Public Defender seeks removal of OC DA from sex offender parole violation cases

The Orange County Public Defender’s Office is seeking to have the Orange County District Attorney’s Office removed from prosecuting five sex offenders accused of violating parole after they were released early from local lockup.

The parole violation cases involving a handful of sex offenders has become the highest-profile flash point in an ongoing battle over early release for some Orange County inmates in the midst of the coronavirus pandemic.

Orange County District Attorney Todd Spitzer earlier this month publicly condemned a court commisioner’s decision to allow seven “high risk” sex offenders accused of cutting off or tampering with their GPS monitors be be released after spending days in county jail. The DAs office put out a community warning that included photos of the men and descriptions of past crimes they had been convicted of, and, in later interviews with local and national press, Spitzer alleged that their release was part of a larger effort by court officials to reduce the jail population.

Orange County judicial officials have not commented on the criticism, citing legal and ethical restrictions that bar judges and commissioners from speaking about active criminal cases. Public Defender Sharon Petrosino accused Spitzer of “fear-mongering” and distorting the facts of the cases to scare the public.

Six of the seven sex offenders have since been re-arrested and accused of either failing to adhere to the terms of their supervision or rendering their GPS units inoperable. As they once again face court hearings for the alleged parole violations, five of the men’s attorneys are asking a judge to remove the DA’s office from their cases.

In written motions to the court, the public defenders alleges that DA’s office press releases and Spitzer’s comments to the press illustrate a conflict of interest that makes it impossible for them to receive fair parole revocation proceedings.

In written responses filed with the court, the DA’s office denied that any conflicts of interest exist, contending the office has the right to inform the public about the men’s release into the community.

Though it rarely occurs, judges do have the ability to remove prosecutor’s from a criminal case if they believe their right to a fair trial has been violated. The highest profile example in recent memory was a Superior Court’s judge’s 2015 ruling to remove the Orange County District Attorney’s Office from the case against confessed mass murderer Scott Dekraai over false testimony and the withholding of evidence.

If the DA’s office is removed from a case, the judge has the option of handing it to the State Attorney General’s Office.

Hearings to discuss the request to recuse the DA’s office are scheduled for May 26, according to court records.