The information gathered from informants was used in at least 140 criminal cases in Orange County.
For more than 30 years, law enforcement agencies in Orange County operated a secret program within its county jails. Through the program, confidential informants would coerce confessions and other information from people who were held in jail. These informants would then be paid or be rewarded with reductions in their own sentences.
The use criminal informants and jailhouse snitches by law enforcement isn’t new or unusual. However, in Orange County, the police allegedly took it one step further by refusing to divulge information that would expose the existence of the program. Confidential informants would also use threats of violence or even murder to extract information from fellow inmates. According to a criminal defense lawyer in Orange County, CA, even when the information was exculpatory — tending to prove the innocence of a person — the police did not turn it over. This decision was in violation of the law, as well as criminal defendants’ rights to due process and the assistance of counsel.
In 2018, a group of Orange County residents filed a lawsuit against these agencies, alleging that this program eroded the community’s faith in the legal systems ability to deliver justice. The lawsuit was dismissed by the trial court in 2019, but a California appeals court recently overturned that ruling, holding that the lawsuit could move forward.
This program was first exposed in 2014 during a criminal case. Since then, defendants in at least 18 cases have demonstrated that jailhouse informants were illegally involved in their cases. These defendants had their sentences reduced or their charges dismissed as a result. In one case, a 14 year old was arrested on a charge of attempted murder. Informants provided information to the district attorney and Orange County Sheriff’s office that would have exonerated him. By law, these offices were required to turn this information to his criminal defense lawyer in Orange County, CA — but they didn’t. As a result, a 14 year old child who did not commit the charged crime was kept in jail for almost 2 years, even though the prosecutor and law enforcement knew that he was likely innocent.
Information that is extracted through coercion is typically unreliable, as a person who is threatened with violence may say anything to avoid being hurt. Yet this type of information was presented in court without acknowledging how it was obtained — and so hundreds of people throughout Orange County may have been convicted on information that was unreliable at best — or possibly completely false.
While the outcome of the lawsuit is still in question, the exposure of this program is a good thing for both defendants and residents of Orange County. After all, the critical function of the criminal justice system isn’t to just get convictions — it is to ensure that the right person is convicted. If the police and district attorney use information that may be false to secure a conviction, then the actual perpetrator may walk free. This type of program is also incredibly detrimental to defendants, who cannot get a fair trial if information sources are hidden and information is not turned over in accordance with the law.
If you have been charged with a crime, the Chambers Law Firm can help. We have extensive experience representing clients who have been charged with California criminal offenses and getting the best possible outcome for our clients. Reach out today at 714-760-4088 or dchambers@clfca.com to schedule a free initial consultation.
