Correction on CMC article

January 26, 2015

cmcCalCoastNews incorrectly listed punishments implemented following an investigation into the removal of a document from a California Men’s Colony (CMC) prisoner’s file in a Jan. 9 article.

In the summer of 2012, an inmate informant began bragging about being an informant. In the past, the informant’s tips about other inmates’ drug use led to multiple busts at CMC.

Because of the inmate’s failure to keep his status as an informant confidential, officials at the prison wanted him removed from the facility for the safety of the prison, Lt. Ray Baez said.

Officials at the prison then removed a 115 rules violation report regarding a drug violation from the inmate’s file before he went in front of the parole board. A 115 usually results in an extended prison term or removal of privileges.

Nevertheless, parole board officials discovered a confidential report describing the drug offense. The prisoner was not paroled and an investigation into the 115 file being removed from the file and those responsible for its removal was initiated.

The investigation included Warden Elvin Valenzuela, Captain Jennifer Core, Officer Oscar Herijld and Lt. Ray Baez, sources said.

Valenzuela did not respond to requests for comment. Jeffrey Callison, the press secretary for the California Department of Corrections and Rehabilitation, confirmed that there had been an investigation into the altering of an inmate’s file.

“In response to your question yesterday, all we can say at this time is that there was an investigation into actions regarding an inmate’s file,” Callison said in an email. “That investigation has been completed and all appropriate actions have been taken. Since this is a personnel matter, there is no further comment that we can make.”

First the Office of Internal Affairs investigated and sustained the allegations of wrong doing. Then the Housing Authority also sustained the allegations including that Baez had failed to inform his superiors about rule violations in the removal of the 115 from the inmate’s file, Baez said. However, Baez was on vacation during a portion of the time in question.

In addition, Baez said the warden had the right to remove a 115 for the safety of the prison.

Baez then requested a Skelly hearing, a procedure that allows an employee to argue against charges after a punishment has been determined but not implemented. During the hearing held late last year, a judge cleared Baez of all charges, Baez said.

Public relations staff with the Department of Corrections and Rehabilitation said that no one has currently been suspended or fired as a result of the investigation.


Loading...

6 Comments

  1. kayaknut says:

    Lets start with first releasing everyone on death row, by completing their sentences.

    (4) 8 Total Votes - 6 up - 2 down
  2. SLOChildrenAtPlay says:

    I’m not sure why this was ever really an issue. Removing a 115 rules violation report from an inmate’s file is equal to a local Sheriff fixing a traffic ticket. A 115 does not affect an inmate’s MERD (maximum expected release date), that is determined by the court when he was sentenced. How many rules violations and what they were for ONLY affects an inmates early release for “good behaviour.” This inmate already had a release date, removing that 115 probably changed his release date by a few months if that. It would have taken longer and been too costly to transfer him to another prison. Cal Coast News needs to take it easy on the witch hunting. They make it sound as if the Warden can release somebody with a life sentence just because he was a snitch. GOOD investigative reporting should be more about the facts than the sensationalism.

    (6) 22 Total Votes - 14 up - 8 down
    • cossack says:

      “GOOD investigative reporting should be more about the facts than the sensationalism.” amen although the mouth breathing room temperature IQ crowd certainly enjoyed it. likely their target audience.

      (0) 0 Total Votes - 0 up - 0 down
  3. achillesheal says:

    So what if the goal was to release him for his safety..haven’t you ever heard of a transfer? What about our safey, Warden?

    (2) 22 Total Votes - 12 up - 10 down
  4. mkaney says:

    Fair enough. Congratulations to CCN for publishing the correction. When you’re looking for wrongdoing there are going to be times when mistakes are made, but that doesn’t mean that if handled correctly, the mission should change.

    (22) 40 Total Votes - 31 up - 9 down
    • r0y says:

      At the very least, it keeps everyone on their toes. I’d rather have that, along with the appropriate mea culpa’s.

      This also works well for the CMC, in that they clarified something that perhaps looked odd to people who do not work in corrections or know the “inside baseball” that was required here.

      (0) 4 Total Votes - 2 up - 2 down

Comments are closed.