Policy violation cited in O.C. jail homicide probe

A special grand jury that reviewed the fatal beating of a Theo Lacy Jail inmate scolded the Orange County Sheriff’s Department for investigating the death itself rather than turning the case over to the district attorney, violating a 20-year-old policy “through conscious choice or negligent action.”

In a letter made public Wednesday, the panel pointed out that the policy adopted in 1985 had been honored in 129 out of 130 custodial death investigations. The sole deviation came in October 2006, the night of John Chamberlain’s death.

“Although the terms of the protocol unambiguously call for the district attorney’s office to act as the primary investigative agency in all custodial deaths and the execution of this policy operated without exception for more than two decades, the Sheriff’s Department inexplicably insisted on leading this particular investigation,” the grand jury report says.

“It may never be known what, if any, impact this action may have had on the results of the homicide investigation.”

Chamberlain, 41, of Mission Viejo died after about 20 inmates at the Theo Lacy Jail in Orange beat him for nearly half an hour while an on-duty deputy watched TV in the guard station. The inmates wrongly believed Chamberlain was charged with child molestation. In fact, he was accused of possessing child pornography.

This year the county agreed to pay $600,000 to resolve a lawsuit filed by Chamberlain’s father.

The grand jury spent nine months investigating Chamberlain’s death, finding that no crimes were committed by sheriff’s deputies accused of instigating the assault and ignoring the victim’s cries for help. Nine inmates have been charged in the case.

The grand jury’s letter was dated Feb. 28 and addressed to John Moorlach, chairman of the county Board of Supervisors.

Moorlach said he believed the Sheriff’s Department had learned from mistakes it made in the Chamberlain case. He also said the board’s decision to create an Office of Independent Review to monitor the Sheriff’s Department’s internal-affairs investigations would help.

He had previously said that an internal review would also look at whether deputies violated rules and regulations. If so, they could face disciplinary action as severe as termination.

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