| New investigations expected into Orange County | | | | other methods than those prescribed by policy to |
| Sheriff's Dept and Jail division includes the FBI, the | | | | control the inmates under their supervision. They |
| California Attorney General's office and an internal | | | | routinely used inmates called "shot callers" to enforce |
| sheriff investigation. Acting Orange County Sheriff | | | | discipline or inflict punishment on other prisoners. If |
| Jack Anderson suspended five employees only after | | | | deputies observed conduct on the part of an inmate |
| the release of grand jury transcript that showed | | | | which they considered a breach of the rules, they |
| Theo Lacy jail guards relying on inmates to enforce | | | | would summon the "shot callers" and instruct them to |
| order while they watched TV, slept, played card, and | | | | get these inmates "back in line." The deputies knew |
| video games, read girlie magazines, and engaged in | | | | that if the inmate disregarded the "shot caller," the |
| cell phone text chats and conversations. | | | | inmate would be assaulted or "taxed" by other |
| The ordered suspensions include the three jailers, jail | | | | inmates. |
| guard Kevin Taylor, Deputy Jason Chapluk, and | | | | During an interview, acting sheriff Anderson said, he |
| Special Officer Phillip Le all on duty when John Derek | | | | had launched what would become the largest internal |
| Chamberlain was tortured, sodomized and beaten to | | | | affairs investigation in the history of his department. |
| death by fellow inmates. The beating took place | | | | The investigation will likely involve interviews with |
| within a short distance of the guards and by design | | | | dozens if not hundreds of current and former Theo |
| just out of the view of the jail camera monitoring | | | | Lacy employees. |
| system. | | | | "I've given orders to find everybody identified in the |
| The investigations are expected to not only look into | | | | grand jury report and move forward," he said. "I |
| the death of John Derek Chamberlain and determine | | | | can't think of a lower standard they were acting at. |
| if his civil rights were violated but is expected to | | | | This is clearly a case of supervisors not doing their |
| probe much deeper into the over all possible | | | | jobs and deputies who felt it was OK to behave this |
| misconduct of the Sheriff's dept in general. The | | | | way." |
| attorney generals office would not discuss the case | | | | He said the grand jury transcripts painted an |
| but an attorney who wants to remain anonymous | | | | unsettling picture of the jail system and illustrated a |
| indicated that if such an investigation were to take | | | | complete breakdown in command structure: "Where |
| place by the AG's office the states investigation | | | | were the sergeants? There was a failure to |
| would likely look into suspended internal affairs | | | | supervise and failure to manage." |
| investigator who allegedly pressured a grand jury | | | | If sergeants had been properly keeping watch, |
| witness to reveal her testimony to him, and a | | | | Anderson said, they certainly would have noticed |
| women's jail guard who admitted to the grand jury | | | | deputies watching movies and sending cell phone text |
| investigating Chamberlain's death that she had lied | | | | messages when they should have been prowling the |
| during a previous appearance before it. It is also | | | | jail checking on inmates. |
| against state law which prohibits giving inmates of | | | | According to news reports Chamberlain, charged with |
| penal institutions with the authority to exercise the | | | | possessing child pornography, was killed Oct. 5, 2006, |
| right of punishment over other inmates. | | | | by inmates who mistakenly believed he was charged |
| The AG's office refused comment or to name | | | | with child molestation -- information that inmates say |
| names. | | | | was provided to them by a jail deputy. |
| As recently as just last March in a press conference, | | | | The 7,000 transcript pages show that policy |
| Orange County DA Tony Rackauckas said he found | | | | violations appeared to contribute to Chamberlain's |
| no evidence to support charging any deputy with a | | | | death, and that during the grand jury investigation, |
| crime in connection with the killing. "If we could have | | | | deputies and high-ranking officials lied, tampered with |
| proven a case that any member of the sheriff's | | | | evidence, shared information about evidence and lines |
| department, from the lowest ranking to the top of | | | | of questioning, and dodged testifying by asserting |
| the department, was criminally responsible for the | | | | their 5th Amendment right against self-incrimination. |
| death of Mr. Chamberlain, there is no question that | | | | "At the end of the day, the deputies were not doing |
| indictments would have been issued," Rackauckas | | | | their core responsibilities," he said. "Supervisors were |
| said. Two high-ranking sheriff's officials did lose their | | | | not making sure they were doing it." |
| jobs thanks to the scandal; Rackauckas had promised | | | | Asked how far he would go in disciplining department |
| his eventual report on the murder will help bring | | | | staff found in violation, Anderson said: "I will take it |
| about badly needed reforms at the jail. | | | | as far as I can take it, and termination will not be |
| The Journal has learned it is a crime for one or more | | | | enough for me." |
| persons acting under color of law willfully to deprive | | | | "We have a clear case of human failure. It is a time |
| or conspire to deprive another person of any right | | | | for repentance, and maybe a little restitution," said |
| protected by the Constitution or laws of the United | | | | board chairman John Moorlach. "We have to do |
| States. "Color of law" simply means that the person | | | | something about restoring our reputation." |
| doing the act is using power given to him or her by a | | | | The grand jury transcripts said deputies gave "shot |
| governmental agency (local, state or federal). | | | | callers" extra privileges such as new uniforms, extra |
| According to the OC Weekly inmate and shot caller | | | | meals, extra hygiene products, and greater toleration |
| Jared Petrovich during a recent jail house interview | | | | or leeway if they broke the rules. Alternatively, the |
| he told the reporter 'I Lit the Fire.' Petrovich claims he | | | | deputies would threaten |
| was just following orders when his words sparked | | | | "shot callers" with negative consequences, such as |
| the fatal jailhouse beating of Mr. Chamberlain. He | | | | having their barracks "tossed" or their personal |
| claims this sort of thing goes on all the time in the | | | | belongings and bedding thrown asunder if they failed |
| Orange county jail system. Because of this on going | | | | to get the inmates under their authority "back in line." |
| criminal activity in the jail both deputies and inmates | | | | The use of "shot callers" is against OCSD Policy which |
| could be charged with federal RICO violations. Highly | | | | states, "Inmates will never be permitted to exercise |
| placed U.S. Government officials say RICO or the | | | | control over other inmates," and "No inmate shall |
| Racketeer Influenced and Corrupt Organizations Act | | | | inflict punishment on another inmate." It is also against |
| is a United States law which provides for extended | | | | state law which prohibits investing inmates of penal |
| penalties for criminal acts performed as part of an | | | | institutions with the authority to exercise the right |
| ongoing criminal enterprise organization. Under RICO, | | | | ofpunishment over other inmates. |
| a person or group who commits any two of 35 | | | | The time line started on the evening of September |
| crimes--27 federal crimes and 8 state crimes--within a | | | | 14, 2006, John Derek Chamberlain was arrested on |
| 10-year period and (in the opinion of the U. S. | | | | allegations of possession of child pornography and |
| Attorney bringing the case) has committed those | | | | possession of an open container of alcohol. On |
| crimes with similar purpose or results can be charged | | | | October 3, 2006, Chamberlain was transferred to the |
| with racketeering. Petrovich and other inmates has | | | | Theo Lacy detention facility and assigned to "F" |
| yet to be interviewed by federal or state | | | | Barracks, West, a minimum security location. Two |
| investigators. | | | | days later at 6:50 p.m., Orange County Sheriff's |
| Orange county district attorney finally releases the jail | | | | Department (OCSD) deputies were summoned to a |
| death report from the grand jury only after the | | | | location within the barracks where they observed |
| news media took court action. | | | | Chamberlain lying on the floor. He was transported to |
| That grand jury transcript which had been held back | | | | a local hospital where he was pronounced dead. He |
| reports the OCSD deputies at Theo Lacy substituted | | | | had suffered numerous severe blunt trauma. |