4. Enforcement Agency Testimony

The Los Angeles Police Department accuses Western Referral of engaging in commercial prostitution and other violations of the Los Angeles Municipal Code in the operation of its business.

Lee Jett III, a Los Angeles Police Department detective, testified that he is assigned to the Organized Crime and Vice Division, prostitution section. He stated that the prostitution section's primary function is the investigation of pimping and pandering cases and escort services as they relate to prostitution. He explained that during the 10 years of his assignment to this section he has participated in hundreds of prostitution investigations.

With regard to VIP Escorts (Western Referral's dba), Detective Jett stated in the latter part of June 2000, on two occasions, undercover officers rented a hotel room, called up the escort service, and requested that a woman be sent to the hotel room. On the first occasion, a woman arrived at the hotel room. She stated that her base fee was $200 and for an additional $300 tip she would do "everything" except sodomy. She was arrested for violating section 647(B) of the California Penal Code.

On the second occasion, another woman performed a massage in violation of Section 103.205 of the Los Angeles Municipal Code, and was arrested. The woman arrived at the hotel room and the officer paid $210 for the base fee. The officer stated that the woman then indicated that for an additional $300 tip the officer would be "very happy." The woman then performed a massage on the officer. When the officer sought greater specificity as to the additional services the woman would perform for the tip, she demanded proof of the officer's alleged occupation as a certified appraiser. The officer concluded that the woman was playing a "word game" to avoid an arrest, and summoned nearby officers, who determined she lacked a massage permit, and arrested her.

Based on the two arrests, Detective Jett prepared an affidavit that stated that telephone number (800) 477-2454 was being used to accomplish commercial prostitution in the City and County of Los Angeles, and that such activity would continue absent disconnection of the telephone number. Detective Jett presented this affidavit to Superior Court Judge Maral Injejikian, who signed the disconnection order.

Detective Supervisor Keith R. Haight also testified for the Los Angeles Police Department. He stated that he has served in a supervisory capacity in the vice section for 13 years and that he has been involved in a couple thousand prostitution arrests. He testified on the department's policy toward telephone suspension orders, and stated that he has been personally involved in obtaining such orders in 12 cases. Detective Haight explained that when officers reach the conclusion that a telephone number is being used for prostitution, they prepare an affidavit, along with supporting documentation, and present it to the court. The court then determines whether or not to issue an order suspending service. He stated that typically between two and five arrests for prostitution are used to support the affidavit.