence of the tapes at the time.

June 2026:

Flores files a lawsuit accusing the LAPD of retaliating against him for reporting misconduct.

July 2026:

Hochman charges Flores with 16 felony counts under a decades-old California statute barring secret recordings without the informed consent of everyone present.

Earlier in August:

Hochman's office files an unusual 27-page motion seeking a lengthy preliminary hearing, alleging Flores deceptively edited the recordings to hide his own insensitive remarks and was motivated by a desire to win a large legal settlement. The motion referred to the taped officers' remarks as "locker room talk."

Last week:

Flores pleads not guilty at his arraignment in a downtown Los Angeles courtroom. City Councilmember Hugo Soto-Martínez introduces a resolution condemning Hochman for bringing "felony charges against a City employee who reported workplace discrimination through official channels."

Wednesday, Aug. 19:

Hochman announces all 16 felonies will be reduced to misdemeanors.

Reactions

Hochman told reporters downtown that his office was "listening to the impact the case was having on potential whistleblowers," and that he wanted to make "crystal clear" his aim was to stop illegal investigative practices by police, not to silence officers who report bad behavior. "The message was not being clearly interpreted about us being protective of whistleblowers," he said.

He also defended the prosecution itself. "Here we have an LAPD officer who should know the law better than anyone else," Hochman said, noting his office works "every single day with individuals who are whistleblowers who have brought wrongdoing forward through legitimate means." He said he could technically have charged Flores with 122 felony counts — one per recording — and warned: "If you go ahead and illegally eavesdrop in our community, you will face criminal prosecution for doing it, so don't take out your cellphones and or your smart glasses or anything else."

Hochman denounced the taped comments as "hate speech" but said there was no evidence they amounted to a hate crime, which he said blocked his office from criminally prosecuting the officers who made them.

Flores' attorney, former L.A. County prosecutor Alan Jackson, claimed vindication. "Following this disposition, 16 felonies will be dismissed with no plea, no punishment, and no record, because Daniel Flores told the troubling truth about what he heard inside his own department," Jackson said. "As the investigators themselves concluded, there was no reasonable expectation of privacy in this open-plan LAPD office. That isn't eavesdropping, it's being a witness. Mr. Flores has committed no crime." In July, Jackson told the Los Angeles Times the charges told officers that "if you document bigotry inside the LAPD, you will be the one who ends up in a courtroom."

Mayor Karen Bass and some of Hochman's own prosecutors had criticized the filing as "insane" and a deterrent to police trying to expose misconduct, the Los Angeles Times reported. Bass said she worried about a chilling effect on other police whistleblowers.

Several county prosecutors who spoke to the Times anonymously called the DA's own motion in the case bizarre and unprecedented, and said the reversal within two weeks was embarrassing for the office. "From charging to doubling down to reducing to misdemeanors, this just makes it worse," one prosecutor said. "The filing was inappropriate but then to bend to public pressure isn't appropriate either."

An LAPD spokesman referred all questions to the district attorney's office. The AP said Jackson did not respond to an emailed request for comment Wednesday morning.

What's Next

Jackson said he expected to request a diversion agreement in a downtown courtroom on Thursday. Flores' next court date is set for Sept. 9.

A judge must accept the deal. If Flores satisfies its terms for roughly a year without violating any laws, the case is dismissed.

The officers captured on the recordings face confidential LAPD disciplinary hearings. The department has not said whether anyone has been disciplined.

Flores' retaliation lawsuit against the LAPD remains pending. The inspector general's office told the Times it is barred by state law from discussing individual cases, but that its practice is to refer all complaints of employee misconduct to internal affairs.

More

Flores was found guilty in a separate internal LAPD investigation and given a 22-day suspension without pay, the Los Angeles Times reported. It is not clear whether he served it.

The recordings, according to a motion filed by the district attorney's office and court records described by the AP and the Times, captured officers joking that a legendary latino Dodgers pitcher died because he "ate too many tacos," invoking stereotypes about black people, and calling a young LAPD recruit "rapeable" because that person was "someone who could be taken advantage of."

California is a two-party consent state: recording a conversation without the permission of the other participants is a crime absent a court order. Flores' lawyers have argued his conduct was permitted under the California Invasion of Privacy Act because he was acting in the course of his duties as an officer. Hochman said the case also mattered because new products like Meta's smart glasses make surreptitious recording easier.

Because the case was originally filed as a felony, the district attorney's office can keep it even though misdemeanors in Los Angeles are normally handled by the city attorney, a DA's office spokesman told the Times.

Reporting: Associated Press, Los Angeles Times, CTV News, The Independent.

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