Jill Replogle
covers public corruption, debates over our voting system, culture war battles — and more.
Published October 12, 2023 12:43 PM
Theo Lacy Facility in Orange County is one of the jails where informants were used to pry information from defendants, sometimes resulting in constitutional violations.
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Robyn Beck
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Getty Images
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Topline:
A new tally released earlier this month lists 57 Orange County criminal cases that were tainted as a result of official misconduct uncovered in the trial against the county's deadliest mass shooter. New revelations of alleged misconduct could affect dozens more.
The backstory: Nearly a decade ago, lawyers for Scott Dekraai, who killed eight people at a Seal Beach salon in 2011, uncovered evidence of a secret jailhouse informant program that helped prosecutors win convictions, but violated defendants' rights. That misconduct has since been used by other defendants to challenge their own convictions.
Why is this coming up now? In the motion, Sanders cites an additional 98 cases — 45 of them involving murder charges — where he said defense attorneys should have been handed evidence that could help their clients' cases.
What's being done to fix this? The misconduct revealed so far happened under former O.C. District Attorney Tony Rackauckas. His successor, Todd Spitzer, has implemented reforms, including establishing a Conviction Integrity Unitto investigate claims of innocence.
An increasing number of nonprofit innocence projects help people who were wrongly convicted mount legal challenges.
When public officials tasked with holding criminals accountable cheat to win a conviction, it can lead to reduced sentences — even freedom — for other convicted criminals, sometimes dozens of them. It can also give people who were wrongfully convicted a shot at redemption.
A new tally released earlier this month lists criminal cases against 57 Orange County defendants that were tainted as a result of official misconduct uncovered in the trial against the county's deadliest mass shooter, Scott Dekraai, who gunned down eight people at a Seal Beach salon in 2011.
In these cases, which include 35 homicide cases, charges against a defendant were dropped or lessened, or the defendant was granted a new trial. For five defendants, all charges were dismissed.
"Either an innocent person was charged or a guilty person went free, neither of which we like as a society," said Maurice Possley, senior researcher at the National Registry of Exonerations.
The tally was done by Scott Sanders, the O.C. assistant public defender who, nearly a decade ago, was largely responsible for exposing the county’s notorious "snitch scandal." The number of cases tainted by the scandal is much higher than previous, publicly released estimates. And Sanders said there could be many more.
"I'm not saying it's complete by any nature," Sanders said of the list. "It's not."
On top of the cases already impacted by the snitch scandal's long reach, Sanders outlined dozens more cases in a recent court filing that could be revisited because of new evidence of potential misconduct. That misconduct, Sanders alleges, was carried out by O.C. law enforcement officers and a former top prosecutor who is now a superior court judge.
"Whether those cases get justice is very much in question at this moment," Sanders told LAist.
The O.C. District Attorney's Office has yet to file a formal response to Sanders' allegations, which the public defender says justify dropping murder charges against one of his clients. An initial court hearing on the matter is scheduled for Friday in San Diego.
Here's how misconduct uncovered in one case can affect so many other, seemingly unrelated cases.
Assistant public defender Scott Sanders (right) surfaced evidence of a secret, unconstitutional jailhouse informant program while defending Scott Dekraai (left), accused of killing eight people in a Seal Beach beauty salon.
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O.C.'s snitch scandal, a recap
The official misconduct uncovered in the Dekraai murder case, which has been confirmed by courts, internal investigations and the Department of Justice, was twofold: misusing jailhouse informants, commonly known as snitches, and hiding information about it from defendants.
The misconduct happened under the previous O.C. district attorney, Tony Rackauckas, who lost his re-election bid to current district attorney Todd Spitzer in 2018. Spitzer has implemented reforms and pledged not to tolerate cheating among prosecutors and law enforcement.
Rackauckas, who is now in private practice, did not immediately return a voicemail left on his cell phone asking for comment.
Harvard law professor Alexandra Natapoff said jailhouse informants are a common feature of the U.S. criminal justice system. But the way the system works, and its abuses, are often kept quiet.
"Every once in a while there's an enormous debacle … that shines a light not just on an individual jailhouse snitch, but the marketplace within that particular jail," she said.
That's what happened in the Dekraai case.
"Orange County, I think, can fairly be said to now be the poster child for the institution-wide jailhouse snitch scandal model," Natapoff said.
Allegations of wrongdoing by OCDA prosecutors and deputies from the Orange County Sheriff's Department (OCSD) led to a federal civil rights investigation, which began in 2016. That six-year investigation ultimately concluded last year that the OCDA and OCSD "engaged in a pattern or practice of conduct … that systematically violated criminal defendants’ right to counsel."
"The failure to protect these basic constitutional guarantees not only deprives individual defendants of their rights, it undermines the public’s confidence in the fundamental fairness of criminal justice systems across the county,” U.S. Assistant Attorney General Kristen Clarke wrote last year when releasing the results of the probe.
The Department of Justice acknowledged that the OCDA and OCSA had "taken important steps" to remedy their longstanding misuse of informants. But it also said "these steps remain insufficient to fully reveal or redress the violations that resulted from the informant program, or to prevent similar violations from recurring."
The DOJ said it was "critical" for Orange County to form an independent commission to review past prosecutions involving jailhouse informants in order to root out constitutional violations.
It's not illegal for authorities to use confidential informants — in or out of custody — to collect information. But once someone has been charged with a crime, the Sixth Amendment and subsequent court decisions guarantee them the right to have an attorney present during questioning by a law enforcement representative, including an informant secretly working for law enforcement. This is sometimes called the "Massiah" rule after a Supreme Court case.
Prosecutors must also turn over evidence from, and about, jailhouse informants used in a defendant's criminal case because it could help the defendant question the informant's credibility. Failing to do so violates the 14th Amendment and related court decisions, which require prosecutors to share with defendants any evidence they have that could help them prove their innocence. This is sometimes known as the "Brady" rule after another Supreme Court case.
The origins of the snitch scandal
In 2014, Sanders was defending Dekraai and another man, Daniel Wozniak, who was later convicted of double murder, when he began to uncover evidence of a secret informant program in O.C. jails.
The mass murder case against Dekraai should've been a slam dunk — he confessed to the crime soon after the shooting. But deputies decided to put him in a jail cell with a confidential informant, motivated by the possibility that Dekraai might try to plead insanity, according to a 2020 audit of the misconduct commissioned by Spitzer.
Then, prosecutors hid evidence from Dekraai's defense team about the informant and his work on behalf of law enforcement.
Dekraai pleaded guilty in 2014, but his sentencing was delayed for three years while the court investigated police and prosecutor misconduct in the case. Eventually, courts removed the entire Orange County District Attorney's Office (OCDA) from Dekraai's case and ruled that he couldn't be sentenced to death because of the misconduct.
After that ruling, Paul Wilson, whose wife Christy was among those killed by Dekraai, told LAist: “They’ve taken the largest mass murder in Orange County history and they have completely and utterly screwed that case up.”
News of misconduct spreads
As people in custody and their lawyers found out about the debacle, which was extensively covered by local and national media, some discovered their own cases involved the same methods and actors as the ones behind the misconduct in Dekraai’s case.
"If you're sitting in state prison, you're going to probably know about it, you're going to hear about it," Sanders said about early news of the snitch scandal. "People would write in. People would say, 'Hey, I want to have my case addressed.' All sorts of things like that."
Some realized that police officers or sheriff's deputies who testified in their cases were associated with misconduct in the Dekraai case, giving them grounds to question those officers' testimony.
Others came to suspect there might be evidence about informants used in their case that hadn't been turned over to their defense team.
Ramon Alvarez was among those who successfully challenged his conviction. He had been found guilty in 2012 of shooting a man in the head and then storing the body in a Santa Ana yard in a kiddie pool full of ice.
His murder conviction was dismissed last year after he presented evidence that a known jailhouse informant had lied in his case in exchange for an $11,000 check from the Santa Ana Police Department. An assistant district attorney had told the jury in Alvarez's trial that the informant had not been offered anything for his testimony.
A report last year from the Justice Department confirmed that failing to disclose the police department’s payment violated Alvarez's constitutional rights. Federal investigators also pointed to the prosecutor's motive. "The prosecutor conceded during our interview that he could not have successfully prosecuted Alvarez without [the informant]’s testimony," the DOJ investigators wrote, adding that "the only reason for the jury to believe [the informant], who 'had a rap sheet a mile long,' was that he was getting nothing for his testimony."
Judge Ebrahim Baytieh, who has been accused of misconduct while a prosecutor in the O.C. District Attorney's office, now runs Orange County's CARE Court, a court-mandated mental health treatment program.
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Lauren Justice
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Snitch Scandal 2.0?
In some of the cases revisited because of alleged misconduct, O.C. sheriff's deputies refused to testify about their use of informants in order to protect themselves from self-incrimination. In other words, they pleaded the Fifth Amendment.
That's what led a judge to throw out a murder conviction against Paul Smith in 2021. Smith was convicted in 2010 for allegedly stabbing his childhood friend Robert Haugen to death in 1988 and setting his body on fire in Haugen's Sunset Beach apartment.
But a judge ordered a new trial after deputies refused to testify. Spitzer, O.C.’s district attorney, said at the time that top prosecutor Ebrahim Baytieh, who's now an O.C. Superior Court judge, failed to turn over evidence of the informant use to the defense.
Spitzer fired Baytieh in February 2022, but the former prosecutor went on to win election to the O.C. Superior Court a few months later, with endorsements from dozens of current and former judges and law enforcement leaders.
In a lengthy court document filed last month in Smith's case, Sanders now alleges that Baytieh was at the center of an "enormous web of deception" designed to cover up misconduct that helped prosecutors win cases while cheating defendants out of their right to a fair trial.
"As detailed for the first time in this motion, Baytieh energetically worked to prevent both the informant program from being uncovered and evidence about specific informants being disclosed because he knew that these disclosures would make it more difficult to win particular cases," Sanders wrote.
Sanders also alleges that Baytieh — who had been lauded for his ethics at the district attorney's office and put in charge of determining which evidence prosecutors needed to disclose — was in fact among the worst offenders in the jailhouse snitch scandal.
A spokesperson for Orange County Superior Court has said the court and judicial officers are prohibited by ethical rules from discussing active cases. The district attorney's office did not immediately respond to a request for comment on the allegations.
In the motion, Sanders cites an additional 98 cases — 45 of them involving murder charges — where he said defense attorneys should have been handed evidence that could help their clients' cases.
Sanders argues that the misconduct is so egregious that the murder charges against Smith should be dropped.
How common is this kind of misconduct?
Possley, from the National Registry of Exonerations, said we don't really know how common it is for law enforcement officials and prosecutors to withhold evidence because it's a "hidden crime."
"What we know is that sometimes this stuff comes to light decades later," he said.
The National Registry of Exonerations found in a 2020 report that official misconduct, usually by police officers or prosecutors, contributed to false convictions in 54% of cases where the defendant was later cleared of charges. Black exonerees were more likely than white exonerees to have faced misconduct in their cases, especially when charged with murder or drug crimes.
The report found that hiding evidence that could have helped a defendant prove their innocence was the most common type of misconduct, having been involved in 44% of the cases they examined.
The researchers didn't specifically look at how often the use of jailhouse informants was tied to the misconduct. But a review of the registry's database turns up 164 out of 3,385 cases in which official misconduct and jailhouse informants played a role in a person's exoneration.
The registry, which has been collecting data since 1989, defines exoneration as being completely cleared of charges based on new evidence of innocence.
Not all snitch scandals have such a far reach
Orange County is certainly not the first place to get caught up in scandals over jailhouse informants. The problem goes way back and wide — across the country and right next door in Los Angeles.
L.A.'s own jailhouse informant scandal, which came to light in the late 1980s, blew up when a prolific informant named Leslie White showed authorities how he could fake a murder confession from a defendant in jail by impersonating officials to get information about a case. He would then finagle placement in the same room as the target so he could make a confession look plausible.
"Perjury has been committed," White wrote from jail in a 1988 Los Angeles Times op-ed. "That is a fact, not a possibility."
At the time, the Los Angeles District Attorney's Office said it planned to review every case in the preceding decade in which a jailhouse snitch testified to getting a confession.
A few years later, a grand jury investigating the scandal reported there were between 150 and 250 criminal cases in which jailhouse informants had testified over the previous decade. But it's unclear how many of those cases were reopened because of the damning revelations about informants in L.A. jails.
The National Registry of Exonerations includes nine people in L.A. County whose ultimate finding of innocence was at least partially due to official misconduct and the use of a jailhouse informant.
But unlike Sanders' list of cases affected by misconduct in the O.C. snitch scandal, LAist could find no record of the total number of cases impacted by L.A.'s snitch scandal, including cases in which sentences were reduced or a new trial was ordered.
Why the apparent difference? Possley said a big reason is Sanders. In L.A., there was no similarly determined defense attorney working to identify and revisit cases that may have been tainted.
"Sanders has had to swim upstream the whole goddamn time," Possley said.
He said there has historically been resistance among criminal justice officials to make the kinds of misconduct connections that Sanders has among disparate cases. "Because they know that there's a problem and that starting to tug on that string might unravel a pretty big piece of fabric," he said.
Sanders himself credits the O.C. public defender's office for giving him and other colleagues the time and resources to investigate the extent, and effects, of misconduct.
"Our office has encouraged and allowed me and others to do this work now for nearly a decade," Sanders said. "We're going into the second decade here. … And even with that, it's going to be difficult for all of the cases to get addressed in the way they should."
Natapoff, the Harvard scholar who's an expert in snitching, said the O.C. scandal is "both a cautionary tale of what happens when we leave the informant market unregulated and also a sign to us that without public defender offices and attorneys willing to spend the resources to uncover these kinds of scandals, we are likely never to learn about them."
A new conversation about criminal justice
Natapoff says informants are just one aspect of a system that has turned criminal justice into a marketplace.
"The people who run the jails understand that this market is robust, that information can be obtained — fabricated or not, as it were — and prosecutors understand that there is a machinery for producing information in the jails, which comes with its own baggage," she said.
Incarcerated people — and most anyone who's spent time in custody — also understand "that if they can produce information about a cellmate or someone else in the jail, that a reward will be forthcoming," Natapoff added.
One of the reasons the public doesn't hear more about the misuse of jailhouse informants, she said, is because the vast majority of criminal cases — about nine in 10 — end in plea deals, not trials.
"In effect, the informant market is the sort of under-the-table, black market version of our general plea bargaining system, which says we negotiate all cases, we negotiate all guilt," Natapoff said. "We almost never litigate the facts anymore."
In a system that runs on deals, she said, “law enforcement is incentivized, even systemically encouraged, to engage in all kinds of deal-making with suspects and defendants who might be useful to them."
But as informant scandals have emerged over the years, an increasing number of jurisdictions have enacted reforms, which Natapoff chronicles on her website.
Plus, she said, the conversation around criminal justice has changed over the years.
"Twenty years ago, we did not have the so-called bipartisan consensus that mass incarceration is a terrible idea. Twenty years ago, we were not having a conversation about Black Lives Matter or debtors' prison or all the conversations that we now have about the unfairnesses and the dysfunctions of our criminal system," Natapoff said.
Innocenceprojects have increasingly sprungup to help people who were wrongly convicted challenge their fate. On the institutional side, many district attorneys' offices, including Orange County, have opened "conviction integrity units" to investigate claims of innocence.
But because of the decentralized nature of criminal justice in the U.S., reforms tend to be piecemeal, Natapoff said, and uncovering misconduct is often up to outsiders.
"The criminal system itself does not divulge these facts," Natapoff said, referring to the big informant scandals of recent decades. "It was advocates, it was the innocence movement, it was journalism starting to chip away at the culture of secrecy."
What to expect: Morning clouds even patchy fogs for some areas followed by a mostly sunny afternoon. Temperatures are going to rise up a bit with highs in the 70s and 80s today.
Read on ... to learn about warnings for beach goers this weekend.
QUICK FACTS
Today’s weather: Cloudy morning then mostly sunny
Beaches: 65 to 71 degrees
Mountains: low 70s to 80s
Inland: 76 to 83 degrees
Warnings and advisories: None
May gray skies will continue to keep the mornings on the cooler side, but come later this afternoon we'll see some sunshine and slightly warmer temps.
High temperatures along the beaches will stay in the mid 60s to around 70 degrees, and reach the lower 70s for the inland coast.
For the valleys, temperatures will reach the upper 70s. Meanwhile the Inland Empire will see highs up to 83 degrees.
Coachella Valley will see highs from 95 to 100 degrees.
Looking ahead to the weekend, the National Weather Service is forecasting high surf and dangerous rip currents for nearby beaches.
Come Saturday afternoon around 3:00, Ventura County will be under a high surf advisory. That will last until 9 a.m. Monday. Waves could be five to eight feet tall.
Meanwhile, the Malibu coast and L.A. County beaches will see dangerous rip currents and breaking waves starting Saturday evening through Monday morning. Swimmers, surfers and beach goers should be careful.
Jill Replogle
covers public corruption, debates over our voting system, culture war battles — and more.
Published May 15, 2026 5:00 AM
An aerial view of Huntington Beach.
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trekandshoot/Getty Images
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iStockphoto
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Topline:
Surf City's once-solid MAGA coalition appears to be fracturing, largely over allegations of “cronyism” — contracts, deals, favors, and political appointments that appear to benefit friends and family of the city’s leaders.
What's the backstory: Several members of the council publicly lambasted the mayor’s proposal to award a lucrative contract to the fiance of his appointee to a city commission, at a time when the city is facing a budget crunch. The public backlash was swift from across the political spectrum — an unusual occurrence in the politically polarized city.
Why it matters: The rift comes at a fraught time for the MAGA movement: Nationally, the coalition is splintering over the war in Iran; Locally, a deepening budget crisis in Huntington Beach has caused some residents and local leaders to look more closely at the city’s recent spending decisions.
Read on ... for more about the controversy.
Since staunch conservatives achieved full control of Huntington Beach’s seven-member City Council in 2024, they have voted in lockstep to fight state mandates to build more housing, and for the right to censor books in the children’s library. They also voted unanimously to install a commemorative plaque at the library that spells out “M-A-G-A” and to commission a public mural to honor slain conservative activist Charlie Kirk.
But the city’s once-solid MAGA coalition appears to be fracturing, largely over allegations of “cronyism” — contracts, deals, favors and political appointments that appear to benefit friends and family of the city’s leaders. In April, several members of the council publicly lambasted the mayor’s plan to award a lucrative contract, seemingly out of nowhere and without competitive bidding, to the fiance of his appointee to a city commission.
The public backlash was swift from across the political spectrum — an unusual occurrence in the politically polarized city. An equally unusual display of dissent arose from the once-allied council. One of the dissenters, City Councilmember Chad Williams, told LAist he was outraged by “the audacity of our own mayor to push through this sweetheart deal for his commissioner’s fiance. Our city deserves better,” he said.
The mayor, Casey McKeon, told LAist he didn’t “understand the pushback.” He said the consultant who would have benefited from the contract, Tyler Wolff of Wolffhaus Studio & Creative, “happens to be one of the best in the industry. Why should we not engage in his services?”
Wolff, for his part, told LAist he merely saw problems with the city’s “brand ecosystem” — including events, merchandising and media outreach — and proposed solutions. “There’s no creative leadership, there’s no oversight, and there’s no accountability,” he said. Wolff said he was caught off guard by the controversy over the proposed contract for his company. “I know nothing about the RFP procurement process,” he said.
How to attend Huntington Beach City Council meetings
Huntington Beach holds City Council meetings on the first and third Tuesday of each month at 6 p.m. at City Hall, 2000 Main St.
You can also watch City Council meetings remotely on HBTV via Channel 3 or online, or via the city’s website. (You can also find videos of previous council meetings there.)
The public comment period happens toward the beginning of meetings.
The city generally posts agendas for City Council meetings on the previous Friday. You can find the agenda on the city’s calendar or sign up there to have agendas sent to your inbox.
Ultimately, McKeon withdrew the contract with Wolffhaus under pressure, and the city is currently evaluating alternative bids (including from Wolffhaus).
The rift comes at a fraught time for the MAGA movement: Nationally, the coalition is splintering over the war in Iran; Locally, a deepening budget crisis in Huntington Beach has caused some residents and local leaders to look more closely at the city’s recent spending decisions.
At the heart of the city’s problems is cronyism, critics say. But not everyone agrees on what falls into that category.
The backstory
The latest controversy started when a proposal to award a $720,000 contract to Wolffhaus appeared on the city’s April 7 council meeting agenda, proposed by Mayor McKeon. The two-year contract was for revamping and maximizing the city’s “brand,” including ramping up sales of HB merch, opening a film commission, and improving the city’s public relations. The ultimate goal is to generate more revenue to help close a looming budget gap.
Several council members said they had no prior knowledge of the initiative before it appeared on the agenda — nor did they know that the city had already paid Wolff $30,000 to “audit” the city’s branding and communications strategy.
Critics, including Councilmember Williams, pointed out what they characterized as a number of other red flags, including Wolffhaus’ unfinished website which included a contact number that went to an adult hotline. (Wolff said it was a mistake and is now fixed.) The contract also contained a clause stating that, should the city want to cancel the contract at any time without cause, it would owe half of the remaining allocated funds to Wolffhaus. Williams called it a potential “windfall for work that was never done.”
“This was tailor made for Tyler [Wolff],” Williams said of the contract.
City Councilmember Andrew Gruel sided with Williams in vocally opposing the contract, calling its road to near-approval “sloppy.” Gruel told LAist he has a high regard for Wolff’s work, but was concerned about the transparency leading up to the contract’s sudden appearance on the council’s agenda. “I think the whole process was upside down,” Gruel said.
The council’s usual critics were livid, lambasting the personal connection between McKeon and Wolff and the lack of a competitive bidding process, which is generally required for large contracts.
“The whole thing just smacks of cronyism, backroom deals, sloppiness, lack of accountability, fiscal responsibility, I mean, pick some adjectives,” said Cathey Ryder, co-founder of the group Protect HB. The group has been a frequent foil to the current council’s agenda, including spearheading a ballot initiative last year that overturned the library censorship measure.
But indignation came in equal measure from the other side of the proverbial aisle, including from former backers of the mayor and his allies.
“I’ve supported most of the people on this city council for a long time,” resident Domnic McGee said during public comment at the April 7 meeting. “But it seems that certain people are ruling by fiat,” he said, referring to McKeon.
McGee, who serves on the city’s planning commission, told LAist he worried that the communications contract would give the mayor a direct line to “spin” the messaging coming out of the city during election season. McKeon is up for re-election this fall.
“Casey [McKeon] will be able to override anything he doesn't like and overemphasize what he does,” McGee said. “And he could pretty much use this for his campaign.”
McGee said he campaigned for McKeon in 2021 but would now “never vote for him again.”
Following the outcry, McKeon withdrew the proposal from consideration and the city put out a request for competitive bids. An ad hoc committee made up of the mayor and two allied council members will review the proposals in private and recommend their top choices. Williams said the bidding process had been “utterly tainted.”
A pattern of 'cronyism' complaints
The rift over the Wolffhaus contract may have temporarily shaken up Huntington Beach’s conservative factions, but the faultlines are blurry. At their latest meeting, the city council voted 6-0 to shift $10,000 in federal grants from an afterschool care program in the city’s Oak View neighborhood, and $5,000 from a local program for at-risk youth, to a nonprofit where Councilmember Gruel, a vocal critic of the Wolffhaus deal, is the executive director.
The organization, Save the Brave, which is based in Temecula, takes veterans on deep-sea fishing trips. Gruel left the city council chambers when the vote was taking place, but did not formally recuse himself, or publicly disclose his ties to the organization. Under California’s Political Reform Act, elected officials are required to publicly disclose and recuse themselves from voting on any issue that represents a potential financial conflict of interest.
Gruel told LAist he had disclosed his ties with the organization from the start of the grant process — well before the money came to a vote before city council. He said he takes no money for his work with Save the Brave, and that he didn’t know he was supposed to publicly disclose his ties to the organization at the time the vote took place. “I’m still learning all this stuff,” said Gruel, a chef and TV personality who was appointed to his seat last year after former Councilmember Tony Strickland won a seat in the state legislature in a special election.
Asked whether he thought the council’s vote to give his organization additional funds was a bad look, Gruel said “Of course.”
“Especially in the framework of previous council decisions, there’s this reputation now that there are these backroom deals,” he said.
Longtime critics of Huntington Beach’s city government say it has become commonplace to reward people with political and family ties with funds, contracts, and prominent positions in city government. They point to the following examples:
A decades-long, multi-million dollar settlement with the operator of the city’s annual airshow, who staged campaign events and printed signs for several of the city councilmembers who approved the settlement. The city has been fighting a state effort to audit the deal. But Williams and Gruel recently proposed settling the case and letting the audit go forward.
A special street renaming for a local conservative donor, Ed Laird, who helped fund the campaigns of several city council members. (Laird also helped negotiate the airshow settlement.)
The appointment, by Gracey Van Der Mark, of City Councilmember Gruel’s wife to the city’s Community and Library Services Commission in 2023. Gruel said he had nothing to do with the appointment, which is unpaid.
The appointment in 2022 of Kelly Gates, wife of Michael Gates, the former city attorney and now deputy assistant attorney, to the city’s Finance Committee, also an unpaid position. Van Der Mark also made that appointment.
California’s Fair Political Practices Commission, the state ethics body, has found legal violations related to some of these incidents. The commission recently ruled that former city attorney Michael Gates, and City Council members McKeon, Van Der Mark, and Pat Burns violated disclosure rules by failing to report that they had received free VIP passes to the airshow in 2022 when they were negotiating a settlement with the event’s operator. A similar complaint is pending against Kelly Gates — city finance commissioners are also required to disclose their income and gifts.
The mere appearance of a conflict of interest is problematic for good governance, said Tracy Westen, a public interest lawyer who has expertise in government ethics. For example, appointing the spouses of government leaders to key positions in city government. “It could be they were the best people for the job,” Westen said, “but it raises an appearance issue.”
Some Orange County cities, including Irvine, Westminster and Laguna Niguel, prohibit appointments of family members to city commissions. Huntington Beach does not have a similar rule, although the city council is prohibited from appointing relatives to salaried positions.
What it all means for the November election
Those looking to unseat the current city council majority see opportunity in the rift over the Wolffhaus contract. “We are pleasantly surprised to see that there's a crack in the cabal, for lack of a better word,” said Ryder of Protect HB. The group is backing a slate of four candidates in the November election in hopes of unseating the council majority. One of the candidates is Erin Spivey, who sued the city over the book censorship policy and won, including a $1 million judgment against the city for attorneys' fees. The city is appealing.
If elected, Spivey said she would propose a ban on contracts and city appointments for individuals with close ties to city councilmembers. “This has got to stop. The government is not the plaything of elected officials,” Spivey said.
Some of the city’s most controversial figures are seeking higher office this year. Michael Gates is running for state Attorney General in the June primary. Van Der Mark is also hoping to make a jump to Sacramento — she’s one of four candidates to represent State Assembly District 72 on the primary ballot.
At the local level, McKeon and Burns are up for re-election this fall, and Gruel will face his first test on a ballot.
McKeon, Burns, and newcomer Brian Thienes are running as a conservative slate, with signs reading “Don’t split the vote!”
But Gruel has chosen to run solo — distancing himself from the trend in Huntington Beach, over the last two election cycles, of Republican-backed council candidates running as a bloc. “I don’t necessarily look at everything through a party filter,” Gruel told LAist, adding that he considers himself a small-government libertarian.
Gruel said he shared critics’ concerns about the lack of daylight on some of the city’s recent contracts and decisions. “Generally speaking this is why I’m so frustrated by the look, because my whole thing is transparency,” he said.
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Jill Replogle
covers public corruption, debates over our voting system, culture war battles — and more.
Published May 14, 2026 4:19 PM
Brent Linas of Creek Tream OC leveraged election season to win a major concession from Orange County government on herbicide use in local waterways.
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Courtesy of Brent Linas
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LAist
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Topline:
Orange County will stop spraying local flood control channels with toxic chemicals — an environmental issue that has morphed in recent months into a major theme in the June 2 primary race to represent South O.C. on the Board of Supervisors.
The backstory: The environmental activists who make up the three-person Creek Team OC began raising the alarm earlier this year about the county’s practice of spraying toxic chemicals to keep vegetation down in local waterways and flood control channels, which flow out to the ocean.
The political context: The herbicide spraying had become a major issue in the race to represent District 5 on the Orange County Board of Supervisors.
Read more ... about the politics behind this environmental victory.
Orange County will stop spraying local flood control channels with toxic chemicals — an environmental issue that has morphed in recent months into a major theme in the June 2 primary race to represent South O.C. on the Board of Supervisors.
In an emailed announcement, Supervisor Katrina Foley, who represents District 5, wrote that “following months of community outcry,” O.C. Public Works would halt spraying and “instead observe the growth patterns of invasive species to evaluate the safest and most effective procedures for removal.”
The backstory
The environmental activists who make up the three-person Creek Team OC began raising the alarm earlier this year about the county’s practice of spraying toxic chemicals to keep vegetation down in local waterways and flood control channels, which flow out to the ocean. Brent Linas, the group’s founder, had become concerned about the issue while noticing what he characterized as “dead” ecosystems during his runs along San Juan Creek, which empties into Doheny State Beach.
The political context
The herbicide spraying had become a major issue in the race to represent District 5 on the Orange County Board of Supervisors. Katrina Foley, a Democrat, is running for reelection against state Assemblymember Diane Dixon, a Republican. The conservative Lincoln Club, through its PAC, has spent around $200,000 thus far to try to influence the race. The PAC has latched onto the herbicide issue to attack Foley in ads and mailers.
The Lincoln Media Foundation, which shares an address and officers with the Lincoln Club, has simultaneously published content critical of Foley’s handling of the herbicide issue through the affiliated publication, California Courier.
Linas of Creek Team called Foley’s announcement about the countywide pause on herbicide spraying “a huge, huge victory for us.” Linas, who described himself to LAist as a lifelong Democrat, said his group ultimately used the political jockeying over the issue to their advantage. “ We took this firehose of money that exists and we redirected some of it towards what we saw as an urgent issue,” he said.
What’s next?
Orange County Public Works could still use herbicides in conjunction with maintenance work if they identify an “immediate need of vegetation management,” according to the announcement. But the county would give the public seven days' notice in advance of any such use. A pilot project along San Juan and Trabuco creeks is underway to evaluate the viability of replacing chemical spraying with manual and mechanical weed removal.
How to watchdog your local government
One of the best things you can do to hold officials accountable is pay attention. Your city council, board of supervisors, school board and more all hold public meetings that anybody can attend. These are times you can talk to your elected officials directly and hear about the policies they’re voting on that affect your community.
The Orange County Board of Supervisors meets on alternating Tuesdays at 9:30 a.m. at 400 W. Civic Center Drive, Santa Ana. You can check out the O.C. Board of Supervisors full calendar here.
If you have a tip, you can reach me on Signal. My username is @jillrep.79.
For instructions on getting started with Signal, see the app's support page. Once you're on, you can type my username in the search bar after starting a new chat.
And if you're comfortable just reaching out by email I'm at jreplogle@scpr.org
U.S. domestic air travel has boomed in recent years, except for one segment. Short flights of a few hundred miles decreased over the past decade, while longer flights became more popular, according to data gathered by the aviation analytics firm OAG for NPR.
Short flights are more expensive to operate: The number of flights spanning less than 250 nautical miles had declined by 11% from 2016 to 2026. Aviation analyst John Grant emphasizes the inefficiency of these routes, saying, “That is an awful distance to be operating.” Nearly 4 million short flights are scheduled for this year. But as of mid-April, the number of flights spanning less than 250 nautical miles had declined by 11% from 2016 to 2026 — the biggest drop of any route length.
Jet fuel costs could contribute to the decline of short flights: Domestic jet fuel costs have roughly doubled since early February, before the U.S. and Israel attacked Iran. U.S. airlines spent more than $5 billion on jet fuel in March, a 56% increase from February, according to the Bureau of Transportation Statistics. Spirit Airlines blamed the soaring fuel costs when it announced it would shut down last weekend. Prices are even higher for Asia and other markets that rely more heavily on supplies transiting the Strait of Hormuz.
U.S. domestic air travel has boomed in recent years, except for one segment. Short flights of a few hundred miles decreased over the past decade, while longer flights became more popular, according to data gathered by the aviation analytics firm OAG for NPR.
Nearly 4 million short flights are scheduled for this year. But as of mid-April, the number of flights spanning less than 250 nautical miles had declined by 11% from 2016 to 2026 — the biggest drop of any route length. The decline comes as no surprise to John Grant, a senior analyst at OAG.
"That is an awful distance to be operating," he says, because short flights are more expensive for airlines than flights with a longer cruise time.
In contrast, every domestic flight category of more than 500 miles saw notable gains over the same 10-year span. The numbers depict the U.S. hub-and-spoke aviation system moving toward longer "spokes" for some routes.
Domestic jet fuel costs have roughly doubled since early February, before the U.S. and Israel attacked Iran. U.S. airlines spent more than $5 billion on jet fuel in March, a 56% increase from February, according to the Bureau of Transportation Statistics. Spirit Airlines blamed the soaring fuel costs when it announced it would shut down last weekend. Prices are even higher for Asia and other markets that rely more heavily on supplies transiting the Strait of Hormuz.
"Any time there is pressure like that, particularly a cost pressure, but also a resource pressure, airlines are going to concentrate flying where they can move the most passengers with the fewest pilots," says Faye Malarkey Black, CEO of the Regional Airline Association.
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Short-hop flights are the most frequent, and least efficient
Every day, thousands of U.S. airline passengers step off planes without needing to check the local time and weather, because they've traveled less than 100 miles, on flights lasting less than an hour.
For example, there are dozens of flights between Milwaukee and Chicago each week, even though they're separated by less than 80 miles and have been connected by rail lines for more than a century. But there's a key snag for travelers in the Milwaukee area who might want to take the train to O'Hare International, says Joshua Schank, an urban planning professor at UCLA who's also a partner with the consulting firm Infra Strategies.
"Remember, that rail is going between the [cities'] two downtowns, and it's not between the airports," he says. "And that's the key distinction," he adds, noting that a majority of the route's passengers are likely connecting to other destinations beyond Chicago.
For routes like that to make economic sense, they require enough people willing to pay, says Black, of the airline association.
"It's not the distance, it's the density," she says. "If you have a short flight that has a lot of density because it's between two urban centers and it's a viable option, then people will take that option."
It's one of the shorter spokes in the U.S. hub-and-spoke system that helps airlines concentrate their traffic. That's why the sub-250-mile distance remains the second most popular domestic route, even with its double-digit decline. The most popular flight category over the past 10 years isn't much longer, with the 251 to 500 nautical mile distance scheduled 2.1 million times in 2026, despite a roughly 4% dip.
But all those repeated shorter flights come at a cost.
"A lot of the fuel is used in the takeoff and landing processes," Grant says. And every landing, he notes, adds wear and tear on the planes' equipment.
To hit the sweet spot of revenue versus cost, Grant says, "airlines typically try to be in that two-hour block time" – a category that includes flights over 500 miles, such as Washington, D.C., to Atlanta.
At airports, short flights also add to the workload for understaffed air traffic control systems and congested gates. A small regional jet carrying 50 people, for instance, is just as important to a controller as a wide-body airliner. And it takes up gate space repeatedly, as it shuttles passengers back and forth to a hub airport. As Black notes, the impact of all those short flights adds up.
"Regional airlines have always been the backbone of air service to smaller communities," she says. "In the early 2000s, they were the only source of scheduled air service for roughly three-quarters of U.S. airports. Today, that figure is closer to two-thirds."
Prices for U.S. jet fuel have nearly doubled since before the Iran war began, shaking up the aviation industry. This file photo shows a worker preparing to fuel a United Express jet at Dallas-Fort Worth International Airport, in Grapevine, Texas.
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Tony Gutierrez
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AP
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Where are we heading?
Despite their recent decline, short-hop flights are integral to the hub-and-spoke network, taking people from Colorado Springs to Denver, for instance, or from Birmingham to Atlanta.
But airlines have shifted more toward longer flights over the past decade, thanks largely to a new generation of narrow-body aircraft that are more efficient, making them an enticing option for longer-range routes. That's why the trendline favors routes such as the 501 to 750-mile category (e.g. Portland to Las Vegas, or Houston to Tampa), which grew by 11% to nearly 1.7 million scheduled flights in 2026. Flights of more than 750 and 1,000 miles each saw double-digit percentage gains, as well.
"Unfortunately for short-haul routes, the economics are not in their favor," says Ahmed Abdelghani, professor of operations management at Embry-Riddle Aeronautical University in Florida. He notes that a smaller jet's higher costs must be borne by fewer passengers than a larger plane, prompting higher fares.
"Those new generation narrowbody aircraft will have much better economics than the smaller 50-seater, 70-seater aircraft," Abdelghani says, citing the newer jets' ability to spread costs over more than 160 seats, depending on how they're configured.
The newer planes align with airlines that prioritize route profitability, Abdelghani says. But he and Black both say that larger narrow-body planes aren't a good fit for every market – and as a result, smaller communities could see fewer flights and connectivity.
"The airports with the sharpest service losses tend to be small hub and non-hub airports," Black says, "and those markets are often built around shorter-distance flying." She notes that other problems, such as pilot shortages, are also affecting small markets. "As pilot availability tightened, airlines had to make decisions about where limited flying could be sustained," Black says.
As Abdelghani puts it, "The airline decides, OK, since now I'm going to fly only efficient aircraft, I'm going to sacrifice the routes that this aircraft doesn't fit."
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