July 06--Beset by allegations that informants were used to get potentially illegal confessions, Orange County Dist. Atty. Tony Rackauckas has created a committee of legal experts to review his office's use of so-called jailhouse snitches.
Rackauckas made the move amid mounting criticism related to the use of informants in the wake of the prosecution of Scott Dekraai, who killed eight people, including his ex-wife, in a 2011 Seal Beach mass shooting.
The district attorney's office turned to several veteran legal experts, including retired Orange County Superior Court Judge Jim Smith, former top L.A prosecutor Patrick Dixon, ex-Orange County Bar Assn. President Robert Gerard, legal ethics expert Blithe Leece and Loyola law professor Laurie Levenson.
"I think it's important to have an objective and expert external committee, that represents different points of view, to thoroughly review and analyze the issues regarding the use of in-custody informants so we can improve the program and avoid any future mistakes," Rackauckas said Monday in a statement. "I want the public, the bench, and the bar to know that our prosecutions of murderers and violent criminal street gang members are tough but fair."
The move comes after Todd Spitzer, chairman of the Orange County Board of Supervisors and a former prosecutor, called for more oversight of Rackauckas' office.
The controversial use of jailhouse informants in Orange County was revealed by Asst. Public Defender Scott Sanders during his defense of mass shooter Dekraai during the penalty phase of his trial on eight counts of first degree-murder.
The judge in the case removed the district attorney's office from the case citing the withholding of evidence related to the informant scheme. Labeling the prosecutor's office a "comedy of errors," the judge assigned the penalty phase of the case to the state attorney general's office.
Questions over how informants are used inside Orange County jails began when it was learned Dekraai came to occupy a jail cell next to a prolific jailhouse informant. Prosecutors and jailers said it was a coincidence, but Dekraai's attorney insisted it was part of a widespread operation to elicit incriminating remarks from defendants who were represented by lawyers, a violation of their rights.
The district attorney is already conducting its own investigation into the use of jailhouse informants.
On Oct. 12, 2011, Dekraai walked into the Salon Meritage and opened fire, killing his ex-wife, Michelle Fournier, 48, along with salon owner Randy Fannin, 62; Lucia Kondas, 65; Michele Fast, 47; Victoria Buzzo, 54; Laura Elody, 46; Christy Wilson, 47; and David Caouette, 64, who was shot as he sat in his car outside.
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