State lawyers say whistleblower report on prison psychiatric care should stay secret

Lawyers for state corrections officials now are balking at the release of a secret report prepared by the prison system’s top psychiatrist that accuses the state of providing misleading and inaccurate information to a federal judge and attorneys for more than 30,000 inmates.

In a court filing late Monday, the state argues that releasing a redacted version of the report compiled by Dr. Michael Golding “poses a significant risk of irreparable harm” to relations inside the workplace, could compromise an investigation into his allegations and “would be unfair to the individuals mentioned in the report.”

“Dr. Golding’s assertion of wrongdoing have not been tested or proven, and the individuals have had no opportunity to defend against being impugned in this way,” the state argued, adding that the document should remain sealed until an investigation into Golding’s allegations is complete.

Lawyers for the inmates say the state’s stance is a reversal from its earlier position, when corrections lawyers were willing to allow a redacted version of the report to be filed in court - and made public.

“...(T)hey now argue the Golding Report should remain under seal in its entirety, rather than be redacted,” the lawyers for the inmates argued.

At issue is a report compiled in recent months that the inmates’ attorneys say illustrates how the state misled them and the court with inaccurate information about what progress is being made in improving access to psychiatric care in the prisons.

Golding leaked the report the night of Oct. 3 to the office of the federal receiver appointed by the courts to oversee medical care inside the prisons, court documents say.

The report was then turned over to the court and attorneys for the inmates, but remains sealed while U.S. District Judge Kimberly J. Mueller considers whether portions can be made public and when.

The two sides disagree sharply over the significance of the report’s importance, with the inmates’ lawyers referring to it as the “Golding Report” in court filings while lawyers for the California Department of Corrections and Rehabilitation call it the “Golding Allegations.”

“The Allegations accuse CDCR employees of engaging in wrongful behavior,” corrections lawyers wrote, adding that the 160-page report and 60 exhibits “consist almost exclusively of unverified statements taken out of context that Dr. Golding uses to support his personal opinions.”

The inmates’ attorneys see it differently, saying the allegations are “very serious” and noting that “public policy favors access and disclosure of information in judicial proceedings.”

Mueller had indicated she wanted the report made public – with some redactions for privacy concerns – and directed corrections officials not to destroy any of the materials used by Golding to compile the report.

The judge ordered officials not to engage in any retaliation against Golding or anyone who helped him write the document, and she said she did not want CDCR investigating how the report was compiled without first coming to her.

Golding is to testify about the report before Mueller in a hearing set for next Monday, the first time he is expected to speak publicly about why he wrote the report and subsequently turned it over to outside officials.

The controversy over psychiatric care in the prisons comes as inmate attorneys were preparing for a hearing on the use of “telepsychiatry” to provide mental health care for inmates, a practice the department conducts using psychiatrists who speak to their patients over computer screens.

The flap over Golding’s allegations also scuttled a deal in which inmates attorneys had been prepared to accept a lower number of psychiatrists in the prisons based on information they were receiving from CDCR. Now, because of Golding’s allegations that the department was misleading them, they have backed away from signing such an agreement.

This story was originally published October 16, 2018 at 3:00 AM.