Pubdate: Wed, 09 Jul 2014
Source: San Diego Union Tribune (CA)
Copyright: 2014 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

JUSTICE DEPARTMENT'S REPORT CITES ERRORS IN DEA DETENTION

Student Who Nearly Died in Holding Cell Got $4.1 Million

Four federal drug agents saw or heard Daniel Chong during the five 
days he was handcuffed in a holding cell without food or water after 
a 2012 narcotics sweep, a U.S. Department of Justice report released 
on Tuesday found.

The agents did nothing because they assumed someone else was 
responsible for the detainee, and because there was no training for 
agents on how to track and monitor wards at the Kearny Mesa detention 
center, the report found.

Drug Enforcement Administration supervisors also compromised any 
potential criminal prosecution of the agents at fault by responding 
improperly to the case, in which charges were never filed, the 
Justice Department's Office of Inspector General said.

Chong, a University of California San Diego student who later won 
$4.1 million in a legal claim against the DEA, was caught up in an 
April 2012 drug sweep but never charged with a crime.

The case made international news, as Chong came forward with his 
account of how he drank his own urine and tried to eat his broken 
eyeglasses during his unthinkable ordeal.

In an executive summary of its report, issued Tuesday, the Office of 
Inspector General said it intervened in response to a tip that the 
local DEA office was trying to contain the matter in San Diego, 
counter to protocols.

The three-page summary rebukes the San Diego office for beginning to 
investigate the matter on its own - using at least two agents who 
were involved in the neglect of Chong and therefore had a direct 
conflict of interest.

Managers in the DEA's San Diego field division violated policies and 
"showed poor judgment" by initiating such an investigation without 
approval, the Inspector General's Office found.

"The OIG investigation identified several systemic deficiencies in 
the operation of the detention area that caused Chong's improper 
detention," the summary states.

Chong was a 24-year-old engineering student when he was caught up in 
the drug sweep by a DEA task force two years ago.

On the morning of April 21, 2012, Chong was detained with six other 
suspects and transported to the DEA field office, where agents 
determined that he was not involved in the ecstasy ring that was 
under investigation.

A self-confessed pot smoker, Chong told investigators he had gone to 
the University City apartment that Friday night to celebrate April 20 
- - a notable day for marijuana users - and spent the night.

After being interviewed at the DEA field office Saturday, agents told 
Chong he would be released without charges and driven home soon.

But agents forgot about him, and Chong spent 41/2 days inside the 
5-by-10-foot cell without food, water or a toilet. He said his 
screams for help went unanswered.

Chong was discovered near death on Wednesday afternoon. Agents called 
911, and he was rushed to a hospital. Chong spent four days in the 
hospital for multiple conditions but has since recovered.

Days after U-T Watchdog broke the story of Chong's plight, the DEA 
field office took the near-unprecedented step of issuing a public 
apology to Chong. The student nonetheless filed a claim for $20 
million in damages.

Last year, the U.S. government agreed to pay $4.1 million to Chong. 
Part of the settlement included provisions that the DEA improve care 
of detainees.

The DEA declined to discuss the findings on Tuesday, but issued a 
statement saying the agency "remains deeply troubled by the 
unfortunate incident" and noted it has adopted new practices.

"These procedures closely mirror the OIG's recent recommendations and 
include routinely inspecting holding cells, assigning an agent or 
task force officer to the holding area and maintaining an occupancy 
ledger for holding cells," the statement said. "The DEA is confident 
that these measures will help to prevent similar incidents in the future."

The Inspector General Office's summary said three case agents - one 
DEA employee and two task force officers - were responsible for 
making sure Chong was properly processed but failed.

"Their failure to ensure that Chong was released from custody after 
deciding that he would not be charged resulted in Chong's unjustified 
incarceration from April 21 to April 25, and his need for significant 
medical treatment," the summary states.

The review also cited a DEA supervisor for placing two of the agents 
involved in Chong's detention in charge of the investigation into 
what happened.

"This action was contrary to Department of Justice and DEA policy, 
resulted in a delay of the OIG's investigation, and could have caused 
harm to a potential criminal prosecution," the summary said.

No criminal charges were filed against DEA agents, a decision the 
Inspector General's Office said was reasonable after considering all 
of the facts related to the case.

The DEA would not say whether anyone was fired or disciplined as a 
result of the incident.

"This issue remains an ongoing internal disciplinary matter, and we 
cannot comment any further," a follow-up statement from the San Diego 
field office said.

The government did not release a complete report.

"We released this summary, and expect to do so in other appropriate 
cases, in the interest of enhancing transparency in administrative 
matters, consistent with privacy considerations," the Department of 
Justice said in a statement.

U-T Watchdog on Tuesday filed a request under the U.S. Freedom of 
Information Act for a copy of the full report, including attachments 
and exhibits.

According to the Inspector General Office's summary, the San Diego 
field office had no record-keeping method to track detainees and 
lacked any policy or training regarding the operation of the holding 
cell area. Chong found methamphetamine inside the holding cell and 
ingested it, the report noted.

Eugene Iredale, the San Diego lawyer who negotiated the $4.1 million 
settlement with the government, said he was grateful for the 
independent review but regretted the full report was not released.

"I do want to give them the props they deserve for the investigation 
and the changes, and they've apparently made these changes on a 
national basis," Iredale said. "But what confidence can we have in 
the summary if we do not have the entire report?"

Iredale said he spoke to Chong, now 26, a few days ago, and his 
client is doing well and remains in San Diego County. Chong may 
schedule a news conference today to respond to the findings.
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MAP posted-by: Jay Bergstrom