Barry is placed into a state penitentiary after his arrest. Inmates are not sent to such a facility until after conviction. He would have been sent to the Los Angeles County Men's Jail to await trial. Fuches also would not have been in the penitentiary.
The Los Angeles Times article about Barry's arrest that Sally reads on her phone is rife with grammatical and punctuation errors, and additionally refers to Barry as "the real killer" of Janice Moss. No major media organization would use that language for a person who had just been arrested for a crime and is awaiting trial, they would use language like "the primary suspect".