Former Pelican Bay guard’s conviction upheld

The Associated Press
Thursday October 26, 2000

SAN FRANCISCO — A state court upheld assault and alcohol convictions against a former Pelican Bay State Prison guard on Wednesday. 

The 1st District Court of Appeal said there was no evidence to reverse Jose Garcia’s conviction last year for assaulting a sex-offender convict. Garcia was sentenced to nearly five years imprisonment for charges that included possessing alcohol in prison. 

He was accused of soliciting or directing inmates to assault sex offenders in 1994 and 1995. He rewarded the assaulting inmates with deodorant, booze and silk underwear 

The state appeals court was not swayed by Garcia’s contentions that he was framed, that there was a lack of evidence to uphold the conviction and that possessing alcohol was not forbidden. 

Garcia faces a federal trial on similar charges alleging that, from 1992 to 1995, he conspired to deprive five inmates of their civil rights. 

Garcia and another guard, Mike Powers, are accused of causing inmates to stab and punch five other prisoners, some of whom were convicted sex offenders or child molesters. 

That federal trial is pending.