CASE OF INTEREST

Date: August 9, 2004

Case: People v. Stephen Luke Scarsella

Contact: Steve Secrest, (916) 874-7312

District Attorney Jan Scully announced today the conviction of a former California Department of Corrections Lieutenant, Stephen Scarsella, after a four-week jury trial.  Scarsella, age 49, was convicted of a violation of Penal Code section 118.1, filing a false report regarding a crime.  Lt. Scarsella and Sgt. Richard Saunders were both indicted on March 4, 2003 for false report, and. Scarsella was also indicted on two assault counts: battery by a peace officer under color of authority and assault by means of force likely to produce great bodily injury. 

The case arose from an incident on June 8, 2002 at California State Prison-Sacramento.  During a cell extraction of an inmate, Lt. Scarsella was alleged to have dragged the inmate, Mel Edward, by his leg chains partially down a stairway, and then punched him two times in the face.  Both officers wrote reports stating the inmate attempted to “bang his head against Lt. Scarsella’s right hand” and that “Lt. Scarsella avoided the contact, and utilized the palm of his hand and pushed Edward’s head and neck down and away from him.”  At trial, five correctional officers, including a Sergeant, testified they witnessed Lt. Scarsella throw two closed fist punches at the inmate’s head.  Several officers also testified that due to a “code of silence” within the Department of Corrections, they had been called a “rat” and ostracized by co-workers.  In special findings, the jury found that the inmate either tried to hit Scarsella’s hand with his head or that the Lieutenant was reasonable in believing that the inmate was trying to hit his hand, but the jury found Scarsella’s statement that he pushed the inmate’s head with an open palm to be false.  The jury acquitted Scarsella on the assault charges.

Supervising Deputy District Attorney Steve Secrest stated the verdicts send a clear message that while correctional officers may use reasonable force in dealing with violent inmates, they must tell the truth about their actions because the “code of silence” will not protect them.

Sergeant Richard Saunders had previously plead guilty to a misdemeanor count of 118.1 P.C. and was sentenced to informal probation and community service.  Stephen Scarsella, who had already been fired by the Department of Corrections, faces sentencing September 10, 2004 at 9 am. in Department 18 of the Superior Court.