that is important context, the officers say. for what has become one of the most controversial parts of the vi. the use of the spit mask over the boy s head. take this bag off my head. take this bag off my head. take this bag off my head. i m joined by mark harris, the attorney recommending the child s family. good evening to you. is this a case in your view about excessive force and escalation by the police regardless of any underlying offense in or do you view it as more important because you say the boy did nothing wrong? thank you for having me on the show. there is no underlying offense. there is no underlying offense.
where any kind of vital body parts i had were, could have been, attacked, you know? i could have been killed, you know? i don t want to be theatrical. but if he had something that we had not found, he could, could have hurt us severely. penn, now placed in the spit mask, will be escorted to a hearing with the institutional classification team. they will decide if penn should be reclassified as a close management 1 inmate, meaning he will be housed alone in the prison s most restrictive high-security housing unit. the hearing is penn s one chance to change their minds. recommendation is post man one based on an assault on a staff member that results in a mandatory referral for a year. do you have anything to say about this? yes, sir. i had some lab work to get done. we get back, it s about 3:30-ish. he told me to cuff up. i told him i wanted to speak to the captain and not cuff up.
so, you don t know what to expect from day to day and minute to minute. you can t beat the people that made the system and made the rules and have all the power. j.c., your locker is open! they got the handcuff, the radio, the gas. you got nothing. you have yourself. you are your own weapon in this war. richard penn has spent the last ten days in disciplinary confinement due to an assault on two officers. he has been moved from general population to a single-man cell. he is on heightened security and must wear a spit mask any time he is out of his cell. sergeant carter was one of the two officers involved in the assault. when i ask an inmate a question, i expect an answer. if i tell them to do something, i expect them to do it. this is not a place where things are optional. the assault occurred after penn had been escorted by sergeant carter and another officer to medical for some tests.
character as frank underwood, who he once portrayed on house of cards. you wouldn t believe the worst without evidence, would you? you wouldn t rush to judgment without facts, would you? reporter: another hearing is set for march 4th. spacey does not have to appear. if he is ultimately convicted, he faces up to five years in prison. david? linsey davis, thank you. we re going to turn now to a break in the case that made national headlines. a father on a camping trip with his two young daughters, when the father was murdered while the girls were sleeping in the tent. tonight, a suspect is now in custody in california, and abc s kayna whitworth with how they got him. reporter: tonight, this man accused in the series of campground shootings that killed a father of two young girls and terrorized a city. anthony rauda under restraints and a spit mask, in court last month, sentenced for a series of robberies. police now connecting him to multiple shootings in malibu creek state p
let s go. not afraid, huh? it s my jail. ready? [ bleep ] you re a dead man when i get out on the street. all of you. secure. you hear me? arms secure. you park in a lot. i know where your family lives. i m going to burn each one of them. you re dead. chair is secure. all secure. you think i m playing with you? head mask going on. neither the restraint chair nor the spit mask do anything to deter schmidt s continued verbal assault and threats on staff. point that gun at me, and you re [ bleep ] dead, man. you hear me? on the streets you re dead. i know where you [ bleep ] live and know everything about your family. officers have come to know schmidt as a big talker, but they never take threats lightly. when somebody threatens your