Rackauckas Denied Access to Records of Inquiry Into His Office

A federal judge will not allow Orange County Dist. Atty. Tony Rackauckas to review records of an attorney general investigation of his office, records that Rackauckas said he needed to defend himself in a lawsuit filed by one of his prosecutors.

The dispute involves a federal lawsuit that Deputy Dist. Atty. Mike Jacobs filed against Rackauckas in 2001 alleging that he was fired by the district attorney after he accused Rackauckas of misconduct in office.

Attorneys for Rackauckas and the county argued that they needed to review records from a state investigation of the district attorney’s office in order to defend against Jacobs’ lawsuit. Jacobs told attorney general officials in 2001 that he believed Rackauckas committed a crime when he shut down an investigation into one of his friends.

The attorney general’s office investigated Jacobs’ allegations but did not file a criminal charge against the district attorney. State investigators also helped the Orange County Grand Jury prepare a report, released in 2002, that was highly critical of Rackauckas’ conduct in office.

Jacobs was fired in 2001, a few months after making his complaint to the attorney general and making critical statements about Rackauckas to the news media. In May, he won his job back through mediation.

Magistrate Judge Marc L. Goldman ruled that the attorney general records were irrelevant to the lawsuit and were protected investigative documents. He also prohibited attorneys for Rackauckas and the county from questioning Deputy Dist. Atty. Christopher Kralick about his involvement with the attorney general investigation.

“The requests seem more calculated to allow the defendants to parse the attorney general’s files for the purpose of constructing a legal or political rebuttal to the findings of the grand jury” than a legitimate attempt to retrieve evidence for the lawsuit, Goldman wrote in his Sept. 4 ruling.

Deputy Dist. Atty. Susan Schroeder, a prosecutor who handles Rackauckas’ media requests, did not comment on the decision.

Lawyers for Atty. Gen. Bill Lockyer argued against sharing the records with the district attorney, contending they were confidential.

“We’re pleased with the court’s decision. We think he made the right decision,” said Nathan Barankin, a spokesman for Lockyer.