SAN QUENTIN DEATH ROW OVERDOSE CASE CLOSED; HEROIN SOURCE UNKNOWN

More than a month after a death row inmate died of a heroin overdose, San
Quentin State Prison officials closed the investigation without determining
how the drugs got into the facility's highest security area.

"I don't think we will find out," prison spokesman Eric Messick said
Tuesday. "We feel that we already do as much as we are allowed to do to
stem the flow of contraband into the institution."

Nicholas Rodriguez, 27, was the first death row inmate in California known
to die of a drug overdose.

Messick confirmed earlier reports that Rodriguez's July 10 death was
unintentional.

No suicide note was found, and along with a spoon and syringe, extra heroin
was uncovered during a search of his cell, Messick said. "That really
suggests an accident because he was planning on having more fun later," he
said.

Rodriguez, who prison officials said had a history of drug abuse before
prison, was last seen alive at a 5 a.m. head count, Messick said. He was
found unresponsive two hours later and was declared dead within about 20
minutes. The 5-foot-7-inch, 120-pound inmate was in good physical health
and did not appear to be a regular intravenous drug user, Messick said,
adding he had no visible track marks.

Rodriguez's cause of death was "respiratory failure due to acute drug
toxicity," he said. The amount of morphine, or metabolized heroin, found in
his system was .65 milligrams per liter. The potentially toxic range is .1
to 1.0 milligrams per liter, according to the coroner's office.

Prison investigators searched Rodriguez's belongings, interviewed other
inmates, reviewed phone logs and analyzed visitor records.

Other than being fairly certain Rodriguez didn't get the heroin from one of
his visitors, officials don't have any leads.

"We have nothing conclusive," Messick said.

While drugs in California's prisons are not uncommon, they're less
prevalent on death row. The 644 inmates use their own exercise yard, and
they're not allowed to mix with the general prison population, although
some outside inmates do hold clerk and laundry jobs on death row, Messick said.

Throughout San Quentin in 2003, the latest year for which figures are
available, just 30 incidents involving controlled substances were reported.

Most death row inmates can see visitors on weekends, but anyone from
outside the prison is searched before coming in, and even pencils are not
permitted. Inmates are strip-searched before and after every visit.

Care packages are carefully vetted. Friends and family members can only
send prepackaged goods from approved vendors, which pack and deliver the
shipments to San Quentin.

Messick said the easiest way for inmates to get illegal drugs is to swallow
a small pouch, then regurgitate it later.

"We have no way of checking that," he said, adding that only inmates with
money can afford drugs. Since the July 1 ban of all tobacco products, the
going price for a pouch of tobacco is about the same as heroin: $80.