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By PORAC | January 1, 2001 | Posted in PORAC LDF News

Correctional Officer Cleared of Criminal Charges

Posted by The First Preliminary Hearing

Chamberlain’s ordeal began in March 1999, when he took disciplinary action against a female inmate named Armstrong. Armstrong became angry at Chamberlain and made numerous statements that she was going to file a complaint against him to try to get him fired. Ultimately, Armstrong complained that Chamberlain was involved in a sexual relationship with an inmate named Leslie Tyrer. When department investigators interviewed Tyrer, she stated that she and Chamberlain were in fact involved in a sexual relationship and outlined six separate times and locations were their sexual contact occurred.

Based on the statement of Tyrer, the department immediately put Chamberlain on paid administrative leave. The Yolo County District Attorney’s office then filed a variety of criminal charges against Chamberlain, including six counts of Penal Code §289.6(a) (consensual sex with an inmate) and two counts of Penal Code §136.1(b)(1) (dissuading a witness).

The First Preliminary Hearing: A Preliminary Hearing was first held in Yolo County Superior Court on June 7, 1999. At the hearing, detailed evidence was presented that attacked the credibility of Tyrer. In the course of the investigation, Tyrer had made a number of statements that proved to be absolutely false. For example, she said that during one of her sexual contacts with Chamberlain another correctional officer walked in on them and observed them in the act of having sex.

However, that correctional officer, who had no motive to protect Chamberlain, denied such an event ever occurred. Tyrer stated that she received a Valentine’s Day card from Chamberlain and mailed it to her mother for safekeeping. However, Tyrer’s mother denied ever receiving such a Valentine’s Day card. Tyrer stated that Chamberlain attended one of her court hearings and caused such a disruption that the courtroom bailiffs had to ask Chamberlain to leave.

However, the bailiff denied that such an event ever occurred. Tyrer stated that a Superior Court judge told her that he would dismiss all of the pending charges against her if she cooperated in the Chamberlain investigation. Unfortunately for Tyrer, the judge denied that such a conversation ever occurred. Tyrer made numerous other statements that were proven to be false. In addition, Tyrer had been convicted of a number of prior misdemeanors and felonies and was currently facing a lengthy state prison sentence for forgery.

At all times Chamberlain adamantly denied that he ever had any inappropriate contact with Tyrer. After hearing the evidence, the Superior Court judge dismissed all charges against Chamberlain. At this point, Chamberlain believed that his legal troubles were behind him. Chamberlain said, “At this time, I actually thought the nightmare of facing criminal charges was completely behind me and the department would put me back to work as an officer. I was shocked to learn the department was going to continue to investigate the inmate’s allegations against me.”

Chamberlain’s relief was short-lived in that he and his counsel soon learned that the department was not going to immediately reinstate Chamberlain.

The Department Discovers Greeting Cards: Following the dismissal of criminal charges at the Preliminary Hearing, the department kept Chamberlain on paid administrative leave. After several weeks, Goyette learned the department had discovered some greeting cards in Tyrer’s locker in the jail that appeared to be from Chamberlain. The department submitted the greeting cards to a handwriting expert, James Blanco, who concluded that Chamberlain had signed the cards.

The greeting cards were personal and romantic in nature and contained various types of writing. However, the greeting cards were all signed, “G. Chamb”. Based upon the discovery of the greeting cards and Blanco’s opinion that the greeting cards contained Chamberlain’s handwriting, the District Attorney’s office filed new charges against Chamberlain, again alleging six counts of Penal Code §289.6(g) and two felony counts of Penal Code §136.1(b)(1).

The department then terminated Chamberlain’s employment. Chamberlain was discouraged. “I couldn’t believe that I was going to have to relive this case again”.

The Next Preliminary Hearing: The next preliminary hearing was held on April 14, 2000, and April 17, 2000. The prosecution put on all of its significant evidence including the testimony of Leslie Tyrer and Blanco. Prior to the Preliminary Hearing, Goyette consulted extensively with his own handwriting expert.

The Legal Defense Fund retained Duayne J. Dillon. Dillon concluded that the handwriting on the greeting cards was not that of Chamberlain. Dillon also questioned why a greeting card that was personal and romantic in nature would be signed in such an official way as “G. Chamb”.

At the second Preliminary Hearing, the prosecution put on several witnesses. As expected, Blanco testified that it was his opinion that the greeting cards contained the handwriting of Chamberlain. Tyrer testified extensively about her sexual involvement with Chamberlain. On cross-examination, Tyrer was forced to admit that she had lied extensively during the investigation.

Tyrer offered the questionable explanation that the reason she lied was in some way to protect Chamberlain. Regarding the greeting cards, Tyrer testified that she did not receive the greeting cards from Chamberlain and was not aware as to how they made their way into her locker in the jail.

At the conclusion of the Preliminary Hearing, the judge dismissed the felony charges against Chamberlain for dissuading a witness (Penal Code §136.1(b)(1). However, the judge reluctantly held Chamberlain to answer the remaining misdemeanor charges that he had sex with Tyrer. Chamberlain said, “At this point, I felt we were winning this case at every step. I was disappointed the entire case was not dismissed outright, but I was sure in the long run we would prevail.”

And prevail he did. After the Preliminary Hearing, Chamberlain and Goyette appeared before another judge for the setting of a trial. In addition, a new deputy district attorney was assigned to the case. Goyette had extensive discussions with the new DA and the judge who would serve as the trial judge.

After significant encouragement from the judge, the DA dismissed all remaining charges against Chamberlain. “I believed the charges against Chamberlain were absolutely false”, stated Goyette. “This case is a perfect example of how law enforcement officers are held to an unfairly high standard when they come under criminal investigation. Most of the prosecution’s evidence was simply the allegations of inmate Leslie Tyrer.

Inmate Tyrer was one of the least believable witnesses I have ever seen in my career. Yet apparently, she was good enough for the prosecution.”

As of the writing of this article, Chamberlain has appealed his termination and intends to return to work if all goes well at this administrative hearing.