A Los Angeles police officer who faced multiple felonies for recording his colleagues making racist, sexist and homophobic comments will now likely avoid jail time under a new agreement with prosecutors, Los Angeles County’s district attorney said Wednesday.
Dist. Atty. Nathan Hochman announced he would reduce 16 felony eavesdropping counts against Officer Daniel Flores to misdemeanors, and that the case would likely resolve in court through a diversion agreement.
The announcement came after Hochman faced backlash for the decision to prosecute Flores, with L.A. Mayor Karen Bass and even some of his own prosecutors criticizing the filing as “insane” and a deterrent for police looking to expose corruption and misconduct within their ranks.
The district attorney acknowledged the public reaction to the case as he spoke downtown Wednesday morning, and said he wanted to make “crystal clear” his intentions were to blunt illegal investigative practices by police, rather than discourage cops who want to report bad behavior.
“The message was not being clearly interpreted about us being protective of whistleblowers,” he said.
Flores’ attorney, ex-L.A. County prosecutor Alan Jackson, said he expected to request a diversion agreement for Flores in a downtown courtroom on Thursday.
“Following this disposition, 16 felonies will be dismissed with no plea, no punishment, and no record, because Daniel Flores told the troubling truth about what he heard inside his own department. As the investigators themselves concluded, there was no reasonable expectation of privacy in this open-plan LAPD office,” he said. “That isn’t eavesdropping, it’s being a witness. Mr. Flores has committed no crime.”
If a judge accepts a diversion agreement, Flores would have to satisfy certain terms and conditions for about a year. If he does so, the case would be dismissed.
An LAPD spokesman referred all questions to the district attorney’s office. While misdemeanor prosecutions in Los Angeles are normally handled by the city attorney’s office, the D.A. can keep possession of the case because it was initially filed as a felony, according to a district attorney’s office spokesman.
Flores made more than 100 recordings of his colleagues in the Los Angeles Police Department’s recruitment division last year,capturing other officers making an array of racist, homophobic and sexist remarks. Comments included a joke about a legendary L.A. Dodgers pitcher who was Latino dying because he “ate too many tacos,” and referring to stereotypes about Black people enjoying eating watermelon and playing basketball. One officer was recorded calling a young LAPD recruit “rapeable,” according to court records.
If convicted of the original charges, Flores could have faced up to 13 years in prison.
California is a “two-party consent” state, meaning it is a crime for someone to record a conversation without the permission of other participants, unless there is a court order granting authority to do so. Flores’ attorneys have argued that his actions were allowed under the California Invasion of Privacy Act because he was acting in the course of his duties as a police officer.
Flores lodged a complaint with the LAPD’s inspector general’s office and has said he hoped the officers he taped making inappropriate remarks would face discipline.
The decision to charge Flores drew relentless criticism from a number of groups. Bass said she worried about the potential chilling effect on other police whistleblowers.
Last week, City Councilmember Hugo Soto-Martínez introduced a resolution condemning Hochman for bringing “felony charges against a City employee who reported workplace discrimination through official channels” and urging him to drop the charges.
Hochman told reporters that his office assessed the case with the same rigor as it would any other. In bringing the charges, he said he wanted to thread the needle between punishing the illegal recording and not dissuading whistleblowers from coming forward.
He suggested that he could have technically charged Flores with 122 felony counts, one for each recording that he made. Hochman also reiterated Wednesday that he felt it was important to file the case at a time when new products like Meta Glasses make it even easier to surreptitiously record people.
“If you go ahead and illegally eavesdrop in our community, you will face criminal prosecution for doing it, so don’t take out your cellphones and or your smart glasses or anything else,” he said, while encouraging whistleblowers to work with the D.A.’s office to gather evidence in the future.
Flores had pleaded not guilty at his arraignment in a downtown courtroom last week, with a team of high-powered lawyers in tow. His next court date was set for Sept. 9.
The second-guessing of Hochman’s decision ramped up earlier this month after the D.A., in an unusual move, filed a 27-page motion asking for a lengthy preliminary hearing in the case. The filing alleged Flores deceptively edited the recordings to hide his own insensitive remarks and suggested he was motivated by a desire to win a large legal settlement in court.
Hochman’s motion referred to the officers’ remarks as “locker room talk” — a characterization that was seized on by Flores’ legal team.
Jackson, a former L.A. County prosecutor, accused Hochman of contradicting himself, questioning the D.A.’s efforts to justify the officers’ coarse language.
Several county prosecutors, who spoke to The Times on the condition of anonymity for fear of reprisal, called Hochman’s decision to file his own motion in the case bizarre and unprecedented. While they privately lauded him for backing down on Wednesday, some said Hochman’s turn from zealously defending the filing to public capitulation in the span of two weeks was embarrassing for the office.
“From charging to doubling down to reducing to misdemeanors, this just makes it worse,” one prosecutor said. “The filing was inappropriate but then to bend to public pressure isn’t appropriate either.”
The motion, Jackson noted, relied heavily on the observations of the officers against whom Flores had leveled claims — and who were under internal investigation by the LAPD.
Flores filed a lawsuit in June accusing the LAPD of retaliating against him after he reported misconduct.
When reached for comment on Flores’ lawsuit, a spokesperson for the LAPD’s inspector general’s office said it was barred by state law from disclosing information about individual cases, but added that its practice is to refer all “complaints of employee misconduct” to Internal Affairs.
D.A. reduces charges against LAPD officer who recorded racist remarks
A Los Angeles police officer who faced multiple felonies for recording his colleagues making racist, sexist and homophobic comments will now likely avoid jail time under a new agreement with prosecutors, Los Angeles County’s district attorney said Wednesday.
Dist. Atty. Nathan Hochman announced he would reduce 16 felony eavesdropping counts against Officer Daniel Flores to misdemeanors, and that the case would likely resolve in court through a diversion agreement.
The announcement came after Hochman faced backlash for the decision to prosecute Flores, with L.A. Mayor Karen Bass and even some of his own prosecutors criticizing the filing as “insane” and a deterrent for police looking to expose corruption and misconduct within their ranks.
The district attorney acknowledged the public reaction to the case as he spoke downtown Wednesday morning, and said he wanted to make “crystal clear” his intentions were to blunt illegal investigative practices by police, rather than discourage cops who want to report bad behavior.
“The message was not being clearly interpreted about us being protective of whistleblowers,” he said.
Flores’ attorney, ex-L.A. County prosecutor Alan Jackson, said he expected to request a diversion agreement for Flores in a downtown courtroom on Thursday.
“Following this disposition, 16 felonies will be dismissed with no plea, no punishment, and no record, because Daniel Flores told the troubling truth about what he heard inside his own department. As the investigators themselves concluded, there was no reasonable expectation of privacy in this open-plan LAPD office,” he said. “That isn’t eavesdropping, it’s being a witness. Mr. Flores has committed no crime.”
If a judge accepts a diversion agreement, Flores would have to satisfy certain terms and conditions for about a year. If he does so, the case would be dismissed.
An LAPD spokesman referred all questions to the district attorney’s office. While misdemeanor prosecutions in Los Angeles are normally handled by the city attorney’s office, the D.A. can keep possession of the case because it was initially filed as a felony, according to a district attorney’s office spokesman.
Flores made more than 100 recordings of his colleagues in the Los Angeles Police Department’s recruitment division last year,capturing other officers making an array of racist, homophobic and sexist remarks. Comments included a joke about a legendary L.A. Dodgers pitcher who was Latino dying because he “ate too many tacos,” and referring to stereotypes about Black people enjoying eating watermelon and playing basketball. One officer was recorded calling a young LAPD recruit “rapeable,” according to court records.
If convicted of the original charges, Flores could have faced up to 13 years in prison.
California is a “two-party consent” state, meaning it is a crime for someone to record a conversation without the permission of other participants, unless there is a court order granting authority to do so. Flores’ attorneys have argued that his actions were allowed under the California Invasion of Privacy Act because he was acting in the course of his duties as a police officer.
Flores lodged a complaint with the LAPD’s inspector general’s office and has said he hoped the officers he taped making inappropriate remarks would face discipline.
The decision to charge Flores drew relentless criticism from a number of groups. Bass said she worried about the potential chilling effect on other police whistleblowers.
Last week, City Councilmember Hugo Soto-Martínez introduced a resolution condemning Hochman for bringing “felony charges against a City employee who reported workplace discrimination through official channels” and urging him to drop the charges.
Hochman told reporters that his office assessed the case with the same rigor as it would any other. In bringing the charges, he said he wanted to thread the needle between punishing the illegal recording and not dissuading whistleblowers from coming forward.
He suggested that he could have technically charged Flores with 122 felony counts, one for each recording that he made. Hochman also reiterated Wednesday that he felt it was important to file the case at a time when new products like Meta Glasses make it even easier to surreptitiously record people.
“If you go ahead and illegally eavesdrop in our community, you will face criminal prosecution for doing it, so don’t take out your cellphones and or your smart glasses or anything else,” he said, while encouraging whistleblowers to work with the D.A.’s office to gather evidence in the future.
Flores had pleaded not guilty at his arraignment in a downtown courtroom last week, with a team of high-powered lawyers in tow. His next court date was set for Sept. 9.
The second-guessing of Hochman’s decision ramped up earlier this month after the D.A., in an unusual move, filed a 27-page motion asking for a lengthy preliminary hearing in the case. The filing alleged Flores deceptively edited the recordings to hide his own insensitive remarks and suggested he was motivated by a desire to win a large legal settlement in court.
Hochman’s motion referred to the officers’ remarks as “locker room talk” — a characterization that was seized on by Flores’ legal team.
Jackson, a former L.A. County prosecutor, accused Hochman of contradicting himself, questioning the D.A.’s efforts to justify the officers’ coarse language.
Several county prosecutors, who spoke to The Times on the condition of anonymity for fear of reprisal, called Hochman’s decision to file his own motion in the case bizarre and unprecedented. While they privately lauded him for backing down on Wednesday, some said Hochman’s turn from zealously defending the filing to public capitulation in the span of two weeks was embarrassing for the office.
“From charging to doubling down to reducing to misdemeanors, this just makes it worse,” one prosecutor said. “The filing was inappropriate but then to bend to public pressure isn’t appropriate either.”
The motion, Jackson noted, relied heavily on the observations of the officers against whom Flores had leveled claims — and who were under internal investigation by the LAPD.
Flores filed a lawsuit in June accusing the LAPD of retaliating against him after he reported misconduct.
When reached for comment on Flores’ lawsuit, a spokesperson for the LAPD’s inspector general’s office said it was barred by state law from disclosing information about individual cases, but added that its practice is to refer all “complaints of employee misconduct” to Internal Affairs.
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MS NOW weekend anchor Alex Witt to exit as network reduces live weekend programming
Veteran MS NOW anchor Alex Witt is leaving the news network, which is moving away from live programming on the weekends.
The new weekend programming strategy announced Friday is a cost-saving measure that will give parent company Versant more resources for a new direct-to-consumer streaming offering that makes MS NOW available to consumers without a pay-TV subscription. The company is also looking to expand its live event business.
According to a memo from MS NOW President Rebecca Kutler, “The Weekend: Primetime,” a live discussion program launched last year, will have its final airing Saturday.
One of the program’s co-hosts, Antonia Hylton, will take over Witt’s midday shifts later this year. Hylton’s co-hosts Ayman Mohyeldin, Catherine Rampell, and Elise Jordan, will remain with MS NOW and continue to appear on other programs.
Kutler said job losses from the moves are minimal and encouraged staffers who lose their current roles to apply for 40 current job openings at the company with more on the way. MS NOW has been staffing up its news operation since separating from NBC News last year.
MS NOW changed its name from MSNBC in November. The network, along with other Comcast-owned cable channels, were spun off into Versant in January.
Weekends have long been a ratings weak spot for MS NOW, which while a distant second to Fox News, has seen audience growth in 2026 and remains ahead of CNN. The network has started to rely on podcasts such as “Pod Save America, from Crooked Media to fill some hours. The episodes have performed strongly enough for MS NOW to try similar deals with outside podcast producers.
“Throughout the summer, we will expand our taped strategy and announce new content partnerships,” Kutler said in her memo.
With the changes, MS NOW will still have 20 hours of live programming each weekend and will be staffed to handle breaking news.
Witt joined the network formerly known as MSNBC in 1999, long before it began its strong tilt toward progressive political commentary. Over the years, Witt’s weekend newscast became one of the few programs on the network that delivered straight news without opinion.
Kutler called Witt “a beloved longtime member of our MS NOW family” and “a continued, trusted, and steady presence for our audiences.”
While Witt works through the summer, Hylton will anchor the 11 a.m. weekday time period, which will eventually be handled by former NBC News White House correspondent Peter Alexander.
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