Pubdate: Thu, 03 May 2012
Source: San Diego Union Tribune (CA)
Copyright: 2012 Union-Tribune Publishing Co.
Contact:  http://www.utsandiego.com/
Details: http://www.mapinc.org/media/386
Note: Seldom prints LTEs from outside it's circulation area.
Author: Jeff McDonald

DEA DETAINEE FILES $20M CLAIM VS. U.S.

The top federal drug agent in San Diego issued an apology Wednesday 
to the UC San Diego student left for days in a cell without food or 
water, even as federal lawmakers began demanding answers and the 
detainee filed a $20 million claim against the U.S. government.

The five-page negligence filing obtained by The Watchdog states that 
Daniel Chong, 23, nearly died as a result of the ordeal. It calls on 
all federal agencies to preserve any evidence related to the case, 
including video, interview notes and reports.

"The deprivation of food and water for four and one-half days while 
the person is handcuffed the entire time constitutes torture under 
both international and domestic law," the claim says.

Earlier in the day, the Drug Enforcement Administration apology came 
from the field office in Kearny Mesa, where Chong was transported 
April 21 after being picked up in a drug sweep near campus earlier that day.

It consisted of three sentences attributed to acting Special Agent in 
charge William R. Sherman. The statement was not provided directly to 
Chong or to his attorney.

"I am deeply troubled by the incident that occurred here last week," 
the statement said. "I extend my deepest apologies to the young man 
and want to express that this event is not indicative of the high 
standards that I hold my employees to. I have personally ordered an 
extensive review of our policies and procedures."

Chong's ordeal came to light Monday, when the DEA issued a statement 
in response to questions from The Watchdog. The statement said the 
man was "accidentally" left in a cell for an unspecified period of 
time, then paramedics were called. The Watchdog learned of the 
five-day window by obtaining details of the medical call from San 
Diego Fire-Rescue.

The harrowing case has been reported by media across the nation and 
in some foreign countries. Also on Wednesday, it began drawing 
attention from federal lawmakers.

Rep. Darrell Issa, the Vista Republican who chairs the House 
Oversight and Government Reform Committee, said he plans to seek 
answers about what went wrong.

"Chairman Issa and the Oversight Committee will be asking the DEA for 
an explanation of this outrageous incident," spokesman Frederick Hill 
said in statement.

Sen. Barbara Boxer, D-Calif., sent a letter to Attorney General Eric 
Holder requesting an investigation.

"After the investigation is completed, I ask that you please provide 
me with the results and the actions the department will take to make 
sure those responsible are held accountable and that no one in DEA 
custody will ever again be forced to endure such treatment," Boxer wrote.

At a news conference Tuesday, Chong described the effects of being 
left inside a five-by-10-foot cell without food, water or a toilet 
for days on end.

He became badly dehydrated and began hallucinating after two days, 
Chong said. At one point he broke his glasses and used the shards to 
scratch an apology to his mother on his arm.

Chong also said he was forced to drink his own urine to stay alive. 
He said he repeatedly kicked the door and screamed in an attempt to 
get the attention of agents working in the office, to no avail.

"I heard them around me," Chong said at the news conference. "Every 
door opening around me."

Chong was discovered on Wednesday, April 25, and rushed to a 
hospital, where he was treated for a perforated lung, possible kidney 
failure and other illnesses. He spent five days in the hospital 
before being released Sunday.

Eugene Iredale, Chong's attorney, said the apology was not sent to 
his office or to his client.

"Better late than never," he said. "I saw it in the press. It wasn't 
proferred to me personally and apparently there was no attempt to get 
it to Mr. Chong."
- ---
MAP posted-by: Jay Bergstrom