At a press conference this afternoon at the District Attorney's headquarters in Santa Ana, DA Tony Rackauckas announced that a nine-month grand jury investigation by his agency failed to uncover any evidence to charge any Orange County Sheriff's Department personnel for the most bloody murder in the history of the county's jail system.
Rackauckas had just finished a brief appearance at OC Superior Court Judge Thomas Borris' courtroom, where three inmates were charged with the Oct. 5, 2006 murder of inmate John Chamberlain, a Mission Viejo software engineer who was awaiting trial at the Theo Lacy Men's Jail for possession of child porn. Last February, the DA's office had charged six other inmates with the brutal murder, which allegedly began when deputy Kevin Taylor told a white inmate that Chamberlain was a child molester and thus deserving of jailhouse justice.
The attack took place inside the F Barracks of Theo Lacy, a rectangular jail module with a guard tower in the middle that affords deputies a 360-degree view of the barracks. For 20 minutes, according to eyewitnesses interviewed by the Weekly, (see "Blind Spot," March 9, 2007), at least two dozen inmates savagely beat Chamberlain to death. Although cameras should have recorded the incident, deputies claimed the tape recording device malfunctioned. All that remained on tape was footage of deputies reacting to the incident. Deputies working the guard tower, including Taylor, later told investigators they didn't see the attack because they were watching a Dodgers game on television.
At the press conference, Rackauckas made clear he didn't feel that the deputies or their superiors were blameless in what happened, but insisted that testimony by inmates who claimed they'd been instructed to beat up Chamberlain wasn't sufficient evidence for prosecution. "If we could have proven a case that any member of the Sheriff's Department, from the lowest-ranking to the top of the department, was criminally responsible for the death of Mr. Chamberlain, there is no question that indictments would have been issued," he said.
Rackauckas then added a bizarre personal statement that had many at the press conference scratching their heads. "On the other hand, some have suggested that Chamberlain got what he deserved. Others have even suggested that we should set up inmates in jail to mete out their own brand of justice or pit them up against each other in gladiator fashion. Of course, that would reduce our justice system to the level of criminals."
But Tony, as this case you just spent the better part of a year "investigating" clearly shows, it is exactly that "brand of justice" that is happening inside the county's jails.
Apparently unaware of the irony of his own comments, Rackauckas finished his speech by insisting that although no deputies or higher-ups would be charged, he wasn't done with his probe of jail abuses. He said he'd be submitting a report to county supervisors in several weeks outlining what his investigation found and suggesting certain unspecified jail reforms. "I want this report to facilitate a public dialog about how in-custody deaths should be investigated in Orange County," he said. "We are going to discuss what penal reforms should take place in Orange County and clean up our act."
March 7, 2008 16:09
God, what a fuckin mess. When is the D.A.'s office going to hold any of these deputies accountable for running Theo Lacy like its Abu Grahib. You have to gang-rape someone and videotape it to get just these days.
March 7, 2008 19:44
After reading DA Rackauckas' philosophy about holding anyone accountable in this County for wrongdoing that is part of his political circle, there are no words to describe Rackauckas but disgusted and disgraced.
Rackauckas, just like Carona, and just like his political advisor who is married to Rackauckas' Public Affairs Counsel, arrogance, above the law, political influence and legal conflicts of interest prevent justice in Orange County for anyone who is not part of the inner political and wealthy Republican circles. Sadly, even the accused those forced to endure abuse in the OC jails are continually denied justice and due process, without legal conflicts of interest and political influence. Rackauckas made a big mistake today!!!!! He has granted OC jail inmates an almost guaranteed appellate court reason to appeal criminal charges.
There are many questions about Chamberlain's death that have not been answered by Rackauckas and the Grand Jury... but Rackauckas made a choice to ignore due process and protect himself only, not the fair administration of justice. Think about it... if Rackauckas rolls over on the Sheriff's Dept now, the OC Sheriffs who know about the ongoing cover ups and conspiracies in OC law enforcement, will roll over on Rackauckas. You scratch my back, I scratch yours.... you cover up for me and I return the favor. No matter what Chamberlain did before his stay in the OC jail, it is obvious this man was used to serve some other purpose or self-serving political agenda.
** What did Chamberlain know?
** What was he promised?
** Has anyone researched the child porn photographs found in Chamberlain's car?
** Were these photos associated with the Jeffrey Ray Nielsen child porn porn charges that were dismissed based on expired statute of limitations?
** Did the child porn charges involve associations with the child porn photos that were lost in the John Mark Karr child porn charges?
** For those non-believers, it is important to note that Chuck Middleton a 30 year OCDA attorney and Larry Scoufos, the Sonoma County DA assigned to the John Mark Karr child porn charges in September 2006, graduated from western State Law school together? Remember, John Mark Karr's child porn evidence was LOST!! John Mark Karr was released from Sonoma County jail on October 5, 2006, the same day John Chamberlain was beaten to death in the OC jail.
The porn charges, the timing and the death of Chamberlain are very suspicious to those observing from the outside. Congrats DA Rackauckas, political advisor Mr. Schroeder, Public Affairs Counsel Mrs. Schroeder, Officer Taylor and the others!!!! You may have succeeded this time around but justice always prevails, and believe it or not, some people here in the U.S. still believe in due process of the law, justice, truths and accountability.
March 7, 2008 19:57
Something is very wrong.. Rackauckas refuses to prosecute sex offenders employed by the Diocese of Orange for years and has no problem defending murder in the OC jail.... This was a great political move for the DA.... money is probably coming in fast..... SHAME SHAME SHAME
March 7, 2008 23:10
i hate cops.
March 8, 2008 11:46
" ......but justice always prevails..."
....sorry, Justice for a Chosen Few!, no it doesn't.....
"...and believe it or not, some people here in the U.S. still believe in due process of the law, justice, truths and accountability."
I used to believe, but now I know "justice" is something only for those who can afford it.....
Just remember folks, it could just as easily be you, or your sons at the mercy of those sadistic assholes (and I don't mean the inmates), picked up and held for something seemingly innocuous like public intoxication......
and while you sit the weekend out at Lacy, after you've seen the truth, and if you survive your stay, you'll see that no one will believe you either......
*sigh*
March 8, 2008 13:18
Moxley, where are you?
March 8, 2008 14:53
One has to wonder why Rackauckas can review the confidential special grand jury report for the OC Sheriff's Department when Rackauckas and the Sheriff have shared a political advisor, Michael Schroeder for years, without anyone calling conflict of interest violations. Then you have Susan Kang Schroeder, who is married to Michael Schroeder, who is Rackauckas' Public Affairs Counsel. This is so wrong.... Rackauckas will NEVER hold the Sheriff's Department accountable and the Sheriff's Dept. will never hold the DA's office accountable. THEY ARE ALL IN BED TOGETHER!!!
When will the people and elected officials in Orange County and the State of California OPEN THEIR EYES, WAKE UP and TAKE ACTION? Let's see now... the DA and the OC Sheriff are in bed together, share the same political advisor who sticks his nose in the election issues for the OC Board of Supervisors and is going to make life miserable for Supervisor Janet Nguye til the day she dies. Then you have the DA with a Public Affairs Counsel who interferes with due process of the law, while being married to the political advisor for the DA and Sheriff.
This County is a SHAMEFUL, DISGRACEFUL and DISGUSTING place... the OC Board of Supes are too chicken to do the right thing and the DA/Sheriff run the County all based on political affiliations. No accused criminal or non-politically connected citizen has a chance in hell in this County.... and if you happen to be a victim of sex crimes committed by politically connected employees, GOOD LUCK!!! If you are accused of a crime, most likely, you will be aggressively prosecuted so the DA can place another NOTCH on his belt!
Justice does not exist if you are not Republican or part of the inner political circle in the OC!!! Citizens electing the corrupt public officials need to take back this county.
March 8, 2008 16:00
Those of you who call yourself honest jail deputies see what evil goes on and you still keep your mouths shut. That means you're dirty pigs too.
March 8, 2008 16:39
The only way OC will clean up its act is if honest jail deputies and honest OC Sheriff deputies, come forward.... but does anyone really blame them if they refuse to commit political and career suicidde? Look what Carona has done to those who spoke out against his corrupt policies... Look what DA Rackauckas has done to his employees who tried to do the right thing.
Please oh please... if you know the truths about ongoing corrupt elected officials, please speak out. This county needs corrective action and it is time to clean house. If the OC Sheriff's Department is being forced to clean house, then the OC District Attorney should clean house!
GET RID OF THE SCHROEDERS!!!!!! This evil and legal conflicts of interest should allow each and every convicted criminal in Orange County a free ticket to an appeal or reversal of conviction. Then, we have Judges in the Orange County Superior Court who turn a blind eye to corruption, legal conflicts of interest and obstructions of justice.... most likely, those Judges will retire before anyone has the opportunity to report judicial abuse!
March 8, 2008 22:01
Once again OC Weekly, thanks for having, i wouldn't call it guts, but just a sense of responsibility to this community to report ANYTHING on this subject. OC Reg, we need you no longer.
Honest cops? Honest people don't want to become cops.
March 9, 2008 15:20
Thanks again to the OC Weekly for providing opportunities for the public to participate in matters of interest and safety, as mandated by state and federal anti-SLAPP statutes. The following was sent today, March 9, 2008:
March 9, 2008
Howard R. Lynch, Esq.
Email: Lynchlaw1@sbcglobal.net
William Morrissey, Esq.
Email: wgmlaw92705@yahoo.com
Rodger M. Carey, Esq.
Email: rsurfcar@pacbell.net
Edward Munoz, Esq.
Fax: (714) 954-0118
Martin J. Heneghan, Esq.
Fax: (949) 768-7170
Roland Rubalcava, Esq.
Fax: (714) 543-7845
Frank Davis, Esq.
Fax: (714) 568-4200
Joseph Cavallo, Esq.
Fax: (949) 477-4994
Re: Murder Charges -- John Derek Chamberlain
Gentlemen:
Based on public records information posted at www.occourts.org, I found your contact information regarding your representations of former OC jail inmates now charged with murder of John Derek Chamberlain. I am contacting you regarding your clients guaranteed right to due process of the law that may be at serious risk. Please note that I do not have knowledge regarding your clients' guilt and/or innocence of murder charges. However, it is my belief that your clients may be pawns to cover up a serious conspiracy, obstructions of justice, jail abuses and legal conflicts of interest existent within the OC Sheriff's Department, the OC District Attorney's office and/or other government agencies in Orange County for many years.
Unfortunately, all my attempts to report wrongdoing that may or may not be related to your clients' murder accusations, to the OC Grand Jury, the OC Sheriff's Department, Governor Schwarzenegger, the OC District Attorney and the California Attorney General have been denied to date. Based on the personal experiences of my husband, myself, our children and many others who have sought justice in a court of law in Orange County, California, against Goliath, a politically-connected individual and/or organization, your clients' rights to the fair administration of justice is most likely, non-existent. I have compiled a chronology of events that may or may not assist you in your representations. If you would like a copy of the chronology, please contact me at bodkind@hotmail.com or ___.
By copy of this letter, I am notifying District Attorney Rackauckas, the Orange County Board of Supervisors and Governor Arnold Schwarzenegger that political, religious, legal and government abuses of power continue in Orange County, California, without corrective action. It is also my belief that Mr. Rackauckas' recent handling of the special grand jury findings may have compromised the integrity of the grand jury process as guaranteed in the United States. I also believe there is a political and self-serving motive for the death of John Chamberlain that has intentionally been ignored by persons in positions of authority. As long as this type of abuse continues without accountability, the rights of non-politically citizens and taxpayers are at serious risk. In sum, POLITICS should never place the protections of those who cannot protect themselves in danger.
It is my sincere hope that one day, someone in the County of Orange or the State of California, will stop history from repeating itself year after year. To date, no one in a position of authority appears to understand the urgency of protecting the guaranteed right to a day in court and fair administration of justice, free from any and all legal conflicts of interest, obstructions of justice, political, religious and self-serving agendas.
My family and I have spoken truths and have acted in the interests of protecting those who cannot protect themselves since 2002. Unfortunately, career, financial and reputation ruin have followed our years of seeking justice because politically connected attorneys and law enforcement officials have never been held accountable for wrongdoing. Despite our attempts to report wrongdoing, it appears that each and every government official, agency or legal advisor, has a reason or excuse to refer us to one agency after another and/or offers an excuse to deny fiducary responsibility to act in the interests of the protections of children, adults and employees, as mandated on all public officials. In closing, please accept my apology if this communication is offensive in any way; however, enough is enough!
Best regards.
Debby Bodkin, Founder
www.catholics4justice.com
cc: Tony Rackauckas, Esq. (email)
OC Board of Supervisors (email)
Governor Arnold Schwarznegger (email)
U.S. Department of Justice (email)
March 9, 2008 17:11
Thank you, Ms. Bodkin!.....
just......thank you.....
March 11, 2008 09:43
at least wait till he's CONVICTED of having child porn......
March 11, 2008 21:58
Has any of the attorneys for the accused murderers of John Derek Chamberlain asked for information based on the emails and fax?????
July 1, 2008 09:11
you kno what sucks? i have to go to county in a month!
July 8, 2008 17:26
I was an inmate in Orange county jail, and i see it, in OCJ, there's a group of Deputy like to go around and beat up other people and there's one time i saw them using a stunk GUn and kill one inmate and act like nothing happend. OCJ and Theo Lacyt is totatly coruption. The only people that know is the inmate..but everyone in there is scared to said anything...We don't deserve to treat like Animals....and FUCK ALL THE Cop...