SANTA ANA, Calif. (KNX) — If you can’t hear what the judge says in open court, do you have to heed their warnings? That was apparently the mindset of an Orange County public defender when he told his client to “hum” as a prosecutor issued an advisement about murder charges he could face.
O.C. District Attorney Todd Spitzer explained the situation Wednesday, sharing a public statement about what happened in the court.
“The drug dealer was shackled as he pled guilty to possession for sale of fentanyl and methamphetamine last month. The handcuffs on his wrists meant putting fingers in his ears wasn’t an option,” Spitzer wrote.
“He had been instructed to keep humming until his lawyer gave him the signal to stop. The deputy public defender didn’t want him to hear what the Orange County District Attorney’s Office had to say. And what my prosecutor had to say could put him on the hook for murder.”
Spitzer added that the case comes as fentanyl deaths have increased more than 1,000% over the last five years in his county, with “hundreds of drug-related deaths” still pending at the coroner’s office to determine if they are also drug-related.
“Statewide, fentanyl-related deaths are up more than 1,500% since 2016 and last year the number of Americans who died in drug-related deaths topped 100,000 for the first time ever,” Spitzer continued.
“2022 is predicted to be even worse. Just three days into the new year - in less than two hours - Anaheim police responded to four drug-related deaths. A fifth person was in critical condition.”
In November Spitzer announced a policy to charge drug dealers with murder if they are convicted of selling or making drugs with fentanyl that lead to deaths after they have been warned of its dangers.
“These are not overdoses. These dealers are essentially handing a loaded gun to unsuspecting victims knowing that they will probably die, and they don’t care,” Spitzer said.
On the day in court where the man was told to hum after pleading guilty, a prosecutor was attempting to inform the man of the policy so he was aware of what charges he could face.
“Fentanyl is cheap, it’s easy to get and it’s killing people who had no idea they were taking it. And I’m not going to let these drug dealers get away with murder,” Spitzer said. “This defendant – and his deputy public defender – don’t want to hear it.”
As a result, the judge let the man withdraw his guilty plea and, if he is convicted, the O.C. court “will have another opportunity to read him the advisement,” Spitzer said, saying anyone “can hum all you want” but it doesn’t change the fact that “drug dealers are killing people by selling them fentanyl and at some point they will face the music.”
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