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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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SD Unified moves forward with layoffs of classified employees

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SD Unified moves forward with layoffs of classified employees


SAN DIEGO (KGTV) — Less than 3 weeks after the San Diego Unified School District finalized a new contract with teachers, the school board voted unanimously on Tuesday to move forward with layoff notices for other district employees.

The layoffs affect classified employees — workers who are employed by the district but are not teachers and are not certified. That includes bus drivers, custodians, special education and teacher aides, and cafeteria workers.

The district says it is eliminating 221 positions — 133 that are currently filled and 88 that are vacant — to save $19 million and help address a projected $47 million deficit for the next fiscal year.

Preliminary layoff notices will go out on March 15, with final notices by May 15.

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The district estimates about 200 classified employees will receive preliminary notices, but of them, about 70 are expected to lose their jobs based on union-negotiated bumping rules.

Bumping allows employees with more seniority to move into another position in the same classification, thereby “bumping” a less senior employee out of that role.

Lupe Murray, an early childhood special education parafacilitator with the district, said the news came as a shock after the teacher strike was called off.

“When the strike was called off, I’m like, ‘Yes!’ So then when I got the email from the Superintendent, I’m like, ‘Wait, what?’ So, I think everyone was shocked,” Murray said.

The district says it sends out annual layoff notices, as all districts in the state do.

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Before Tuesday’s board meeting, classified employees rallied outside, made up of CSEA (California School Employees Association) Chapters OTBS 788, Paraeducators 759, and OSS 724. They were joined by parents, students, and the San Diego & Imperial Counties Labor Council, AFL-CIO.

Miguel Arellano, a paraeducator independence facilitator with San Diego Unified and a representative of San Diego Paraeducators Cahpter 759.

“What do we want? No layoffs! When do we want it? Now!” the crowd chanted.

Arellano said he felt compelled to act when he learned about the potential layoffs.

“The first thing that went through my mind was that I need to speak up. I need to protect these people,” Arellano said.

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Inside the meeting, the board heard emotional, at times tearful testimony from classified employees before voting unanimously to move forward with the layoff schedule.

Superintendent Fabi Bagula said the district has tried to protect classrooms from the cuts.

“We have tried our best to only, I mean, to not touch the school. Or the classroom. But now it’s at the point where it’s getting a little bit harder,” Bagula said. “What I’m still hoping, or what I’m still working toward, because we’re still in negotiations, is that we’re able to actually come to a win-win, where there’s positions and availability and maybe even promotions for folks that are impacted.”

Arellano warned the layoffs could have a direct impact on students.

“We are already spread thin, so, with more of a case load, it’s going to be impossible to be able to service all the students that we need to have,” Arellano said.

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Follow ABC 10News Anchor Max Goldwasser on InstagramFacebook, and Twitter.

This story was reported on-air by a journalist and has been converted to this platform with the assistance of AI. Our editorial team verifies all reporting on all platforms for fairness and accuracy.





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Scripps Oceanography granted $15M for deep sea, glacier science

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Scripps Oceanography granted M for deep sea, glacier science


The Fund for Science and Technology, a new private foundation, granted Scripps Institution of Oceanography at UC San Diego $15 million for ocean science Tuesday.

FFST, funded by the estate of the late Microsoft co-founder Paul Allen, was started in 2025 with a commitment to invest at least $500 million over four years to “propel transformative science and technology for people and the planet.”

“Scripps Institution of Oceanography at UC San Diego is pushing boundaries for exploration and discovery across the global ocean,” Chancellor Pradeep Khosla said. “This visionary support from the Fund for Science and Technology will enable Scripps researchers to advance our understanding of our planet, which has meaningful implications for communities around the world.”

The grant, the largest of its kind since Scripps joined UCSD in 1960, will go toward research in three areas: monitoring of environmental DNA and other biomolecules in marine ecosystems, adding to the Argo network of ocean observing robots, and enhancing the study of ocean conditions beneath Antarctica’s Thwaites Glacier, often referred to as the “Doomsday Glacier.”

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Scripps Institution of Oceanography has used Argo floats for more than two decades to track climate impacts in our oceans. NBC 7 meteorologist Greg Bledsoe reports.

“The Fund for Science and Technology was created to support transformational science in the search of answers to some of the planet’s most complex questions,” said Dr. Lynda Stuart, president and CEO at the fund. “Scripps has a long tradition of leadership at the frontiers of ocean and climate science, and this work builds on that legacy — strengthening the tools and insights needed to understand our environment at a truly global and unprecedented scale.”

Scripps Director Emeritus Margaret Leinen will use a portion of the grant in her analysis of eDNA — free-floating fragments of DNA shed by organisms into the environment — in understudied parts of the ocean to collect crucial baseline data on marine organisms, according to a statement from Scripps.

“In many regions, we know very little about the microbial communities that form the base of the ocean food web or that make deep sea ecosystems so unique,” Leinen said. “Without data, we can’t predict how these communities are going to respond to climate change or what the consequences might be. That’s a vulnerability — and this funding will help us begin to address it.”

Using autonomous samplers that can collect ocean water for eDNA analysis, as well as conventional sampling, scientists will use tools to “reveal the biology of the open ocean and polar regions.”

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According to Scripps, the international Argo program has more than 4,000 floats that drift with currents and periodically dive to measure temperature, salinity and pressure. Standard floats can record data up to depths of 2,000 meters (6,560 feet), while newer Deep Argo floats can dive to 6,000 meters (19,685 feet).

The grant funding announced Tuesday will allow for Scripps to deploy around 50 Deep Argo floats along with Woods Hole Oceanographic Institution and NOAA’s Pacific Marine Environmental Laboratory.

Sarah Purkey, physical oceanographer at Scripps and Argo lead, said this leap forward in deep ocean monitoring comes at a crucial time because the deep sea has warmed faster than expected over the last two decades.

Thwaites Glacier is Antarctica’s largest collapsing glacier and contains enough ice to raise global sea level by roughly two feet if it were to collapse entirely. According to Scripps, prior expeditions led by scientist Jamin Greenbaum discovered anomalously warm water beneath the glacier’s ice shelf — contributing to melting from below. Greenbaum now seeks to collect water samples and other measurements from beneath Thwaites’ ice tongue to disentangle the drivers of its rapid melting.

This season’s Antarctic fieldwork will “test hypotheses about the drivers of Thwaites’ rapid melt with implications for sea-level rise projections,” the statement from Scripps said.

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“The ocean holds answers to some of the most pressing questions about our planet’s future, but only if we can observe it,” said Meenakshi Wadhwa, director of Scripps Institution of Oceanography and vice chancellor for marine sciences at UCSD. “This historic grant will help ocean scientists bring new tools and approaches to parts of the ocean we’ve barely begun to explore.”



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Southern California’s Jewish community reacts to war in the Middle East

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Southern California’s Jewish community reacts to war in the Middle East


The Jewish community in Southern California is sharing their fears and hopes following the weekend’s strikes on Iran and retaliatory attacks on Israel, U.S. military bases and other targets in the Middle East.

The exchange of missiles in the Middle East is having a devasting effect on Iran’s defense capability, but retaliatory strikes in the region are taking a toll. 

“Weapons of enormous capacity that are targeting civilian areas,” said Elan Carr, CEO of Los Angeles-based Israeli American Council.

Carr says toppling the Iranian regime, taking out its nuclear capabilities and freeing the Iranian people from this oppressive rule should have been done decades ago.

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“This is about seeing the most evil regime, the world chief state sponsored terrorism to no longer have the ability to do what it’s been doing,” Carr said.

Sara Brown, regional director of the American Jewish Committee, said the U.S. and Israel are concentrating strikes on Iran’s missile sites and military industrial complex. Iran’s retaliatory strikes are focused on many civilian targets.

“We are hearing from our partners from around the region, who are terrified,” Brown said. “Across the Middle East right now, I think there is a tremendous amount of fear, but also hope and also resolve.”

AJC is the advocacy arm for Jewish people globally. Many members and partner groups are in harm’s way. Brown says the risk is great, but the potential reward is world changing.

“That Iranian people will get to choose leadership for themselves, that we will finally see a pathway forward for peace across the Middle East,” Brown said.

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If wars of the past hadn’t produced lasting peace, then why now? Carr says Iran’s nuclear capabilities are destroyed and Iran’s military and proxies are weakened after Israel’s response to the Oct. 7 Hamas ambush.

“No more terrorist network throughout the Middle East. Think of what that could mean. Think of the normalization we could see,” Carr said.

President Donald Trump expects fighting to last several weeks. Some critics are concerned about a drawn-out conflict that could spread.

Carr is not convinced.

“Who is going to enter a war against the U.S. and Israel? Russia is plenty busy. China has no interest in jeopardizing itself this way,” Carr said.

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Besides the six Americans killed as of Monday night, government officials say 11 people were killed in retaliatory strikes in Israel.



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