CASE OF INTEREST

Date: September 10, 2004

Contact: Supervising Deputy District Attorney Steve Secrest
Prison Crime Prosecution Unit
(916) 874-7312

District Attorney Jan Scully announced today the sentencing of a former Lieutenant with the Department of Corrections for knowingly and intentionally writing false statements in his reports regarding a criminal investigation. On August 9, 2004, after a 4-week trial, a jury found Stephen Luke Scarsella guilty of section 118.1 of the Penal Code, a felony, based upon reports he had submitted after a cell extraction on June 8, 2002, at California State Prison-Sacramento.

Lieutenant Scarsella had alleged in his reports that inmate Mel Edward attempted to hit his hand with the inmate's head and that all he did in response was to push the inmate's head away with an open palm. Five witnesses testified at trial that, in fact, Lieutenant Scarsella had punched the inmate twice in the face. The jury acquitted Lieutenant Scarsella of charges involving the use of excessive force, but found that he lied about not punching the inmate.

Superior Court Judge Cheryl Meegan denied a defense motion by Scarsella's attorney, Paul Goyette, to have the conviction reduced to a misdemeanor. Stephen Scarsella was put on four years felony probation and ordered to serve 90 days county jail, plus pay fines. The Judge did recommend that Scarsella be allowed to serve his sentence on the Sheriff's work project detail. Lieutenant Scarsella had already been terminated from his employment by the Department of Corrections prior to the commencement of the trial.

The prosecutor, Supervising Deputy District Attorney Steve Secrest, stated "It is a sad day for everyone in our justice system when a member of law enforcement gets convicted of a felony, but Lieutenant Scarsella could have avoided all of this by simply telling the truth about his conduct."