An Orange County Superior Court judge Friday ruled that one of the three inmates who brazenly broke out of Orange County Jail in 2016 can continue to have more legal documents in his cell than other inmates.
County attorney Annie Loo, representing the Orange County Sheriff’s Department, objected to allowing 39-year-old Hossein Nayeri more legal documents to assist in his defense. Loo argued that the papers can be used to obstruct the views of deputies or to hide contraband and weapons or to plug up toilets.
Orange County Superior Court Judge Gregg Prickett, however, noted that if Nayeri tried to use the legal papers to obstruct the view of deputies then they could just remove it.
“They could rip it down and he can’t complain about destruction” of documents, Prickett said.
Sheriff’s officials are especially concerned about Nayeri because of his role in a Jan. 22, 2016, breakout in which he got his hands on a backpack full of tools used to aid the escape. Nayeri used a contraband phone in jail to make a video about the jailbreak that was released to the media in July of last year.
When shown a photo of Nayeri’s jail cell, Prickett noted how “orderly” the stacks of papers were.
Nayeri’s attorney, Sal Ciulla, said his client only gets out for about 45 minutes a day and is confined to a cell by himself.
“He’s under direct supervision 24-7,” Ciulla said.
Loo argued that jail policy limits inmates to two “accordion files” of legal documents, and the inmates who are representing themselves without an attorney are allowed six of the same type of folders.
Ciulla, however, argued that the policy is not established in writing and is not “administered uniformly at all.”
Ciulla said he normally wouldn’t have a problem with the jail rules Loo cited, but he said in this case, “I’m relying on him to a large degree” in the defense.
Ciulla also said the Department of Corrections allows inmates to keep a larger portion of legal documents.
Nayeri agreed to allow “spot checks” on the legal documents instead of having deputies establish probable cause to do a search.
Loo also argued giving Nayeri special privileges will increase the likelihood that other inmates will clamor for the same.
“The sheriff strongly objects to this inmate given special privileges,” Loo said. “We have heightened concerns with this inmate.”
Prickett said he was “cognizant” of the security concerns, but he said the defendant’s right to assist in his defense would be more important.
Nayeri busted out of jail with Bac Tien Duong, 46, and Jonathan Tieu, 22, and all three are awaiting trial in that case.
Nayeri also faces charges in the kidnapping of an Orange County marijuana dispensary owner who was tortured and then sexually mutilated by his captors.