IRVINE, CA- The U.S. Justice Depart. has announced it has begun a settlement agreement with the Orange County, CA, District Attorney on the use of custodial informants in Orange County jails.
The agreement settles DOJ’s investigation on custodial informant activity by the OCDA and Sheriff’s Department from 2007-2016, which found the OCDA had violated the criminal accused’s Sixth Amendment right to counsel and 14th Amendment right to due process of law.
Per the agreement, the district attorney agreed to maintain changes to OCDA policies and training to protect against misuse of custodial informants at Orange County jails. The OCDA also agreed to disclose to criminal accused’s exculpatory evidence about custodial informants.
The settlement agreement is a result of the cooperation of the DA and members of OCDA following the release of the DOJ’s investigative findings in October 2022. Another reason for the agreement is the result of systemic improvements initiated by the district attorney.
The evidence revealed by the department’s investigation showed that custodial informants in the Orange County Jail system were eliciting incriminating statements from accused represented by counsel.
The investigation also found that Orange County prosecutors neglected to seek out and disclose exculpatory information about custodial informants to defense counsel.
The Special Litigation Section of the Civil Rights Division conducted the investigation following 34 U.S.C. § 12601, which prohibits state and local governments from engaging in a practice of conduct by law enforcement officers that deprives individuals of rights protected by the Constitution.
In this case, that means the prohibition of the use of custodial informants in the manner conducted by the OCDA and Orange County Sheriff’s Department.
Since January 2021, the division has opened 12 investigations into conduct, enforcing 15 agreements with law enforcement agencies.
