UCI Law Dean Joins Call for Investigation of DA's Office

Orange County prosecutors today lashed out at the dean of the UC Irvine law school in his call for a U.S. Department of Justice investigation of the use of jailhouse informants amid allegations that the constitutional rights of several defendants have been violated.

UC Irvine Law School Dean Erwin Chemerinsky, backed by multiple other legal scholars and leaders, including former Los Angeles County District Attorney Gil Garcetti and the ACLU, called on the U.S. Department of Justice to investigate allegations of misconduct that have come out of the prosecution of Scott Dekraai, the worst mass killer in the county’s history.

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“As of the writing of this letter, it is fair to say that the criminal justice system in Orange County is in a state of crisis: charges in extremely serious cases have been reduced or dismissed; violent crimes -- including murders -- have gone entirely uninvestigated; to date, four law enforcement officers have refused to testify in pending criminal matters, citing their Fifth Amendment privilege against self-incrimination; and at least one prosecutor has been found by a court to have given ‘incredible’ testimony under oath,” Chemerinsky wrote in the letter dated Tuesday.

“More troubling still, this all appears to be the tip of the iceberg. Given this state of affairs, as well as the scope of the misconduct at issue, the Department of Justice is the only entity with the capacity to conduct the investigation required.”

The allegations stem from the use of an informant, who sources allege heard Dekraai make calloused remarks about his killings. Dekraai’s attorney, Scott Sanders, argued prosecutors committed a Massiah violation, meaning they used a government agent to pump his client for information when he was already represented by counsel, a Sixth Amendment violation.

Prosecutors ultimately capitulated on the motion without agreeing they violated Dekraai’s rights. Orange County Superior Court Judge Thomas Goethals later booted all of the prosecutors in the Orange County District Attorney’s Office from the penalty phase of Dekraai’s trial, a ruling that is under appeal.

Sanders alleged much of the same misconduct in the case against another of his clients, accused double murderer Daniel Wozniak, based on conversations the same informant in Dekraai’s case had with Wozniak while in custody.

Orange County Superior Court Judge John Conley rejected Sanders’ request to have prosecutors removed from the case and the death penalty removed as a possible punishment, ruling that Sanders failed to meet the legal thresholds allowing for an evidentiary hearing into the claims.

Chemerinsky also argues the state Attorney General’s Office, which is conducting a criminal probe of the allegations that was requested by Orange County District Attorney Tony Rackauckas, cannot be trusted to be impartial. The law school dean cites the Attorney General’s Office’s appeal of Goethal’s ruling.

Kristin Ford, of the Attorney General’s Office, said, “We have an ongoing investigation, which continues, so I can’t really comment.”

Senior Deputy District Attorney Matt Murphy, who is prosecuting the Wozniak case, said he personally reached out to Chemerinsky to discuss the allegations.

“Many of us are proud former students of Professor Chemerinsky,” Murphy said. “He famously teaches young lawyers should never comment on a criminal case unless they have engaged in all proper due diligence.

“We have made ourselves available to Mr. Chemerinsky to discuss these issues but he never requested our response brief, he has not attended a single court hearing, and he never ordered a transcript of the proceedings.”

Murphy added, “The same can be said of every other signatory of that letter. They parrot defense claims that have been repeatedly rejected by the California Supreme Court.”

Murphy was also upset at Chemerinsky’s criticism of Conley for not recusing himself from the Wozniak case based on his use of a jailhouse informant when he was a prosecutor.

“His criticism of Superior Court Judge Conley is factually unfounded, legally incorrect, and entirely unfair.”

Murphy was particularly upset that the letter was released as jurors were being selected for Wozniak’s trial.

“I’m disappointed they released this during jury selection, and they all should know better,” Murphy said, referring to concerns about tainting a jury pool. “It’s disrespectful to the court, to the process and the families.”

U.S. Dept. of Justice officials did not respond to requests for comment.

City News Service; Photo: Orange County District Attorney’s Office