When we sat down for bagels and juice the discussion quickly moved beyond the lack of diplomacy by BP CEO Tony Hayward and the ridiculous apology he received from Texas Congressman Joe Barton to the intriguing results of a trial where all twelve jurors found an official at a Youth Correctional Facility in Chino, California had violated the civil rights of four wards by forcing them to have sex. Mitch, who was barred from discussing the matter for the five months of trial where he represented one of the plaintiffs, said the attorney general’s office had refused any effort to resolve the matter during the six years he had been working on the case. Now, he says they are considering an appeal.
When Dan asked why he had not heard about the case in the news Mitch explained that only the San Bernardino Sun had written an article about the outcome. He said other media might be waiting to see if an appeal is filed. In the meanwhile the judge is determining punitive damages and attorney fees, which the defendant has been ordered to pay. Were the attorney general to decide to appeal the state would have to put aside a promissory note one and a half times the total of the awards and fees, according to Mitch.
Manuel wanted to know if that meant his money, as a taxpayer would be set aside for this case. Mitch assured him that is what would be done.
So, what pray tell, we all wanted to know, was the basis for the defense? Mitch said they had a number of expert witnesses, none of whom had ever visited this facility, state this kind of behavior could not have happened. One expert on prison culture claimed to be writing a book with research to support the defense’s argument. Apparently none of the twelve jurors were buying the expert testimony nor do I foresee any of them running out to purchase the book.
It occurred to me the individual found to have perpetrated this act might be represented by the correction officers’ union. While Mitch could not substantiate whether or not this person was a member of the union he did say the prison guard union was well known to be one of the most powerful organizations in the state. Of course this stems from a multiplying of the prison population in recent years, but that’s a conversation for another day.
When I got home I found in the Sun article both the superintendent of the facility and the head of the California Youth Authority at the time of the incident were found responsible for imprisoning the four youths in conditions “that exposed them to a substantial risk of serious harm and/or sexual abuse.” One of the attorneys stated, “They have to take affirmative action to protect the wards. Prison staff were warned repeatedly that Shelby was a sexual predator, and absolutely nothing was done about it.”
So one might wonder, is there a point of law that merits appeal in this case? Or, is there reason to speculate that since attorney general Jerry Brown is running for governor support by the correctional officer’s union might influence such a decision. While no direct link to my knowledge has been established it is essential his office repudiate the slightest whiff of impropriety or be subject to the wrath of the voters, or at least Meg Whitman.
One group, the Ella Baker Center for Human Rights seeks support for a petition asking Attorney General Brown to let the judgment in this case stand.
What do you think? Please let us know in the comment section.
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