Abu Ghraib California

Cross posted at Seeing the Forest.

From the pages of the O.C. Weekly, Justice Takes a Beating: OC court greenlights torture in local Jails

Sheriff Mike Corona's deputies could teach Gen. Geoffrey "Gitmo" Miller a thing or two about torture.

Last month, on the other side of the planet from Abu Ghraib prison and 3,200 miles from Guantanamo Bay, right here in Orange County, five jail deputies handcuffed, hooded, beat and tortured a 38-year-old San Clemente businessman, according to a claim filed this week.

Still in pain three weeks after the July 17 incident, Greg W. Hall told OC Weekly about a Sunday evening that began auspiciously: enjoying a beer early in the afternoon and later several coffees, contemplating surfing and walking his dog at the beach. As Hall backed his SUV out of a parking space, his dog jumped in front of a side-view mirror and distracted him. He sideswiped another vehicle, causing minor damage.

Just in case you were wondering, Hall is a white man.

Just another day at the beach:

When police arrived, they gave Hall a field-sobriety check and two Breathalyzer tests. Crime lab records show his blood alcohol level was 0.00. Nevertheless, deputies believed Hall acted oddly. Currently on probation for an illegal prescription case in 2003, Hall told the officer at the scene about the beer and admitted that he used Paxil, an antidepressant medication. The deputy arrested him on suspicion of DUI and transported him to the Orange County Jail for a drug test. After a nurse took his blood, the arresting officer told Hall, "You'll probably be out of here in about an hour," and left.

But a 16-hour "hellish nightmare" awaited Hall, who attended Newport Harbor High School, graduated in 1991 from UC San Diego with a degree in economics, and says he has operated several small companies. When he complained about the tightness of his handcuffs, five deputies swarmed him, yelled obscenities and attacked without legitimate provocation, Hall claims. Handcuffed and overwhelmed, his body was treated like a piñata.


Those good old boys at the OC jail know how to have a good time:
According to documents filed Aug. 11 with county officials, the deputies dragged Hall down a corridor, shoved his face into a cell door frame, threw him to the floor, punched him, kicked his ribs, stomped on his back and legs, bent and twisted his arms and wrists, and repeatedly slammed his face into the concrete. Hall says one deputy tried to break his right foot with his bare hands. He remembers an unrelenting, "two- or three-minute attack" that ended only when a superior officer ordered the deputies to stop.

"I thought they were going to kill me," said Hall, bandaged and wearing a wrist cast. "They had no right to torture me. I was in handcuffs. I was cooperating."

At press time, the results of Hall's drug test were not available. But medical records show that during his visit to the jail he suffered a concussion, broken ribs, a gash in his leg, an eye contusion, broken veins in his feet, a shattered front tooth, lacerations and bruises over his body, contusions to a knee, neck pain, a fractured right wrist and nerve damage to his left hand. The handcuffs were locked so tightly that the steel sliced his hands and caused dangerous swelling. An imprint of a deputy's boot could be seen on the back of his leg for days.

The beating was so severe that Hall defecated in his pants. Deputies laughed and called him a "shit monkey." When they returned to his cell later, they cursed at him again--and tied a black mesh hood over his head.

The "Psycho Crew":

But law enforcement sources, defense lawyers and former inmates tell the Weekly that a minority of officers in the Orange County Jail are, as a sheriff's department official familiar with excessive force cases described them, "pure and simple thugs who don't have the mental or emotional makeup to wear a badge."

"Outsiders might think the department wouldn't tolerate these bad apples," said the official. "But they're definitely there. They're an embarrassment to the department. They've even had names, including `The Psycho Crew.'"

Unimaginable brutality has been publicly reported:

>Brown, now with a Tennessee newspaper, found evidence in 2000 that jail deputies entertained themselves by encouraging fights between inmates. In 2001, Brown and Register reporter John McDonald disclosed that four deputies had taken a 20-year-old inmate to an isolated area of the jail in December 1999 and crushed his testicles. Prosecutors agreed that the man had been tortured but said a code of silence among jail personnel prevented the filing of charges. Deputies claimed their Fifth Amendment protection against self-incrimination when they were brought before the grand jury.

The California Court of Appeals condones torture:

But the Court of Appeal comprises well-connected individuals. And for those with further political ambitions, it's unwise to take sides against law enforcement or to dig too deeply into local institutions like the jail. So it's not surprising that Sills' panel routinely ignores the screams of beaten suspects and inmates.

What's alarming, however, is how far that panel will go to make life more miserable for inmates, many of whom are still--nominally, at least--innocent. Just before Hall's alleged July 17 beating, the appeals panel gave tacit support for jailhouse torture. On June 29, Justices William Rylaarsdam, Richard D. Fybel and Eileen C. Moore overturned a jury's decision to award $177,000 in damages to Robert N. Carter, an inmate who suffered numerous injuries while in custody for possession of drug paraphernalia. Forty years old and overweight, Carter claimed that deputies refused to give him medicine for a critical heart condition, kicked him in the groin repeatedly, pepper sprayed his face, beat his ribs, broke his jaw and hog-tied him. He said he was forced to use his cell's toilet water to rinse the pepper spray from his eyes.

The California Court of Appeals repeatedly condones brutal beatings:

But the most troubling ruling from the court came on June 8, when Justices Moore and Fybel joined William Bedsworth. The case was simple: Santa Ana police took Hong Cuc Truong, who'd been arrested for shoplifting in 2002, to the Orange County Jail. There, Truong--a Vietnamese immigrant diagnosed with schizophrenia--initially refused a deputy's command to undress and take a shower before she was to be issued a jail jump suit. Truong began undressing about 10 minutes later, after another inmate convinced her it was safe to disrobe. As she pulled her sweater over her head, however, four deputies pounced, beating and kicking her and painfully twisting her arms behind her back. In the process, Truong suffered a severe arm fracture, according to records reviewed by the Weekly. Tossed in a cell, she said she was denied medical attention for hours.

The appeals court ruled there had been no excessive force. Never mind that the woman was in the process of complying when the attack occurred, wrote Justice Moore: "Truong's refusal to obey the lawful order and the events that led to her injuries are part of an unbreakable chain of events." It was "temporal hair-splitting" to consider that the woman had "changed her mind and started to remove her sweater."

But lost in Moore's justification was a missing explanation: Why did it take four trained deputies--using considerable violence--to handle Truong, who, at the time of the incident, was 54 years old, an inch over 5 feet tall and barely 100 pounds?

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Comments

19 Comments

aggressive in one world
Dear  Gary Boatwright . . .

I want to acknowledge that I read your presentation; however, I cannot comment.  My heart hurts and there are no words to express what sadly, does not surprise me.  

A thought found its way to the surface.  Accepting violence, engaging in war willingly, is never isolated.  I believe if we are prepared to be aggressive in one world, we will be in others, any and all others.

Betsy L. Angert Be-Think

by BL Angert 2005-08-21 06:47PM | 0 recs
Re: aggressive in one world
Hi Betsy, welcome to MyDD I'll go check you site out.
by goplies 2005-08-21 06:50PM | 0 recs
Re: aggressive in one world
That's quite a site, looks like you've been working hard.  Thanks!
by goplies 2005-08-21 06:51PM | 0 recs
Re: aggressive in one world
Dear goplies. .

I cannot begin to tell you how much your words and actions mean to me!  Actually, I just refined the introduction on my last piece to make it more apparent where I was going.  I thank you for appreciating what I have worked to do and I hope that you will visit me often.  

On my first visit, or posting, to My DD, I received a comment from Gary Boatwright.  He helped me dare to continue.  On that occasion, he welcomed me; the acknowledgement was and is important.  With thanks to your words, I beginning to feel more, or truly at home.  

I hugely appreciate the kindness each of you expressed.  My experience thus far is that MyDD is a quality space.  I am glad to be a part of such a wondrous world.

Betsy L. Angert Be-Think

by BL Angert 2005-08-22 12:45PM | 0 recs
Re: aggressive in one world
I would also like to welcome you to MYDD.  You have put your heart and soul into your site and it certainly shows.  Excellent post on Sen. Mccain, I see you have a category devoted to him.  I hope this means we will see numerous posts prior to the 2008 primaries.  Keep up the good work.
by Demo Dan in Dayton 2005-08-22 01:35PM | 0 recs
Re: aggressive in one world
Yup Gary was nice enough to do the same for me.

:)

by goplies 2005-08-24 05:20AM | 0 recs
War is a malevolent force
It magnifies and enhances the twisted impulses that already exist in our society. The approval of this conduct by California appellate judges is very, very disturbing.
by Gary Boatwright 2005-08-21 06:59PM | 0 recs
Re: War is a malevolent force
Excellent work on this Gary.  Maybe the fight for CA-48 will help shake up some of the entrenched conservatives in OC and then things might change.
by Demo Dan in Dayton 2005-08-22 05:34AM | 0 recs
Re: War is a malevolent force
I'm certainly going to take a couple of dozen copies of this story to my next DFA Meet Up and my next Move On Meet Up.
by Gary Boatwright 2005-08-22 08:22AM | 0 recs
Re: War is a malevolent force
And the reverse, as well.  The brutality that leads to this kind of incident also makes it easier to accept war as a solution.
by arenwin 2005-08-22 06:03AM | 0 recs
The Democratic Losers Club takes a dive on Iraq
Hat tip to Armando for Sirota's article at The Huffington Post.

Beltway Dems Regurgitate Right-Wing B.S. on Iraq; Grassroots Fights Back:

More bad news: the Democratic Party's Senate and House campaign apparatus is telling Democrats to keep their mouths shut on Iraq, for fear they will look weak on national security. Most recently, these pathetic souls desperately tried to divert attention from how the Iraq War played an instrumental role in Iraq War Veteran Paul Hackett's congressional race in Ohio. Apparently, the class of professional election losers in Washington, D.C. thinks Democrats can win by saying almost nothing on Iraq (like the party often says nothing on lots of issues, thus perpetuating the perception that Democrats stand for nothing).

FWIW, the first 15 minutes of the CNN special on phony intelligence is pretty hard hitting so far.

by Gary Boatwright 2005-08-21 07:16PM | 0 recs
CNN?
Damn! I knew I was supposed to be watching something!
by catastrophile 2005-08-21 07:31PM | 0 recs
horrific
This is horrific.  I was more than a little disturbed to find, through a quick Google News search, no mention of this whatsoever in the mainstream media.   Has it gotten any mention out there at all, beyond the alternative papers?
by arenwin 2005-08-22 05:57AM | 0 recs
Re: horrific
This was the first I heard of it. The article mentions some related coverage a few years ago, but it looks like the OC Register and LA Times both gave up on this issue.

What's a couple of crushed testicles compared to the drama of runaway white girls? Not to mention that the last time they covered this issue it probably pissed of their law enforcement contacts and they wanted to protect their "access."

by Gary Boatwright 2005-08-22 08:21AM | 0 recs
I wonder what
Janice Rogers-Brown ruled in these kinds of Cali cases...on paper she's worse than torture architect Abu Gonzales himself on almost all issues, so nothing would surprise me.
by BlueEngineerInOhio 2005-08-22 07:32PM | 0 recs
This is nothing new.
I remember the Rodney King beatings where the officers beat him over and over again after he was already subdued. Then, there is the OJ case, where the racist cop may have planted evidence. I would not be surprised if the Black community in the LA area has little trust for the police.
by Eternal Hope 2005-08-22 11:46PM | 0 recs
Keep your dial tuned to VLWC radio
The hits just keep on coming!

5 Calif. Guardsmen Face Charges of Abusing Iraqis:

Five California Army National Guard soldiers, all members of a Fullerton-based company, will face courts-martial on charges that they participated in or were complicit in the abuse of Iraqi detainees, according to military officials.

Lt. Col. Cliff Kent, a spokesman for the 3rd Infantry Division in Iraq, said the military has been conducting an investigation into allegations against 12 soldiers implicated in the alleged abuse.


Sooner or later this is going to move up the chain of command.
Members of the battalion who spoke on condition of anonymity said three of the five facing courts-martial are sergeants. Their hearings will take place in Iraq, Kent said. No schedule has been set.

The courts-martial mark the latest development in a multi-pronged investigation into allegations of misconduct among soldiers who are members of the battalion.

The investigation already has led to the battalion's charismatic and controversial commander, Lt. Col. Patrick Frey, being suspended from duty. And the entire Alpha Company was removed from combat and patrol duties, and confined to a military base this summer.

There are so many videos of immoral conduct that people are literally tripping over them:

In addition to the charges that have led to the courtsmartial, Army officials have investigated allegations that solders from the battalion charged unauthorized "rent" to Iraqi-owned businesses operating on an Army base, and forced Iraqi civilians to move a dead dog from the middle of a road because they feared the carcass could contain a makeshift bomb.

The current charges appear to focus on alleged abuse that took place in March at a Baghdad-area power plant.

One soldier in the battalion, who spoke on condition of anonymity because he is not authorized to discuss operations publicly, said the plant is "a very important facility in our sector, which the bad guys would very much like to blow up."

A portion of the alleged abuse -- the use of a stun gun on a handcuffed and blindfolded Iraqi -- was captured on videotape, soldiers in the battalion have said.

A soldier who was not involved stumbled across the footage while sifting through files on a laptop computer and brought the tape to his commanders, sparking that portion of the investigation.


Gen. Burns was in charge of recruiting. Randi Rhodes has been making the case that we was removed from his command because he had been complaining about the low quality of recruits that he was being sent. Out of eleven four star generals, Gen. Burns was the third highest ranked four star. There are more details still to be revealed about why he was relieved of his command:
The 1st Battalion of the 184th Infantry Regiment caused a stir last year when some of its soldiers went public with concerns that their training for Iraq, conducted at the Ft. Bliss military complex that straddles the Texas-New Mexico border, was sloppy and inadequate.

Soldiers said they had received little "theater-specific" training, such as instruction for protecting themselves against improvised roadside bombs that often are used by insurgents to target American forces.

The soldiers' decision to discuss their concerns publicly helped focus attention on the difficulties that the Bush administration has faced in trying to staff the Iraq war in large part with part-time "citizen soldiers" from the National Guard and the reserves whose duties traditionally had been limited largely to domestic operations such as disaster recovery.

Today, members of the battalion are voicing concerns -- on Internet sites and in e-mails to relatives and friends back home -- that they have been victimized by a small group of troublemakers.

"A handful of soldiers have disgraced the entire unit," one soldier wrote from Iraq in an e-mail sent to family and friends in California. "They are going to pay for it, but they have sullied the names and reputations of some men whom I regard with the utmost respect and loyalty."

Instead of looking at failures in the chain of command, the military brass is trying to sweep this under the carpet.

The military, meanwhile, has sought to downplay the problems facing the battalion.

Kent, for instance, referred to the actions of the soldiers facing courts-martial as "suspected terrorist abuse" -- though the military has acknowledged that all but one of the detainees involved in the abuse were released from custody.

by Gary Boatwright 2005-08-23 05:28AM | 0 recs
CA Prop 75
Until recently, I would have reflexively voted against California Proposition 75.  Stories like this one where there is alledged disgusting & horrible abuses by public employees and there is no investigation due to politicians fearing the union have caused me to reconsider.

These unions are certainly not serving the public good by protecting unfit employees.  I've noticed recently in several interactions with local government employeess that too many seem to try to do as little work as possible.  As much it sounds like Repug frame, I'm wondering if it's true.  I still believe unions are necessary in the private sector but now seems entirely possible to me that they are abusing their leverage in the public sector.

by pyewacket1 2005-08-23 10:06AM | 0 recs
Re: CA Prop 75
Prop 75 is not the answer. It is way too broad a brush for a limited problem. The Prison Guard Union is the worst.

There are undeniable problems with public employee pensions. Prop 75 is not the solution.

by Gary Boatwright 2005-08-23 11:34AM | 0 recs

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