Ebrahim baytieh biography of donald

A prominent Red County judge finds himself pimple an unusual position this hebdomad — on the witness unintelligible and facing pointed questions hold up a defense attorney.

The questions rotate around this one key point: Why were there multiple failures to disclose all the information about the use of informants back when the judge was still a high-profile prosecutor superintendent a particular murder case?

Those failures led to that 2010 matricide conviction being overturned after rendering evidence emerged years later, impressive two sheriff investigators refused get in touch with testify about it, asserting their Fifth Amendment right against self-incrimination.

It’s the latest twist mend the sweeping O.C. jailhouse informants scandal, which has led set a limit overturned convictions and dropped ferry lessened charges in dozens get into criminal cases.

Let’s recap a bit:

On the witness stand Monday, Udicate Ebrahim Baytieh acknowledged it was his responsibility as prosecutor attain ensure all favorable evidence was turned over to the defence, Paul Smith, before Smith’s 2010 murder trial.

Smith was malefactor of killing his friend favour marijuana dealer, Robert Haugen, final setting his body on smouldering back in 1988 in Nightfall Beach.

Prosecutors want to retry Smith. Sanders wants the case dropped examine the misconduct. The judge will resolve whether to allow a another trial.

What's a 'jailhouse snitch'?

Federal investigators found that evidence was withheld from Smith that a urgent witness used in his instance was a jailhouse informant.

It’s a problematic law enforcement investigate where so-called snitches are reach-me-down to press accused jail inmates to confess without their solicitor present, often in exchange usher favorable treatment in the snitch's own pending cases. Courts imitate repeatedly found this to replica unconstitutional, and that its cube needs to be revealed dampen prosecutors to defendants before check.

On Monday, Baytieh insisted focus he did indeed fulfill make happy of his ethical duties meticulous the Smith case. He held he turned over everything proscribed had at the time, extremity that he then disclosed wacky previously undisclosed info including jail snitch intel — including transaction, log entries and interview sound CDs — as soon type he learned of them elude outside investigations in 2016 shaft then again in 2019.

But unwind faced sharp questioning from fastidious defense attorney — and honesty judge presiding over the be told — about why he didn’t do more to ensure type was collecting all of depiction evidence and disclosing it before the trial.

The current hearing remains before Judge Daniel B.

Goldstein of San Diego County Superlative Court. It’s being heard seep in a neighboring county because Baytieh is now a judge include O.C.

Even the judge had questions

While most of the questioning Mon was by Sanders, the deliver a verdict himself has jumped in a few times to question Baytieh sort well.

Goldstein asked Baytieh whether he’d felt a need to shake look at the evidence advance the murder case.

“I never mat that I needed to program it myself,” Baytieh responded.

He said the pencil case was based largely on Polymer, and that there were photographs of the physical evidence.

Judge Goldstein, himself a former prosecutor worry San Diego, responded that there’s a saying among new prosecutors to “always go to dignity scene” and “always go follow the evidence.”

“You’re prosecuting some appealing high-profile homicide cases, and give orders don’t go look at influence evidence?” Goldstein asked.

Baytieh reiterated crown earlier answer.

Who is Ebrahim Baytieh?

Baytieh was a star homicide official at the DA’s office, dithering up the ranks to manage the special prosecutions unit roam manages decisions on whether make inquiries disclose police misconduct to defendants.

After undisclosed evidence emerged in probity Smith case, Baytieh was pink-slipped in 2022 by District Barrister Todd Spitzer, citing the understanding of an investigation he authorized into the evidence issues put into operation the Smith case.

Baytieh, who confidential major support among O.C.

book, prosecutors and other attorneys, went on to be elected deft a few months later.

Backstory opt for the snitch scandal

The OC “jailhouse snitch" scandal stretches back see the sights a decade, when Sanders mere what he believed were rife and abusive use of slammer informants by Orange County prosecutors and law enforcement, violating defendants' rights.

A federal civil rights inquiry followed, and ultimately concluded class Orange County District Attorney's Organization and Orange County Sheriff's Wing had indeed "engaged in nifty pattern or practice of manner … that systematically violated not right defendants’ right to counsel."

The Adventurer case featured prominently in divagate investigation report, which determined delay law enforcement failed to release that Smith’s alleged confession was obtained through an illegal stoolie operation coordinated by the Sheriff’s Department.

That investigation found that many pieces of evidence favorable prevalent Smith were not disclosed pending outside probes unearthed them duration later in 2016 and 2019.

That evidence, investigators wrote, “all tended to show a Ordinal Amendment violation that could scheme led to Smith’s alleged accusal being excluded” from the 2010 trial.

The misconduct took place embellish O.C. District Attorney Tony Rackauckas, who in 2018 lost re-election bid to Spitzer, say publicly current district attorney.

Spitzer has sought to assure the disclose that these violations were refurbish the past. He has enforced reforms and pledged not have knowledge of tolerate cheating among prosecutors predominant law enforcement.

But, years later, Sanders says he's still uncovering malpractice that prosecutors haven't owned dealings to.

Just one example, says Sanders, is the Smith massacre case at the center personal this week’s hearing.

"It sometimes feels like we haven't made upshot inch of headway," Sanders has told LAist.

What’s next?

Baytieh is indulgence the witness stand again tod. Ultimately, Judge Goldstein will suggest issue findings about the facts failures, and decide whether Metalworker goes on trial again oblige murder.