Kaus Expected to Direct Jailhouse Informant Probe

Retired California Supreme Court Justice Otto M. Kaus is expected to be named shortly to direct a grand jury investigation into whether Los Angeles County law enforcement officials misused jailhouse informants, the attorney general’s office said Monday.

Word of the impending appointment was greeted with enthusiasm by local prosecutors and defense lawyers, who expressed confidence in Kaus’ ability to conduct a thorough and fair-minded probe.

The investigation is expected to center on allegations by informants that they have faked confessions--sometimes with the help of law enforcement personnel.

“I think it’s an outstanding selection,” said Robert Berke, a defense lawyer who has pressed for the appointment of a special counsel since last year on behalf of the 2,000-member California Attorneys for Criminal Justice. “He has unquestioned integrity and he is not associated with any of the parties in this. He is unquestionably bright and will conduct a thorough investigation. That’s all we’ve been asking for.”

Chief Deputy Dist. Atty. Gregory Thompson, whose office joined the defense bar’s request in January, said: “We encouraged the grand jury inquiry because we think it best addresses the issue of public confidence in the system. To this end, Justice Kaus fills the bill. . . . We look forward to working with him on what is a very important issue to the district attorney.”

Atty. Gen. John K. Van de Kamp confirmed through a spokesman that he has asked Kaus to serve as special counsel for the grand jury “to investigate allegations of official misconduct by prosecutors, law enforcement personnel or jailers in connection with the use of jailhouse informers in criminal proceedings.”

“Van de Kamp,” the spokesman said, “is expected to formally designate Kaus as special counsel in accordance with the attorney general’s statutory authority shortly.”

A well-placed source said that Van de Kamp was waiting as a matter of courtesy to see if the county Board of Supervisors, which must foot the bill for the special counsel, objects to the choice of Kaus. The board is not required under statute to approve the selection.

Barring an objection, Kaus is expected to head a team of attorneys from Hufstedler, Miller, Kaus & Beardsley, the prominent downtown law firm where he is a partner.

During his tenure on California’s high court from 1981 to 1985, when he retired, the 69-year-old Kaus achieved a reputation for common sense, wit and first-rate legal scholarship.

County officials have reportedly agreed to provide him with some investigative staff, although no details of this could be learned Monday.

Another source said Kaus was selected by the attorney general more than a week ago, but that announcement of his being named was held up as a result of a dispute over money, with the county counsel’s office unwilling to provide the funds Kaus wanted.

Assistant County Counsel Fred Bennett did not respond to a telephone message Monday.

Kaus declined to comment on his selection.

Los Angeles County Grand Jury Foreman Robert D. Leland said he had not been informed of the impending appointment. “It’s news to me,” he said. “I’m glad to hear it.”

The grand jury asked for an attorney to direct a probe of jailhouse informants after a longtime informant, Leslie Vernon White, demonstrated for jailers that he could gather enough information to fabricate the murder confession of a defendant he had never met.

The demonstration last fall called into question the district attorney’s use of jailhouse informants, who have testified in about 200 cases, mostly involving murders, in the last decade.

Normally, the district attorney’s office advises the grand jury. However, in this case, the district attorney’s office had a potential conflict of interest.

The grand jury, whose term expires July 1, made a series of requests, beginning in January, for the attorney general’s office to appoint a special counsel to direct a grand jury investigation.