Orange County to Seek Death Penalty for All Public Murders

Responding to the deadly rampage at an Anaheim hospital this week, Orange County Dist. Atty. Tony Rackauckus announced Thursday that he will seek the death penalty for anyone accused of committing homicide in a public place.

The first person affected under the new policy is Dung Trinh, 43, who was charged Thursday with the murders of three employees at the West Anaheim Medical Center. Previously, the decision on whether Orange County prosecutors would seek the death penalty in particular cases was made by a committee from the district attorney’s office.

“There isn’t going to be any wringing of hands in Orange County about seeking the death penalty,” Rackauckus said. “The intention is to make it clear to the public, to anyone who might be thinking about . . . going out and arbitrarily killing anybody.”

Legal experts believe Orange County is the only jurisdiction in the state to institute such a policy, and some questioned its wisdom.

“D.A.s are supposed to exercise discretion in using the death penalty,” said Santa Clara University law professor Gerald Uelmen. “How can they say they’re exercising discretion if they’re announcing in advance that all cases will be handled in a particular way?”

In addition to being charged with killing Ronald Robertson, Marlene Mustaffa and Vincent Rosetti, Trinh was charged with attempted murder for allegedly firing at a nurse. He is eligible for the death penalty because there were multiple homicides and because he is accused of lying in wait.