CORRECTIONAL OFFICER
CLEARED OF CRIMINAL CHARGES
Yolo County Superior
Court Judge William S. Lebov recently dismissed criminal charges against
Yolo County Correctional Officer Gary Chamberlain. The dismissal of
criminal charges against Chamberlain should mark the end of 1 ½ year
long legal battle with the Yolo County District Attorney’s office.
Chamberlain is now hoping to return to work for the department as soon
as possible. He is represented by Paul Q. Goyette, of Goyette &
Adams.
Chamberlain’s ordeal
began in March 1999, when he took disciplinary action against a female
inmate named Armstrong. Armstrong became angry at Chamberlain and made
numerous statements that she was going to file a complaint against him
to try to get him fired. Ultimately, Armstrong complained that
Chamberlain was involved in a sexual relationship with an inmate named
Leslie Tyrer. When department investigators interviewed Tyrer, she
stated that she and Chamberlain were in fact involved in a sexual
relationship and outlined six separate times and locations were their
sexual contact occurred.
Based on the statement of
Tyrer, the department immediately put Chamberlain on paid administrative
leave. The Yolo County District Attorney’s office then filed a variety
of criminal charges against Chamberlain, including six counts of Penal
Code §289.6(a) (consensual sex with an inmate) and two counts of Penal
Code §136.1(b)(1) (dissuading a witness).
THE FIRST PRELIMINARY
HEARING: A Preliminary Hearing
was first held in Yolo County Superior Court on June 7, 1999. At the
hearing, detailed evidence was presented that attacked the credibility
of Tyrer. In the course of the investigation, Tyrer had made a number of
statements that proved to be absolutely false. For example, she said
that during one of her sexual contacts with Chamberlain another
correctional officer walked in on them and observed them in the act of
having sex. However, that correctional officer, who had no motive to
protect Chamberlain, denied such an event ever occurred. Tyrer stated
that she received a Valentine’s Day card from Chamberlain and mailed
it to her mother for safekeeping. However, Tyrer’s mother denied ever
receiving such a Valentine’s Day card. Tyrer stated that Chamberlain
attended one of her court hearings and caused such a disruption that the
courtroom bailiffs had to ask Chamberlain to leave. However, the bailiff
denied that such an event ever occurred. Tyrer stated that a Superior
Court judge told her that he would dismiss all of the pending charges
against her if she cooperated in the Chamberlain investigation.
Unfortunately for Tyrer, the judge denied that such a conversation ever
occurred. Tyrer made numerous other statements that were proven to be
false. In addition, Tyrer had been convicted of a number of prior
misdemeanors and felonies and was currently facing a lengthy state
prison sentence for forgery.
At all times Chamberlain
adamantly denied that he ever had any inappropriate contact with Tyrer.
After hearing the evidence, the Superior Court judge dismissed all
charges against Chamberlain. At this point, Chamberlain believed that
his legal troubles were behind him. Chamberlain said, "At this
time, I actually thought the nightmare of facing criminal charges was
completely behind me and the department would put me back to work as an
officer. I was shocked to learn the department was going to continue to
investigate the inmate’s allegations against me."
Chamberlain’s relief
was short-lived in that he and his counsel soon learned that the
department was not going to immediately reinstate Chamberlain.
THE DEPARTMENT
DISCOVERS GREETING CARDS: Following
the dismissal of criminal charges at the Preliminary Hearing, the
department kept Chamberlain on paid administrative leave. After several
weeks, Goyette learned the department had discovered some greeting cards
in Tyrer’s locker in the jail that appeared to be from Chamberlain.
The department submitted the greeting cards to handwriting expert, James
Blanco, who concluded that Chamberlain had signed the cards. The
greeting cards were personal and romantic in nature and contained
various types of writing. However, the greeting cards were all signed,
"G. Chamb". Based upon the discovery of the greeting cards and
Blanco’s opinion that the greeting cards contained Chamberlain’s
handwriting, the District Attorney’s office filed new charges against
Chamberlain, again alleging six counts of Penal Code §289.6(g) and two
felony counts of Penal Code §136.1(b)(1). The department then
terminated Chamberlain’s employment. Chamberlain was discouraged.
"I couldn’t believe that I was going to have to relive this case
again".
THE NEXT PRELIMINARY
HEARING: The next preliminary
hearing was held on April 14, 2000 and April 17, 2000. The prosecution
put on all of its significant evidence including the testimony of Leslie
Tyrer and Blanco. Prior to the Preliminary Hearing, Goyette consulted
extensively with his own handwriting expert. The Legal Defense Fund
retained Duayne J. Dillon. Dillon concluded that the handwriting on the
greeting cards was not that of Chamberlain. Dillon also questioned why a
greeting card that was personal and romantic in nature would be signed
in such an official way as "G. Chamb".
At the second Preliminary
Hearing, the prosecution put on several witnesses. As expected, Blanco
testified that it was his opinion that the greeting cards contained the
handwriting of Chamberlain. Tyrer testified extensively about her sexual
involvement with Chamberlain. On cross examination, Tyrer was forced to
admit that she had lied extensively during the investigation. Tyrer
offered the questionable explanation that the reason she lied was in
some way to protect Chamberlain. Regarding the greeting cards, Tyrer
testified that she did not receive the greeting cards from
Chamberlain and was not aware as to how they made their way into her
locker in the jail.
At the conclusion of the
Preliminary Hearing, the judge dismissed the felony charges against
Chamberlain for dissuading a witness (Penal Code §136.1(b)(1). However,
the judge reluctantly held Chamberlain to answer the remaining
misdemeanor charges that he had sex with Tyrer. Chamberlain said,
"At this point I felt we were winning this case at every step. I
was disappointed the entire case was not dismissed outright, but I was
sure in the long run we would prevail."
And prevail he did. After
the Preliminary Hearing, Chamberlain and Goyette appeared before another
judge for the setting of a trial. In addition, a new deputy district
attorney was assigned to the case. Goyette had extensive discussions
with the new DA and the judge who would serve as the trial judge. After
significant encouragement from the judge, the DA dismissed all remaining
charges against Chamberlain. "I believed the charges against
Chamberlain were absolutely false", stated Goyette. "This case
is a perfect example of how law enforcement officers are held to an
unfairly high standard when they come under criminal investigation. Most
of the prosecution’s evidence was simply the allegations of inmate
Leslie Tyrer. Inmate Tyrer was one of the least believable witnesses I
have ever seen in my career. Yet apparently, she was good enough for the
prosecution."
As of the writing of this
article, Chamberlain has appealed his termination and intends to return
to work if all goes well at this administrative hearing.
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