OCDA Todd the Shyster For Prison
[AUTHOR’S NOTE: MY FIERCE CRITICISM OF TODD SPITZER DOES NOT EQUATE TO ANY SUPPORT FOR OR ENDORSEMENT OF PETE HARDIN.]
WE ACCUSE:
We, the Citizens of Orange County, CA hereby individually and collectively DO ACCUSE Todd Alan Spitzer, the elected District Attorney of the County of Orange to be patently unfit for the office he holds. We demand his immediate removal. We seek his recall.
In January of 2019, Spitzer assumed office, after being elected by the voters who ousted Tony Rackauckas in favor of him. While Rackauckas’ record was appalling, we knew who and what he was. He never held himself out to be ethical, nor did he pretend that OCDA under his watch was a bastion of Integrity.
In stark contrast : Spitzer the GRIFTER ran on a platform of Integrity, Ethics, Transparency and Reform. As a candidate 3 years ago, he incessantly attacked and often mocked Rackauckas, his former boss. It should be noted that Spitzer was involuntarily terminated from his position as Deputy District Atty by Rackauckas about a decade prior to seeking the office in 2018. Perhaps if your morals are too low, for Rackauckas, its fair to say you HAVE no morals whatsoever.
[Ed.note: to be fair, what Rackauckas fired Spitzer for, besides his insufferable personality, was his calling out the malfeasance of a female aide in the Public Administrator’s office without realizing she was Tony’s fiancee. In other words, Todd WAS doing the right thing that time. Sorry, I’ll be quiet – Vern]
2019 OC Weekly caricature “Passing the Dirty Baton” by Felipe Flores
In addition to promising a fresh new start and championing a vision of Justice for all, Spitzer bemoaned the scandal-plagued administration of OCDA and persistently called out the powers-that-be at OCDA for bringing the office under ( well-deserved ) scrutiny by both the state Attorney General & the Federal Government. It was time for a change, said this Shyster and reform could only come through him. His criticism was fierce and layered with a veneer of outrage. How dare Rackauckas tarnish the office in such a manner, said he…..
Upon taking office, it was widely assumed that Spitzer would clean house and then some. Well, We the People got punked. Not only did Spitzer FAIL to terminate the HBIC’s who presided over OCDA during Rackackaus’ tenure….. in some cases he ELEVATED those persons.
The first individual who comes to mind is Ebhrahim (Brahm) Baytieh (right.) Despite a relatively harmless countenance, he is a sinister figure. He frequently touts himself as the “American Dream” because he came from the Middle East at age 18 and supposedly knew no English. Apparently he knew enough to attend law school shortly after arriving in the US. He graduated from law school in the mid-1990’s. However, once landing a job at OCDA, Baytieh rapidly rose through the ranks to become first a supervising, then a senior deputy district attorney. By the 2018 election, he was essentially running the show at “the 401” ( the building situated at 401 Civil Ctr Drive that served as OCDA HQ until recently ). In the wake of the jailhouse snitch scandal that made headlines nationwide and even overseas, Baytieh’s name came up more and more often as having been well in the loop as to the sinister practice of the use of jailhouse snitches.
Arguably, Baytieh should’ve been one of the first – if not THE first – to get the boot. Spitzer continued to keep him on and he continues to figure prominently in the management of OCDA. A few months ago, a 20 year old murder conviction was reversed on the grounds of prosecutorial misconduct. The prosecutor in *that* case was none other than Baytieh. He is still comfortably calling the shots on existing cases, despite the fact that this Appellate finding more than disqualifies him for employment as a mailroom clerk, let alone the position he occupies.
Another infamous character is Gary Logalbo (left.) This man has been known since the commencement of his career at OCDA to engage in unwanted sexual harassment of female staff at OCDA. Its been going on for DECADES according to recently unearthed personnel reports. Gary Logalbo cannot keep his hands to himself. Not even when the object of his (one-way) “affection” is a 16 year old intern.
Read that again.
Spitzer knows well what Logalbo is about. After all, Logalbo was the best man at Spitzer’s own wedding. And naive voters thought he’d be ousted. Oh for sure….
REFORM
… or more precisely, the complete lack thereof.
Spitzer has failed spectacularly to deliver on his promises of making the OC criminal justice system a better place for any one, let alone “Justice for All.” In an abject showing of cowardice & misfeasance, Spitzer has neglected to implement desperately needed reform amongst “line prosecutors” ie the rank and file. But how could we rationally expect him to, when he hasn’t addressed the menaces and misfits at the top of the food chain ? “The fish stinks from the head down” as the saying goes. Indeed it does.
Spitzer repeatedly boasts that “there has been no usage of jailhouse informants under my tenure.” Oh really? What do you want from us, Jackass? A friggin medal ? Well, to be fair…. we DO live in an “Everyone gets a Trophy” culture. Someone PLEASE give Spitzer a trophy for not using jailhouse informants (that WE know of ).
- Misfeasance is generally used in the context of willful neglect.
- MALfeasance, in contrast, is that which is done spitefully and maliciously, or with destructive intent.
The following accusations of Malfeasance ( willful wrongdoing ) are against Defendants of the Criminal Justice System. In case it must needs be said: ALL ARE INNOCENT UNTIL PROVEN GUILTY IN A COURT OF LAW. The manner in which a Defendant may be adjudicated ( deemed guilty as charged ) is in one of THREE forms:
- via a conviction by a bench trial (trial before a judicial officer),
- via a Jury trial, or
- via a Plea. In the case of a plea the Defendant basically admits guilt – or, at minimum, agrees there is enough evidence to convict them. Remember this part, we will flip the script and use it against Spitzer himself in a little bit. Stay with us…..
Presiding over a Criminal Justice Machine that knowingly and willfully deploys unlawful and deceptive tactics. We allege & accuse that Spitzer presides over a system that he knows – or should be knowing – is rooted in prosecutorial misconduct and illegal acts by OCDA attorneys. Certainly not ALL of them. But most assuredly *enough* of them.
Irrespective of how heinous a crime a Defendant may be accused of – and even when there is irrefutable evidence thereof – such as the crime being LIVE-streamed in REAL TIME – said Defendant still has the right to a Fair and Impartial judicial proceeding. From the time they are booked into the jailhouse ( or released at the scene of the crime upon a written promise to appear ), the accused has certain INALIENABLE rights. INALIENABLE means they cannot be deprived of such rights under any circumstances. ( Unless they knowingly and intelligently WAIVE such rights.) Going further into the significance, it should be emphasized: a “Right” is not something that is GRANTED by the government.
A RIGHT IS SOMETHING THAT CANNOT BE TAKEN AWAY. Nothwithstanding the above, while Spitzer has been running the circus, the Halls of Justice have continued to be Kangaroo Courts. If you don’t know what a Kangaroo Court is, look it up. Get Learned. No time like the present.
Between the pernicious pattern of Prosecutors Behaving Badly and Spitzer allowing the deeply entrenched culture of prosecutorial misconduct to continue; it is very difficult for a Defendant to enjoy the RIGHTS bestowed on them by the Constitution. Defense Attorneys must be ever watchful, and always on guard. Literally nothing a OCDA prosecutor says can be taken at face value. If one is lucky, one gets a prosecutor who truly walks the straight and narrow. Such are few and far between.
In what manner are the Rights of Defendants violated? Rather, ask: in what manner AREN’T they violated. Virtually in any way possible. From unreasonably delaying Discovery*, to the withholding of Exculpatory Evidence**, and that’s just for starters . Once those hurdles have been successfully crossed – at great cost to Defendants – one can reasonable expect to face even more challenges . These include prosecutors concealing the criminal record of witnesses and / or victims by proffering such victim / witness under a false / alternate identity or AKA. An equally persistent problem is Subornation of Perjury. It is a Felony for any lawyer, yet alone a prosecutor to knowingly allow a victim or witness to lie under oath as to a MATERIAL ( significant / important ) fact. What qualifies as “material” or not depends on the facts of the individual case. In simple terms : a MATERIAL fact is one that can alter the outcome of the trial ( for better or worse.)
That’s why it is regarded as a serious crime. Yet, if one were to actually view prosecutorial misconduct as the crime that it is, the worst criminals are hiding out in OCDA itself. That is not my opinion. It is a proven fact. Any defense attorney who has been practicing locally any length of time will tell you that OCDA has a “Conviction Quota.” This is a dismal reflection upon the legal profession, and on prosecutors in particular. They are not used car salesmen, nor are they hustling their wares in some parking lot. WHY, THEN: DO THEY HAVE A QUOTA ….. LIKE THE PESKY “IPAD SPECIALIST” AT BESTBUY OR THE GUY APPROACHING YOU AT SUPERWALMART HAWKING FRESH PINEAPPLES FROM THE BED OF HIS TRUCK?
* Discovery is any materials, any record ( written or oral ), any props paraphernalia etc in the hands of the State “the People”, in this case : OCDA. A Defendant is one hundred percent entitled to know of the allegations against him and the evidence that is used – or intended to be used – in support of such counts ( charges ). “Intended” is significant because, whether evidence is actually proffered by the State or not, it must still be disclosed to the Defense, if there is a chance it might be utilized at some point. If not disclosed, it cannot be utilized. A sinister tactic often deployed by OCDA prosecutors is failure to turn over the evidence in a TIMELY manner. What constitutes “timely” depends largely on the facts of the case, but its safe to say that if the Accused is in Jail: they want to enjoy their Right to a Speedy Trial. Someone who is out on bond because they had the means to make bail is going to be less concerned about the time frame.
** Exculpatory Evidence – That which would – in whole or in part – exonerate the Defendant OR that which is insufficient to support the charge. An example off the top of my head might be burglary vs grand theft ( that does not involve force ). In short : exculpatory evidence is anything that is beneficial to the Defense and harmful to the State “People” . This must be turned over as soon as it becomes known. In the worst of known cases: Spitzer’s staff turn it over to the Defense…… NEVER ! Then the person goes to prison until the Court of Appeals ( or Supreme Court of CA ) reverse the conviction and remand ( send it back ) locally to be re-tried. Sometimes, prosecutors will not retry such cases. In other instances; they will.
MISFEASANCE AND MALFEASANCE HURT VICTIMS
AND ARE AN AFFRONT TO THE DIGNITY OF VICTIMS AS WELL.
Imagine, if you will: that *you* are the Victim of a serious, maybe even violent crime. The prosecution cuts corners at some stages and, worse yet, commits illegal activity. BUT THE DEFENDANT IS CONVICTED ANYWAY AND SENTENCED. YOUR NIGHTMARES ARE OVER. But are they really? What if, a year, two maybe THREE years down the line….you get a phone call while chillaxing on the beach. A clerical assistant at OCDA regretfully informs you “We effed up.” The Defendant is Free once again, and we are looking at trying the case.
BUT – BUT – BUT …..you splutter…..trying to make sense of it. You demand to speak with a prosecutor, preferably the one who took the case to trial (Good Luck with THAT venture.) You get the run-around, so then you show up to the Clerk of the Court and a kindly staff member hands you the Appellate Opinion (Ruling). THE PROSECUTION COMMITTED MISCONDUCT BY – – – – .
Did OCDA / Todd Spitzer do you a favor? Did he though?
DEFENDANTS’ RIGHTS ARE VICTIMS’ RIGHTS! If you can’t quite wrap your head around this one, its OK. Its not as confounding as it sounds. Actually, its not complex at ALL. When a Defendant’s Constitutional Rights are violated, it doesnt serve the victims/survivors well because they will be put through the agony all over again. Or …..perhaps the Appeals Court opined that the conduct was so egregious, that the charges are entirely dismissed because there was not SUFFICIENT EVIDENCE TO BEGIN WITH. How do you like Todd Spitzer NOW???
“Defendants Rights are Victims Rights” is a mantra frequently echoed by one Paul Wilson, he of Seal Beach. Its not enough for this poor man that prosecutors bungled the case of Scott Drekaaii, which was essentially quite open – and – shut. Nope, they had to deploy the illegal tactic of jailhouse snitches, causing the entire District Attorney’s office to be booted off of the case by the Hon Thomas Goethals. It was this case that sounded the death knell of Rackauckas career. Well, why pin it on Sptizer? Not pinning ANY of this stuff on Spitzer. But if you ask Paul Wilson…. Spitzer played him for a pathetic fool. While vocally attacking Rackauckas and chronically opining that Rackauckas is “the worst DA in the history of California”, candidate Spitzer dragged Paul Wilson around town, parading him like a trophy. “Justice!” bellowed Spitzer. Spitzer courted Mr Wilson and charmed him like a siren charms wayward sailors. “REFORM, NOW!” hollered the campaigning Spitzer, pointing fingers at the sitting DA. Tony Rackauckas’ office responded in a press release that
“Todd Spitzer is unstable and unhinged and cannot be trusted.”
So Spitzer – profiteering off of Mr Wilson’s pain, and riding the coattails of the Drekaai case, sailed into victory in Nov 2018. Then promptly proceeded to GHOST Mr Wilson. Mr Wilson just wants answers. He wants to know why the deputies employed by the disgraced Sandra Hutchinson were never relieved of their duties. Never disciplined. AND CERTAINLY NEVER CRIMINALLY CHARGED BY SPITZER.
By 2019, Spitzer had a new full-time “job”: avoiding Mr Wilson and the other victims / survivors of the Seal Beach massacre. By the following year, Mr Wilson had enough. Realizing he had been used and discarded like a napkin, Mr Wilson held a small, PEACEFUL rally outside the 401. Then Spitzer revealed the depth of his “caring for victims’ – he called a press conference and slandered the hell out of Paul Wilson.
Paul Wilson is now suing Todd Spitzer individually and in his capacity as elected DA, alleging Fraud, & Defamation of Character. Get your free seating at the Central Justice Center, this case will be fun.
For those of y’all who actually made it this far: let’s revisit #SpitzersScandals. Before we dig through the ACTIVE cases, lets take a peek at those Spitzer quietly settled AT TAXPAYER EXPENSE. Remember, up top, when you learned that a Defendant has the Right to go to Trial, face his Accusers, and all the other benefits? Well most of these are wholly applicable in CIVIL cases as well. Remember when you learned that a certain number of Defendants will simply agree there is enough evidence against them? Well, so it is in CIVIL cases as well. In the lawsuits we’re looking at now, Todd Spitzer substantially admitted that there was enough evidence to find him guilty in the civil causes of action. Otherwise, he would have gone to Trial.
Christine Richters (left) is certainly a name you’ll want to google. She has sued Todd Spitzer not ONCE, but *twice*. Her filings have come at a cost of over $200,000 to you OC Taxpayers. You all are Spitzer’s sugarmommies every time he can’t keep his octupus hands to himself. It must feel good, yall keep voting for this predator. How many lawsuits before you say “enough?” According to Ms Richters, Todd Spitzer (while a county supervisor) stalked her at her home and engaged in physical and sexual harassment. Just the kind of DA you want advocating on behalf of victims, right? Most recently, Ms Richters sued him for defamation. Spitzer settled once again.
Last year, Melanie Eustice, who was part of the top brass at OCDA, alleged that Todd Spitzer called her into his office, physically assaulted her and grabbed her (employee) keys from her hand. I suppose he couldnt wait until security got back from lunch so they could escort Ms Eustice out. Ms Eustice, for her part says Spitzer never told her she was being terminated, never mind asked her for her work keys.
In the claim, Ms Eustice (right) further alleged Spitzer was an abusive boss and repeatedly engaged in a pattern of illegal behavior. Her claims include the following statements made under Oath.
While working in Spitzer’s office she endured a hostile work environment, including angry outbursts, emotional abuse, bullying, shaming, and control tactics. When Mr. Spitzer could not compel Ms. Eustice to do his bidding in connection with the RFP (Request for Proposals) and PRA (Public Records Act), he erupted in a fit of rage charging at her and screaming, “Get the fuck out of here!”
This is quoted verbatim from an Oct. 23 , 2019 claim filed with the County of Orange. Upon the lawsuit being settled in Ms Eustice’s favo,r THAT claim cost you fools $250,000. Are y’all awake yet?
Most recently: an accomplished Investigator named Damon Tucker (left) who blew the whistle on Spitzer’s illegal acts was reinstated, but only after Spitzer was ORDERED to by an Arbitrator who presided over the claim. Investigator Tucker was retaliated against by Spitzer personally who attempted to repeatedly intimidate him into not revealing Spitzer’s illegal activities uncovered by an investigation. Spitzer demanded Investigator Tucker cease his probe. When that failed to happen, Tucker was unjustly and abruptly terminated. Investigator Tucker made serious allegations that were formally found to have a factual basis. Translation: they were deemed TRUE. Amongst his most disturbing claims was that those private defense attorneys who donated to Spitzer’s 2018 OCDA campaign received preferential treatment in court for their clients once Spitzer took office. Stated Alternatively: IF YOU ARE A DEFENDANT ACCUSED OF A CRIME AND YOUR PRIVATE COUNSEL DONATED TO TODD SPITZER’S ELECTION CAMPAIGN YOU RECEIVED A SIGNIFICANT REDUCTION OF CHARGES, AND IN SOME CASES OUTRIGHT DISMISSAL OF SUCH CHARGES. Damon Tucker is now back on the job, and was granted his wages retroactively. This claim also numbered in the area of several hundred thousand dollars.
Here are the lawsuits CURRENTLY pending against Todd Spitzer that have NOT yet been resolved because they are too new: A defense attorney who happens to be Muslim was referred to by Spitzer and Gary Logalbo (see above) as a TERRORIST on numerous occasions, various weeks apart. His claim is currently pending with the County. Its expected to be settled at Taxpayer expense. Most recently, a prosecutor – also of the Islamic faith – actively employed by OCDA filed a claim with the county alleging a “hostile and racist work environment” and confirms that she too was called a “Terrorist.” She is referenced only as “Jane Doe 3” in the claim filed November , 2021. She, along with several other female employees have accused Spitzer of “enabling a ongoing, incessant pattern of sexual harassment.” As of January 19th of this year, three more female employees have filed lawsuits against Todd Spitzer alleging similar conduct
How many more lawsuits and claims must be filed by victims of Spitzer (and settled at taxpayer dime) before the citizenry says “ENOUGH!”?
IT IS OUR CONTENTION, BASED ON THE ABOVE THAT TODD ALAN SPITZER IS PATENTLY UNFIT TO HOLD THE OFFICE HE OCCUPIES AND SHOULD BE IMMEDIATELY RECALLED. WE ARE SEEKING INTERESTED PARTIES TO SIGN THE INITIAL PETITION THAT WILL SERVE AS THE PREREQUISITE TO FILING THE RECALL WITH THE REGISTRAR OF VOTERS.
THOSE PERSONS WHO ARE REGISTERED TO VOTE IN ORANGE COUNTY AND WILLING TO PROVIDE THEIR FULL NAMES, ADDRESSES AND TELEPHONE NUMBERS ARE INVITED TO RESPOND BY SENDING AN MESSAGE TO toddspitzerforprison2022@gmail.com
Thank you for your Attention to this Important Cause. #wevegotacountytosave
Thanks for this eloquent, handy and thorough list of reasons to oppose Spitzer this June. A lot of scandals here i hadn’t heard of, and others I hadn’t paid too much attention to, and it’s good to hear them all together.
The last straw for some of us was, after thirteen months of turd-polishing, how Todd’s office put out a report clearing Fullerton Officer Jonathan Ferrell of the killing of Hector Hernandez because that old cliche “he feared for his life.”
Really, Ferrell feared for his life. Hector was lying on his back (on his own front lawn) being mauled by Ferrell’s police dog, trying to defend himself from the dog with his work knife, and Ferrell standing ten feet away had to run up and shoot Hector twice in the neck and chest because he “feared for his life.”
It was sickening to read that, 13 months after the murder, and then to get to the end and see who signed off on the report – Ebhrahim Baytieh! (Whom you referenced.) This same guy has signed off on EVERY cop-exonerating DA report since such things existed – the first being Manuel Diaz and Joel Acevedo ten years ago. Todd keeping this same guy is one more unmistakable sign that there’s been no change (or very minimal) between him and his predecessor Rackauckas.
There’s been as much police and sheriff brutality and killings in the OC as ever these last three years, but not one of these cops or sheriffs have been found at fault by Spitzer. (Sure he busted one female Sheriff for stealing a guy’s credit card, but that is not an endemic problem and doesn’t kill people.)
2. I and Chicanos Unidos gave Todd a lot of credit for streamlining the process for a reformed or totally innocent person to get themselves off a gang injunction. But as things developed, we got our first three clients off and then every other person we tried to help was rejected, with no reason given. It was like, that’s all the crumbs Todd is throwing to US, he’s got the nice reformist publicity he wanted.
3. I don’t know about this RECALL though, as I’ve mentioned to you-all. This will be insanely expensive for both you and the county if there IS a recall election, an impossible number of signatures to get, and most importantly THE ELECTION IS ONLY FOUR MONTHS AWAY. (Plus the theory, borne out by experience, that a politician who survives a recall comes out even stronger.)
The election is FOUR MONTHS FROM MONDAY, and we should be putting our time and resources into getting this information out, and helping Todd’s distinguished opponent. I’ll sign if you want, but it’s not going to happen, and you should be putting your energy into the June race.
I’m truly Honored and Humbled to see this in the Orange Juice Blog. It is my fervent prayer that it will be picked up by even more local and – GOD willing – National media outlets. In the meantime, I stand resolute in my belief that #ToddSpitzer ought to be recalled, without delay. I am thankful for the support of those who encouraged & emboldened me, every step of the way.
It is said that without suffering, there is no potential for growth. Further, before one can empathize with the horror of a victim falsely accused and named as the criminal, one must experience this tragedy first-hand.
As a victim I ought never to have endured the indignity of being put on trial for a crime not committed; I have; since the very hour of my acquittal had only one thing on my mind: MAKE TODD SPITZER PAY. For his crimes, transgressions and trespasses against me and thousands of others. He has indeed left a trail of tears in his wake. Well, now it is time to get on the path to Healing. We, as a Community must recover from what he subjected us to.
For 30 long months, I stayed mostly on the DL,other than some snarking on social media. It was New Years Eve of 2021 when I decided I had to move forward.
Because: if not me….. WHO ?
If not now….. ………….. WHEN ?
Please direct any compliments to the hard-working men & women of the OC Public Defender’s office. They deserve all the credit and then some.
#toddspitzerforprison2022 #lockhimup
please follow Instagram @toddspitzer4prison2022 & Tiktok @toddspitzerforprison2022
Again, my heartfelt thanks to you, Vern for publishing this and for Luis Huang for believing in me. While our political positions are polar opposite and my ideology didnt always sit well with Luis, he knew I was coming from a place of Compassion and he saw in my eyes a fire that would not be extinguished. I sincerely want every Defendant to enjoy the Rights afforded to them by our Constitution.
Its my duty to make the Halls of Justice of Orange County a place where prosecutors are mindful of their responsibility to uphold the law, NOT VIOLATE IT.
Wishing you all a Blessed Day.
Love Cameron is a democratic socialist – his woke agenda won’t be had here in OC.
Jaja – LC is a woke Democrat Socialist, otherwise she would back Todd. Not only that, the latest three pro-Spitzer comments (from “Brent Farlow,” “Aaron Carter” and “KylaMarie”) are all the same dumb person.
I wonder if this person knows he can cast but one vote for Todd Spitzer?
Brent Farlow, Aaron Carter, and Kyla Marie are all the same idiot — and it apparently takes them about six minutes to compose a two-sentence comment. I’d have guessed it would take at least 15.
This is Love Cameron, I am indeed a real person, I’m a South Asian female in the OC
& those who know me or have seen my social media ~ esp my twtr know I’m a Patriot & fierce conservative.
I think the confusion may stem from the fact that my friend Luis M Huang is listed as co-author because he submitted the blog post, but it’s legit mine. Anyone can assuage their fears of my potentially being a Dem Soc by viewing my twtr @asianluvcameron
I told y’all so.
And don’t forget Bible Boy, maybe the best example of Todd Alan Spitzer’s unhingedness.
DISCLAIMER: being as how this in its ENTIRETY revolves around lawyers I have to unpack & re-word so as to leave no room for alternative interpretation:
When I stated <>
I was referring SOLELY to the fact that these fine attorneys served as the Guiding Light & Inspiration ✝️ for my being able to turn a horrendous situation into an effort for the Greater Good. I was acquitted because Truth triumphed over Evil & Light over Darkness.
NO EMPLOYEES,OFFICIALS OR ASSISTANTS (INTERNS etc) affiliated with or acting on behalf of the OC Public Defender’s office had any involvement in the writing of this blog. They didn’t even know it was a thing until AFTER it was published online. They merely ignited in me the desire to #bethechange .
My sincere apologies if my above comment caused confusion.
4. LC touched on this, but I think it’s one of the biggest travesties of Spitzer’s term: the fact that he has refused to investigate and stood in the way of others investigating the Jailhouse Snitch Scandal. In his true egomaniacal form, his position is, “It’s in the past now, let it go, it will never happen again because I’M IN CHARGE NOW. Everything will be good BECAUSE I’M IN CHARGE NOW, and that’s all that matters.” And, as LC mentioned, all the prosecutors implicated in the scandal have been retained and even promoted.
This is like if Joe Biden right after his election announced, “We’re not going to look into January 6 and Trump’s attempted theft of our election, because it’s in the past, and it will never happen again, BECAUSE I’M IN CHARGE NOW.” And then he went on to hire and promote John Eastman, Rudy Giuliani, Jeff Clark, and Mike Flynn.
The Jailhouse Snitch Scandal caused real damage – to people, to institutions, and to public trust in institutions. And thanks to Todd, there have been no consequences for it. And when there are no consequences for major malfeasance, that malfeasance WILL happen again.
You need to be real careful here Love, kind of sounds like you might preaching and we all know what happens when you preach to Spitzer when he has a couple of tacos in him.
Fish tacos!
I’m late to the party this time, as I had no idea that this was coming and no idea that it had been posted, but I have a few comments, which comprise a mixed bag.
First: Anyone who thinks that “Love Cameron” is cozy with, or always supportive of, the reporting and opining on this blog should read this post:
https://www.orangejuiceblog.com/2021/04/free-tatiana-turner-is-orange-county-waging-a-war-on-black-lives-matter/
LC’s stance towards our poor little blog there can best be described as disdainful, and completely dismissive of Vern’s position on the arrest of Tatiana Tucker. LC describes themself as politically the “polar opposite” of Luis (which if so puts LC further to the right than I am to the left. So if someone describes LC as “woke” — you’re dreaming.
Second: I personally don’t like the styling of this critique as an “indictment,” particularly that it invites a misleading headline like this one. (Spitzer has not been “indicted,” FFS. But I wasn’t asked to provide a headline. I will provide my own critique, though.
Third: Any talk of a “recall” months before an election is ridiculous. Vern and I and others in this blog’s circle know how hard that is, especially without very ample funding. Ain’t gonna happen this year. Could it be earned in the future? Perhaps.
Fourth: OF COURSE Rackauckas help himself out to be ethical — remember, he was a judge before he became a DA! And he certainly defended the integrity of his office and its personnel as ethical, especially through his spokeswraith Susan Kang Schroeder and in court filings defending his practices. Some readers may be new to this topic, and they should not swallow that at all.
Fifth: Yes, Spitzer was fired by Rackauckas, but my recollection that it was based on some specious (i.e., bullshit) excuse that it looks like Vern has already covered in a note inserted into a story. Anyway, Spitzer’s firing was a positive, not a negative.
Sixth: That OC Weekly cartoon may have aged well in light of events since Spitzer took over, but it was not well-grounded when published.
Seventh: I don’t recall knowing much about Baytieh, but it bears noting that if the case that was overturned 20 years ago, that happened under Rackauckas rather than Spitzer. While we’ve taken on a lot of OCDA prosecutors over the years here, the only time I’ve seen Baytieh mentioned is in this story — https://www.orangejuiceblog.com/2018/01/last-years-lawngate-ends-typically-no-charges-against-reckless-la-cop-kevin-ferguson/ — about the Anaheim-resident LA cop who fired a warning shot when kids walked on his lawn. Baytieh didn’t decide to prosecute, but that was out of what may or not have been legitimate questions about whether the charges would stick. I’d be happy to hear more reasons why he real should be #1 on the firing list, but so far I don’t see it.
Eighth: I don’t even recall Tony LoGalbo (the capital “G” is for … insert your own joke here) being mentioned in the run-up to the election, let alone people having expectations about his removal. And he was best man at Spitzer’s wedding, the main longstanding friendship there was with Spitzer’s wife, not Spitzer, which I find at least somewhat mitigating as regards events of 3-1/2 years ago. But I sure do know who LoGalbo is now — and as I wrote recently I suspect that some of the unbridled and unhinged (and unhelpful, including to him!) character of Spitzer’s campaign this year may be specifically to detract attention from the LoGalbo-related issues.
Gaaaaahhhh, I’m only now getting to the heading REFORM, which towards the top includes some good stuff (! love teaching people about the “feasances”) that I think I’ll put off for a day or so. The question of who and what Spitzer within OCDA and the county Spitzer should have investigated (and in the case of “who,” fired or reassigned) is a very broad one, and I don’t actually know what investigations (as opposed to reported conclusions) have taken place. (Does anyone outside of the department know?) But regardless of my disagreements with some of the above, and more to come, I appreciate the contribution of the well-informed person who now becomes our most conservative writer. (And thanks to Luis for making this happen!) More anon!
“First.” I don’t care that LC was originally hostile to this blog and shot from the hip. When I responded politely and she saw that her voice was welcome here she changed her tune in a heartbeat. And I think she’s probably exaggerating that her politics are “the polar opposite of Luis'” which would make her a fascist… but then I don’t know for sure.
“Second.” I made up the title with “indict.” The word also has a colloquial use which I’ve heard, and I liked the startle value of the title – someone you’ve never heard of indicting the DA.
“Fourth.” Of course Tony would call himself ethical if asked, but it’s not what he RAN on like Todd. It wasn’t his “brand,” that was keeping white people and politicians safe.
“Sixth.” No, as of April 2019 it was beginning to look like a pretty safe bet that Todd was NOT gonna be the anti-Tony. That cartoon comes from this Moxley piece: https://www.ocweekly.com/todd-spitzer-da-cheating-oc/ which concludes: “Our new DA faces a fast-approaching deadline to redeem himself as the anti-Rackauckas. The statute of limitations to file charges against OCSD deputies who ran the slimy informant operations and committed already judicially recognized perjury may end within weeks of the publication of this column.”
“Seventh.” It’s not relevant that Baytieh screwed up that case while working for Rackauckas, it still shows his incompetence. But I talk more about Baytieh in my first comment above. The first time that the DA released investigation reports on police killings to the public was almost ten years ago in the cases of Manuel Diaz and Joel Acevedo. EVERY SINGLE ONE from then to now has exonerated the cops. And every single one was signed off on by Baytieh. Donna remembers him meeting her at Starbucks in his shades, briefcase in hand, and solemnly handing her the report on Joey. Most of these reports were totally slanted and full of lies and omissions. Baytieh signed off on every one.
OK, good responses. I’m happy for this to be a dialectic between us — and avid defenders of DA Spitzer should feel free to jump in any time! I’ll take these out of order:
#7: I’m guessing that 20 years ago Baytieh was a relative newbie. so screwing up back then does not indict his current level of competence. As for his signing off on even shoddy investigations, THAT WAS LITERALLY HIS JOB under the Rackauckas regime. It was “either do the job that Racky wanted or get fired.” So it is possible that he did not make the ethical choice — neither did Cyril Yu, as regards Judge Goethals (mostly because I just ran out of time), but we did give him a pass — not because he was eager to cheat but because he was not eager to lose his job. (Not a great defense, true, but it is a plausible one.) He may be doing it just as much under Spitzer, and that may be at Spitzer’s instigation or demand if so, but that doesn’t back up the assertion that “it was obvious that Baytieh should have been among the first fired.” (Paraphrasing.)
#1: That statement wasn’t to argue against you or against her. That was to preempt criticism from Spitzer or his supporters that her comments can be discounted because they come from the “woke liberals” at the Orange Juice Blog. She’s new here, and filing a story only through a proxy, but she ain’t liberal and she ain’t “woke” — whatever Spitzer thinks that “woke” means. (I’m still hoping that he’ll answer that question at some point. Does it include honoring Supreme Court decisions like Gideon v. Wainwright (right to counsel), Miranda v. Arizona, or Tennessee v. Garner — limitations on deadly force against fleeting felons? Then I guess he can call me “woke.” (Note: I recognize that each decision has been pared back over the years: Gideon in doctrine (e.g., Doughty), and in practice (absurdly unjust underfunding of public defenders and refusals to implement “Civil Gideon”); Miranda by several decisions as noted here; Garner by https://en.wikipedia.org/wiki/Graham_v._Connor/a>Graham v. Conner, etc. — but if Spitzer is running against “wokeness” he should make clear just what he means.)
#2: “WE ACCUSE” carries the ring of indictment on its own, but if you made that choice, so be it. I don’t think that torches and pitchforks help clarify the election.
#4: Spitzer did indeed run on ethics, and I don’t think that even his supporters could reasonably say that he shouldn’t be judged on that basis.
#6: Point taken, although in that event is was a few weeks premature.
I’m all for holding him to his campaign pledges, though! Anyone got a problem with that?
Good Evening, Greg in clarification of a few things: if you are a lawyer you should be knowing this: the murder conviction recently overturned in which Brahm #Baytieh was the prosecutor involved #prosecutorialMISCONDUCT, not mere “oversight” or negligence.
As I see it, we all have a innate sense of right & wrong. What separates us as human beings from animals is this thing called a *conscience*. Humanity has certainly advanced over the centuries with regard to whats considered acceptable treatment of one’s enemies/ adversaries; but from the Dawn of Time there have been those Enlightened Souls who have called society to adhere to a higher moral threshold. Most were conveniently dispatched into their next life by those they angered, but their efforts were not in vain. Think, Socrates.
Then there is the issue of professionalism. Again, since ancient times: those in certain trades have been required to hold themselves – and their colleagues – to a higher standard. For physicians, the Hippocratic Oath originated in Ancient Greece. As goes attorneys, I believe it was Lucius Seneca who helped codify Ethics in Ancient Rome. 1,500 years later St Thomas More again elevated the standards for the legal profession. Even barring the expectations set by the industry: it is beyond the pale for you to suggest that Baytieh ought to get a pass because he was “NEW”.
In the case in question, Baytieh deployed jailhouse informants, without disclosing them as such, but rather passing them off as cellmates who just had happenchance contact with the Accused. If you buy THAT, I’ve got some oceanfront property in Arizona on sale for half-price….today ONLY !!!! Perhaps you should’ve researched that case before excusing this criminal act by Baytieh.
Baytieh may well have been a product of the OCDA environment & no doubt he was just modeling the MO he saw others use, but to suggest he doesn’t know right from wrong is tantamount to agreeing with my contention that he is worse than unfit.
Lastly,for the rest of the readers who might well share your view that it’s the workplace climate rife with corruption that causes prosecutors to commit misconduct (and not their lack of conscience), I offer this analogy:
“I was just following orders” didn’t work out too well for Nazi prison guards in the Nurnberg Trials & methinks such defense has about as much validity today. And before anyone blasts me for a gross exaggeration: if prosecutorial misconduct results in an innocent person being executed, then idk what to call it but accessory to murder.
Finally, and this is directed at no-one specifically: I reject the narrative that only liberals or those who identify as leftist/ left-leaning care about #DefendantsRights. BONA-FIDE LEGIT Conservatives are actually *passionate* & zealous about #constitutionalrights because a cornerstone of our belief system is that citizens need protection from the government. The Bill of Rights was written to ensure that tyranny would be kept in check and that #wethepeople who entrust our elected officials with power can easily strip them of same.
It may not be relevant to the topic at hand, but many states, including scarlet-red (Republican) ones take prosecutorial misconduct far more seriously. The process of disbarring attorneys who disgrace the legal profession is easier in #NorthCarolina than in California. Just ask #MikeNifong. If the name isn’t familiar, google him. He is the posterboy for prosecutorial misconduct and #ToddSpitzer ought to end up just like him.
and with that, I’m OUT #micdrop
My heartfelt gratitude to Vern & Luis.
Should I call you “LC” or “Cameron”? Let me know.
As I say, I think that offering the sorts of challenges that a sober, fair, and earnest Spitzer might present were he here is useful to sharpening (and in some cases blunting) the critique, so please take that comment and this one in a collegial spirit.
On Baytieh: I am indeed a lawyer, which is why I can respond with this.
I don’t know whether you believe that “prosecutorial” pertains only to the prosecutor in the trial. It doesn’t: it applies to whole prosecutorial team. The clerk who maintains the evidence locker can cause “prosecutorial misconduct” by failing to deliver some relevant evidence, even without the attorney trying the case knowing about it. The supervisor can cause it by assuring the prosecutor that the office has faced situations like the one at hand many times and it is settled policy that the action being asked of the prosecutor is ethically permitted.
The big prosecutorial misconduct issue I’m aware of being raised against the OCDA’s office — not including the “snitch scandal” undermining of Miranda rights — is the failure to turn over “Brady material,” meaning exculpatory or mitigating evidence. This can be intentional, which makes it superbad, or all the way down to simple negligence without knowledge of it, which makes it bad. (And, again, we should not presume that the prosecutor on the case knows that this is even going on — or that, if a department is dirty, that prosecutor can prevent it even intentional malfeasance.)
So the possibility of mere negligence and the personal absence of personal involvement are two reasons why a prosecutor having an old case kicked for “prosecutorial misconduct” does not strike me as a clear indictment of that person. Does it get my attention? Sure. But I know that that’s not the last word. And yes, his being “new” and relying on supervisorial advice is absolutely pertinent to how I’d judge him.
“Perhaps I should have researched the case.” I roll my eyes at you, madam. You did not indicate the name or number of the case; nor did you provide any of the facts in your “indictment” that you belatedly do here. It looks like this is simply the old (and ugly) “jailhouse snitch” scandal coming up again. You show me that Baytieh came up with, or had a major role in implementing, the plot, and I will blame him accordingly. But we cannot presume either. (And frankly I doubt that he had the seniority then to do either. Maybe you know otherwise.) It’s pretty clear that this was standard operating procedure in the county, and I’m sure that lower-ranking attorneys were told that it was permissible. Do I think that they should have known better? Probably — but people don’t generally expect to be lied to about such things by their leaders. Do I think that it reflects on his character? Not really. As I mentioned, the Miranda rule has been slipping for quite a while now, and there may have even been a ruling somewhere that suggested that this was acceptable. Would you bet your fortune (if you have or can imagine having one) to the contrary?
Your claim, again, is that he should have been one of the FIRST to be fired, which suggests some great degree of responsibility and duplicity. Vern filled in some of that missing context in response to my comment, which makes the indictment stronger. And that’s one of the two desirable outcomes of dealing with a somewhat vague and incomplete “indictment” of someone: critical analysis of it will ideally either make the indictment either weaker or stronger. But I don’t see, based on what you presented initially, why he should have been more of a target for attack than genial, thoughtful respectable, often praised here before what I describe came to light Cyril Yu — who was (as I recall) the first OCDA prosecutor to follow supervisory directions to try to get Judge Goethals get kicked off of cases dealing with the snitch scandal (and perhaps Brady material more generally) on the basis that he was biased against the DA’s office. That seems like a lot more culpability that you originally aimed at Baytieh.
And from there you jump directly to the Nuremburg trial defenses! Look, the acts of Gestapo officers and high-ranking Nazis are immeasurably more extreme and damaging than even anything Rackauckas did. Please retain some perspective.
That said, I appreciate both your learned and erudite contributions to this discussion. (Anyone who brings up Seneca as you did is clearly on the ball.) And I entirely agree that this belief in defendant’s rights both is not and ought not be solely or even primarily a concern of the left. But bear in mind that, so far as I can tell, that is part of Spitzer’s pitch in this campaign! So until her defines “woke” in a way that is cogent and defensible, I’m going to continue to hold his feet to the fire, while carefully avoiding touching his butter knife.
I hope that you will continue to post and comment here; this sort of give-and-take is what makes good critiques better — and fairer — ones.
My favorite story about DA Spitzer is when he tried to have someone arrested for talking to him while having lunch. He’s an egomaniacal psychopath.
https://www.latimes.com/local/la-me-ln-spitzer-handcuffs-20150903-story.html
https://losangeles.cbslocal.com/2015/09/03/fearing-for-his-safety-oc-supervisor-says-he-got-gun-handcuffed-man-at-restaurant/
Yeah, that’s the “Yahoo Fish Tacos” story mentioned or alluded to above. You leave out some of the details, such as the guy was loudly preaching the gospel (or some such) and (at least in Spitzer’s view) harassing patrons. At some point, he ended up at Spitzer’s table and allegedly picked up a butter knife. At that point, Spitzer — who had spent some time as a cop and knew the relevant law, went out to his car and got the means to arrest him. Versions of the take differ as to whether the owners and the clientele reacted in gratitude or shock and fear. I don’t think that this is such a big deal: he was putting himself at risk for a lawsuit by doing this, and so he either thought that he was on pretty safe ground (and I’m in no position to say otherwise) or he thought that the person could easily be dissuaded from a civil suit (which so far as I recall didn’t happen.) If he was muscled into not suing Spitzer, that’s where it becomes a problem.
I think that there’s room to criticize Spitzer for introducing a gun into a situation where it represented a major escalation, although in this case it apparently convinced the preacher to docilely allow himself to be cuffed. My question is whether some “good guy with a gun” could have shot Spitzer under the impression that he was about to shoot the preacher, or conversely that Spitzer could have shot some “good guy with a gun” who pulled a gun on him, under the principle of self-defense.
Spitzer may think that it’s “woke” to worry about such things; I think that it’s absurd not to. In any event, I think that this sort of self-confidence, swagger, and blinkered belief in his being right is only tangentially related to his qualifications for continuing to serve as District Attorney, but you be you.
No, Bible Boy did NOT pick up a butter knife. Spitzer claimed that he “looked at it funny.” And then, bizarrely, Spitzer, believing this guy to be potentially dangerous, didn’t stay around to protect his family and the other clients, but went out to his car to fetch his gun and cuffs, so he could come back in looking like a LAWMAN. It was total nonsense and unhinged.
Actually it woulda been even weirder if the guy picked up a knife and Todd vanished for a minute.
Now, if the guy had quoted Matthew 10:34…
Huh? “He went to him and bandaged his wounds, pouring on oil and wine. Then he put the man on his own donkey, brought him to an inn and took care of him”?
Oops, sorry; that was Luke.
I HAVE COME TO BRING A SWORD.
Stop flaunting your excellent religious high school education!
Well, assessing supposed threats in such a way really doesn’t matter so much, unless he is some sort of prosecutor or something.
This may deserve its own story, but there’s now a third candidate for DA, Michael Jacobs, as Saavedra reported last week in the Register:
https://www-ocregister-com.cdn.ampproject.org/v/s/www.ocregister.com/2022/02/01/ex-prosecutor-joins-race-for-orange-county-district-attorney/amp/?amp_js_v=a6&_gsa=1&usqp=mq331AQKKAFQArABIIACAw%3D%3D#aoh=16442478050808&referrer=https%3A%2F%2Fwww.google.com&_tf=From%20%251%24s&share=https%3A%2F%2Fwww.ocregister.com%2F2022%2F02%2F01%2Fex-prosecutor-joins-race-for-orange-county-district-attorney
This is good news: the increasingly unpopular and deranged demagogue challenged by both a respectable conservative prosecutor and a progressive prosecutor with the full backing of the DPOC. This makes it very unlikely that anyone will beat 50% in June, and the race will continue to November (unless we see unprecedented blue turnout in the primary.)
The three of them will be debating at the North OC Bar Association on May 4. Hopefully there will be other debates sooner.
Bad news for Spitzer. In the article he tries to pin the Snitch Scandal on the new guy. Doesn’t seem like a very good idea to bring that up.
Well, I like this part of the description of Jacobs:
“He was fired from the District Attorney’s Office in 2001 after reporting then-D.A. Tony Rackauckas to state prosecutors for allegedly shutting down investigations into cronies.”
I don’t like his alleged ties to the snitch scandal. But despite the 2001 warning, he got his job back in 2003, so how does one explain that?
Speaking of which: if the use of jailhouse snitches dates back two decades, how did Spitzer not know about it when he worked for Rackauckas? Or DID he know about it? I can’t believe that I’ve never considered that before, but I had thought that the scandal was all post Spitzer’s firing.
This complicates Spitzer’s message enormously. I suspect that he’ll keep on aiming at Hardin while trying to dismiss Jacobs perfunctorily — but Hardin’s going to make any runoff anyway, simply on Democratic votes, and if Spitzer doesn’t address Jacobs he could get bushwhacked. We’d run out of pixels trying to describe what would happen if Spitzer didn’t even make it through the primary. (Not the way to bet, of course — unless you get odds.)
What is this crack pot talking about? Spitzer defends orange county. Get out of here.
Hoo, boy. Well he kept a Wahoos Fish Taco safe! No, wait, that’s not right. He brought a loaded gun into a public place to potentially escalate a confrontation with the completely harmless Bible Boy.
LMAO is Spizter really living rent free in this guy’s head? Spitzer will win in a landslide because he keeps people safe. period.
Spitzer keeps Spitzer safe. Safely in office. Many of his employees tell a different story.
You are as delusional as they come. I’m just gonna take a wild guess and say that your a supporter of this racist sexual aggressive idiot who will continue to cost the citizens of Orange County to pay for his mistakes losing lawsuits. But it’s ok that that he one loyal cult member
Isn’t this guy a failed candidate for local office and now disgruntled?
LOL, commenting under a FOURTH name – don’t you understand IP addresses? But seriously, no more lame-ass comments from YOU will be approved.
(Five more came in while I was typing this and they are trashed. Go find something wholesome and honest to do on your lunch break.)
Took the idiot seventeen minutes to compose this fourth comment. My previous estimate has been vindicated!
Is “Love Cameron” a real person?
Me thinks Greg’s superior legal mind might have just flip fucked this blog. We’ll see how you geniuses fare against mounting legal fee’s
Hey! This guy found an IP scrambler, me thinks!
Thanks for the warning, Mr. “NOberto.”
It’s so funny how they always say this. Bushala once told me his blog got these scary predictions all the time. He once told Jones Day to go fuck themselves when the giant law firm actually went so far as to issue a warning letter.
Word. If every time I’ve been threatened legally was a feather, I would have a mighty and colorful headdress.
I don’t think you thinks much as all. I have no idea what you’re talking about — nor, for that matter, what “flip fucked” means. Don’t just rely on spellcheck, BTW.
*Years ago, we lived next door to one of Tony’s Rac’s lawyers…..She was an outlyer and was upset that she couldn’t get either more money or a promotion as a woman. Toddy Boy has a very quiet staff himself. Has anyone done any research into how his group of prosecutors enjoy his leadership style. That of course was one of the raps on Tony…that he was more Style than substance, (which we thought was wrong, by the way!). Anyway, we are not close enough to the process to figure out whether his “worker bees” are defending him, angst against him or just giving him a demure. Meanwhile in LA, GASGONE definitely has to go. Can’t even defend the Containers on the Trains…..
what is that? His PR is in the dumpster…….can’t even do a decent Press Conference.
Would love to see him on Colin Nolin some Sunday!
When? Would love to read id
Just checked the Bar Court’s disciplinary log and I see nothing new about case 22-O-30348 or under her name.
I have not tended to spend a lot of time there, so it’s conceivable that I’m looking in the wrong place.
I think you responded to the wrong anonymous comment.
Huh. I think that the anonymous commenter may have responded to the wrong nonymous comment. Same IP.