Vandalism Case Against AIDS Activists Dismissed

Despite a six-month investigation that was described as rivaling the scope of many murder cases, the Los Angeles city attorney dismissed charges Tuesday against three AIDS activists. They were accused of vandalizing county buildings with graffiti to protest the level of county funding for AIDS medical costs and hospital facilities.

A spokesman for the city attorney said the vandalism charges were dropped for “insufficient evidence” after it was determined that three purported eye witnesses had supplied “inconclusive” identifications.

The city attorney’s move was hailed by the activists, who had labled the investigation by county sheriff’s deputies as harassment directed by Sheriff Sherman Block and the Board of Supervisors.

“The real criminals here are the county Board of Supervisors,” said Mark D. Rexroad, 34, one of the former defendants. The other former defendants are Wendell G. Jones, 58, and John Anthony Fall, 26.

The activists said they were followed, photographed and videotaped at demonstrations by undercover sheriff’s investigators.

Marilee Marshall, an attorney representing the three, said Sheriff’s Department investigators prepared a 165-page file on the case, which she said is twice the size of the average murder case.

Sgt. Lynda Edmunds, a spokeswoman for the Sheriff’s Department, said, “We got the case, we did the investigation and we presented the case.” The decision to prosecute, she said, was up to the city attorney or district attorney.

As for the extent of the investigation, Edmunds said, “I can’t say that every vandalism . . . case is handled the same.”

Edmunds said she could not confirm that the activists were photographed or videotaped.

The three had been accused of splattering red paint and red handprints and slogans reading “AIDS Unit Now” on the County Hall of Administration and the health service building. All three denied the charges and said they were far from the scene when the graffiti was painted. Jones said he was in Canada at the time.

All three are active members of ACT/UP, a militant AIDS group that has battled the supervisors and Block.

The supervisors have fought back. After the graffiti was painted, Supervisor Pete Schabarum called for $25,000 in cleanup costs to come out of county AIDS treatment funds.

On Tuesday, the activists said they will continue to fight with the county government for better health care for AIDS sufferers.

“This is not the end,” said Fall. “ACT/UP will be back again and again.”