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Yesterday, March 16th 2016, the sentencing for Los Angeles Police Department (LAPD) officer Jonathan Hall was supposed to take place in Department 131 in downtown Los Angeles in Clara Shortridge Foltz Criminal Justice Center. However, it didn’t happen.

Jonathan Hall was convicted by a jury on November 13th 2015 of one felony count of workers’ compensation related fraud specific to perjury. The jury hung on three other counts of fraud and theft. But according to the clerk in Department 131, Jonathan Hall’s new attorney came in early (prior to the court room opening at 8:30 am) and was granted a continuance for Jonathan Hall’s sentencing. He succeeded in getting the sentencing continued until May 26th 2016.

The clerk in Department 131 described Steven Levine as Jonathan Hall’s “new attorney”. However, Levine is not exactly a new attorney. That statement is misleading. He worked with the trial defense attorney, Michael Sidley, up until the trial phase but then was not part of the trial. Levine and Sidley together filed the pre-trial 995 motions. Now Levine is back and is asking for time. He wants time to file a motion for a new trial. He states he has obtained new evidence to support his motion. Thus, he wants the time to write and file the sentencing memorandum plus the motion for a new trial.

On September 10, 2012, LAPD Officer Jonathan Hall requested a one year Leave Of Absence (LOA) so he could become a course director with the Professional Association of Diving Instructors (PADI). Hall had done diving for the LAPD earlier in his LAPD career. But a week later, on September 17, 2012, the LAPD advised Hall that his request for a LOA would most likely be denied.

Then on October 1, 2012, Hall reported an occupational injury to his back and right shoulder to Tristar Risk Management, the Third Party Administrator (TPA) for self-insured LAPD. The alleged injury had occurred nine months earlier. He was placed on “injured-on-duty” (“IOD”), temporary total disability (“TTD”) by a Dr. Stuart Gold with an anticipated return-to-work date (“RTW”) for two to three months.

On October 23, 2012, while on IOD, TTD status, Jonathan Hall applied for a Permit for Secondary Employment from LAPD so he could provide scuba diving instruction at Deep Blue Scuba And Swim Center (Deep Blue Scuba). The business is owned by Hall’s wife, Jacqueline Ferneau, and is located at 11 39th Place in Long Beach.

The work permit was denied by Captain III Thomas McDonald on December 4, 2012. He stated the reason being that Hall was on IOD, TTD status. By policy, LAPD does not issue work permits to those on IOD, TTD status. Hall was also personally contacted by his supervisor who admonished him that since he was unable to report for work at LAPD, he could not work elsewhere. Hall acknowledged that he was advised.

On December 4, 2012 at Deep Blue Scuba, Hall provided a written quote to an Undercover Officer (UC-56) for the personal services of instruction to become a certified scuba diver. On December 11, 2012, Hall accepted a $900 check from UC-56 for private scuba diving instructions. On January 9, 2013, Hall conducted the first private pool lesson with UC-56 and agreed to allow a “friend”, another undercover officer (UC-57), to video record the training session. On January 28th 2013, Hall conducted a second private pool lesson with UC-56 and the friend (UC-57) again video recorded the session.

On February 2, 2013, at 6:15 am, UC-56 and UC-57 boarded the dive boat, Sundiver Express, for a scheduled ocean dive off the coast of Catalina Island with Jonathan Hall. Also onboard were Investigating Officer Sergeant Dutton and another member of the LAPD SOD, WC4, both of whom are avid certified scuba divers. During the 11-hour 3-dive excursion, Hall provided instruction to UC-56 which included lifting and transporting heavy diving equipment along with carrying wet suits, scuba tanks, and other related gear. Hall completed all the tasks without complaint and without any expression of injury, inability, or pain. Several hours of video recording were done documenting Hall’s activities by both UC-57 and WC4.

On February 12, 2013, Hall was treated by Dr. Stuart Gold at an IOD doctor’s appointment. His status was continued: IOD, TTD. The next day, Hall provided dive instruction to UC-56 during a beach dive at Shaw’s Cove in Laguna Beach. Hall assisted UC-56 by carrying her scuba tanks to her car, helping her don her weighted vest, leading the group of divers down 63 stairs to the beach with his tank strapped to his back, and leading the divers back up the stairs at the completion of the dive.

Again, Hall showed no limitations during any of these activities along with no expressions of pain. UC-56 was certified as an open water diver on this day.

On July 30, 2013, as a result of an independent review by Tristar Risk Management, Hall was deposed by Deputy City Attorney Raquel Perez. In response to one of Perez’ inquiries, Hall stated that he simply makes the decisions and oversees the other workers at Deep Blue Scuba. When asked if he had certified any divers since October of 2012, he responded in the negative. When asked if he had been on any boats, he replied no. When asked if he conducts any active physical training, Hall explained that he does not run any “full classes”, which means that he does not engage in pool and ocean sessions. When asked once again if he had trained anyone in the ocean, Hall again replied, “No.”

On January 15, 2015, Dr. Stuart Gold testified in front of the Grand Jury that the reason he placed Hall off duty had nothing to do with his shoulder. Hall could have been working light duty. Gold testified that Hall had reported being under stress due to a significant issue with a supervisor at work, leading Gold to his opinion that Hall should not be working as a police officer in any capacity at that time. Gold further testified that he did not include any reference to stress in his medical reports because Hall did not want the records to reflect stress as the real reason he was being placed on TTD.

On January 20, 2015, Deputy City Attorney Raquel Perez testified in front of the Grand Jury that had she known that the true nature of Hall’s status of IOD/TTD was based on stress, not a shoulder injury, the City of Los Angeles would have sent Hall to a psychologist.

Henceforth, as previously stated in this article, the next court proceedings for Jonathan Hall's sentencing on his November 13th 2015 conviction, plus the arguments by his lawyer, Steven Levine, on a motion which will have been filed demanding a new trial will take place on May 26th 2016.

Update June 27th 2016: This article was first published March 17, 2016 stating: Jonathan Hall was convicted by a jury on November 13th 2015 of 4 felony counts of workers’ compensation related fraud. This original report occurred because the court records' case file was defective of updated information and was, therefore, misleading. However, a juror wrote to this writer and corrected the article information to one felony count for which the jury actually convicted Jonathan Hall. The jury hung on the fraud and theft counts. They convicted only on the one count of perjury based upon Hall's deposition.

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