TONY RACKAUCKAS
ORANGE COUNTY DISTRICT ATTORNEY
‘ORANGE COUNTY DISTRICT ATTORNEY'S OFFICE
Sot civic Center Drive West = SANTA ANA, CA 92701 (714) 834-3636
January 4, 2016
The Honorable Loretta E. Lynch
‘Attorney General of the United States
United States Department of Justice
950 Pennsylvania Avenue, NW
Washington, DC 20530-0001
Re: Request for Federal Investigation of the Orange County District Attorney's Office
Informant Policies and Practices
Dear Attorney General Lynch:
In 2015, | assembled a group of lawyers and a retired Orange County Judge independent of
my office to examine the Orange County District Attorney's Office (OCDA) policies and
practices regarding the use of jailhouse informants. The committee was named the
Informant Policies & Practices Evaluation Committee (IPPEC). The IPPEC proceeded to
conduct a six-month evaluation to conduct a thorough review and assessment of the OCDA
policies and practices regarding the use of jailhouse informants, At the conclusion of the
review, they prepared a report containing recommendations regarding the OCDA use of
jailhouse informants in order to assist me in ensuring that the OCDA policies and practices
and its interactions with its law enforcement partners are lawful.
Today, the IPPEC presented me with the written report of their findings. Please see the
enclosed report entitled ORANGE COUNTY DISTRICT ATTORNEY INFORMANT POLICES &
PRACTIES EVALUATION COMMITTEE REPORT for your review and reference. In the
report, the IPPEC makes 10 specific recommendations which | am in the process of
reviewing and implementing, In addition to these 10 specific recommendations, on page 3
of the report, the IPPEC recommends the following:
that the jailhouse informant controversy in Orange County be investigated by an
entity with document subpoena power and the ability to compel witnesses to be
questioned under oath. The Orange County Grand Jury, the California Attorney
General, or the United States Department of Justice are possible entities with such
power. This recommendation is not meant to suggest that the IPPEC has reached
‘any conclusion regarding any allegations of criminal wrongdoing. It is worth
noting that almost every member of the OCDA’s Office who was interviewed said
that he or she would weicome an investigation and was confident the investigationLoretta Lynch
Page 2 of 2
January 4, 2016
Re: Request for Federal Investigation of the Orange County District Attorney's Office
Informant Policies and Practices
would find, with perhaps one or two outliers, no intentional misconduct by a
member of the OCDA’s Office. The IPPEC respectfully suggests that at a minimum,
the OCDA request that an Investigative Grand Jury conduct such an inquiry to
demonstrate transparency and foster confidence in the Orange County criminal
justice system.
Lam respectfully requesting and welcoming your office to conduct any review you deem
appropriate in regard to the OCDA Informant Policies and Practices. In order to facilitate
this, | am offering The United States Department of Justice unfettered access to any
documents and/or personnel of the OCDA. Both myself and my staff welcome the
opportunity to discuss this matter with your department. I can be reached at the following
phone number (714) 834-3600.
Sincerely,
iv L | Rhrechers
Tony Rackauckas
District Attorney
TRvIb
Cc: The Hon. Kamala Harris
Attorney General, State of California
Attachment: Report of Informant Policies & Practices Evaluation Committee