Accused Killer Has Unlikely Supporter

Attorneys for a man accused of a mass shooting at an Anaheim hospital want Orange County Dist. Atty. Tony Rackauckas off the case, saying his policy of seeking the death penalty in all public killings is arbitrary and unfair.

Accused killer Dung Trinh has found an unexpected ally in his battle--a former senior prosecutor who contends Rackauckas marked Trinh for death in part because the D.A.’s father was at West Anaheim Medical Center shortly before the Sept. 14, 1999, shooting.

In court papers filed this week, the former head of the district attorney’s homicide unit contends Rackauckas faced strong opposition from within the office to his blanket policy, announced two days after Trinh’s arrest.

But Rackauckas insisted there would be no debate about the Trinh case and reminded his prosecutors that he had been at the hospital to visit his ailing father only days before the shooting spree, said former Assistant Dist. Atty. Mike Jacobs, who was fired by Rackauckas earlier this year.

“The case was particularly aggravating and upsetting to him since his father had been hospitalized at the same hospital where the shooting had taken place,” Jacobs wrote in a letter prepared for Trinh’s defense.

Rackauckas has said he has no conflict with the Trinh prosecution, saying the three killings clearly merit the death penalty. A top aide to the district attorney said Jacobs mischaracterized Rackauckas’ statements, saying prosecutors had an open and frank discussion about the new policy.

“It’s a real shame a former prosecutor would attempt to jeopardize a case with innocent victims involved,” said Chief Assistant Dist. Atty. Chuck Middleton. “Making statements in a declaration that aren’t true like that, there’s an obvious attempt to jeopardize the case.”

Trinh is accused of killing three people at West Anaheim Medical Center, where his ailing mother had been treated several months before her death.

Rackauckas announced two days after the shootings that he would pursue the death penalty against anyone who committed a public killing. Defense lawyers expressed outrage at the policy, saying prosecutors should consider factors such as mental illness or criminal history before making such an important decision.

In addition to calling the policy unfair, Trinh’s lawyers contend Rackauckas should be removed from the case because of his family’s involvement with the hospital. If Orange County prosecutors are removed from the case, the state attorney general would take over the case.

An Orange County judge is scheduled to hear the matter next month.