The American Civil Liberties Union says Orange County prosecutors and the sheriff’s department are still using jailhouse informants illegally, a claim that could affect local convictions dating back to the 1980s.

The allegation, made in a civil lawsuit filed Wednesday in Orange County Superior Court, is based partly on findings that came to light during the penalty phase of the trial of Scott Dekraai, who admitted killing eight people at a Seal Beach hair salon in 2011.

Last year, Dekraai was sentenced to life in prison, not the death penalty requested by prosecutors, after then Superior Court Judge Thomas Goethals ruled that the DA’s office and the sheriff’s deputies had broken the law in their use of informants and withholding of evidence.

Though Goethals’ ruling has been echoed by judges in other courts and by appellate court judges who described the illegal use of informants and withholding evidence in Orange County as extending far beyond Dekraai, to the point that it is “systemic,” District Attorney Tony Rackauckas remains defiant that the snitch scandal is an overblown, media-driven issue.

Last month, at a private campaign event, Rackauckas went further, telling potential re-election supporters that Goethals made his rulings in the Dekraai case because Goethals’ son was denied a job at the DA’s office. Rackauckas offered no evidence to substantiate the allegation of bias and his office has not filed any formal complaint.

On Wednesday, Rackauckas said through an official that the ACLU also is biased and that he will continue to use informants. A statement from his office said the “use of informants has been consistently upheld by the United States Supreme Court … Therefore, the Orange County District Attorney’s Office will continue to lawfully use all evidence lawfully developed by local law enforcement.”

The Orange County Sheriff’s Department declined to comment due to the pending litigation but said it has cooperated fully with ongoing investigations into the informant question being conducted by the California Attorney General and Department of Justice.

The ACLU pointed to findings that extended beyond the Dekraai case, and argued that the DA and Sheriff’s Dept. have done nothing to fix any problems.

The lawsuit argues:

Sheriff records showed evidence of a widespread jailhouse informant program dating back to the 1980s, with deputies routinely placing defendants near other inmates who, in some cases, were recording their conversations.

Other records showed how some local informants were paid — in everything from cash and jailhouse perks to reduced sentences — for providing information in dozens of cases.

In at least one case, prosecutors allowed an informant to make thinly veiled threats of a Mexican Mafia assassination to get a defendant to incriminate himself.

“In the face of revelations that their offices orchestrated, condoned, and shielded from scrutiny an Informant Program that spawned innumerable constitutional violations, the OCDA and the OCSD continue to insist that they have done nothing wrong,” the suit says.

“These are not the actions of agencies that intend to change their ways.”

Theresa Smith, left, whose son Caesar Cruz was killed by Anaheim police in 2009, takes part in a press conference announcing a lawsuit against the Orange County District Attorney’s office in Santa Ana on Wednesday, April 4, 2018. Also, part of the lawsuit is Tina Jackson, a member of People for the Ethical Operation of Prosecutors and Law Enforcement, center, and Bethany Webb, whose sister Laura Webb-Elody was killed in the Seal Beach Salon Meritage mass shooting in 2011. (Photo by Mindy Schauer, Orange County Register/SCNG)

Somil Trivedi, a lawyer with the national ACLU, talks to media outside the Orange County District Attorney’s office in Santa Ana on Wednesday, April 4, 2018. He announced a lawsuit against Tony Rackauckas and Orange County Sheriff Sandra Hutchens over their jailhouse informant program. (Photo by Mindy Schauer, Orange County Register/SCNG)

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Theresa Smith, left, Bethany Webb, and attorney Jacob Kreilkamp, take part in a press conference announcing a lawsuit against Orange County District Attorney Tony Rackauckas and Orange County Sheriff Sandra Hutchens in Santa Ana on Wednesday, April 4, 2018.. (Photo by Mindy Schauer, Orange County Register/SCNG)

Theresa Smith whose son Caesar Cruz was killed by Anaheim police in 2009, gets a hug from supporter Miguel Mondragon during a press conference announcing a lawsuit outside the Orange County District Attorney’s office in Santa Ana on Wednesday, April 4, 2018.(Photo by Mindy Schauer, Orange County Register/SCNG)

Brendan Hamme, a staff attorney for the Southern California ACLU, talks to media outside the Orange County District Attorney’s office in Santa Ana on Wednesday, April 4, 2018. He talked about a lawsuit against Tony Rackauckas and Orange County Sheriff Sandra Hutchens over their jailhouse informant program. (Photo by Mindy Schauer, Orange County Register/SCNG)



Somil Trivedi, a lawyer with the national ACLU, talks to media outside the Orange County District Attorney’s office in Santa Ana on Wednesday, Apr 4, 2018. He announced a lawsuit against Tony Rackauckas and Orange County Sheriff Sandra Hutchens over their jailhouse informant program. (Photo by Mindy Schauer, Orange County Register/SCNG)

Theresa Smith, left, whose son Caesar Cruz was killed by Anaheim police in 2009, Tina Jackson, a member of People for the Ethical Operation of Prosecutors and Law Enforcement, center, and Bethany Webb, whose sister Laura Webb-Elody was killed in the Seal Beach Salon Meritage mass shooting in 2011, takes part in a press conference announcing a lawsuit against the Orange County District Attorney’s office in Santa Ana on Wednesday, April 4, 2018. (Photo by Mindy Schauer, Orange County Register/SCNG)

Bethany Webb comforts Theresa Smith after they both spoke during a news conference in Santa Ana announcing a lawsuit against District Attorney Tony Rackauckas and Orange County Sheriff Sandra Hutchens over their jailhouse informant program on Wednesday, April 4, 2018.(Photo by Mindy Schauer, Orange County Register/SCNG)

In a news conference outside of Rackauckas’ Santa Ana office, ACLU lawyers said Wednesday that Rackauckas and Orange County Sheriff Sandra Hutchens should be held personally accountable.

“The magnitude of systemic problems in the (DA’s) office cannot be overlooked,” said ACLU lawyer Brendan Hamme.

“It is the prosecution’s duty to see that justice is done, not to win at all costs.”

Bethany Webb, whose sister was killed by Dekraai and is one of the named plaintiffs in the ACLU suit, said prosecutors abused their power.

“It was an open and shut case that should have had a quick and easy ending, but it turned into a six-year nightmare,” Webb said.

“I was heartbroken to see my representatives were not trusted with the law they were upholding.”

Two other named plaintiffs in the civil case include Orange County residents Theresa Smith, whose son was killed by Anaheim police, and Tina Jackson, founder of Angels for Justice, which supports prisoners and their families.

The suit did not seek specific monetary damages for any of the plaintiffs.

The ACLU allegations could touch on cases dating back to the 1980s.

Among the findings in Dekraai were internal records kept by jail deputies extending several decades, showing that they routinely put informants near defendants to get information — a practice that can be legal if properly managed.

To date, beyond Dekraai, at least seven murder or attempted murder cases have been reduced or dismissed following allegations of misconduct. The ACLU argues that as many as 18 cases have been tainted by informant problems.

The lawsuit wants the county to study the issue and reach out to anybody whose case might have been touched by informant problems. The suit also asks that the DA’s office create a database with informant information and make it available for people whose cases involve an informant.

“The OCDA’s misconduct has tainted numerous cases – the precise number is yet unknown, and part of the reason this lawsuit is necessary,” the suit says.

Scott Sanders, the Orange County assistant public defender who represented Dekraai and worked to uncover the informant program, said Wednesday that the ACLU suit might spark change.

“Despite all that has been learned over the past four years, and the ever-growing number of cases affected, it is absolutely clear that Mr. Rackauckas and Sheriff Hutchens oppose efforts to deliver true reform to the system and justice to those who have been cheated,” Sanders said.

“This filing by the ACLU was greatly needed and should be appreciated by everyone who wants these immense problems addressed.”