Orange County Sheriff - Custody Informant Program, 2017
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Custody Informant Program Integrity without compromise, Service above self, Professionalism in the performance of duty, Vigilance in safeguarding our community. Assertions • Eliciting statements from charged and represented defendants violating Massiah • Brady violations • Unchecked custodial informant program • Lack of documentation and or record keeping • Discovery Request responses hindering due process Past Practice Note: information was not provided by those who testified during the hearing • Arranged inmate/informant movement to garner information to bolster cases for various agencies • Handled informants internally by gathering notes and sharing w/DA without creating a file • Minimal documentation of informant work product (notes only) • Minimal records or notations related to informant activity Past Practice continued Note: information was not provided by those who testified during the hearing • In specific cases (noted in DeKraai hearing) it appears DA was aware of informant activity and supported operations. Deputies handling informants lacked training and understanding of case law • Records which are kept are not well organized – Ad Seg and PC inmates some of whom have been sources of information Moving Forward • • • • • Department policy CCOM policy Spec Ops created an outside agency agreement Documentation procedures developed and include Training to all classification staff included – Confidential Informants and 6th amendment • Course also developed for all personnel • Improved coordination with subpoena desk and DA – Discovery protocol developed Moving Forward • All informant activities will be documented including work product, movement, notes, and items to DA • Record keeping will be electronic with a file created for all ongoing activity for specific sources of information (in collaboration with investigations). • Continuous training of assigned personnel. Questions