San Diego, CA
Misconduct allegations in OC murder prosecution center stage in San Diego courtroom
In a San Diego courtroom, the Orange County district attorney’s office and a defense lawyer are set to clash this month over sweeping allegations that top prosecutors have for more than a decade hid evidence of law enforcement misconduct.
Orange County Assistant Public Defender Scott Sanders will be asking a San Diego County Superior Court judge to order a special hearing on whether a former high-level Orange County prosecutor — now a judge — withheld evidence in a murder case and covered up the county’s illegal use of jailhouse informants.
Orange County Senior Deputy District Attorney Seton Hunt opposes Sanders’ request for a hearing, saying the allegations are part of a personal vendetta by the defense attorney against the former prosecutor and have no bearing on the real issue, which is the retrial of Paul Gentile Smith. Smith is accused of killing his boyhood friend and marijuana dealer in Sunset Beach.
Smith’s conviction was thrown out after revelations that ex-prosecutor Ebrahim Baytieh failed to turn over evidence that might have been beneficial to the defense. Sanders now wants the charges dismissed entirely based on the argument that the actions of Baytieh and others constitute “outrageous government conduct.”
Sanders and Hunt are scheduled to argue before Judge Daniel Goldstein on April 19 on whether the special hearing should be held. The Smith case was transferred to San Diego because Baytieh is a sitting judge in Orange County.
In his latest motion, Sanders accused Orange County District Attorney Todd Spitzer of failing to fully investigate accusations against Baytieh and failing to inform defense attorneys under the Brady notification system about law enforcement officers engaged in the illegal use of jailhouse informants.
Because of Spitzer’s alleged inaction, Sanders contends, Smith cannot get a fair trial.
“The refusal to investigate obvious wrongdoing undermines any reasonable faith that all favorable evidence will be disclosed in this case,” Sanders wrote in his motion.
Spitzer responded that he commissioned an independent probe on Baytieh’s conduct and terminated him as a result.
“It defies logic that I’m trying to protect Brahim when I fired him,” Spitzer said. “I’m happy to litigate any issues Mr. Sanders wants to raise in court.”
Spitzer added that he now must personally approve the use of jailhouse informants by his prosecutors, and no request has been made under his administration.
Spitzer took office in 2019 pledging to reform the agency after revelations that prosecutors and Orange County sheriff’s deputies were violating jail inmates’ civil rights by using a secret network of in-custody informants. Sanders launched a crusade to unmask the network, leading to a federal investigation that confirmed the illegal use of the informants.
Sanders now contends Spitzer is not following through with his promise of reform and is instead behaving like former District Attorney Tony Rackauckas in trying to protect Baytieh to save the murder case.
Sanders wrote that the D.A.’s office is now engaged in an office-wide effort to do “damage control” in the Smith prosecution.
Baytieh was fired from his top job in the district attorney’s office in February 2022 for not turning over the evidence. Baytieh’s supporters contend he was actually fired for whistleblowing on racially charged statements made by Spitzer in an unrelated double-murder case.
Sanders alleges Baytieh failed to disclose evidence that multiple informants were used in getting incriminating statements from Smith instead of the single informant disclosed to the defense. He added that more than a dozen other pieces of evidence that might have been helpful to Smith’s defense also were withheld.
Sanders has claimed that Baytieh, in his top position at the D.A.’s office, denied the existence of the informant network for years to keep anyone from finding out about his own misuse of the snitches.
He also alleged Baytieh did not include in the required Brady notifications the deputies who aided him in the illegal use of informants. Those deputies went on to participate in nearly 100 other cases in which defense attorneys were unaware of their alleged exploits and unable to use that information to question their credibility, Sanders said. Almost all of those cases ended in convictions.
After his firing, Baytieh was elected to the Orange County bench with substantial backing from other judges.
If granted the special hearing, Sanders could subpoena Baytieh to testify.
In the past, Sanders has used the evidentiary hearing process to unmask the surreptitious use of jailhouse informants, leading to one of the largest criminal justice scandals in the nation. By the time the dust settled, Sanders had gotten the district attorney’s office removed from the case against mass killer Scott Dekraai, who fatally shot eight people at a beauty salon in Seal Beach.
Because of the misconduct, Dekraai was given multiple life terms in prison instead of the death sentence.
Sanders now represents Smith, who was convicted in 2010 of stabbing Robert Haugen 18 times and torching his body in Sunset Beach. That conviction was dismissed because sheriff’s deputies indicated they would refuse to testify about allegations they had illegally used the informants.
In previous motions, Sanders said three informants were used by the prosecution and sheriff’s officials to engage Smith in a day room at the Orange County jail. Only one of the informants was disclosed to the defense, with no hint that it was an organized operation with two other informants.
In a recorded interview, one of the informants laid out the illegal plan to get Smith to incriminate himself. Although Sheriff Don Barnes has said the CD recording was properly booked into evidence by deputies, Baytieh did not turn it over to the defense.
Baytieh did not return a telephone message seeking comment Friday. A spokesman for the court has said judges are not allowed to speak to reporters on cases.
Nearly 50 years ago, the city of San Diego put an end to the nation’s first municipally recognized “clothing-optional” beach, banning nudity on a 900-foot strip of shoreline at Black’s Beach.
But today, beachgoers continue to stroll, sunbathe and frolic buck naked on that stretch of sand, in defiance of the law.
I can attest to this illegal behavior, having witnessed it myself. Let me explain.
During a recent visit to San Diego with my girlfriend, we came upon Black’s Beach at the base of 300-foot cliffs below the Torrey Pines Glider Port. No sign at the parking lot alerted us to the beach’s history. As we set down our beach chairs, we spotted two fellow beachgoers strolling by, sans bathing suits. And then a couple more lounging in their birthday suits. And then a few more.
“Didn’t you research this beach before we came?” my chagrined girlfriend asked.
Cue me, looking befuddled. Had I done my due diligence, this is what I would have learned.
The counterculture days
It was the 1970s in San Diego. Antiwar protesters marched in the streets. The Earth movement and the hippy-themed musical “Hair” were all the rage. “Nature freaks” roamed the city, said Carol Olten, a historian for the La Jolla Historical Society.
Amid the counterculture vibe, the San Diego City Council voted in 1974 to create what is believed to be the nation’s first “clothing-optional” beach. Secluded at the base of 300-foot cliffs and hard to access, Black’s Beach was the prime spot for it.
But a first-anniversary party at the beach — attracting more than 15,000 nude and semi-nude folks, playing volleyball, tug-of-war and wandering beyond the designated 900-foot boundaries — sparked opposition, primarily from wealthy homeowners on the bluffs above, who complained of drug use, sexual deviates and smoking. (No such problems existed, according to newspaper coverage and lifeguards at the time.)
Following a citywide advisory vote that favored banning nudity, the San Diego City Council ended the “clothing-optional” zone. Fines began at $15.
Who was Black’s Beach named for
William H. Black, a “rich guy” who made his money from oil in Texas, bought about 250 acres on the bluffs above the beach, according to Olten. “His two main interests were thoroughbreds and fancy cars,” she added.
Maddie Jarrell, left, from Carmel Valley, and Blake McDevitt, right, from Cardiff, walk up the path from Black’s Beach in La Jolla in October 2019.
(Howard Lipin / San Diego Union-Tribune)
Enforcement of the nudity ban
California is home to 32 nude beaches, according to Californiabeaches.com. The website notes that public nudity is banned across the state, but enforcement is mostly limited to state beaches. Black’s Beach, which is on city land, borders Torrey Pines State Beach. Neither San Diego police nor state park rangers would disclose how often they patrol or cite nudists at Black Beach, but locals say it is very rare. Even the city’s tourism agency mocks the enforcement of the nudity ban, saying on its website that “the only real deterrent” to going nude at Black’s Beach is “the hike to get there.”
Running from the law
Enforcement of the nudity ban has never been a high priority, but in March 1994 police rushed onto the beach in force, with a helicopter buzzing overhead. A suspected car thief had scaled down the cliffs, with police in hot pursuit, according to the San Diego Union-Tribune. To lose his pursuers, the thief shed his clothes to blend in among the nude sunbathers. When that didn’t work, he tried to swim away but was caught shivering in the surf.
“We arrested him naked,” a police spokesman said.
The week’s biggest stories
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(Centers for Disease Control and Prevention)
Health and Science
- A virus without a vaccine or treatment is hitting California. Here’s what you need to know.
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Staying in
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Kevinisha Walker, multiplatform editor
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How can we make this newsletter more useful? Send comments to essentialcalifornia@latimes.com. Check our top stories, topics and the latest articles on latimes.com.
San Diego, CA
California bishop who allegedly made several trips to Mexican brothel arrested at San Diego airport trying to flee US
A high-ranking California Catholic bishop who allegedly took more than a dozen trips to a Mexican brothel known for human trafficking and misused parish funds was arrested at San Diego International Airport while trying to flee the country.
Bishop Emanuel Shaleta, 60, a senior figure in the Chaldean Catholic Eparchy of St. Peter the Apostle, was arrested Thursday by San Diego Sheriff’s deputies following a months-long investigation.
“On Thursday, March 5, 2026, Bishop Emmanuel Shaleta was contacted and detained at the San Diego International Airport attempting to leave the country,” the San Diego County Sheriff’s Office said in a statement.
Shaleta faces eight counts of embezzlement, eight counts of money laundering, and one count of aggravated white-collar crime, officials said.
The arrest comes after Catholic news outlet The Pillar reported last month that the bishop allegedly diverted rental payments from church property for personal use and later covered his tracks with charity funds.
Over $427,000 is unaccounted for — but the true number could be as high as $1 million, the outlet reported.
The Sheriff’s Office said in a statement that it was contacted by someone from St. Peter Chaldean Church in August 2025.
“The church representative provided a statement and documents showing potential embezzlement from the church,” it said, without elaborating.
The Pillar also obtained documents from a Vatican-ordered investigation into Shaleta that alleged the bishop regularly crossed the border from San Diego to Tijuana, Mexico, to visit a strip club.
A private investigator documented Shaleta using a shuttle “exclusive to the club’s patrons” to visit the Hong Kong Gentlemen’s Club in Tijuana, the outlet reported.
The Hong Kong Gentlemen’s Club operates in Tijuana’s Zona Norte red-light district, an area that has long been scrutinized by law enforcement and anti-trafficking organizations.
Prior reporting has identified the club by name in broader examinations of sex-industry operations in Tijuana.
There is no allegation that Shaleta was involved in trafficking activity.
Shaleta submitted his resignation to the Vatican in January as a result of the Vatican-ordered investigation.
Meanwhile, the priests of the Chaldean Catholic Eparchy of St. Peter the Apostle issued a statement expressing support for Shaleta.
“After hearing all of the critics and attacks against our eparchy and bishop, we ask the Lord to protect our eparchy and bishop from all of the negative attacks. We are in solidarity with our eparchy and bishop,” the statement reads.
“We are awaiting the decision on this matter. Please continue to keep this eparchy in your prayers and remain faithful to the salvific mission of Christ.”
The 60-year-old was booked into San Diego Central Jail and is being held on $125,000 bail.
San Diego, CA
Church Stabbing; Liquid Meth Seizure; Starvation Death Conviction: San Diego County Crime Log
SAN DIEGO, CA — Here is a collection of this week’s police, fire and courtroom stories from across San Diego County.
City Heights Parents Convicted Of Murder For 3-Month Old’s Starvation Death
Copeland and Ucman, who were 21 and 22 years old at the time of the baby’s death, were tried this year in one trial by two separate juries.
Find out what’s happening in San Diegofor free with the latest updates from Patch.
Ex-La Mesa Math Teacher Sentenced For Sex Crime Involving Underage Student
Michael Davis, 35, who taught at The Learning Choice Academy in La Mesa, was arrested last year.
Find out what’s happening in San Diegofor free with the latest updates from Patch.
El Cajon Church Bishop Jailed On Embezzlement Charges
The regional law enforcement agency released no details on the circumstances that led to the allegations.
Man Injured After Pursuit In Stolen Jeep Ends In Crash In East County
Jesus Tizoc-Ocon, 18, suffered serious injuries and was taken to a hospital, according to the San Diego County Sheriff’s Office.
The trucker died at the scene of the crash, officials said.
Multi-Vehicle Crash Snarls Traffic On I-5 Near Carlsbad
Traffic on southbound Interstate 5 was heavily congested from state Route 78 to Cannon Road, according to the CHP.
Motorcyclist Seriously Injured In Suspected DUI Crash With Truck In Santee
A bystander and deputies provided first aid and applied a tourniquet to the rider to control bleeding.
Pedestrian Killed While Trying To Cross Highway In Oceanside: Police
The driver of the vehicle remained at the scene and cooperated with law enforcement, officials said.
Coast Guard Stops Boat With 14 Suspected Migrants Off San Diego
The panga-style vessel was stopped about 10 miles southwest of Point Loma, according to USCG officials.
Man Seriously Injured In Stabbing In Downtown Carlsbad
The suspect remains at large.
Boyfriend Arrested In Death Of Woman Found In San Diego Apartment
Officers reported seeing blood in several areas throughout the apartment.
Federal Jury Convicts Ex-San Diego County Deputy In Detainee’s Fatal Shooting
The trial was Aaron Russell’s second in federal court in connection with the shooting.
Man Accused Of Stealing Over $4K From Kohl’s Stores In San Diego County
Detectives found large quantities of stolen clothing when they searched his home and vehicle, according to the sheriff’s office.
Video Footage Of Non-Fatal La Presa Police Shooting Released
Officer Henry Ingram Jr. of the San Diego Police Department opened fire on Edwaun Walter Thames, 39.
Woman Airlifted To Hospital After Crash On 5 Freeway While She Changed A Tire
The woman was reportedly changing a tire on her car on the right shoulder when a pickup truck struck either her or her car, the CHP said.
Biker Suffers Fractured Femur In Crash With Vehicle In San Diego
A motorcyclist suffered a fractured femur during a crash with a vehicle in the Hillcrest community, authorities said.
E-Bike Rider Struck By Car In San Diego
He was taken by ambulance to a hospital, where he was treated for fractures to his vertebrae, jaw, multiple ribs and left wrist.
Man Fatally Struck By Hit-And-Run Vehicle In San Diego
The victim was also struck by a second vehicle and that motorist stayed at the scene to cooperate with officers, police said.
Police Investigate Church Stabbing In San Diego
A suspect believed to be in his late 20s was detained at the scene, then taken into custody without further incident, police reported.
San Diego Central Jail Inmate’s Death Ruled Accidental OD
The Sheriff’s Homicide Unit responded and was conducting an investigation.
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