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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 takes on Idaho after Bradley’s 27-point outing

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San Diego takes on Idaho after Bradley’s 27-point outing


Associated Press

Idaho Vandals (2-4) at San Diego Toreros (1-4)

San Diego; Sunday, 5 p.m. EST

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BETMGM SPORTSBOOK LINE: Toreros -2; over/under is 146.5

BOTTOM LINE: San Diego hosts Idaho after Kjay Bradley Jr. scored 27 points in San Diego’s 72-67 loss to the Southern Utah Thunderbirds.

The Toreros are 1-4 in home games. San Diego is 1-1 in games decided by 10 or more points.

The Vandals are 0-2 on the road. Idaho is sixth in the Big Sky scoring 35.3 points per game in the paint led by Julius Mims averaging 8.0.

San Diego scores 70.0 points per game, 7.3 fewer points than the 77.3 Idaho allows. Idaho averages 9.3 made 3-pointers per game this season, 0.9 more makes per game than San Diego allows.

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TOP PERFORMERS: Bradley is scoring 19.6 points per game and averaging 2.8 rebounds for the Toreros.

Mims is averaging 12.3 points and seven rebounds for the Vandals.

___

The Associated Press created this story using technology provided by Data Skrive and data from Sportradar.

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Brush fire breaks out near Otay Mesa

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Brush fire breaks out near Otay Mesa


Firefighters were battling a vegetation fire on Otay Mountain in San Diego County Saturday that had the potential to reach 200 acres, authorities said.

The fire was reported around 2:10 p.m. Saturday in the Otay Mountain Wilderness area, just east of Otay Mesa, according to Cal Fire San Diego. By around 4:45 p.m., the fire had spread to 58 acres but crews had already reached 10% containment.

“Fire crews are making good progress on the fire. There is currently no structure threat or evacuation,” Cal Fire wrote on X.

The San Diego Fire Department, the San Diego County Sheriff’s Office and the Bureau of Land Management were assisting in the effort.

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The cause of the fire was not immediately clear.

This is a developing story. NBC 7 will continue to update this page with more information as it arrives.





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Indigenous leaders from around the world gather in San Diego County to shape the future of sustainability

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Indigenous leaders from around the world gather in San Diego County to shape the future of sustainability


Members of the Kumeyaay Nation met with Indigenous leaders from around the world this week to discuss Indigenous ecological knowledge and envision how cities can incorporate it into their sustainability plans.

Held in celebration of Indigenous Heritage Week and Native American Heritage Month, the Sustainable Design Forum provided a space for Indigenous people to exchange their expertise on global issues such as wildlife conservation, climate change, deforestation and reef preservation.

The weeklong event featured panel discussions with leaders as well as cultural activities across the city, including a tule boat launch, art displays and a showcase of Indigenous films.

It was organized by San Diego Sister Cities and UC San Diego Global Initiatives and co-hosted by the Kumeyaay and Maasai people, an Indigenous group from Kenya.

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The event highlighted the commonalities between Indigenous people across the globe — from the Tembé people of Alto Rio Guamá, Brazil, Ryukyuan people from Okinawa, Japan, to the Noongar and Nhanda Yamaji people from Perth, Australia — in their struggle to preserve their land and ways of life.

“The land that we come from is on both sides of the border: Half is on this side, another half is in Baja California, Mexico,” said Stan Rodriguez, president of the Kumeyaay Community College, to a group during the forum on Thursday.

After having suffered against centuries of colonization, “it’s important for us to keep our identity of who we are as Native people,” he added. “And that struggle is worldwide.”

Other local tribal members were also a part of the forum, including Stephen Cope, the chair of the San Pasqual Band of Mission Indians, and artist Johnny Bear Contreras, who moderated the panel discussion and recently created a living land acknowledgement sculpture installation at San Diego State University.

Several of the international leaders were welcomed to San Diego on Monday at the San Pasqual Reservation Cultural Center in Valley Center, including Walter McGuire, of the Noongar people from Australia, who performed an Aboriginal song using boomerangs as musical instruments.

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“This has been a dream to bring us all together,” said Jessica Censotti, the executive director of San Diego Sister Cities, during the welcome ceremony.

Sister Cities International was founded in 1956 by President Eisenhower to establish connections based on “citizen diplomacy” — where residents could collaborate on economic, cultural, educational and community development without the influence of governments.

San Diego’s chapter was created more than 60 years ago and has 24 partnerships in 23 countries. But the Sustainable Design Forum, which has been in the works for nearly two years, is the first Indigenous gathering.

“We didn’t want just city-to-city, government-to-government,” Censotti said. “It was important … to bring Indigenous leaders together to create unity.”

Nashipae Nkadori, a member of the Maasai people of Kenya, said on Thursday evening before the panel discussion that she was most looking forward to sharing how her community is working to improve access to water. Currently, people must often walk 10 miles in the heat for water.

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Other Maasai representatives were set to discuss wildlife conservation and how Kenyans can coexist with wild animals outside of designated parks.

“I’m looking to learn from the people who are not from Kenya,” she said, as well as encourage other communities to “join our efforts in some of the work we’ve been doing.”

Nkadori described the Maasai as “the face of Kenya” and noted that the tribe has worked to maintain its cultural traditions and lifestyles amid modernization across the country. But they have been forced to change in some ways.

The Masaai are considered pastoral, living semi-nomadically as they move with their livestock. But over recent years, climate change has led to severe famine and droughts, as well as economic shifts, and families can’t afford to raise as many animals as in the past.

Thousands of miles away in Japan, the Ryukyuan peoples have faced their own challenges.

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Gabriel Sink traveled from the island of Okinawa with his sister and Kinjo Koji, a marine researcher who has played a key role in coral transplantation. Coral bleaching, caused by rising sea levels, has devastated large swaths of Okinawa’s reefs.

Sink, 22, said he’s glad to be able to help share Koji’s work on the global stage, especially since Okinawa is a small island and many of its inhabitants, especially those who are older, aren’t tech-savvy.

He’s also grateful to connect with other Indigenous communities that have faced years of oppression yet keep fighting for their languages and cultures.

“It’s so cool that everyone can meet up here,” Sink said. “I feel less alone.”

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