Pubdate: Wed, 3 Feb 1999 Source: San Jose Mercury News (CA) Copyright: 1999 Mercury Center Contact: http://www.sjmercury.com/ UNLIKE LUNGREN, LOCKYER WILL TARGET ABUSE IN PRISONS GOOD news from Sacramento: Bill Lockyer, the new attorney general, has signaled he'll be tough on crimes that his conservative predecessor, Dan Lungren, wouldn't touch -- those committed by guards inside the state prisons. Lockyer said this week he'll create a unit in his office to investigate serious allegations of abuse of prisoners by guards. Its first order of business will be the five fatal shootings and 19 other incidents resulting in injuries to inmates at Corcoran State Prison that a state panel last fall determined were unjustified. Lockyer's promise contrasts with Lungren's inaction. From 1989 to last year, guards killed three dozen inmates in California prisons, a number that exceeded that of all other state and federal prisons combined. Many of the prisoners, though unarmed, were shot under a shoot-first policy of ending fights; some were provoked into combat for the guards' pleasure, like gladiators in a Roman circus. Lungren's office had a hands-off policy. Only after the Los Angeles Times reported on the deaths did he launch an investigation, and then only into one incident. Lungren said he didn't want to overlap with the work of a federal grand jury, which by then had begun a broad investigation that resulted in numerous criminal indictments. The attorney general's office investigation ended with none. The 28,000-member California Correctional Peace Officers Association closed ranks and squelched internal Department of Corrections inquiries. Its restrictions on guards' testimony assured a whitewash. The association had contributed $1.5 million to Gov. Pete Wilson's campaigns and backed Lungren for attorney general in 1994, although not his run for governor last year. But the union has nothing to gain from defending a minority of thugs whose brutality has badly tarnished its image, so it may be coming around. A union spokesman endorsed Lockyer's proposal as a fairer alternative to internal Corrections investigations or to federal investigations, which he characterized as politicized. A prison rights group also is backing Lockyer's plan, as is thedistrict attorneys' association. Investigating abuse in prisons in their counties had fallen to the DAs by default; most will be happy to pass the burden to the attorney general. The use of deadly force in the state's prisons has declined dramatically since Cal Terhune became director of Corrections two years ago and instituted non-lethal methods of control. The Legislature also gave him $190 million in new prison spending, including more money for ombudsmen and training for guards. The Legislature also created an Office of Inspector General, with separate authority to oversee the prisons. Its independence will be critical to hold Corrections officials accountable and provide a buffer from union pressure. But the inspector general is not a prosecutor and can't substitute for vigorous work by the Department of Justice. By designating staff to pursue allegations, Lockyer is signaling that charges of misconduct by prison officials finally will be taken seriously. - --- MAP posted-by: Joel W. Johnson