Liars' Poker Between OCDA and Public Defender

[Moxley Confidential] OC Judge Terri Flynn-Peister denies prosecutor, deputy claims she ordered informant program cheating

To Sanders, the strategy is "malarkey" because the failures are in "case after case."

If Rackauckas and his crew had taken a deep breath and opened their minds to see obvious problems instead of circling the wagons from the outset, they could have done the right thing early on: apologize and make reforms. After all, such a reaction wouldn't be a gift to the public. Their oaths of office require allegiance to an aboveboard criminal-justice system.

But—as an indication of OCDA's warped groupthink—Gundy didn't process Flynn-Peister's testimony as another signal for surrender. While the likes of Kate Corrigan, president of the local criminal-defense bar, praise the judge's "honest, ethical" DOJ service, Gundy challenged Flynn-Peister's memory, professionalism and veracity. He even tried to shift OCDA's obligations to her.

Bob Aul

Details

Flynn-Peister calmly replied, "I was not involved in the cases Mr. Petersen had, so I don't know what [discovery] obligations were triggered there. In my federal cases, I was going to turn over at the appropriate time everything that needed to be. It was my understanding the state was doing the same on theirs."

Gundy—who pounded his fist and yelled during hearings—didn't like that answer. In response, he made a needless error, claiming OCDA couldn't be guilty of wrongdoing because it didn't have the means to cheat. Petersen, he insisted, played a minor, subservient role in Operation Black Flag. Gundy must not know a 2011 DA press release hailed his agency as a prosecution partner with DOJ, which is exactly what Flynn-Peister described.

In early August—after a July 25 oral argument showdown, Goethals will announce if the government cheated Dekraai and, if so, what sanctions he'll impose. Prosecutors crave a painless ending. Sanders wants a ruling that deters similar, future scandals because he's convinced OCDA and police have been engaged "in pretty serious shenanigans."

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11 comments
NoCuteNameinOC
NoCuteNameinOC

I appreciate the excellent reporting and wish more people would take the time to read and understand the corruption issues in OC.

Anonymous
Anonymous

IMO, DA Rackauckas and his merry men/women prosecutors have been violating the civil rights of unsuspecting individuals for many years.  This includes violating the privacy and safety rights of individuals never charged with any type of criminal or civil violation of the law--not to mention the individuals who sit in the OC jail for YEARS awaiting a criminal trial. 

Rackauckas should have been held accountable back in 2002 when former AG Bill Lockyer investigated him for multiple questionable prosecutorial decisions and the destroying of careers of any one who dared challenge Rackauckas in a public re-election relating to the OC District Attorney elected position.  The FBI and USDOJ are bordering on the same type of illegal and unethical behavior that DA Rackauckas and his Chief of Staff Susan Kang Schroeder have continued for many years, especially, if they play the ostrich and refuse to thoroughly investigate these very corrupt public officials.

Personally, I am awaiting a California appellate court's decision involving the OC jail inmate that were charged with the murder of John Derek Chamberlain that occurred on October 5, 2006.  That legal question has been before a California appellate court submission since January 31, 2014 and a decision is due by the end of July 2014.  Let's see just how much illegal prosecutorial decisions have put others behind bars illegally. 

fishwithoutbicycle
fishwithoutbicycle topcommenter

Sounds like the OCDA//OCSD are engaged in "Operation Passing The Buck". :-(


And why they hell would they need a jailhouse informant on the Dekraii case when a conviction is pretty much guaranteed? (I would hope).

silvad153
silvad153


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silvad153
silvad153


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Dweezle
Dweezle

@fishwithoutbicycle I agree, but perhaps they were searching for evidence of advanced planning on the part of Dekraii. 

rscottmoxley
rscottmoxley topcommenter

@fishwithoutbicycle You might guess prosecutors wouldn't feel the need to break a sweat given that Scott Dekraai confessed to police upon his arrest. The OCDA activities that have come under fire involve allegations they cheated to guarantee the killer got the death penalty, which probably would have happened without them even showing up in court.

fishwithoutbicycle
fishwithoutbicycle topcommenter

@rscottmoxley @fishwithoutbicycle 

Idiots. How could Dekraii's senseless killing spree NOT qualify him for the death penalty? And if the OCDA felt they had to stack the odds in their favor on a slam-dunk, I shudder to think of what kinds of illegal tricks they've pulled in cases that were not so open-and-shut.

justiceforvmm
justiceforvmm

@fishwithoutbicycle @rscottmoxley


Well, I'll tell you one of the "tricks." Put seemingly honorable "witnesses" on the stand and let them knowingly lie and lie some more. Remember the OCDA credo--"Win at any cost." 


So, let me guess, Gundy got "promoted" after he got canned from the Homicide Unit? Maybe supervising low-level prosecutions or something along those lines? Wouldn't be surprising or a first in that filthy office. 

Dweezle
Dweezle

@fishwithoutbicycle @justiceforvmm @rscottmoxley Exactly! I brought up that point when T. Wreckhouse intentionally blew that case against  those murdering cops, & when he failed to go after the others. There is so much corruption in any location that is controlled exclusively by one party.

I really have no idea how that miserable excuse for a human being got re elected...

 
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