Home OP-ED With Firearms Charges Settled, Will Lt. Bailey Be Allowed to Return to...

With Firearms Charges Settled, Will Lt. Bailey Be Allowed to Return to Work?

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It Was ‘Fair’

Mr. Bailey’s team appeared to eagerly embrace the settlement with the District Attorney’s office. “It’s a fair decision,” said Joel Isaacson, his attorney.

By striking a compromise deal — that was proposed by Deputy District Attorney Tal Kahana and grabbed by the other side — the way has been paved, legally, for Mr. Bailey to return to active duty.

Reduction of the single surviving charge from a felony to a misdemeanor could salvage Mr. Bailey’s career in police work. Under state law, he would have been barred if he had been convicted of a felony.

Qualified at Least

“By pleading to a misdemeanor,” said Mr. Isaacson, “we believe he will qualify to return to work. Whether he wants to or not, whether they will take him or not, I don’t know. He has a lot of seniority there, you know. He is a lieutenant.”

The attorney said he and his client have not talked about the possibility of Mr. Bailey leaving the community to work at another police agency.

“I just don’t know enough about labor employment law to discuss it,” Mr. Isaacson said.

Gone Fishing

According to legal sources, the LAPD detectives were on a “fishing expedition” last spring when they obtained search warrants, hoping to rekindle interest and evidence in a much larger case.

Their reported objective was to find evidence that might link Mr. Bailey to the still unsolved murder of his first wife at the family home in Inglewood more than 14 years ago. Sources said the murder file in the case was reactivated at least a year and a half ago. It is ongoing.

No Word Would be Good News

As Mr. Bailey’s lawyer, Mr. Isaacson said that “I don’t expect to hear from anyone on that case — and I hope I don’t.”

The LAPD also tapped Mr. Bailey’s telephone last year, which failed to turn up any leads, sources said. But they did find two illegal assault weapons. In reviewing the settlement this morning, Superior Court Judge Alex Ricciardulli ordered the weapons confiscated and destroyed.

First Reporting Date

Throughout Mr. Bailey’s 24 months of summary probation, he will be reporting, at still undetermined intervals, to Judge Ricciardulli, starting on June 19.

Mr. Isaacson’s request to delay the first reporting date for 6 months was firmly rejected.

Nothing Religious

When Mr. Bailey agreed to 300 hours of community service, Ms. Kahana said it could not be around his church or any religious institution. Why not? “Just a personal preference,” she said later.

The judged warned Mr. Bailey that if he violates the terms of his probation, he would face up to a year in jail.

Hush and Hush

The 49-year-old officer has been on paid leave since last autumn.

The Culver City Police Dept., in traditional fashion, has clamped an airtight lid on the Bailey case.

At the time of the officer’s deactivation while the firearms possession charges meandered through the crowded court calendar, Police Chief Don Petersen declined to even confirm he was on paid leave, much less any other detail.

Lawyer to Chief

If he could address the police chief, Mr. Isaacson said he would say:

“Mr. Bailey is a wonderful officer. These are technical violations, and gun laws are complicated.”

Whether the settlement works out in Mr. Bailey’s favor, from a career standpoint, is not expected to be known in the near term.

Officer’s Preference

Although Mr. Isaacson declined to make his client available, there seems to be no doubt professionally what the dapper officer wants.

Standing outside of the downtown Los Angeles courtroom of Judge Ricciardulli, Ms. Kahana denied the settlement had been purposely shaped to accommodate Mr. Bailey’s 28-year police career.

“That is (an) incorrect” assertion,” she said flatly. “I do not base any agreement or negotiation on anyone’s career.”

No Decision

However, according to Mr. Isaacson, it was Ms. Kahana, not his side, who suggested reducing the one charge.

Standing in for Mr. Bailey, his lawyer was asked if the officer would seek to be reinstated by the Culver City department.

“I don’t know,” Mr. Isaacson said. “It still is up in the air.”

Either Way

During the brief court proceedings, the firearms possession charge against Mr. Bailey was described as a “wobbler” under the law. This means it can equally be lodged as a felony or a misdemeanor.

Mr. Isaacson was questioned about the crucial point of getting the charge reduced. “Certainly we considered that point,” Mr. Isaacson said, “because it will go a long way his possible return.

An Uncertain Future

“We have talked about his career, but I don’t know what Mr. Bailey has decided. A lot of it depends on what the Police Dept. wants.

“We have not made any decisions. He still is checking what his options are.

“Mainly, we are waiting to see what the department is going to do.”