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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

UC San Diego protesters say they're committed to keeping the peace

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UC San Diego protesters say they're committed to keeping the peace


Students at UC San Diego remained in their encampment of support for Palestinians in the Middle East on Thursday, the second day of the protest, near the Geisel Library.

The UCSDivest Coalition is demanding a cease-fire in the Israel-Hamas war. Among the group’s other demands is a call for the university to divest from all of its Israeli financial interests.

“We won’t leave until our demands are met,” said Hala Abdullah, a senior at UC San Diego with extended family in the West Bank.

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Hala Abdullah is a UC San Diego senior with extended family in the West Bank. She is staying in the encampment while also attending classes, La Jolla, Calif., May 2, 2024

She joined hundreds of other students and community activists who say they do not want violence to erupt at their camp as has happened on so many other campuses in the past week.

“The amount of cultures, identities, and religions that we have in this encampment, in this community that we have created is bringing us together,” Abdullah said. “It’s not just centered on Gazan people, but it’s centered on all marginalized and oppressed people across the world.”

UC San Diego is on a quarter system, which means students still have about a month left for their regular classes. Some faculty support this protest and are using it for a teachable moment.

Curtis Marez is a UC San Diego professor of ethnic studies who joined the encampment protest, Thursday, in between teaching his classes, La Jolla, Calif., May 2, 2024

Curtis Marez is a UC San Diego professor of ethnic studies who joined the encampment protest, Thursday, in between teaching his classes, La Jolla, Calif., May 2, 2024

“If you oppose student movements on campus, you’re really on the wrong side of history,” said Curtis Marez, holding a sign of support in front of the encampment Thursday.

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He is a professor of ethnic studies who protested in between teaching his classes.

“Free speech protests, anti-war protests, protests for ethnic studies … all of those things have been on the right side of history and good, even though they were opposed by administrations at the time,” Marez said.

So far, the university has not responded to the group’s demands. Officials say they are committed to keeping everyone safe. UC San Diego’s chancellor Pradeep K. Khosla has said he supports the right to free speech. He, however, has also released a statement stating the encampment “violates campus policy,” which prohibits unauthorized encampments.

Hundreds of students with the UCSDivest Coalition are rotating protestors through their encampment along Library Way on campus, La Jolla, Calif., May 2, 2024

Hundreds of students with the UCSDivest Coalition are rotating protestors through their encampment along Library Way on campus, La Jolla, Calif., May 2, 2024

For now, the encampment remains.

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In the spirit of community, organizers have planned for a visit from a rabbi on Friday, along with study groups for student protesters, daily prayer time, and sharing of stories.

“The way to learn about people, about cultures, and history is through storytelling,” Abdullah said.



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San Diego weekend arts events: Incarcerated artists, 'Stir' and ballet

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San Diego weekend arts events: Incarcerated artists, 'Stir' and ballet


Top picks

‘Voices on the Inside’

Poetry, Visual art, Photography | “Voices on the Inside” is a new exhibit of self-portrait photography and poetry by incarcerated women from California, Oklahoma and Tijuana at the Central Library. Led by the nonprofit Poetic Justice, the project explores the way writing, photography and creative self-expression can be restorative and healing. Participants worked with photographer Lisa Loftus to learn the art of portraiture. The resulting exhibit features these photographs along with the incarcerated artists’ poetry and audio recordings of interviews.

Lisa Loftus

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Poetic Justice

A photograph of Tamara is part of “Voices on the Inside,” on view at San Diego Central Library’s Popular Library Fairway through July 31, 2024.

One of the curators and advisors on the exhibit is Dr. Reka Barton, who said that the design of the multimodal exhibit is intended to inspire audiences to action.

“The issue of mass incarceration is everybody’s problem. It’s a systemic issue. So this isn’t something that you’re passively taking in and just walking through. We want you to understand, educate yourself and feel the call to action to actually produce change,” Barton said.

Details: [Event information] Opening reception is 1-4 p.m. Sunday, May 5. On view through July 31. San Diego Central Library – Popular Library Fairway, 330 Park Blvd., downtown. Free.

The Big Exchange

For more arts events or to submit your own, visit the KPBS/Arts Calendar. If you want more time to plan, get the KPBS/Arts Newsletter in your inbox every Thursday to see event picks for the weeks ahead.

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Visual art, Family, Museums | The Big Exchange is a reciprocal admission program from the San Diego Museum Council, and it runs May 1-18. If you’re a member of any of these 50 museums, you can use that membership to visit any (or all!) of the other museums on the list. Some already offer free admission, but here are a few of the actual bargains: Birch Aquarium, California Wolf Center, Comic-Con Museum, Fleet Science Center, Japanese Friendship Garden, Living Coast Discovery Center, Maritime Museum, Mingei International Museum, Museum of Contemporary Art San Diego, Museum of Making Music, San Diego Museum of Art, San Diego Botanic Garden, The Nat, The New Children’s Museum and more. Check the list for restrictions, as some museums require advance reservations.

Details: [Event information] May 1-18. Various locations. Free.

"Stir" co-playwright Melinda Lopez is shown in an undated photo.

Adam DeTour

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The Old Globe

“Stir” co-playwright Melinda Lopez is shown in an undated photo.

‘Stir’

Theater | I was lucky enough to see a staged reading of this play, then called “The Black Beans Project,” during the Old Globe’s Powers New Voices Festival early last year. Playwrights Melinda Lopez and Joel Perez were commissioned by the Globe, and this is the official world premiere, directed by Marcela Lorca.

The play follows two siblings who reconnect — virtually — to try to make their mother’s favorite recipe. I could practically smell the meal being prepared, even though no actual onions sizzled in any pans on stage. It’s a beautiful story that holds food as the backdrop for the siblings to explore loss, trauma and their own relationship.

Details: [Event information] Low-cost previews begin May 4. On stage through May 26. The Old Globe, 1363 Old Globe Way, Balboa Park. $33+.

‘Notes On Killing Seven Oversight, Management and Economic Stability Board Members’

Theater | Playwright Mara Vélez Meléndez’s 2022 play, “Notes on Killing Seven Oversight, Management and Economic Stability Board Members” follows a Puerto Rican trans woman, Lolita, who ends up storming the Wall Street office of the Puerto Rico Oversight, Management and Economic Stability Board. This is a co-production with Moxie Theatre and Diversionary Theatre, and performances are held at Moxie.

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Check out our KPBS Spring Arts Guide interview with director Andréa Agosto about her family’s roots in Puerto Rico, which are part of what drew her to this story. “To even do any theater with, for, by, or about Puerto Ricans, I honestly wasn’t sure that that would happen for me,” Agosto said.

Details: [Event information] On stage May 5-26. Moxie Theatre, 6663 El Cajon Blvd., Rolando. $20-$46.

‘Celebrating Asian American & Pacific Islander Fashion and Stories’

Visual art, Fashion | The Bonita Museum and Cultural Center will open an exhibit that showcases fashion and traditional attire from countries and communities of Asia and the Pacific Islands, connected with family stories. In the May 4 opening reception, modern fashion designer (and Project Runway contestant) Kenneth Barlis will tell his story, and Asian Pacific chefs will offer tastings.

Details: [Event information] Reception is 3-6 p.m. May 4. On view through May 26. Bonita Museum and Cultural Center, 4355 Bonita Road, Bonita. Free.

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Dancers from City Ballet of San Diego are shown in an undated production photo for "Carmina Burana."

Dancers from City Ballet of San Diego are shown in an undated production photo for “Carmina Burana.”

‘Carmina Burana’

Dance, Ballet, Music | City Ballet of San Diego’s production of a ballet of Carl Orff’s 1936 masterpiece “Carmina Burana” is set during the 1929 stock market crash. The work is choreographed by City Ballet’s Geoff Gonzalez. The company will also perform Mozart’s “Concerto for Flute, Harp and Orchestra” in what they refer to as a “tutu ballet.” Read more about the program, and the husband-wife duo of choreographer Geoff Gonzalez and dancer Ariana Gonzalez in our KPBS Spring Arts Guide feature here.

Details: [Event information] 8 p.m. May 4 and 2 p.m. May 5. California Center for the Arts Escondido, 340 N. Escondido Blvd., Escondido. $39+.

Junction Trio

Music, Classical | La Jolla Music Society hosts violinist Stefan Jackiw, pianist Conrad Tao and cellist Jay Campbell to perform three unique and diverse works for piano trio by Ives, Beethoven and John Zorn. Each performer is highly regarded on their own, and together as an ensemble, the grouping is electrifying.

Details: [Event information] 3 p.m. Sunday, May 5. The Conrad Prebys Performing Arts Center, 7600 Fay Ave., La Jolla. $46-$83.

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Feminist Image Group: ‘Women Work Together’

Visual art | Working in “duets,” 22 women artists will present works that merge their individual styles and celebrate the collaborative process. Artists include Alessandra Moctezuma, Doris Bittar, Kathi McCord, Kathleen Mitchell, Minnie Valero, Linda Litteral and many more.

Details: [Event information] Opens with a reception from 6-8 p.m. Friday, May 3. On view through Sept. 6. Mandell Weiss Gallery, 2650 Truxtun Road, Liberty Station. Free.

Camarada: ‘Soundtrax’ at the Mingei and Bread & Salt

Music, Classical, Visual Art | The magnitude of cinematic sound will be combined with the unmistakable intimacy of chamber music in local ensemble Camarada’s “Soundtrax” performances. Camarada is a notably talented ensemble led by flutist Beth Ross Buckley. In addition to works by iconic film composer John Williams, they’ll also perform Phillip Glass, Nino Rota and Koji Kondo. Composer Gilad Cohen, who has composed scores and soundtracks for theater, will join the ensemble for a discussion. Two performances will take place at two unique San Diego art spaces: Mingei International Museum (museum admission included in ticket price) and Bread & Salt’s Brick Room (gallery admission is always free).

Details: 7:30 p.m. May 2 at Mingei International Museum, 1439 El Prado, Balboa Park, $35+. 7:30 p.m. May 4 at Bread & Salt, 1955 Julian Ave., Logan Heights, $25+.

More arts and culture events

‘Giselle’
Dance, Ballet | San Diego Ballet presents “Giselle.” Artistic director Javier Velasco has adapted the story into Spanish Colonial California, with ghostly Lloronas as the ballet’s “Wilies” — spirits of women scorned by lovers and seeking revenge on all men. Event information. 8 p.m. May 4 and 2:30 p.m. May 5 at Balboa Theatre, 868 4th Ave., downtown. $35+.

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Mainly Mozart and Promotora de las Bellas Artes: ‘The Sea Unites Us’
Music, Classical, Youth | Mainly Mozart’s youth ensemble will join with Tijuana’s Promotora de las Bellas Artes children’s choir, plus other ensembles. One of the pieces performed is by composer Jorge Cózatl, who was inspired by ocean research and collaborated with Tijuana-based rapper Danger on the piece. Event information. 5 p.m. Sunday, May 5. Epstein Family Amphitheatre, 9500 Gilman Drive, UC San Diego. Free.

Sound of Music Singalong: Oceanside
Music, Film | The Greater San Diego Music Coterie is hosting its third annual “Sound of Music” singalong. Singers of all abilities are welcome to join in on the classic movie’s hits. Event information. 2:30 p.m. Sunday, May 5 at King of Kings Lutheran Church, 2993 MacDonald St., Oceanside. Free.

Evgeniya Golik, 'Esoterica'

Evgeniya Golik, ‘Esoterica’

Evgeniya Golik, ‘Esoterica’
Visual art | Sparks Gallery will open an exhibit by Russian-born artist Evgeniya Golik, showcasing her fantastical, surreal work that’s as beautiful as it is unsettling. Event information. Opens with a reception from 5-8 p.m. May 4. On view through June 30. Sparks Gallery, 530 6th Ave., downtown. Free.

Le Salon De Musiques: ‘Masterpieces By Tchaikovsky, Korsakov, Rachmaninoff & Gretchaninoff’
Music, Classical | This month’s chamber salon concert features works for soprano and piano by Tchaikovsky, Korsakov and Rachmaninoff, as well as a U.S. premiere of a piano trio by Gretchaninoff. Event information. 4 p.m. Sunday, May 5. La Jolla Woman’s Club, 7791 Draper Ave., La Jolla. $45+.

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‘The Art of Experience’: Ted Berryman and Martha Moramay Cuevas
Visual art | A new Golden Hill community arts space, Union Hall, will open up their first exhibit on May 4, featuring the work of sculptor Ted Berryman and painter Martha Moramay Cuevas, Berryman’s late wife — in partnership with Santa Ysabel Art Gallery. Event information. Opens with a reception 4-8 p.m. Saturday, May 4. On view through June 16. Union Hall Gallery, 2323 Broadway Ste. 201, Golden Hill. Free.



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San Diego FC could secure a major boost with the potential signing of Hirving Lozano from PSV

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San Diego FC could secure a major boost with the potential signing of Hirving Lozano from PSV


This time, attention turns to San Diego FC, which seems poised to secure a significant reinforcement: Hirving Lozano, the talented Mexican winger from PSV. Advanced negotiations between the parties indicate that the player, known as “Chucky,” may be on his way to the United States for an estimated fee of around $12 million. If confirmed, this signing could represent a major boost not only for San Diego FC but also for MLS as a whole.

At 28 years old, Lozano has already made his mark in European soccer. His technical ability, speed, and finishing prowess have made him a key player for both PSV and the Mexican national team. With 6 goals and 3 assists this season in the Eredivisie, along with 70 appearances for his country, Lozano not only brings a vast array of skills but also valuable experience in high-level competitions.

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The potential transfer of Lozano to San Diego FC would not only add quality to the American club’s squad but would also be a significant milestone for MLS. The league has been consistently striving to enhance its reputation and attractiveness, both domestically and internationally. The arrival of a player of Lozano’s caliber would not only raise the technical level of the competition but also attract more attention to MLS.

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Furthermore, Lozano’s signing by San Diego FC could pave the way for more Mexican players in MLS. Mexican soccer boasts a fervent fan base and a rich tradition in the sport, and the presence of Mexican players in the American league could further strengthen ties between the two nations and increase interest in soccer in the United States.

It’s important to consider the challenges that a move to MLS may pose for Lozano. Adapting to a new country, style of play, and culture can take time, and not all players manage to shine immediately in a different environment. Additionally, the level of competition in MLS, while continually evolving, may still not be as high as that of European leagues like the Eredivisie. Lozano would need to adjust to this difference and continue to develop his game to succeed in the new league.

MLS has been increasingly competitive and attractive to players from around the world. With growing investments in infrastructure, youth academies, and high-profile signings, the league is solidifying itself as a viable option for players at different stages of their careers. Lozano’s arrival could be an important step in this journey of growth and ambition for MLS.





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