Introduction to the Scandal
The scandal that scrambled Orange County’s justice system, upending dozens of murder cases, began late on a Friday night in a legal office that formerly was a morgue. It was April 2012, long past quitting time, when Orange County Assistant Public Defender Scott Sanders found a notation in a police report that would ultimately turn county law enforcement on its ear. A notation that many, if not most, defense lawyers would have overlooked.
The Discovery
Sanders and paralegal Cathy Ware were digging through piles of investigative reports on mass killer Scott Dekraai, who months earlier shot dead eight people at a beauty salon in Seal Beach. They found a notation that Dekraai had made incriminating statements in casual conversation with jail inmate “Fernando P.” The inmate’s name sounded familiar to Sanders. Then it hit him: He remembered seeing inmate “F Perez” listed as a witness in another case he was working on, the defense of Daniel Wozniak, a Costa Mesa community theater actor accused of slaughtering two friends.
Orange County Assistant Public Defender Scott Sanders prepares for the murder retrial of Paul Smith. Sanders, who spends hours working in local coffee shops, will be retiring and going into private practice in Long Beach, where he is pictured. He is credited with revealing entrenched corruption in the Orange County justice system. (Photo by Mindy Schauer, Orange County Register/SCNG)
A Folk Hero Emerges
Sanders, who is retiring Monday, March 31, after 32 years as a public defender, has come a long way since that first epiphany. Orange County prosecutors and police painted him as the Chicken Little of the legal world, constantly impugning evil on the part of law enforcement. They called his allegations “baloney.” And even “crazy.” But Sanders and more than a dozen law clerks kept digging until they unearthed what came to be known as the “snitch scandal,” eventually unraveling 59 murder and attempted murder cases and wrecking the careers of elite prosecutors.
DA: ‘He’s Made the System Better’
“There’s a lot of cuss words to describe Mr. Sanders in my office, but, all in all, he’s made the system better,” said Orange County District Attorney Todd Spitzer, who ousted 20-year veteran Tony Rackauckas in 2018, running on a platform of reform. Spitzer acknowledges he probably owes his victory to Sanders. “The damage caused by Rackauckas and his progeny is so deep and so lasting, but the justice system overall is much more sacred as it should be because of Sanders,” said Spitzer, who has had his own run-ins with the feisty assistant public defender.
Much at Risk
The result of Sanders’ research was an explosive 505-page motion in the Dekraai case, with an additional 15,000 pages of exhibits, that for the first time in 2014 publicly accused Orange County prosecutors and police of cheating through the use of jailhouse informants and hiding their corruption from defense attorneys. He made similar accusations in the Wozniak case. It was nervous time at the Public Defender’s Office. If Sanders was wrong — or if the judges didn’t bite — it could be catastrophic for the agency.
An Unlikely Ally
Families of the murder victims in the Wozniak and Dekraai cases complained that Sanders was prolonging the proceedings, prolonging their pain, with his zealousness. However, the vitriol subsided for Paul Wilson, whose wife, Christy, was killed by Dekraai. Wilson soured on the prosecutors telling him that Sanders was just making things up when the evidence showed otherwise. “If someone is going to fight like (Sanders), I want to be on that guy’s side, not the guys who are lying to me,” says Wilson, who befriended the attorney representing his wife’s killer.
A Lonely Road
Retired defense attorney Rudy Loewenstein says Sanders was mostly alone in that endeavor. “Most of the criminal defense attorneys in the county, almost all of them, were afraid to go against the D.A.’s office,” Loewenstein says. “They were afraid the office would retaliate against them when it came to cutting deals. There was a go-along to get-along (attitude).” But Sanders was never one to court law enforcement or bow to their attacks.
Tireless Advocate
He says he plans to enter private practice, continue representing Smith and keep going after law enforcement officials he believes are crooked. “The thing that haunts me about leaving is I recognize I’ve been an important person in incentivizing folks not to cheat,” Sanders says. “I could spend multiple lifetimes on this project and, if I win the lottery, I will.” His soon-to-be former boss, Public Defender Martin Schwarz, credits Sanders with becoming one of the office’s main draws for new recruits.
Conclusion
Scott Sanders’ retirement marks the end of an era in Orange County’s justice system. His tireless efforts to uncover the truth and bring about justice have left a lasting impact on the community. His legacy will continue to inspire future generations of public defenders and ensure that the justice system remains fair and just for all.
FAQs
Q: What was the scandal that Scott Sanders uncovered in Orange County’s justice system?
A: Sanders uncovered a scandal involving the use of jailhouse informants and the withholding of evidence by prosecutors, which led to the unraveling of 59 murder and attempted murder cases.
Q: How long did Scott Sanders work as a public defender in Orange County?
A: Sanders worked as a public defender in Orange County for 32 years.
Q: What is Scott Sanders’ next step after retiring as a public defender?
A: Sanders plans to enter private practice and continue representing clients, including Paul Gentile Smith.
Q: How has Scott Sanders’ work impacted the Orange County justice system?
A: Sanders’ work has led to the removal of the entire district attorney’s office from the Dekraai case, the overturning of convictions, and the reduction of sentences. His efforts have also brought about changes in the way the justice system operates, including the implementation of new policies and procedures to prevent similar scandals in the future.
