Los Angeles City Attorney declines to file charges in racist recording scandal

CBS News Los Angeles

The Los Angeles City Attorney has declined to press charges related to the racist recording that resulted in the council president's resignation two years ago. 

"After careful review, it was determined that there was insufficient evidence to meet the constitutional standard of proof. Because of this, our office will not be filing criminal charges," the attorney's office said. 

Los Angeles, CA - October 04: Councilman Kevin de León, left, and Los Angeles City Council President Nury Martinez confer at city council meeting on Tuesday, Oct. 4, 2022 in Los Angeles, CA. Irfan Khan | LA Times | Getty Images

The scandal 

The audio released in October 2022 captures a 2021 conversation between then-council President Nury Martinez, former Councilman Gil Cedillo, LA County Federation of Labor President Ron Herrera and Councilman Kevin de León.

Martinez, along with fellow councilmembers Kevin de León and Gil Cedillo and Ron Herrera, the president of Los Angeles County Federation of Labor, can be heard making racist comments targeting then-Councilman Mike Bonin's two-year-old Black son, as well as several other ethnic groups. 

"They're raising him like a little white kid. I was like, this kid needs a beatdown. Let me take him around the corner and then I'll bring him back," Martinez can be heard saying, also referring to Bonin as a "little b----."

During the discussion, they also had a lengthy conversation about the council's redistricting process, which was subsequently scrutinized, even eliciting an investigation from California Attorney General Rob Bonta. 

In the wake of the audio leak, protesters gathered outside of Martinez's home, calling for her resignation.

Martinez and De León both offered apologies in statements released to the public on Sunday after the story was first leaked, with Martinez indicating that the conversation happened during a "moment of intense frustration and anger," while De León offered regret for "appearing to condone and even contribute to certain insensitive comments made."

The leak ultimately led to Martinez and Herrera's resignation. 

"It is with a broken heart that I resign my seat for Council District 6, the community I grew up in and my home," a lengthy written statement said in 2022. "To my staff — I'm sorry that we're ending it this way. This is no reflection on you. I know you all will continue to do great work and fight for our district. I'll be cheering you on."

Continued calls for resignation 

Despite passionate protests, Cedillo and de León refused to step down from their positions immediately after the scandal. While Cedillo was eventually termed out of office, de León continued to represent District 14 for the last two years of his current term. 

KCAL News

"I'm sorry. I'm sorry to my constituents,"  the councilman said during an interview with KCAL News.  "I'm sorry to my colleagues. I'm sorry to the family of Mike Bonin — to my family, to all those who have supported me."

Following his public apology for his part in the scandal, the embattled councilmember resisted calls to step down and stepped away from council meetings immediately following the leak.

"I have to do the hard work. I have to repair. I have to help heal. I have to help restore," he said. 

After surviving a recall election, de León announced his bid for another round representing District 14. He will face off against relatively new political newcomer Ysabel Jurado in November's general election. 

Martinez's vacant seat

In the wake of Martinez's resignation, her constituents in Council District 6 remained unrepresented for several months as the city leaders scheduled a special election. 

District 6 consists of Van Nuys, Arleta, Lake Balboa, Panorama City, Sun Valley and the eastern portions of North Hills and North Hollywood.

After months, voters selected Imelda Padilla to fill the vacant seat for the remainder of Martinez's term, slated to end in December 2024. The special election saw a voter turnout of less than 15%, according to the Los Angeles County Registrar-Recorder/County Clerk's office.

"My journey as a champion for the northeast San Fernando Valley began when I was 15 years old and I joined the L.A. City Youth Council," Padilla said in a 2023 statement during the election. "That experience sparked a lifelong passion for organizing and serving the hard-working families, seniors and youth of the Valley. So, today truly feels like it has been 20 years in the making."

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