Schwarzenegger, aides ordered to testify on state prison overcrowding

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Judge rules that the governor, his chief of staff and deputy cabinet secretary will answer questions in depositions next month.

By Michael Rothfeld, Los Angeles Times Staff Writer
August 15, 2008

A federal judge in Sacramento on Thursday ordered that Gov. Arnold Schwarzenegger, his chief of staff and another top aide must answer questions under oath in depositions by lawyers for inmates, in advance of a trial on state prison overcrowding.

U.S. Magistrate Judge John F. Moulds rejected the state's argument that top officials are immune from depositions based on previous court decisions saying that in some cases high-ranking government officials cannot be interviewed about their decision-making processes.

Moulds said that immunity is not absolute and cited other instances in which top officials had been forced to testify. He said that because Schwarzenegger and his two aides had personally been involved in dealing with prison overcrowding, inmates' lawyers "are entitled to inquire about these matters directly of the governor, his deputy cabinet secretary and his chief of staff."

Moulds ordered that Schwarzenegger be deposed Sept. 3 for a maximum of four hours. He ruled that Chief of Staff Susan Kennedy could be deposed Sept. 2 and Deputy Cabinet Secretary Robert Gore on Sept. 4 for a maximum of six hours each.

Related: Q&A: Can California prison receiver get $8 billion for inmate medical care?

By Andy Furillo

Published 12:00 am PDT Friday, August 15, 2008

Federal courts have ruled that prisoners, like this inmate at San Quentin, must have access to basic medical care. In 2005, a judge said an inmate in California died every six or seven days due to medical neglect; a report last year said that number hadn't changed.