sunkissed
10-01-2003, 11:28 PM
Ex-Corcoran inmate testifies to attack in cell
By Jerry Bier
The Fresno Bee
Published 10/01/03 12:29:00
A former Corcoran State Prison inmate who fought off an attack by sexual predator Wayne Robertson testified Tuesday that he protested being placed in the cell with Robertson, but never told correctional officers the reason why.
"That's snitching. ... it's not my position to say, especially to a correctional officer," said inmate Lawrence Johnson, who is serving a "Three Strikes" sentence of 31 years to life for attempted rape.
Johnson said inmates were well aware of Robertson's reputation as a prison rapist and predator and that is the reason he protested to Sgt. Robert Allan Decker before being placed into a cell with him at Corcoran in 1993.
Decker, along with guards Joe Sanchez and Anthony Sylva, are accused of deliberately placing inmate Eddie Webb Dillard into a cell with Robertson to punish him because he had kicked a female guard at another state prison.
Dillard's civil trial against the guards and former medical assistant Kathy Horton-Plant resumed Tuesday with the testimony of Johnson and another inmate, Oliver Coleman, serving seven years to life for kidnapping and robbery.
Johnson, answering questions from Dillard's lawyer, Marina R. Dini, said he protested to Decker that he and Robertson weren't compatible when he was ordered moved into Robertson's cell in the secured housing unit.
"I knew his history, his M.O.," Johnson said.
Decker did not heed his protests, Johnson said, and he went to Robertson's cell and was told by the 6-foot-3, 220-pound Robertson that "if I come in there, I come in at my own risk."
Lawyers for the officers objected to the testimony about Robertson's warning, and U.S. District Judge Anthony W. Ishii ordered the jury to disregard the statement.
The judge also prevented testimony from Coleman that he didn't tell guards about Robertson's reputation because that would label him a "snitch," and in a prison, a snitch could wind up injured or dead.
Robertson did attack him, but he was able to fight him off and suffered a "busted lip and black eye." He never told officers about the fight, he said, and was transferred out of Robertson's cell a couple of days later.
Robertson, who admitted he raped Dillard when he testified at the guards' criminal trial four years ago, last week testified in the civil trial that the alleged rape was a scheme that he and Dillard made up. The guards were acquitted in the criminal trial.
Coleman testified that he saw Dillard run from Robertson's cell after the alleged rape.
"All I know is the man came out of the cell hollering he was raped," Coleman said.
He said he later was placed into a cell with Robertson and asked him "what happened to the little youngster?" Dillard was 5-foot-7, 118 pounds.
Robertson responded something to the effect that "one thing led to another," Coleman testified.
Asked by lawyer Katherine L. Hart, representing Decker, whether he had any problems with Robertson, Coleman replied, "not at all."
In testimony later Tuesday, Decker said that when he answered questions in the civil case in 1995 and stated he knew Dillard had been sexually assaulted by Robertson in March 1993, he actually was thinking of an alleged assault of another inmate that took place three months later.
Decker underwent intense questioning by another Dillard lawyer, Robert L. Bastian, about cell transfers he had ordered in the secured housing unit and whether he should have known that Dillard had placed Robertson on his "enemies list," meaning he did not want to be in a cell with him.
The reporter can be reached at jbier@fresnobee.com or 441-6484.
By Jerry Bier
The Fresno Bee
Published 10/01/03 12:29:00
A former Corcoran State Prison inmate who fought off an attack by sexual predator Wayne Robertson testified Tuesday that he protested being placed in the cell with Robertson, but never told correctional officers the reason why.
"That's snitching. ... it's not my position to say, especially to a correctional officer," said inmate Lawrence Johnson, who is serving a "Three Strikes" sentence of 31 years to life for attempted rape.
Johnson said inmates were well aware of Robertson's reputation as a prison rapist and predator and that is the reason he protested to Sgt. Robert Allan Decker before being placed into a cell with him at Corcoran in 1993.
Decker, along with guards Joe Sanchez and Anthony Sylva, are accused of deliberately placing inmate Eddie Webb Dillard into a cell with Robertson to punish him because he had kicked a female guard at another state prison.
Dillard's civil trial against the guards and former medical assistant Kathy Horton-Plant resumed Tuesday with the testimony of Johnson and another inmate, Oliver Coleman, serving seven years to life for kidnapping and robbery.
Johnson, answering questions from Dillard's lawyer, Marina R. Dini, said he protested to Decker that he and Robertson weren't compatible when he was ordered moved into Robertson's cell in the secured housing unit.
"I knew his history, his M.O.," Johnson said.
Decker did not heed his protests, Johnson said, and he went to Robertson's cell and was told by the 6-foot-3, 220-pound Robertson that "if I come in there, I come in at my own risk."
Lawyers for the officers objected to the testimony about Robertson's warning, and U.S. District Judge Anthony W. Ishii ordered the jury to disregard the statement.
The judge also prevented testimony from Coleman that he didn't tell guards about Robertson's reputation because that would label him a "snitch," and in a prison, a snitch could wind up injured or dead.
Robertson did attack him, but he was able to fight him off and suffered a "busted lip and black eye." He never told officers about the fight, he said, and was transferred out of Robertson's cell a couple of days later.
Robertson, who admitted he raped Dillard when he testified at the guards' criminal trial four years ago, last week testified in the civil trial that the alleged rape was a scheme that he and Dillard made up. The guards were acquitted in the criminal trial.
Coleman testified that he saw Dillard run from Robertson's cell after the alleged rape.
"All I know is the man came out of the cell hollering he was raped," Coleman said.
He said he later was placed into a cell with Robertson and asked him "what happened to the little youngster?" Dillard was 5-foot-7, 118 pounds.
Robertson responded something to the effect that "one thing led to another," Coleman testified.
Asked by lawyer Katherine L. Hart, representing Decker, whether he had any problems with Robertson, Coleman replied, "not at all."
In testimony later Tuesday, Decker said that when he answered questions in the civil case in 1995 and stated he knew Dillard had been sexually assaulted by Robertson in March 1993, he actually was thinking of an alleged assault of another inmate that took place three months later.
Decker underwent intense questioning by another Dillard lawyer, Robert L. Bastian, about cell transfers he had ordered in the secured housing unit and whether he should have known that Dillard had placed Robertson on his "enemies list," meaning he did not want to be in a cell with him.
The reporter can be reached at jbier@fresnobee.com or 441-6484.