Duffy to Let Grand Jury Review Jail Deaths; Says Department Is Vindicated

A day after the decision by federal authorities not to prosecute sheriff’s deputies for alleged beatings in the county’s jails, San Diego County Sheriff John Duffy revealed a new policy that will transfer authority to investigate jail deaths from his department to the County Grand Jury.

During a lengthy interview in his office Wednesday, Duffy also responded to the decision not to prosecute deputies in 70 cases of alleged civil rights violations at the county jails, saying it was a vindication of his department and provided “a feeling of uplifting after all this sagging.”

The FBI and U. S. attorney’s office announced Tuesday that there was insufficient evidence to prosecute deputies and jail personnel in dozens of incidents in which inmates were reportedly beaten or died in custody. The FBI began its probe in May after scores of inmates and former inmates complained of harsh treatment at the facilities and were the subject of many stories in the press.

Duffy, who has been sheriff since 1971, never acknowledged that his decision to let the Grand Jury investigate jail deaths was prompted by criticism of the department’s management of the jails.

‘A Sensible Review’

“I intend to turn every jail death to the Grand Jury from here on, every single one. That, in my mind, is a sensible review,” Duffy said. However, he quickly added that he does not expect the new policy to silence his critics.

“When the Grand Jury reviews the death of an inmate, and they don’t find that the deputies were sadistic, somebody will complain about that. . . . You’re not going to satisfy the critics, no matter what you do,” he said.

Under the old policy, deaths were investigated by sheriff’s homicide detectives, which critics, including San Diego County Supervisor Susan Golding, likened to the fox guarding the chicken coop.

Although the federal probe cleared the Sheriff’s Department in 70 cases, U. S. Atty. William Braniff said authorities are still reviewing two other cases to determine if prosecutions are warranted. Duffy said the cases still under review involve the death of Albert Manuel Varela, who died at the downtown jail, and John McDougall, a Vista man who charged that he was handcuffed and beaten by a deputy who responded to his emergency call for help.

“The federal grand jury is still looking at the Varela and McDougall cases. I’ve been told that there is no evidence in either of the cases of a criminal conspiracy. I’m told that the maximum would be misdemeanor charges issued in these two cases as a result of the grand jury investigation. They haven’t found civil rights violations,” Duffy said.

Prosecution Unwarranted

Braniff declined to confirm or deny that the federal Grand Jury is still investigating the two cases. Instead, he said that, in every case that was reviewed, “prosecution was not warranted.”

The sheriff blamed the news media for the massive FBI probe, which he said resulted from “an orchestrated campaign on the part of the San Diego Union-Tribune.” According to Duffy, reporters from the two papers “have told us that they’ve been assigned to write something negative every single day” about him and the department. He claimed that editors at the two papers “don’t like the fact that I’m independent.”

Tribune Editor Neil Morgan reacted with humor to Duffy’s comments, responding that “we have no programmed reporters.”

“John is a consummate politician,” Morgan said. “Like some politicians, he needs to clear his lungs. Too bad we can’t clear his head, too. I’d box him if it were up to me.”

‘Indulging in Paranoia’

Union Editor Gerald Warren said that Duffy was “indulging himself in a little paranoia.”

“We reported legitimate complaints about treatment at the jail,” Warren said. “The FBI is not saying that the beatings did not take place. They’re saying that they didn’t have evidence, except in two cases, to recommend prosecution.”

Duffy acknowledged that there have been instances of deputies using excessive force at the jail and on the street.

“I’ve disciplined 52 deputies for using excessive force in the past five years. . . . If you mistreat people, you’re going to answer for it. Nine of these deputies were referred to the district attorney’s office for prosecution,” Duffy said.

Few Problems at Facilities

With the exception of crowding at the jails, Duffy said, he found few problems at the facilities. Duffy candidly remarked that incarceration at the El Cajon and South Bay facilities amount to “cruel and unusual punishment.” He said that, on Wednesday, the El Cajon jail, which was designed to hold 120 inmates, had 689, and the South Bay jail, which was designed to hold 192 inmates, had 794.

Federal officials said they are forwarding the results of the FBI investigation to the County Grand Jury, which is conducting an administrative review of the Sheriff’s Department. Duffy said he expects a critical report from the Grand Jury, but added that some of the criticisms directed at him and the department will be unwarranted.

“My best guess is that the Grand Jury is going to make findings of a lot of inadequacies. Some will be mine, but some will be totally out of my control. . . . They will find failures in supervision and middle management, and they will find inadequate training, I’m sure,” Duffy said.