CIM inmate's file was ruled illegally obtained by the DA
By Rod Leveque
Staff Writer
RANCHO CUCAMONGA - A judge on Thursday said she is leaning toward removing county prosecutors from the case against an inmate accused of murdering a Chino prison guard.
Judge Ingrid Uhler ruled that the San Bernardino County District Attorney illegally obtained and reviewed Jon Christopher Blaylock's confidential psychological files before filing criminal charges against him. She said she feared the information may have prejudiced prosecutors against Blaylock early in the case, even before they made their decision to seek the death penalty for him.
"They thought they were doing the right thing," Uhler said in court Thursday. "But unfortunately, in my opinion, it was the wrong way of doing it."
Although the judge hinted at her leanings, she assured attorneys she will not make up her mind until after listening to arguments from both sides during a hearing set for June 3 in West Valley Superior Court.
Prosecutors said afterward they are confident the judge will not remove them from the case. Deputy District Attorney Mark Vos said the judge has thus far heard arguments only from Blaylock's lawyers, and he believed she will be swayed after hearing the District Attorney's version.
"The court has not yet seen the evidence and the court has not yet been briefed on the case law," Vos said.
Blaylock, 35, is accused of fatally stabbing Correctional Officer Manuel Gonzalez inside the California Institution for Men in Chino on Jan. 10. San Bernardino County District Attorney Mike Ramos announced he was seeking the death penalty for Blaylock on Feb. 18, the same day criminal charges were filed.
Blaylock's lawyers have accused Ramos' office of bias. They claim Ramos made a rushed and politically motivated decision to seek the death penalty because the victim was a peace officer.
Defense attorneys protested this past month after learning the Department of Corrections had given Blaylock's confidential records to Ramos' staff without an appropriate court order or permission from Blaylock.
Defense attorneys asked the judge to order that the files be returned, that prosecutors provide an accounting of what was done with them and, finally, that prosecutors be tossed from the case for having seen the privileged information.
Prosecutors claimed they needed the records to help them determine, among other things, whether Blaylock is mentally retarded or otherwise unfit for the death penalty.
Uhler took custody of the records earlier this month pending her ruling.
After reviewing the files, the judge on Thursday said the documents appear to be confidential, and she ruled prosecutors obtained them illegally.
The judge then ordered the District Attorney's Office to turn over any handwritten notes taken by anyone who reviewed the files.
She said her common sense told her the information in the files was likely to have prejudiced the District Attorney's Office, although she promised to "keep an open mind."
Deputy Public Defender Joe Canty said the judge's ruling supported his claims of bias.
"We feel this shows the District Attorney is not capable of behaving fairly," he said.
Prosecution of the case would most likely fall to the California Attorney General's Office if county prosecutors are recused.
Blaylock has not yet entered a plea. He will not do so until after the recusal motion is litigated, his lawyers said.
Rod Leveque can be reached by e-mail at r_leveque@dailybulletin.com or by phone at (909) 483-9325.
