Judge Dashes Grand Jury Plans for Jail Inquiry

There is insufficient time for the San Diego County Grand Jury to investigate allegations of abuse by sheriff’s deputies in the county jails, and state law prohibits the panel from extending its tenure beyond June 30 to complete the investigation, the presiding judge of the Superior Court said Monday.

In a letter to grand jury foreman Edward C. Malone, Judge Michael I. Greer turned down Malone’s request for an extension so the jury can complete the investigation. Malone asked for the extension Friday, after announcing the day before that the grand jury would go along with a call by Sheriff John Duffy for a review of the allegations.

However, on Monday afternoon, Malone said that the grand jury probe will continue, despite having about three weeks left in its term. Malone said the panel will be playing a “watchdog role,” which will allow it to pass on any information it gathers to the incoming grand jury, if the current grand jury does not finish the investigation.

“The jury will continue its investigation. . . . Nobody can put a time limit on an investigation. It’s part of our mandate to review the jails. We’ve taken it on,” Malone said.

Duffy has been dogged by controversy for two months over allegations of brutality in the jails. More than 40 men and women have charged that they were variously beaten, stripped and chained naked and denied medical care by deputies at the jails. Duffy has scoffed at the allegations and called most of the people making the complaints drunkards and criminals.

Suggested Help Prepare

According to Greer’s letter, state law also prohibits the impaneling of a special or additional grand jury to investigate the allegations. Instead, Greer suggested that Malone help prepare the incoming grand jury, which will be seated July 1, so the new panel can begin the investigation.

“You may wish to concentrate your efforts on assisting the incoming grand jury in any investigation it may determine to implement,” Greer wrote. “ . . Because the current grand jury must be discharged at the end of this month, there is insufficient time for a thorough and complete investigation before then.”

Greer suggested to Malone that he consider employing investigators from the district attorney, county counsel or the state attorney general to begin the investigation and “service of process and preparation” to assist the incoming grand jury in the probe of charges of jail abuse.

But, in a telephone interview, Malone said that he is undeterred by criticism or Greer’s suggestion that the current jury cannot do a thorough investigation in the next three weeks of the many complaints filed against jail deputies.

“It depends on the kind of investigation a person does. . . . All we can do is start it and let the investigation tell us what is the proper way to handle it,” said Malone. He added that, although the probe might be hurried, it will not be “sloppy.”

“We’re starting the investigation, and are going to move forward on it and keeping in mind all different options. It should be done by the county grand jury as quickly as possible,” Malone said.

He said that “it’s possible” that the present jury might not finish the investigation. A criminal investigation cannot be passed on from jury to jury, Malone said. But, since this is a “watchdog investigation,” it can be assumed by the incoming jury, he added.

A watchdog investigation can turn into a criminal investigation, said Malone.

Malone and the grand jury were criticized in March by black leaders for refusing to review the shooting death of Tommie C. Dubose by San Diego police. According to reports, Malone said that the grand jury then did not have enough time to do an adequate investigation of the incident. That criticism from black leaders flared again Friday, when Malone announced the jury’s jail probe.

On Monday, Malone attacked the press reports about the jury’s refusal to investigate the Dubose shooting and said they were misleading. He said the jury refused to review the shooting because the incident was already being investigated by the district attorney’s office, which eventually cleared police of wrongdoing.

“Our position is always that, as long as the district attorney is doing an investigation, it’s premature for anybody to jump in and do a concurring investigation,” said Malone.