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FEAR, INTIMIDATION AND LACK OF ACCOUNTABILITY EXISTED PRIOR TO INMATE TYREE'S
JAIL DEATH

BY STEPHEN STOCK AND DAVID PAREDES • PUBLISHED FEBRUARY 24, 2016 • UPDATED ON
MARCH 21, 2017 AT 12:54 PM


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Fear, Intimidation and Lack of Accountability Existed Prior to Inmate Tyree's
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A four-month-long investigation by NBC Bay Area has uncovered a troubling
history of complaints of abuse, fear, intimidation and lack of accountability at
Santa Clara County’s jails. Stephen Stock reports in a video that first aired on
Feb. 24, 2016.

A four-month-long investigation by NBC Bay Area has uncovered a troubling
history of complaints of abuse, fear, intimidation and lack of accountability at
Santa Clara County's jails.

The Investigative Unit analyzed years of data from Santa Clara County's Jail
Observer Program and found complaints of physical and mental abuse at the hands
of corrections officers dating back to at least to 2013.

NBC Bay Area's Investigative Unit also spoke with eight current employees of the
Sheriff's Office including current corrections officers. All but one agreed to
speak only if NBC Bay Area protected their identities because of fears of
retaliation from the Sheriff's administration.

All of the corrections officers told The Investigative Unit the same story: a
historic trail of abuse and mistreatment of inmates at the hands of some
corrections officers, short staffing, inadequate training, shortage of inmate
bed space and low morale.

All eight corrections officers told NBC Bay Area these issues, combined with a
lack of accountability, created a confluence of events that eventually lead to
the death of inmate Michael Tyree in September 2015.

Tyree was discovered beaten to death in his cell on August 26, 2015. He was in
jail on a mental health hold but had actually served his formal jail sentence.
Instead of being housed on the mental health floor of the jail, sheriff’s
officials say Tyree was being kept in the general population because there was
no room for him in an outside mental health facility. Three corrections
officers, Matthew Farris, Jereh Lubrin and Rafael Rodriguez, all face murder
charges in the alleged beating death. All three have pleaded not guilty to the
charges. They also are accused of assaulting another inmate the same night Tyree
was found dead.

 * 'His Death Has to Mean Something': Sister of Inmate Allegedly Beaten to Death
   at Santa Clara County Jail Speaks Out

All these issues, the officers said, continue to exist. Each of them said they
worry that if these issues are not addressed they will continue to create a
toxic and dangerous culture that could put additional inmates and officers
safety at risk.


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After inmate Tyree's death, an independent Blue Ribbon Commission was appointed
by Santa Clara County supervisors to look into the circumstances surrounding the
death and the culture at both the main jail facility and the Elmwood Minimum
Security facility.

In a scathing public session, two independent auditing groups headed by
attorneys based outside Santa Clara County reported findings similar to NBC Bay
Area's reporting. The independent auditors interviewed 944 inmates, eight family
members and 33 corrections officers, all anonymously.

Both teams presented their findings and analysis to the Santa Clara County Jail
Blue Ribbon Commission in a public hearing on Feb. 20, 2016.

Click to see both teams' reports: Zisser Report | Emblidge Report

The data reviewed by NBC Bay Area's Investigative Unit and the eight corrections
officers who spoke about what went on at the jail over the years paint a picture
of dysfunction that has been taking place at both jail facilities well before
Tyree's death.

The corrections officers pointed to lack of training, short staffing and a lack
of accountability at the jail dating back to at least 2010.

"It goes back to the culture. Right now everyone's afraid to speak," said one
officer, who has worked at the jail for more than a dozen years and asked to
remain anonymous. There is a "lack of oversight." There is the "public
appearance, but the actuality of what is occurring in the (jail) facilities is a
different thing."

One officer who did speak on the record was Sean Allen, a training officer who
also serves as a corrections officer at the jail facilities.

In his interview with NBC Bay Area, Allen was acting as an employee
representative of the Santa Clara County Department of Corrections.

The "culture has changed tremendously since I started (nearly 20 years ago),"
Allen said. "Training is different" than it used to be. "And I think training is
a huge issue. Lack of training."

Allen has filed suit in U.S. District Court against Santa Clara County and the
sheriff for civil rights violations and harassment. In response to his civil
complaint, the county and sheriff deny the allegations he makes in the suit.

Read the Civil Complaint and the County and Sheriff's answer.

"You have to increase your staffing," Allen said. "Increase your training base.
Increase your bed space. You give people the tools to do the job."

Allen told NBC Bay Area Senior Investigative Reporter Stephen Stock these
problems existed well before Michael Tyree's death.

For two decades, Santa Clara County has had the independent Jail Observer
Program, based in Santa Clara County's Human Resources Department. The program
takes anonymous calls from inmates, families and even corrections officers who
wish to report problems at the jail.

"The intent of the Jail Observer Program is to provide a neutral resource for
residents, inmates and staff," said Kate Jones, Jail Observer Program
Coordinator.

Since 2013, the program has been transcribing each anonymous complaint in its
entirety to better track and classify the problems occurring in jail facilities.

NBC Bay Area was able to obtain that data and read every one of the 227
complaints filed since July 2013.

After receiving the complaint and entering it into a database, Jones then
follows up and issues a yearly report seen by the sheriff, jail administrators
and county supervisors.

 * [BAY ONLY]Inmate Killed at Santa Clara County Jail Wasn't Supposed to Be
   There

From 2014 to 2015, Jones said she's seen a doubling of complaints from 93 a year
to nearly 200.

"I got behind (in tracking the data) because of the increase in calls," Jones
told NBC Bay Area.

NBC Bay Area's Investigative Unit reviewed every one of those formal transcripts
dating back to 2013.

The complaints covered a variety of issues including the jail environment, lack
of appropriate medical care, to issues over prescription medication and officer
treatment of inmates.

Since July 2013 through March 2015 (the latest raw data available to The
Investigative Unit), there have been 22 different officer-involved
treatment-related issues, including specific allegations of physical abuse.

Click here to see the spreadsheet of data from 2013, 2014, 2015.

Included among the specific allegations of physical abuse was a report of
inmates being prompted to beat each other while the officers watched, another
inmate getting pepper sprayed through the slot of a cell door and yet another
inmate was beaten while restrained by handcuffs.

The report does not quantify what action, if any, including discipline, was
taken in any of these cases.

Click here to read some of the complaints.

Leaders of the public watchdog group Silicon Valley De-Bug, based in San Jose,
said they've known about these troubling questions for years because they've
heard a constant stream of complaints and worry from the families of inmates
spending time at the Santa Clara County jail.

"We knew that this was something that was larger than just isolated incidents,"
said De-Bug director Raj Jayadev.

The number of complaints from inmate families "became this eclipsing issue that
would keep coming out every week of a family saying 'I'm really concerned about
my son or my loved one,'" Jayadev said.

"This idea that this is a new problem that has no history is just a false
narrative," Jayadev said. "I think the data here proves that complaints have
been surfaced that they've been communicated" to the Sheriff's administrators.

 * [BAY ONLY]Judge Who Sentenced Killed Inmate Speaks Out

"There are some things that concern me greatly, of course," Sheriff Smith said.
"We're really committed to making change and going forward with a reform
movement."

When asked about the questions surrounding the jail culture, Sheriff Smith said,
"Let me get a chance to look at the report and everything. But I heard a lot of
disturbing things."

When asked if these problems stem from a failure in her administration, Smith
replied, "It's the entire organization. You know the entire organization there
needs to be a lot of reforms. Absolutely."

Sheriff Smith confirmed that she and her administration knew about this Jail
Observer Program complaint data. She said she's not sure why there has been an
increase in the last few years. Smith explained it could be everything from
better reporting, to an increase in frustration among corrections officers.

Sheriff Smith blamed budget cuts for cuts in the staffing levels at the jail
during the last three years.

The Sheriff told NBC Bay Area she would be open to considering the appointment
of an independent oversight body to monitor the jail going forward if the Blue
Ribbon Commission made such a recommendation.







 







THIS ARTICLE TAGGED UNDER:

NBCSanta Clara CountySheriffRepresentativeNBC Bay Area’s Investigative Unit


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