Corcoran Officer testifies papers forged

[sunkissed]

Officer testifies papers forged
By Jerry Bier
The Fresno Bee
Published 10/03/03 07:50:00

A Corcoran State Prison sergeant testified Thursday that he believes evidence used against him in a criminal trial and now in a civil lawsuit was forged.
Sgt. Robert Allan Decker never gave a reason for his belief but testified he has avoided the officer he believes falsified records that were used against him.

Decker and two other correctional officers, as well as a former medical assistant, are on trial in federal court in a civil-rights case involving allegations by inmate Eddie Webb Dillard that in 1993 he was intentionally placed into the cell of prison rapist Wayne Robertson, known as the "Booty Bandit."

One piece of evidence introduced is an "enemies list" that reports Robertson as someone Dillard did not want to be associated with.

The list would prevent the two men from being placed in a cell together.

Asked by defense lawyer Mark H. Harris whether he thought a correctional counselor had intentionally backdated the document to show Robertson as an enemy after Dillard's alleged rape, Decker responded "yes."

One of Dillard's lawyers, Robert L. Bastian, pursued the questioning, grilling Decker about whether it was the first time he had accused the other officer, identified as Richard Emerson, of deliberately backdating the list.

"Under testimony, yes," Decker said.

Asked whether he had ever confronted Emerson, who testified in Decker's criminal trial four years ago, Decker said, "I avoid speaking with him, if at all possible."

Decker and correctional officers Joe Sanchez and Anthony Sylva are accused of placing Dillard into a cell with Robertson on March 5, 1993, to punish him because he had kicked a female guard at another state prison.

Dillard also has accused former medical assistant Kathy Horton-Plant of an attempted cover-up after he allegedly was raped by Robertson.

Decker, Sanchez, Sylva and one other guard were acquitted following a criminal trial in Kings County four years ago.

Decker never pursued a complaint against Emerson, he said, nor has he ever told the California Department of Corrections that he believed the enemies list document is a forgery.

"I believe it is well known, that is my opinion ... my belief, ... he forged the document and backdated it," said Decker, who completed his testimony Thursday after parts of four days on the witness stand.

The enemies list document, dated Feb. 26, 1993, was signed by Emerson, who testified in the guards' criminal trial that Robertson was well-known to staff as a sexual predator.

In other testimony Thursday, correctional Lt. David G. Nunez said he heard officers joking and laughing about Dillard's allegations and his rape by the 6-foot-2-inch, 220-pound Robertson.

Dillard weighed 118 pounds at the time.

Nunez said about three or four days after Dillard's alleged attack by Robertson, he overheard five or six officers laughing at an off-color remark, a joke about Dillard being sodomized.

He said he believed Sanchez was one of the officers joking about the attack, an allegation Sanchez denied when he testified later.

Nunez said there was ample information available to correctional officers about any prisoner's background, whether he was a staff assaulter or sexual predator or had other problems, and that should have prevented Dillard from being housed with Robertson.

It is also possible that a sergeant could order a cell move and not sign the actual transfer order, Nunez said. Decker testified that he was off duty when Dillard was transferred to Robertson's cell and he never ordered the transfer.

If an inmate is raped or alleges rape, the incident should be reflected in a logbook on the date, Nunez said. Dillard's allegations were not documented until months after the alleged attacks of March 5 and 6, 1993.

The reporter can be reached at jbier@fresnobee.com or 441-6484.




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