OC Sheriff, DOJ Reach Agreement For Jailhouse Informants

ORANGE COUNTY, CA — Days after reaching agreement with the Orange County District Attorney's Office, the U.S. Department of Justice Friday reached a similar accord with the county Sheriff's Department related to the use of jailhouse informants, ending an investigation that stemmed from a scandal related to the prosecution of Scott Dekraai, the worst mass killer in county history.

The two agreements mirror each other for the most part. The agreements come two years after a damning report analyzing abuses involving the use of informants by sheriff's investigators and prosecutors in the case against Dekraai for a 2011 massacre at a Seal Beach hair salon that left nine people dead.

Dekraai, who pleaded guilty to the mass killing, avoided the death penalty as a result of the misconduct and was sentenced to multiple terms of life in prison without the possibility of parole.

The Department of Justice began the investigation into the use of informants Dec. 15, 2016.

"We applaud the sheriff for his proactive efforts instituting key improvements to prevent the misuse of custodial informants at the Orange County Jails and to assist prosecutors in meeting their fundamental disclosure obligations while pursuing justice," Assistant Attorney General Kristen Clarke of the Justice Department's Civil Rights Division said in a statement.

"The robust and transparent validation measures in today's agreement will strengthen the public's trust in the Sheriff's Department and uphold the constitutional rights of criminal defendants in custody. The sheriff's cooperation and adoption of reforms have helped narrow the scope and expected duration of the out-of-court agreement and, together with a related agreement reached with the Orange County District Attorney, will provide for continuation of the necessary collaboration and information sharing."

The misconduct in the Dekraai case involved placing informants near the defendant to solicit incriminating statements even though he was represented by an attorney, which is illegal.

The agreement comes as a San Diego County Superior Court judge overseeing an evidentiary hearing alleging misconduct in a Sunset Beach murder from 1988 is expected to soon rule whether the case will be thrown out or sanctions will be placed on prosecutors.

The case against Paul Gentile Smith in the 1988 killing of 29-year-old Robert Haugen was reassigned to San Diego County Superior Court Judge Daniel B. Goldstein because the claims of governmental misconduct involve Orange County Superior Court Judge Ebrahim Baytieh, who prosecuted Smith.

The reforms in the settlement agreement involve more training of investigators and prosecutors regarding the use of informants as well as generating an easier-to-use database of evidence for defense attorneys to search for relevant information.

The sheriff's agreement focuses on changes in the way it documents, stores and hands over evidence to attorneys. A common complaint among defense attorneys is having to delve through a mountain of evidence that is difficult to sift through. The disorganized flow of evidence became a central theme in the Smith evidentiary hearing, with Goldstein expressing surprise at how dysfunctional it had become.

Orange County Sheriff Don Barnes, who signed the agreement Wednesday, said after the 2022 report from federal prosecutors his department alerted them to its reform policies.

"Since 2016, we have worked diligently to implement comprehensive reforms regarding custodial informants," Barnes said in a statement. "This agreement provides a framework for the DOJ to validate those efforts and establish our policies and practices to be among the best in the nation."
The sheriff said the investigation will officially be done in six months when federal authorities validate how the department carries out the requirements.

"We took the initiative to immediately begin setting up systems to uphold inmates' constitutional rights while ensuring effective investigations inside a correctional facility," he said. "The Orange County Sheriff's Department's steadfast dedication to address constitutional issues in the jails before an agreement with the DOJ fosters trust, accountability and integrity in our criminal justice system."

Mary Izadi, Orange County Sheriff's Department's Constitutional Policing Adviser, said, "It is encouraging to receive unprecedented DOJ recognition for the landmark improvements and reforms OC Sheriff has established. The agreement does not require any changes or enhancements to our existing internal processes. We anticipate the validation by DOJ to conclude by midyear."

Barnes added, "Our extensive safeguards go above and beyond constitutional requirements and even exceed those found in the Federal Bureau of Prisons."

Dekraai's attorney, Scott Sanders of the Orange County Public Defender's Office, who was instrumental in uncovering the abuses, said the agreements have "some importance moving forward."

But, Sanders added, "defendants sitting in a prison cell will not understand how this moves the needle. And the truth is that those who had their constitutional right destroyed because of a win-at-all costs attitude don't care about agreements. They want to know when there will be a funded effort that re-examines and re-litigates the many cases that have still not yet been reviewed.

Considering this is the largest informant scandal in U.S. history and it is now in its 11th year, there is still not nearly enough being done to provide justice."