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FBI, California Attorney General Investigating Orange County Sheriff’s Dept.

By Michael Webster: Investigative Report: 12:00 noon April 9, 2008 PDT

New investigations expected into Orange County Sheriff’s Dept and Jail division includes the FBI, the California Attorney General’s office and an internal sheriff investigation. Acting Orange County  Sheriff Jack Anderson

 suspended five employees only after the release of grand jury transcript that showed Theo Lacy jail guards relying on inmates to enforce order while they watched TV, slept, played card, and video games, read girlie magazines, and engaged in cell phone text chats and conversations.

The ordered suspensions include the three jailers, jail guard Kevin Taylor, Deputy Jason Chapluk, and Special Officer Phillip Le all on duty when John Derek Chamberlain was tortured, sodomized and beaten to death by fellow inmates. The beating took place within a short distance of the guards and by design just out of the view of the jail camera monitoring system.

The investigations are expected to not only look into the death of John Derek Chamberlain  and determine if his civil rights were violated but is expected to probe much deeper into the over all possible misconduct of the Sheriff’s dept in general. The attorney generals office would not discuss the case but an attorney who wants to remain anonymous indicated that if such an investigation were to take place by the AG’s office the states investigation would likely look into suspended internal affairs investigator who allegedly pressured a grand jury witness to reveal her testimony to him, and a women's jail guard who admitted to the grand jury investigating Chamberlain's death that she had lied during a previous appearance before it. It is also against state law which prohibits giving inmates of penal institutions with the authority to exercise the right of punishment over other inmates.
 The AG’s office refused comment or to name names.

As recently as just last March in a press conference, Orange County DA Tony Rackauckas said he found no evidence to support charging any deputy with a crime in connection with the killing. “If we could have proven a case that any member of the sheriff’s department, from the lowest ranking to the top of the department, was criminally responsible for the death of Mr. Chamberlain, there is no question that indictments would have been issued,” Rackauckas said. Two high-ranking sheriff’s officials did lose their jobs thanks to the scandal; Rackauckas had promised his eventual report on the murder will help bring about badly needed reforms at the jail.

The Journal has learned it is a crime for one or more persons acting under color of law willfully to deprive or conspire to deprive another person of any right protected by the Constitution or laws of the United States. "Color of law" simply means that the person doing the act is using power given to him or her by a governmental agency (local, state or federal).

According to the OC Weekly inmate and shot caller Jared Petrovich during a recent jail house interview he told the reporter 'I Lit the Fire.'  Petrovich claims he was just following orders when his words sparked the fatal jailhouse beating of Mr. Chamberlain.  He claims this sort of thing goes on all the time in the Orange county jail system. Because of this on going criminal activity in the jail both deputies and inmates could be charged with federal RICO violations. Highly placed U.S. Government officials say RICO or the Racketeer Influenced and Corrupt Organizations Act is a United States law which provides for extended penalties for criminal acts performed as part of an ongoing criminal enterprise organization. Under RICO, a person or group who commits any two of 35 crimes--27 federal crimes and 8 state crimes--within a 10-year period and (in the opinion of the U. S. Attorney bringing the case) has committed those crimes with similar purpose or results can be charged with racketeering. Petrovich and other inmates has yet to be interviewed by federal or state investigators.

Orange county district attorney finally releases the jail death report from the grand jury only after the news media took court action.

That grand jury transcript which had been held back reports the OCSD deputies at Theo Lacy substituted other methods than those prescribed by policy to control the inmates under their supervision. They routinely used inmates called “shot callers” to enforce discipline or inflict punishment on other prisoners. If deputies observed conduct on the part of an inmate which they considered a breach of the rules, they would summon the “shot callers” and instruct them to get these inmates “back in line.” The deputies knew that if the inmate disregarded the “shot caller,” the inmate would be assaulted or “taxed” by other inmates.

During an interview, acting sheriff Anderson said, he had launched what would become the largest internal affairs investigation in the history of his department. The investigation will likely involve interviews with dozens if not hundreds of current and former Theo Lacy employees.

"I've given orders to find everybody identified in the grand jury report and move forward," he said. "I can't think of a lower standard they were acting at. This is clearly a case of supervisors not doing their jobs and deputies who felt it was OK to behave this way."

He said the grand jury transcripts painted an unsettling picture of the jail system and illustrated a complete breakdown in command structure: "Where were the sergeants? There was a failure to supervise and failure to manage."

If sergeants had been properly keeping watch, Anderson said, they certainly would have noticed deputies watching movies and sending cell phone text messages when they should have been prowling the jail checking on inmates.

According to news reports Chamberlain, charged with possessing child pornography, was killed Oct. 5, 2006, by inmates who mistakenly believed he was charged with child molestation -- information that inmates say was provided to them by a jail deputy.

The 7,000 transcript pages show that policy violations appeared to contribute to Chamberlain's death, and that during the grand jury investigation, deputies and high-ranking officials lied, tampered with evidence, shared information about evidence and lines of questioning, and dodged testifying by asserting their 5th Amendment right against self-incrimination.

"At the end of the day, the deputies were not doing their core responsibilities," he said. "Supervisors were not making sure they were doing it."

Asked how far he would go in disciplining department staff found in violation, Anderson said: "I will take it as far as I can take it, and termination will not be enough for me."

"We have a clear case of human failure. It is a time for repentance, and maybe a little restitution," said board chairman John Moorlach. "We have to do something about restoring our reputation."

The grand jury transcripts said deputies gave “shot callers” extra privileges such as new uniforms, extra meals, extra hygiene products, and greater toleration or leeway if they broke the rules. Alternatively, the deputies would threaten

“shot callers” with negative consequences, such as having their barracks “tossed” or their personal belongings and bedding thrown asunder if they failed to get the inmates under their authority “back in line.”

 The use of “shot callers” is against OCSD Policy which states, “Inmates will never be permitted to exercise control over other inmates,” and “No inmate shall inflict punishment on another inmate.” It is also against state law which prohibits investing inmates of penal institutions with the authority to exercise the right of

punishment over other inmates.

The time line started on the evening of September 14, 2006, John Derek Chamberlain was arrested on allegations of possession of child pornography and possession of an open container of alcohol. On October 3, 2006, Chamberlain was transferred to the Theo Lacy detention facility and assigned to “F” Barracks, West, a minimum security location. Two days later at 6:50 p.m., Orange County Sheriff’s Department (OCSD) deputies were summoned to a location within the barracks where they observed Chamberlain lying on the floor. He was transported to a local hospital where he was pronounced dead. He had suffered numerous severe blunt trauma.

Saga Of Orange County's Sheriff