Prosecutors then withheld evidence about the informant practice from defense attorneys, a violation of the 14th Amendment. The probe found that the illegal practices in what became known as the \u201csnitch scandal\u201d<\/a> occurred from 2007 to 2016, although some defense attorneys maintain it started much earlier.<\/p>\n Spitzer unseated Rackauckas and took office in 2019 with the promise that prosecutors would no longer operate under a \u201cwin-at-all-costs\u201d mentality. In a prepared statement, Spitzer said Tuesday that he worked with the civil rights department to ensure past violations were not repeated and that relief was provided to those whose rights had been violated.<\/p>\n In the case of Paul Gentile Smith,<\/a> Spitzer successfully urged a judge in 2021 to overturn a decade old jury conviction in a Suhttps:\/\/www.ocregister.com\/2022\/10\/13\/oc-prosecutors-and-sheriffs-deputies-violated-rights-in-jailhouse-informant-scandal-doj-concludes\/nset Beach murder and order a new trial because of violations involving\u00a0 jailhouse informants. Smith\u2019s retrial is scheduled for February 2026.<\/p>\n \u201cThe collective efforts we have made within the District Attorney\u2019s Office to restore trust and accountability to a system which at times seemed irreparably damaged have forged a path forward which safeguards the criminal system and ensures the fair administration of justice for all,\u201d Spitzer said.<\/p>\n He noted that he initiated an internal investigation into the snitch scandal that resulted in the firing of one top-level prosecutor and the resignation\/retirement of two others.<\/a><\/p>\n Among the changes made by Spitzer: cases involving claims of Sixth and 14th amendment violations are now reviewed by an integrity unit. Jailhouse informants cannot be used by prosecutors without Spitzer\u2019s permission. Record-keeping processes have been improved on the use of informants to, among other things, make sure defense attorneys get the proper discovery. Prosecutors are now better coordinating their informant efforts with the Sheriff\u2019s Department.<\/p>\n \u201cThe violation of a single defendant\u2019s constitutional rights calls into question the fairness of the entire criminal justice system,\u201d Spitzer said. \u201cAfter nearly a decade of investigation by the Department of Justice, the \u2018win at all costs mentality\u2019 chapter of the prior administration can finally be closed once and for all, and the residents of Orange County can have confidence that transparency has replaced the shroud of darkness under which the criminal justice system was allowed to operate under the prior district attorney.\u201d<\/p>\n Former Assistant Public Defender Scott Sanders,<\/a> who uncovered Orange County\u2019s illegal use of informants in 2014 while defending mass killer Scott Dekraai,<\/a> said the job is far from over.<\/p>\n \u201cThe current DA administration has unquestionably been far better than its predecessor when it comes to these issues. But the scandal doesn\u2019t end because a disinterested DOJ is ready to walk,\u201d Sanders said. \u201cThere were prosecutors and officers who were willing to break the law to win, and many of the cases they impacted have still not been re-examined.\u00a0 If we fail to push forward, the moral responsibility will rest with all of the stakeholders in our criminal justice system.\u201d<\/p>\n The DA\u2019s office responded that it will look at any allegations of constitutional violations in any case.<\/p>\n Dekraai is serving eight life sentences after a Superior Court judge took the death penalty off the table and booted the district attorney\u2019s office from the case for informant violations.<\/p>\n![\"Defense](\"https:\/\/www.newsbeep.com\/us-ca\/wp-content\/uploads\/2025\/12\/OCR-L-SANDERS-1022-01.jpg\")
Defense attorney Scott Sanders in 2017.(Photo by Jeff Gritchen, Orange County Register\/SCNG)<\/p>\n