Post by skyloom on Mar 9, 2006 10:19:20 GMT -5
After years of high inmate death rates due to HIV/AIDS, suicide and poor medical care, federal civil rights regulators have launched an investigation of Delaware's prison medical system -- a process that could take years to complete and forever change the way the state treats its 6,800 inmates.
The investigation comes on the heels of a five-month preliminary inquiry by the Justice Department during which federal regulators interviewed many of the same medical experts, inmates and families of dead inmates who spoke to The News Journal late last year during the newspaper's six-month investigation of prison health care.
As with the newspaper's investigation, the Justice Department uncovered significant problems at the Delaware Department of Correction. The federal investigation now may involve FBI agents and grand juries with subpoena power.
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Justice Department spokesman Eric Holland announced the probe Wednesday in Washington, but declined to comment further. Prior investigations under the federal Civil Rights of Institutionalized Persons Act have delved into all conditions of confinement and overall prison operations in other states.
"I am confident that the Special Litigation Section will conduct a thorough investigation," said U.S. Attorney for Delaware Colm F. Connolly. "Our office will be assisting them as needed."
Family members of inmates who have died behind bars in Delaware were jubilant.
"Thank you, Jesus. I've been praying for this so hard," said Susie Wilson, whose son, Jermaine Lamar Wilson, was found hanging in his cell with blood-stained clothes and a gash on his head. It was Feb. 18, 2005 -- the day his family says he was scheduled to be released after serving time for robbery.
Wilson's death is now the focus of a federal wrongful death lawsuit, which claims Jermaine Lamar Wilson was murdered while being held at the Delaware Correctional Center near Smyrna.
Minner opposed investigation
In October, when the preliminary federal inquiry was announced, Gov. Ruth Ann Minner had her legal counsel, Joseph C. Schoell, send a letter to U.S. Attorney General Alberto Gonzales calling The News Journal's series "misleading" and stressing how a full-blown investigation was unnecessary.
Correction Commissioner Stan Taylor wrote a five-page response to the newspaper's series, calling it inaccurate and "sloppy reporting."
On Wednesday, neither Minner nor Taylor returned calls or e-mails seeking comment about the federal investigation.
Both issued similar written statements downplaying the potential for cost and the erosion of local control inherent in the extensive federal probe. Improvements ordered by the Justice Department must be paid with state tax dollars.
"As my office informed the federal Justice Department last fall, we stand ready to cooperate with the federal government in any review of the Department of Correction's medical system," Minner wrote. "Up until this time, the Department of Justice has not requested information directly from the DOC, access to DOC facilities, or access to the DOC's medical provider or its accreditation agency and noted in a letter to us that it has not reached any conclusions about the subject matter of the investigation. We look forward to providing investigators with a complete and accurate account of the delivery of medical services in our prisons."
Taylor also stressed his willingness to cooperate -- even though federal regulators don't need Taylor's permission to conduct the investigation.
"The Delaware Department of Correction will cooperate fully with the federal investigation," Taylor wrote. "We will provide investigators with whatever information, access to facilities and access to personnel and inmates they may need. Because the Department of Justice has not yet requested any information from the DOC, we are eager to provide investigators with a comprehensive and factual look at the quality of health care delivered to the inmate population."
Delaware Attorney General Carl C. Danberg said his office is "facilitating communication between the DOJ in DC and the DOC." However, Danberg may be called upon for more if the Justice Department files a federal lawsuit against the state to remedy shortcomings in the system.
"It's our legal obligation to defend the state," Danberg said. "We will cooperate fully to the extent that we can."
Danberg said the preliminary inquiry, though conducted appropriately, lacked balance.
"It is not supposed to be balanced. It is a one-sided look at the issue," he said. "The question before the DOJ is whether the allegations, if true, merit federal involvement. We'll cooperate fully. At this point, that's all that's appropriate to say."
Problems exposed
The federal investigation will be conducted by the Special Litigation Section of the Justice Department's Civil Rights Division. A News Journal special report on inmate health care published in September revealed sometimes gruesome details of neglect, such as an inmate's massive brain tumor -- largely ignored by staff -- which led to his death, and an outbreak of flesh-eating bacteria.
Other findings of the newspaper's six-month investigation were inmate death rates -- specifically AIDS-related and suicide -- far above the national norm.
During the newspaper's investigation, reporters discovered that Minner and Taylor awarded a $25.9 million no-bid contract for inmate health care to Correctional Medical Services -- a private medical contractor with a history of litigation over how the company provides medical care. Minner and Taylor also refused to release -- publicly or to lawmakers -- an audit of prison health care they say prompted the emergency hiring of CMS.
Minner castigated the newspaper's report, saying it contained "factual errors and misrepresentations." Still, she acknowledged some problems in the state's prisons and made several small changes, which included random case reviews and the appointment of a nurse to the prison administrative staff.
Dover attorney Stephen Hampton is one of a handful of lawyers willing to accept inmate cases. He's deluged by inmate letters pleading for help. One outcome of the Justice Department's investigation is the likely generation of additional inmate lawsuits and the settlement of outstanding medical claims against the Department of Correction due to the appearance of problems in need of federal intervention.
Hampton recently settled a lawsuit against the DOC and Correctional Medical Services, on behalf of the family of Anthony Pierce.
Pierce, known as "the brother with two heads," died of a tumor that ate through his brain while his condition was mishandled by the prison's medical staff.
"I'm glad the feds are coming, but it's a disgrace to Delaware that they have to come," Hampton said. "Everyone involved knew that the health care system in our prisons was broken, and it has been so for years. The DOC, the attorney general and the governor's office were all told many times that despite all the millions of dollars they were paying to the private health providers, the inmates were not receiving basic medical care. And if something as horrifying and dramatic as the Anthony Pierce case didn't get them to do anything, it's obvious someone from the outside had to come in and do it."
'This health care issue has got to be solved'
In the months following the newspaper's series, some Delawareans have called for Taylor's resignation, an emergency takeover by special medical squads, a larger financial investment in the state's prison system, a review of the state's contract with Correctional Medical Services and mandatory HIV testing of inmates.
Others have blamed lawmakers for allowing conditions behind bars to get so bad.
"I think it's wonderful that the feds are coming," said Maryanne McGonogal, secretary of Common Cause of Delaware. "We are, however, disappointed in the governor's initial response. We believe if she'd been stronger and showed leadership, the federal government wouldn't have had to do this. We're hoping the Department of Justice digs into this deep, and uses the newspaper's articles to really clean up the prisons. This health care issue has got to be resolved, and we're fully supporting the Department of Justice's efforts."
The leader of a union representing the state's correctional officers also supports the investigation.
"From my personal standpoint, the union has no objection to a federal investigation of the Department of Correction. We had hoped to bring about reform through the bills we proposed to the General Assembly in January," said Wilbur Justice, president of the Correctional Officers Association of Delaware. "Many legislators who have been very concerned about the revelations in The News Journal articles last fall have been working with us."
The General Assembly has conducted several hearings on inmate care, and several lawmakers have introduced prison reform legislation, but the federal investigation was not universally welcomed.
"I firmly don't believe there's any need for this," said House Majority Whip Clifford G. "Biff" Lee, R-Laurel, a former chairman of the House Corrections Committee. "There were problems, but DOC has recognized them and they are on the way to making changes. I think they are doing the right things now."
Rep. Joseph G. Di Pinto, R-Wilmington West, questioned federal involvement.
"Maybe I should go down to Guantanamo and see if they're doing a good job," Di Pinto said, referring to the U.S. detention center for enemy combatants captured during the war in Afghanistan.
"I hope it is a thoughtful investigation," said Di Pinto, co-chairman of the budget-writing Joint Finance Committee. "We will certainly listen to what they have to say and will seriously look at the recommendations they make."
Top to bottom investigation
The federal investigation will examine all aspects of inmate care. It will be staffed by attorneys from the Special Litigation Section and correction experts. If the federal investigators discover problems with care, and if the state Department of Correction refuses to fix the deficiencies, Delaware could face a federal lawsuit by the Department of Justice.
The Special Litigation Section has never lost such a case.
When faced by the possibility of a Justice Department investigation, officials in other states have opted to work with the federal investigators and sign a formal consent decree, to keep the action out of court.
Former prison doctor Ramesh Vemulapalli, an AIDS specialist practicing in Dover, said the investigation is long overdue.
Vemulapalli said he quit working in Delaware prisons because he was not allowed to provide adequate care.
"I think the investigation will help make reforms in the prison system," Vemulapalli said. "It's a good thing. It will benefit the people of Delaware."
Delaware Public Defender Larry Sullivan said federal investigators will approach the prison system without prejudice. "These federal people have no ax to grind, and they have expertise and will get confirmation of one version of how well prisoners are treated."
Sen. James T. Vaughn Sr., D-Clayton, is a former state correction commissioner and current chairman of the Senate committees on Adult and Juvenile Corrections and the Judiciary. He questioned Taylor last month about medical staffing at the prison.
"When [corrections] came before this committee here, I wanted to make sure they had the people they were supposed to have," he said.
Vaughn said he'll reserve judgment until after the federal investigation.
Community action
In October, a coalition of clergy, elected officials, community leaders and families of inmates who have died in Delaware prisons marched to the governor's mansion in Dover and prayed for Minner to take steps to improve prison health care. Minner did not meet with the group, which included Sen. Charles L. Copeland, R-West Farms, one of the founders of the Delaware Coalition for Prison Reform and Justice.
If Minner had acted sooner, the federal government might not be involved today, Copeland said.
"It's a shame we let it get to that point," he added. "I called for an independent investigation, but I couldn't get anyone to agree to it. I was working on legislation, and we could have showed the feds we were doing something. I think the federal government has taken a legitimate step."
Many lawmakers say the state's prisons will be better because of the federal oversight.
"I can understand why the feds want to come in. So far, they've only heard one side of the story," said Rep. John C. Atkins, R-Millsboro, chairman of the House Corrections Committee. "I think they'll find things are not as bad as they've been led to believe. But I also think that, if they find problems, we'll get them fixed."
Senate President Pro Tem Thurman Adams Jr., D-Bridgeville, said fixing the system's problems is important not only to lawmakers, but to Taylor as well.
"If they want to come in, I'm sure it will be an open book as far as Stan's concerned. ... He is a dedicated man and he wants to have the best system he can," Adams said. "If they come in with good recommendations, I'm sure Stan will want to follow them up."
Legislation is pending in the General Assembly to require prompt notification of an inmate's family of a health emergency or death. House Majority Leader Wayne A. Smith, R-Brandywine Hundred North, has drafted -- but not yet introduced -- bills to create a health care inspector general position to oversee prison medical services, and switch to cost-plus contracts so vendors do not have an economic incentive to cut corners on care.
"We are looking at ways to make improvements through the budget process and will pass other legislation, if it is needed. ... There is a very high standard that has to be met for the federal government to come into the prisons and take over," Smith said. "I don't think we will meet that test. ... I am confident that we will cooperate with the investigation in any way possible."
Many inmates and their families say the legislative moves are insufficient.
"Delaware lawmakers aren't changing anything," said Karen Barkes, whose husband, Christopher, was sent to Young Correctional Institution, formerly Gander Hill, for a probation violation. Upon admission, he disclosed previous suicide attempts and a history of mental illness, according to the prison's screening form. Despite his admissions, prison staffers placed him in a cell, alone, according to the prison form. He hanged himself within hours.
"Chris clearly stated that he was suicidal and they put him in a cell by himself," she said. "There is definitely a problem."
Barkes filed a civil lawsuit last month, claiming the DOC and its medical providers' lack of training to recognize suicidal inmates and properly care for them allowed her husband to hang himself in his cell in November 2004.
Barkes' attorney, Jeffrey K. Martin, said it was "unfortunate that it had to get to this point, but it was absolutely necessary."
Martin has defended several inmates in federal court and complained about medical conditions in state prisons in 2004 to state and federal officials. Yet these problems continue.
"Our lawmakers are unwilling to acknowledge that the leadership within the prison system is woefully deficient, if it exists at all," Martin said. "It's my hope that the federal government will come in and look at our prison from top to bottom and make the appropriate recommendations for change."
www.delawareonline.com/apps/pbcs.dll/article?AID=/20060309/NEWS/603090382
The investigation comes on the heels of a five-month preliminary inquiry by the Justice Department during which federal regulators interviewed many of the same medical experts, inmates and families of dead inmates who spoke to The News Journal late last year during the newspaper's six-month investigation of prison health care.
As with the newspaper's investigation, the Justice Department uncovered significant problems at the Delaware Department of Correction. The federal investigation now may involve FBI agents and grand juries with subpoena power.
Advertisement
Justice Department spokesman Eric Holland announced the probe Wednesday in Washington, but declined to comment further. Prior investigations under the federal Civil Rights of Institutionalized Persons Act have delved into all conditions of confinement and overall prison operations in other states.
"I am confident that the Special Litigation Section will conduct a thorough investigation," said U.S. Attorney for Delaware Colm F. Connolly. "Our office will be assisting them as needed."
Family members of inmates who have died behind bars in Delaware were jubilant.
"Thank you, Jesus. I've been praying for this so hard," said Susie Wilson, whose son, Jermaine Lamar Wilson, was found hanging in his cell with blood-stained clothes and a gash on his head. It was Feb. 18, 2005 -- the day his family says he was scheduled to be released after serving time for robbery.
Wilson's death is now the focus of a federal wrongful death lawsuit, which claims Jermaine Lamar Wilson was murdered while being held at the Delaware Correctional Center near Smyrna.
Minner opposed investigation
In October, when the preliminary federal inquiry was announced, Gov. Ruth Ann Minner had her legal counsel, Joseph C. Schoell, send a letter to U.S. Attorney General Alberto Gonzales calling The News Journal's series "misleading" and stressing how a full-blown investigation was unnecessary.
Correction Commissioner Stan Taylor wrote a five-page response to the newspaper's series, calling it inaccurate and "sloppy reporting."
On Wednesday, neither Minner nor Taylor returned calls or e-mails seeking comment about the federal investigation.
Both issued similar written statements downplaying the potential for cost and the erosion of local control inherent in the extensive federal probe. Improvements ordered by the Justice Department must be paid with state tax dollars.
"As my office informed the federal Justice Department last fall, we stand ready to cooperate with the federal government in any review of the Department of Correction's medical system," Minner wrote. "Up until this time, the Department of Justice has not requested information directly from the DOC, access to DOC facilities, or access to the DOC's medical provider or its accreditation agency and noted in a letter to us that it has not reached any conclusions about the subject matter of the investigation. We look forward to providing investigators with a complete and accurate account of the delivery of medical services in our prisons."
Taylor also stressed his willingness to cooperate -- even though federal regulators don't need Taylor's permission to conduct the investigation.
"The Delaware Department of Correction will cooperate fully with the federal investigation," Taylor wrote. "We will provide investigators with whatever information, access to facilities and access to personnel and inmates they may need. Because the Department of Justice has not yet requested any information from the DOC, we are eager to provide investigators with a comprehensive and factual look at the quality of health care delivered to the inmate population."
Delaware Attorney General Carl C. Danberg said his office is "facilitating communication between the DOJ in DC and the DOC." However, Danberg may be called upon for more if the Justice Department files a federal lawsuit against the state to remedy shortcomings in the system.
"It's our legal obligation to defend the state," Danberg said. "We will cooperate fully to the extent that we can."
Danberg said the preliminary inquiry, though conducted appropriately, lacked balance.
"It is not supposed to be balanced. It is a one-sided look at the issue," he said. "The question before the DOJ is whether the allegations, if true, merit federal involvement. We'll cooperate fully. At this point, that's all that's appropriate to say."
Problems exposed
The federal investigation will be conducted by the Special Litigation Section of the Justice Department's Civil Rights Division. A News Journal special report on inmate health care published in September revealed sometimes gruesome details of neglect, such as an inmate's massive brain tumor -- largely ignored by staff -- which led to his death, and an outbreak of flesh-eating bacteria.
Other findings of the newspaper's six-month investigation were inmate death rates -- specifically AIDS-related and suicide -- far above the national norm.
During the newspaper's investigation, reporters discovered that Minner and Taylor awarded a $25.9 million no-bid contract for inmate health care to Correctional Medical Services -- a private medical contractor with a history of litigation over how the company provides medical care. Minner and Taylor also refused to release -- publicly or to lawmakers -- an audit of prison health care they say prompted the emergency hiring of CMS.
Minner castigated the newspaper's report, saying it contained "factual errors and misrepresentations." Still, she acknowledged some problems in the state's prisons and made several small changes, which included random case reviews and the appointment of a nurse to the prison administrative staff.
Dover attorney Stephen Hampton is one of a handful of lawyers willing to accept inmate cases. He's deluged by inmate letters pleading for help. One outcome of the Justice Department's investigation is the likely generation of additional inmate lawsuits and the settlement of outstanding medical claims against the Department of Correction due to the appearance of problems in need of federal intervention.
Hampton recently settled a lawsuit against the DOC and Correctional Medical Services, on behalf of the family of Anthony Pierce.
Pierce, known as "the brother with two heads," died of a tumor that ate through his brain while his condition was mishandled by the prison's medical staff.
"I'm glad the feds are coming, but it's a disgrace to Delaware that they have to come," Hampton said. "Everyone involved knew that the health care system in our prisons was broken, and it has been so for years. The DOC, the attorney general and the governor's office were all told many times that despite all the millions of dollars they were paying to the private health providers, the inmates were not receiving basic medical care. And if something as horrifying and dramatic as the Anthony Pierce case didn't get them to do anything, it's obvious someone from the outside had to come in and do it."
'This health care issue has got to be solved'
In the months following the newspaper's series, some Delawareans have called for Taylor's resignation, an emergency takeover by special medical squads, a larger financial investment in the state's prison system, a review of the state's contract with Correctional Medical Services and mandatory HIV testing of inmates.
Others have blamed lawmakers for allowing conditions behind bars to get so bad.
"I think it's wonderful that the feds are coming," said Maryanne McGonogal, secretary of Common Cause of Delaware. "We are, however, disappointed in the governor's initial response. We believe if she'd been stronger and showed leadership, the federal government wouldn't have had to do this. We're hoping the Department of Justice digs into this deep, and uses the newspaper's articles to really clean up the prisons. This health care issue has got to be resolved, and we're fully supporting the Department of Justice's efforts."
The leader of a union representing the state's correctional officers also supports the investigation.
"From my personal standpoint, the union has no objection to a federal investigation of the Department of Correction. We had hoped to bring about reform through the bills we proposed to the General Assembly in January," said Wilbur Justice, president of the Correctional Officers Association of Delaware. "Many legislators who have been very concerned about the revelations in The News Journal articles last fall have been working with us."
The General Assembly has conducted several hearings on inmate care, and several lawmakers have introduced prison reform legislation, but the federal investigation was not universally welcomed.
"I firmly don't believe there's any need for this," said House Majority Whip Clifford G. "Biff" Lee, R-Laurel, a former chairman of the House Corrections Committee. "There were problems, but DOC has recognized them and they are on the way to making changes. I think they are doing the right things now."
Rep. Joseph G. Di Pinto, R-Wilmington West, questioned federal involvement.
"Maybe I should go down to Guantanamo and see if they're doing a good job," Di Pinto said, referring to the U.S. detention center for enemy combatants captured during the war in Afghanistan.
"I hope it is a thoughtful investigation," said Di Pinto, co-chairman of the budget-writing Joint Finance Committee. "We will certainly listen to what they have to say and will seriously look at the recommendations they make."
Top to bottom investigation
The federal investigation will examine all aspects of inmate care. It will be staffed by attorneys from the Special Litigation Section and correction experts. If the federal investigators discover problems with care, and if the state Department of Correction refuses to fix the deficiencies, Delaware could face a federal lawsuit by the Department of Justice.
The Special Litigation Section has never lost such a case.
When faced by the possibility of a Justice Department investigation, officials in other states have opted to work with the federal investigators and sign a formal consent decree, to keep the action out of court.
Former prison doctor Ramesh Vemulapalli, an AIDS specialist practicing in Dover, said the investigation is long overdue.
Vemulapalli said he quit working in Delaware prisons because he was not allowed to provide adequate care.
"I think the investigation will help make reforms in the prison system," Vemulapalli said. "It's a good thing. It will benefit the people of Delaware."
Delaware Public Defender Larry Sullivan said federal investigators will approach the prison system without prejudice. "These federal people have no ax to grind, and they have expertise and will get confirmation of one version of how well prisoners are treated."
Sen. James T. Vaughn Sr., D-Clayton, is a former state correction commissioner and current chairman of the Senate committees on Adult and Juvenile Corrections and the Judiciary. He questioned Taylor last month about medical staffing at the prison.
"When [corrections] came before this committee here, I wanted to make sure they had the people they were supposed to have," he said.
Vaughn said he'll reserve judgment until after the federal investigation.
Community action
In October, a coalition of clergy, elected officials, community leaders and families of inmates who have died in Delaware prisons marched to the governor's mansion in Dover and prayed for Minner to take steps to improve prison health care. Minner did not meet with the group, which included Sen. Charles L. Copeland, R-West Farms, one of the founders of the Delaware Coalition for Prison Reform and Justice.
If Minner had acted sooner, the federal government might not be involved today, Copeland said.
"It's a shame we let it get to that point," he added. "I called for an independent investigation, but I couldn't get anyone to agree to it. I was working on legislation, and we could have showed the feds we were doing something. I think the federal government has taken a legitimate step."
Many lawmakers say the state's prisons will be better because of the federal oversight.
"I can understand why the feds want to come in. So far, they've only heard one side of the story," said Rep. John C. Atkins, R-Millsboro, chairman of the House Corrections Committee. "I think they'll find things are not as bad as they've been led to believe. But I also think that, if they find problems, we'll get them fixed."
Senate President Pro Tem Thurman Adams Jr., D-Bridgeville, said fixing the system's problems is important not only to lawmakers, but to Taylor as well.
"If they want to come in, I'm sure it will be an open book as far as Stan's concerned. ... He is a dedicated man and he wants to have the best system he can," Adams said. "If they come in with good recommendations, I'm sure Stan will want to follow them up."
Legislation is pending in the General Assembly to require prompt notification of an inmate's family of a health emergency or death. House Majority Leader Wayne A. Smith, R-Brandywine Hundred North, has drafted -- but not yet introduced -- bills to create a health care inspector general position to oversee prison medical services, and switch to cost-plus contracts so vendors do not have an economic incentive to cut corners on care.
"We are looking at ways to make improvements through the budget process and will pass other legislation, if it is needed. ... There is a very high standard that has to be met for the federal government to come into the prisons and take over," Smith said. "I don't think we will meet that test. ... I am confident that we will cooperate with the investigation in any way possible."
Many inmates and their families say the legislative moves are insufficient.
"Delaware lawmakers aren't changing anything," said Karen Barkes, whose husband, Christopher, was sent to Young Correctional Institution, formerly Gander Hill, for a probation violation. Upon admission, he disclosed previous suicide attempts and a history of mental illness, according to the prison's screening form. Despite his admissions, prison staffers placed him in a cell, alone, according to the prison form. He hanged himself within hours.
"Chris clearly stated that he was suicidal and they put him in a cell by himself," she said. "There is definitely a problem."
Barkes filed a civil lawsuit last month, claiming the DOC and its medical providers' lack of training to recognize suicidal inmates and properly care for them allowed her husband to hang himself in his cell in November 2004.
Barkes' attorney, Jeffrey K. Martin, said it was "unfortunate that it had to get to this point, but it was absolutely necessary."
Martin has defended several inmates in federal court and complained about medical conditions in state prisons in 2004 to state and federal officials. Yet these problems continue.
"Our lawmakers are unwilling to acknowledge that the leadership within the prison system is woefully deficient, if it exists at all," Martin said. "It's my hope that the federal government will come in and look at our prison from top to bottom and make the appropriate recommendations for change."
www.delawareonline.com/apps/pbcs.dll/article?AID=/20060309/NEWS/603090382