On Tuesday, April 30, 2024, The Orange County Register reported that a California judge ruled that an evidentiary hearing should take place regarding allegations of misconduct in an Orange County murder case from decades ago.
San Diego County Superior Court Judge Daniel Goldstein decided a defense request was warranted for a hearing that would involve witness testimony connected to claims that top prosecutors hid evidence of law enforcement misconduct for over 10 years. The murder case in question stems from the 1988 killing of a man in Sunset Beach, California. A man named Paul Gentile Smith was convicted of the crime in 2010 but had his conviction overturned in 2021 when it was revealed that a former prosecutor, Ebrahim Baytieh, failed to disclose evidence that could have helped Smith’s defense.
Smith’s lawyer, Orange County Assistant Public Defender Scott Sanders, is seeking to have the entire case dismissed due to what he has called “outrageous government misconduct.” Because Baytieh is now a sitting judge in Orange County, the case was transferred to San Diego for an impartial review. Sanders alleges that not only did Baytieh withhold beneficial evidence from the defense, but that he actively tried to cover up the illegal tactics used by county jailhouse informants at the time. Sanders was instrumental in past investigations that unearthed the county’s illegal use of informants to obtain confessions.
Deputy District Attorney Seton Hunt, representing the Orange County District Attorney’s office, opposed holding an evidentiary hearing and raised questions about Sanders’ motives. Hunt suggested the allegations were part of a “vendetta” by the defense lawyer against Baytieh. However, Judge Goldstein appeared skeptical that Smith could receive a fair retrial in Orange County, given the tensions between the DA’s office and Sanders regarding informant issues from years past. During the hearing, Sanders alleged that prosecutors have engaged in extensive efforts to conceal information in the Smith case going back decades.
While acknowledging exculpatory evidence was wrongfully withheld from Smith’s original attorneys, Hunt argued that speculation about past actions of prosecutors did not warrant outright dismissal. In the end, Judge Goldstein determined an evidentiary hearing was warranted so the full extent of what occurred could be established, including whether any outstanding evidence may still exist that could prove Smith’s innocence.
Source: The Orange County Register
