LAPD Officer Who Recorded Others Placed In Diversion Program, Avoiding Prison

LOS ANGELES, CA — As expected, felony charges filed against a Los Angeles Police Department officer who secretly recorded his colleagues making racist, sexist and homophobic comments were reduced Thursday to misdemeanor counts at the prosecution's request, and he was placed in a diversion program that will allow him to avoid prison time and could result in the case being dismissed in one year.

The 16 eavesdropping charges against Daniel Flores, 43, will be dismissed on Aug. 20, 2027, if he successfully completes the diversion program — the only condition of which is that he obey all laws.

Outside the downtown Los Angeles courthouse, defense attorney Alan Jackson told reporters, "It's an absolute victory for Daniel. I couldn't be more pleased at the outcome."

He noted that his client walked into court facing 16 felony charges that could have carried a maximum 13-year sentence and that "This case is basically dismissed."

"It's going be over one year from today ... He's entered no plea, no acknowledgement of any wrongdoing because he did not engage in any wrongdoing ... ."

Flores' attorney maintained that the officer "never should have been charged in the first place," saying that it sends a "chilling message" to file a case against "an officer who is rooting out evil, rooting out wrongdoing within the walls and the halls of the LAPD."

• See also: DA Details 122 Secret Recordings As LAPD Officer Pleads Not Guilty

Jackson had noted earlier this month that there has been widespread countywide, statewide and even national criticism of the decision by the District Attorney's Office to file the case against Flores, whom he said "did exactly that which we would expect him to do as an officer of the law, as a peace officer."

Flores was originally charged with 16 felony counts of eavesdropping or recording confidential communications.

Prosecutors said Flores, who was assigned to the LAPD's Recruitment and Employment Division, made the recordings of his colleagues in 2024, and that they were made "without the permission of those who were recorded."

District Attorney Nathan Hochman announced Wednesday that his office would reduce the charges to misdemeanors, saying he did not want the case to discourage other potential whistleblowers from coming forward to report suspected wrongdoing.

"Our office works every single day with individuals who are whistleblowers who have brought wrongdoing forward through legitimate means," Hochman said. "... We count on witnesses coming forward, showing the bravery to actually expose the criminal conduct, sometimes at a sacrifice to their own potential safety, and we make sure that safety is respected and protected at each point in the process."

The district attorney said the 16 charges against Flores pertained to each of the 16 officers who were recorded, noting that Flores made 122 recordings overall, and could have faced charges for each of those recordings. He also said all 16 of the officers recorded were subjected to internal LAPD disciplinary proceedings, with penalties ranging from reprimand to suspension or termination.

While his office still believes Flores violated the law, Hochman said he heard the reaction from the community about the effect filing felony charges might have on people deciding whether to come forward with allegations of wrongdoing.

"In fact, the response back in many different quarters, whether it was from community members, elected officials, various individuals, was that this type of prosecution, because we used felony charges that could result in state prison, would actually chill legitimate whistleblowers who were potentially thinking of coming forward, because they would be worried about being criminally prosecuted from the District Attorney's Office," he said. "And the distinction that we were making — that whistleblowers, if they engage in lawful means to gather their evidence, would never be prosecuted — was being somewhat lost in the media and as we went out through the general community."

Flores' attorney countered, "I will push back against the statements that were made by the District Attorney's Office yesterday in terms of the criminality of the recordings that Mr. Flores engaged in. There was no expectation of privacy whatsoever that would be recognized by the law ... I think the D.A.'s Office saw very strong head winds blowing right in their face that this looked like an incredibly reactive response to an officer doing that which he should have been doing."

Flores claimed in a hostile-workplace lawsuit he filed against the city in June that he made the recordings in what he believed was part of a "lawful investigation as a police officer" into department members using racist, sexist and homophobic slurs.

In his lawsuit filed in June against the city, Flores contended that he was subjected to a hostile workplace beginning in about late 2021 when a new supervisor took over the LAPD's recruitment division and "repeatedly made derogatory statements and fostered an environment in which other employees were encouraged to do the same."

The lawsuit claims his co-workers made comments calling women "bitches who cannot be trusted." Some co-workers also derided Asians and Hispanics, with Flores' supervisor claiming former Dodgers pitcher Fernando Valenzuela died because "he ate too many tacos," the suit states.

The suit also contends co-workers made derogatory statements about sexual orientation, using references such as "gay ass bitch," "the little gay one" and "little bitches." Other co-workers made various derogatory statements against Black people, including a comment that they "enjoy watermelon between basketball."

According to the lawsuit, Flores submitted his complaints about his co- workers to LAPD Internal Affairs and the Los Angeles Police Commission in January 2025.

By Terri Vermeulen Keith, City News Service