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Blacknell Disclaims Being Personally Pictured in Photo
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An article appeared in the Nov. 12 edition of the MetNews bearing the headline, “Gascón’s Chief of Staff Says She Will Be Office ‘Villian’,” with the photo, above, accompanying the text. The article concerns a social media posting by Tiffiny Blacknell.
Her posting identifies the person appearing in the photo as “me,” giving rise to an inference, if not constituting an express representation, that it is she who is seen dressed to mock the appearance of “The Joker,” a villain (which she spells “villian”) in Batman movies. Nonetheless, she advises, through counsel, that the person depicted is actually someone else.
A letter with the heading, “LAW OFFICE OF J. BLACKNELL & ASSOICATES [sic],”and signed by Jovan Blacknell, advises:
“The picture included in your article is not Tiffiny Blacknell; it is a meme.”
So noted.
One Prosecutor’s Reaction
Asserting that the article is false and defamatory, Jovan Blacknell seeks a “retraction” as to information set forth in it concerning an email sent by Deputy District Attorney John Colello of the Major Narcotics Division to District Attorney George Gascón in response to the post by Tiffiny Blacknell with The Joker image and one later post the same day. The content of Costello’s communique was accurately reported.
In the email, the prosecutor said:
“I am reporting what I believe is a threat of violence in/to the DA workplace and/or DDAs/office employees by Chief of Staff Tiffiny Blacknell.”
Colello explained:
“Ms. Blacknell discusses her ‘villian [sic] era at work’ above the Joker character in what appears to be an office setting. It is important to note that the Joker murdered numerous people in the Batman movie and the definition of ‘villain’ includes characters ‘whose evil actions or motives are important to the plot’ and ‘one blamed for a particular evil or difficulty.’ ”
The deputy remarked:
“Given the fact that you just lost the DA election (and the Presidential election appeared to divide many in our country) and because emotions may be running high…, I am concerned for my safety and my colleagues’ safety in the DA workplace based on Ms. Blacknell’s postings.”
He went on to say that the postings “may rise to criminal threats or attempted criminal threats,” and wrote:
“I am therefore making a formal complaint of misconduct against Ms. Blacknell and ask that a formal investigation take place immediately.”
Protest Made
Jovan Blacknell maintained in his letter, sent by fax on Thursday (his wife’s 49th birthday):
“John Collelo is misrepresenting both the law and the facts surrounding the accusations of criminal threats. His assertions are not supported by any legal standards and reflect a misunderstanding of what constitutes a criminal threat.”
The METNEWS reported—but in no way embraced—Colello’s comment that the conduct in question “may” constitute a criminal threat or an attempt to communicate a criminal threat. It neither expressed, nor expresses, any view as to whether Blacknell’s postings could reasonably be construed as being of a criminal nature (or whether there is even any such crime as an attempt to commit a criminal threat).
If newspapers were obliged to conduct an independent investigation, through its lawyers, as to whether a legal contention that is publicly uttered is valid before reporting it, they would be effectively blocked from reporting any such contention by virtue of the time (and expense) any research would take—with a conclusion apt to come after newsworthiness has vanished—and the inevitable frequency of an advisement that the matter is debatable. Jovan Blacknell points to no authority requiring any such legal research as a requisite of reporting an allegation, and there plainly can be none; the liberty of the press to tell of accusations that are publicly aired is beyond dispute.
There is no retraction as to a faithful recitation of what Collelo said in his email to Gascón.
Further Demand
The article says:
“Within days after Gascón was elected [in 2020], Blacknell, who was on his transition team but was still a deputy public defender, reportedly tried to engineer a ‘sweetheart’ plea bargain for an accused murderer without contacting the deputy district attorney in charge of the prosecution, dealing instead with a special assistant to the new district attorney.”
Jovan Blacknell protested in his letter:
“The claim that Ms. Blacknell attempted to secure a plea deal without discussing it with the trial deputy is entirely false.”
It is, however, entirely true that such has been reported. The MetNews is unaware of any public pronouncements by Tiffiny Blacknell disputing the reports. It is aware of a Dec. 30, 2020 article in the Los Angeles Times saying that a comment was sought from Blacknell on the matter but there had been no response.
Another Times article says: “Neither the prosecutor assigned to the case nor his boss had any idea that an offer had been made.”
The transcript of a Dec. 15, 2020 hearing in the case of People v. Dominguez reflects an announcement by Deputy Public Defender Traci Blackburn of the supposed plea bargain—entailing a seven-year prison term for a man charged with murder and attempted murders with special circumstances. She related that the deal was worked out with Mario Trujillo, then an aide to Gascón (now in private practice).
Although the prosecutor in the case was Deputy District Attorney Jeffrey Herring, Blackburn said:
“Herring is not the attorney of record on this case, it was Mr. Trujillo. We had discussed disposition. I thought that’s what we were going to do today.”
Herring responded:
“It’s news to me that I’m not the attorney of record on this case.”
Blackburn said that Trujillo “at least was in contact with Ms. Blacknell prior to this date.”
None of this is a clear indication that Blacknell did not discuss the plea bargain with Herring. If she did, why did she not say so in December 2020?
Herring did not immediately respond on Friday to a request for comment.
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