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City of Huntington Beach
File #: 20-2109 MEETING DATE: 12/21/2020
Submitted by Councilmember Posey - Consider Supporting the Orange County Sheriff's
Department in the Pending Appeal of Campbell Et. All v. Barnes
I recommend that the City Council affirm the City's support of the appeal being filed by the Sheriff's
Department in the Campbell case, and direct that the City Attorney file an amicus brief in support of
the position taken by the Sheriff's Department.
NO ACTION TAKEN
City of Huntington Beach Page 1 of 1 Printed on 12/16/2020
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CITY OF HUNTINGTON BEACH
CITY COUNCIL MEETING—COUNCIL MEMBER ITEMS REPORT
TO: THE HONORABLE MAYOR AND CITY COUNCIL
FROM: MIKE POSEY, CITY COUNCIL MEMBER
DATE: DECEMBER 21, 2020
SUBJECT: CONSIDER SUPPORTING THE ORANGE COUNTY SHERIFF'S DEPARTMENT IN THE
PENDING APPEAL OF CAMPBELL ET. ALL v. BARNES
BACKGROUND
On December 11, 2020, the Orange County Superior Court issued a ruling in Campbell et. all v.
Barnes, in which Sheriff Don Barnes was ordered to reduce the population of the Orange County
Jail by 50% due to COVID-19 concerns. Subsequent to that ruling, the Orange County District
Attorney's Office announced on December 15, 2020, that a Huntington Beach man charged with
aggravated kidnapping for ransom and extortion has petitioned to be released (see attachment).
Furthermore, Sheriff Barnes has reported that compliance with the order would result in the
release of more than 1,800 inmates, many of whom are awaiting trial for violent crimes.
The Orange County Sheriff's Department has shared that they intend to appeal the initial court
ruling in the Campbell case. Given the public safety threat posed by that court decision, I am
requesting that the City Council formally declare the City's support for the appeal being filed by
the Sheriff's Department in the Campbell case, and further direct that the City Attorney file an
amicus brief in support of the position taken by the Sheriff's Department.
RECOMMENDED ACTION
I recommend that the City Council affirm the City's support of the appeal being filed by the
Sheriff's Department in the Campbell case, and direct that the City Attorney file an amicus brief
in support of the position taken by the Sheriff's Department.
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0 OFFICE OF THE
DISTRICT ATTORNEY
0 ORANGE COUNTY, CALIFORNIA
' TODD SPITZER
FOR IMMEDIATE RELEASE PRESS RELEASE
Date: December 15, 2020 Kimberly Edds
Case #:19HF1213 Public Information Officer
Office: 714-347-8405, Cell: 714-504-1917
media@da.ocgov.com
Man Charged with Aggravated Kidnapping for Ransom
is First Orange County Inmate to Petition to be
Released on Own Recognizance Following Judge's Order
in ACLU Lawsuit to Reduce Jail Population by Half
Inmate faces maximum sentence of life in prison if convicted on all charges;
District Attorney Spitzer warns judge's order will result
in hardcore criminals petitioning for release
SANTA ANA, Calif. — A man charged with aggravated kidnapping for ransom and extortion in connection with
kidnapping an Irvine woman and holding her for ransom is the first Orange County inmate to petition to be released
on his own recognizance following a judge's order Friday that ordered the Orange County Jail's population be
reduced by half.
The inmate faces a maximum sentence of life in prison if convicted on all charges.
Ezra Schley, 72, of Huntington Beach is charged with one felony count of aggravated kidnapping for ransom and
extortion, one felony count of residential burglary, one felony count of attempted extortion, and one misdemeanor
count of carrying a loaded firearm in public.
Schley is one of four defendants charged in connection with kidnapping Jane Doe from her Irvine apartment and
holding her for two days in an attempt to extort a large sum of money from Jane Doe's husband and mother-in-law.
The four defendants are also accused of sending pictures of Jane Doe being held captive to Jane Doe's husband
through a phone web chatting app.
Schley is currently being held at the Orange County Jail on $1 million bail. His petition to be released on his own
recognizance is scheduled to be in Department H1 at the Harbor Justice Center in Newport Beach at 9 a.m. on
December 23, 2020.
Jane Doe was rescued by the Irvine Police Department after her mother-in-law contacted police and requested a
welfare check.
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On Friday, an Orange County Superior Court judge issued a ruling in Campbell et. all v. Barnes which ordered Sheriff
Don Barnes to reduce the population of the Orange County Jail by 50% due to inmate safety concerns over an
increase in the number of inmates contracting COVID-19.
The Orange County District Attorney's Office, in conjunction with the Sheriff's Department,the Public Defender,the
Criminal Defense Bar, the County's Health Care Agency, and the Orange County Superior Court, has worked
collaboratively throughout the pandemic to conduct risk assessments in order to release medically vulnerable
inmates prior to completing their entire sentence.
The District Attorney's Office has been keeping statistics in order to understand the impact of these court orders.
Orange County inmates released early before serving their full sentence or on $0 bail went out and committed new
crimes at rates at nearly triple normal recidivism rates:44%for early release inmates and 38%for$0 bail defendants.
A sample of their crimes: auto theft, burglary, robbery, assault,weapons,theft and narcotics.
As well as a 23-year-old man who stabbed his 17-year-old ex-girlfriend four times, killing her. He had been released
on $0 bail 3 %weeks earlier.
"The jail population has been reduced by more than 33 percent since the beginning of the pandemic in March,"said
Orange County District Attorney Todd Spitzer. "There are more than 400 people in custody who have already been
convicted or who are awaiting trial for murder or attempted murder. Now the ACLU is fighting to release people
who have been convicted or are awaiting trial on felony charges that could send them to prison for the rest of their
lives.These are hardcore criminals who are going to try everything they can to game the system so they can get out
and commit more crimes. The judge's order is outrageous and I'm not going to allow Orange County and Southern
California residents to be put at risk by the release of dangerous and violent criminals back into our communities."
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