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Video captures OC district attorney praising prosecutors later accused of malpractice by internal probe - OCRegister

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It was the typical toast given at retirement parties.

Orange County District Attorney Todd Spitzer congratulated the two departing prosecutors as men of integrity, men who had been wrongly blamed for fumbling the biggest mass murder case in county history.

But seven months later, an internal investigation commissioned by Spitzer concluded ex-homicide prosecutors Dan Wagner and Scott Simmons intentionally committed malpractice in their mishandling of the case of mass murderer Scott Dekraai. A judge, citing the actions of the prosecutors and sheriff’s deputies, removed the Orange County District Attorney’s Office from the case in 2015 and ultimately took the death penalty off the table for the murder of eight people at a Seal Beach beauty salon in 2011. Dekraai, eventually prosecuted by the state Attorney General’s Office, received multiple life terms in prison.

Critics of Spitzer are now calling him an opportunist, for flip-flopping on Wagner and Simmons. First, he campaigned against former D.A. Tony Rackauckas and corruption on the Dekraai team; once elected, he literally embraced the Dekraai prosecutors at their December 2019 retirement party; and, finally, in July he released an internal report accusing the two prosecutors of negligence in their use of a jailhouse informant on Dekraai.

The office’s internal investigation concluded in July that Wagner and Simmons “obfuscated and failed to accept responsibility for their lapses, trampled defendant rights and denied the full imposition of justice for victims and families.”

‘Unfairly blamed’

But at the earlier retirement party, Spitzer called the men “honorable” and said he had nothing but respect and admiration for them.

“They were really unfairly blamed and they took a lot of responsibility on their shoulders that was completely inappropriate,” Spitzer said in a video of his speech that was posted to YouTube last week.

Assistant Public Defender Scott Sanders, who uncovered the illegal use of an informant on Dekraai and a slew of others over the years, said Spitzer keeps changing his stance to fit his goals.

“We really didn’t need any more evidence that the informant scandal for Mr. Spitzer was just something to help get elected — but it doesn’t get much uglier than this video,” Sanders said. “The only hope at this point is the (ongoing federal investigation), because the D.A.’s Office hasn’t done anything on its own and can’t be trusted moving forward.”

Bethany Webb, whose sister Laura Webb Elody was killed by Dekraai, called Spitzer a “parasite.”

“He is talking out of both sides of his mouth,” Webb said.

Spitzer: ‘I was completely set up’

Spitzer responds he was “set up.”

In an interview, he said he was asked by Wagner and Simmons to come to the retirement party and say a few words. As head of the office, Spitzer said he felt he had to accept. In the middle of his speech, he saw that he was being video recorded by a member of the homicide team and figured it was all planned.

“I feel completely set up. I’m going to go in front of their family and friends and not say nice things?” Spitzer said. “It was a mistake because I was in a no-win situation. I blame myself, I never should have gone.”

While there was plenty reason to suspect Wagner and Simmons of misdeeds, Spitzer said he did not know how the internal investigation would later end.

“There were a lot of things that came out in July that indicated they were much more culpable than I ever thought,” he said. “They made serious errors in judgment and didn’t stay in the office long enough to be held accountable.”

As for the flip-flopping, Spitzer said: “The fact that I had an opinion at that retirement ceremony and it changed later, that’s just life.”

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Video captures OC district attorney praising prosecutors later accused of malpractice by internal probe - OCRegister
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