The Justice Department has announced a settlement with the Orange County Sheriff’s Department to resolve a longstanding investigation into the department’s use of custodial informants at the county jails. The settlement, which follows a similar agreement with the Orange County District Attorney’s Office, addresses serious violations of criminal defendants’ constitutional rights, including their Sixth Amendment right to counsel and Fourteenth Amendment right to due process.
The inquiry that started in 2016 brought to light a widespread abuse of custodial informants occurring from 2007 to 2016. Findings indicated that sheriff’s deputies in Orange County had improperly employed informants to extract damaging statements from defendants who were already under legal representation, thus breaching their rights. Additionally, it was discovered that prosecutors neglected their duty to reveal exculpatory evidence related to these informants.
The findings brought to light by the department indicate that custodial informants within the Orange County Jail system operated as law enforcement agents, coaxing incriminating statements from defendants who had legal representation. For many years, deputies from the Orange County Sheriff’s Department not only maintained but also concealed systems designed to track, manage, and incentivize these informants. Additionally, the evidence shows that prosecutors in Orange County neglected to pursue and disclose exculpatory information related to these custodial informants to the defense.
This investigation was initiated by the department in 2016. They meticulously examined thousands of documents, conducted multiple site visits, and interviewed a wide array of witnesses, including prosecutors from Orange County. The department also kept a close watch on developments in various criminal cases, some of which have recently concluded. Throughout the investigation, officials from Orange County provided their cooperation.
“All persons who are accused of a crime are guaranteed basic constitutional protections that are intended to ensure fairness in criminal proceedings and due process of law,” said Assistant Attorney General Kristen Clarke. “Prosecutors and law enforcement officers have an obligation to uphold these rights in their fight against crime and in their pursuit of justice, including in the way that they use custodial informants against criminal defendants. The failure to protect these basic constitutional guarantees not only deprives individual defendants of their rights, it undermines the public’s confidence in the fundamental fairness of criminal justice systems across the county.”
As part of the settlement, the Orange County Sheriff’s Department has committed to maintaining significant reforms, including changes to policies, training procedures, documentation systems, and audits to prevent future violations. The sheriff’s department will also solicit feedback from the local criminal justice community and publish updates on its reform efforts to ensure transparency and public trust.
Assistant Attorney General Kristen Clarke of the Justice Department’s Civil Rights Division commended the sheriff’s department for its proactive efforts in addressing the issues. “We applaud the sheriff for his efforts to prevent the misuse of custodial informants and ensure prosecutors meet their obligations to defendants,” said Clarke. She added that the agreement’s robust validation measures would strengthen public trust and protect the constitutional rights of defendants.
The inquiry uncovered that for an extended period, the department operated covert systems designed to monitor, oversee, and incentivize custodial informants. These informants were employed to collect intelligence from criminal defendants, frequently infringing upon their legal rights. Additionally, the investigation highlighted the shortcomings of prosecutors in adequately informing defense attorneys about the role of these informants.
The Justice Department’s Civil Rights Division conducted the probe under a federal statute that prohibits law enforcement agencies from engaging in practices that deprive individuals of their constitutional rights. The department’s efforts, in collaboration with the sheriff’s department and district attorney’s office, have helped facilitate the reforms necessary to prevent future misconduct.
The agreement marks a significant step in the ongoing effort to uphold constitutional protections for individuals in custody, with transparency and oversight mechanisms designed to ensure that such violations do not occur again in the future. The settlement will also lead to continued collaboration between local law enforcement and prosecutors to ensure fairness and justice in the criminal justice system.
