O.C. to unseal transcript in inmate's death

Some jail security and personnel materials will be kept back in the 2006 fatal beating case, judge decides.
By Christine Hanley, Los Angeles Times Staff Writer
March 27, 2008
Transcripts from a grand jury investigation into the beating death of a jail inmate are scheduled to be unsealed no later than April 7 under the orders of an Orange County judge who found the Sheriff's Department had no legal standing to block their release.

In finalizing a preliminary ruling reached earlier this week, Superior Court Judge James A. Stotler also ordered the unsealing of nearly every exhibit presented to the grand jury during the investigation into the October 2006 killing of John Chamberlain.

 
    Stotler did agree, at the request of county lawyers representing the Sheriff's Department, to redact a limited amount of information on some of the exhibits to protect jail security measures. He also said the personnel files of five deputies would be kept confidential.

    Records in a separate but related case were made available Wednesday after Stotler's ruling. They showed that at least two of the three deputies at the center of the jail beating controversy were granted use immunity before testifying.


    FOR THE RECORD: An earlier version of this article erroneously said at least two of the three deputies at the center of the jail beating controversy were granted immunity from prosecution. They were, in fact, granted use immunity.


    "The judge said on the record that his goal was to maximize public access to these proceedings and documents within the bounds of the law," said attorney Al Wickers, who argued for full access on behalf of The Times and Orange County Register. "And the judge did a masterful job of doing that."

    Stotler ordered that the transcripts and exhibits be made available in a computer format to facilitate the release of the material and make it more manageable, searchable and less expensive to the public. He also implored the Sheriff's Department to release any additional information it had that could help the public understand what happened to Chamberlain and what can be done to prevent it from happening again, Wickers said.

    "That further underscores how important the judge feels that the public be informed about the case," Wickers said.

    Acting Sheriff Jack Anderson released a statement late Wednesday saying he applauded the decision, which he said protects sensitive information while allowing scrutiny of the case.

    Chamberlain died after about 20 fellow inmates at 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 the 41-year-old Mission Viejo man had been charged with child molestation. In fact, he was accused of possessing child pornography.

    A special grand jury convened by Dist. Atty. Tony Rackauckas reviewed, among other things, allegations that sheriff's deputies instigated the assault and ignored the victim's cries for help. The panel found that no crimes were committed by deputies. Nine inmates were ultimately charged in the death and all have plead not guilty.

    christine.hanley@latimes.com




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