ACLU Says Jail May Have Tampered With Inmate’s Affidavit

A confidential affidavit written to the ACLU by an El Cajon inmate was kept inside the jail for 2 1/2 weeks and never mailed out, raising concerns about possible tampering with legal correspondence, an ACLU official said Thursday.

In the affidavit, the inmate, Orned (Chicken) Gabriel, complained of guards assaulting inmates at the East County Detention Facility. Gabriel was allegedly beaten by deputies the same day he tried to mail the letter.

The affidavit is one of many that inmates have been invited to mail to the local chapter of the American Civil Liberties Union. The documents are being used as part of the chapter’s class-action lawsuit seeking to improve conditions at the five outlying San Diego County detention facilities.

Conflicting Versions

On Wednesday, jail officials said the affidavit and other items from Gabriel’s cell had been taken from him only temporarily so his cell could be cleaned. They said the letter to the ACLU was later returned to Gabriel.

However, Gabriel said he never again saw the affidavit. And his mother, Billie Nelson, said she retrieved the letter Saturday from among items stored with her son’s personal property at the jail.

She showed the affidavit to The Times and forwarded it to the ACLU on Thursday.

“One of the main allegations in our suit is that legal mail often is read by the jail,” said Betty Wheeler, legal director of the local chapter of the ACLU.

“It impacts on your right to legal counsel under the Sixth Amendment. You’re effectively denied that right.”

Series of Questions

In the affidavits, inmates are asked a series of questions about jail conditions, such as crowding and health care.

They are also asked what violence they have observed or experienced and whether they have seen anyone beaten or assaulted by guards, other prisoners or both.

Gabriel answered that it is “common procedure at this place. They’ll even tell you: Be aware you are in El Cajon county jail. I’ve witnessed both assaults from guards to inmates and inmate fights.”

How long does it take for guards to respond if someone is being attacked for fighting?

“Depends on who’s getting attacked,” Gabriel answered. “Sometimes, there is discrimination from ethnic groups or if the guards need certain time to physically hurt someone.”

Are there any other jail conditions you think create problems?

“All inmates suffer for conviction of someone else’s wrongdoings, such as fighting and theft of stores,” Gabriel wrote. “Also, tension mounts because of verbal harassment, such as name-calling by deputies.”

Censorship Cited

The documents also ask inmates whether their mail is “opened or censored.”

“As a matter of fact,” Gabriel wrote, “all of my legal mail has been opened, such as this letter. This letter wasn’t sealed in front of me going to you.”

On Thursday, representatives of the ACLU picked up a copy of the Sheriff’s Department complaint form, and Wheeler said she will meet with Gabriel and other inmates who allege to have witnessed his beating before filing of the grievance.

She said the ACLU is attempting to determine whether Gabriel was beaten by deputies in retaliation for his attempt to notify the agency of substandard conditions at the jail.

“We’ll be working with Mr. Gabriel to decide how to follow up, how to proceed,” she said. “It’s his intent to file this complaint. He certainly is intent on having the matter investigated and this kind of conduct stopped.”

Gabriel, 37, a martial-arts instructor and friend of Sagon Penn, was incarcerated in January on a one-year prison term for non-payment of child support. He said he was pulled from his cell shortly after writing the ACLU on March 29 and forced down on the floor, handcuffed behind his back, and punched and kicked by seven deputies.

Three other inmates, in separate interviews, corroborated Gabriel’s story. A private physician contacted by county Supervisor Leon Williams also examined Gabriel last week and concluded that the inmate’s head, shoulder, back and

arm injuries were “consistent with” a beating.

Assistant Sheriff Kenneth Wigginton, who supervises all six of the county’s jails, said Thursday that no Internal Affairs investigation will be started by the department until a formal written complaint is received.

DA Watching

“This is something that’s going to be in litigation,” he said. “I heard that papers were picked up to file a complaint by the ACLU, and once they file that we’ll act.”

The district attorney’s office is also watching the situation.

“These certainly seem like serious allegations,” said spokeswoman Linda Miller. “But we want to hear other sides of it first. It most likely will go to Internal Affairs and then to us.”

Jail Cmdr. Melvin Nichols said Wednesday that the affidavit was taken from Gabriel and placed with his property only because all of the belongings in his cell had to be removed for cleaning. He said that “as far as I know,” the affidavit was returned to Gabriel.

Sealing Procedures

However, Gabriel said a deputy had warned him against writing the ACLU, then took the unsealed envelope and placed it with Gabriel’s property rather than mailing it.

Wheeler said it is standard procedure for inmates to hand unsealed legal correspondence to deputies, who then are allowed to search the envelope for contraband, but are not allowed to read the contents. The envelope is supposed to be sealed in the inmate’s presence and then mailed.

Gabriel said he never saw the deputy seal the ACLU envelope and that the deputy left with the envelope still open. Gabriel’s mother said that, when she picked up the envelope at the jail Saturday, it had been sealed.

Wheeler said the ACLU has received about 40 affidavits so far. She said she had no way of knowing how many other affidavits may have been intercepted.