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Category Archives: Todd Spitzer

O.C. CHP officer charged with using confidential police records to help a friend

Posted on by Posted in CHP, Crime, Santa Ana, Todd Spitzer, Westminster 1 Comment

SANTA ANA, Calif. – A California Highway Patrol officer has been charged with using a department computer to illegally access a confidential law enforcement database to provide vehicle information to a friend who owned a car registration service.

Todd Steaffens, 43, has been charged with three misdemeanor counts of computer access and fraud and three misdemeanor counts of disclosing Department of Motor Vehicle information without authorization.

He faces a maximum sentence of three years in the Orange County Jail if convicted on all charges.

Steaffens has worked for the California Highway Patrol since 2007.

Between February 2020 and July 2020, Steaffens is accused of using a CHP computer at the Westminster office to unlawfully access the California Law Enforcement Telecommunications System (CLETS), which provides law enforcement access to national databases maintained by the Federal Bureau of Investigation, the Department of Motor Vehicles, and others. Any information obtained from the system can be used for official use only.

Between February 2020 and July 2020, Steaffens is accused of accessing CLETS after receiving text messages from a friend who owns Pacific Automotive Services in Los Angeles asking the officer to run the vehicle identification numbers of different vehicles he was interested in buying. Steaffens is accused of providing that information to the owner of Pacific Automotive Services.

“This conduct of misuse of an official confidential law enforcement database to run a friend’s prospective car purchase has to be about the dumbest thing an officer can do to jeopardize his career and criminal record ,” said Orange County District Attorney Todd Spitzer. “Even minor transgressions such as these must be prosecuted because they are unlawful and still rises to the level of abuse of power.”

Steaffens is scheduled to be arraigned on April 21, 2021 at the Central Justice Center in Department C54.

Deputy District Attorney Dustin Chupurdy of Special Prosecutions is prosecuting this case.

The O.C.D.A. is ready to prosecute a violent sexual predator if the L.A.D.A. drops the charges

Posted on by Posted in Anaheim, Cochino Alert, Crime, Los Angeles County, OCDA, Todd Spitzer Leave a comment

SANTA ANA, Calif. – Orange County District Attorney Todd Spitzer has filed special circumstance murder charges against a sexually violent predator for kidnapping a 6-year-old boy from his Anaheim Hills neighborhood, sexually assaulting him and then killing him in 1981. The same defendant is facing charges for kidnapping, sexually assaulting, and killing a second 6-year-old boy five years later.

Kenneth Kasten Rasmuson, 53, of Sandpoint, Idaho, has been charged in the death of the 6-year-old Jeffrey Doe by the Los Angeles District Attorney’s Office, but newly implemented directives by Los Angeles District Attorney George Gascon have forced Los Angeles prosecutors to move to dismiss the special circumstances and enhancements in the multiple murder prosecution.

Rasmuson has been charged by the Orange County District Attorney’s Office with one felony count of murder, one felony enhancement of special circumstances of murder during the commission of a kidnapping, and one felony enhancement of the special circumstances of murder during a lewd or lascivious act on a child under the age of 14. These charges make Rasmuson eligible for the death penalty.

Orange County District Attorney Todd Spitzer also filed an amicus brief in Los Angeles County Superior Court opposing the Los Angeles District Attorney’s motion to dismiss the special circumstances and enhancement in its multiple murder prosecution of Rasmuson.

On July 2, 1981, 6-year-old Jeffrey David Vargo was riding his bike near his Anaheim Hills home when Rasmuson is accused of kidnapping the boy. Jeffrey Doe’s body was found the next day in Pomona, but it would be 34 years before a suspect would be arrested.

“Jeffrey’s family will have justice,” said Orange County District Attorney Todd Spitzer. “I refuse to allow the LADA’s ‘one-size fits all approach’ to prevent the family of a 6-year-old murdered child from achieving the justice that they deserve. His crimes are the stuff of parent’s nightmares and I will do everything in my power to ensure that this pedophile is held accountable for his crimes and is off the streets for the rest of his life. We will not take any chance of having this sexually violent predator come in contact with one more child. If George Gascon refuses to follow the law in prosecuting a pedophile murderer, I will.”

For this reason, Orange County District Attorney Todd Spitzer filed the special circumstances murder charge relating to 6-year-old Jeffrey Doe in Orange County. He stands ready and able to achieve true justice for Jeffrey Doe and his family if Los Angeles County District Attorney George Gascon refuses to do so.

The fact that Jeffrey Doe was kidnapped from Anaheim Hills provides jurisdiction in Orange County to file charges against Rasmuson in connection with the death of Jeffrey Doe.

Rasmuson has previously served two separate prison terms for molesting an 11-year-old boy he lured into seclusion before sodomizing him and abducting a three-year-old boy from the boy’s front yard in Los Angeles before later sodomizing him and leaving him wandering naked on a street the next day.

Rasmuson kidnapped and sexually assaulted the 11-year-old boy in Santa Barbara County just two months after he is accused of kidnapping, sexually assaulting, and killing 6-year-old Jeffrey Doe who was riding his bike in Anaheim Hills. He had asked the 11-year-old for help finding his handicapped dog.

Rasmuson was convicted of the sexual assault and sentenced to prison. He was designated a mentally disordered offender and was sent to Liberty ConRep in 1985 to receive treatment for his sexual disorder.

While under this supervision, Rasmuson is accused of kidnapping, sexually assaulting, and murdering 6-year-old Miguel Doe in Agoura Hills in Los Angeles County in 1985. The Los Angeles County District Attorney has filed murder charges against Rasmuson in connection with 6-year-old Miguel Doe and 6-year-old Jeffrey Doe of Anaheim Hills.

A year after the murder of 6-year-old Miguel Doe, Rasmuson abducted a 3-year-old boy from his front yard. The boy was found the next day, naked and wandering on the street alone. 

Rasmuson was sentenced to 17 years in state prison for kidnapping the 3-year-old boy, but the murders of 6-year-old Jeffrey Doe and 6-year-old Miguel Doe remained unsolved.

After serving his prison sentence, he was designated a sexually violent predator and was committed to Atascadero State Hospital to receive treatment. He was released from Atascadero in 2007.

Rasmuson was arrested on suspicion of murder in Sandpoint, Idaho on March 27, 2015 after DNA collected from 6-year-old Jeffrey Doe’s shirt connected him to the murder. Los Angeles County prosecutors also filed murder charges against Rasmuson in connection with the death of 6-year-old Miguel Doe of Agoura Hills.

Orange County District Attorney Special Prosecutor Pat Dixon is prosecuting this case. District Attorney Spitzer will appear with his team at the Pomona Courthouse on Monday, February 22, 2021 to argue against the dismissal of the special circumstances and enhancements in Los Angeles County’s prosecution of Rasmuson.

The OCDA calls for an end to systemic racism in criminal justice and ending mass incarceration

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SANTA ANA, Calif. – Orange County District Attorney Todd Spitzer today released a series of guiding principles for the Orange County District Attorney’s Office regarding the role of the prosecutor in our society.

In releasing these policy positions and initiatives, District Attorney Spitzer is calling on all elected California district attorneys to have a conversation about how prosecutors can address systemic racism in the criminal justice system and end mass incarceration.

“We as a society have engaged in systemic mass incarceration. As a prosecutor, I will stop it. We as a society have prosecuted people of color differently. As a prosecutor, I will stop it,” said Orange County District Attorney Todd Spitzer. “We cannot fix a systematic problem without a systematic approach. That approach must be thoughtful, thorough, and include different perspectives, different experiences, and different ideas. Justice is not evidenced by the longest sentence; justice is what is best for the individual, the victim, and society as a whole.”

District Attorney Spitzer’s policy positions and initiatives include:

  • End mass incarceration
  • Establish a Conviction Integrity Unit
  • Establish Recidivism Reduction Units that address an individual’s chances for success
  • Support mental health diversion when practical to address underlying issues with programming
  • Support dual 911 dispatch with mental health response and training to 911 calls seeking psychiatric assistance
  • Support policies that prevent law enforcement agencies from investigating their own officer-involved shootings
  • Ban the use of carotid holds by law enforcement within the Orange County District Attorney’s Bureau of Investigation and support the ban of carotid holds across all District Attorney Investigation Bureaus
  • Response to “Defund the Police” is to require local jurisdictions to support and advocate for sufficient community resources that support the above principles and initiatives that reduce recidivism and provide equal opportunities for all.

From Orange County District Attorney Todd Spitzer’s The Role of a Prosecutor:

“Seeking justice means we must constantly ask ourselves whether the system in which we hold so much power is working in a fair way for all people, from all backgrounds, experiences and beliefs, and who may or may not be citizens of this country. Where the system fails to be fair, we fail to be fair unless we improve the system. And where we have failed, we must acknowledge those failures as important steps in improving our own work, and the system of justice in which we do that work.”

District Attorney Spitzer’s The Role of a Prosecutor and the Role of the Orange County District Attorney in our Society: Policy Positions and Promotion of Initiatives can be found on www.orangecountyda.org.

The OCDA is prosecuting several O.C. suspects who filed fake COVID-19 related unemployment claims

Posted on by Posted in Crime, Disease, Fraud, OCDA, Santa Ana, Todd Spitzer Leave a comment

SANTA ANA, Calif. – Orange County District Attorney Todd Spitzer was joined by Assemblywoman Cottie Petrie-Norris at a press conference this morning to announce the prosecution of two business owners who opened up a Garden Grove storefront with the sole purpose of filing false unemployment claims with the state of California for people who did not qualify in order to steal taxpayer dollars intended to help those out of work due to the COVID-19 pandemic.

Nearly $500,000 in cash and bank accounts was recovered during the District Attorney’s investigation in conjunction with the fraudulent activity being carried out by that business.

District Attorney Spitzer also announced the prosecution of eight more people, including six state prisoners, involved in two other unemployment schemes to also defraud California taxpayers of tens of thousands of dollars. Among those charged with filing false unemployment claims are two convicted murders who claimed the COVID-19 pandemic had impacted their ability to work when in reality it was the fact that they are serving sentences up to life in prison that prevented them from being gainfully employed.

The ten individuals were part of three separate and unrelated complex schemes to steal taxpayer dollars intended to help those Californians hit hardest by the COVID-19 pandemic and are struggling to put food on the table and pay for basic necessities after losing their jobs or seeing the business dramatically reduced.

At an Assembly Budget Committee subcommittee hearing Tuesday Assembly Accountability & Administrative Review Chairwoman Petrie-Norris will question the director of California’s Employment Development Department, which administers the state’s unemployment benefits, and directors from Bank of America, which has been contracted since 2010 to electronically pay out unemployment benefits, regarding the failures of the state’s unemployment system that led to rampant fraud.

“I am beyond disturbed that while we are grappling with a worldwide pandemic that has killed millions of people, forced unemployment rates to levels not seen since the 1930s, and left families across America struggling to put feed their children and themselves that opportunists and profiteers are taking advantage of California’s unemployment system to steal money that is meant to help hardworking Californians survive these stressful times,” said Orange County District Attorney Todd Spitzer. “This is not an Orange County problem. This is a statewide problem that has cost California taxpayers nearly $10 billion dollars in fake unemployment claims. Money that should have gone to out-of-work hairstylists, waiters, and other out-of-work Californians instead ended up in the pockets of cold-blooded murderers and businessmen who saw an opportunity to make a quick buck and took it – at the expense of taxpayers. These investigations are not the end; they merely scratch the surface of the depth of unemployment fraud in the state of California. All my fraud investigative resources have been dedicated to EDD fraud over the last few months, leaving no resources for our regular fraud cases. It is simply not sustainable – and it is not fair to the victims of fraud in Orange County and it is not fair to the taxpayers of the state of California.”

“Thank you to District Attorney Spitzer and his team for their determination and dedication to bring EDD fraudsters to justice and recover stolen taxpayer dollars. These latest Orange County EDD fraud cases are incredible, and we know this is just the tip of the iceberg. Fraudsters and criminals have stolen billions of dollars from California taxpayers. This is massive, organized fraud. And the State needs to mount a massive, organized response – this will require a dedicated effort, clear ownership and adequate funding,” commented Assemblywoman Cottie Petrie-Norris. “As Chair of the Assembly’s Accountability and Administrative Review Committee, I am conducting oversight hearings now to understand and rectify the failures of the state’s unemployment system that led to this rampant fraud. And I am committed to bringing all stakeholders to the table – including the Attorney General’s office, local District Attorneys, the Governor’s office and my fellow legislators – in order to beef up statewide EDD fraud prosecutions, appropriately resource these investigations and successfully bring these criminals to justice.”  

The Orange County District Attorney’s Office launched an investigation In November 2020 in conjunction with California’s Employment Development Department (EDD) after receiving a tip that a Garden Grove business was advertising to help individuals apply for the Pandemic Unemployment Assistance program, which provides financial assistance to workers who don’t normally qualify for unemployment, including independent contractors, gig workers and the self-employed.

More than 1,000 fraudulent EDD applications are believed to have been filed by Nguyen Social Services, LLC on behalf of individuals who did not qualify for the benefits, including a 99-year-old woman whose application claimed she lost work as a housekeeper due to COVID-19. The woman did not work as a housekeeper and had not worked for several decades.

The EDD has paid out $113 billion in unemployment benefits over the 10 months of the COVID-19 pandemic, including $43 billion as part of the expedited — and less protected — Pandemic Unemployment Assistance program.

The state contractor hired to identify fraud in EDD claims has reported that at least 10% of unemployment claims may have been fraudulent before restrictions were put in place in October. A 10% fraud rate could total $9.8 billion in fraudulent EDD payments made from March through September.

Summaries of the three Orange County cases announced by District Attorney Spitzer today:

People v. Huy Duc Nguyen and Mai Dac Som Nguyen

Huy Duc Nguyen, 32 of Garden Grove, and Mai Dacsom Nguyen, 40, of Garden Grove, are accused of forming Nguyen Social Services for the sole purpose of filing false unemployment claims with California’s Employment Development Department for people who did not qualify.

Nguyen and Nguyen are accused of blatantly advertising the scheme in Vietnamese to bring people into the business in order to file false claims on their behalf. After they filed the applications on behalf of people who did not qualify, they would collect a kickback fee between $200 and $700.

On December 17, 2020, Orange County District Attorney investigators in conjunction with an investigator from EDD served a search warrant on Nguyen Social Services, LLC located at 9840 Garden Grove Blvd. in Garden Grove and multiple other locations related to the business, including a Garden Grove trailer.

Investigators seized more than $300,000 in cash during the search. Investigators also froze bank accounts tied to the business. In total, investigators seized approximately $490,000 they believe is related to EDD fraud being committed by Nguyen Social Services, LLC.

Nguyen and Nguyen were arrested on December 17, 2021.

Mai Nguyen has been charged with four felony counts of perjury, four felony counts of false statement, and one felony count of conspiracy to defraud another of property. Huy Nguyen has been charged with one felony count of perjury, one felony count of false statement, and one felony count of conspiracy to defraud another of property.

They are scheduled to be arraigned on March 19, 2021. Additional charges may be filed as investigators continue interviewing witnesses and reviewing bank records.

Mai Nguyen faces a maximum sentence of 7 years, 8 months in state prison if convicted on all charges. Huy Nguyen faces a maximum sentence of 4 years, 8 months in state prison if convicted on all charges.

People v. Sandra Pineda, Hector Jimenez, Ryan Vargas, Leonel Hernandez, and Greg Garcia

An Anaheim tax preparer has been charged with conspiring with four state prisoners, including two convicted murderers, to file false unemployment applications with EDD.

The Orange County District Attorney’s Investigation, in conjunction with the California Department of Corrections and Rehabilitation revealed Sandra Pineda, 35, of Anaheim, filed an unemployment claim for a state prisoner sentenced to 50 years to life for murder. Sandra Pineda claimed in the application that Leonel Hernandez, 30, had worked 40 hours a week in the last 18 months and had an income of $45,263 and was forced to stop working because COVID-19 has severely limited his ability to perform his “customary work activities.”

Hernandez has been incarcerated in Kern Valley State Prison since February 24, 2010.

Pineda has also been accused of conspiring to file false unemployment applications with three other state prisoners, including:

  • Greg Garcia, 29, who is incarcerated at the Substance Abuse Treatment Facility and State Prison, Corcoran.
  • Ryan Vargas, 36, third striker serving a 64 year sentence at Kern Valley State Prison for assault with a firearm
  • Hector Jimenez, 31, third striker serving a 23 year, 4 months in Solano State Prison for first degree burglary

The state prisoners are accused of providing their personal identifying information to Pineda for her to file the false unemployment claims with EDD. Pineda is accused of using the fraudulently obtained EDD debit cards to withdraw money. The suspects were able to obtain this money due to a lack of checks and balances within the EDD system and lack of cross-check with CDCR incarcerated persons who would have been ineligible to receive benefits.

Assemblywoman Petrie-Norris introduced Assembly Bill 110 last month that would require EDD to access incarceration records for the purpose of cross-checking benefit applications. The bill was co-authored by Assemblymembers David Chiu and Adrin Nazarian, and Senator Ben Allen.

Pineda was arrested by Orange County District Attorney investigators on January 14, 2021. She has been charged with five felony counts of perjury, five felony counts of making a false statement, and one felony count of conspiracy to defraud another of property. She faces a maximum sentence of 8 years and 8 months in state prison if convicted on all charges.

Pineda was released on $0 bail as a result of Covid-19 bail rules and is scheduled to be arraigned April 14, 2021.

Garcia, Hernandez, Vargas, and Jimenez have all been charged with one felony count of filing a false statement and one felony count of conspiracy to commit theft by false pretenses.

Jimenez, Vargas, and Hernandez all face a maximum sentence of 7 years and 8 months in state prison if convicted on all charges. Garcia faces a maximum sentence of 3 years and 8 months if convicted on all charges.

People v. Rosalva Bahena, Bruno Galindo, and Guillermo Rodriguez

Rosalva Bahena, 35, of Irvine, is accused of conspiring with her brother, Bruno Galindo, who is currently serving 44 years to life in High Desert State Prison for attempted murder and gang charges, and Guillermo Rodriguez, also a state prisoner,  to defraud the EDD out of at least approximately $50,000. Rodriguez is a third striker who is serving a 110 years to life sentence at High Desert State Prison for strangling his female neighbor to death in Fullerton.

Bahena is currently on parole after serving time in state prison for carjacking.

Bahena, Galindo and Rodriguez are accused of filing fraudulent applications using CDCR inmate information which were processed without issue through the EDD. Bahena is accused of then using the fraudulently obtained EDD debit cards to withdraw thousands of dollars a week.

Bahena, who was operating out of Orange County motels, was arrested by Orange County District Attorney investigators on January 14, 2021.

Bahena has been charged with three felony counts of perjury, three felony counts of filing a false statement, three felony counts of money laundering derived from criminal activity, and one felony count of conspiracy to commit theft by false pretenses.

She is currently being held on $125,000 bail at the Orange County Women’s Jail.

She has pled not guilty and is scheduled to appear in court on February 2, 2021. Bahena faces a maximum sentence of 17 years, 4 months in state prison if convicted on all charges.

Galindo is accused of providing personal identifying information of other prisoners to his sister for her to file false unemployment claims.

He has been charged with three felony counts of filing a false statement, three felony counts of money laundering derived from a criminal activity, and one felony count of conspiracy to commit theft by false pretenses. He faces a maximum sentence of 14 years in state prison if convicted on all charges.

Rodriguez has been charged with one felony count of filing a false statement and one felony count of conspiracy to commit theft by false pretenses. He faces a maximum sentence of 7 years, 4 months in state prison if convicted on all charges.

The OCDA reduced or dismissed charges in 67 cases due to OC Sheriff’s Department shenanigans

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SANTA ANA, Calif. – The Orange County District Attorney’s Office has completed its review of the Sheriff’s Evidence Booking Audit.

In mid-November 2019, District Attorney Todd Spitzer became aware of the extent of evidence booking issues within the Orange County Sheriff’s Department (OCSD) and the existence of department-wide internal audits. District Attorney Spitzer had not been made aware of the extent of these audits previously and only became aware of the matter on November 15, 2019 when he was informed about it from a local newspaper reporter. Although OCSD believes the OCDA should have known, the OCDA questions why the Sheriff’s Department made it so difficult to understand the extent of the issues with evidence booking.

Upon learning of the full extent of the audits, District Attorney Spitzer immediately requested additional information from the Sheriff’s Department about potentially impacted criminal cases to ensure that the District Attorney’s Office was able to “identify any and all cases handled by the OCDA where a defendant’s due process rights may have been negatively impacted by having evidence collected but not booked.”

District Attorney Spitzer also directed two senior prosecutors to oversee the office’s response. Because of the deficiencies in the Sheriff’s audit, District Attorney Spitzer ordered a hand-search of all cases resulting in a conviction over a three-year period – from March 2015 to March 2018 – to determine if there were cases where evidence was collected but not booked.

  • A total of 22,289 cases were reviewed by a joint team of OCSD and DA investigators
  • 3,639 notifications made to defense attorneys in potentially impacted cases (both active and closed cases)
  • Charges were reduced or dismissed in 67 cases
  • Two former OCSD deputies have been convicted of a misdemeanor and a third former deputy is awaiting trial on a felony charge of filing a false police report
  • All DNA profiles related to potentially impacted cases identified in the Sheriff’s Department evidence booking audit will be expunged from the OCDA DNA database

The OCDA reports on the Sheriff’s Department Evidence Booking Issues can be found here.

The OCDA is assisting efforts to hold Trump rioters accountable for the siege on the U.S. Capitol

Posted on by Posted in Crime, Donald Trump, OCDA, Orange County, Politics, Santa Ana, Todd Spitzer 1 Comment

SANTA ANA, Calif. – Orange County District Attorney Todd Spitzer issued the following statement to condemn the violence at the U.S. Capitol building and discuss the actions the Orange County District Attorney’s Office is taking to hold those responsible accountable:

The violence and destruction carried out at the U.S. Capitol building demonstrated a sickening disregard for our American democracy and the rule of law. We will not allow the protections guaranteed by the First Amendment to be distorted in a misguided attempt to shield extremists and domestic terrorists who are hell-bent on inciting violence and destroying the ideals that make up the fabric of our American democracy.

We have been working since day one with our federal, state, and local partners as well as the Orange County Intelligence Assessment Center to aggressively pursue those involved in criminal activity related to the events at the U.S. Capitol building on January 6, 2021.

Members of the public can help by providing tips, information, and videos of illegal activity to fbi.gov/USCapitol

The American people can rest assured that we will find those responsible and hold them accountable.

There is nothing more sacred to the American people than the sanctity of an election. That ballot and that vote represents the individual desire of the direction that voter wishes this Country to go.

No vote – and no voter – carries more weight than another. We are all equal. That is the very beauty of America – and the ideals we hold so dear.

What we saw unfold in one of the most sacred buildings on one of the most sacred days betrayed that beauty. What we saw was ugly.

A Capitol police officer dragged and beaten to death by a mob of rioters. The Confederate flag being paraded past portraits of presidents who committed themselves to eradicating the Confederacy. Legislators elected to represent their residents hiding behind chairs and desks with nowhere to go while rioters in tactical gear armed with zip ties stalked the rows looking for their prey.

One of Orange County’s own representatives – Sen. Lou Correa – surrounded by an angry mob of people at the Dulles International Airport outside Washington, D.C. as he tried to catch a flight back to the district he represents. The people he was elected to represent.

This is not America. This is not who we are or what we stand for.

The way we stand up is by holding those responsible for these atrocities accountable.

Justice will be served.

The OCDA says the OC Public Defender is lying about the Sheriff evidence booking fiasco

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SANTA ANA, Calif. – The Orange County District Attorney’s Office issued the following statement correcting false allegations by the Orange County Public Defender’s Office that the District Attorney has failed to oversee the Sheriff’s Department in connection with Sheriff evidence booking issues. The Sheriff’s Department has been fully cooperative with the District Attorney’s demands. The Public Defender is either failing to understand the process adopted by the District Attorney or is intentionally ignoring the facts.

These are the facts:

After being made aware of significant deficiencies in the Sheriff’s Department’s first two audits in November 2019, District Attorney Spitzer demanded that the Sheriff’s Department expand the audit to the three years in order to ensure defendants’ due process rights are protected.
District Attorney Spitzer assigned a team of District Attorney Investigators to oversee the hand search case-by-case review of more than 22,000 Sheriff’s Department cases which resulted in a conviction, in which evidence was booked more than 31 days late, and there was no justifiable reason why the evidence was booked late. The hand search of these cases was done to identify discrepancies between what was written in police reports by Sheriff’s personnel and the evidence booked.

Of the more than 22,000 hand searched cases, the District Attorney’s Office has proactively dismissed 65 cases after the expanded audit revealed the evidence had not been properly booked – and those dismissals were made on the District Attorney’s own motion.

The percentage of cases that had some or all charges dismissed in the interest of justice as a result of evidence that was not properly booked is 0.27%.

While even one case with material evidence booking deficiencies is one too many, the Orange County District Attorney’s comprehensive review of the matter has determined that only a relatively small number of cases – approximately one-quarter of one percent of all the cases reviewed – were actually negatively impacted by OCSD evidence booking issues.

Out of an abundance of caution, the District Attorney’s Office provide notice to the defense on all potentially impacted cases. More than 3,600 letters were sent to defense attorneys and defendants by the District Attorney’s Office notifying them of potential issues with evidence issues. To date, just a handful of requests were made by defense attorneys to dismiss charges, and of those requests, a thorough review of the facts revealed that only one case merited dismissal.

Two deputies have been convicted and a third has been indicted by an Orange County Grand Jury for crimes related to evidence booking issues.
Sixteen deputies have been added to the District Attorney’s Brady Notification System in connection with booking evidence late or not at all as a result of criminal referrals by the Sheriff’s Department. The Orange County District Attorney’s Brady process goes far beyond what the law requires. The decision to add a law enforcement officers to the Brady Notification System rests solely with the Orange County District Attorney’s Office.

As a direct result of the District Attorney demanding the audit be expanded, an additional 15 deputies have or will be referred to the District Attorney’s Office for Brady review and potential criminal filings and the OCDA Conviction Integrity Unit has also referred an additional nine deputies for Brady review in connection with evidence booking.

The Orange County District Attorney’s Office was made aware in January 2020 that Orange County Sheriff’s Deputy Michael Devitt was the subject of a Sheriff’s Department internal investigation. To date, the Orange County District Attorney’s Office has not received a criminal referral regarding Devitt.

The District Attorney’s Office initiated a Brady review of the deputy immediately upon learning of the open internal investigation on Devitt, but that review cannot be completed until the Sheriff’s Department finishes its internal criminal review and provides those findings to us.
Since that time we have made proper notification to the defense that there may be evidence booking issues related to Devitt as well as other deputies involved in People v. Sayem and provided discovery as required by law. Out of an abundance of caution, we have provided that same notification when any of the 602 deputies mentioned in the Sheriff’s Department audit are named as a potential witness in a case.

The inclusion of a deputy’s name in the Sheriff’s Department evidence booking audit does not equate to criminal behavior or even that they booked evidence outside of Sheriff’s Department policy. In fact, the hand search of the more than 22,000 cases revealed that the initial Sheriff’s audit which was based on a computer search of records, misinterpreted many legitimate situations to infer evidence was booked late when in fact it was not. For example, surveillance video was not available for several days or weeks after the date of the crime. The system recorded the days between the date of the crime and the date the video was received and booked, making it appear it was booked late when in fact it was not available for legitimate reasons.

In addition to dismissing charges and prosecuting deputies for committing crimes related to evidence booking, the District Attorney’s Office on its own motion is also removing any DNA samples from its database in connection with any cases in which DNA was submitted as a result of a conviction based on evidence that was not properly booked.

The Orange County District Attorney’s Office will always continue to review cases and provide notice to the defense when appropriate to ensure that defendants’ due process rights are protected.

A new report concludes the previous OCDA’s prosecutors exhibited misconduct and malpractice on a mass murder case

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SANTA ANA, Calif. – Prosecutors handling the case against Orange County’s deadliest mass murderer exhibited prosecutorial misconduct in the performance of their duties and there is clear and convincing evidence that they also committed malpractice due to intentional negligence, according to an internal Orange County District Attorney investigation released to the public today. The two Dekraai prosecutors left the District Attorney’s Office prior to the completion of the investigation.

On October 12, 2011, Scott Dekraai, a 41-year-old former tugboat operator put on body armor, armed himself with several guns, and walked into a Seal Beach hair salon and executed his ex-wife and seven others in what would become Orange County’s deadliest mass shooting. A ninth victim survived the massacre. Dekraai was arrested just minutes after the shooting and booked into the Orange County Jail.

As a result of the serious failings of by the Dekraai prosecution team under the prior District Attorney administration, an Orange County Superior Court judge recused the entire Orange County District Attorney’s Office from prosecuting the case. Instead of being sentenced to death, Dekraai was sentenced to life without the possibility of parole.

The report, “Special Report to the District Attorney of Orange County: Prosecutors’ Role in the Dekraai Informant Controversy,” is the result of a 15-month internal investigation directed by Orange County District Attorney Todd Spitzer in April 2019 to determine the Orange County District Attorney’s Office’s culpability in the “Jailhouse Informant Scandal.” In essence to find out what happened, who was responsible, and how to prevent these failures from happening in the future.

Patrick Dixon, Special Counsel to District Attorney Spitzer and a 37-year prosecutor with the Los Angeles District Attorney’s Office, and Steve Danley, the former Chief Human Resources Officer and Performance Auditor for the County of Orange County, authored the report and presented its findings to District Attorney Spitzer.

Dixon and Danley conducted a comprehensive administrative investigation into the prosecution of People v. Dekraai. They reviewed thousands of pages of interviews, case files and transcripts, including transcripts of interviews OCDA prosecutors gave to the U.S. Department of Justice and the California Attorney General, and interviewed current and former OCDA personnel.

The report found the prosecutors handling People v. Dekraai violated discovery laws and rulings from the court, trampled defendant rights, and denied the full imposition of justice for the victims and their families. Prosecutors were so concerned that Dekraai would claim insanity and escape the death penalty as Edward Charles Allaway did when he committed Orange County’s largest mass murder to date in 1976 that they used a confidential informant to obtain tainted confessions from Dekraai, the report found. They also violated OCDA informant policies and protocols when they failed to check the Orange County Informant Index (OCII) for the informant for 15 months.

The use of a confidential informant in the case was unnecessary, and in fact detrimental to achieving justice, the report concluded.

The following is a summary of the investigative findings and recommendations:

Confidential procedures of federal/local joint gang task force increased the possibility of discovery violations related to confidential informants

  • It is recommended that OCDA no longer participate in joint task forces until parties revise their Memoranda of Understanding to ensure local prosecutors receive the necessary discovery information regarding federal confidential informants in order to comply with Brady and Massiah laws.

Lack of Oversight of the Dekraai Case by Prior OCDA Executive Management

  • The prior OCDA Executive Management’s failure to properly supervise high-profile cases, including Dekraai, resulted in prosecutors trying these cases without adequate oversight, including the lack of discussion and resolution of critical decisions such as the use of confidential informants. In 2019, under District Attorney Spitzer, OCDA established new programs and corresponding policies and procedures to ensure all major case prosecutions are reviewed by executive management, and that no case will be prosecuted if a Jailhouse Informant is involved, and no Jailhouse Informant will be utilized in the prosecution of a case, without the prior approval of the District Attorney. The OCDA’s revised 2020 Informant Policy Manual can be found here.
  • The prior OCDA administration allowed for the creation of internal documents related to the Dekraai prosecution which omitted important information and failed to discuss known instances of prosecutorial misconduct, negligence, or malpractice. It is the affirmative duty of OCDA to ensure all communications are accurate and complete.

Dekraai Prosecution Team Performance Deficiencies

  • Severe performance deficiencies by the OCDA prosecution team were identified in its handling of the Dekraai case. As confirmation, both the trial and appellate courts concluded that the prosecution team exhibited misconduct and negligence in the performance of their duties. This investigation agrees with this conclusion, but also probes deeper into the underlying issue causing the performance deficiencies: the circumstances and timing of the prosecution team in learning that the inmate providing information on Dekraai was an experienced confidential informant. Nearly every performance in Dekraai stems from the answer to this question. This answer is also critical as it identifies the culpability of members of the prosecution team and ultimately the level of discipline that should be recommended for their performance.
  • The investigation found there is clear and convincing evidence to a reasonable certainty that indicates Dekraai prosecutors also committed malpractice due to intentional negligence. This finding necessitates the imposition of severe disciplinary action against the prosecutors. However, before the completion of the internal investigation, both Dekraai prosecutors resigned their employment with OCDA and are now outside the administrative purview of OCDA. Notwithstanding, this report is available to state compliance and law enforcement agencies for their review.

Confidential Informants Used in Non-Dekraai Cases

  • There is insufficient evidence to determine prosecutorial misconduct or malpractice in the five other cases where confidential informants were utilized.

Improvements Implemented by OCDA

  • OCDA has implemented significant reforms to address the deficiencies involving the use of confidential informants.

Some of the key reforms include:

  • Establishment of regular executive staff meetings
  • Update of the OCDA Legal Policy Manual
  • Establishment of Major Case Review Committee to ensure that all major cases are periodically reviewed and discussed with executive management
  • Development of a new prosecutor annual performance evaluation focused on developing the “whole prosecutor” rather than only on “winning cases” at any cost
  • Development of a new policy regarding Brady and discovery obligations for prosecutors and law enforcement personnel
  • Establishment of a Conviction Integrity Unit that investigates claims of factual innocence presented by defendants who were convicted of serious or violent felonies
  • Establishment of a Chief Ethics Officer position that functions in an advisory role to OCDA staff on ethics-related questions on individual cases as well as those that pertain to global ethical issues
  • The administration of discipline by the current OCDA administration for prosecutorial misconduct
  • Development of an Informant Policy Manual that reforms OCDA policies and procedures regarding the use of informants
  • Establishment of a standalone Professional Responsibility and Training Unit that provides a comprehensive program of continuing legal education and training
  • Creation of a revised policy for the granting of immunity

The “Special Report to the District Attorney of Orange County: Prosecutors’ Role in the Dekraai Informant Controversy” can be found on the Orange County District Attorney’s website here.

The Orange County District Attorney’s Office has been fully cooperative in the ongoing U.S. Department of Justice investigation into the “Jailhouse Informant Scandal,” including requiring OCDA prosecutors to be interviewed by the DOJ and traveling to Washington, DC to discuss the investigation.

OCDA Spitzer reacts to the U.S. Supreme Court ruling protecting LGBTQ workers from job discrimination

Posted on by Posted in Civil Rights, LGBTQ, OCDA, Orange County, Santa Ana, Todd Spitzer Leave a comment

SANTA ANA, Calif. – Orange County District Attorney Todd Spitzer issued the following statement on Monday’s Supreme Court ruling protecting LGBTQ workers from job discrimination:

“A workplace must be a place of tolerance, respect, and equality. We honor these rights in the Orange County District Attorney’s Office. We evaluate employees only based on their performance on the job and not on their sexual orientation. The Supreme Court’s decision to protect employees from being discriminated against for being gay or transgender is a long overdue decision for equality, tolerance and respect.”

Here is a related press release from the Lawyers’ Committee for Civil Rights Under Law:

Historic U.S. Supreme Court Ruling Protects LGBTQ Employees From Sex-Based Discrimination in the Workplace

Supreme Court rules that Title VII protects LGBTQ employees from workplace discrimination on the basis of sexual orientation and gender identity

(WASHINGTON, D.C.) –The U.S. Supreme Court ruled in a landmark case today that Title VII’s protections from workplace discrimination “because of … sex” apply to LGBTQ employees. In a trio of cases challenging discriminatory actions of employers, the court ruled that Title VII of the Civil Rights Act of 1964 protects LGBTQ employees from being discriminated against on the basis of sexual orientation or gender identity. The following is a statement of Dariely Rodriguez, director of the Economic Justice Project at the Lawyers’ Committee for Civil Rights Under Law.

“This ruling is critical to maintaining vital protections for LGBTQ workers against workplace discrimination, wrongful termination and retaliation. Protections against discrimination are critically important now in the midst of massive unemployment rates resulting from a pandemic that has left many marginalized workers experiencing significant job insecurity. This decision ensures that some of our nation’s most vulnerable workers can rely on important civil rights protections in the workplace.”

“The LGBTQ community, particularly LGBTQ people of color, are often subjected to workplace discrimination and harassment, resulting in lower job security and economic stability. The Supreme Court reinforced that such discrimination has no place in our workplaces and in our society.

“Our country’s diversity is rapidly increasing, with more people including people of color identifying as LGBTQ. Despite LGBTQ people of color making significant contributions to our society, they suffer higher rates of job discrimination than their white counterparts. Title VII has made significant strides to make the workforce more diverse and inclusive, and its sweeping text is intended to ensure employees, regardless of their identity can meaningfully participate in our economy without fear of harassment or discrimination. The court’s ruling cements workplace protections under federal law for LGBTQ+ workers across America.”

In September of 2019, the Lawyers’ Committee, in conjunction with other civil rights organizations including The Leadership Conference on Civil and Human Rights filed an amicus brief before the Supreme Court urging the court to rule in favor of protecting rights for LGBTQ workers by upholding the plain language of Title VII and maintaining the spirit of the statute.

About the Lawyers’ Committee for Civil Rights Under Law – The Lawyers’ Committee for Civil Rights Under Law, a nonpartisan, nonprofit organization, was formed in 1963 at the request of President John F. Kennedy to involve the private bar in providing legal services to address racial discrimination. Now in its 56th year, the Lawyers’ Committee for Civil Rights Under Law is continuing its quest to “Move America Toward Justice.” The principal mission of the Lawyers’ Committee for Civil Rights Under Law is to secure, through the rule of law, equal justice for all, particularly in the areas of criminal justice, fair housing and community development, economic justice, educational opportunities, and voting rights.

The OCDA says that rioting and looting will be prosecuted in Orange County

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SANTA ANA, Calif. – Orange County District Attorney Todd Spitzer issued the following statement regarding the protests in the wake of the death of George Floyd last week while in police custody in Minnesota:

The right to make your voices heard will always be protected. The overwhelming majority of the people taking to the streets are doing it peacefully and with respect. 

It is not the bottles that are thrown or the fires that are set that will encourage people to listen to your hurt, your anger, and your calls for change. I have watched many police officers have come face to face with protestors – and when everyone remains calm – truly incredible things happen. People see each other for the humans for which we all are. And as humans, we want peace and equality.

You have the right to protest – but when those protest cross the line into criminality – it will not be tolerated in Orange County. As a police officer with the Los Angeles Police Department, I watched the streets of Los Angeles burn during the 1992 riots.

Looting and rioting is not about justice. It is about opportunists who are corrupting a cause to steal, robbery crews who pile out of cars with lookouts timing their looting sprees in order to evade police. 

Business owners who were just getting ready to re-open after months of being closed due to a global pandemic are having to watch their dreams – and their livelihoods – reduced to shards of glass and twisted metal. 

This does not honor the memory of George Floyd; in fact, it desecrates his memory.

This violence unnecessarily puts the lives of peaceful protestors, firefighters, police officers, and innocent bystanders at risk. This is not the Orange County we want. 

I am calling on every police chief and the Sheriff to submit their looting and rioting cases to me for criminal prosecution as soon as possible. The Orange County District Attorney’s Office will prosecute every criminal act we can prove beyond a reasonable doubt in a court of law.

Make your voices heard – but do it peacefully so that you may be heard.

Mayor Pulido supports the prosecution of registered sex offenders for parole violations

Posted on by Posted in Cochino Alert, Crime, Miguel Pulido, OCDA, Todd Spitzer 1 Comment

Santa Ana Mayor Miguel A. Pulido issued the following statement today:

“I strongly support District Attorney Todd Spitzer’s stance against the early release of seven registered sex offenders into the local community and his continued involvement in their parole violation cases. I believe he is the most appropriate and best prosecutor to handle this matter, which is of great importance to myself, the Santa Ana City Council and our constituents.

District Attorney Spitzer’s desire to alert our community about the unconscionable early release of these dangerous criminals in no way should disqualify him from handling their cases, as the Orange County Public Defender alleges. In fact, District Attorney Spitzer was doing his job by protecting the public.

The City of Santa Ana has already suffered from the placement of County of Orange jails and homeless shelters in the heart of the community. We must not let the Courts system add to that burden with a laissez-faire attitude about the dispensation of justice and removing those who have committed violent crimes from our streets.

I have complete faith that District Attorney Spitzer will handle this matter fairly and justly while putting public safety first.”

The OCDA has launched a Crimes Against Peace Officers Unit

Posted on by Posted in Crime, OCDA, Orange County, Public Safety, Todd Spitzer Leave a comment

SANTA ANA, Calif. – As we honor the nation’s fallen law enforcement officers during National Police Week, the Orange County District Attorney’s Office is proud to announce the creation of its Crimes Against Peace Officers Unit.

This new unit will be overseen by the office’s Special Prosecutions, an elite unit within the District Attorney’s Office dedicated to seeking justice in the highest profile cases. The Crimes Against Peace Officers Unit will be dedicated to prosecuting crimes in which a sworn law enforcement officer is victimized while on duty. The unit will have prosecutors designated to handle these cases.

The Orange County District Attorney’s Office has prosecuted nearly 1,000 cases over the last three years in which a police officer was the victim of a crime. Orange County District Attorney Todd Spitzer was recently approached by the Association of Orange County Deputy Sheriffs to dedicate specialized prosecutors to handle cases in which police officers were victimized.

“With the continual assaults our law enforcement members face in the field, jail and detention facilities, we are glad the District Attorney has listened to our concerns and taken the steps to form a unit to vertically prosecute those who attack our peace officers,” said Juan Viramontes, president of the Association of Orange County Deputy Sheriffs.

“As we mourn the loss of 135 law enforcement officers across the nation who paid the ultimate sacrifice last year, the Orange County District Attorney’s Office is committing to prosecuting crimes against peace officers with the highest level of care,” said Orange County District Attorney Todd Spitzer. “Law enforcement has become increasingly dangerous as social justice advocates continue to campaign for reduced incarceration and reduced consequences for those who break the law. With more criminals being released back to our streets and state prisoners being housed in county jails, our law enforcement officers are at risk like never before. With the creation this year of the Crimes Against Peace Officers Unit, the Orange County District Attorney’s Office will ensure that criminals who victimize the very people sworn to protect and serve will be prosecuted to the fullest extent of the law. We will never forget the 53 Orange County peace officers who laid down their lives protecting us.”

OCDA: Judicial Council Emergency Order for $0 bail puts dangerous criminals back on our streets

Posted on by Posted in Crime, OCDA, Orange County, Santa Ana, Todd Spitzer 3 Comments

Santa Ana, Calif: – Orange County District Attorney Todd Spitzer issued the following statement regarding the Judicial Council’s adoption of zero bail:

The recent emergency orders issued by the California Chief Justice in the wake of the global pandemic puts criminals back on our streets and endangers the safety of our communities.

The Judicial Council’s decision to enact zero bail for most misdemeanors and numerous felonies allows dangerous criminals, including human traffickers, drivers who kill someone in a hit and run, and abusers of children and the elderly, to be released back into our neighborhoods.

Law enforcement must have the ability to enforce the law and protect society from the very criminals who prey on the vulnerable. This shortsighted order handcuffs law enforcement, fails to take into account criminal history, and completely ignores the rights of victims afforded to them by the California constitution.

At a time when law-abiding residents are being ordered to stay-at-home to stop the spread of a deadly virus, this order allows criminals to be arrested and released back into our neighborhoods with the mere promise that they will return for their court date months from now.

This order takes into account only to the current criminal offense, allowing convicted felons to argue for immediate release from custody despite their prior criminal history. Not even violations of probation – which is a direct order of a court – would prohibit an inmate from being released.

This order, which extends 90 days beyond the date California reopens for business, protects the criminals who have repeatedly victimized the law-abiding public while failing to safeguard the innocent.

A global pandemic must not be allowed to erode the rule of law.

Under the emergency order, nearly 300 inmates in the Orange County Jail awaiting trial may be eligible to go before a judge to have their bail reduced to zero and be released from custody.

Recent state laws have transformed local county jails into state prisons, housing dangerous and violent criminals who must not be allowed to use this global health crisis as a get out of jail free card.

My priority is the safety of our communities – and that includes the jails.

The Orange County District Attorney’s Office is proactively participating in reviewing cases where an inmate’s valid health condition is a concern. But we have – and will continue to – consult with inmate medical and jail staff responsible for inmate safety in making those determinations.

Proactive steps by Orange County Sheriff Don Barnes and a natural reduction in new arrests as a result of the state’s stay-at-home order has reduced the Orange County Jail population by nearly one-third in recent weeks.

The Orange County District Attorney’s Office has been vigorously opposing the release of dangerous and violent offenders, including a high-ranking member of the Mexican Mafia who petitioned to be released to his home on GPS monitoring despite being charged with attempted murder and conspiracy to commit murder, and the owner of a Santa Ana charter school who went on the run for nearly a decade after embezzling $3.2 million from the school.

Just this morning one of my prosecutors successfully fought the release of a sexual assault defendant who was on OCDA’s Most Wanted list for 12 years after he fled to England right before his trial. My office fought for five years to have him extradited back to the United States.

His argument for release: asthma.

It is utterly ridiculous that we are expending countless resources to litigate these cases where there is a clear and present public danger by releasing these criminals.

Thankfully, the Orange County Superior Court has listened to reason and agreed with the vast majority of the objections my office has made to release these people from custody.

I will not allow the current state of affairs to be manipulated to allow the unnecessary release of violent and dangerous criminals into our neighborhoods.

This is a local issue. It needs to be handled locally.

In a world of uncertainty, there is one thing that is certain.

The men and women of the Orange County District Attorney’s Office are doing everything we can to keep Orange County safe.

OCDA Spitzer launches an investigation into the Rackauckas jailhouse snitch scandal

Posted on by Posted in Crime, OCDA, Orange County, Santa Ana, Todd Spitzer, Tony Rackauckas 1 Comment

SANTA ANA, Calif. – District Attorney Todd Spitzer today announced he is launching an internal investigation into the use of jailhouse informants during the previous administration.

Since taking office on January 7, 2019, Spitzer has launched six critical initiatives designed to prevent misconduct from occurring in the future, including adopting a revised jailhouse informant policy modeled after the most comprehensive protocols from District Attorneys across California.

In 2015, then Attorney General Kamala Harris announced that she had launched a criminal probe into the use of jailhouse informants by then District Attorney Tony Rackauckas. Since assuming office, Spitzer has not received any requests from the state Attorney General for information related to the informant issue.

On April 19, 2019, Deputy Attorney General Darren Schaffer announced to Orange County Superior Court Judge James Rogan that the Attorney General’s perjury investigation of three Orange County deputy sheriffs associated with the jailhouse informant issue had ended. Shaffer did not clarify whether the Attorney General’s probe into the use of jailhouse informants by the Orange County District Attorney’s Office had concluded.

The District Attorney’s Office today released a letter Spitzer sent to California Attorney General Xavier Becerra inquiring about the status of the criminal probe into the use of jailhouse informants by the Orange County District Attorney’s Office. Read the letter here.

“I have repeatedly relied on the California Attorney General – who has supervisorial authority over all 58 elected District Attorneys – to get to the bottom of the Rackauckas scandal in Orange County,” said Spitzer. “While seeking clarification from the Attorney General, I am now moving forward on Phase Two of my reform efforts. I refuse to wait for the Attorney General to make any conclusions given this lack of communication on inquiries. It is my responsibility as the recently elected District Attorney of Orange County to move forward with my own investigation into what occurred and what, if any remaining personnel, are responsible.”

Who will take over in Santa Ana when Mayor Pulido retires in two years?

Posted on by Posted in 2020 Elections, Cecilia Iglesias, Civic Affairs, Claudia Alvarez, Elections, Jose Solorio, Miguel Pulido, Politics, Santa Ana, Todd Spitzer, Tony Rackauckas, Vince Sarmiento 1 Comment

I saw mayoral candidate Sal Tinajero speak at several campaign events leading up to the Nov. 6 General Election. Every time I heard him he was incredibly nasty – and his diatribes were at best filled with half-truths. The voters, needless to say, didn’t buy his act and Santa Ana Mayor Miguel Pulido beat him convincingly.

But Pulido is going to term out in two years. What will happen then? Continue reading→