Duffy Asks Probe of Jails by Grand Jury

Calling recent published reports of deputies beating inmates a “media circus,” San Diego County Sheriff John Duffy on Wednesday formally requested a county grand jury investigation into allegations of excessive force by jail deputies.

“I believe it is now time for the gathering of facts by an independent and reputable body,” the sheriff said in a letter to Edward C. Malone, grand jury foreman.

“Because of the distorted view the public has received on this issue, I believe it is time to move the media circus into the more dignified surroundings of a grand jury chamber.”

The request comes in response to continuing allegations from current and former county inmates that they have been beaten by deputies and, in some cases, stripped and chained naked in isolation cells.

However, because the term of the current grand jury ends this month, it is unclear whether the panel will initiate a review. Malone could not be reached for comment Wednesday night.

Request Turned Down

But, earlier this year, Malone turned down a request to investigate the controversial San Diego police shooting of Tommie Dubose, killed during a police drug raid. Malone at that time cited the fact that the grand jury term was ending this summer and that the county district attorney’s office was already investigating the case.

In the jail controversy, both the FBI and the U.S. attorney’s office are now investigating the inmates’ complaints.

Duffy in his letter suggested three ways the grand jury could investigate the allegations, including having the current grand jury request that it be “held over for the purpose of conducting this inquiry;” having Malone ask the incoming grand jury to conduct the investigation; or having Malone “attempt to conduct an inquiry in the short time remaining.”

“I believe that the grand jury, under its criminal authority, can very well examine those accusers under oath and test their credibility through cross-examination in the same manner that they can examine accused deputies under oath and test their credibility,” Duffy said.

“In addition, under the so-called watchdog authority, I believe the grand jury has the authority to examine all of our procedures, policies, practices and conditions and to comment publicly on them or make specific recommendations,” the sheriff said.

“The difficulty with that watchdog review is that witnesses are usually not under oath and are not cross-examined,” the sheriff added. “Either way the grand jury chooses to go will be completely acceptable to me.”

Duffy also sharply criticized the media for its reporting of the allegations of inmate abuse.

“The media has had an entire month to amuse themselves with this issue,” he said. “It has been complete with editorial comment based on no facts whatsoever, simple-minded editorial cartoons and even (television commentator) Michael Tuck’s pontifical perspective which also lacked any specifics whatever.”