Attorneys gave their final arguments at a hearing Thursday, which addresses allegations by the defense that the failure by prosecutors and the Sheriff’s Department to turn over records in the past – and the potential that they still haven’t turned over everything – suggest Dekraai won’t receive a fair penalty trial and he should be spared the death penalty.
Superior Court Judge Thomas M. Goethals Friday ordered Sheriff Sandra Hutchens to retain all relevant jail informant records after disclosures that the county Board of Supervisors had at one point approved a policy allowing such records to be destroyed.
While Proposition 62, which would outlaw the death penalty in California, has received the most attention this election year, District Attorney Tony Rackauckas and local billionaire Henry Nicholas are championing a competing measure aimed at speeding up executions.
For nearly two weeks, Superior Court Judge John D. Conley has refused to unseal a motion filed by the public defender for Daniel Patrick Wozniak, which represents the double murderer's last-ditch effort to avoid the death penalty.
Scott Sanders, the public defender who exposed the county's jailhouse snitch operation, is now alleging in a letter that sheriff's deputies surreptitiously eavesdropped on a constitutionally protected conversation he had with mass-murderer Scott Evans Dekraaai in jail.