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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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Man fatally struck by hit-and-run vehicle in San Diego

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Man fatally struck by hit-and-run vehicle in San Diego


A man in the Mission Bay Park community of San Diego was fatally struck Sunday morning by a hit-and run vehicle, authorities said.

The victim was also struck by a second vehicle and that motorist stayed at the scene to cooperate with officers, the San Diego Police Department reported.

The initial crash occurred at about 2:20 a.m. Sunday in the area of West Mission Bay and Sea World drives.

The pedestrian was in the southbound lanes of the 2000 block of West Mission Bay Drive when he was struck by a silver vehicle also in the southbound lanes. That vehicle fled the scene, continuing southbound, police said.

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A 28-year-old man driving his vehicle southbound ran over the downed pedestrian.

“That driver remained at the scene and is not DUI,” according to a police statement. “The pedestrian was pronounced deceased at the scene.”

Anyone with information regarding the initial crash was urged to call Crime Stoppers at 888-580-8477.



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Here are the 9 San Diego County communities that set or tied heat records

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Here are the 9 San Diego County communities that set or tied heat records


San Diego County is known for having wet, cold weather in February. But it had numerous hot spells this year. And when the month ended on Saturday a high pressure system produced heat that broke or tied temperature records in nine communities from the desert to the sea, the National Weather Service said.

The most notable temperature occurred in Borrego Springs, which reached 99, five degrees higher than the previous record for Feb. 28, set in 1986. The 99 reading is also the highest temperature ever recorded in Borrego in February.

Escondido reached 95, tying a record set in 1901.

El Cajon reached 92, three degrees higher than the record set in 2009.

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Ramona topped out at 88, five degrees higher than the record set in 2009.

Alpine hit 88, four degrees higher the record set in 1986.

Campo reached 87, four degrees higher than the record set in 1999.

Vista hit 86, four degrees higher than the record set in 2020.

Chula Vista reached 84, one degree higher than the record set in 2020.

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Lake Cuyamaca rose to 76, four degrees higher than the record set in 1986.

Forecasters say the weather is not likely to broadly produce new highs on Sunday. Cooler air is moving to the coast, and on Monday, San Diego’s high will only reach 67, a degree above normal.

 



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Francis Parker captures Open Division girls basketball title

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Francis Parker captures Open Division girls basketball title


OCEANSIDE — The Frontwave Arena scoreboard showed 23 seconds remaining in the fourth quarter. Up 16, Francis Parker’s win over Westview High School for the CIF San Diego Section Open Division girls basketball championship was secure.

“No, no, no!” Parker head coach Courtney Clements screamed to freshman guard Jordan Brown, telling her there was no need to score.

So Brown walked the ball up the floor, from the backcourt, across midcourt, a 1,000-watt smile etched across her face.

With no Wolverines defending her, Brown dribbled from side to side across the logo. Then, a fraction of a moment before the final buzzer sounded, Brown flung the basketball high toward the rafters, then was engulfed by teammates.

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The job was complete. Parker’s first Open Division title in program history was secure, the final reading 66-50 on Saturday night.

Of those final seconds, said Brown, who scored 23 points. “It was a surreal moment, knowing we worked for this all year long. It’s amazing.”

One reason it was amazing was because the top-seeded Lancers (21-7) were a decided favorite, but were stressed by the sixth-seeded Wolverines (20-9). Led by UC Santa Barbara-bound senior guard Sarah Heyn (18 points in the first half), Westview led 35-28 early in the third quarter.

“I just knew I had to do whatever it took to win,” said Brown. “Whether that was defense or offense. I just wanted to win, period.”

Sparked by its defense, Parker closed the quarter on a 14-0 run.  Westview’s final 11 possessions of the quarter ended with five missed shots and six turnovers.

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Still, the game wasn’t over. Heyn cut the deficit to 48-44 with just over six minutes to play on a bucket. But with 5:47 to play, Heyn was whistled for her fifth foul on a reach-in.

“Knowing their best player fouled out, we sealed the win,” said Brown.

As for Heyn, who finished with 23 points, she sat on the bench and pulled her jersey over her eyes, hiding tears.

Clements’ thoughts when Heyn fouled out? “I hope we can put this game away now.”

Francis Parker High’s Jordan Brown shoots against Westview High during the CIF Open Division championship at Frontwave Arena in Oceanside on Saturday, Feb. 28, 2026. Francis Parker defeated Westview 66-50. (Kristian Carreon / The San Diego Union-Tribune)

That the Lancers did, outscoring Westview 18-6 down the stretch.

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The Lancers’ players and coach were effusive in their praise for Heyn, a four-year starter.

“She’s a great player,” said Brown.

“She played phenomenally,” said Clements. “She played the way you would think a senior would play in a championship game. She played desperately. She played every possession like it was the last 20 seconds of the game. She was extremely impressive. (Heyn buried five 3s, missing only once from deep.) She should be proud of herself.”

Clements was proud of her team for another reason. After blowing out two-time reigning Open Division champion Mission Hills by 26 in the semis, some thought Parker might cruise in the title game.

“I figured it was going to be a fight, and it was,” said Clements. “It was good that our girls had to come together, had to stick together. That’s what this is all about, developing character via the sport of basketball. When the kids face adversity, they have to make a decision. Who do they want to be? They showed the best version of themselves. That’s what I want to remember from a game like this.”

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Francis Parker’s primary color is brown, which is fitting for the girls basketball team. They are led not only by the freshman Jordan Brown, but also junior Brieana Brown, a strong, aggressive and athletic 5-foot-11 wing.

Brieana Brown scored 25 points and yanked down a team-best eight rebounds.

About the team in brown being led by the Browns (who are not related), Jordan Brown said: “It’s super cool. I love Bri and our story. So many people think we’re related, that we’re siblings. In reality, we’re not, but we play like it.”

Francis Parker High's Brieana Brown shoots against Westview during the CIF Open Division championship at Frontwave Arena in Oceanside on Saturday, Feb. 28, 2026. Francis Parker defeated Westview 66-50. (Kristian Carreon / The San Diego Union-Tribune)
Francis Parker High’s Brieana Brown shoots against Westview during the CIF Open Division championship at Frontwave Arena in Oceanside on Saturday, Feb. 28, 2026. Francis Parker defeated Westview 66-50. (Kristian Carreon / The San Diego Union-Tribune)

Francis Parker and Westview both will advance to the Southern California Regionals.

Earlier in the season, Clements — who was dressed in all black for the championship game — confessed she wasn’t crazy about Parker’s primary color. Her mood shifted Saturday night.

“Brown’s doing well for me now,” she said.

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Asked if Lancers’ Brown squared tandem represents the best one-two girls basketball punch in the San Diego Section, Clements gave the questioner a “What do you think?” smirk.

“That,” said the coach of the Open Division champions, “is a no-brainer.”



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