You’re All Out -- Dahlia Lithwick, Slate.com
Prosecutorial and police misconduct are often dismissed as just a few bad apples doing a few bad apple-ish things. But what happens when it’s entrenched and systemic and goes unchecked for years? That looks to be the case in Orange County, California, where the situation got so completely out of hand this spring that Superior Court Judge Thomas Goethals issued an order disqualifying the entire Orange County District Attorney’s Office (that’s all 250 prosecutors) from continuing to prosecute a major death penalty case.
After literally years of alleged misconduct involving jailhouse informants, as well as prosecutors’ repeated failures to turn over exculpatory material, Judge Goethals determined in March that the office can simply no longer work on the case of mass murderer Scott Dekraai, who pleaded guilty last year to killing his ex-wife and seven others at a beauty salon in 2011.
evelations of misconduct in the Dekraai case have raised questions about patterns of obstruction and deception that have unraveled various other murder cases in the county, which has a population larger than that of 20 different states. Other cases involving informants who were eliciting illegal confessions have emerged, entire cases have collapsed, and more may follow. The story goes way back to the 1980s, as R. Scott Moxley explains at length in the OC Weekly, to a prosecutorial scandal that ended in the execution of one defendant and a lengthy sentence for his alleged co-conspirator. Their convictions were based on the testimony of various jailhouse informants even though they told conflicting stories. That scandal rocked the area then, and this new one shows eerie parallels.
ll this is happening right up the road from Los Angeles, home of one of the most massive jailhouse informant scandals in history. In 1989, in an infamous interview with 60 Minutes and an explosive piece in the Los Angeles Times, former jailhouse snitch Leslie Vernon White demonstrated how he fabricated the confessions of other inmates, then leveraged them for reduced sentences. The White revelations led to a grand jury investigation that revealed that jailhouse snitches often lied, and that police and prosecutors—knowing they were lying—used them anyhow. L.A. has since enacted significant reforms of its jailhouse informant policies. Not so Orange County. And both the scope and scale of the Orange County shenanigans are remarkable. - Read More at Slate.com