The top two officials in the Orange County District Attorney’s Office investigations unit have been placed on leave, with the chief not expected to return to work, according to a memo sent to staffers Monday.
Craig Hunter, the head of the investigations unit, “is off duty and not expected to return,” District Attorney Tony Rackauckas wrote.
“Also, Assistant Chief Lou Gutierrez is currently on a leave of absence,” according to the memo issued by Rackauckas. “Given this situation, I have asked Cmdr. Ron Seman to step into the role of lead commander and keep me actively informed and up-to-date on the activities of the bureau.”
Rackauckas also announced that a national search will be conducted for the chief of the investigations bureau, “which I anticipate will take some time.”
Orange County Supervisor Todd Spitzer — a frequent critic of Rackauckas who is eyeing a run for his job — said attorney David Gernsbacher complained to county officials in April 2015 about “sex texts” Hunter allegedly exchanged with the lawyer’s fiancee.
Gernsbacher sent the email to Hunter’s wife, Deputy District Attorney Lisa Hunter, and copied the email to the Board of Supervisors and other county officials.
Gernsbacher alleged that Hunter sent “sex texts and lewd naked pictures” on his “county supplied and/or paid for cellphone …” Gernsbacher also claimed the illicit text messages were sent during business hours from July 4, 2014, through Aug. 25, 2014.
“I turned it over to county counsel and they notified the District Attorney and we were told the D.A. was conducting an investigation,” Spitzer said.
Spitzer speculated that “nothing happened,” but that removing Hunter and Gutierrez now must have been motivated by another event.
“Maybe they caught wind of an outside investigation of this … that’s the only reason they react — it’s when they think someone’s going to catch them,” Spitzer said.
Adam E. Chaikin, an attorney for the union that represents District Attorney’s Office investigators, sent a letter to Rackauckas Monday about requests to interview union members without legal representation.
In the letter, Chaikin indicates some of the same investigators called in for questioning in the internal probe may have also been questioned by a grand jury.
Multiple sources told City News Service that the Orange County grand jury is investigating revelations that law enforcement improperly used jailhouse informants to pump other inmates for information.
“It has come to the attention of (the Association of Orange County Deputy Sheriffs) that the District Attorney’s Office has issued an order to AOCDS members (some of whom may have testified to the grand jury) attend an `information gathering interview,’ ” Chaikin said in the letter to Rackauckas.
“Amazingly, our members were informed that as witnesses, they are not entitled to representation during this interrogation.”
Chaikin argued the investigators are entitled to legal representation during questioning.
“This is problematic for a number of reasons,” Chaikin wrote. “First, it is clear that what is said by our members can be used as a basis for discipline.
The possible circumstances surrounding the interview (the actions taken against two key members of management on April 24, 2017) indicate that the questioning in the instant matter can only be characterized as part of an investigation of sanctionable conduct.”
Chaikin said Rackauckas “must follow the law as it relates to grand jury investigations.”
“A California grand jury has authority to admonish witnesses appearing before it not to reveal what questions were asked or responses given or other matters concerning the nature or subject of the grand jury’s investigation, which the witness learned during his or her grand jury appearance unless and until such time as the grand jury transcript is made public and except ad directed by the court.”
Michelle Van Der Linden, a spokeswoman for the District Attorney’s Office, said her office could not comment in detail on the staff changes.
“The OCDA will continue to take swift and appropriate action to maintain the excellent work done on a daily basis by the Bureau of Investigation, which is nationally recognized in many areas including gang prosecution, human exploitation and trafficking, and DNA investigations,” she said in a prepared statement.
“Due to the protection afforded by the Police Officers Bill of Rights and the laws protecting personnel matters, the OCDA is prohibited from discussing the facts surrounding the employment status of its employees.”
Tom Dominguez, president of the Association of Orange County Deputy Sheriffs, the union that represents District Attorney’s Office investigators, said his office has been inundated with calls from members worried about the staff shakeup.
“We don’t have a lot of insight into why Tony Rackauckas took that action, but it is significant action any time you have this level of management effectively removed from their positions,” Dominguez told City News Service.
“It has created a significant level of anxiety in the District Attorney’s Office… and that’s never a good thing in law enforcement,” he said. “They want and need to have stability in management.”
Gutierrez recently was ranked 3.78 on a 5-point scale in this year’s annual report card issued by the sheriff’s union.
His marks have steadily declined over the three years of the report. Last year, he earned a 4.21 grade and the year prior, 4.25.
The grades are based on anonymous feedback from deputies and lower- ranking staffers in the investigations bureau.
One anonymous poster wrote, “Department was excited when Lou was promoted because of his realistic approach to how division should operate. Now, just say yes to anything the chief says and wants.”
In a listing of “areas of improvement” in the report, Gutierrez was advised to “stop being a yes-man to the chief.” It was also noted, “He can’t make a decision. He will tell you something and later go back on his word.”
Gutierrez was praised for being “approachable and a good listener” as well as “honest, caring and good person. Respected and trusted.”
— City News Service