paralegal confirms sample from jail food as mouse feces; reviews prisoner food logs to confirm that caloric intake in jail is far lower than medically necessary

I am currently a paralegal at the Law Office of Yolanda Huang. In July 2020, we received at our office (528 Grand Ave in Oakland) an envelope from Santa Rita Jail prisoner David Mellion (BIJ686). Enclosed in this envelope were three or four small dark brown or black pellets (see Exhibit 1, attached). I had previously spoken with David, who informed me he would be sending this sample to us and he requested to have the sample tested because he believed it to be rodent droppings (which he found in his lunch cup). This envelope containing this sample was not opened by myself or anyone else at our office. Instead, I took the untouched sample to Alameda County Vector Control on August 12, 2020, where I was told David James, a licensed Vector Ecologist, could inspect it. Exhibit 2 depicts David James inspecting this sample. Exhibit 3 includes the credentials and business card of David James. Exhibit 4 includes David James’ declaration, in which he identifies this sample as mouse fecal pellets.

I took the untouched sample to Alameda County Vector Control on August 12, 2020, where I was told David James, a licensed Vector Ecologist, could inspect it. Exhibit 2 depicts David James inspecting this sample. Exhibit 3 includes the credentials and business card of David James. Exhibit 4 includes David James’ declaration, in which he identifies this sample as mouse fecal pellets.

I reviewed with Diontay Shackleford what he logged in as his meals. Based upon his age, height and weight the USDA website recommends that his caloric intake be 3,269. (https://www.nal.usda.gov/fnic/dri-calculator/results.php). Note, this is also dependent on activity level, which Diontay describes as active (in between low active and very active), because Diontay is active during his three hours of yard time a week and also works out in his cell and the pod area as much as he can. Based upon what Diontay stated was in his usual, average breakfast (assuming nothing is missing or short on portion), if everything on his breakfast tray was consumed, that would total 607.5 calories; lunch would total 890 calories and dinner would be 846.5 calories for a total daily maximum calorie count of 2,344 calories per day.

I reviewed with Marcus Felder what he logged in as his meals. Based upon his age, height and weight the USDA website recommends that his caloric intake be 2849. (https://www.nal.usda.gov/fnic/dri-calculator/results.php). Note, this is also dependent on activity level, which Marcus describes as low. Based upon what Marcus stated was his average, usual breakfast (assuming nothing is missing or short on portion), if everything on his breakfast tray was consumed, that would total 650.5 calories; lunch would total 286 calories and dinner would be 757 calories for a total daily maximum calorie count of 1,693.5 calories per day. Between August 16 and August 29, 2020, Marcus tracked how many trays he received that were dirty (remnants of leftover food bits from previous meals still stuck to trays). After reviewing this information, I found that out of 28 meals that came on trays during this time period (14 breakfasts and dinners), 10 meals came on dirty trays (around 36 percent).

Between August 16 and August 29, 2020, Marcus tracked how many trays he received that were dirty (remnants of leftover food bits from previous meals still stuck to trays). After reviewing this information, I found that out of 28 meals that came on trays during this time period (14 breakfasts and dinners), 10 meals came on dirty trays (around 36 percent).

I reviewed with David Misch what he logged in as his meals. Based upon his age, height and weight the USDA website recommends that his caloric intake be 3,635 (https://www.nal.usda.gov/fnic/dri-calculator/results.php). Note, this is also dependent on activity level, which David describes as very active, because David runs a couple hundred laps every week, practices tai chi for 35-45 minutes every day, and runs in a small loop for around an hour every day. Based upon what David stated was his usual, average breakfast (assuming nothing is missing or short on portion), if everything on his breakfast tray was consumed, that would total 864 calories; lunch would total 865 calories and dinner would be 718 calories for a total daily maximum calorie count of 2,685 calories per day.

After reviewing David’s food logs between the dates of June 17, 2020 and October 24, 2020, out of 103 breakfasts recorded, I found that he received peanut butter as part of his breakfast 44 times, or around 43% of the time. And out of these 44 breakfasts with peanut butter, he was missing one or more out of the two peanut butter packets that the menu says he should have received 24 times out of these 44 times (around 55% of the time). Each peanut butter packet is one ounce and therefore contains approximately 7 grams of protein, so out of 7 days a week, he appears to usually only get half of his protein at breakfast at a quarter of the time. Especially taking these shortages into account, it appears unlikely that the jail provides David with the recommended daily portion of 69 grams of protein for his height, weight, and age (https://www.nal.usda.gov/fnic/dri-calculator/results.php).

David’s logs also show that out of 206 breakfast and dinners (the meals that come in trays), the compartments in the trays that hold David’s oatmeal, dry cereal, beans, lettuce, etc., have been only two thirds to three quarters (or often, even less) full 56 times. That equals around 27% of the time.

David’s logs also show that out of 206 breakfast and dinners (the meals that come in trays), the compartments in the trays that hold David’s oatmeal, dry cereal, beans, lettuce, etc., have been only two thirds to three quarters (or often, even less) full 56 times. That equals around 27% of the time. Additionally, I found that out of the 92 times that David received lettuce, cabbage, or coleslaw in his dinner, he noted that this vegetable portion was brown and/or spoiled (and therefore inedible) 15 times (around 16% of the time), with vegetable spoilage becoming more frequent recently.

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