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Citizens' police oversight board frustrated by lack of data on jail deaths

The two-page letter raises concerns to Sheriff Kelly Martinez about the "frustrating" attempt to obtain data.
Chula Vista resident Keith Bach's family says jail staff was aware he required insulin three times a day yet did not receive a single dose in a 19-hour period.

SAN DIEGO — San Diego County jails have the highest number of unexplained deaths and also the highest number of accidental deaths compared to every other California county. There's also a high risk of suicide among jail inmates.

But the group tasked with finding out why these in-custody deaths are so disproportionately high -- and how to prevent it -- has hit a roadblock. 

In a letter to be discussed Tuesday, the Citizens' Law Enforcement Review Board says the San Diego County Sheriff's Office has been slow to provide the data it needs to form a prevention plan. 

The two-page letter raises concerns to Sheriff Kelly Martinez about the "frustrating" attempt to obtain data.

CLERB, the oversight board, says despite the Sheriff's Office having the data needed, the Sheriff's are requiring CLERB file public records requests instead. 

In a statement to CBS 8, a Sheriff's spokesperson said CLERB is requesting data containing "confidential, legally protected information."

"The Sheriff’s Office has not withheld data indiscriminately; on the contrary, each California Public Records Act (CPRA) request has been evaluated carefully," Media Relations Director Kimberly King said in a statement. "In cases where information was withheld, these decisions were based on legally identified exemptions."

CLERB Chair MaryAnne Pintar, who signed the letter, detailed the "frustrating battle" to obtain needed data and says the board "has largely been unsuccessful." She says the contractor hired to conduct the study on behalf of CLERB has had multiple requests denied, delayed or provided with incomplete data. The Sheriff's withheld many of the documents and cited a variety of exemptions from state law. 

CLERB then sought CPRA counsel after multiple attempts at requesting Sheriff's cooperation, which racked up a $14,000 bill. 

Pintar also states in the letter under section 340.15 of the County Administrative Code, the Sheriff's staff is supposed to cooperate with CLERB as the group conducts its duties. 

But the Sheriff's Office has a different interpretation of the code. 

"The study does not fall within CLERB's jurisdiction, duties, and responsibilities," King said. "San Diego County Administrative Code section 340.15 does not apply to CLERB's requests for data to perform the study.  Still, our office has been working with CLERB and their contractor to provide legally appropriate information."

The Sheriff's also pointed to one denied request for 12 years worth of data. 

"It's certainly more than data on inmates," King said.

State auditors found 185 people have died in custody between 2006 and 2020 in San Diego County jails. 

Since 2016, San Diego County taxpayers have paid more than $42 million to settle jail-related claims or lawsuits. The largest annual settlement amount came last year. Records obtained by CBS 8 show $17.15 million was awarded to those who were injured or died while in San Diego Sheriff's custody. 

Both CLERB and the Sheriff's Office say they are open to collaboration to meet an agreement.

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