The Orange County Grand Jury is calling for additional audits to make sure sheriff’s deputies are following new department procedures meant to avoid issues with the late booking of evidence that in recent years has led to the dismissal or reduction of charges in dozens of criminal cases.
The
county watchdog panel, in a report released Monday, said that the only way to
tell if evidence booking deficiencies have been addressed would be by an
independently conducted, impartial third-party audit of Orange County Sheriff’s
Department reports submitted to prosecutors after March 2018.
The
grand jury also suggested that the department set up a formal process for
lieutenants to “spot check” evidence booking by deputies in order to increase
accountability by department management, as well as integrate three separate
electronic systems used in the evidence booking process.
The
grand jury report indicated that such moves would help address concerns raised
in the panel’s interviews with some prosecutors and defense attorneys regarding
whether deputies are following new policies instituted by the sheriff’s
department in order to safeguard against the mishandling of evidence.
“Our
system of justice relies upon the proper collection and preservation of
physical evidence, as well as the honesty and integrity of those who are sworn
to ‘tell the truth,’” the grand jury report reads. “Therefore, it is imperative
that those responsible for collecting and booking evidence do so in a way that
does not compromise the justice system.”
The
report acknowledged that “positive steps” have been taken by the department and
cited “its willingness to address the problem,” while outlining what the panel
believes are “areas that need improvement.”
“The
Grand Jury commended OCSD for taking immediate action once evidence booking
issues surfaced, initiating policy changes, and holding employees accountable
through both discipline and referral to the DA for prosecution,” sheriff’s
department spokeswoman Carrie Braun said. “The Orange County Sheriff’s
Department is reviewing the Grand Jury’s recommendations and will implement any
that we believe will strengthen our current procedures.”
Addressing
the recommendation for a third-party audit, Braun noted that the county Office
of Independent Review, which monitors the Sheriff’s Department along with other
public agencies, has the power to look over the department’s evidence booking
systems.
“We
welcome OIR’s review of our evidence systems and believe it will confirm the
effectiveness of the controls we have put in place,” Braun said. “The test of
an organization’s strength is how it responds when problems or shortfalls come
to light. The Grand Jury Report confirms
that the Department took swift action to correct the evidence issue.”
A
review conducted by Orange County District Attorney’s office with the sheriff’s
department, completed earlier this year of cases in which deputies were
suspected of mishandling evidence, resulted in the dismissal or reduction of
charges in 67 criminal cases.
The
district attorney’s office declined to comment Monday on the specifics of the
grand jury report, though the office has weighed in on the issue previously.
Officials
with the Orange County Public Defender’s Office did not immediately respond to
a request for comment.
At
least four deputies have been fired as a result of the evidence booking
scandal. Two deputies have pleaded guilty to misdemeanors, a third is awaiting
trial on a felony charge and more than 17 have been added to a Brady list, which
means their names are provided to defense attorney’s as having credibility
problems.
The
joint review followed two internal audits by the sheriff’s department. The
first concluded that deputies in nearly on-third of the examined cases were not
following the department of booking evidence by the end of their shifts. The
second showed deputies were sometimes not booking evidence at all, but were
writing in their reports that they had.
Among
the evidence at issue was methamphetamine, meth pipes, a switchblade, a stun
gun and condoms.
Sheriff
Don Barnes previously has said that his department took several steps to
implement safeguard in the evidence booking process, including randomized spot
checks of booked evidence.
The
grand jury report acknowledges many of those new policies, including the move
from a lengthy paper-based evidence submission process to electronic templates
and increased review by supervising sergeants. The report also acknowledges
that some lieutenants have been conducting spot checks of evidence submissions,
though they have apparently not been formally documenting those efforts.
Orange
County Register
By SEAN EMERY semery@scng.com
May 24, 2021
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