Question:
The Los Angeles County Sheriff’s Department is unable to prosecute inmates for the production and/or possession of “pruno” (jail made alcohol) due to a technicality in how our district attorney views what is needed to gain a conviction. What I would like to know is if your DA is successfully prosecuting these crimes, and if so how they are able to do so?
Here is the problem:
Per our DA, an alcoholic beverage is defined as a beverage which has .05% or greater alcohol to volume. Our crime lab says they can test the liquid, but not the recovery. Also, to stop fermentation the liquid sample would need to be frozen and then sent to the lab, but as it reheats it ferments again. Our research indicates there is no portable device to test the liquid accurately at the site of recovery.
There is a product available to home brewers called a vinometer, which is a device that can be used, however, the vinometer calculates on the basis of pure alcohol and water solutions. Wine is not a pure water/alcohol solution therefore the accuracy of a vinometer cannot be relied upon. Sugar interferes with the vinometer’s ability to accurately determine the percentage as well as other components in wine that interfere with accurate measurements. Since the accuracy is in question, then it won’t stand up in court.
The section that is cited is for, “Possession of an alcoholic beverage while in a jail”. “Pruno” is an evolving, fermenting liquid and is not classified as an alcoholic beverage therefore it doesn’t meet the elements. The DA says that if you can’t accurately determine the percentage of alcohol at recovery, they will not file the case.
Any suggestions? Please post them in the comment box below.
Thanks,
John D. Williams,
Los Angeles County Sheriff Dept.