Sheriff’s failure endangers lives, costs taxpayers

Sheriff Laurie Smith’s incompetence, indifference and defiance continues to cost Santa Clara County taxpayers tens of millions of dollars and endanger jail inmates’ lives.

Smith keeps stalling an agreement to establish a civilian watchdog to audit her office’s law enforcement practices and management of the county jails. The sheriff, acting as if she is above the law, continues to essentially thumb her nose at county supervisors and the community.

She needs to be removed from office — either through the courts or by the voters next year.

Meanwhile, the cases of abusive practices keep mounting.

Six years ago, jail guards fatally beat inmate Michael Tyree, who was bipolar. According to prosecutors, it was punishment for mouthing off to a jail nurse earlier in the evening. The county settled a lawsuit filed by Tyree’s family for $3.6 million. Then, three correctional officers were convicted of second-degree murder. Murder. Committed by guards under Smith’s command.

“This tragic incident has served as a catalyst in our ongoing progressive efforts within our custody bureau,” the sheriff claimed after the 2017 verdict. Instead, the abuse has continued.

In 2018, a mentally ill inmate suffered a severe head injury because of deputies’ inaction. Andrew Hogan was not properly secured in a van as he was being transported by sheriff’s correctional deputies from the Elmwood jail in Milpitas to the psychiatric ward at the San Jose Main Jail. He repeatedly banged his head against the van’s walls, inflicting serious injuries to himself.

Upon arrival, minutes passed before Hogan received attention from jail staff or medical personnel. Doctors were forced to remove part of Hogan’s skull because of brain swelling. Last year, the county approved a $10 million settlement to resolve the case.

In 2019, a mentally ill inmate was rendered a quadriplegic in an incident of alleged deputy inaction. Juan Martin Nunez fell and hit his neck on a concrete slab in his cell. He screamed and said he might be paralyzed. Jail staff allegedly failed to give him medical help, instead lifting him onto his bed, making no effort to stabilize his spine.

Nunez alleges the jail staff waited 24 hours before calling paramedics. Sources familiar with the case believe he could get a payout topping $10 million.

In 2020, deputies did nothing for five minutes while 31 inmates at a Santa Clara County jail beat a man they suspected of being a snitch. Smith took zero responsibility for the incident. “Staff assigned to these posts are often responsible for multi-tasking and conducting other non-supervision duties, which typically occur out of eyesight of those incarcerated,” she said. In other words, inmates are on their own to survive in county jails.

There have been attempts to reform the jails.

In 2016, an independent, civilian-led commission formed in the wake of Tyree’s murder recommended scores of reforms. In 2019 the Board of Supervisors voted unanimously to have the Office of County Law Enforcement Monitoring oversee the day-to-day operation of the jails, audit the investigation of complaints and analyze jail policies.

Smith supported many of the reforms called for by the commission. But she continues to ward off efforts by the supervisors and oversight monitor to implement the most important reforms of providing accountability of jail conditions, law enforcement and use of force by deputies. County officials still do not have access to records in either Hogan’s or Nunez’s case beyond what is in the public record.

The jail mismanagement is only one of Smith’s abuses. In 2020, the sheriff invoked her Fifth Amendment right against self-incrimination when appearing before a grand jury in a pay-to-play concealed weapons investigation involving her own office. That’s right, the county’s top law enforcement official refuses to answer questions under oath about whether she knew about corruption in her own office or was involved in it herself.

And she does so because she doesn’t want to incriminate herself. Smith has a constitutional right to refuse to answer questions in criminal proceedings. But she doesn’t have a right to continue holding her powerful position if she does.

We have on three separate occasions previously called on her to resign. Her behavior cannot be tolerated. The county civil grand jury has had ample opportunity, but failed, to file an accusation of willful or corrupt misconduct in office that would lead to a jury trial to remove her.

So voters need a strong, viable alternative if Smith chooses to seek reelection next year.