50,000 VOLTS JOLTS DEFENDANT IN OAKLAND

Stun-Belt Was Accidentally Activated, Deputies Say

An Alameda County sheriff's deputy accidentally activated a stun-belt being
worn by a defendant in court, sending 50,000 volts into a man accused of
breaking another deputy's arm, authorities said yesterday.

Brian Tracey Hill was shocked for about eight seconds during jury selection
last week in his Superior Court trial in Oakland, where he is defending
himself against charges that he attacked a deputy last year at Oakland's
North County Jail.

The case comes just two weeks after a Long Beach judge ordered a bailiff to
administer a similar jolt to a belt-wearing defendant because he was
talking too much. That incident has raised concerns by civil libertarians.

Hill has filed a grievance against the Sheriff's Department, accusing
Deputy Bruce Sterling of zapping him on purpose. But sheriff's officials
said the incident was not retaliatory.

``Our investigation has revealed that it was an accident,'' said Captain
Robin Finn, who oversees court services for the department. ``It wasn't
retaliatory or punitive.''

Sterling, a 20-year veteran, set off the stun belt's trigger mechanism when
he leaned over in his chair, activating a remote-control device that was
not outfitted with a safety trigger, Finn said.

``The jurors saw (Hill) fall to the floor,'' Finn said. ``He fell backward
and caught himself with his arm.''

Hill was taken to Highland Hospital in Oakland, where he was treated and
released the same day.

He is being held at North County Jail for the duration of his trial on
charges that he broke Deputy Les Moore's forearm at the jail last year. If
convicted, Hill could face up to 25 years to life under the state's
``three-strikes'' law.

Judge Carl Morris denied Hill's demands for a retrial, and the members of
the jury who witnessed the incident remain on the panel, authorities said.
Stun belts, an alternative to shackling, are used to restrain accused
criminals with a propensity for violence. The devices are worn under
clothing and are not visible to jurors.

Sheriff's officials have sent the transmitter back to Stun Tech Inc. of
Cleveland, which makes the REACT stun belt used in 15 states, so that a
safety trigger can be installed. Newer transmitters come with safety
latches.

The department uses about four other stun belts at North County Jail and
Santa Rita Jail in Dublin, said Deputy Harry Clyde, who trains other
deputies in the use of the stun belts.

Hill allegedly broke the forearm of Deputy Les Moore at North County Jail.
He was charged with battery on a peace officer and assault with a deadly
weapon other than a firearm on a peace officer. In 1994, Hill was convicted
of assault with a deadly weapon, court records show.

Two weeks ago, Ronnie Hawkins was zapped by a bailiff at the order of Long
Beach Municipal Judge Joan Comparet-Cassani, who became angry after Hawkins
repeatedly interrupted her at a sentencing hearing. That case is being
reviewed by the state Commission on Judicial Performance and Amnesty
International.

1998 San Francisco Chronicle Page A13