Rackauckas’ Threat of Firing Is Called Retaliatory

An attorney for a top Orange County prosecutor on Thursday accused Dist. Atty. Tony Rackauckas of trying to fire his client in retaliation for reporting alleged criminal conduct by the district attorney.

Assistant Dist. Atty. Mike Jacobs, a 25-year prosecutor who has handled some of the county’s most sensational cases, was escorted out of the office Monday and handed a termination notice.

The move came two months after Jacobs went to Sacramento with two other prosecutors and asked officials at the state attorney general’s office to investigate Rackauckas for alleged improprieties involving a nonprofit charity in his name.

“Mr. Rackauckas is retaliating against people who are willing to stand up and report illegal activity,” attorney Gary Bennett said. “If you don’t like the messenger, I guess you just kill the messenger.”

Rackauckas, through a spokeswoman, declined to discuss his move against Jacobs, citing state personnel laws.

Jacobs, 51, was placed on paid administrative leave, pending termination. He has until Monday to file a written response to the proposed firing.

Jacobs was the first Orange County prosecutor to use DNA to obtain a rape conviction and was instrumental in setting up a program that uses DNA to solve cold homicide cases. He has prosecuted dozens of homicides, obtaining five death sentences, the second most in office history.

“I’ve never had any disciplinary action. I don’t believe I’ve ever had a single complaint against me. I think my record speaks for itself,” Jacobs said.

In a letter detailing the reason for the proposed firing, Rackauckas mentioned both the complaints to the attorney general and comments Jacobs made to the news media about Rackauckas, Bennett said.

“It appears Mr. Rackauckas is not familiar with the 1st Amendment,” Bennett said. “If this were ever to see a jury, I think they would be appalled by what’s happened to Mr. Jacobs.”