Monday, July 10, 2006

Inmates' Suit Targets Attorneys (Daily Bulletin 071006) Men claim Lawyers refused to push their cases to trial...

Inmates' suit targets attorneys
Men claim lawyers refused to push their cases to trial
By Mike Cruz, Staff Writer, Daily Bulletin.
RIVERSIDE - A federal judge has set a hearing for two jail inmates who want $100 million each to compensate for damages they say they suffered at the hands of their attorneys.

In a suit filed in U.S. District Court in Riverside, inmates Sebren Pierce and Leonard Hadley accuse defense attorneys of refusing to take their criminal cases to trial in San Bernardino Superior Court.

One of the attorneys identified in the suit, Wayne Rozenberg, faces criminal charges himself.

In an order dated June 19, district court Magistrate Judge Jeffrey W. Johnson set hearing dates in March for pre-trial matters in the inmates' case.

The suit, filed Sept. 20, names San Bernardino County as a defendant since the court appointed Pierce's and Hadley's attorneys.

The inmates are representing themselves in the matter. Both claim the county violated their constitutional rights to due process, among other things.

Pierce, who was charged with several counts of child molestation in 1998, claims in the suit that a deputy public defender tried to force him to accept a plea bargain, performed an inadequate investigation in his case and refused to allow his case to go to trial to prove his innocence. That attorney eventually left the case, leading to a rotating door-effect that brought in other attorneys who were unable to resolve the case.

Attorney Alan Spears, who currently represents Pierce in his criminal case, said he knew of, but was not involved in, the federal case.

"Mr. Pierce claimed that nobody wanted to do anything on this case," Spears said Wednesday by telephone. "I'm not familiar with all of the lawyers who preceded me. But the case never came to trial (in Superior Court) for a multitude of reasons."

Pierce is expected back in Superior Court at the end of the month.

Hadley, who alleges he was forced to accept a plea bargain on a charge of rape with force, also stated his attorneys refused to take his case to trial. He was given probation in the case, but is back in jail facing charges that he violated terms of his release.

Pierce also alleges that several of his defense attorneys engaged in capping, an illegal practice in which attorneys pay jailed clients to recruit new business from inmates who need representation, he wrote in a supporting declaration.

"This honorable court should not tolerate conduct that strikes at the heart of the constitution, due process of law, and basic fairness," Pierce wrote in his declaration to the court. "What has/is transpiring in plaintiff Pierce's case must not happen again and must be stopped."

Rozenberg, one of the attorneys identified in the suit, currently faces a conspiracy charge stemming from a capping investigation. San Bernardino County prosecutors say Rozenberg had more than 10 inmates recruiting business for him from January 2002 through October 2004, according to Superior Court documents.

Rozenberg declined to comment on the federal suit, citing the charges pending against him. He is scheduled to appear in his case July 19.

In a written response to the federal court, attorneys for the county have denied the accusations made by Pierce and Hadley.

The suit also names Sheriff Gary Penrod.

Hadley, who says he suffers from partial paralysis of the left side of his body, claims sheriff's deputies in the jails cuffed him incorrectly while transporting him to the courthouse in October. During transport, Hadley objected and subsequently fell and injured himself, he wrote in the complaint.

Deputies later denied him medical treatment for more than a week, Hadley claims, and his condition worsened.

In a written response filed in federal court, Deputy County Counsel James H. Thebeau argued that the inmates' suit fails to state a specific claim against the sheriff and the county.

Thebeau wrote the inmates failed to exhaust administrative remedies before bringing suit against the county.

Also, any injuries or damages to the inmates were caused by their own negligence or other persons, Thebeau wrote, adding that the plaintiffs "failed to exercise ordinary care."

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