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Settlements Prove County Was to Blame for 2 Jail Inmates’ Deaths, Families Say

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<i> Times Staff Writer </i>

The families of two inmates who died at the Orange County Jail in 1987 said Thursday that their $450,000 settlement with the county shows that the government is to blame for the deaths, even though another inmate is charged with the killings.

County officials said Thursday, however, that they have not admitted any liability in the deaths as part of the settlement.

Eileen Walsh, manager of the county’s Correctional Medical Services, said an internal review after the deaths found that the jail medical team’s procedures were proper.

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“We were assured that everything that was done was correct,” Walsh said.

Charged With Murder

A suit filed by the families after the two deaths in January, 1987, charged that the county was to blame for incorrectly diagnosing the medical conditions of both inmates as well as placing the prisoners in the same cell with a violent inmate.

Jerry Thomas Pick has been charged with the murders of John Franklin Wilcox, 71, and Arthur Oviedo, 25. Wilcox’s death was originally attributed to natural causes, but after Oviedo was found strangled in Pick’s cell 2 weeks later, Wilcox’s body was exhumed and experts concluded that he had been beaten.

Under the settlement, Oviedo’s family will get about $300,000 and Wilcox’s son will get about $150,000.

“The biggest complaint in this matter is that both gentlemen were so horribly diagnosed, it almost makes you wonder whether it was a calculated mistreatment,” said Kevin McDermott, the attorney for the two families. “If they want to say they are settling this with no liability, I don’t know how they can say that with a straight face.”

McDermott claimed that Oviedo, who was a body builder, was in a depression caused by a “bad dose” of steroids when he was arrested for assaulting a police officer. The attorney said jail authorities inaccurately diagnosed the condition as schizophrenia and gave Oviedo strong psychiatric drugs.

“How can you put those two together? Those cells were built for one person only, not two,” said Susan Oviedo, who blames jail officials for her brother’s death. “They claim both were violent.

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“They were putting him in an explosive situation,” she said. “If they followed the regulations they already had, it would have prevented it.”

Maria Bastanchury, head of the county’s risk management office, said she could not talk about specifics of the case because it still has not been concluded. She said the settlement is nearly complete, but neither side has signed the final documents.

McDermott said the death of Wilcox, who had a history of schizophrenia, was also partly due to “inappropriate dosage and medication.”

Because the families believe there is still more to be revealed about their relatives’ deaths, they have offered a $50,000 reward for additional information.

McDermott said the county has significantly improved its medical facilities since the two deaths. He said the settlement includes a provision ensuring that the county will enforce its existing regulations regarding its medical procedures.

“They had regulations on the books that would have prevented these deaths,” he said. While treatment has improved, McDermott added, “the reward is going to be something to be sure that the county does not let it revert.”

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