Susan Valot
May 12, 2009
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The Orange County district attorney is defending the way his prosecutors handled a case involving a deputy accused of using a Taser on a handcuffed man. KPCC's Susan Valot says the DA came under fire for implying a "code of silence" among the deputies.
Susan Valot: Two years ago, prosecutors say an Orange County sheriff's deputy in a patrol car used a Taser on a man in handcuffs. They say grand jury testimony backed their assault case against Deputy Christopher Hibbs.
But District Attorney Tony Rackauckas says that all changed when the case went to trial. It ended last month in a hung jury, 11-to-1 in favor of acquittal. Rackauckas says the deputies in the case were not truthful.
Tony Rackauckas: They gave testimony at the grand jury that was really quite clear and I think you could see that. And that started softening up as the trial approached and as the sheriff personnel were letting us know that these statements were changing. And
they knew that because of the internal investigations that
they were doing.
Valot: After the trial, the DA's office came under fire for describing the problem with the case as a "code of silence" among deputies. The union representing deputies blasted the DA for that. Rackauckas clarified what he meant.
Rackauckas: All of the statements that we've made concerning this particular case are meant to apply just to this particular case and not to suggest that there's any kind of agency-wide involving something called a "code of silence." As a matter of fact, this case was brought to us by the sheriff's department.
Valot: But Rackauckas admits his office has had problems in other cases involving the Orange County Sheriff's Department. A big one was the 2006 killing of jail inmate John Chamberlain. Other inmates in Theo Lacy Jail beat him to death as deputies watched TV nearby.
Some witnesses suggested a "code of silence" in that case. Several deputies were disciplined or dismissed – but none were prosecuted. Rackauckas says in the Taser case, his office won't seek another trial and won't charge the deputies for changing their testimony.
Rackauckas: We don't have sufficient evidence here that would sustain a perjury charge. You know, perjury is somewhat technical and it requires proof beyond a reasonable doubt as to, you know, the specifics about concerning what somebody lied about.
Valot: Rackauckas says the deputies changed their stories, but there's just not enough evidence to bring a case. Damon Micalizzi, a spokesman for Sheriff Sandra Hutchens, says the sheriff is glad the DA clarified that his "code of silence" comment pertained only to this case.
Damon Micalizzi: I can tell you that changes have been made and that no conduct – no such conduct – will be tolerated on her watch, and individuals will be dealt with.
Valot: Micalizzi says there's still an internal investigation into the deputies involved. Once the investigation's complete, the sheriff will decide how to deal with those deputies.
