A Youth Authority investigation confirmed that assessment, and the CYA asked the San Joaquin County district attorney to file criminal charges. He declined, saying he did not believe the behavior had risen to the level of criminal assault.
D.A. Unyielding
On Thursday, Romero asked prosecutors to reconsider that decision. But Jim Willett, assistant district attorney, said that would not happen.
"We made our review based on all of the evidence, not just material on the videotape," Willett said. "And based on all of the evidence, we concluded there is no reasonable likelihood of conviction."
The matter now rests with Lockyer. Under a long-standing policy, the attorney general is reviewing the case only to determine whether local prosecutors abused their discretion in choosing not to file charges.
To aid its review, the attorney general's office has asked technicians to enhance parts of the tape. Among the details being sought through enhancements are what triggered the fight inside the office; whether Berry's kick actually struck Baker's face; and at what point the pepper-spray shots were fired.
Romero said Lockyer needed to play a more active role in cases of prisoner abuse. She said she plans to introduce legislation that would compel the attorney general to file charges in such instances if the evidence could sustain a conviction.
Meanwhile, a representative of the prison guards' union, which represents the counselors, called it premature of Romero to release the tape and said the employees had been acting in self-defense.
"I don't think anyone has any idea of the violence we face," said David Darchuk, who is the chapter president of the California Correctional Peace Officers Assn. at Chaderjian.
The six employees in the case remain on paid administrative leave. While the CYA's criminal investigation is concluded, an internal disciplinary probe continues. It could lead to sanctions as severe as firing.
