Scott L. Sanders

Sanders scored an monumental victory when he persuaded a superior court judge to take the death penalty off the table for a mass murderer in the wake of unconstitutional use of jail informants in Orange County. The dismissal culminated five years of work that exposed a secret network inside Orange County’s jails that involved trained informants questioning inmates already represented by attorneys.

Sanders’ litigation, backed by vast amounts of research and tens of thousands of pages of exhibits, led to the removal of the Orange County district attorney’s office from the murder case, and his continued digging led to an unprecedented evidence hearing that ended with the dismissal of the death penalty in August. Sanders questioned 19 witnesses, including Sheriff Sandra Hutchens, to try to show that the sheriff’s department couldn’t be trusted to turn over all evidence. People v. Dekraai, 12ZF0128 (O.C. Super. Ct., filed Oct. 14, 2011).

Barring an appeal, Orange County’s deadliest mass killer will be sentenced Sept. 22 to eight consecutive life sentences.

Uncovering the extent of illegal informant use inside the jails involved researching dozens of other cases. Some of his research has been recognized in litigation by other defense attorneys, and he has a secret source inside the Orange County sheriff’s department who’s provided him with critical information.

In his 25th year with the Orange County public defender’s office, Sanders credits his mother’s career as a special education teacher with sparking his interest in indignant defense.

“It just kind of ingrained a public service for those who get less resources,” he said. He said he focuses on the facts when criticized for his work.

“I look at who’s leveling it and what their reasons may be for being critical, and I also go back to what we know is the truth about what took place here,” Sanders said. “If anybody was to sit down with me for a couple hours and I was to walk you through it, you really would be left with little choice but to accept the enormity of the problem here.” The 4th District Court of Appeal backed up Sanders’ claims when affirming the removal of the district attorney’s office from Dekraai. Sanders said he hopes his work will lead to more litigation on behalf of other defendants.

“This is something that monumentally affects indigent defendants, and I hope people will pay attention to it and worry about people who have been left behind and really cheated,” he said.

— Meghann M. Cuniff