Erie County Jails

In an interview with Matt Spina of The Buffalo News a few weeks back, Erie County Executive Chris Collins said, “I believe in recognizing the importance of promoting personal accountability and personal responsibility”

Evidently, this statement only applies to the poor, the unemployed and those who dare cast a shadow upon the path of his royal highness of Clarence as he enters the Rath Building each day.  It certainly does not seem to apply to his Sheriff, his County Attorney nor does it seem to apply to him.

We’re going on nearly two years of disturbing problems in our Erie County jails, specifically at the Erie County Holding Center.  With three suicides in four months, and past reports of prisoners being beaten, raped, denied basic medical care and medication, escapes, poor security, mismanagement, and the denial of basic hygienic products, the county prisons are a sordid embarrassment.

The Department of Justice has taken the remarkable step of suing Erie County for access to our mini-Guantanamo Bay in order to investigate these issues after being stonewalled by the County Executive, County Attorney and Sheriff during the past year.  Collins has attempted to turn this into a federalism issue, saying that the DOJ lacks jurisdiction in our local jails.  Erie County Attorney Cheryl Green claims that if the DOJ are allowed to enter the facilities they will begin a “fishing expedition” that will most likely result in Erie County being forced to provide medical care for inmates that far outweighs the benefits that the county employees themselves receive, which is a strawman.

Since December, five inmates have attempted suicide with three ultimately taking their own life.

The DOJ contends in their court filing that the “suicide rate at the Erie County Holding Center is almost five times the national average for local jails”.  Green contends the DOJ is using flawed methodology, a claim the DOJ dismisses.

If this County Executive demanded the same level of personal accountability of his staff as he does the working poor of Erie County, he would demand a wide ranging investigation into the problems in our jails, demand the resignation of  Green and force Sheriff Tim Howard to open his doors to experts and investigators.

Instead, we get dismissive references to coddling criminals and inferences that the Department of Justice has some sort of hidden agenda and is a creeping entity of a monolithic federal government.

“I would have to ask the general public, who do you trust more, the federal government, the state government or your local government?” Tim Howard said. “And I think most people I talk to say they have most trust in their local government.”

What has this Sheriff done to earn the trust of the local populace?  Did he earn our trust by ignoring recommendations to secure his facilities which led to Ralph “Bucky” Phillips’ escape from an Erie County jail? After his escape, Phillips shot three state troopers, ultimately killing State Trooper Joseph Longobardo. The Phillips manhunt also cost the state millions of dollars.  In a state investigation following Phillips’ escape, it was found that the Sheriff “willfully operated the Alden Correctional Facility in an unsafe manner”.

Did Sheriff Howard earn our trust when a clerk in the Sheriff’s office mistakenly released rapist Rasheed Milton only to have him rape again while he was on the loose?

Did he earn our trust in 2007 when Robert Henchen died of pneumonia caused by starvation and dehydration while in Erie County custody?

This is a matter of public safety and of our community integrity.  Will we let these abuses continue or will we have the courage to demand action?

People are dying on your watch, Mr. Collins.  It’s time to stand up and be accountable. Or is accountability just for the less fortunate?

Erie County Legislature Resolutions on County Jails

At the regular Erie County Legislature session on Thursday, a Resolution was passed that urges the County Executive and the Sheriff to advise the Legislature on procedures at Erie County Correctional Facility and Holding Center.

The legislation, introduced by Majority Leader Maria Whyte (D-Buffalo, 6th District) was directed at the County Executive and his Administration as well as the Sheriff’s Department and sought answers on policies and procedures at both facilities. In particular it asked County Attorney Cheryl Green to produce documentation outlining the policy with regards to screening inmates for suicide prevention and what, if any, action can be taken in regards to removing prisoner’s shoelaces.

The Resolution also called on the Administration and the Sheriff to grant immediate access to the Holding Center and Correctional Facility for a Suicide Prevention Specialist.

“This issue is fundamentally important to why we exist as a Legislative body,” stated Majority Leader Maria Whyte (D-Buffalo, 6th District) “contained in this Resolution we are formally asking for documents the County Attorney has already agreed to provide but that we have not yet seen. It also calls for immediate access by the suicide prevention specialist and the gravity of the situation requires us to act immediately on these issues. I want the voters of Erie County to know that we, as a Legislative Body, are monitoring this issue and working to provide answers.”

“We are all deeply disturbed by the news from the Holding Center. We are working hard to see what actionable items we, as the County Legislature, can take to try to avoid these problems in the future,” said Erie County Legislature Chair Barbara Miller-Williams (D-Buffalo, 3rd District). “today was a step, but ultimately it is the responsibility of the Administration and the Sheriff to implement policies that will improve conditions, we call upon them to do that immediately and to report those actions to the Legislature.”

A RESOLUTION TO BE SUBMITTED BY LEGISLATORS WHYTE, GRANT, MARINELLI, LOUGHRAN, MILLER-WILLIAMS & MAZUR

RE: Erie County Holding Center Correctional Facility Citizen’s Advisory Commission

WHEREAS, allegations abound about the lack of basic necessities such as toilet paper and tooth brushes, as well as medically necessary prescription drugs at the Erie County Holding Center and Correctional Facility; and

WHEREAS, more serious allegations about prisoner abuse and rape have also surfaced including during testimony offered at a Public Safety Committee Meeting in 2009; and

WHEREAS, three suicides along with two attempted suicides have occurred in the last four months at the Holding Center; and

WHEREAS, it has been reported that the Erie County Holding Center has a suicide rate of nearly five times the national average; and

WHREAS, the public outcry over conditions at the Holding Center and Correctional Facility have resulted in a call for a Erie County Jail Citizen’s Advisory Commission.

NOW, THEREFORE, BE IT

RESOLVED, that the Erie County Legislature invite individuals, civic organizations, and all other interested parties into the Legislature’s Public Safety Committee to discuss the establishment, composition, responsibility, and duties of an Erie County Jail Citizen’s Advisory Commission; and be it further

RESOLVED, that the Erie County Legislature study how such Commissions have been used effectively in other areas of the country; and be it further

RESOLVED, that certified copies of this resolution be sent to the County Executive, the County Attorney, the Comptroller, the Sheriff, and the acting Jail Superintendent.

Also filed on March 4th, 2010:

AMENDMENT TO INTRO 4-10 (2010)

RESOLVED, that the County Attorney immediately file with the Clerk of the Legislature the following documents: the section of New York State law pertaining to footwear for incarcerated individuals; the written review conducted by the National Commission on Correctional Health Care in which Erie County was recognized for following the “best practice” model for 12 out of 13 suicide prevention strategies; all written materials (including but not limited to training manuals, checklists, questionnaires, etc.) related to the internal policies and procedures used by Erie County personnel in the identification of potentially suicidal inmates; and be it further

RESOLVED, that the Erie County Legislature call upon the County Executive, County Attorney, Sheriff, and First Deputy Superintendent of the Jail Management Division to revisit all suicide prevention strategies currently in place at the Holding Center and the Correctional Facility and provide a written report to the Legislature within fourteen days regarding how and why such protocol may not have been successful at identifying the suicidal nature of certain inmates; and be it further

RESOLVED, that the Erie County Legislature call upon the County Executive, County Attorney, and Sheriff to immediately grant access to the Holding Center and the Correctional Facility to a Suicide Prevention Specialist who can advise Erie County on any additional protocol jail personnel might employ in identifying suicidal inmates; and be it further

Friday YouTube: Egregious Failure Edition

Three Months, Three Suicides

How many more must die in the county lockup before people start investigating, holding people accountable, and behaving in a way that at least borders on competence?

People are dying needlessly. They are in county custody – this is preventable, if they want it to be.

Another One Bites the Dust

Seriously, we have to do another post about another “suicide” at the Erie County Holding Center. By refusing to accept the problems highlighted by the US Justice Department and the State Board of Corrections, Erie County ’s nitwit lead attorney Cheryl Green, Sheriff Tim Howard, Erie County Executive Chris Collins all have blood on their hands:

The Erie County Sheriff’s office is investigating the latest apparent suicide of a prisoner at the county Erie County Holding Center in downtown Buffalo.

The prisoner, a 26-year-old Cheektowaga man facing forgery and drug charges, died at around 5 p.m. Saturday after apparently hanging himself in his cell, law enforcement officials told The Buffalo News on Sunday.

An autopsy will be conducted Monday, officials at the Erie County Medical Examiner’s office said.

Officials at the Sheriff’s office had no comment on the incident when contacted this morning, saying a news release will be issued later in the day.

If the death is confirmed as a suicide, it will be the fifth suicide by hanging at the Erie County Holding Center since 2007 and the eighth such suicide in the facility since 2003.

Yeah…Nothing to See Here

Another month, another problem, another suicide attempt.  But of course, all is well inside the Erie County Holding Center:

An Erie County Holding Center inmate already under constant observation because she might attempt suicide was listed in critical condition Monday at the Erie County Medical Center after trying to kill herself.

Sources inside the Holding Center said Marcia Mitchell, 29, apparently swallowed a bottle of aspirin, which she somehow pilfered. She never alerted the staff to what she had done, allowing the aspirin to attack her organs.

Nothing like trying to cover something up while trying to just pretend that nothing is wrong with your prision system:

Sheriff Timothy B. Howard’s Holding Center did not issue any news release on Mitchell’s attempt, similar to the strategy officials employed in December when they issued no news release on the attempt by Adam Murr of North Tonawanda. Murr, charged in a bank robbery, became the latest Holding Center inmate to kill himself by hanging himself from an air vent.

Can’t wait to here the excuse on this one…

Collins Wasting Taxpayer Money Instead of Fixing the Problems

Erie County has hired lawyers in Washington, D.C., to help beat back the U.S. Justice Department lawsuit that seeks better inmate treatment in the county’s two jails.

The law firm Allston and Bird charges $425 an hour and recently sent its first bill, which topped $40,000, for research and advice during August, when the federal lawsuit was anticipated but not yet filed.

A Tale of Two Jails

Following a long-term Federal investigation that exposed violations of the constitutional rights of inmates—including failure to protect inmates from physical harm caused by excessive force used by staff, and failure to provide adequate medical and mental health care—the Westchester (NY) County Jail will now have to clean up its act or face a Federal lawsuit.

Sound familiar?

Yes, but according to a 42-page report, there are differences between the situations in Westchester County and Erie County. (Compare it with the 50-page letter issued to Erie County.)

Whereas Erie County Executive Chris Collins, County Attorney Cheryl Green, and Sheriff Tim Howard have stonewalled Federal investigators, even after the instigation of a Federal lawsuit against the County, officials in Westchester granted an on-site inspection of their jail between February 25-28, 2008.

“We interviewed Jail staff in administration, security, medical and mental health, facilities management, and training. We also interviewed inmates. Before, during, and after our visit, we reviewed an extensive number of videos and documents, including policies and procedures, orientation and staff training materials, and unit logs. We also reviewed numerous internally prepared Jail reports involving incidents, uses of force, investigations, and disciplinary matters. In keeping with our pledge of transparency and to provide technical assistance where appropriate, we conveyed our preliminary findings to WCJ officials and legal counsel for Westchester County (the “County”) at the close of our site visit,” the Federal report says.

“We thank the staff at WCJ for their helpful and professional conduct throughout the course of the investigation. The County provided us with access to records and personnel, and responded to our requests, before, during, and after our on-site visit in a forthcoming manner. We also appreciate the County’s receptiveness to our consultants’ on-site recommendations. Accordingly, we have every reason to believe that the County is committed to remedying all known deficiencies at WCJ.”

While officials in Westchester are stung by the findings, they are, apparently, working with Federal investigators to fix the violations of the Civil Rights of Institutionalized Persons Act (CIRPA).

It will be interesting to see which approach works best. So far, Westchester is avoiding a lawsuit—which is more than Erie County can say. In addition to the Federal one against Erie County, there’s also the one that was filed by the NYS Commission of Corrections, for violating State standards and failing to correct the violations. Sheriff Howard and his staff have said State and Federal authorities have been been unfairly picking on us here in Erie county.

The Buffalo News printed this editorial today, urging Collins and Howard to “get serious” about the issue.

Question: At what point was it OK for them not to take Civil Rights seriously?

Tim Howard

The only Tim Howard I support . . .

This reaction to the election is a few days late, but I’ve been swamped at school.  It’s very important that I spend my time reading what some French guy wrote about what some other French guy wrote about some other French guy.  This is my life . . .

But how the hell did Tim Howard get reelected?  Now, it’s not necessarily unusual for someone to get reelected despite a widespread belief that he’s incompetent — whether we’re talking about about George Bush or Brian Davis, it happens.  But in those cases, it happens (at least in part) because these are policymaking positions, and voters are often willing to overlook questions of competence if their views are generally in line with those of the candidate.  Better to have a bad Democrat than a good Republican, or vice versa.

But the County Sheriff is a different sort of position, isn’t it?  It seems like a basically technocratic position.  There isn’t going to be some serious ideological difference between the candidates — one isn’t going to favor abolishing prisons or whatever.  It’s supposed to be a contest over who would do a better job running things, and given Howard’s, uhh . . . spotty record, well . . .

So I guess I’m wondering just what it would have taken for Howard to have lost the support of the majority of voters.  Another Bucky Phillips?  3 more? 5?  How many more inmate suicides?  Or is this just an example of party-line tribalism?

HTN: Sheriff Howard Asks for More

Erie County Sheriff Timothy Howard met with county legislators yesterday to support several funding requests he submitted to County Executive Chris Collins. Howard said he asked several weeks ago for Collins to budget 75 additional jobs for the sheriff’s office next year, but Collins only gave him two. Lawmakers are now reviewing the sheriff’s budget for road patrols and the Jail Management Division. Howard hopes to get back several dispatchers, jail personnel, narcotics investigators and road patrol deputies who were let go because of cuts a few years ago.