Prisoners’ Brutality Claims High on List for New Grand Jury

An investigation into allegations that sheriff’s deputies are assaulting inmates in the county jails will be a priority of the new San Diego County Grand Jury, the panel’s foreman announced Tuesday.

However, Armistead B. Smith Jr. said, the grand jury has not decided whether to review the police slaying of Tommie Dubose.

In the jail probe, the 19 members of the 1988-89 grand jury, which met for the first time Tuesday, will be forwarded a preliminary review conducted last month by the 1987-88 grand jury. Then it will begin its own investigation into widespread charges that inmates have been beaten, chained and stripped naked in county jails.

Sheriff Denies Assaults

Sheriff John Duffy has denied that his deputies are assaulting inmates. But he and the county Board of Supervisors have formally requested a grand jury investigation into the allegations. At the same time, a separate federal inquiry encompassing a U.S. grand jury, the FBI and the U.S. attorney’s office is under way.

Smith, a retired Navy captain, said the panel met Tuesday only to discuss organizational matters.

“However,” he said, “I can state (that) you may anticipate that the jury will respond to the request to investigate the allegations concerning the jails. First, we will take full advantage of what is available from the preliminary investigation of the ‘87-’88 jury and then chart our own path.

“It is my understanding they will turn over to us information they have gathered. It will then be up to us to evaluate that information and use it, as appropriate, in our own investigation.”

No Time Estimate

He declined to say how long it will take his group to complete the investigation. He did say, however, that a grand-jury committee will be formed to conduct the review.

“We will, of course, go to what we consider the best sources to get the information we need,” he said. “But it’s too early to say who or how many people we will interview.”

But he made it clear that the jail matter will be one of the jury’s major investigations.

“It will be a matter of high priority of this grand jury,” he said.

“It’s a matter of considerable concern in the community. I think it’s important that we consider the allegations,” he said. “And, also, it’s important and meaningful to the people responsible for our jails that the true facts be disclosed.”

Decision Welcomed

Jim Butler, who has claimed he was beaten by deputies in the Vista jail and has encouraged other former inmates to raise similar allegations, welcomed the new grand jury’s decision.

Smith was asked if some members of the jury will be excused from participating in the jail investigation because of conflicts of interest, such as Paul Kincade, a member of the Honorary Deputy Sheriffs Assn.

“I’m certain that any juror who has a potential or real conflict will be excused,” he said. “But, at this time, I’m not willing to say anyone will be excused. Our desire is to take full advantage of any expertise or knowledge any jury members may have. But, where possible conflicts occur, it’s appropriate that particular individuals be excused.”

Seeks D.A.’s Advice

Kincade said he sent a letter Fridayto the county counsel and the district attorney, asking for advice on whether there would be a conflict for him to participate in certain grand-jury activities.

“I’m very concerned (with) . . . any potential conflict,” he said. “And I’ll be very alert to any possibility. I’m interested in objective studies.”

But Kincade said he agrees that his involvement as a deputy sheriff also could provide the inquiry with some expertise.

Meanwhile, Smith said his panel has not yet decided if it will review the Dubose slaying.

Declined Case

The previous grand jury declined to take the case, but Chief Bill Kolender, the Civilian Advisory Panel on Police Practices and members of the city’s minority community continue to request a grand-jury investigation into the shooting last March.

“We are going to review any requests that have been made or will be made for us to be involved,” Smith said. “But we have not yet made a decision on Dubose.”

Tommie Dubose, 56, was shot five times by a San Diego policeman when undercover officers burst through his front door to serve a search warrant during a drug investigation. The district attorney last month ruled that the shooting was justified.

But the district attorney also concluded that police did not properly announce themselves and did not allow enough time before breaking through the door.