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Misconduct allegations in OC murder prosecution center stage in San Diego courtroom

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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.”

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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.

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“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.

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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.

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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.

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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.



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San Diego, CA

Roger Lee Kaehler

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Roger Lee Kaehler



Roger Lee Kaehler


OBITUARY

Roger Lee Kaehler passed away on December 2, 2024, with family by his side. He was born in 1940 as the youngest of four, and at three years old, his family moved from Minnesota to the San Francisco Bay Area to find work in the shipyards. After graduating from UC Berkeley, Roger spent two years in the National Guard and two years in the Peace Corps (serving in Nigeria), before teaching math and coaching boys basketball at Kennedy High School in Richmond, CA. In the 1990s, Roger formed a partnership with a friend in Scheller Construction in Novato, CA, and started a new career in real estate development. In his semi-retirement, he and his wife Aggie returned to San Diego County, and Roger spent as much time as possible in his happy place in the Anza-Borrego desert.

Roger is survived and remembered by his wife Aggie; daughter Patsy West; daughter Tammy Kaehler and son-in-law Chet Johnston; daughter Desiree West and son-in-law Vicente Bacilio; granddaughter Isabel Bacilio; honorary grandchildren RJ and Ashley Engler; and dozens of other family and friends who keep his spirit and legacy alive. We will forever remember him as a man with a huge heart, a sharp mind, a smart mouth, a mischievous smile, and more than his fair share of optimism. He usually managed to find the humor in any situation, and in doing so, he brightened the lives of those around him.

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What did Kevin McCallister’s parents do for a living? ‘Home Alone’ director speaks out

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What did Kevin McCallister’s parents do for a living? ‘Home Alone’ director speaks out


Originally appeared on E! Online

“Home Alone” director Chris Columbus finally put an end to the incessant wondering as to where Kevin McCallister’s parents got the funds to afford their beautiful—and massive — Chicago mansion.

“Back then, John [Hughes] and I had a conversation about it,” Columbus explained to The Hollywood Reporter in an interview published Dec. 24, “and we decided on what the jobs were.”

So what did Kevin McCallister’s parents do exactly? Well, the movie actually included a few hints. If you took note of the dancing mannequins Kevin (Macaulay Culkin) placed in the window to ward off the criminals Harry (played by Joe Pesci) and Marv (played by Daniel Stern), you may have guessed that Catherine O’Hara’s Kate McCallister “was a very successful fashion designer,” according to the director.

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As for John Heard’s Peter McCallister, the details are a bit more fuzzy.  

“The father could have, based on John Hughes own experience, worked in advertising,” the 66-year-old noted, “but I don’t remember what the father did.”

He did, however, know one thing for sure: Peter did not have a talent for forensics.

“Not organized crime,” he added, “even though there was, at the time, a lot of organized crime in Chicago.”

And with the mystery solved, you can finally practice your “Kevin!” pose in peace. After all, Culkin and Brenda Song’s sons are already doing the same.

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“He thinks he’s Kevin,” Culkin recently told E! News of his oldest Dakota, 3. “I’m like, ‘Do you remember going down that down the stairs on the sled?’ He’s like, ‘Mmhmm, yep. Sure do.’ I’m like, ‘Do you remember when he had yellow hair?’ And he’s like, ‘Uh-huh, yep.’”

“‘You’re a lying liar who lies,’” he recalled joking to his son. “That was me!’”

But Culkin’s brother Kieran Culkin — who shares daughter Kinsey, 5, and son Wilder, 3, with wife Jazz Charton—hasn’t quite had the same experience with his kids. In fact, he recently revealed that his children have yet to even see the movie.

“There’s still some scary parts,” the 42-year-old explained to E! News earlier this month. “For the 3-year-old, there’s the tarantula [and] there’s the guy at the end who said, ‘I’m gonna bite off all your fingers.’ That’s scary for a 3-year-old.”

However, the “Succession” star did tease that the first-ever family screening may be coming soon.

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“We think they might be ready for “Home Alone” this year,” he revealed. “If not, next year.”



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Got a medical question? This East County library has answers.

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Got a medical question? This East County library has answers.


Everyone has medical questions at one time or another, and it’s tempting to search the internet for answers instead of making a doctor’s appointment.

But that doesn’t always lead to the best information, said Holland Kessinger, head librarian at the Health and Wellness Library in La Mesa.

“Anybody can put anything out on the internet,” she cautioned. “We want people to really develop their health literacy and discern what quality and authoritative, reliable health information looks like, and Google is not always it.”

Kessinger said good advice can be found online, and staff at the library can help lead people to reliable sources such as MedLine Plus. For people who want hands-on material, the library has a collection of almost 5,000 items, including books on specific diseases, cookbooks in a nutrition section and children’s material with a play area.

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There’s also a DVD section of health-related movies and TV shows plus stations where people can check their blood pressure for free and small offices for patrons to research in private.

“We’re often stressed and emotional when we receive information about our health,” Kessinger said. “And so giving people quality information is really, really key to helping them stay healthy and get help.”

The library is at 9001 Wakarusa St., La Mesa, and was opened in 2002 by the Grossmont Healthcare District, which still runs it.

The district includes Alpine, El Cajon, Harbinson-Crest, Jamul, La Mesa, Laguna-Pine Valley, Lakeside, Lemon Grove, Mountain Empire, Santee, and Spring Valley. District residents can get a library card and check out material, while the library itself is open to anyone for on-site research.

Holland Kessinger is the head librarian at Grossmont Healthcare District’s Health & Wellness Library in La Mesa, shown here on Thursday, Dec. 19, 2024. (K.C. Alfred / The San Diego Union-Tribune)

Residents in the district also get priority to participate in programs such as fitness classes and Wellness Wednesday talks, and Kessinger said the library had just over 9,000 visitors in 2023 and about 3,100 in the last quarter.

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For district residents who can’t make it to the brick and mortar building, a mobile version will be coming to them sometime in the spring.

Grossmont Healthcare District CEO Christian Wallis, who has referred to the library as the best-kept secret in the county, said a van is being retrofitted and will bring library material to different areas of the district when it is up and running.

“Our library is a unique community resource and one of only a few consumer health libraries in the country,” he said. “The number of users from the immediate surrounding area has grown over the years. The Board of Directors’ intention in developing the mobile outreach library is to ensure everyone in East County has access to high quality, reliable health information.”

Kessinger said the library is not unlike any public library, although this one has just one section.

“It’s consumer health written for the average person,” she said. “Not for a medical professional, not doctors, not nurses, but for the average consumer. So there are very, very few public libraries that focus just on consumer health.”

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People take part in a fitness class outside the Grossmont Healthcare District's Health & Wellness Library in La Mesa on Thursday, Dec. 19, 2024. (K.C. Alfred / The San Diego Union-Tribune)
People take part in a fitness class outside the Grossmont Healthcare District’s Health & Wellness Library in La Mesa on Thursday, Dec. 19, 2024. (K.C. Alfred / The San Diego Union-Tribune)

The library, the only one of its kind in the county, includes an art gallery that is changed quarterly and currently features work created by participants in Family Health Center’s PACE (Program of All-Inclusive Care for the Elderly) program. In January, the gallery will feature work created by the San Diego River Artists Alliance.

One section is for health careers and used by many students in Grossmont Union School District’s Health Pathways program. Students and other visitors can find books on dental schools, medical emergency dispatching and how to become a nurse or a certified nursing assistant, among other subjects.

The library also has sections on men’s and women’s health, a display a vintage medical equipment and plastic models of human organs.

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