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Bay Area ReporterPalm Springs Police Chief David Dominguez says he won't be doing more sting operations using police decoys to curb public gay sex.
... The city has been stung by criticism following the police sting a little over a year ago that resulted in 19 men being charged for public exposure. The men had been urged by a police decoy to expose themselves in a dark parking lot of a gay resort in Warm Sands. If convicted, the men would be required to register as sex offenders for life in a registry that is visible by law enforcement only.
... In the course of the sting in June 2009, an officer who was observing the operation from a police vehicle could be heard referring to a potential suspect as a "cocksucker" as another officer laughed. Dominguez told the B.A.R. that he was embarrassed by the remark and has apologized for it on behalf of the department and the city. The chief said that the police internal affairs department is still investigating the slur, which he first learned about last month.
... Roger Tansey, a public defense attorney representing six of the men who were accused in the sting, is trying to get the cases thrown out of court on the grounds that the sting was discriminatory because Palm Springs never conducted a sting aimed at public heterosexual sex.
Last month, a judge ordered the Palm Springs Police Department to turn over to the defense two years of records related to complaints about public sex and enforcement of laws against public sex. Tansey said that those records show no complaints about public sex in Warm Sands and only two complaints about public sex involving gay men. Ten of the 12 complaints about public sex were for heterosexual sex, Tansey said. The attorney plans to use those figures to argue for dismissal of the cases in a hearing that will likely happen in September.
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