Eastern District of California Blog

Inmates Pleads Guilty For Life Without Parole In USP Atwater Killing Case

An inmate at a federal prison in central California has agreed to plead guilty to killing a correctional officer seven years ago to avoid a possible death sentence, federal prosecutors said.

Jose Cabrera Sablan, 47, agreed on Friday to plead guilty to murder in a negotiated agreement that will put him in prison for the rest of his life, U.S. Attorney Ben Wagner in Sacramento said in a statement.

Sablan is currently serving life with a chance of parole. The plea deal "would eliminate the possibility of release," Wagner said.

Fresno Bee, 6/27/15; update:  Sablan was sentenced to life in prison without the possibility of parole on September 29, 2015]

Stone Pleads Guilty After Feds Withdraw Request To Seek Death Penalty In USP Atwater Killing Case

In United States v. Sammy Stone, Attorney General Holder had authorized the government to seek the death penalty in 2012 on Stone's charge of murdering his cellmate at USP Atwater in 2003.  Recently, the defense convinced Holder to deauthorize the case after further information came to light and Stone agreed to a life sentence.  He pled guilty  in Fresno federal court on January 13, 2014.  Stone was represented by defense attorneys Don Knight and AFDs Lexi Negin and Tivon Schardl.

USP Atwater Death Penalty Trial Moved To Southern California

The upcoming trial of an inmate charged with killing a federal correctional officer at the U.S. penitentiary in Atwater has been moved to Southern California, in part because of a highway’s name.

Over the objections of prosecutors, a Nevada judge on Monday agreed to move the long-awaited trial of inmate Joseph Cabrera Sablan from Fresno’s federal courthouse to the Los Angeles area. The soon-to-retire U.S. District Judge Philip M. Pro cited a poll, the local population and pre-trial publicity in granting the defense request for a change of venue.

“The court also finds it reasonable to presume that some potential jurors will be influenced by the fact that a major highway running through the middle of the Fresno division has been named the ‘Correctional Officer Jose V. Rivera Memorial Highway’ in honor of the victim in this case,” Pro noted.

Fresno Bee, 12/23/14

Life Sentence In USP Atwater Killing Case

A man convicted of killing an Atwater correctional officer was sentenced Friday to life in prison, the U.S. Justice Department reported.

James Ninete Leon Guerrero, 48, of Guam, pleaded guilty in March to a single count of murder in U.S. District Court in Fresno for his role in the 2008 death of correctional officer Jose Rivera. U.S. District Judge Phillip Pro accepted the plea agreement in March, allowing Guerrero to avoid the death penalty.

Merced Sun-Star

Jury Trial Set In Atwater Prison Killing Capital Case

The two inmates accused of killing federal correctional officer Jose Rivera at U.S. Penitentiary Atwater are now set to go on trial in July 2014, more than six years after the brutal slaying that was partially captured on prison videotape.

It's a long wait, vexing to some, but not unique. Another accused Atwater prison killer, who prosecutors say murdered his cellmate in 2003, is also awaiting a 2014 trial date.

The long delays reflect, in part, the many complications involved in capital murder cases. In both of the alleged Atwater prison murders, prosecutors are seeking the death penalty.

Fresno Bee, 3/15/13

Read more here: http://www.fresnobee.com/2013/03/15/3215953/trial-set-in-slaying-of-atwater.html#storylink=cpy

Whistleblower Exposes Pervasive Safety Problems At USP Atwater And Other Prisons

An award-winning whistleblower at U.S. Penitentiary Atwater helped expose pervasive safety problems that endangered prison inmates nationwide, a federal investigation reveals.

Prompted by the complaints of Leroy Smith Jr., former safety manager at the Atwater prison, investigators say they uncovered "serious misconduct" that included "carelessness or indifference" to the safety of inmates recycling electronics in multiple federal prisons.

In a sweeping report that was four years in the making, the Justice Department's Office of Inspector General pinpointed "numerous violations of health, safety and environmental laws, regulations and (Bureau of Prisons) policies."

The past problems spelled out in a 1,433-page report and accompanying appendix went well beyond those already well documented at Atwater, located between Modesto and Fresno in California's San Joaquin Valley.

"We also found numerous instances of staff misconduct and performance failures," investigators noted. "These included actions that endangered staff and inmates: dishonesty, dereliction of duty, and theft, among others."

McClathchydc.com, 11/9/10

Fresno Jury Finds Atwater Prison Guard Not Guilty Of Beating Inmate

A federal court jury on Monday in Fresno cleared a former Atwater prison guard of beating an inmate with a flashlight in retribution for throwing urine and feces into a fellow guard's face.

Authorities claimed Eric McEachern, now 35, hit Maximilian Monclova-Chavez twice in the head while he was helpless -- his hands and feet shackled -- and locked in an isolation cell at Atwater's federal penitentiary.

They charged him with violating Monclova-Chavez's civil rights and also for filing a false report in an attempt to cover up the April 2007 incident.

But jurors took just 3 1/2 hours to clear McEachern of the charges. He breathed a sigh of relief as the verdict was read and patted his attorney, E. Marshall Hodgkins, on the back. He had faced the possibility of 30 years in federal prison for hitting Monclova-Chavez.

"The federal government overreached here, and most importantly, decided what the result was before the investigation was complete," Hodgkins said.

Fresno Bee, 6/28/2010

Trial Begins Today For Former Atwater Prison Guard Accused Of Beating Inmate With Flashlight

The jury trial of a former U.S. Penitentiary Atwater corrections lieutenant accused of beating an inmate with a flashlight is scheduled to begin today in Fresno federal court.

Eric McEachern, 35, is charged with one count of violating the civil rights of an inmate and one count of falsifying a report in a federal investigation.

The trial is slated to happen in U.S. District Court, Eastern District of California, in the courtroom of Judge Lawrence J. O'Neill.

Merced Sun-Star, 6/21/10

Just Say No (To Atwater Prison Recommendations)

A series of recent articles highlights the violence and serious problems that have plagued USP Atwater and illustrates why many federal defense attorneys (including me) have long advised their clients not to request judicial recommendations for the AtwaterPenitentiary (the adjacent camp is ok).  See Merced Sun-Star's Officer Death Shines Light On Faulty System and the Los Banos Enterprise's Rally Held For Prison Safety Improvements.   Although a recent column in the Merced Sun-Star, No Shortcuts At Atwater Penitentiary indicates improvements have dramatically improved safety conditions, I remain skeptical.