Two Orange County sheriff’s deputies assigned to county jails have tested positive for the coronavirus as prosecutors and defense lawyers battled Friday over the continued early release of inmates from behind bars.

The deputies, one from Theo Lacy Facility in Orange and the other from Central Men’s Jail in Santa Ana, are the first two known to become infected in Orange County. Both are resting at home, said Sheriff’s Department spokeswoman Carrie Braun. Five Orange County jail inmates have tested positive, 12 more are in medical isolation and 175 are quarantined, Braun said.

Juan Viramontes, president of the union that represents the deputies, said his group is attempting to secure housing for infected deputies who don’t want to expose their families or roommates. Viramontes added that the Association of Orange County Deputy Sheriffs is trying to round up more protective gear for its members.

“We’re working tirelessly to get our workers the resources they need to safely do their jobs,” Viramontes said.

Release sought for 13

The jail has become a hotbox of controversy since the global pandemic invaded one of society’s most crowded places.

On Friday, the Public Defender’s Office attempted to force the release of 13 inmates over the age of 60 on their own recognizance for fear they are medically vulnerable to COVID-19. All are in jail on nonviolent charges or convictions, but some have committed more serious offenses in the past. One had violated a restraining order — after knifing a neighbor. Another had transported 22 pounds of methamphetamine.

They represent the first wave of more than 500 Orange County jail inmates who meet the criteria for being medically at-risk of contracting the coronavirus. Most of these inmates are clamoring to get out. The Sheriff’s Department already has reduced the jail’s population by roughly 1,000 inmates during the past month, in part by early release, hoping to stem the infection spread and make room for social distancing.

Using pandemic as excuse

District Attorney Todd Spitzer accused the Public Defender’s Office of using the pandemic as an excuse to empty out the jails.

“This is becoming a convenient excuse for them,” Spitzer said. “They’re, like, waving the COVID flag.”

Deputy Public Defender Sara Ross responded that there are legitimate reasons for the court to release the inmates.

“Most, if not all, of the people in jail are going to get COVID-19,” Ross said.

Superior Court Judge Cheri Pham denied early release to 10 of the senior inmates who had already been convicted and were serving their sentences.

Initially, however, Pham reduced bail from $3.1 million to $100,000 for a former fugitive who fled to Spain and China after he was accused of embezzling millions from Albor Charter School in Santa Ana. Emilio Vasquez was arraigned in February after spending 10 years on the run. She later rescinded that decision and left Vasquez’s bail intact.

“He concerns me terribly,” Spitzer said.

Spitzer added that he will demand proof that any bail money did not come from the funds stolen from the school.

Pham also initially granted release with an ankle bracelet to Ron Swoverland, who violated his probation, and Richard Templin, a convicted robber who was being held without bail for violating his probation, pending both providing a local address. Later in the day, however, she also reversed herself on those decisions, leaving both men in incarceration.

Not a get-out-of-jail card

Spitzer said susceptibility to the virus shouldn’t be a get-out-of-jail card.

“It doesn’t matter where you are, you could still get the virus,” he said. “The public defender wants us to treat our incarcerated inmates better than our law-abiding citizens.”

In her motion, Ross wrote: “Holding people in congregate settings, particularly those who fall into high risk categories, under conditions that do not comport with unanimous public health guidance … puts incarcerated people at substantial risk of serious harm.”

Editor’s note: This story has been updated to reflect Judge Cheri Pham’s decision to rescind her orders concerning Vasquez’s bail amount and the incarceration of Swoverland and Templin.