LOS ANGELES — The city attorney’s office in Los Angeles announced on Tuesday that no criminal charges will be brought against two individuals linked to a racially charged conversation that gained significant attention and led to the resignation of the city council president following the leak of the audio in 2022.
Although the couple, who are married and previously employed by the Los Angeles County Federation of Labor, has not been publicly identified due to the absence of charges against them, their home was connected to social media posts that brought to light the contentious recording.
City Attorney Hydee Feldstein Soto’s office decided against pursuing misdemeanor charges just a few months after the District Attorney’s office declared that felony charges would not be filed.
According to spokesperson Ivor Pine, the decision was made after a thorough review indicated that there was inadequate evidence to fulfill the constitutional standard of proof for prosecution. Consequently, the city attorney’s office will refrain from pressing any criminal charges.
The controversy originated from a leaked audio snippet capturing disparaging and racist remarks during a private assembly in 2021, where four Latino Democratic officials strategized to amplify their political influence at the cost of Black voters during a council district boundary realignment. This recording surfaced publicly in the following year, igniting significant backlash.
In the fallout, Council President Nury Martinez and influential labor figure Ron Herrera stepped down from their positions. Councilman Gil Cedillo’s term expired shortly afterward, while Councilman Kevin de León faced intense pressure, including from the White House, to resign but opted to seek reelection instead, with a runoff election approaching in November.
The rendezvous that led to the contentious recording took place at the headquarters of the local labor federation, known as the “LA Fed,” where both individuals worked at the time.
According to investigators, the incriminating audio was posted anonymously on Reddit in 2022, and a Twitter account later boosted this post. The accounts were connected to an email linked to an IP address traced back to the couple’s residence.
Initial recommendations from detectives suggested felony charges for eavesdropping and illegal recording concerning both the 2021 conversation and a follow-up phone call between Herrera and a federation spokesperson in 2022. The District Attorney earlier declined to file charges, leading to the case being handed over to the city attorney.
Under California’s strict wiretapping laws, all participants in a private conversation or call must consent to being recorded; failing to do so could result in criminal or civil repercussions for the recorder. The state’s statutes are recognized for being particularly protective of privacy, allowing the “injured party,” or those recorded without permission, to pursue legal action.
Cedillo and de León are currently engaged in separate lawsuits against the couple.
In the worksheets prepared by the District Attorney’s office, it is noted that there were “similar motives to carry out the offense” attributed to both individuals, although specific motives were not articulated. Prosecutors indicated that available evidence points to either one or both parties being responsible for the recording.
Nevertheless, the documentation raises questions regarding the exact method of the unlawful recordings, the devices involved, and the identities of those who uploaded the recordings to online platforms and set up the anonymous accounts on Reddit, Twitter, and Gmail.