CORCORAN CONUNDRUM: WHY IS CORRECTIONS PAYING PRISON GUARDS' LEGAL FEES?

The decision by the California Department of Corrections to pay the legal
fees of the eight prison guards accused by the U.S. Attorney of staging
inmate fights at the state prison at Corcoran is highly unusual. In fact,
the chief lawyer for the department says she could find no evidence that
it's ever been done before by the department.

Unusual doesn't necessarily mean wrong -- but it does mean the state has
aligned itself with employees accused of serious crimes. If those
employees are found guilty, the department's credibility would be
undermined.

The decision to pay legal fees was made by Corrections Department Director
C.A. Terhune with the backing, one assumes, of the Wilson administration.
It comes in the wake of an explosive accusation made by James Maddox,
special agent in charge of the FBI office in Sacramento, who said unnamed
correctional officers and department officials were involved in
"intentional efforts ... to stymie, delay and obstruct [the federal]
inquiry." That accusation, sharply disputed by the department and never
fully explained by Maddox, is now coupled with the department's
eyebrow-raising decision to pay private lawyers to defend prison guards
charged with crimes. That raises obvious questions. Is there a conspiracy
to cover up misconduct at Corcoran? Has it reached the highest levels of
the department?

In fairness both to the officers charged and to the department, Terhune
offers a plausible explanation for his actions. After reviewing the
evidence, Terhune says he believes "these officers acted appropriately."
He points out correctly that correctional officers who guard 156,000 felons
incarcerated in California prisons must make life and death decisions
daily. Terhune fears, reasonably, that guards will be reluctant to use
necessary force -- lethal force, when appropriate -- to protect life if
they fear the department won't back them. "It's important for staff to
know that the department will stand behind them when they do their jobs
correctly," Terhune says.

That's true, but it's equally important for the public to know that the
department will not participate in, tolerate or cover up wrongdoing by its
officers. Department lawyers concede they don't have all the evidence made
available to the federal prosecutors through the grand jury proceedings.
The department has reserved the right to withdraw from the case -- that is,
to stop paying legal bills of accused officers -- if evidence surfaces that
convinces them that crimes have been committed. The department has also
promised to continue to cooperate with federal prosecutors investigating
crimes at Corcoran. It's imperative the department follow through on its
promises.

More than the eight accused officers is on trial here, the integrity of the
Department of Corrections is also on the line. Is anyone in the
Legislature paying attention?