The sad fact is that most good citizen types have a fantasy world belief system about the police. They believe that police officers don’t do bad things to people who don’t deserve it, and that for the most part, most of the claims that we all hear about of police brutality and other police transgressions are either false, overblown and extremely rare. Chances are that if you are reading this article, that: 1) you used to be one of those fantasy world types and 2) you are not that way any more.
ALL ORANGE COUNTY POLICE AGENCIES ARE INSTITUTIONALLY DISHONEST, AND SOME ARE SIMPLY BRUTAL, SADISTIC AND ROUTINELY PROCURE THE BOGUS CRIMINAL PROSECUTION OF THEIR VICTIMS.
In today’s world of civil litigation and a never ending cascade of civil judgements against police officers and their employing entities,police agencies are in the real world, never really honest and forthcoming. It is just not within them. Their political office and desire to remain there or to attain higher office will generally cause otherwise honest public servants, to deny that not proven by video or audio recordings, or other real evidence.
In the real world, there is no such thing as perjury. Perjury takes place in virtually every trial in some form. Ask any trial lawyer, judge, court reporter, clerk and bailiff. If the court staff had a nickel for every canard or prevarication or outright lie told by a peace officer in a California state or federal courtroom, they would be richer than Bill Gates. There are two sides testifying in every civil trial. Someone is lying; one or the other. Same thing in criminal cases, except because of one’s right not to be called a a witness against oneself at trial (U.S. Const. Amend. 5), “There ain’t no lying when there’s no testifying”. Moreover, in California, perjury requires either two witnesses or one witness whose testimony can be corroborated:
Cal. Penal Code Section 118 provides:
“(a) Every person who, having taken an oath that he or she will testify, declare, depose, or certify truly before any competent tribunal, officer, or person, in any of the cases in which the oath may by law of the State of California be administered, willfully and contrary to the oath, states as true any material matter which he or she knows to be false, and every person who testifies, declares, deposes, or certifies under penalty of perjury in any of the cases in which the testimony, declarations, depositions, or certification is permitted by law of the State of California under penalty of perjury and willfully states as true any material matter which he or she knows to be false, is guilty of perjury.
This subdivision is applicable whether the statement, or the testimony, declaration, deposition, or certification is made or subscribed within or without the State of California.
(b) No person shall be convicted of perjury where proof of falsity rests solely upon contradiction by testimony of a single person other than the defendant. Proof of falsity may be established by direct or indirect evidence.”
THE GOOD OL’ BOYS NEVER LEFT ORANGE COUNTY.
Brad Gates is perhaps Orange County’s most colorful politician, a 6-foot-4 San Juan Capistrano native who got his first taste of policing as a member of the Sheriff’s Junior Mounted Posse, a volunteer organization that patrolled on horseback. He referred to himself as a “cowboy,” and his office adornments include the souvenir book “Sheriffs of the Wild West.”
In 1989 Orange County Sheriff Brad Gates has finally had a verdict rendered against him for violating the civil rights of a political rival by using sheriff’s investigators by tape-recording their conversations and trumping up charges against them. He also essentially sold Carry Concealed Weapon permits to his campaign contributors.
Sheriff Gates is perhaps Orange County’s most colorful politician, a handsome, 6-foot-4 San Juan Capistrano native who got his first taste of policing as a member of the Sheriff’s Junior Mounted Posse, a volunteer organization that patrolled on horseback. He sometimes refers to himself as a “cowboy,” and his office adornments include the souvenir book “Sheriffs of the Wild West.” He announced his intent to retire in 1997.
THE ELECTION FOR ORANGE COUNTY SHERIFF OF 1998; MIKE CARONA vs. PAUL WALTERS.
In a bitter contest between two former friends, in 1998 Orange County Marshal Mike Carona beat Santa Ana Police Chief Paul M. Walters by several points in the race to succeed longtime county fixture Brad Gates and become the first new Orange County sheriff in 24 years. Brad Gates had his own sordid history of cronyism and corruption during his 24 years as the Sheriff of Orange County.
Orange County, California had a Sheriff’s Department that was run by Sheriff Mike Carona, who was released from federal prison in 2015 for witness tampering (instructing witness (Assistant Sheriff Don Haidl) to lie to a federal Grand Jury.) Carona was the Head Marshall for the Orange County Marshall’s Office, that used to serve as the bailiffs and the court security personnel at the Orange County Courthouse. The County Marshall’s Office used to also serve “civil process” and executed arrest warrants.
Until Sheriff Carona went to prison, Orange County was a fantasy assignment for those truly sadistic peace officers, who “get-off” on beating inmates and arrestees. Carona’s Assistant Sheriffs, George Jaramillo and Don Haidl were both criminally prosecuted.
Mike Carona was the former head Orange County Marshall before the Sheriff’s Department took over Court Services, such as bailiffs in the Court rooms. He was never a line / street cop. When Sheriff Carona ran for Sheriff his campaign and political tactics were influenced to commit unlawful acts by the same two Gentlemen who did the same with the 1998 campaign for District Attorney. Gabriel Nassar and Eugene Abbadessa convinced both newly elected Sheriff Carona and newly elected District Attorney Tony Rackauckas both “sold” bages (Carona; Deputy Sheriff’s badges [Reserve]) and “Commissioner” badges (for the Tony Rackauckas Foundation) for a $5,000.00 “constribution”.
Following Sheriff Mike Carona’s conviction for witness tampering (and his trip to federal prison), Sandra
Hutchens was appointed by the Orange County Board of Supervisors in 2008, and thereafter elected Sheriff in 2010.
Although Sheriff Hutchens really did dramatically reduce the incidents of beatings of inmates by jail deputies, and also somewhat reduced the level of brutality being inflicted upon innocents and others by sheriff’s department deputies on the streets, she brought trouble with her from Los Angeles, and that trouble has finally been exposed.
The Orange County Sheriff’s Department and the Orange County District Attorney’s Office have been involved in felonious, unconstitutional and tortious conduct by using jail house informants to obtain incriminating statements from jail inmates. See, Jail informant scandal: O.C. sheriff apologizes but says any misconduct was limited to ‘a few’ deputies, Los Angeles Times, May 23, 2017.
Most people think, “Oh well, they’re just getting the guilty guy to confess to what he did so what is the big deal?” Here is the big deal.
First, the way that the Orange County Sheriff’s Department, in conjunction with the Orange County District Attorney’s Office, obtained “admissions” and “confessions” from those whom they did not have sufficient evidence to prosecuted, and often even to have arrested them.
The United States Constitution provides that you have the right to counsel at any critical stage of a criminal proceeding, and you also have a right against self-incrimination. Contrary to popular belief, the police have never been required to read “your rights” (Miranda warnings, right to counsel and right against self-incrimination, Miranda v. Arizona, 384 U.S. 436 (1966)) when then arrested you. The police are never really ever required to be read to an arrestee their Miranda warnings. It does not invalidate the arrest at all.
However, if the police desire to question the arrestee while in police custody, unless they are first advised of their right to counsel and right against self-incrimination (i.e. Miranda warnings) the prosecution cannot introduce those statements into evidence at trial.
The idea is that being questioned by the police is so inherently coercive, that in 1966 held that if you are in police custody, unless the police advise you of your right to counsel and right against self-incrimination before they question you, then your answers to their questions can’t be introduced against you at your criminal trial, unless you get on the stand and testify (the exclusionary rule is not a license to lie in court).
Because police inmate informants are not believed by the “confessing / admitting” inmate to be a police officers, the taint of coercion generally does not lie when the snitch / agent inmate gets his fellow inmates to admit or confess.Therefore, there is no fifth amendment / self-incrimination issue when one jail inmate obtains and admission or confession from another.
However, even if the inmate is not entitled to be given his/her Miranda warnings prior to questioning by a police agent (i.e. the fellow inmate asking questions to the defendants about his crime at the behest of the police), they inmate is nonetheless entitled to his lawyer being present. Ergo, if criminal charges have been filed by the District Attorney’s Office, the fellow inmate / police agent cannot question about the suspected crime, and any statements made to the jail informant is excludable from evidence as a violation of the defendant’s right to counsel under the six amendment to the Constitution.
Moreover, the Orange County Sheriff’s Department has long used paid real live gangsters to basically threaten arrestees and criminal defendants with being beaten or murdered by the Mexican Mafia if they don’t say what they want you to say while they are surreptitiously recording the defendant.
This bad enough. However, over a several year period the Orange County Public Defender’s Office and Orange County Superior Court Judge Thomas Goethals have uncovered basically thirty years of these types of unlawful use of jail inmates by the Sheriff’s Department and the District Attorney’s Office. This conduct is felonious. 18 U.S.C. § 242; violation of federal constitutional rights under color of authority)
Both agencies have for several years now simply denied the existence of these illegal snitch programs; programs that not only violated the technical rights of the accused, but that actually framed many innocents in the process. That is the real problem; inmate gangsters getting innocents to make incriminating statements for $1,500.00 per day (that is no joke). See, 2 jailhouse snitches, who were paid $335,000 over 4 years, spark new legislation”, Orange County Register, March 22, 2017.
Sheriff Hutchens has announced her resignation, and District Attorney Tony Rackauckas continues to deny the undeniable; that his agency has withheld highly exculpatory evidence in even capital cases.