Attorney Scott Sanders Criticizes Portrayal of Sheriff's Department As Committed to Protecting Constitutional Rights of the Accused

DOJ Sends the Clearest Message: Your Criminal Defense Attorney is Your Best and Only Hope for Justice

The U.S. Department of Justice (DOJ) officially ended its nine-year investigation into the Orange County Sheriff’s Department (OCSD) over the improper use of jailhouse informants. The investigation was prompted by the efforts of Scott Sanders, who uncovered the largest informant scandal in United States history during his litigation of multiple homicide cases.

His work would lead to removal of the entire District Attorney’s Office in the case of People v. Dekraai. The judge in that same case would later block the California Attorney General from seeking the death penalty because of evidence of ongoing misconduct by the original prosecution team and the Sheriff’s Department. The DOJ’s Civil Rights Division investigated the department’s use of informants between 2007 and 2016. Federal officials found that deputies and prosecutors confirmed what Scott brought to light through years of litigation: informants, working with prosecutors and police, extracted incriminating statements from defendants who were already represented by attorneys in clear violation of constitutional rights. Deputies also maintained a system for concealing, managing, and rewarding these informants.

In an expansive 2022 report, the DOJ ultimately adopted Scott’s findings related to the misuse of jailhouse informants. His discoveries have already affected 59 cases.

On Monday, July 29, the DOJ announced that it was ending its federal oversight of what has become known as the “snitch scandal.”

Sheriff Don Barnes asserted that “This collaboration shows how a strong working relationship with the Civil Rights Division can produce more efficient and lasting results than drawn-out litigation.” That claim cannot be reconciled with years of the scandal in which the Sheriff’s Department denied the misuse of informants, deputies provided misleading testimony, and key records were hidden.

While the DOJ insisted that all elements of the Sheriff’s earlier reform agreement had been completed, Sanders expressed skepticism about the reforms and the DOJ’s decision to end oversight.

“It’s no surprise this administration would quickly close the book on the largest informant scandal in U.S. history,” said Sanders.

The DOJ offered the following assessment of the Sheriff’s Department’s performance when it has come to constitutional protections:

“The Orange County Sheriff’s Department has shown a lasting commitment to upholding the Sixth and Fourteenth Amendment rights of those in its care,” said Assistant Attorney General Harmeet K. Dhillon. “We commend their efforts to help maintain the integrity of the justice system.”

Sanders countered that the depiction was entirely at odds with reality. He “criticized the DOJ for commending a department that had, in his view, ‘systematically violated defendants’ rights.’”

What is taking place in places like Orange County and throughout the nation should serve as a powerful reminder that neither the United States Department of Justice nor state and local agencies, will provide defendants and the pubic with protection of their fundamental rights in the years to come.

Your Attorney Must be Unafraid to take on Police Officers Who Don’t Tell the Truth or Conceal Evidence

Each case is different. In some, the credibility of the officers and their investigation may not be what decides whether a client is convicted in acquitted. However, in every case your attorney must study the case inside and out looking for hidden truths. When an officer has failed to play by the rules, there may be nothing more important than whether you have counsel who fearlessly brings those discoveries to the forefront of the case.

Attorney Scott Sanders Will Not Back Down when Police Officers Disregard His Clients’ Rights

There are plenty of attorneys who will tell you how they will fight with every ounce of their strength to give their clients the best offense. None, though, have Scott’s record of doing it day after day, case after case, for more than three decades.

Scott Spent More Than Ten Years Uncovering the Nation’s Largest Informant Scandal

While working on two death penalty cases, Scott uncovered a long-hidden jailhouse informant program in Orange County, in which prosecutors and deputies systematically hid evidence and violated the constitutional rights of charged defendants. Eleven years after first bringing the violations to light, Scott continues to uncover wrongdoing. The OC ‘Snitch Scandal’ Keeps Expanding. Here’s Why | LAist

Scott also unearthed how Orange County Sheriff’s deputies and investigators wrote hundreds of false police reports about their handling of evidence and violated policies regarding the booking of evidence. OC Sheriff Evidence Booking Scandal Expands With 15 More Investigations of Deputies Disclosed

Scott has kept digging. He exposed a separate series of Sixth Amendment violations that resulted when an experienced officer secretly listened to conversations between an attorney and a defendant the officer had investigated.

Select the right attorney

The best defense starts—and ends—with having the most skilled attorney. If you find someone who battles harder and more successfully for his clients than Scott Sanders, hire that attorney.

Book a free consultation with Scott Sanders

If you have questions about your rights or a recent police encounter, contact Scott Sanders Defense today for a free consultation.