A San Diego County judge has refused to dismiss murder charges against a man facing retrial in the killing of a boyhood friend, but instead reduced the potential sentence because of “reprehensible” conduct by the former prosecution team.
Judge Daniel Goldstein ruled Tuesday that former prosecutor Ebrahim Baytieh — who is now an Orange County judge — was not truthful during the prosecution as well as at a recent special hearing. Goldstein’s ruling means that the defendant Paul Gentile Smith will not face a special circumstance charge in the 1988 slaying and cannot be sentenced to life without parole if found guilty.
Smith was convicted in 2010 of fatally stabbing boyhood friend Robert Haugen in Sunset Beach and setting his body on fire. The conviction was overturned in 2021 amid allegations that Baytieh and the prosecution team withheld evidence that multiple jailhouse informants were illegally used in the case. A new trial was ordered and moved to San Diego County to avoid a conflict of interest because Baytieh now sits on the Orange County bench.
Assistant Public Defender Scott Sanders, who is representing Smith, applauded Goldstein’s ruling even though it fell short of his request that the charges be dismissed altogether.
“This is a deservedly devastating ruling for the Baytieh-led prosecution team,” Sanders said. “The court meticulously analyzed the facts and law and found that the prosecution engaged in what Judge Goldstein described as ‘reprehensible’ conduct warranting the dismissal of the special circumstance that would have made Mr. Smith ineligible for parole.”
Orange County District Attorney Todd Spitzer, who was not in office when the Smith case first went to trial, said he was not surprised by Goldstein’s order.
“The judge chose the appropriate remedy because of outrageous governmental conduct on the part of Ebrahim Baytieh,” Spitzer said. “The court specifically found he was not truthful under oath. I fired him because he lied to the Department of Justice and he was untrustworthy as a prosecutor.”
Goldstein found problems in the way the district attorney’s office, then led by Tony Rackauckas, and the Orange County Sheriff’s Department handled evidence in the case.
“Regardless of the 2009-2010 prosecution team’s intent, the manner in which evidence was logged and transferred between OCSD and OCDA was rife for abuse and exhibited a level of recklessness that bordered on bad faith,” Goldstein wrote.
This is a developing story. Please check back for updates.
Read More Details
Finally We wish PressBee provided you with enough information of ( San Diego judge refuses to dismiss murder charge in retrial of OC killing, but blasts prosecution )
Also on site :
- Grandpa of Idaho shooting suspect Wess Roley, 20, breaks his silence as chilling new details emerge about his past
- Cruise Passengers Capture 'Miracle' Rescue After 2 Go Overboard: 'Tiny Dots Left Behind in a Massive Ocean'
- Rachael Ray Nearly Unrecognizable Amid Fan Concerns About Her Health