O.C. Supervisor Calls Judge's Ruling in Dekraai Case a 'Black Eye for the County'

Orange County Supervisor Todd Spitzer today called a Superior Court judge’s ruling this week on a convicted mass killer’s claims of prosecutorial misconduct a “black eye for the county.”

Spitzer made his comments at the end of today’s board meeting as he directed the county’s chief executive officer and chief financial officer to meet with Orange County District Attorney Tony Rackauckas to see if he needs additional resources to avoid some of the legal missteps outlined in the 500-page plus motion filed by Scott Dekraai’s attorneys earlier this year.

The motion sought to have the death penalty removed as an option for prosecutors in the penalty phase for the man responsible for the worst mass killing in the county’s history. Dekraai also wanted Orange County Superior Court Judge Thomas Goethals to have the state Attorney General’s Office take over prosecution in the penalty phase.

Goethals denied both requests on Monday, but barred prosecutors from using Dekraai’s statements in custody against him in the penalty phase. The hearings on the accusations of government misconduct in the handling of Dekraai’s case started in mid-March and ended with Goethals’ ruling Monday.

Spitzer, holding up a copy of the Orange County Register today, accused Rackauckas, his former boss when the supervisor was a high-ranking prosecutor, of essentially ducking some responsibility for the more embarrassing allegations that came out of the hearings by blaming a lack of financial resources.

“We are now being used as an excuse for prosecutorial misconduct,” Spitzer said. “Why is the county being blamed?”

Spitzer went on to say, “I hope and I am positive that Dekraai will rot in hell. He is the incarnation of the devil.”

Rackauckas told reporters on Monday that one lesson learned from the Dekraai hearings was that some prosecutors were carrying too heavy a caseload, which led to some legal missteps. Rackauckas said he did not think anyone on his staff intentionally committed misconduct.

One of the more prominent prosecutors named in the Dekraai motion -- Deputy District Attorney Erik Petersen -- was booted by Goethals from a case just before the hearings began for failing to turn over all the evidence he had to defense attorneys as required. Petersen was prosecuting 80 cases at one time according to Susan Kang Schroeder, Rackauckas’ chief of staff.

Spitzer, quoting Goethals, said a heavy workload is no excuse from the legal obligations of the job.

Spitzer told City News Service after today’s meeting that he has never said no to any budget increases from the District Attorney’s Office.

In fact, to comply with an increased exchange of evidence, which was made necessary because of the Dekraai hearings, Rackauckas has hired 11 new law clerks which will cost taxpayers about $750,000, Spitzer added.

“It makes no sense to me. How do you blame the county for a lack of resources when you haven’t asked for the resources,” Spitzer said.

“Is this real or is this just an excuse because they’re looking for ways to explain to the public why they didn’t fulfill their legal obligations... Don’t use me as your scapegoat unless I denied your request.”

Spitzer said the judge’s ruling shows prosecutors were “not playing fair” with defense attorneys, and he worried about the turmoil victims’ families will go through if appellate justices order a new trial.

Schroeder said Rackauckas, who fired Spitzer and sparked a long-running feud between the two, didn’t try to deflect blame.

“The district attorney didn’t blame anyone else for what happened. There were mistakes made by overworked prosecutors,” Schroeder told City News Service. “When you have 80 cases, that’s just too many.”

Schroeder accused Spitzer of playing politics.

“It’s a shame that Supervisor Spitzer once again has to make it all about him and politics,” Schroeder said.

“It’s a shame Supervisor Spitzer has to use a mass murder case with eight dead innocent victims to politicize his agenda and his issues with the District Attorney’s Office.”

Supervisor John Moorlach said Spitzer made his comments during a part of the board meeting that prevented the other supervisors from chiming in because the issue was not on the agenda. Moorlach was sympathetic to Rackauckas’ lament about trying to do more with less.

“Based on the circumstances we’ve done a pretty good job in this most difficult time in U.S. history,” Moorlach said.

--City News Service