Orange County Sheriff's Department Destroyed Evidence In Case Filed By Fired Deputy: Judge

Sheriff's officials play the ol' oops game to deny fired deputy key evidence
Orange County Sheriff's Department (OCSD) officials destroyed more than two years' worth of key documents after being put on notice that Deputy Scott Montoya--a Battle of Baghdad Marine combat hero who returned to the department and faced multiple alleged instances of discrimination--planned a lawsuit for being illegally fired.

That's the ruling of U.S. District Court Judge Jesus G. Bernal, who wasn't impressed by OCSD's numerous excuses for its conduct. He issued a $8,000 sanction and declared he will tell jurors in Montoya's upcoming trial they can assume the destroyed records were favorable to the deputy.

That official slam of OCSD tactics points at the administration of Sheriff Sandra Hutchens, a retired Los Angeles County Sheriff's executive whom OC supervisors hired to restore integrity to the department after the U.S. Department of Justice won a 2009 corruption case against her predecessor, Mike Carona.

The ruling wasn't a complete victory for John S. Kyle, Montoya's San Diego-based attorney, who will get the $8,000 sanction award and wanted OCSD also punished by blocking the department's lawyers from introducing related, self-serving records officials decided to preserve for the department's defense.

Bernal, who declined to rule that OCSD officials purposely cheated, didn't accept Kyle's invitation to grant severe sanctions, but he did issue a stinging rebuke to the law-enforcement agency.

"The [destroyed records] could have revealed inconsistencies in the investigators' testimony or exposed biases in their motives [for building a case to fire Montoya], which would have benefited the plaintiff," the judge declared.

Bernal advised the parties he will read the following instruction at the upcoming trial: "OCSD has failed to prevent the destruction of relevant evidence for Montoya's use in this litigation after it had a duty to do so. Whether this finding is important to you in reaching a verdict in this case is for you to decide."

The department has created a records-management system that protects officials from charges they purposely destroy documents because records are automatically deleted after two years.

Bernal determined that OCSD management waited 27 months to place key evidence in a "litigation hold" that blocks destruction and, when Kyle discovered records were missing, tried to blame events on an incompetent computer technician.

Court records also show that sheriff's officials repeatedly gave inaccurate declarations to Kyle about the thoroughness of their required compliance with discovery requests.

OCSD fired Montoya, winner of the Navy Cross for his life-saving heroics during the Iraq War, in 2010 after accusing him of incompetence, rule violations and repeatedly using his post to hunt for sex while on duty.

Montoya claims that OCSD officials and fellow deputies harassed him out of jealousy of his undeniable Marine accomplishments and plotted to fire him from his dream job.

Fellow deputies worked hard to collect embarrassing information on Montoya. They placed surveillance cameras around his home and put GPS devices on his vehicles. They even bizarrely interviewed a girlfriend in-depth about the size of their colleague's genitals, sexual stamina and bedroom habits.

Go HERE to see my cover story ("Hero or Pervert?") about the OCSD war against Montoya.

The trial is scheduled to begin on Oct. 29.

Follow OC Weekly on Twitter @ocweekly or on Facebook!

Email: Twitter: @RScottMoxley.

Sponsor Content

My Voice Nation Help
18usc241 topcommenter

Oh and regarding the topic of this story, obstruction of justice and defrauding Orange County courts is basically a policy of the Anaheim and Garden Grove police departments, the Orange County Sheriffs department , the CHP etc etc. Maybe that's why the Anaheim police department is taking such a long time updating their online policy manual lol. How else can you explain being convicted of a crime and not finding out until you get a terms of probation letter from the OC Superior Court.

Anyway Matt, Arellano and Moxley, this filth and corruption isn't going to end until the whole world is too busy vomiting on Disneyland rather than attending Disneyland. The only thing that these despicable sociopaths understand is their pocketbook.

whateveryousay topcommenter

Sounds like they were jealous he was issued a um, "duty weapon" than them.


Not surprised's oc..

Andrew Cusumano
Andrew Cusumano

you would've thought that, after they cut the snake's head off (carona) and this case gained prominence, they would have curbed their sloppy, corrupt (or even questionable) behaviors.

18usc241 topcommenter

Mr. Montoya's allegations are completely credible - having witnessed the same garbage techniques applied to me. Including the surveillance inside one's own home (hence the reason why I call my former Garden Grove home hell house thanks to the criminal civilian dirtbags in units 3 and 4). Mr. Montoya should be thankful that attempts on his life were never committed.

tongue_twister_for_t topcommenter

"80 percent of ALL cops (and that includes sheriff's deputies) are criminals and violate the laws while they are on duty and are being paid to do so and be so".

And then they wonder why Orange County is under investigation for bribery and corruption allegations.


Well, one can only wonder if this is what happened to former OC Sheriff employee Kevin Taylor's personnel file... if so, that would be 2 employee files of evidence not available if needed in a court of law.  ONCE IS CHANCE, TWICE IS COINCIDENCE and THIRD TIME IS A PATTERN!

Ricardo Früstöckl
Ricardo Früstöckl

Reminds me of the SECC and 9/11 investigation into insider trading. Trusts your government they have everything under control.

Bill Martin
Bill Martin

that fucken whore sarah the bitch pig should be fired and all involved should be sued for all they have than have the fucken shit knocked out of all of them who the hell can you trust its sure not any pigs in the oc

Now Trending

Anaheim Concert Tickets

From the Vault