The practice has also resulted in state and federal investigations.
Over the past 18 months, the Orange County district attorney’s office and Sheriff’s Department have been embroiled in a scandal over the way that they use informants in order to get confessions from defendants in jail. Now, the American Civil Liberties Union (ACLU) has filed a lawsuit against these Orange County agencies, alleging that they have participated in a scheme to violate defendants’ constitutional rights.
According to the lawsuit filed by the ACLU, Orange County prosecutors and sheriff’s officials used “professional” informants for years (potentially for decades). They even used a special log and a database to track their movements and interactions within the jail system. These informants would tell defendants that they were on a list of people to be killed by their gang — and they could only get off the list by confessing to their crime. According to the ACLU, the Orange County law enforcement agencies knew about these death threats, but did not stop them. These agencies also paid informants while they were incarcerated in amounts that totaled hundreds of thousands of dollars. Informants were also given favorable deals that allowed many of them to be freed — even if they had been jailed on serious charges, such as murder. Per the ACLU, this information was then withheld from defense attorneys.
As an Orange County criminal defense attorney can explain, both California and federal law prohibit the government from purposefully using an informant to secure incriminating statements from a defendant who has been formally charged. Any defendant who has been formally charged has a constitutional right to an attorney during questioning. An informant acting on behalf of the government — as alleged here — violates that right.
The informant program has already had serious implications for the Orange County criminal justice system. According to a knowledgeable Orange County criminal defense attorney, prosecutors were barred from seeking the death penalty against a mass murderer — a man who killed 8 people at a Seal Beach salon in 2011 — because of the court’s concerns over the way that informants were used. According to the judge, the defendant’s right to a fair trial would be impacted if the prosecutors were permitted to seek the death penalty under those circumstances.
While the ACLU lawsuit is civil in nature, it could have a big impact on criminal prosecutions. In civil lawsuits, the parties go through what is known as the discovery process. Each side is required to exchange documents, records, and even submit to depositions. During discovery, the ACLU may find additional evidence about the scope of the informant program, which could effect a number of criminal convictions and pending criminal cases. If you have been convicted in Orange County or are currently facing charges there, contact an experienced Orange County criminal defense attorney to learn more about how this matter may affect your case.
At the Chambers Law Firm, we explore every angle of our clients’ cases so that we can prepare the best possible defense. That includes making sure that we are on top of the latest news, such as the ACLU informant lawsuit in Orange County. If you are facing criminal charges, contact us today at 714-760-4088 or dchambers@clfca.com to schedule a free initial consultation.
