In an August 13 response (provided by the DA's office to LBREPORT.com on request, treated as a Public Records Act matter), Los County DA Head Deputy Alan Yochelson stated:
"We take no position" as to whether or the complaint letter's allegations are true, and noted "that 42 U.S.C. section 1983 establishes a civil remedy as opposed to a criminal penalty. As such, a violation of this law is unenforceable in a state criminal proceeding." Mr. Yochelson's letter continued: "[W]ith limited exceptions that do not apply here, the Los Angeles County District Attorney's Office prosecutes violations of California law. Therefore, this office has no jurisdiction and cannot institute an investigation." And added: "You may wish to consult with private legal counsel to learn if there are civil remedies available to you. Thank you for bringing this matter to our attention and we are sorry we cannot be of more assistance."
The DA's office letter redacted the complainant's name [per standard DA policy] but it's not a secret; the complainant was Nathan Winograd, Director of the No Kill Advocacy Center, who announced his complaint letter when submitted. On August 14, Mr. Winograd submitted additional previous instances of Garcia allegedly hiding Facebook comments and now (under publicized pressure) "unhiding" them, but it didn't change the DA's office's conclusion. [Scroll down for further.]
