|
Alachua
County Jail
Gainesville, Florida
First Correctional Medical
January 13, 2005 WCJB TV20
An Alachua County inmate was still warm to the touch
Wednesday when Alachua County Sheriff's deputies found him dead in his cell.
Investigators say it was an apparent suicide raising questions about mental
health care at the jail.
American
Corrective Counseling Services
November 2, 2007 Public Citizen
In a ruling that could have widespread implications for the accountability of
private government contractors, the U.S. Court of Appeals for the Eleventh
Circuit ruled Thursday that a private, for-profit debt collector that operates
as a contractor for local prosecutors cannot claim sovereign immunity from
lawsuits. The company, American Corrective Counseling Services, Inc. (ACCS), is
a so-called “check diversion” company, meaning that it uses its contract with
local prosecutors to threaten consumers who have written bad checks with
criminal prosecution or jail unless they pay the company exorbitant collection
fees. The company then gives the prosecutors a share of the profits. In the
suit, Rosario v. ACCS, Florida consumers claimed that ACCS’s threats of
prosecution violated their rights under state and federal consumer protection
laws. In November 2006, a federal district court ruled that ACCS had the same
sovereign immunity as does the state, because ACCS is a state contractor. Public
Citizen represents the Florida consumer plaintiffs. The appellate court on
Thursday disagreed with the district court, concluding that giving the private
company sovereign immunity would contradict precedent and create an extensive
new immunity defense for private government contractors in all sectors. The
court noted that attorneys in prosecutors’ offices do not review the cases
before ACCS threatens consumers with prosecution, and that the prosecutors
exercise virtually no control over ACCS. Sovereign immunity, the court said,
“has never been held to apply simply because an independent contractor performs
some government function.” “This decision has broad implications for
government-employed contractors of all stripes,” said Deepak Gupta, the Public
Citizen attorney who argued the case. “From debt collectors and private prisons
to Blackwater in Iraq, the court made clear that private contractors will remain
responsible for their actions and can’t hide behind the cloak of sovereign
immunity.” The case will now go back to the district level so the court can
decide the merits of the suit.
Apalachicola Forest
Youth Camp
Liberty County, Florida
Twin Oaks Juvenile Development, Inc
March 14, 2007 AP
Four state agencies are looking into reports of abuse at a Department of
Children & Families contracted facility that holds mentally ill and disabled
juvenile delinquents who aren't competent to stand trial. It's believed an
employee used excess force Feb. 28 while grabbing a child and transferring him
to a "time out" room, but he was not severely injured, said Agency for Health
Care Administration Secretary Andrew Agwunobi. Another boy's arm was broken
during a conflict with employees March 6 at the Liberty County facility managed
by Twin Oaks Juvenile Development, Inc., said Florida Department of Law
Enforcement Commissioner Gerald Bailey. Both boys are 14 years old, said
Department of Children & Families Secretary Bob Butterworth. The first boy is
from Broward County and the boy who broke his arm is from Indian River County.
Phillpe Davidson was fired after the first event and Anthony Vowell and John
Davis were placed on leave after the second, according to DCF. The Apalachicola
Forest Youth Camp was almost shut down after the Agency for Health Care
Administration, which licenses the facility, reviewed the cases. The agency
agreed to keep it open after DCF assigned staff to monitor the facility 24 hours
each day, Agwunobi said.
Avon
Park Youth Academy
Polk County, Florida
Securicor New Century
March 2, 2001 AP
Two teenage boys escaped from the Avon Park Youth Academy early Thursday
morning, but were captured when they became disoriented while sailing a skiff on
Lake Butler and landed on a shore where authorities just happened to be looking
for them. Polk county sheriff's spokeswoman Michael Shanley said the pair walked
away from the facility around 4:30 a.m. and climbed a fence to get to freedom.
The academy, a Florida department of Juvenile Justice program operated by a
private juvenile corrections firm, has 212 beds and houses moderate-risk male
offenders ages 16-18.
Bartow
Boot Camp
Bartow, Florida
EMSA Correctional Care Inc.
July 16, 2003 The Ledger
The three teens who escaped from the Bartow Youth Training Center on Thursday
afternoon were caught about 12 hours later five miles away, the Polk County
Sheriff's Office reported Friday. Terry Walker, 14, of Apopka, Gerald
Rouse, 14, of Clearwater, and Anthony Schwebel, 17, of Titusville, were caught
about 12 a.m. Friday on Snell and Alturas Babson Park Cutoff roads, said Michal
Shanley, spokeswoman for the Sheriff's Office. The teens had been on the
run since about 12:40 p.m. Thursday, when they climbed over a fence and then ran
into woods that surround the facility. The Sheriff's Office called off the
search about 5 p.m. But a resident called to report seeing the teens late
Thursday, and the search resumed. Deputies used a helicopter and dogs to
search through the area's citrus groves. All three teens were taken to the
Juvenile Assessment Center, where minors are taken when arrested. Shanley
said Walker, Rouse and Schwebel each face a felony escape charge. The
Bartow Youth Training Center is on 240 acres just east of Homeland on
Homeland-Garfield Road. The residential, 50-bed facility houses high-risk
and serious habitual offender juveniles. It was not known why or for how
long the teens were at the detention facility. In February, the Florida
Department of Juvenile Justice awarded a contract to Ramsay Youth Services Inc.
to operate the center. The three-year contract is expected to generate
more than $2 million in annual revenue, the company said.
October 8, 2001 Tallahassee
Democrat
By all accounts, Chad Franza was a troubled boy, but he didn't deserve to die
the way he did. The 16-year-old, confined to a juvenile boot camp in
Bartow for a series of run-ins with the law, hanged himself with his boot
laces. Just 24 days after he entered the boot camp, Chad decided he could
no longer endure the isolation from his family and the tough conditions.
His suicide more than three years ago still haunts his parents, Joseph and
Mylinda Franza of Avon Park. "It was the worst day of my life,"
his father said. Hours before Chad took his life, his parents stopped at
the boot camp to see their son. "They wouldn't let us," Joseph Franza
said. Chad's parents have sued the state Department of Juvenile Justice,
Polk County Sheriff Lawrence Crow and EMSA Correctional Care Inc., which had a
contract to provide physical and mental health care services for the boot
camp.
Bay County
Correctional Facility
Panama City, Florida
CCA
May 7, 2009 News Herald
Corrections Corporation of America is cutting 52 positions from the Bay
Correctional Facility, officials said Thursday. "While some of these positions
are currently vacant, there are 29 employees who will be affected by this staff
restructuring," Nashville, Tenn.-based CCA management said in a news release.
The layoffs primarily will affect instructors and counselors at the facility but
also will impact some correctional officers and support staff, officials said.
The cuts are expected to take place May 24. Prison officials added they are
assessing which programs will be axed because of the layoffs. Officials said
safety at the medium-security prison will not be affected by the cuts. "This
reduction in force is a painful but necessary action in response to the state's
ongoing fiscal challenges and the budgetary actions taken to date," Warden Bill
Spivey said in a news release. "We will work closely with our affected employees
who wish to continue their careers with CCA to identify transfer opportunities
at one of the company's other 63 facilities operated nationwide. "It is our
sincere hope that the economic health of the state will improve such that these
employees and the important programs and services they provide can be restored,"
Spivey said.
April 2, 2009 News-Herald
A prison corrections officer was arrested Thursday after she allegedly smuggled
contraband in to an inmate she had established a relationship with. Sonja Ann
Powell, of Bonifay, was arrested on charges of smuggling contraband into a
correctional facility, according to Bay County Sheriff's Office officials.
Authorities said Powell, 35, a corrections officer at the privately run Bay
Correctional Facility, reportedly smuggled a cell phone to Francis Marshall and
Frank Gomez, two inmates at Bay Correctional Facility. Officials said
investigators discovered information indicating Powell and Marshall had become
involved. "Messages that we were able to get from them would indicate they had a
very strong friendship with an emotional attachment," Bay County Spokeswoman
Ruth Corley said. Officials said Marshall and Gomez are members of a gang called
the Latin Mafia and used the cell phone to talk with a former guard at the
institution and a woman with whom Gomez had established a relationship. The
phone was allegedly used to send nude photos of the inmates and to receive nude
photos of others. Officials said Marshall will face an additional charge of
possession of contraband in a state correctional facility. Gomez will face two
counts of the same charge.
November 25, 2008 WMBB TV13
Bay County Sheriff Frank McKeithen announces the arrest of a prison guard,
Kennedy Eugene Patterson, B/M, 08/14/1970, of 734 Redwood Avenue, Panama City;
FL. Patterson was employed by Corrections Corporation of America. Investigators
arrested Patterson today for Trafficking in Hydrocodone and Attempted
Introduction of Contraband in a Correctional Facility. Also arrested was
Patterson’s girlfriend, Latisha Lanetta Ward, B/F, 06/04/1979, 607 East 7th
Street, Panama City, FL. Investigators received information from a CCA staff
member that Patterson was involved in smuggling contraband into the prison to
inmates. Investigators out of the Special Investigations Division were working
in an undercover capacity. Along with an informant, they were able to set up a
meeting with Patterson where he agreed to smuggle several ounces of Marijuana
into an inmate along with Hydrocodone for an exchange of $800.00. Patterson and
Ward were booked into the Bay County Jail today and will make first appearance
on the charges tomorrow.
November 15, 2008 Courier-Journal
A judge has ordered McDonald's Corp. to pay $2.4 million in attorney fees and
costs to Louise Ogborn, the Bullitt County woman who last year won a $6.1
million verdict in her strip-search hoax lawsuit against the company. Citing
Ogborn's lawyers' "incredible success," Senior Judge Tom McDonald approved fees
of $934,325 for the lead trial lawyer, Ann Oldfather, and $311,250 to Kirsten
Daniel, her co-counsel, as well as $25,000 in sanctions against McDonald's for
misconduct in the litigation. Daniel said yesterday that she and Oldfather were
ecstatic about the award. "We got everything we asked for," she said. Margaret
Keane, a partner at Greenebaum Doll & McDonald, which defended the restaurant
company, declined to comment, and a spokesman for McDonald's didn't respond to a
request for comment. The fees were awarded to Ogborn on top of the October 2007
verdict, under a provision of the Kentucky Civil Rights Act designed to promote
vigorous advocacy for plaintiffs. She now can use that money to satisfy all or
some of what she owes to her lawyers under their employment contracts. Specifics
about those contracts have not been made public. McDonald's had vigorously
protested the fee request, saying Ogborn's lawyers couldn't have possibly worked
the hours they claimed. But Judge McDonald, who oversaw the trial in Bullitt
Circuit Court, said that if the plaintiff's lawyers worked long hours, it was
because the company forced them to, by fiercely contesting every motion and
delving so deeply into Ogborn's private life. "McDonald's should not be heard to
complain now that the plaintiff's counsel worked too hard, when, to a large
degree, those decisions were driven by McDonald's," the judge said. Oldfather
has said that McDonald's disclosed that it spent about $3.6 million on fees
defending itself. The judge also rejected the company's motion to stipulate that
a portion of the fees and costs be paid by the person who made the hoax calls,
noting that the jury did not return a verdict against him. Ogborn, a teenager
who worked for $6.35 an hour at McDonald's Mount Washington store, was detained,
stripped and sexually assaulted on April 9, 2004, at the behest of a caller who
pretended he was a police officer and accused her of stealing a customer's
purse. She sued the company, saying it failed to protect her, though company
officials knew of dozens of similar episodes at its stores and other fast-food
restaurants. After a four-week trial, a Bullitt Circuit Court jury returned a
verdict that included $5 million in punitive damages. McDonald's has appealed,
and the case is pending at the Kentucky Court of Appeals. Keane argued for the
company that Ogborn's lawyers achieved only limited success at trial because
they had asked the jury for $100 million in damages. But Judge McDonald said
"the jury placed the blame squarely at McDonald's corporate feet," and that the
$1 million awarded to Ogborn in compensatory damages was five times higher than
a Bullitt County jury had ever returned in a similar case. The judge also said
that if Oldfather hadn't asked for $100 million, "who can say that without that
large an amount the jury may not have ended up where it did?" The court's order
included $212,000 to two lawyers who formerly worked with Oldfather -- Lea
Player and Doug Morris -- and $173,000 to Bill Boone and Steve Yater, two
lawyers who originally filed the suit but were later fired by Ogborn. McDonald
also ordered the fast-food company to reimburse Ogborn's lawyers for $495,000 in
expenses. The sensational hoax case captured national attention. Stripped of her
clothes and able to cover herself only with a store apron, Ogborn was forced to
spend hours in the restaurant office, as a security camera recorded her
humiliation. Ogborn was detained by an assistant manager, Donna Jean Summers,
who said a man claiming to be a police officer had called and accused an
employee resembling Ogborn of theft. Summers subsequently called her
then-fiancé, Walter Wes Nix Jr., who sexually abused Ogborn at the caller's
direction. McDonald's claimed it bore no responsibility for what happened to
Ogborn and that the blame lay with others, including the caller, Nix, Summers
and Ogborn herself. She was one of dozens of victims of a hoax caller who over
more than a decade duped managers at as many as 160 fast-food restaurants and
other stores into strip-searching and sexually humiliating employees. Many of
those workers sued their employers, but Ogborn's suit was the first whose case
went to trial. Nix was later convicted of sexual abuse and other crimes and
sentenced to five years in prison. Summers entered an Alford plea to misdemeanor
unlawful imprisonment, meaning she asserted her innocence while acknowledging
there was enough evidence to convict her. She was placed on probation. Summers
joined in Ogborn's suit against McDonald's, saying she was tarnished with a
criminal conviction because the company had failed to warn her and other
employees about the hoax calls. The jury awarded Summers $1.1 million. The
caller was never brought to justice. A Bullitt County jury in 2006 acquitted
David R. Stewart, a former private prison guard from the Florida panhandle, in
the case. He'd been charged with impersonating an officer and soliciting sexual
abuse for calling the Mount Washington store. Law enforcement officers said at
the time that they suspected him of making the other calls as well.
February 2, 2007 AP
Private prisons operating under lease-purchase agreements with the state
will remain exempt from paying millions of dollars in local property taxes after
the Florida Supreme Court reversed course Thursday and let stand an appellate
decision. The justices earlier had agreed to consider an appeal by Bay County,
but wrote in a unanimous, three-sentence opinion that they had changed their
minds “because the circumstances of this case are fact-specific.” “What does
that mean?” Bay County Property Appraiser Rick Barnett asked after consulting
with his lawyer. “We can’t figure that out.” One thing it will mean is that Bay
County cannot collect $2.27 million in taxes dating back to 1996. Officials had
sought the money from Corrections Corporation of America, based in Nashville-Tenn.,
which runs the Bay County Correctional Facility under a contract with the state.
The case was being closely watched by officials in other jurisdictions with
private state prisons. CCA also operates correctional facilities in Lake City
and Quincy. Another company, GEO Group of Boca Raton, runs the Moore Haven and
Southbay correctional facilities and has a contract for a new one at Graceville.
“Why would they not have to pay and all the other private corporations do?”
Barnett asked. A three-judge panel of the 1st District Court of Appeal
unanimously answered that question last year by ruling lease-purchase prison
property is exempt from taxes because “the state is the equitable owner.” The
appellate judges, though, agreed to certify the issue to the Supreme Court as a
question of great public importance, but the justices now have declined to
accept the case. Barnett and Bay County Tax Collector Peggy Brannon had sued the
Department of Management Services, which inherited private prison contracts from
the now-defunct Correctional Privatization Commission. “The Department is
encouraged by the Supreme Court’s apparent action,” Department Secretary Linda
South said in a statement. “We have always maintained that state’s prison
properties, like all other state property, are immune from ad valorem taxation.”
In a related case, the Supreme Court in November reinstated a suit by the
department seeking to overturn the auctioning of the Lake City Correctional
Facility for failure to pay property taxes in Columbia County. A trial judge had
upheld the tax deed sale because the state missed a filing deadline, but the
Supreme Court reversed. The justices ruled the state is exempt from a law that
requires “taxpayers” to challenge assessments within 60 days after they are
certified. A couple and their two daughters had paid $132,313 for a tax deed to
the multi-million-dollar prison.
November 1, 2006 AP
Prosecutors couldn’t convince a central Kentucky jury to convict a Bay County
man accused of making a hoax phone call that lasted 3½ hours and ended in a
bizarre sexual assault of a teenage McDonald’s worker. The jury on Tuesday
acquitted David R. Stewart, 38, of Fountain, on charges of impersonating a
police officer, soliciting sodomy and soliciting sexual abuse relating to a
phone call made to the Mount Washington, Ky., restaurant in which former
employees testified that the caller told them to conduct a strip-search of a
worker in April 2004. Steve Romines, Stewart’s lawyer, said the jury’s verdict
showed the weakness of the prosecution’s case. “There are a lot of questions
unanswered in this case,” he said. “The only thing I knew for sure was my client
didn’t do it.”
October 31, 2006 The Courier-Journal
Bullitt County Commonwealth’s Attorney Mike Mann implored jurors Tuesday to
“follow the evidence” and convict a Florida man charged with being the
mastermind behind an elaborate hoax that led to a McDonald’s worker being
strip-searched and sexually humiliated. “It’s so obvious,” Mann told jurors in
his closing arguments this morning. “There is more than enough evidence to find
the defendant guilty.” An hour earlier, defense attorney Steve Romines said his
client, David R. Stewart, was the “fall guy” for a botched police investigation.
“They came to a conclusion then went about looking for facts to support it,”
said Romines, who also told jurors that there was more evidence that this hoax
was itself a “scam.” “There’s not even proof beyond a reasonable doubt that this
is real,” he said. Stewart is accused of calling the restaurant on April 9,
2004, and directing an assistant manager to search and detain Louise Ogborn, who
the caller said was accused of stealing a purse. During a 3½ ordeal after that,
Ogborn was sexually abused by the manager’s then-fiancé, who later pled guilty
but said he’d been acting on the orders of a caller posing as an officer.
Stewart, charged with impersonating a police officer and soliciting sodomy,
faces up to 15 years in prison on the two felony charges.
October 22, 2006 News Herald
The 19-year-old woman stripped naked in front of her boss in the manager’s room
at the Winn-Dixie on 23rd Street more than three years ago because a voice on
the phone said so. The teenager posed. She exposed. She did jumping jacks nude.
For nearly two hours, a man who said he was a police officer orchestrated her
humiliation over the phone. The voice told the girl’s boss, assistant manager
James Marvin Pate, that she stole a purse. Police believe the man on the phone
was David R. Stewart, of Fountain, said Sgt. Kevin Miller, of the Panama City
Police Department. Authorities said Stewart, 39, made dozens of calls like this
across the country for several years. The phone hoaxes sparked lawsuits against
restaurant franchisees and chains like McDonald’s, Burger King and Applebee’s.
Stewart’s first trial is scheduled to begin Tuesday in Mount Washington, Ky. In
the Kentucky case, Stewart is accused of calling a McDonald’s on April 9, 2004,
and posing as a police officer. Police said he told McDonald’s assistant manager
Donna Summers a story similar to what the voice told the manager at the Panama
City Winn-Dixie: He said a teenage female employee, Louise Ogborn, had stolen a
purse and that she needed to be strip-searched. Summers and her ex-boyfriend,
Walter Nix Jr., strip-searched Ogborn for about four hours, police said. Nix
also had Ogborn perform sexual acts on him — all at the request of the caller.
Mount Washington authorities charged Stewart with three counts of solicitation
to commit sexual abuse, first degree; solicitation to commit sodomy, first
degree; impersonating a police officer; and solicitation unlawful imprisonment,
second degree. Incidents since the ’90s: Authorities said Stewart has peppered
the country with calls dating back to the mid-1990s, mostly to chain
restaurants. Usually, the man calls, identifies himself as a police officer, and
says a female employee has drugs or has stolen something and must be
strip-searched. In Panama City, the nightmare for a 19-year-old cashier began on
July 12, 2003, at Winn-Dixie, when a fellow employee told her to report to the
manager’s office, according to a PCPD incident report. According to the police
report, which blacked out the name of the victim, what happened next lasted
nearly two hours: Assistant manager Pate, 39, was waiting and handed her the
phone. On the line was a man who said he was Officer Tim Peterson with the
Panama City Police Department. The voice said she stole a purse and gave her two
choices: Either strip naked in front of Pate or be brought down to the jail,
where she’d be strip-searched in front of a lot more people. The voice also said
Pate had the authority to keep her there and strip-search her, while the voice
verified everything over the phone. The cashier agreed. Pate told her what to
take off, and she complied out of fear of being taken to jail. She placed each
item of clothing in a plastic bag. Pate described the cashier’s naked body in
intimate detail to the voice on the phone, according to the police report. The
voice commanded the cashier to pose in various positions that exposed her
breasts, anal and vaginal areas to Pate. Toward the end of the woman’s ordeal,
grocery manager Thomas Moton, 49, entered the office looking for a a key to
unload a truck at the store’s rear dock. When he entered, the cashier was doing
jumping jacks, and Pate had the receiver to his ear. “Pate said the boss is on
the phone,” Moton said. “I thought the store manager was on the phone.” Moton
said he thought something wasn’t right. He wanted to get the other assistant
manager, but Pate said the voice on the phone told him to stay. The cashier went
through several poses, Moton said. “She was bending over, sitting in a chair and
doing jumping jacks,” he said. When the woman finally was allowed to leave, she
put her clothes on and rushed out the door. Moton mentioned to Pate that “if
this ain’t what it’s supposed to be, then you are out of here.” A short time
later, police tore into the parking lot and hauled off Pate in handcuffs. Police
charged Pate with lewd and lascivious behavior and false imprisonment. The
charges eventually were dropped, Miller said. Moton said he never saw the
cashier again after that night. “I didn’t even want to look her in face,” he
said. “It was so embarrassing.” Police track the caller: The caller contacted
several Wendy’s restaurants on Feb. 20, 2004, in the West Bridgewater, Mass.,
area, said Detective Sgt. Victor Flaherty of the West Bridgewater Police
Department. West Bridge water is a suburb of Boston. “We had four incidents in
one night,” Flaherty said. “Some conversations lasted more than an hour and a
half.” Like the others, calls involved strip-searches of female employees,
Flaherty said. By this time, however, the trail was leading back to Stewart,
authorities said. After a story appeared in a restaurant industry magazine about
what happened in West Bridgewater, Flaherty was flooded with calls from police
agencies across the country. Detective Buddy Stump of the Mount Washington
Police Department called Flaherty. Stump was looking for help tracing the call
to the McDonald’s where Ogborn was strip-searched. Flaherty traced the calls
made to West Bridgewater back to the Panama City area. He called the Panama City
Police Department and asked for help, Miller said. Andrea McKenzie, a former
detective with the PCPD and now an investigator with the state attorney’s
office, helped link Stewart to the calls. McKenzie said she fielded calls from
police agencies all over the country. “It was kind of shocking,” she said.
“People said the phone number was coming from the Panama City area.” When the
investigation uncovered that some of the calls were made using a phone card,
authorities got the break they needed. “Nothing in this world is untraceable, if
you put the time into it,” Flaherty said. McKenzie tracked the date and time of
when the phone cards were bought to the Wal-Mart on 23rd Street. She pulled
security video. On the video was a man wearing a uniform from the local jail run
by Corrections Corporation of America, McKenzie said. Stewart was identified as
the jail guard shown on the video, authorities said, and police brought him to
the PCPD to be interrogated by Flaherty, who flew in from Massachusetts. When
police arrested Stewart, they found numerous police magazines and applications
to police departments, Miller said. “This guy wanted to be a cop in the worst
way,” Flaherty said. Stewart’s attorney, Steve Romines, said there is no way his
client could have been the voice on the phone. “To talk someone into this — it
is someone more eloquent than David (Stewart),” Romines said. “He’s not dumb,
but this was very sophisticated.” Flaherty disagreed with Romines’ assessment.
“I’ve been doing this for 20 years, and there is no doubt in my mind” that
Stewart did it, Flaherty said. Authorities eventually extradited Stewart in the
fall 2004 from Bay County to Mount Washington to stand trial. Panama City police
didn’t go after Stewart because they couldn’t link him to the call to the
Winn-Dixie, Miller said. Other states, meanwhile, are awaiting the outcome of
the Kentucky trial before pursuing legal action against Stewart, Flaherty said.
“Oregon is still interested in him,” Flaherty said. “In Massachusetts, I
consider it a rape by him.”
August 25, 2006 The Courier-Journal
Nearly half of Bullitt County residents think that David Stewart is guilty
of masterminding the telephone hoax at the Mount Washington McDonald’s in which
a teenage employee was strip-searched and sexually humiliated in April 2004,
according to survey conducted to support Stewart’s motion to move his trial. But
Bullitt Circuit Judge Thomas Waller indicated Friday he will deny the motion and
try to empanel an impartial jury on Oct. 24, when the case is set for trial.
Stewart is charged with impersonating a police officer and soliciting sodomy for
allegedly calling the restaurant and pretending to be a police officer
investigating a theft. As a result of the call, employee Louise Ogborn, then 18,
was forced to take off her clothes and sodomize a man that Stewart allegedly
asked to watch her. Stewart’s lawyer, Steve Romines, asked for a change of
venue, citing numerous newspaper and TV stories that have mentioned Stewart is
suspected of making calls to as many as 70 other restaurants and stores in 30
states. He hasn’t been charged in any of those incidents, and Romines said
evidence concerning them would be inadmissible at Stewart’s trial. Stewart, a
former corrections officer at a private prison near Panama City, Fla., attended
a hearing before Waller yesterday but did not speak in court. Romines declined
to let him answer questions from reporters.
June 17, 2006 AP
Detective Buddy Stump couldn't believe the story being told. A teenage worker at
the local McDonald's had been strip-searched and sexually assaulted by
co-workers. The co-workers said a policeman called the restaurant, described the
girl and directed them about what to do. "I'm thinking, 'They told you to do
what?'" said Stump, one of 16 police officers in Mount Washington and the
department's only detective. The investigation that grew from that night would
lead to a plea by a former employee of McDonald's, and the arrest of a Florida
man on charges of impersonating a police officer and soliciting sodomy. The
trial of David R. Stewart, 38, of Florida, was previously scheduled to begin
this week but has been postponed to Sept. 5. In handwritten court filings,
Stewart denies being the hoax caller. He is free on $50,000 cash bond. Mailings
to the Bullitt Circuit Court indicate he is still living in Florida. "I had
nothing to do with any of this," Stewart said. "I did not do this." A judge has
ordered the attorneys involved in the case not to discuss it publicly before the
trial. Stump and other investigators in states from Maine to Wyoming to Arizona
say they believe their investigation stopped a cruel and bizarre series of
hoaxes. Private investigator R.A. Dawson of Rapid City, S.D., who investigated a
similar incident, said he had found 70 other cases resembling the one in
Kentucky. "The M-O's were all similar," Dawson said. "And, they seemed to get
increasingly worse." In court filings, McDonald's has denied any wrongdoing, but
has declined to comment on the case, citing a pending civil case.
February 22, 2006 Courier-Journal
The assistant manager who led the April 2004 strip-search of a teenager at a
Bullitt County McDonald's received probation yesterday after the victim said she
thought the manager was duped and was herself a victim. Over the prosecutor's
objection, Donna Jean Summers was placed on one year's probation by Bullitt
District Court Judge Rebecca Ward. The county attorney's office had asked that
Summers be jailed for a year. Summers entered an Alford plea to misdemeanor
unlawful imprisonment, meaning she maintained her innocence while acknowledging
there was enough evidence to convict her. Ward said a jury, which was scheduled
to hear the case today, probably would have convicted Summers and recommended
that she be incarcerated. But the judge said she accepted victim Louise Ogborn's
recommendation for leniency to spare Ogborn from testifying, saying "she's
already gone though a lot." Summers detained Ogborn, then 18, and took away her
clothes after a man pretending to be a police officer called the Mount
Washington fast-food restaurant and said an employee resembling Ogborn had taken
a customer's purse. Despite the disposition, Summers left the courthouse in
tears, saying she still holds McDonald's responsible for failing to warn
employees of strip-search hoaxes at its other restaurants. She has said she
never would have detained Ogborn had she known of previous hoaxes. Ward said she
was imposing probation in part because Ogborn still must testify against the man
charged with making the phone call, David N. Stewart, a former private prison
guard from Fountain, Fla. Stewart is scheduled to be tried April 18 in Bullitt
County on charges of impersonating a police officer and soliciting sodomy.
Law-enforcement officials have said they suspect Stewart was behind at least 69
other hoaxes at businesses in 32 states from 1995 through 2004. He has been
charged only in Bullitt County and has pleaded not guilty. Ogborn was detained
for nearly four hours and was slapped on the buttocks, humiliated and forced to
sodomize Summers' then-fiancé, Walter Nix Jr. Nix pleaded guilty Feb. 2 to
sexual abuse, sexual misconduct and unlawful imprisonment and agreed to a
five-year prison sentence. Summers called off their engagement after she
reviewed a store surveillance video showing what Nix did to Ogborn. Nix also
said he was following the orders of a man he thought was a police officer.
February 4, 2006 Oregonian
A former fast-food worker is suing the owners of a Gresham Burger King
franchise because she claims her supervisor ordered her to undress after
accusing her of theft two years ago. The supervisor told police he was following
the instructions of a caller who claimed he was a police officer investigating
theft. In fact, the caller is suspected of pulling a similar scam on dozens of
workers at restaurants and other stores across the country for a decade. Last
year, police arrested David R. Stewart, a former private corrections officer
from Florida. Stewart faces charges in Kentucky, although he is suspected of
making calls around the country, according to an article in the Courier-Journal
in Louisville, Ky. Officer Grant McCormick, spokesman for the Gresham Police
Department, said there was no active investigation since the arrest. The
lawsuit, which was filed Wednesday in Multnomah County Circuit Court, describes
a typical version of the scam: The plaintiff, who was a minor, finished her
shift at the Burger King at 990 N.W. Eastman Parkway about 8:45 p.m. in February
2004. She was with her mother in the parking lot when the manager approached and
told her to return to the restaurant. The manager told the girl's mother to wait
outside. Then he brought the plaintiff into his office where he accused her of
stealing $50 from a customer and said a police officer was on the phone and
needed to speak with her. The plaintiff "spoke with the caller . . . and then
was instructed to hand the phone back to (the manager, who) then instructed (the
plaintiff) to begin disrobing and gave her a bag in which to place her clothing.
The caller instructed (the plaintiff) to remove all her clothing, including her
bra and panties, and she complied while (the manager) stood by. After she was
completely undressed and all her clothes were in the bag, (the manager) again
spoke with the caller and described how (the plaintiff) was sitting and further
advised the caller that her legs were closed. The caller instructed (the
plaintiff) to open her legs so that (the manager) could see between them, but
(the plaintiff) refused to do this," according to the suit. After 45 minutes,
the plaintiff's mother came in and told her daughter to get dressed and leave.
February 2, 2006 Courier-Journal
The Bullitt County man who claimed he thought he was following a police
officer’s orders when he sexually humiliated a teenaged McDonald’s worker in
April 2004 pleaded guilty this morning to sexual abuse, sexual misconduct and
unlawful imprisonment. A charge of sodomy, which could have sent Walter W. Nix
Jr., to prison for 20 years, was dropped as part of a plea bargain to which he
agreed to a five-year prison term. Nix, who will be formally sentenced on March
15, agreed not to seek probation at sentencing, and Commonwealth’s Attorney Mike
Mann agreed to take no position on shock probation, which could be granted
later. Nix is the first person to be convicted in the 2004 hoax at the Mount
Washington McDonald’s in which Louise Ogborn, a $6.35 hour counter worker, was
strip-searched and sexually humiliated for nearly four hours after a man
pretending to be a police officer called the store and said he was investigating
the theft of a purse from a customer. Nix, 43, was scheduled to be tried today
before Bullitt Circuit Judge Tom Waller. The judge asked Ogborn if she supported
the plea bargain and if so why. She said she did because it will require Nix to
serve time in prison, to register as a sex offender and to testify against David
N. Stewart, the alleged perpetrator of the hoax. Stewart, a former private
prison guard from Fountain, Fla., is scheduled to be tried April 18 on charges
of impersonating a police officer and soliciting sodomy for allegedly making the
hoax call. Law enforcement officials have said they suspect Stewart was behind
at least 69 other hoaxes at businesses in 32 states from 1995 through 2004. He
has been charged only in Bullitt County, and has pleaded not guilty.
December 7, 2005 Courier-Journal
The trials of the three people charged in connection with the sexual humiliation
of a teenage McDonald's employee in Bullitt County during a hoax last year have
been postponed: David N. Stewart, 38, of Fountain, Fla., who was scheduled to
stand trial Dec. 13 in Bullitt Circuit Court on charges of impersonating a
police officer and soliciting sodomy, now will be tried on April 18. Walter W.
Nix, 43, who also was scheduled for trial Dec. 13 on charges of sodomy and
assault, has been rescheduled for trial Feb. 1. Donna Jean Summers, 51, who is
charged with unlawful imprisonment, a misdemeanor, and was to be tried today, is
set for trial Feb. 22. All three have pleaded not guilty. Stewart is accused of
calling the Mount Washington restaurant on April 9, 2004, and, while pretending
to be a police officer investigating a theft, inducing Summers, a McDonald's
assistant manager, to strip-search Louise Ogborn, then 18. Summers later called
Nix, her fiance at the time, to the store to watch Ogborn. Nix has admitted in
court that he forced Ogborn to sodomize him and engage in humiliating exercises,
but he has said he was following the orders of the caller, who he thought was a
police officer. Summers, who was fired, also has said that she was following
orders, and that McDonald's is at fault for having failed to alert employees
about similar hoaxes at stores. Stewart, a former private prison guard, is
suspected by law enforcement officers of pulling similar hoaxes at 69 other
businesses from 1995 through last year, but so far he has been charged only in
Bullitt County.
November 17, 2005 In-Forum News
The suspected mastermind behind strip searches of employees at chain restaurants
and stores nationwide - including one at a north Fargo Burger King - faces
felony charges in Kentucky for a hoax there. Authorities arrested David Richard
Stewart of Panama City, Fla., after tracking a call from a Wal-Mart to Kentucky,
where an18-year-old McDonald's employee was sexually abused last year when an
assistant manager followed directions from a caller. Court papers state Stewart,
38, posed as "Officer Scott" when calling the McDonald's in Mount
Washington. He convinced the assistant manager to strip-search the woman, who
Scott said was suspected of stealing. The call resembles one made to the Fargo
Burger King on 19th Avenue North in January 1999. The caller, posing as
"Lieutenant Scott," convinced then-night manager Jason Allan Krein to
strip-search a 17-year-old female employee in his office. Krein later pleaded
guilty to disorderly conduct, a misdemeanor, and served 30 days in jail. In
Kentucky, the assistant manager and her boyfriend also face charges for the
McDonald's strip search. The assistant manager faces an unlawful imprisonment
charge while her boyfriend faces sexual abuse and sodomy crimes. Authorities
charged Stewart with impersonating a police officer and soliciting each of the
other crimes. The suspects all pleaded not guilty and face trials next month.
"It was a horrible, horrible ordeal that this young lady had to go
through," said Walt Sholar, the Bullitt County, Ky., attorney handling one
of the cases. Nationwide, Sholar said there are about 70 cases similar to the
ones in Kentucky and Fargo. Dozens of police departments have contacted Mount
Washington authorities convinced they arrested their suspect. "I have no
doubt in my mind that he's been the one behind all of them," Mount
Washington Police Detective Buddy Stump said. "For the sake of the rest of
the country, I hope and pray that it is." Stump broke the case open after
the city told him to find the caller. "We realized how many people have
been affected across the United States," he said. "I thought it was my
duty." With help from detectives in Massachusetts and Florida, Stump zeroed
in on a surveillance video at one of Panama City's three Wal-Marts. Once they
had the guy's image, they tracked Stewart to a private prison company where he
worked. Stewart remains free on bond until his trial. Calls to a phone listing
for David Stewart in Panama City went unanswered. In January 1999, a man called
six Fargo businesses- two Burger Kings, three Taco Bells and Payless Shoe Store
- in an attempt to convince managers to strip-search female employees. At the
north Fargo Burger King, Krein went along with the caller's demands, undressing
the employee and touching her legs to describe them to the caller. At Krein's
court hearing, East Central District Judge Georgia Dawson said "it's just
not conceivable" for Krein to think the search was proper. Fargo attorney
Adam Hamm, a prosecutor then, told Dawson the girl was traumatized for months.
"Of all the cases I prosecuted, this was one of the cases that burned
itself into my memory," Hamm said. "I have always wondered if I made
the right decision in charging Jason Krein with the charge." Hamm said he
prepared a more serious charge against Krein but balked at filing it because of
how state law defines sexual contact. "I knew I could prove the misdemeanor
and at some level he had to be held responsible," Hamm said. After the
Fargo strip search, the girl and her parents sued Burger King, owned by RED Inc.
in Grand Forks, N.D. The case was settled in mediation, according to those
familiar with the case. Details of the settlement are not public. Krein moved to
Wisconsin and could not be reached for comment. Fargo Lt. Tod Dahle recalls the
Burger King search because police tracked one call to a Florida pay phone and
the caller posed as a Fargo officer. After the incident, Fargo police received
reports of similar incidents in Grand Forks, Devils Lake, N.D., Watertown, S.D.,
and Virginia and Wisconsin. "Ever since that happened, I probably got a
call about that case every three months," he said. "Of course, I'd
learn it happened somewhere else." With Stewart's arrest, Dahle said Fargo
police will ask prosecutors to review the case to determine if charges can be
filed against Stewart. "I think to some degree, the people (managers)
wanted to participate," Dahle said. "I don't think we'll ever know how
many times this guy (Stewart) was told no."
November 3, 2005 Courier-Journal
The Bullitt County man who claimed a hoax caller duped him into sexually
humiliating a teenage McDonald's employee at the restaurant last year apologized
to his victim yesterday and said he was ashamed of what he did. "I had no
intention of hurting anyone," Walter W. Nix Jr., 43, said in Bullitt
Circuit Court to Louise Ogborn, whom he forced to sodomize him in April 2004.
Nix has said he was following the orders of the caller, who he thought was a
police officer. But Judge Tom Waller refused to accept a deal in which Nix had
offered to plead guilty to a reduced charge of sexual misconduct and unlawful
imprisonment in exchange for a sentence of one year's probation. Waller let Nix
withdraw his plea and set his trial on charges of sodomy and assault for Dec.
13. That's the same day that David N. Stewart, a former private prison guard
from Fountain, Fla., is scheduled to stand trial on charges of impersonating a
police officer and soliciting sodomy for allegedly perpetrating the hoax during
a call to the Mount Washington restaurant. Law enforcement officials have said
they suspect Stewart was behind at least 69 other hoaxes pulled off at other
businesses in 32 states from 1995 through last year. He has been charged only in
Bullitt County and pleaded not guilty there.
November 2, 2005 Courier-Journal
Bullitt Circuit Judge Tom Waller this morning rejected a plea agreement for a
man who admitted sexually humiliating a teenager who was strip-searched last
year at the Mount Washington McDonald's where she worked. Walter Nix Jr., 43,
pleaded guilty last month to unlawful imprisonment and sexual misconduct as part
of a plea bargain that would have given him one year probation. The deal fell
through after Louise Ogborn, 19, who was forced to sodomize Nix as part of
telephone hoax at the store on April 9, 2004, objected to portions that allowed
Nix to deny wrongdoing and to avoid registering as a sex offender. Judge Waller
set Nix's case for Dec. 13. Ogborn was detained for nearly four hours in the
hoax, which was one of 70 perpetrated in 32 states from 1995 through last year.
A private prison guard, David N. Stewart, of Fountain, Fla., was charged in July
2004 with impersonating a police officer and soliciting sodomy in the Mount
Washington case. He has pleaded not guilty and is set for trial Dec. 13.
November 2, 2005 Courier-Journal
A teenager who was strip-searched in April 2004 at the Mount Washington
McDonald's where she worked is objecting to terms of the plea bargain struck for
the man who admitted sexually humiliating her. As part of the agreement, Walter
Nix Jr., 43, pleaded guilty last month to unlawful imprisonment and sexual
misconduct, and was to be sentenced today in Bullitt Circuit Court to one year's
probation under those charges. But Louise Ogborn, 19, who was forced to sodomize
Nix as part of telephone hoax at the store on April 9, 2004, objects to portions
of the deal that allowed him to deny wrongdoing and to avoid registering as a
sex offender, according to lawyers for both sides. "The deal will not go
through," said William C. Boone Jr., Ogborn's co-counsel. Nix's lawyer,
Kathleen Schmidt, said she will ask Judge Tom Waller to enforce the plea
agreement today. If he doesn't, Nix will have the option of withdrawing his plea
and going to trial, or accepting an agreement with harsher terms. Nix had been
charged with sodomy and assault, which carry penalties of up to 20 years in
prison. Nix has claimed he was duped into humiliating Ogborn by a man who called
the McDonald's pretending to be a police officer investigating a theft. Nix was
engaged at the time to the store's assistant manager, Donna Jean Summers, who,
at the behest of the caller, had taken away Ogborn's clothes before calling Nix
in to help watch the teen. Nix has said the man on the phone ordered him to
direct Ogborn to do exercises in the nude and perform oral sex on him. He said
he also slapped her several times on the buttocks at the direction of the
caller. Ogborn was detained for nearly four hours in the hoax, which was one of
70 perpetrated in 32 states from 1995 through last year. A private prison guard,
David N. Stewart, of Fountain, Fla., was charged in July 2004 with impersonating
a police officer and soliciting sodomy in the Mount Washington case. He has
pleaded not guilty and is set for trial Dec. 13. ABC Primetime is scheduled to
broadcast a segment Nov. 10 about the Mount Washington case, according to Yater,
who said Ogborn was interviewed for it last week by a producer and reporter John
Quinones.
October 11, 2005 Courier-Journal
A Bullitt County man who claimed he was duped into sexually humiliating a
teenage McDonald's worker last year by a man impersonating a police officer
pleaded guilty yesterday to a felony charge of unlawful imprisonment. In a plea
bargain approved by his victim, Walter Nix Jr., 43, will get probation after
agreeing to a one-year term for the felony and for sexual misconduct, a
misdemeanor. He originally was charged with sodomy and assault, for which he
could have been sentenced to 20 years in prison. Bullitt Circuit Judge Tom
Waller tentatively accepted the plea pending formal approval of it by victim
Louise Ogborn at Nix's sentencing, set for Nov. 2. Nix was engaged at the time
to the store's assistant manager, Donna Jean Summers, who asked him to come
watch Ogborn. A man who phoned the store pretending to be a police officer
accused Ogborn of theft and ordered her strip-searched. According to police and
court records, Nix said he thought he was following an officer's orders when he
directed Ogborn, who was detained four hours in the restaurant's office, to do
exercises in the nude and perform oral sex on him. He also slapped her several
times on her buttocks, at the direction of the caller, the records show. The
incident was the focus of a Courier-Journal story Sunday that noted that the
strip-search was among at least 70 performed at fast-food restaurants and other
businesses from 1995 through 2004 at the direction of a caller who claimed he
was investigating crimes. Ogborn agreed to be identified by name in the
newspaper. A private prison guard, David N. Stewart, of Fountain, Fla., was
charged in July 2004 with impersonating a police officer and soliciting sodomy
in the Mount Washington case. He has pleaded not guilty, and his trial is set
for Dec. 13. Summers is charged with unlawful imprisonment, a misdemeanor, and
her trial is scheduled for Dec. 7. She also has pleaded not guilty. Ogborn's
co-counsel, William C. Boone Jr., said his client approved the deal because
"she wants somebody to say they are sorry and for somebody to say she did
nothing wrong," both of which he said Nix has promised to say at
sentencing. "She is tired of McDonald's blaming her for what
happened," Boone said. In a lawsuit, Ogborn has alleged that the company
failed to warn employees at the Mount Washington store about prior strip-search
hoaxes at other restaurants around the country. McDonald's has said in court
papers and through its lawyer that Ogborn was in part responsible because she
failed to realize the caller wasn't a real officer. Nix and Summers were among
at least 13 people across the United States charged with crimes for executing
searches for the caller. Seven have been convicted of various crimes. Stewart so
far has only been charged in the Bullitt County incident.
November 11, 2004 Arizona Republic
A teenage girl who was strip-searched by the manager of a
Taco Bell earlier this year has filed suit against the restaurant chain. The
lawsuit alleges Taco Bell officials were aware of a string of prank calls to
fast-food restaurants across the country where a caller persuaded employees to
do strip searches, but did not adequately update franchises. In the March
incident at 17230 E. Shea Blvd., a male caller claiming to be a Scottsdale
police officer persuaded the Taco Bell manager to body search the girl, a
patron, in a back room. According to the suit, Taco Bell knew of incidents at
restaurants in Wyoming in 2004, Alaska in 2003 and Georgia in 2002 and issued
warnings to franchises, though not enough was done to educate employees.
July 29, 2004 Nation's
Restaurant News
One of the most bizarre and longest-running con games in foodservice may have
ended with the arrest of a prison guard who was charged with duping scores of
restaurant managers over the phone into strip-searching their employees.
The Panama City Police Department was holding David Stewart, a 38-year-old
corrections officer, under a governor's warrant, a kind of fugitive warrant,
until his bid to fight extradition to Mount Washington, Ky., was
exhausted. Stewart, a father of five and a former auxiliary policeman,
worked for the Bay County State Facility, a privately run prison operated by the
Corrections Corp. of America. better know as the CCA. Police in Mount
Washington--a bedroom community of 13,000 residents seven miles from
Louisville--were seeking to interrogate Stewart in connection with an April 9
incident in which a man posing as a cop called a local McDonald's and convinced
a manager to strip-search a young female cashier. Stewart faces a $ 500,000 bond
once he is in the custody of Mount Washington authorities.
Investigators used phone records, calling-card numbers and security surveillance
cameras in a Wal-Mart outside Panama City where the calling cards had been
purchased in order to link Stewart to the assault. Mount Washington is
only one of nearly 73 police departments in 30 or more states whose Burger
Kings, McDonald's, Taco Bells, KFCs, Applebee's, Hooters, Wendy's, Perkins and
dozens of other restaurants were victimized by similar ruses. In almost all
cases the restaurants were located in small towns. As the story first was
reported in Nation's Restaurant News in March, police nationwide had been
looking for a man who posed as a cop or a senior executive of a restaurant
company. He had persuaded as many as 73 unit managers of major brands to
strip-search young staffers in bogus hunts for stolen valuables. The
perpetrator listened in over the phone while the managers were coaxed into
giving detailed descriptions of the hapless victims' underwear and body parts.
The crime had gone largely unreported for years, possibly as far back as 1995,
because the victims and their employers were too embarrassed to report it to
authorities, once they realized they had been duped. Even when they did report
it, most small-town police departments didn't know how to investigate the con,
so police tended to file the reports away under "miscellaneous" and
the cases died. Particularly anxious to interrogate Stewart are detectives
of the police departments of four Massachusetts towns--West Bridgewater,
Abington, Whitman and Wareham--where single Wendy's restaurants were victimized
on the same day this year, Feb 19. One civil lawsuit has come out of those cases
against Dublin, Ohio-based Wendy's International Inc. The four towns
pooled their resources and appointed detective sergeant Victor Flaherty of West
Bridgewater to lead a task force to find the perpetrator. Wendy's financed the
task force's expenses for travel, phone record recalls and overtime.
Flaherty waded through hours of security video footage of calling-card purchases
from the Wal-Mart store until he and other investigators linked a customer to
cards used in the Wendy's incidents in February and an incident at a Kentucky
McDonald's in April. In one tape a man wearing a Corrections Corp. of
America uniform purchased a calling card used in the February assault in
Massachusetts, but other security footage identified the same man in civilian
clothing purchasing a card used in the April con in Kentucky. Flaherty
first showed prison administrators the tape of the man in civilian clothes, and
they immediately recognized him. The clincher occurred when they were shown the
other tape of the suspect wearing his uniform. Supervisors were certain that the
man was one of theirs
January 11, 2004 News Herald
A 26-year-old corrections officer stabbed two sisters — including one who is
pregnant — with a butcher knife early Saturday during an argument over a man,
authorities reported. Investigators charged Cachetta Ann Barnes with two counts
of aggravated assault after the altercation at 4 a.m. at 1013 Spring Ave. An
arrest affidavit said Barnes stabbed 19-year-old Tikila Walker on the left arm.
Tiffany Walker, Tikila’s 24-year-old sister, heard a commotion near the door
and went to Tikila’s aid, the affidavit said. "She started calling my
house around 3 in the morning threatening us," Tiffany Walker told The News
Herald Saturday afternoon. Authorities said Barnes is a corrections officer at
the Bay Correctional Facility on Bayline Drive, a private prison run by
Corrections Corporation of America. CCA officials did not immediately return
phone messages.
Bay
County Jail and Annex
Panama City, Florida
formerly run by
CCA
June 2, 2009 News-Herald
Three nurses who were held hostage at the Bay County jail in 2004 are asking
Florida's First District Court of Appeals to overturn a local judge and find
against Bay County and Corrections Corporation of America. The plaintiffs, Amie
Hunt, Glenda Baker and Kathleen Baucum, are claiming that Nashville-based CCA
should be held liable for the actions of Officer James Clayton Hall. Hall was
breaking CCA rules by allowing more than one inmate out of his cell at a time,
according to a final judgment written by Circuit Judge Hentz McClellan.
McClellan ruled that Hall was concealing this activity from other employees and
his supervisors. "There is no evidence here that CCA knew of the dangerous
situation created by Hall based on prior similar incidents or on explicit
warnings of Hall's actions," McClellan wrote in March. He added that the nurses
are only eligible for monetary claims from CCA and the County under Florida's
Workman's Comp statutes. The case is now being reviewed by Florida's First
District Court of Appeals. Hall, Hunt, Baker and Baucum were held hostage for 11
hours by four inmates. During negotiations all of the hostages except for Hunt
were released in exchange for pizza and a cell phone. The Sheriff's Office's
tactical team stormed into the third floor of the old Bay County Jail and freed
Hunt. However, Hunt was shot three times by deputies in the Sept. 6, 2004
incident. She filed suit for loss of earnings, pain and suffering and medical
expenses incurred. The bullets entered her hip, back and left leg, damaging
bones and vital organs. She survived but had to undergo physical rehabilitation.
The other nurses were not physically injured in the incident. Three of the four
men involved in the takeover, Kevin Nix, James Norton and Matthew Coffin were
convicted of false imprisonment. Nix, Norton and Coffin were acquitted of more
serious charges in the incident, but still sentenced to 15 years in prison for
their roles. The fourth, alleged ringleader Kevin Winslett, plead guilty to
grand theft auto, resisting an officer with violence, assault on a corrections
officer, three counts of false imprisonment and six counts of battery on
corrections officers. He was sentenced to 22 years in prison in 2007. H.
Lawrence Perry, the attorney for Baucum, Baker and Hunt, did not return calls
seeking comment Tuesday. CCA and County officials declined to comment because
the matter is facing an appeal.
January 29, 2009 News Herald
A prison employee believed to be romantically involved with an inmate was
arrested Thursday on charges of introducing contraband into a correctional
facility, officials said. Tina L. Ortiz, 35, of Chipley is accused of bringing a
cellular phone into Bay Correctional Facility with the intention of giving it to
an inmate, according to a Bay County Sheriff's Office release. Ortiz was working
at Bay Correctional Facility, a prison operated by Corrections Corporation of
America, as a mental health specialist assistant, Bay County Sheriff's Office
spokeswoman Ruth Corley said. "She was not one of our employees," Corley said.
Ortiz became a suspect when prison authorities found a cellular phone when an
inmate was moved. An investigation to discover the phone's ownership suggested
she and an inmate may have been romantically involved, Corely said.
"Investigators discovered messages between the two that revealed their
relationship was romantic in nature," Corley said. Bay County Sheriff's
Officials were brought into the investigation Wednesday, Corley said, and it was
determined Ortiz had brought the phone into the facility. Ortiz was arrested and
later admitted to the crime, Corley said. "She has given us a full confession,"
Corley said.
January 23, 2009 News-Herald
Circuit Judge Michael Overstreet found enough evidence in Anthony Davis'
case to allow it to go forward, despite Davis exposing some weaknesses in the
evidence. Davis, 40, is charged with two counts each of bribing public servants
and introducing contraband into a penal facility. He's accused of paying two
corrections workers at the Bay County Jail to smuggle cigarettes, marijuana,
prescription pills, nude photos and a cell phone to him. All four charges
against Davis are third-degree felonies carrying a penalty of up to five years
in prison each. Davis appeared before Overstreet on Thursday for a preliminary
adversarial hearing in which the evidence against him was laid out for the judge
to decide if it established probable cause in the case. Prosecutor Pat Faucheux
brought three sheriff's investigators to the stand and Davis called the two
former corrections workers, Angela Childs and Shannon Copeland. Copeland refused
to testify, however, evoking her right against self incrimination because she
has pending charges. Childs, who has resolved her case, told Overstreet that she
brought Davis a total of five packs of cigarettes during their arrangement and
received money in return. Childs said the money came to her through Western
Union in a check that was not made out to her and was not sent directly by
Davis. Investigators said they only have testimonial evidence that Davis
organized payments to Copeland and Childs through another party. When Childs was
arrested, she was carrying a cell phone and prescription Xanax in a bottle. She
testified that both items were hers. Investigators said Copeland began a sexual
relationship with Davis the day Childs was arrested. The affair was discovered
when jail officials tapped into an intercom system and overheard an "explicit"
conversation between Copeland and Davis. When she was arrested, investigators
said, she was carrying nude photos of herself, a sexual device and an MP-3
player. More nude photos of Copeland were allegedly found in Davis' cell. Davis,
who acted as his own lawyer in this hearing, argued that Childs, at the time of
the alleged transactions, was an employee of Corrections Corporation of America
Inc., which was operating the jail at that time. Davis said Childs was a
corporate employee, not a public servant as described in the charge. He also
argued that the items seized from Copeland and Childs were their items and there
was no direct connection between him and the money. Davis said when he was
arrested he was not in possession of cigarettes, drugs or a phone. Overstreet,
however, ruled that there was probable cause to go forward and scheduled Davis
for another court date March 17.
December 15, 2008 News-Herald
A detention officer accused of sneaking drugs and nude photographs of
herself into Bay County Jail was arrested Sunday, Bay Sheriff's Office officials
said. Shannon Nicole Copeland, of 1613 Fairy Ave., was met at the jail by
Sheriff Frank McKeithen and jail administrator Rick Anglin as she began her
shift Sunday. A search of her person revealed a CD of nude photographs of
herself and several printed nude images, according to a Bay County Sheriff's
Office release. A search of an inmate's cell uncovered additional nude photos of
Copeland, 23, who told investigators she engaged in sexual misconduct with the
inmate and had brought him marijuana, the release said. Copeland, a control room
operator who had been entrusted with the movements of inmates, was a former
employee of Corrections Corporation of America, or CCA, and had been retained by
the jail as an uncertified detention specialist after the transition.
November 5, 2008 News Herald
A Bay County Jail correctional officer was arrested Wednesday morning and
accused of smuggling contraband into the detention facility, authorities said.
Angela Lavonne Chiles, 41, of 9304 Kelly Circle, Youngstown, was beginning her
shift at 6 a.m. when she was found to be in possession of about 17 alprazolam
pills, which are available only by prescription, according to a Bay County
Sheriff's Office release. Investigators learned Chiles had been introducing
other contraband into the jail, including tobacco products that were being sold
among inmates for $30 to $50 per pack, the release said. Chiles, who was
terminated immediately, was taken to the Bay County Jail and booked on charges
of introduction of contraband into a detention facility and unlawful
compensation for official behavior, the release said. Jail Warden Rick Anglin
said Wednesday's arrest was a positive signal the Sheriff's Office intends to
improve security and run the jail with professionalism. "It (the arrest) is a
sign that the Sheriff's Office isn't gonna tolerate this kind of stuff," Anglin
said. "You can't allow this kind of thing to occur; it jeopardizes the safety of
inmates and the detention officers." Anglin said Correctional Corporation of
America hired Chiles in April 2008, and she was rehired when the Bay Sheriff's
Office assumed responsibility of the jail Oct. 9.
October 9, 2008 WJHB TV7
The Bay County Sheriff's Office now has a new duty on its list. After almost
25 years of a privately run jail, the sheriff's office is back in charge. The
official takeover of jail operations from Corrections Corporation of America is
happening right now at 6:00. It's been a been almost five months from the time
CCA decided they wouldn't run the jail till the sheriff's office has taken over
today, and Sheriff McKeithen says his men and women have been working day and
night to be prepared.
September 21, 2008 News-Herald
The reaction this week to jail nurse Kathy Baucum's fear of being placed - with
a cart full of medications - with dozens of inmates and one guard tells you what
you need to know about a corporate-run jail versus a locally operated one.
Baucum was one of the hostages held by inmates at the Corrections Corporation of
America-run downtown jail in 2004. It was a 12-hour standoff with inmates who
got access to pharmaceuticals and took nurses hostage and ended in gunfire and
one nurse getting shot. Part of the fault in that case was the method used for
distributing the medicines and locks. A new system was put in place, one that
left Baucum and other nurses feeling safer. About a week ago, it changed again,
and the nurses were told to enter a cell pod - where between 50 and 120 inmates
are housed - with one guard between the inmates, the nurse and the medications.
Baucum refused. She says she was fired, that they took her CCA identification
card and told her not to return. Warden Joe Ponte says she wasn't fired, that he
was willing to discuss it. More telling, he had this to say about her concerns:
The job, like any others, has its dangers and the nurses know of those ahead of
time. It's how some other jails do it. That was a one-time incident. That while
the new jail is set up for nurses to hand out meds via a safe station, it
needlessly blocks hallways for too long. That means nothing to Baucum, who was
at the mercy of inmates not that long ago. "No one knows it until they lived
it," she said. "If it can happen once, it can happen again." Bay County Sheriff
Frank McKeithen lived it. He negotiated with the inmates who held Baucum for 12
hours. He and his men secured the release of one hostage for pizza, and another
for a cell phone. They heard the call from one kidnapper to a girlfriend,
essentially saying he didn't plan to live through the night. "You had to see the
terror in those ladies' faces," McKeithen said. "If you had, you wouldn't put
them in that position again." And that is the problem, it seems at times. CCA,
on its way out as operator of the jail, does not seem to see the terror in the
faces. They don't seem to see the broken locks, the families trying to visit
loved ones only to find the process unmanageable at times. They see a bottom
line, which is what businesses do. McKeithen said others were aware of the
change in the procedure last week, and he had already decided that was not how
it would be handled once the Sheriff's Office takes over. "It's designed so they
can safely dispense those medicines," McKeithen said. "And that's how we intend
to use it." Ponte's job, as an employee of CCA, is to safely run the jail,
maximize profits, minimize costs and serve his corporate bosses. McKeithen's
job, as an elected sheriff, is to safely run the jail, minimize costs as long as
it's not at the expense of the employees, while at the same time keeping his
constituents happy. Those constituents include the people in jail and their
families. This is not to say all will be well when the Sheriff's Office takes
over. Running a jail is rarely smooth. It is to say that the sheriff is starting
with a clean slate, and we hope it stays that way.
September 18, 2008 News-Herald
Even if it means her job, Kathy Baucum won't be a hostage again. Baucum, 50,
a local nurse, said she was fired Wednesday by Corrections Corporations of
America from the Bay County Jail because she refused to put herself in a
dangerous situation. Baucum knows dangerous situations all too well; in
September 2004 she was held as a hostage during a 12-hour siege in the CCA-run
jail in downtown Panama City. Last week, the jail's warden, Joe Ponte, issued a
memo ordering all nurses to enter the jail's pods with the inmates and hand out
medicine, Baucum said. Under the new rule, Baucum and other nurses would bring a
cart full of controlled substances into the pods, a room filled with anywhere
from 60 to more than 120 inmates, and the nurse and cart would be escorted by
one guard, she said. A single guard standing between a nurse, a cart full of
drugs, and dozens of inmates would almost certainly lead to another hostage
situation or worse, Baucum said. "No one knows it until they lived it," Baucum
said. During the 2004 incident, the inmates went for drugs first, she said. They
snorted over-the-counter medication when they could not get to controlled
substances, she added. For about a week, Baucum and several other nurses did not
comply with the order, she said. On Wednesday night, the nurses were told they
had to follow the memo and enter the pods. Baucum said she refused and was
fired. Other nurses there do not agree with the rule either but cannot afford to
lose their jobs, Baucum said. When she complained to a supervisor, Baucum said
she was told the 2004 hostage crisis was a "one-time thing." "If it can happen
once, it can happen again," Baucum said. Ponte said Baucum has not been fired.
Instead, she was sent home for one night and he has tried to contact her
Thursday. "I'd like Kathy to come in and talk to see if we can alleviate her
concerns so she can come back to work," Ponte said. "She's a good nurse."
However, the current plan for delivering medication is "not that unusual," Ponte
said. He pointed out the guard and the nurses were watched at all times by
another guard outside the pod. Ponte said it was a change for some of the
nurses, but it was done this way successfully in several other jails. Ponte said
Baucum did not try to talk to him or make an appointment with him before
Wednesday's incident. "If they (employees) have an issue or problem, I'm always
available to talk to them," he said. Baucum was sent home for the night because
she was refusing to do her job and the inmates needed to get their medication,
Ponte said. "I have a responsibility for the care and the custody of these
inmates," he added. "After that, we could talk at any length about any
concerns." Baucum said there is no doubt she was fired Wednesday night. Her
badge was taken away from her, she was told to return all CCA property and she
was escorted from the building, she said. She said she was told her termination
paperwork would be filled out in the morning and she should not return to the
jail. There are two other options that could be used instead of entering the
pod, Baucum said. One is to administer the pills through a feed flap at the
bottom of a door. "According to the warden, it is not humane to do it through a
feed flap," Baucum said. The other would be to use a nurse's station attached to
the pods and keeps the nurses separated from the inmates by a window. After the
annex was built, the nurses were told the station was "just for show," Baucum
said. Those options won't work, Ponte said. The nurse's station ties up a
hallway too long, forcing jail operations to stop while the pills are
distributed, Ponte said. And inmates cannot talk with the nurse through the
feeding slot without shouting and being overheard by other inmates, he added.
Legally, inmates must be able to talk to a caregiver without others hearing the
conversation, Ponte said. Baucum now is looking for another job, but she said
getting fired was worth it if it means the warden reverses his decision and the
other nurses are safe. "I'm doing this for the other nurses that are there,"
Baucum said. "I don't want anybody else's safety jeopardized."
September 16, 2008 News-Herald
In preparation for taking control of the Bay County Jail once Corrections Corp.
of America leaves the facility next month, the Bay County Commission received an
update on the process from the Bay County Sheriff's Office Tuesday. "Are we
encountering any glitches that were unforeseen?" asked Commission Chairman Jerry
Girvin. Maj. J.B. Holloway of the sheriff's department reported there were "some
minor things," but that the changing of the guard should go off without a hitch.
"We made an informal step into this kind of anticipating problems," Holloway
told the board, adding that questions regarding equipment inventory and other
minor issues had arisen. Holloway said the sheriff's office had already spent
$252,735 toward the transition effort. He requested an additional $172,000 to
purchase existing equipment from CCA. The sheriff's office is still in the
process of determining exactly what equipment will be bought from the company.
"They're trying to sell us some stuff that we think is obsolete," Holloway said.
He also reported that his office was "up to speed" on hiring employees for the
jail. He said about 300 applicants had been interviewed thus far, and 25
positions remained unfilled.
September 3, 2008 News-Herald
Accused killer Ahmad Smith's jury selection started an hour late Tuesday
because Bay County Jail officials transported him late and lost his court
clothes. Circuit Judge Don T. Sirmons reacted by putting jail Warden Joe Ponte
and his officers on notice that if it happens again, he will find them in
contempt of court. A finding of contempt of court by a judge can result in a
short jail term or fine. Smith, 29, is charged with first-degree felony murder,
robbery with a firearm and burglary of a dwelling with a firearm. He is accused
of participating with Jay Broxton and Eric Harden in a robbery of James Edwards
Jr.'s Shadow Bay Drive home on Oct. 3, 2006. Edwards was shot to death when he
fought back. Broxton and Harden were convicted, based largely on Smith's
testimony in court against both men, and sentenced to life in prison. Smith had
worked out a plea to a prison sentence of less than life in exchange for his
trial testimony, but in March, when the state would go no lower than 20 years,
Smith refused to plead guilty and insisted on going to trial. Smith's attorney
indicated Tuesday that Smith might not take the stand. Apparel problem --
Prosecutor Shalla Phelps and defense attorney Jean Marie Downing spent most of
Tuesday finding 12 deliberating jurors and two alternates to hear the evidence.
The trial is expected to go all week. The day started with Downing scrambling to
find suitable clothing for her client. The courts have ruled jail uniforms might
be prejudicial and defendants have a right to dress in street clothes for trial.
Downing told Sirmons that her assistant had dropped off clothing to the jail
Friday, but jail officials could not immediately locate the clothes Tuesday
morning. Eventually, the Public Defender's Office loaned Smith a button-up shirt
and slacks until his suit arrived from the jail. The jail is going through two
transitions, having recently moved all inmates from the downtown jail to what
was the annex in Bayou George. Operation of the jail also is moving, from
Corrections Corporation of America to the Bay County Sheriff's Office in
October. Deputy Public Defender Walter Smith said he had to fight for clothing
from the jail on a prior occasion for another defendant, asking at that time
that jail officials be held in contempt of court. For these kinds of
emergencies, the office has a small supply of slacks, shirts and ties to loan to
defendants. "It happens 50 percent of the time, and I'm not exaggerating,"
Walter Smith said of the clothes issue. "I always bring clothes to the jail on
the Friday afternoon before trial. That way they only have two days to lose
them." He said other jails in the state are far more accommodating when it comes
to inmate court clothing. "Every time the issue comes up, CCA acts like it's
never been raised before," Smith said. Ponte did not return a phone message
Tuesday seeking comment.
August 25, 2008 WMBB News 13
The new Bay County Jail is now housing around 900 prisoners, but a problem
finding permanent staff is causing the Sheriff’s Office to expand the search.
The Bay County Sheriff’s department has been searching for staff for the new
jail. The current staff members are employed by the Corrections Corporation of
America. So far, the sheriff’s office has only recommended around 190 for hire
out of around 270 applicants. On October 9th, the Bay County Sheriff’s Office
will take over the facility and many of the current CCA staff will become BCSO
employees.
July 15, 2008 WJHG
The board voted to enact the Bay County Jail transition agreement between
the Bay County Sheriff's Office, the County Commission, and Corrections
Corporation of America. The agreement is the next step in the sheriff's takeover
of the county jail. Back on June 17 the board voted unanimously for Sheriff
Frank McKeithen and the sheriff's office to run the jail when CCA leaves in
October, but before they take over they want to make sure they have a smooth
transition. The sheriff’s office will work with CCA to go over operation
procedures. They will also begin the process of interviewing and training staff
to be correctional officers. Jerry Girvin of the County Commission said, "We'll
start with the very senior folks and then work down to the deputy warden, the
captains, and lieutenants and whatnot. They will shadow the current operations
so that when we take over officially in October, or when the sheriff does it
won't be walking in blind, they would have spent time with the current staff and
they'll know where the keys are, where the doors are, and how things work." The
agreement goes into effect immediately. The sheriff is set to officially take
over on October 1.
June 19, 2008 News-Herald
A Corrections Corporation of America officer was arrested Thursday and charged
with three counts of sexual battery, police said. Robert C. Heller, 27, of
Parker, was a CCA employee assigned to the Bay County Jail, Detective Aaron
Wilson with the Parker Police Department said. No further information was
available Thursday night.
June 17, 2008 News-Herald
It is going to cost more, but Bay County commissioners expect to get their
money's worth out of Sheriff Frank McKeithen when he takes over operations of
the county's jail facility in October. Commissioners passed an ordinance Tuesday
placing McKeithen at the helm when current operator Corrections Corporation of
America leaves in the fall. He officially will take over Oct. 9. There was
little discussion on the matter at the commission meeting. Most of the talking
took place weeks ago. In May, when Tennessee-based CCA cited financial hardship
and announced it would be leaving, Commission Chairman Jerry Girvin described
more of an opportunity than crisis. The county had been critical of the company
for several incidents through the years, including hostage standoffs, smuggled
contraband and sex scandals. "While we're not totally delighted with the
concept, it's now in our lap and we'll deal with it," Girvin said at the time.
"Really, in most of the counties in Florida, the sheriff does run the jail."
McKeithen told the board June 3 that the Bay County Sheriff's Office could
operate the facility for $17,855,216 a year. That is about $7 more per inmate,
per day than CCA's price, which McKeithen said is because county employees
require more pay and benefits. Also, Bay County spokeswoman Valerie Lovett said
peripheral details, such as who would provide food and health services at the
facility, still are being worked out. Such costs would be above and beyond the
sheriff's estimate. Commissioners stressed Tuesday that CCA should be held
accountable to their agreement to construct the current expansion project at the
U.S. 231 jail annex. "We need to hold the money until we're sure they have
fulfilled all their responsibilities," said Commissioner George Gainer. County
Attorney Terrell Arline said such things are being handled. The county, he said,
also will be requesting CCA further explain its exit. "One of our intentions is
to have them explain, in writing, how they were not able to fulfill their
obligations," Arline said.
June 8, 2008 News-Herald
Originally, Sheriff Frank McKeithen was reluctant to run Bay County's jail
system. But in an interview last week, McKeithen was armed with ideas and plans
for changes at the local jail. McKeithen stressed, however, that he does not
have the job yet. The Bay County Commission will meet June 17 and is expected to
vote on McKeithen's proposal to run the jail, taking over the job from the
private Corrections Corporation of America, or CCA. During their last meeting,
commissioners supported the idea. "It's not going to be easy," McKeithen said.
"Every day will be a work in progress. We can't get complacent." If
commissioners approve him for the job, McKeithen would send every jail employee
an information packet that will let them know where they stand, he said. Nearly
300 people work at two local jail facilities, one downtown and the other at the
jail annex near Bayou George, which is being expanded and eventually will
replace the downtown facility. "We're not going to leave them hanging,"
McKeithen said. "Everybody there will have an opportunity to retain their jobs."
As long as current employees are properly qualified, they most likely would keep
their jobs, McKeithen added. However, every employee also would have to fill out
an application and go through the application process, he said. "I have
confidence in the people that are there, and they are going to be there,"
McKeithen said. He said it was too early too say how employees at the jail would
be structured and managed, but he did talk about the need to streamline the two
organizations. Jail employees would be part of the "family" that makes up the
Sheriff's Office, McKeithen said. In his budget, McKeithen has approved a raise
for the starting salary of jail employees from about $26,000 a year to $30,000 a
year. New ideas -- The sheriff has several new ideas about how things should be
run. To start, he said, jail officials would implement an inmate management
system that would give corrections officials a "better handle on these
prisoners." McKeithen mentioned that in the past, some inmates were kept in jail
past their release dates. In November, nine inmates were released from the jail
before their release dates and had to return. McKeithen said the new inmate
management system would work closely with courthouse officials to ensure these
kinds of incidents don't happen. McKeithen also said he wants a Web site that
would let the public know inmate status, visiting hours and other important
information. The sheriff also expressed concern for the treatment of inmates'
relatives. "We want to better train our staff in customer service," McKeithen
said. Parents, siblings and others who visit an inmate must be treated with
courtesy and respect, he added. "It's already a stressful visit," McKeithen
said. "A county jail is accountable to the citizens of that county."
Work-release programs and other possibilities also were on McKeithen's mind last
week. These things, done right, could "save the taxpayer money," he said. The
money -- Last month, Nashville-based CCA, which has run Bay County's jail
operations for more than 20 years, told county officials they were leaving town.
Although they had signed a contract, CCA officials said could not run the jail
for the planned cost of $43.34 per inmate, per day and were leaving the county
Oct. 1. According to information provided by Bay County officials, Charlotte
County pays $76.29 per inmate per day. Indian River County pays $75 per inmate
per day, while Santa Rosa pays $49 per inmate per day. McKeithen's proposal
breaks down to $50.79 per inmate, per day, for a total of $17.9 million.
McKeithen asked Rick Anglin, Bay County's liaison to CCA and contract monitor,
to investigate the needs and come up with his budget proposal. Much of Anglin's
job involved overseeing CCA and ensuring the company followed its contract. The
sheriff said it was important to have someone outside the Sheriff's Office do
the initial budget. Anglin investigated CCA's budget and the budgets of several
jails across the state before writing the new budget, he said. Anglin and
McKeithen estimate they would pay $13.5 million for salaries and benefits; $1.3
for medical supplies, pharmacy needs and hospital services; $115,000 for mental
health services; $956,230 for food services; and $53,160 for uniforms, security
equipment and ammo. McKeithen pointed out the food contract breaks down to 93
cents per meal. "There's no fat built into that budget," Anglin said. New jail
-- If McKeithen takes over Oct. 1, he would inherit the jail facilities at the
U.S. 231 annex site, which eventually will serve as the area's only jail. Good
riddance, he said. "That is a monster," he said of the downtown jail, adding
that many of the safety and security problems jail officials have dealt with
over the years were caused by the dilapidated building. But when CCA leaves, it
also might take with it computers, desks and other equipment the company
purchased. The county would have to replace that, McKeithen said. The
furnishings and equipment in the new buildings will stay, McKeithen said. "It
does appear to be a state-of-the-art facility," he added. That facility is part
of a residential neighborhood, something McKeithen is taking into account.
Inmates will only be released from the U.S. 231 site if they have a ride or a
cab. If they do not, they will be taken to the courthouse and released from an
office there, McKeithen said. This will keep former inmates from walking through
a residential neighborhood and place them closer to Bay County's bus station,
rescue mission and other services they might need, he added. Though he might
have been reluctant at first, McKeithen seemed to be looking forward to the new
situation. "I'm to the point were I'm ready for the challenge," he said. "I want
this to be the best jail in the state of Florida."
June 6, 2008 News-Herald
If it's true that you get what you pay for, then Bay County should receive
moderately better operation of its jail with Sheriff Frank McKeithen in charge.
County commissioners indicated Tuesday that they plan to hire the Sheriff's
Office to run the jail and replace Corrections Corporation of America, a
Tennessee-based company that has contracted to do the job for the last 23 years.
CCA informed the county last month that it was seeking a divorce, citing
irreconcilable financial differences: Officials said they couldn't provide
adequate service for what the county was paying them. Enter McKeithen, who
previously had expressed a willingness to assume responsibility for the jail but
told commissioners up front that it would cost them more. Tuesday, he laid out
the numbers: Whereas CCA had been charging the county $46.18 per inmate per day
(which was scheduled to drop to $43.34 when the new jail annex opens this fall),
the Sheriff's Office said it would charge $50.79 - or about $18 million a year,
$3 million more than CCA. Saving money was costing the county numerous
headaches. Under CCA's direction, the jail had experienced several embarrassing
- and sometimes dangerous - incidents in recent years, often resulting from
staff failures. How much of that was due to low salaries and how much to CCA's
training and oversight? We should find out the answer soon enough. Either way,
the jail needed a fresh start. The question is, should the county have spent
more time looking elsewhere before settling on the sheriff? Why not re-bid the
contract and see if it could get a better deal for taxpayers? The answer is that
it probably would have been a waste of time. First of all, there aren't that
many companies that run jails. Indeed, the last time the county bid the work,
only one other company competed with CCA. Out of Florida's 67 counties, only
three - Bay, Citrus and Hernando - contract out their jail operations, and Bay
has by far the cheapest per diem rate. Eight county jails are run by county
commissions, and the remaining 56 are operated by the sheriffs. According to Bay
County staff research, most of the counties with inmate populations comparable
to Bay's pay a higher per diem than McKeithen's estimate. One advantage to
turning the jail over to the sheriff is that if issues arise, the county can
deal directly with a local official it knows well, instead of some corporate
bureaucracy. Furthermore, that official is elected, which means he has to answer
to the public for the jail's performance. Commissioners still must keep a close
eye on the bottom line, and that means watching out for unintended expenses that
might crop up that would significantly boost McKeithen's per diem estimate. For
instance, according to the terms of the CCA contract, any equipment purchased
after 2006 belongs to CCA. If the company takes that stuff with it when it
leaves, how much will it cost to replace it? McKeithen says it might take a year
to determine exactly what it will cost to run the jail. He deserves an
opportunity to demonstrate it will be money well spent.
June 3, 2008 News-Herald
Bay County Sheriff Frank McKeithen informed county officials Tuesday he
could take over jail operations for just less than $18 million a year. "I
haven't sugar-coated these numbers; these are real," McKeithen told county
commissioners during their regular meeting. "With all due respect, this will be
my only proposal. I'm not going to compete with anyone." The cost estimate,
breaking down to $50.79 per inmate, per day, is higher than the current $46.18
charged by Corrections Corporation of America. The company is walking away from
the jail in October, shy of a contract-stipulated drop to $43.34 upon the
completion of the jail expansion project at the annex property off U.S. 231.
McKeithen said the higher quote primarily was because county employees require a
more competitive salary and benefits. "It's a little higher rate," conceded Bay
County Commission Chairman Jerry Girvin, "but let's face it; a lot of the
problems have been because of the salary." The board was unanimously receptive
to the sheriff's projections. Legal counsel, however, advised that a formal
ordinance declaring such would need to be written up for the June 17 county
meeting and approved. "I think what we're saying, sheriff ... you'll have a new
hat to wear," Girvin said. McKeithen stressed his numbers were only estimates.
The per diem rate also assumes a minimum of 963 jail beds is filled. "It would
take a year to realize exactly what it's going to cost out there," he said.
Officials have budgeted $16.8 million in jail costs for the 2008 fiscal year,
which ends Sept. 30, according to Bay County spokeswoman Valerie Lovett. Of that
amount, $16.2 million would be paid to CCA to cover the per diem expenses; the
other $600,000 would cover costs, such as building maintenance, that are not in
CCA's contract, Lovett said. Had CCA continued its contract another year at the
lower per diem rate, the county would have paid $15.2 million to CCA for Fiscal
Year 2009, and the overall cost would have been $15.8 million. Commissioner Bill
Dozier said the sheriff's numbers seemed right, as opposed to CCA's $43. When
alerting the county to their planned departure, company officials cited
inadequate finances. "This is realistic," Dozier said. "That was unrealistic."
If the ordinance is approved at the commission's next meeting, McKeithen will
not take over the facility until CCA's October exit.
June 3, 2008 WMBB
Running the Bay County jail is not the most glamorous of jobs, but Sheriff
Frank McKeithen has offered to take on the task to the delight of the Bay County
Commission. At Tuesday's regular Commission meeting McKeithen made clear that he
could not garuntee there would be no problems under his watch. "I'm not going to
tell you there will never be a hostage situation or jail break or issues in jail
but I will tell you that there will be far less than what CCA has had to deal
with in that facility downtown," said McKeithen. Last month Bay County expressed
disappointment that Corrections Corporation of America would not run the new
jail at a rate of $43 a day per prisoner, but Tuesday they said McKeithen's
offer of $50 per prisoner a day was reasonable. "We have looked at jails all
over the state of Florida and the typical per day jail rate is $54 to $64
throughout the state," said Chairman Jerry Girvin. The Sheriff estimates that
the total budget for the year will be around $17.8 million- that's an increase
of one million after CCA leaves- and McKeithen says that money is largely due to
raises for personnel. "There is a possibility that if this amount of money is
given that we may have money left over. There's a possibility that we may have
to ask you for more money," McKeithen said. Commissioners say choosing the
Sheriff over another private contractor is the most preferable of options. "This
is not a knee jerk reaction. This is something that everyone of us has taken
time with, everyone of us, the sheriff, and our staff," said Commissioner Mike
Thomas. County Attorneys will draft an ordinance in the coming weeks to be
considered in a public hearing at it's next meeting on June 17th.
May 27, 2008 News-Herald
Bay County commissioners on Tuesday unanimously rejected an offer by Emerald
Correctional Management to drop its lawsuit against the county in exchange for
the keys to its jails. The offer was passed on to the board by County Attorney
Terrel Arline. "Can we laugh first?" asked Commissioner Mike Thomas. Emerald
Correctional Management filed suit against the county in 2006, claiming the
bidding process for the construction of the new jail off U.S. 231 was flawed.
Arline said he recommended the offer be rejected, but was obligated to inform
the commission about what was being put on the table. "Would ‘Hell no' be
appropriate?" Commissioner George Gainer said. "I was gonna use those terms,"
Arline replied, "but I bit my tongue." Although Emerald Correctional was the
original low bidder on the project, after some bid clarifications, the job was
awarded to the only other responding party, Corrections Corporation of America.
The Tennessee-based CCA currently is constructing the new county jail but
recently notified the county it would be pulling out of its contract Oct. 1
because of financial concerns. Bay County Sheriff Frank McKeithen is researching
how much it would cost his office to take over the facility. He has told
commissioners it would be more than what CCA is charging: $46.18 per inmate, per
day. Upon completion of the new jail expansion, the rate was expected to drop to
about $43. Commissioners approved an agreement Tuesday with Tyndall Air Force
Base to house Air Force pre-trial detainees at the current Bay County Jail.
Thomas stipulated that any per-inmate costs agreement would need to jibe with
future decisions regarding management of the jail once CCA departs.
May 21, 2008 News-Herald
A Bay County Jail captain has been placed on administrative leave after a
weekend traffic crash. Capt. Stacy C. Blakeney, 36, was driving an estimated 80
mph in a 35 mph zone on Beach Drive when he rolled his vehicle late Sun-day,
according to a Panama City Police Department crash report. Police said Blakeney
was driving west near Buena Vista Boule-vard about 11:30 p.m., and his vehicle
drifted off the road. His 2003 Chevrolet struck a power pole and began to spin.
The vehicle crossed the front yard of a home, crashed through a row of shrubs,
hit two trees and flipped, landing on its top in the next yard. Blakeney was not
seriously injured, police reported. Police estimated damage to the vehicle at
$15,000, to the power pole at $3,000 and to landscaping at $2,000. Criminal
charges are pending the results of a blood-alcohol test, police reported. Joe
Ponte, warden of the Bay County Jail, said Blakeney declined to speak to
supervisors about the circumstances of the crash. With criminal charges pending,
he cannot be com-pelled to make a statement, Ponte said. Blakeney works at the
downtown jail, according to Ponte.
May 14, 2008 News-Herald
It takes millions of dollars a year to run the Bay County jail but now that
Corrections Corporation of America is leaving town, the County Commission
worries it could cost a tremendous amount more. Bay County went to a lot of
effort to try to save money on the construction on a $40 million facility
including a lawsuit from a company bidding on the project. In the end the County
went with Corrections Corporation of America. "The fact that they designed it
around their ability to run it, that was supposed to be a savings for
everybody," said Commissioner George Gainer on Wednesday. At Tuesday's County
Commission meeting, Commissioners announced that CCA planned to leave the new
jail in October. CCA and the County signed a 6 year contract in 2006. The terms
of the contract say the company would be responsible for building the new jail
to be completed by August. After the jail was complete, the County's rate per
prisoner per day was supposed to drop from $46 dollars to $43 a day in 2009. "My
problem is they're not sticking around long enough for Bay County to realize if
the design is one that is going to save us money. If it's what we paid for,"
said Gainer. While the County has a number of options for running the new
facility, Gainer says he thinks each one would be more expensive than CCA. He
hopes the commission will address his concerns at a workshop on Friday. "This
whole process was entered into because of the savings on the per diem. I think
we're paying $43 a day now and if we've got to pay $56 at this facility- I think
that $13 a day is the basis of a tremendous lawsuit back against CCA," said
Gainer. CCA's official reason for leaving the county was that wages and benefits
for staff could not be covered with the rate worked out with Bay County. County
Commissioners will weigh three options at a special workshop Friday including
running the jail themselves as a County Department, asking Sheriff Frank
McKeithen to step in, or hiring another private contractor to run the jail.
May 13, 2008 News-Herald
Corrections Corporation of America, or CCA, let the county know late Monday
that it would be abandoning its local operations in 150 days, or Oct. 1. “Where
our path will take us, we don’t know,” Bay County Commission Chairman Jerry
Girvin said of the question left in CCA’s wake. “It’s been a long-term
relationship, but it’s probably one that’s run its course, and it’s time to go
separate directions.” During the commission’s meeting Tuesday, the board briefly
discussed the last-minute news before scheduling a workshop for 2 p.m. Friday at
Panama City City Hall to further explore the county’s options. Girvin said the
two most probable options would be to either run the jail as a county department
or turn operations over to the Bay County Sheriff’s Office. “Really, in most of
the counties in Florida, the sheriff does run the jail,” Girvin said Tuesday
afternoon. CCA, which has operated the area’s jails for more than 20 years,
cited financial concerns as the reason for pulling out of Bay County.
Spokeswoman Louise Grant said the Tennessee-based company could not continue to
pay the competitive wages needed to “retain the brightest and the best staff.”
Locally, CCA employs almost 290 people. Warden Joe Ponte said the average jail
employee makes about $28,000. CCA entered into a new contract with Bay County in
2006 that stipulated a per-inmate rate of $46.18 per day. Last year, the company
was paid $15.8 million. The six-year contract also called for the company to
expand on the facilities at the U.S. 231 annex site, which will serve as the
area’s only jail once the downtown location is closed. County officials said the
work should be complete before CCA’s October departure. Ponte said his staff has
been made aware of the situation. “As it starts to sink in, people are asking
questions: ‘Who’s going to run it?’” Ponte said. “We don’t have any answers to
that stuff.” The possibility of running local jails is not a new concept to the
Bay County Sheriff’s Office. Department officials have suspected this day might
arrive and have assessed if such a venture would be a viable option. “We’ve
heard these rumors here, lately,” Major J.B. Holloway said of CCA’s exit,
sounding confident about Sheriff Frank McKeithen’s prospects of running such an
operation. “The sheriff has run a jail on a small scale,” Holloway said,
referring to his boss’s stint heading up a Gulf County facility when McKeithen
was the sheriff there. “I feel certain he could do it here.” Regardless of what
Bay County officials decide to do when CCA leaves, Ponte hopes the people
currently staffing the facilities will be included in the plans. “This is a
jail, it’s going to be run as a jail, and they’re going to need people to run
it,” he said, adding that CCA also is offering to relocate some employees to
other prison operations but that “a lot of people don’t want to move.” Holloway
said it would be “premature” to discuss possible costs of running Bay County’s
operations, but the Sheriff’s Office previously stated it might not be able to
match CCA’s price. Girvin hinted the county might be open to paying more. That
would depend on many things,” Girvin said. “How much more? What kind of bang are
we getting for our buck?” CCA problems -- At times, officials have indicated
CCA’s bang for the buck has not been sufficient. Since first beginning work in
Bay County in October 1985, the private correctional company has weathered a
number of storms that caused local officials concern. Last November, CCA
released nine inmates early by accident. In June 2007, an inmate fashioned a
plastic utensil into a lock-pick and briefly broke out of his cell. In 2005, a
CCA nurse was fired after an inmate gave birth inside the jail annex four hours
after complaining of labor pains. Another nurse, as well as a supervisor, was
fired for having sex with an inmate. In 2004, a nurse was shot in a hostage
standoff after inmates escaped from their cells. CCA said such instances were
not a factor in the decision to leave town. “No, operations did not play a role
in this at all,” said Grant, stressing CCA’s financial concerns. “Nothing else
played into that.” Recently, county officials have made strong statements
directed at CCA in regard to the company’s mishaps. “They’re going to run it
right, or we’ll get somebody who will run it right,” said County Commissioner
Mike Nelson, following the accidental inmate release last fall. Girvin said that
although CCA’s notice was not expected, it is an issue county officials are
ready to address. “While we’re not totally delighted with the concept,” Girvin
said, “it’s now in our lap and we’ll deal with it.”
May 13, 2008 WJHG
Corrections Corporation of America, C-C-A, the private company which has
operated the Bay County Jail since 1985, says it has had enough and is
cancelling its contract effect October first. C-C-A made the disclosure in a
letter to the Bay County Commission revealed this morning. Reason for the
termination was not disclosed. The company said it was exercising its 150 day
option spelled out in it 2006 contract with Bay County. The county commission
has scheduled a special meeting for Friday7 afternoon to discuss several
options, two of which include having the Sheriff take back operations of the
jail, or the commission operating the jail itself. Would the Sheriff be
interested? A spokesman for Sheriff Frank McKeithen said this morning he would
not have any comment on the C-C-A issue until he meets with the county
commission Friday. Meanwhile, work continues on the building of the new Bay
County jail in Bayou George. CCA will finish building it before its contract
expires.
November 21, 2007 News Herald
Bay County commissioners sent a clear message Tuesday to Corrections Corporation
of America: Shape up or ship out, and pay $140,000. “We need to go aggressively
at them,” Commissioner Mike Nelson said. “We’re gonna have to get it across to
the folks up in Tennessee that we take this very seriously.” Nashville-based CCA
runs the Bay County Jail and Jail Annex. On Nov. 1, the company mistakenly
released nine inmates early from a substance abuse program. All the inmates
voluntarily returned within a week. A county report released Nov. 13 listed a
number of chinks in CCA’s armor. Primarily, the report cited poor judgment on
the part of jail staff as the biggest reason for the oversight. “This is a jail,
and it needs to be run like one,” Nelson said. “It shouldn’t have happened; I
don’t want it to ever happen again.” In addition to corrective measures, such as
notifying the county within 30 minutes of an incident and creating new booking
and classification procedures, commissioners also are fining CCA $140,000 for
the inmates’ release. The contract with the corporation stipulates financial
penalties may be levied in such cases, and will be taken out of the county’s
monthly payments to CCA. The agenda for Tuesday’s County Commission meeting did
not list the jail issue. It came up during the commissioner comments section of
the meeting. No one from CCA spoke during the meeting. The company is conducting
its own investigation into the inmates’ release. County officials signed a
six-year contract in May 2006 for CCA to run the facility and build a $39.7
million annex. As a condition of that contract, the county may break the
relationship within 90 days without cause, or within 30 days with cause. “When
we were redoing our contract we said, ‘new ballgame,’” Commission Chairman Jerry
Girvin noted. Nelson said CCA’s frequent lapses might merit exploring other
options. “What concerns me is what else is going on out there that we don’t know
about,” Nelson said. “I don’t want to see the county get into the jail business
… but the sheriff may have to.” Girvin directed county staff to begin
considering other options. He advised that such a consideration would be in its
infancy, and staffers should “not go 24/7 on it” in the hopes CCA will begin
tightening up its operation.
November 20, 2007 WJHG
Bay County wants to fine the Corrections Corporation of America $140,000 for
mistakenly releasing 10 inmates from the Bay County Jail earlier this month. The
fine stems from an incident that happened on November 1. CCA worker released ten
inmates enrolled in a drug rehab program, before they'd completed their
sentences. All of the inmates surrendered after CCA discovered the mistake and
notified them. A review by the county contract monitor cited poor staff
judgment, broad booking procedures, inadequate staffing, and a seven-hour delay
between the time the incident occurred and the time it the contract monitor was
notified. County commissioners say the penalty is justified because the release
violated the contract the county has with CCA to operate the county jail system.
The contract provides for the fine, based on the $1.4 million monthly amount the
county pays CCA to house inmates. The fine is one percent of the monthly
invoice, for each inmate released. Commissioners say the incident is
unacceptable. Mike Nelson, Bay County Commissioner, "What I'm really upset about
is there was a seven hour delay before anyone at our place was ever notified,
and what concerns me even more is what else is going on our there that we don't
even know about?" Commissioner Nelson says the county will have to watch CCA
closer in the future. The board discussed other options including the
termination of CCA's contract, but did not take any action.
November 14, 2007 News-Herald
Someone with Corrections Corporation of America should have noticed nine inmates
were being freed early from the Bay County Jail on Nov. 1, according to a county
report released Tuesday. “That kind of carelessness is something we can’t have,”
said Bay County Commissioner Mike Nelson. “I mean, they’re running a jail.”
Employees of the Tennessee-based company that operates the jail and jail annex
for the county mistakenly released the inmates who were part of the facility’s
Lifeline Substance Abuse Program. All nine inmates voluntarily returned within a
week. Warden Joseph Ponte said last week that CCA staff members mistakenly
released the individuals because their graduation certificates were printed
early by a staff member and misinterpreted by other staff members. The documents
had the correct release date for the inmates, but staff members overlooked it,
Ponte said. The county report found there were numerous times at which CCA
employees should have caught the mistake. At the very least, suspicions should
have been raised when the inmates themselves voiced concern, the report stated.
“Apparently, the staff they were telling thought it was someone else’s
responsibility,” said Rick Anglin, the county’s contract monitor who interviewed
CCA staff and inmates while preparing the report. Anglin said if he had to pick
one reason for the mishap, it would be staffing. Three key staffers in the
classification department were absent the day of the incident. Another CCA
shortfall mentioned in the report concerned a seven-hour delay between the
realization something had gone wrong and notification of the county. Nelson said
Ponte has yet to call the county manager to discuss the matter. The report lists
several corrective actions to be taken. Primarily, the county liaison must be
made aware of an “unusual incident” within 30 minutes. New, clearly defined
booking and classification procedures also are called for. The county’s contract
allows for financial penalties when such an incident occurs. Nelson said county
attorneys are pursuing that course. CCA began its own investigation into the
matter the day it happened, Ponte said. That investigation should wrap up within
two weeks. Nelson said the incident has shown the county needs to keep a closer
watch over the corrections company. “We’re gonna have to tighten up on them,”
the commissioner said. “They’re gonna run it right, or we’ll get somebody that
will run it right.”
November 5, 2007 WMBB TV13
An investigation is underway at the Bay County Jail Annex after an incident that
Chairman Commissioner Mike Nelson calls inexcusable. Nine inmate's were released
from the jail prior to the completion of their count-ordered drug program and
then told to come back. Thursday evening, The Bay County Jail Annex released
nine inmate's in the facilities lifeline substance abuse program, which is a 120
day program. All nine offenders, five males, and four females were being housed
for misdemeanors charges and were expected to complete the program within the
next few weeks. Eight of the offenders voluntarily returned to the program. The
ninth offender, whose residence is out of the state, is in the process of being
notified. "The county is going to put every effort to find out how this happened
and make sure it never happens again," said Nelson. Warden Ponte said the
mistake happened when inmate’s completion certificates were printed early. "I
apologize, this shouldn't have happened. We are doing everything we can to
prevent this from happening in the future," said Ponte. The Bay County Jail is
managed by Corrections Corporation of America and hope to have the investigation
completed in the next couple weeks.
September 27, 2007 News-Herald
Emerald Correctional Management LLC has taken a step back from the $13.2 million
it sought from Bay County — a considerable step. The Louisiana company, which
argues it was slighted during the bidding process in 2005 for the county’s jail
expansion project, now is seeking $514,050 to settle a lawsuit. Obed Dorceus,
attorney for Emerald Correctional, said the reduction doesn’t reflect a loss of
resolve. “My client wanted to make sure the county knew he was willing to
compromise,” Dorceus said. “But we still believe in the case.” The county has
not accepted the settlement offer. Instead, it is requesting Emerald
Correctional pay $35,000 in legal fees and drop the case. W.C. Henry, who
represents the county, called the original $13.2 million “ridiculous, absurd;
you’ve got to be kidding me.” The most recent offer is “still blatantly absurd.”
Emerald first brought suit against the county in 2006. The company claimed the
county’s bidding process was tainted. Only two companies responded to the call
for bids on the project; Emerald’s came in a few million dollars below
Tennessee-based CCA. CCA, however, was awarded the job after both companies were
asked to clarify their bids. The company had a 20-year history working with the
county. The contract Bay County awarded CCA was for six years and more than $36
million, and covers the demolition of the downtown jail, the expansion of the
jail annex and management of the completed facility. Ground has been broken on
the annex, with an expected completion date of May 2008. Emerald sued the
county, alleging it didn’t adhere to bidding rules. Bay County Circuit Judge
Glenn Hess dismissed the six-pronged complaint. In May, an appellate court
overturned two of Hess’ dismissals. Henry said the entire case has stalled to
some degree because Emerald has not filed a new complaint after withdrawing the
initial suit and focusing on the two remaining issues. “We’ve kind of been
working in limbo,” Henry said. “Right now, there is no complaint. It’s kind of
weird; this is very strange.” Dorceus said he plans to file a new complaint
soon. Depositions are planned for Oct. 10. Several county employees, as well as
Commissioner Mike Thomas, will be deposed via video. Henry said the $35,000
legal fees offer is good until Monday. He said it would spare everyone the costs
of a courtroom. “We’re gonna win, and we’re gonna win big in the end,” he said.
“If they see the light and realize they’re going to lose, we could save the
costs.”
August 21, 2007 News-Herald
Seven suspected illegal immigrants were arrested Tuesday at a county work site.
Bay County sheriff’s deputies made the arrests Tuesday at the county courthouse.
The men were employed by BCL Contractors to work on the new sally port project,
according to a Sheriff’s Office news release. Deputies said they checked the
employment records of the workers and found the men had used stolen Social
Security numbers. Each of the workers was charged with criminal use of personal
identification information. The arrests could be a problem for county officials.
The Bay County Commission unanimously passed a resolution in March that would
allow commissioners to break contracts with companies that hired illegal
workers. The resolution provided the option of banning those companies from
seeking county contracts for at least a year. County spokeswoman Valerie Lovett
said Tuesday evening that the suspected illegals were working on a project
overseen by CCA, the company that runs the county jail. “At this point, we don’t
have the details,” Lovett said. “We will be having a conversation with CCA to
find out what happened.”
June 21, 2007 News Herald
Bay County Jail officials still are trying to figure out how a murder
suspect escaped from his cell Monday night. Hermon Harmon, who faces the death
penalty if convicted of murder in the February shooting death of Jeff Gillman,
picked the lock on the door of his maximum security cell at the Bay County Jail
Annex on Nehi Road, using shaved plastic eating utensils, according to an arrest
affidavit. Plastic utensils were found in Harmon’s cell, but Warden Joe Ponte
said that is normal. “We give them (inmates) plastic utensils with every meal,”
he said. Ponte said jail maintenance workers took the lock apart Tuesday and
said it was working fine. Ponte asked the lock’s manufacture, Brinks Lock
Company, to send someone to examine the lock. “We want to make sure we didn’t
miss anything,” he said, “and to make sure the locks are working properly.” An
internal investigation is ongoing, and Ponte said it should be completed early
next week. After Harmon was captured Monday night, officials checked the other
locks in the segregation pod at the annex. Only one lock was found to be
defective, and it has been fixed, Ponte said. Ponte began his term as warden in
January, and he said that prior to his arrival, the locks had a tendency to be
broken easily. If the inmates slammed the door shut when the bolt was extended,
it would damage the internal lock mechanism, Ponte said. Inmates also could
stuff anything in their cell into the locks and that could short out the
electronics, allowing the cell door to open.
June 20, 2007 News Herald
A man charged with murder broke out of his maximum-security cell Monday
night, using plastic eating utensils to pick the lock, according to an arrest
affidavit. Herman Harmon, 45, escaped about 9 p.m. from cell number 8 in a
maximum-security pod at the Bay County Jail Annex on Nehi Road, said Warden Joe
Ponte. It’s not clear how Harmon, who is charged with first-degree murder in the
Feb. 26 shooting death of Jeff Gillman, picked the lock on his cell. He faces
additional charges after officers eventually apprehended him. Ponte said the
cell’s lock was working properly and an internal investigation is under way.
Ponte said he isn’t sure how Harmon got out of his cell and didn’t want to
speculate until the investigation is completed. Once out of his cell, Harmon
entered the common area of the jail, then left the pod through a sliding metal
door, which might have been open, Ponte said. The warden said he’s also heard a
few versions from inmates and corrections officers on how Harmon got out of the
pod. The pod doors have a defect that allows them to be opened if someone
forcibly pushes it, but it makes a lot of noise. The warden said that all the
pod doors are due to be replaced. Outside of the pod, Harmon accessed a small,
open post, where he grabbed correctional officer Beverly Brennen by the neck and
demanded her portable radio, the affidavit stated. Brennen and Harmon wrestled
briefly and Brennen was able to call for help, Ponte said. Harmon eventually got
the radio and tried to have the control section open the door leading to the
exercise yard, but it was too late. A responding officer captured Harmon in the
hallway just outside of his pod, Ponte said. Harmon has been charged with
battery on a correctional officer, attempted escape, depriving an officer with
means of communication and possession of contraband in a detention facility,
according to court records. Judge Thomas F. Welch ordered Harmon held on an
$85,000 bond. Officers found a garrote, which was made out of string, Ponte
said. But Ponte doubted the garrote was intended to hurt someone. “It was found
in his cell,” he said. “So if he wanted to do harm, he would have taken it with
him.”
June 19, 2007 WMBB TV
In a closed executive session Tuesday, Emerald Correctional Management asked
for $13m. Emerald says the county violated its own bidding process by awarding
the new county jail contract to Corrections Corporation of America. Shortly
after the February bid award, Emerald filed suit but the case was dismissed.
Emerald appealed the decision and won the right for the case to be reviewed
again. Bay County Commission Chairman Mike Nelson said earlier the Commission
would likely not approve the settlement. Emerald has threatened to sue if they
aren't granted the $13m.
June 15, 2007 WMBB TV
Next Tuesday the Bay County Commission will hold an Executive Session to
consider a lawsuit settlement. Emerald Correctional Management, Inc. filed suit
against the County after they say the County unfairly awarded a contract for the
new jail to Corrections Corporation of America. Emerald Correctional says CCA
was allowed to adjust their bid after it had already been submitted. Now Emerald
Correctional is making an offer to settle for more than $13 million in damages.
June 6, 2007 News Herald
Unsuccessful jail expansion bidder Emerald Correctional Management Inc. has
offered to settle its lawsuit against Bay County for $13.2 million. The County
Commission will meet in executive session June 19 to consider the offer. County
officials hinted Tuesday they were not inclined to pay any money to the company,
which alleges that the county violated state law and the terms of its own
request for proposals when it awarded a jail expansion and operations contract
to Corrections Corporation of America in February last year. “Why should we pay
them anything when we followed the law?” Commissioner Bill Dozier said. Steve
Afeman, executive vice president of the Shreveport, La.-based Emerald
Correctional Management, said Tuesday $12.7 million is being sought in damages —
money the company would have realized had it been awarded the six-year contract.
The remaining amount pertains to time and money invested in preparing for the
project, including legal fees. The County Commission opened bidding for a new
jail contract in June 2005, which called for expanding the jail annex on Nehi
Road, tearing down the downtown Bay County Jail and constructing new holding
cells connected to the Bay County Courthouse. Only Emerald and Tennessee-based
CCA responded, with Emerald bidding at $31.8 million and CCA at $38.8 million.
Both companies were asked to clarify parts of their proposals, and the county
determined that Emerald’s price would be $35.4 million and CCA’s would be $36.4
million. CCA had been operating Bay County’s jails for more than 20 years, and
that longevity coupled with a satisfactory performance weighed on commissioners’
decision to go with CCA. Circuit Court Judge Glenn Hess in May last year threw
out all six of Emerald’s complaints against the county. Last month, the First
District Court of Appeal ruled that Hess improperly dismissed two of six
complaints and directed him to reconsider them.
May 7, 2007 WMBB TV
An appeals court opinion could lead to a challenge for the Bay County
Commission. Back in June 2005, Bay County Commissioners opened bidding for a
contract to expand the Bay County Jail. Two companies entered bids. They were
Corrections Corporation of America, or CCA, and Emerald Correction Management,
with Emerald entering the lower bid. Both companies were asked to clarify
certain points of their proposals, resulting in a reduction of cost for CCA. The
Commission then entered into contract negotiations with CCA in December 2005.
Emerald filed a letter in January 2006, formally protesting the negotiations.
The County Manager denied the protest, based on a recommendation from the county
purchasing agent. In February 2006, Emerald filed a six count complaint. All six
counts were dismissed. The opinion from the District Court of Appeals, First
District, agrees with four of the dismissals, but raises objections to two. One
count challenges the county's decision to all CCA to estimate construction cost
that may later inflate. The other count relates to the county allowing CCA to
make certain changes to portion of their proposal. The opinion now leaves an
opening for Emerald to motion for a rehearing on those counts.
February 6, 2007 NEWS 13
At Tuesday's Bay County Commission meeting, commissioners voiced their concerns
with CCA. Commissioners say CCA did not consult them before hiring a new warden.
They say CCA's contract requires them to let the commission have more of a say
in decision process. "You expect a little better communication and a little
better adherence to the contract then what we're getting out of CCA," says
Commissioner George Gainer. The commissioners also made it clear that they have
no problems with the actual warden. Joe Ponte comes to Bay County from
Massachusetts. His resume boasts over 30 years of experience managing jails.
Ponte says he's happy to be working in Bay County. "We've got one real old
facility which we're in today and then the annex which is not too old... but
we're going to open a brand new facility. So it really gives us a lot of things
to look forward to in this county," says Ponte. And Ponte hopes to bring better
communication to the table. "I think we could have done a better job and I think
everyone realizes that. I think we need to respect the county's wishes. We're
looking forward to working with the county to reassure them that there isn't a
second time," says Ponte. Commissioners plan to write a letter to CCA telling
the company exactly what they expect in the future. "I was very impressed with
him but I am underwhelmed with CCA and their total disregard to their
contractual obligations to Bay County," says Gainer.
January 17, 2007 News Herald
The final defendant in a 2004 jail standoff was cleared Tuesday for trial.
Kevin Winslett appeared before Circuit Judge Michael Overstreet for a hearing to
determine if Winslett is mentally competent for trial. Winslett had been at a
state mental hospital since December 2005, but doctors cleared him a month ago
to return to Bay County. Tuesday’s hearing, which is required by law, was little
more than a formality because Winslett’s lawyer, Assistant Public Defender Doug
White, acknowledged he had no evidence to dispute the recent findings. Bay
County Sheriff’s Office investigators said Winslett, Kevin Nix, James Norton and
Matthew Coffin took over the fourth floor of the Bay County Jail on Sept. 5 and
6, 2004, and held jail nurses hostage. The standoff ended when deputies stormed
the floor and shot one of the men and a nurse.
January 5, 2007 News-Herald
The state Supreme Court is weighing whether the property a prison sits on in Bay
County is exempt from taxation. Bay County Property Appraiser Rick Barnett said
the court heard the case Thursday. In 2006, the First District Court of Appeal
ruled the land could not be taxed, upholding a decision by Circuit Court Judge
DeDee Costello. She ruled the prison property is leased through a state
department, making it ineligible for property tax. Because the issue is one
being debated across the state, the appeals court moved the question to the
state’s highest court. Corrections Corporation of America, the company that runs
the county jail, owes about $2.2 million in back taxes, Barnett said.
November 21, 2006 News-Herald
A former jail nurse shot during a hostage situation in 2004 sued Corrections
Corporation of America, Bay County and the Bay County Sheriff’s Office on
Monday. Ann Marie “Amie” Hunt filed suit for loss of earnings, pain and
suffering and medical expenses incurred after Sheriff’s Office deputies shot her
three times Sept. 6, 2004, when firing at four inmates who had taken control of
the Bay County Jail’s fourth floor. The bullets entered her hip, back and left
leg, damaging bones and vital organs. According to the lawsuit, she has been in
physical rehabilitation since the shooting. “On or about September 6, 2004,
several inmates took advantage of known flaws in the security of the Bay County
Jail and upon seizing the opportunity of those security flaws, the inmates took
control over the jail and intentionally took control over the plaintiff Amie
Hunt,” attorney H. Lawrence Perry wrote in the complaint. Perry said Corrections
Corporation of America, the jail’s Tennessee-based corporate owner, Sheriff’s
Office and county, failed to maintain the electrical door locking system. The
takeover began when one of the inmates got out of a cell that did not lock
properly and freed the others, according to witness testimony at a criminal
trial in this case. Three of the four men involved in the takeover, Kevin Nix,
James Norton and Matthew Coffin were convicted of false imprisonment. The
fourth, alleged ringleader Kevin Winslett, has not been tried because of mental
problems that have kept him in the state mental hospital. Nix, Norton and Coffin
were acquitted of more serious charges in the incident, but still sentenced to
15 years in prison for their roles. Perry wrote in the lawsuit that the county,
corporation and Sheriff’s Office were served with notices of intent to sue in
January, but had not responded. He was unavailable for comment at his office
Monday afternoon. Sheriff’s Office spokeswoman Ruth Sasser said Sheriff Frank
McKeithen had not received the lawsuit and could not comment. Hunt testified on
Sept. 8, 2005, in the trial of Norton, Nix and Coffin. “At the very beginning,”
she said, choosing her words carefully, “they were a little nutty. They just
wanted to find a way out. They were as polite as they could be for the situation
we were in.” Then, she said, the inmates broke into the drug storage lockers and
began ingesting narcotics. “They started getting high and that lasted for
several hours,” Hunt said. “Then they started coming down.” She said the
situation was made worse by another dorm of inmates that, while secured, were
still breaking windows and going crazy after getting into a medication cart.
Hunt said Nix told her that those inmates wanted her and the two other female
nurses, but he would protect them. As the night progressed, she said, Nix became
agitated with nurse Glenda Baker’s praying. Another nurse, Kathy Baucum, said
Baker was constantly praying and also “speaking in tongues.” When it came time
to offer a hostage in return for pizza and cigarettes, Nix insisted Baker go
because she was “freaking him out,” Hunt said. Then Baucum developed a migraine
headache and she was soon exchanged for more pizza and cigarettes. Another
hostage, James Hall, had been the first to be released. That left Hunt alone
with the inmates. The standoff ended, she said, when she was brought before a
barred gate at the end of a hall. Nix, she said, was standing behind her with a
scalpel to her throat. “I don’t know who shot me,” she said. “He was just a
figure, a person standing there, then boom. I looked down and I got shot. Then
boom and I got shot again.” One bullet shattered her knee, an injury that
incapacitated her for months. But Hunt was able to walk into court and take the
witness stand with the help of a cane.
October 20, 2006 News Herald
The Florida Commission on Ethics has agreed to issue a final order clearing two
former and one current Bay County employee of ethics complaints concerning a
February 2000 out-of-state trip that was paid for by a private company. A
separate ethics complaint against Bob Majka, who is the assistant county manager
but was chief of emergency services in 2000, alleged that he violated gift laws
by accepting payment from someone for a round of golf during the 2000 trip.
Majka has agreed to pay a $1,500 fine for accepting payment for the golf game by
Gary Akers, a financial consultant who assists the county with bond issues, said
attorney Albert Gimbel, who represented Majka in the case. “Majka had agreed to
the fine a long time ago, we were just waiting for the main case to be decided,”
Gimbel said. Florida law prohibits public officials from accepting any gift with
a value of more than $100 from a “lobbyist.” Gimbel said the golf game was more
than $100. Majka, former County Attorney Nevin Zimmerman and former County
Manager Jon Mantay were part of a Bay County contingent who flew to Tennessee to
view a Corrections Corporation of America jail and a publicly run facility in
Arizona. CCA, based in Tennessee, paid for the officials’ airfare and lodging.
The county was negotiating a new contract with CCA at the time of the trip. That
parallel drew the ire of the Florida Police Benevolent Association, which
initiated the ethics complaints in July 2003 and referred the case to the
Florida Ethics Commission. Zimmerman said during a June 15 hearing with
administrative law Judge Harry Hooper that it was reasonable and beneficial to
taxpayers for a third party, such as CCA, to pay for “fact-finding” trips that
county officials take. Hooper said in his recommended order to the Ethics
Commission in August that the gifts were not directed to the three men, but
rather to the county, so they were not required to report the gifts. Gimbel said
the Ethics Commission agreed with that assessment.
August 18, 2006 News Herald
An administrative law judge has recommended clearing a former county
attorney, former county manager and current assistant county manager of alleged
ethics violations. Judge Harry Hooper heard arguments in the case in June
against Assistant County Manager Bob Majka, former County Attorney Nevin
Zimmerman and former County Manager Jon Mantay. The central question was whether
the men violated ethics laws regarding gifts after they took a February 2000
trip to view a Corrections Corporation of America jail in Tennessee and a
publicly run facility in Arizona. Other county officials were present. CCA,
based in Tennessee, paid for the airfare and lodging of the three men and two
former county commissioners. Zimmerman said during the June 15 hearing that it
was reasonable and beneficial to taxpayers for a third party, such as CCA, to
pay for “fact-finding” trips that county officials take. CCA has operated Bay
County’s jails for 20 years, and the county was negotiating a new contract with
the company at the time of the trip. That parallel drew the ire of the Florida
Police Benevolent Association, which initiated the ethics complaints in July
2003 and referred the case to the Florida Ethics Commission. The commission in
September 2004 found probable cause that Mantay, Zimmerman and Majka may have
violated gift laws. In his recommended order, though, Hooper ruled the gifts
were not directed to the three men but to the county, so they were not required
to report the gifts. The attorneys for either party can file “exceptions” to the
recommendation within 15 days, and the Ethics Commission will review those
submissions along with Hooper’s finding before entering a final order. Ethics
Commission attorney Linzie Bogan said Thursday that he likely would file a
response for the commission to consider. “How I’ll respond will depend on how
the judge laid out his order,” he said, explaining that he just received the
order and had not looked over all of it yet. “I would hope the commission would
be open to persuasion on this issue,” he said. “I still feel there are
violations.”
July 20, 2006 News Herald
At least two residents who live near the Bay County Jail Annex on Nehi Road
object to a proposed zoning and land-use change for adjacent property to allow
jail expansion. Shelley and David Hickman, of Nehi Road, stated in a letter to
county officials that they believe approving a zoning change from
agriculture-timberland to public institutional for 14.2 acres will create a wave
of construction of other “institutional” facilities in the area. The Planning
Commission will vote on the items today at its regular meeting, and the County
Commission, which has final say, will consider that recommendation when it takes
up the issue in a couple of weeks. “As I see it, it would mean that there would
have to be lawyer offices to aid inmates, and also do not forget about the need
for bail bond facilities and halfway houses and shelters and other types of
businesses that ‘feed off’ the ‘institution,’” the Hickmans wrote. In an
interview, Shelley Hickman also said she thinks it is a moot point to consider
the zoning and land-use changes now when the county already has awarded a
contract to Corrections Corporation of America for construction at the annex.
CCA officials have said they hope to break ground by December. Martin Jacobson,
planning and zoning division manager, said the CCA-led construction and zoning
and land-use changes are “independent of each other.” County staff is rec-
ommending the switch to public institutional for the 14.2 acres, he said, with
the condition that use of the property is limited to jail operations. The
Florida Department of Community Affairs has to review the proposed land-use
change, as it does with any property greater than 10 acres.
June 20, 2006 News Herald
On an average day, the Bay County Jail in downtown Panama City is 100 to 150
inmates above capacity. The 30-year-old facility’s design provides additional
daily headaches for jail staff, inmates and defense attorneys. “There’s a lot of
wasted space and there’s not enough space,” explained Assistant Warden Richard
Thore. There are not enough holding cells, so interview rooms have been
converted for backup use. Interviews are conducted wherever there is room. There
is one small room for booking and taking fingerprints, which slows the inmate
admitting process. And from the jail’s central command post, guards cannot see
all of the 12-cell pods. They must be viewed individually, which necessitates
several jail guards instead of one. “Everything that should be easy becomes
difficult and time-consuming,” including preparing meals in a kitchen not large
enough or designed to accommodate 400 inmates, Thore said. The kitchen is
situated on the second floor of the six-floor building, so employees have to
take extra time to pick up food on a loading dock and transfer it to the second
floor. New facility. Overcrowding has persisted at both jails for at least the
past 10 years, according to county inmate counts. There are 410 beds at the jail
annex on Nehi Road, but there are about 500 inmates there. Both jails — operated
for the past 20 years by Corrections Corporation of America — now keep inmates
of all security classifications, said Jennifer Taylor, CCA’s senior director of
business development. In January, Panama City Beach attorney Jeremy Early
documented problems he saw at the jail for his boss, Public Defender Herman
Laramore. Assistant Public Defender Susan Rogers said she forwarded Early’s memo
to county officials. One issue Early identified was lack of space for female
inmates, who are held long-term only at the annex on Nehi Road. In a memo on
Jan. 25, Early stated that he saw at least 20 women in a holding cell at the
main jail who had either pleaded out at first appearance or had been released on
their own recognizance a day or two prior. Early said Judge Elijah Smiley told
him to record their names. “As I started taking their names, a CCA guard came in
and removed some of the women before I could get all their names … I personally
heard one of the CCA guards tell (am inmate) she was being held because CCA had
lost her paperwork.”
June 19, 2006 News Herald
About half of the Bay County jail system’s correctional officers left in 2004
and 28 percent quit last year, making effective and safe operations tough to
achieve, county officials say. High turnover has been a primary concern of
Commissioner Jerry Girvin, a retired captain with the Bay County Sheriff’s
Office, which ran the jail until the county awarded the original Corrections
Corporation of America contract in 1985. Girvin said the constant hiring of new
guards unfamiliar with Bay County’s jails jeopardizes security. “An experienced
correctional officer can sense the need and circumvent a situation from
occurring or minimize the effect,” he said. Jason Bradley Sims, a 30-year-old
who recently was detained at the main jail on Harmon Avenue for violating his
probation for a battery charge, said fighting among inmates is frequent, partly
because there aren’t enough guards. “I’ve been in at least a dozen fights in the
last two years,” said Sims, who has spent the majority of his life locked up in
Bay County jails and in correctional institutions elsewhere in the state.
Assistant Warden Richard Thore said understaffing is not leading to more inmates
beating one another. “They’re going to fight whether guards are there or not,”
he said. For an attorney representing an inmate at first appearance, new
correctional guards are sometimes a source of frustration for mistakes made or
delays in bringing inmates to the hearings. Occasionally, Deputy Public Defender
Walter Smith said, guards show up with the wrong inmate because of similarities
in names. Frequent turnover of jail guards, he said, contributes to
complications in the first appearance process. “They always have new people
coming in,” he said of CCA. New jail guards and the company they work for are
not solely responsible for difficulties during a first appearance, he added.
“It’s not all CCA’s fault. It’s the warrants division; it’s correctional guards
calling in sick. …” Turnover problems locally also rise to the top. The past two
wardens of the Bay County Jail have stayed on the job only six and eight months,
respectively. Kevin Watson took the post in December 2004, relieving Denny
Durbin, who was warden for 19 years. Watson requested a transfer in August 2005,
citing personal reasons. Mark Henry came in as the replacement, but he departed
in March, also citing personal reasons. Durbin is back as the interim warden
until a new warden is found. Former wardens could not be reached for comment,
but Jennifer Taylor, senior director of business development for CCA, said
Watson is still with the company in Indianapolis. Her explanation for Henry’s
departure was that the job “was a lot more demanding than he thought going into
it.” Some of the reasons for the difficulty in drawing people into corrections
work also account for the frequent departures. Starting salary currently for
guards at Bay County’s jails is $27,296, and some of them decide several months
or a year into the job that they can’t continue to support themselves or their
families with that pay, Thore said. Quitting after a few months or a year on the
job, Durbin said, is not always a symptom of dissatisfaction with the employer;
it may have more to do with the general evolution of their careers. “Corrections
officers are very mobile and want to try new things,” he said, noting that many
former Bay County guards have ventured to Washington Correctional Institute in
Washington County and other state-operated prisons. Thore said he believes that
the appeal of working for state prisons, which pay more and are continually
being built as Florida’s inmate population grows, is the main culprit of local
turnover. “The state has given (jail guards) at least two raises in the last
year-and-a-half, and that makes it extra difficult for us to compete,” he said.
There are young people looking for their first job who pick a jail guard
position for lack of decisiveness, Thore said. “The reality of the job hits when
we’re booking 16,000 inmates a year. Sometimes, that creates a little turnover.”
Of the 48 correctional guards in 2005 whose employment at Bay County’s jails was
severed, 21 were voluntary and involved no misconduct. But jail guards testing
positive for drug use, having unprofessional relationships with inmates and
smuggling contraband into the jail also were to blame for high turnover. The
guards committing these and other offenses — which totaled nine — were fired in
2005 for violating state moral character standards or violating CCA and county
policies, according to Florida Department of Law Enforcement records. Ken
Kopczynski, a legislative affairs assistant for of the Florida Police Benevolent
Association and vocal CCA opponent, called Bay County’s turnover outrageous.
“How can you properly run a facility when half of the people don’t have any
experience” at that facility? said Kopczynksi, who is also executive director of
Private Corrections Institute Inc., an organization that opposes privately run
correctional facilities. While the turnover rate at Bay County’s jails is high,
it is tame compared to the departures at some other CCA facilities in Florida.
Hernando County jails, for instance, had a turnover rate of 82 percent in 2003,
75 percent in 2004 and 69 percent in 2005. Other CCA-run facilities in Florida
had the following turnover rates in 2005: Gadsden Correctional Institution, 48
percent; Lake City Correctional Facility in Columbia County, 57 percent; and
Citrus County Detention Facility, 28 percent. Turnover at Bay Correctional
Institute, the CCA-operated state prison on Bayline Drive off U.S. 231, was 19
percent. In 2004, turnover was 36.7 percent. Taylor said the company’s jail
staff is “down some everywhere” at its 63 U.S. facilities, but it is not at a
critical point. “If it was at a critical point, we’d pull people in from other
facilities. “It’s hard to find people to work in a jail,” she added. “We have to
do extra things to attract employees and keep them there.” The company recently
started posting help wanted messages on billboards in various locations,
including Bay County, Taylor said. One on Tyndall Parkway aimed at military men
and women reads: “From Camouflage to Corrections.” “We’ve found that people
coming out of the military make very good correctional officers,” she said.
Targeting military personnel is not a new focus of CCA’s, but there has been a
stronger emphasis on attaining that demographic in the past year, she added. CCA
also has been filling some vacancies in Bay County with part-time correctional
officers, said CCA spokesman Steve Owen. Until it gets closer to full staff, the
company is operating with mandatory overtime for all correctional guards, Thore
said. Thore said 10 to 15 more guards are needed to be at normal levels.
Currently, about 30 non-certified officers and 147 certified officers man the
two county jails. While jail guard pay is mid-range compared to what guards at
other Florida CCA facilities make, it’s far from the six digit incomes corporate
bigwigs bring home. The highest-paid executive for CCA, John Ferguson, has a
2006 salary of $700,000 plus a $677,727 bonus, according to filings with the
Securities and Exchange Commission. But Owen defended the salaries for jail
guards as competitive, especially since about two months ago the company started
paying people attending the three month certification school the salary of
uncertified officers. Certified jail-guard pay at the Bay County jail and annex
has risen almost $2,000 in the past two years, up from $25,475 in 2004. Jackson
County Correctional Facility, which is county-operated, has not approved a
higher pay grade for its new certified guards since 2004; the salary stands at
$23,947. The $20,500 salary at Gadsden County Jail hasn’t changed since 2003.
The sheriff’s office there runs the facility. Escambia County currently offers
certified correctional guards $30,400 at its two detention facilities, and
Franklin County Jail jumped its pay by $3,000 over last year and is now $27,500.
The sheriff’s offices in all three counties run the jails. CCA-run Hernando
County Jail upped its pay for certified guards this year from $28,000 to
$32,000.
June 16, 2006 News Herald
Former Bay County Manager Jon Mantay joined a former county attorney and the
current assistant county manager Thursday in defending themselves against an
ethics complaint before an administrative law judge in Panama City. Two
attorneys representing Mantay, former County Attorney Nevin Zimmerman and
Assistant County Attorney Bob Majka sparred with an attorney for the Florida
Commission on Ethics over the legality of a February 2000 trip the three men
took to view a Corrections Corporation of America jail facility in Tennessee and
a publicly run facility in Arizona. CCA, based in Tennessee, paid for the
airfare and lodging of the three men and two former county commissioners. CCA
has operated Bay County’s jails for 20 years, and the county was negotiating a
new contract with the company during the time of the trip. The Florida Police
Benevolent Association initiated the ethics complaints in July 2003, and the
ethics commission in September 2004 found probable cause that Mantay, Zimmerman
and Majka may have violated gift laws. Much of the attention during Thursday’s
hearing before Judge Harry Hooper focused on Zimmerman and his declaration to
county officials that the trip and payment arrangements were legal. Zimmerman
said it was reasonable and beneficial to taxpayers for a third party, such as
CCA, to pay for “fact-finding” trips that county officials take. “That (logic)
is reflected in our ordinances and regulations — to have developers pay for
permitting based on the time it takes county staff to process the permits,” he
said. The Bay County officials that went to Tennessee and Arizona, he said,
needed to see in person how other facilities were handling overcrowding and
recidivism, which are problems here. There is local precedent for allowing a
company to pay for such trips, Zimmerman said. In 1997, several county officials
traveled to Vancouver, Canada, and Long Island, N.Y., to view facilities now run
by Montenay Bay LLC. Westinghouse Corp., which wanted another company to run the
Bay County waste-to energy incinerator, paid for that trip. Ethics commission
attorney Linzie Bogan challenged Zimmerman’s interpretation of Florida statutes
on gift laws, and he tried to discredit Zimmerman for not reviewing ethics cases
between 1997 and 2000 related to acceptance of gifts. “It’s not a gift if it’s
an expense related to your employment,” Zimmerman said. Bogan insisted the
definition of gift was clear, but Hooper said the entire statute governing
acceptance of gifts (112.312) is not clear to him. “First you have to determine
if it was to their benefit. … Do people benefit from looking at a bunch of
prisoners?” Hooper said. Majka said during his testimony that he was unaware CCA
paid for his airfare for the trip until records were being collected at county
offices three years later in connection to the ethics complaint. But he said he
learned the company paid for his lodging while at the hotel. In 2000, Majka was
the emergency services chief and shared responsibility with other officials in
jail oversight. Hooper said not knowing CCA paid for the trip does not produce a
“complete defense” for Majka. The ethics commission, however, dropped the
allegations against former County Commissioners Carol Atkinson and Danny Sparks
because they had no knowledge CCA covered the expenses. Sparks and former County
Commissioner Richard Stewart have admitted and paid fines for violating gift
laws by accepting a round of golf paid by county financial adviser Gary Askers.
Majka faces the same allegation, but his attorney, Albert Gimbel, said Thursday
that he didn’t know how Majka would plead to that issue. Majka declined to
comment. After Hooper has had sufficient time to review the facts of the case,
he will issue a recommended finding for the ethics commission to consider.
Tallahassee attorney Gary Early, representing the Bay County officials, said it
would be at least two months for Hooper has a recommendation.
May 23, 2006 News-Herald
Bay Medical Center is seeking payment for the treatment of four patients who
were either furloughed from the Bay County Jail or booked after their stay.
County and Bay Medical will meet at the hospital Wednesday to discuss the cases
that date back as far as 2000. The meeting was scheduled after a circuit judge —
at the county’s request — ordered that the hospital and the county attempt to
resolve the conflict over payments out of court. Bay Medical filed several
lawsuits seeking payment from the county in 2003. The lawsuits later were
consolidated. Hospital CEO Steve Johnson requested Wednesday’s meeting in a
letter May 2 to County Manager Edwin Smith. When prisoners have no means of
paying for hospital treatment, Florida law places responsibility on the county
where the patient was arrested. “We believe that the county cannot avoid its
responsibility by obtaining temporary medical furloughs or by dropping arrestees
off at the hospital before booking them into jail,” Johnson wrote in his letter
to Smith. County correctional program manager Roger Hagen said the county pays
about $350,000 in medical bills for inmates each year. Payment issues between
hospitals and local governments are common, he said. “The judge is issuing an
order. It’s legal. There’s no question about it,” Hagen said. “We’re trying to
minimize the exposure to the county, but just to have them all the sudden not be
under the jurisdiction of the county, now is that playing by the rules? It is
playing by the legal rules, but it does create an exposure for Bay Medical.”
When very sick individuals are jailed for minor crimes, Hagen said he has
encouraged CCA employees to ask judges to consider their release. However, Hagen
said he was unaware until Johnson raised the issue that prisoners were being
released with a requirement that they return to the jail after treatment. The
jail is run under contract by Corrections Corporation of America, but the county
pays for patient treatment outside of the jail. However, a new contract starting
in October puts the first $10,000 in medical bills per inmate on CCA’s tab.
“When the new contract goes into effect, CCA is going to have the exposure up to
$10,000,” Hagen said. “I’m sure they’re going to be highly motivated to
encourage the judge to reduce those costs. Whether the judge goes along with it,
I don’t know.”
May 2, 2006 WJHG
A lawsuit challenging the awarding of a contract to build and operate a new Bay
County Jail has been dismissed. Circuit Judge Glen Hess tossed out the suit
filed by Emerald Corrections against the Bay County Commission and Corrections
Corporation of America. The dismissal Monday clears the way for the county and
CCA to continue planning to build a new county jail adjacent to the jail annex
in Bayou George. Emerald had challenged the awarding of the contract for the
project to CCA saying it wasn't the lowest and best bidder. It’s the second time
Judge Hess dismissed the Emerald Corrections lawsuit.
April 26, 2006 News Herald
Circuit Court Judge Glenn Hess heard arguments Monday in Bay County’s motion
to dismiss a correctional company’s lawsuit accusing the county of wrongdoing in
awarding a contract to Corrections Corporation of America for jail construction
and operation. Hess did not immediately rule on the motion and offered no
comments during the hourlong hearing. He said he might make a decision this
week. County attorney William C. Henry and counsel for CCA used their time to
try to discredit Emerald Correctional Management LLC’s six-count complaint.
Their dominant argument was that the county acted within its “legislative,
discretionary role” in reviewing and ranking both companies’ responses to the
county’s request for proposals, or RFPs, to build a new jail. Emerald has
alleged that Bay County violated Florida procurement laws, Sunshine Laws and the
RFP terms. On Monday, Henry said Emerald failed to provide certain facts and
meet specific criteria in order to make a request for injunctive relief to
prevent CCA from receiving the contract. Addressing Emerald’s allegation that
the county violated Sunshine laws, Henry said the plaintiff was not a citizen of
Florida and therefore lacked standing to make that claim. Emerald’s attorney,
Obed Dorceus of Tallahassee, told Hess that “courts must liberally construe”
Florida law to determine whether Emerald has standing to claim there were
Sunshine law violations as an individual rather than on behalf of the public’s
interest. The county wants a 150,000-square-foot addition to the existing jail
annex on Nehi Road, creating 680 new beds in addition to the existing 410. The
RFP also called for the downtown Bay County Jail to be demolished and for
construction of new holding cells connected to the Bay County Courthouse.
Emerald, based in Shreveport, La., proposed a price of $31.8 million to complete
the project, while CCA’s price was $38.8 million. After the bids were unsealed,
the county clarified the figures to take into account differences in each firm’s
proposals. In the end, the county determined that Emerald’s price is $35.4
million and CCA’s is $36.4 million. Dorceus has claimed that the county simply
amended the figures to suit Tennessee-based CCA, which holds a contract to
operate the county’s jails through October. But Henry defended the county’s
handling of the jail RFP, saying that local ordinance “gives a great deal of
discretion to deal with the procurement process.” CCA attorney Cliff Higby’s
main point to Hess during the hearing was that as long as “reasonable people
could disagree” on whether CCA or Emerald had the best proposal, the courts
should not intervene. In February, Hess denied Emerald’s request for an
emergency injunction to prevent the county from signing a contract with CCA.
Neither the contract for construction nor operations and maintenance have been
signed, however.
April 8, 2006 News-Herald
Bay Medical Center’s CEO wants the county and local municipalities to take
on greater responsibility for criminals and police suspects who are treated at
the hospital. Steve Johnson has requested a meeting with Bay County Sheriff
Frank McKeithen and Panama City Police Chief John Van Etten to discuss the
matter. In a letter addressed to McKeithen and Van Etten on March 27, Johnson
complains that the law enforcement agencies are waiting until injured or sick
suspects are discharged from the hospital to arrest them, leaving the hospital
responsible for charges when patients have no health coverage. Also, Johnson
writes, prisoners are being released from the Bay County Jail for hospital
treatment and picked up by authorities after discharge. “I really don’t see how
Bay Medical can continue to fund this practice,” Johnson said in the letter,
which also was sent to the Bay County and Panama City commissions, Panama City
Mayor Lauren DeGeorge and the hospital’s board of trustees. Johnson said he
plans to schedule the meeting next week. In the event of injury or illness at
the time of or during an arrest, Florida laws puts responsibility for medical
payment first with the patient, then with the county or municipality where the
person was arrested in the event that the individual does not have medical
coverage. Roger Hagen, the county’s correctional program manager, said Johnson’s
concerns are not unique to Bay County. “It’s an ongoing dilemma — who’s going to
pay for this kind of care,” Hagen said. The same issues Johnson is complaining
of are among the reasons that Gulf Coast Medical Center, the county’s private
hospital, raised rates for prisoners about a year ago, said Wes Fountain, Gulf
Coast’s chief financial officer. “They, being the county or the Sheriff’s
Office, don’t take ownership of these patients at certain points,” Fountain
said. “Some patients, they would have financial responsibility for.” “And a lot
of patients, they would not have responsibility for and it was unclear to us a
lot of time which ones were it. That was the problem — just kind of
understanding it.” An agreement was signed June 21 making non-profit Bay Medical
Center, the larger or the county’s two hospitals, the primary provider for
county prisoners. Gulf Coast served the same role before the hospital raised
charges. Knowing what had happened with Gulf Coast, Hagen said of Bay Medical,
“They knew the risk of what they were walking into.” Under the agreement with
Bay Medical, hospitalized inmates are treated at a discounted daily rate of
$1,248 with special rates for some services like cardiac care, Hagen said.
Addressing the complaint that prisoners are being released from custody and
dumped on the hospital, Hagen said he did not know of any instances in which
prisoners were released for hospital care and taken back into custody for the
same charges after their hospital discharge. However, in some cases, Hagen said
prisoners who need hospital care are evaluated to determine whether they really
need to be in jail. For example, Hagen said, if a prisoner were taken to the
hospital with chest pains, the case might be reviewed and if that individual
were in jail for a light offense, such as being intoxicated in a right of way,
jailers might request that a judge release the individual from custody. “It’s
got to be a minor situation before a judge would go ahead and do something like
that,” Hagen said. Bay County is finalizing a new contract with jail operator
Corrections Corporation of America, and Hagen suggested some of the issues
between the county and the hospital might be resolved when that contract goes
into effect in October. The county has been picking up all medical costs outside
the jail, but the new contract requires that CCA pay the first $10,000 in
charges per inmate. Johnson said there have been informal talks about the
hospital’s concerns, but he decided those talks were getting nowhere after
reading comments made by local law enforcement representatives in a March 21
News Herald article. The article was about a local man who was shot by police
during a drug investigation. He faced charges from the Sheriff’s Office and the
Panama City Police Department and was arrested upon release from the hospital.
Explaining why the man was not arrested before his release, Panama City Police
Sgt. Kevin Miller told The News Herald, “If we were to arrest him, he would be
in our custody, therefore our responsibility.” Sheriff’s Office spokeswoman Ruth
Sasser said, “We don’t usually arrest people while they’re in the hospital and
when the appropriate time came we arrested him.” Johnson described the comments
as a blatant description of the practices he is concerned with. McKeithen
declined comment on the issue Friday. “I’m sure all of these issues will be
addressed at the meeting,” Sasser said. Van Etten was unavailable for comment.
March 22, 2006 News Herald
It's time again to put the "Help Wanted" sign out in front of the Bay County
Jail after the facility experienced another sudden departure of its warden. Mark
Henry resigned as jail warden Tuesday, said Steve Owen, a spokesman for
Corrections Corporation of America, the private company that operates the jail
for Bay County. Owen said the resignation was effective immediately and that
former Warden Denny Durbin will serve as the interim warden until a replacement
is found. Owen said Henry did not provide a written resignation but told CCA
officials he was leaving the company for "personal reasons." The former Jackson
County Jail warden's departure comes six months after he took over the jail in
wake of the transfer of then-Warden Kevin Watson. In August, Watson was granted
a request for a transfer. He also cited "personal reasons" as the basis for his
request. Watson's request came the same day CCA confirmed the termination of
then-Assistant Warden John Rochefort for violating CCA policies. Watson had
taken over as Bay County Jail's warden in December 2004, replacing Durbin - who
had served as the jail's warden since 1987. Owen said county officials have been
notified of Henry's abrupt resignation. Attempts to contact Henry and Roger
Hagen, the county's contract monitor, were unsuccessful Tuesday. The Bay County
Jail and CCA's contract with the county have been the subject of increased
scrutiny since Durbin's final year at the helm. In September 2004, a CCA nurse
was shot by police during a hostage standoff between officers and inmates who
broke out of their cells thanks in part to mistakes by jail staff and faulty
locks. Last year at the jail, an attempted escape by an accused cop killer was
foiled after jail and police officials discovered the suspect had saw blades
smuggled into his cell. Also, CCA fired a jail supervisor and a nurse after
learning the nurse was reportedly having sex with an inmate. In November, a
nurse was fired and another nurse reprimanded after a pregnant inmate delivered
a premature baby inside the Bay County Jail Annex four hours after the woman
complained of labor pains. CCA currently faces a civil suit from a fellow jail
management company that claims it was cheated when the county renewed its
contract with CCA in February.
March 8, 2006 News Herald
An accused cop killer and a man suspected of leading a
2004 jail floor takeover face additional charges after attacking a jail guard on
Tuesday, according to a news release. Authorities charged Robert James Bailey,
23, and Kevin Bradley Winslett, 35, with battery on a corrections officer
stemming from separate incidents at the Bay County Jail Annex. According to the
Bay County Sheriff’s Office: On Tuesday morning, a jail maintenance worker was
placing plastic shields around Winslett’s cell to prevent him from throwing
liquids at guards. Winslett threatened to throw urine at the worker before
tossing an unknown liquid and forcing guards to remove him from his cell. During
a struggle, Winslett kicked a shield into the guard’s face — splitting the
guard’s lip. A few hours later, Bailey threw an unknown liquid at maintenance
workers who were putting shielding around his cell. The same jail guard who was
reportedly injured by Winslett went into the cell and was confronted by Bailey,
who was armed with a homemade shiv crafted out of a toothbrush and barbed wire.
Bailey cut the guard’s head before being disarmed and restrained. Investigators
are not sure how Bailey obtained the barbed wire.
February 25, 2006 News Herald
Circuit Judge Glenn Hess cleared the way Friday for the county to sign a
contract with Corrections Corporation of America for the construction and
maintenance of a new jail. Hess denied a request from Emerald Correctional
Management for an emergency injunction to prevent the county from sealing the
deal. Emerald’s lawyer, Obed Dorceus of Tallahassee, told Hess that the county
violated state law and its own procedures in awarding CCA the jail contract over
Emerald. Dorceus said Emerald’s proposal for the jail project was $5 million
less than CCA’s. But, he said, after the proposals were unsealed, the county
asked for clarification and allowed CCA to modify its proposal. Then, Dorceus
said, the county approved the revised proposal and agreed to a contract. “They
just waited to resolve it in a manner that benefited CCA,” he said. The County
Commission voted Tuesday to sign the six-year contract with CCA. Its attorney
advised that the board did not need to wait until a judge ruled on Emerald’s
request. Emerald proposed a price of $31.8 million to complete the project while
CCA’s price was $38.8 million. After the clarification process, the county
determined that Emerald’s price actually will be $35.4 million and CCA’s $36.4
million. Emerald also is seeking damages and ultimately to have the county’s
decision reversed. Dorceus said he feels confident that at the end of a trial in
this matter the judge would “direct the board to award the contract to
(Emerald).” The county’s attorney, William Henry, argued that this was a request
for proposal, not a bid, and the county made it clear throughout the process
that it had the right to reject any proposal. He said CCA’s proposal was closer
to what the county wanted. The bid process has more legal restrictions than a
request for proposals. Essentially, when the county asks for a bid on a project
it knows what it wants done, how it wants it done and what materials are to be
used, then puts out a request for companies to offer their cheapest price to do
the work. By law, the county is required to accept the lowest bid. Requests for
proposals are used when the county wants a project done but does not know how to
do it. It then asks companies for a game plan as well as cost projections. When
those come in, the county then negotiates with the companies to try to get the
best price and contracts with the most favorable. The county is not required to
accept the lowest price in a request for proposal. Hess said it was that
flexibility in the request for proposal that saved the deal with CCA. “The
language of this makes it very clear that the county didn’t have to accept or do
anything but look at the paperwork and say, ‘This is all very nice,’” he said.
Dorceus said both processes require the county to adhere to policies and give
fair treatment to the companies involved. Roger Hagen, who oversees the jail
contract for the county, testified that neither Emerald nor CCA provided an
exact response to the request for proposal, so county staff requested both
companies to clarify their plans. After seeing the proposals in better detail,
Hagen said county staff members scored the plans and CCA was viewed as the
better prospect. He said neither company was allowed to alter its proposal
during the clarification process. Hagen said the county’s proposal was
four-part: design and build an extension at the annex on Nehi Road; operate the
new facility; demolish the old downtown jail; and finance the project. Emerald,
he said, proposed a separate building next to the annex but not connected to it.
That would mean separate kitchens, laundries, staff and check-in procedures.
Hagen said that would make for a cheaper construction plan, but more expensive
operational costs in the long run. He said the county specifically asked for an
addition to the annex to keep operational costs down and CCA’s proposal was
closer to what the county envisioned. Hagen said CCA also had more experience
than Emerald in operating a jail. Hagen acknowledged that CCA had no experience
in jail operations before it was awarded its first contract with Bay County 20
years ago. Dorceus pointed out that CCA’s proposal did not fix a price to the
final project, but left in an option to renegotiate the price if material costs
are higher due to post-Hurricane Katrina construction projects. The jail project
goes into design phase as soon as the contract is signed. Construction is slated
to begin in July. CCA’s current jail contract would have expired in October.
February 22, 2006 News Herald
Corrections Corporation of America will continue its tenure as Bay County jail
operator, although a new contract which the County Commission approved Tuesday
allows for a quick, cost-free termination. At its regular meeting in Panama City
Hall, the board voted 4-1 to enter into a six-year contract with the Tennessee
based CCA, plus a two-year contract for constructing an expansion to the jail
annex on Nehi Road and other related projects. Bob Majka, assistant county
manager, told commissioners that construction costs dropped from $41.5 million
to $39.7 million through “value engineering,” such as using a chain-link fence
versus concrete to serve as a yard barricade. Majka and the rest of county staff
accepted mostly praise for their work, although two commissioners said staff
should have produced an estimate for the Bay County Sheriff’s Office to run the
jail. Commissioners George Gainer and Jerry Girvin said they wanted to see what
it would cost the county to run the jail, and Gainer had the harshest words for
Majka for not having that information. “I’m a little put out with staff because
you didn’t do what you said you would do,” said Gainer, who voted against the
motion to bestow CCA with the contract. But Majka said there was no instruction
from commissioners to get that figure. According to Thomas, Sheriff Frank
McKeithen has told him that his department could run the jail but probably not
for less money than any private firm could. One resident, Tom Misskerg, told
commissioners they “need to take a harder look at jail operations” before
awarding a contract. Later, he addressed the board again to ask about potential
consequences if another jail construction firm wins its lawsuit against the
county over its RFP process. Emerald Correctional Management LLC — the only
other firm to bid for the project — has alleged that the county violated state
procurement laws and Sunshine Laws when considering proposals. County attorney
Mike Burke would not divulge details about the situation, but assured the board:
“We wouldn’t have let you go ahead with this contract if we thought there was a
problem.”
February 17, 2006 News Herald
Youth, stupidity and blind love were not enough to keep accused cop killer
Robert Bailey’s girlfriend from a prison sentence on Thursday. But admitting her
guilt may have saved Andrea Guenette seven extra years behind bars. Circuit
Judge Glenn Hess sentenced Guenette, 22, of Wisconsin, to three years in prison
after she pleaded guilty to introducing contraband to the Bay County Jail and
conspiring to commit escape. She could have received a 10-year sentence.
Guenette gave hacksaw blades to a jail trusty who gave them to Bailey. Bailey,
23, is accused of shooting to death Panama City Beach Police Sgt. Kevin Kight
during a traffic stop last year and faces the death penalty if he’s convicted as
charged of first-degree murder.
February 10, 2006 News Herald
Bay County officials on Thursday rejected all of Emerald Correctional
Management’s claims in a lawsuit that the bidding process for a jail expansion
project was improper and illegal. Meanwhile, the company’s attorney, Obed
Dorceus of Tallahassee, said he will ask Judge Glenn Hess to expedite a hearing
for a temporary injunction against the county to halt its negotiations with
Corrections Corporation of America. “We’re concerned that if the county proceeds
with a flawed (selection) process, we may not be able to get some of the
remedies we’re asking for,” Dorceus said. The most important objective for
Emerald, Dorceus said, is to receive the contract to design and build a Bay
County correctional facility. In the lawsuit, Emerald states that the county
permitted CCA to modify its proposal after all proposals were opened, violating
state law. The county said in a letter to Dorceus that it never asked for a
fixed price in the RFP and that “both firms were asked to clarify their
proposals to allow the board to conduct due diligence and select a firm with
whom to begin negotiations.”
January 20, 2006 News Herald
In a strip cell at the Bay County Jail Annex, on suicide watch next to an inmate
with a penchant for beating up cellmates, Sweatt wanted out in the worst way. He
made a ruckus, yelled for guards, even broke a toilet seat to no avail. Shoeless
and clad in a jail gown, the 49-year-old crawled onto a mat on the floor to
sleep. He awoke to a severe stomping and, later, brain swelling — all thanks to
a “questionable assignment” and drastic overcrowding, according to an incident
review obtained by The News Herald. The incident underscores a consistent theme
— too many prisoners and too few places to put them — hashed over by county
officials and Corrections Corporation of America, the private company paid $16.3
million this year to run facilities downtown and near Nehi Road. A report
compiled by Bay County’s contract monitor and released this week indicates that
guards and supervisors violated no procedures during the late December incident
that landed Sweatt in the hospital and his alleged attacker back in court. In
fact, the incident report places blame on a single issue: overcrowding. “The
questionable assignment of Sweatt to a cell occupied by (Orlando Marcus Holly)
was necessitated by overcrowding in D Dorm,” wrote Roger Hagen, the county’s
pointman with CCA. One cell, Hagen reported, was out of commission because of a
broken toilet and guards felt it best to house Holly and Sweatt in a cell near
an observation desk. Holly was accused of a similar assault two weeks later and
forced officials to rethink his daily handling. Guards now move Holly in full
restraint — including a belly chain and leg restraints — and the 25-year-old is
housed alone in a cell. Authorities reported that Sweatt had asked to be moved
from Holly’s cell but was rebuffed because the dorm and other high-security
cells already were full. The men bickered throughout the day, officials said,
and at 1:45 p.m., Holly laid into his cellmate with a flurry of punches and
kicks. The beating was so bad that Sweatt remained in critical condition for
more than two weeks and suffered brain swelling, inner cranial bleeding and a
shattered orbital bone. Police waited 10 days to charge Holly because they
feared Sweatt would die.
January 14, 2006 News Herald
Emerald Correctional Management LLC has accused the Bay County Commission of
breaking state laws in its decision to pursue negotiations with another firm for
jail construction projects. The process the County Commission went through in
accepting and evaluating the request for proposals, or RFP, was “arbitrary,
capricious and illegal,” states Emerald’s petition, filed last week with the
county. The county wants a 150,000-square-foot jail addition to the existing
jail annex on Nehi Road, creating 680 new beds in addition to the existing 410.
The RFP also called for the downtown Bay County Jail to be demolished and for
construction of new holding cells connected to the Bay County Courthouse.
Shreveport, La.-based Emerald had said it could build the addition for $31.8
million and Tennessee-based Corrections Corporation of America, or CCA, priced
it at $38.8 million. The county chose to enter negotiations with CCA. In a
formal notice of protest filed Jan. 6, Emerald alleged that Bay County violated
Florida procurement laws, Sunshine Laws and the RFP terms. The company requests
the county “forward the protest to the Division of Administrative Hearings for a
fair determination of the issue at hand.” Emerald further labeled CCA, the
company currently operating Bay County’s jails, as “non-qualified,
non-responsible and non-responsive.” After taking into account project features
that were either missing from the RFP or added but not asked for, the county
determined Emerald’s design-and-build cost would be $35.4 million rather than
$31.8 million, and CCA’s would be $36.4 million instead of $38.8 million. County
staff said that with construction and fixed operational cost for six years, it
would cost $117.1 million to stick with Emerald and $114 million with CCA.
January 12, 2006 News Herald
Since grand juries in Bay County are not encouraged by the courthouse
leadership to exercise routine oversight of county offices and facilities,
lawsuits are an alternative but expensive way for citizens to involve other
citizens as jurors in attempting to understand how well or how badly things
work. As the father of Martin Anderson said on Tuesday, “I just want to know
what happened to my son.” Knowing what we know now, just days after the
incident, our view does not see anything sinister in the death of the
14-year-old boy during his initiation into a stay at the Bay County Sheriff’s
Office Boot Camp. We have numerous questions, of course, which we expect a
Florida Department of Law Enforcement investigation to answer. Anderson’s
parents say they don’t trust FDLE to thoroughly and impartially investigate the
Sheriff’s Office — one police agency investigating another. They want someone
else to do it, an “independent agency.” Although the news story didn’t say, the
family presumably will seek compensation if their son’s death was caused by the
wrongful behavior of people who had him in custody. We have no such quarrel with
FDLE’s professionalism. However, wrongful-death lawsuits are an understandable
reaction by survivors looking for someone to blame. Sometimes the lawsuits bring
to public attention things the public should know as consumers and taxpayers.
Lawsuits uncover the safety risks of prescription drugs, potentially fatal
defects in popular vehicles and other consumer products, and the management
practices of public institutions that are free from grand jury oversight. But
not often enough. Certainly there is no shortage of lawsuits. The problem is
that the prevalence of secret settlements to avoid trial makes public
enlightenment a less likely outcome. Survivors who sue to find out what happened
often walk out of court having signed an agreement not to tell. The lawsuits
seldom go to public trial. Corrections Corporation of America had 16 lawsuits
related to its management of Bay County jail facilities during a recent
three-year period, according to the Tallahassee based Private Corrections
Institute. Settlements ranged from $150 compensation for an injury to $500,000
to the family of Justin Sturgis, who died in jail custody. For CCA, lawsuits are
a cost of doing business the way it wants. For citizens and taxpayers of Bay
County, pretrial settlements mean the plaintiff gets compensated for the wrong
without the public having to know the details, and thus perhaps feel obliged to
make conditions right.
January 11, 2006 News Herald
Deputy Public Defender Walter Smith said Tuesday that he has a better chance
of keeping accused cop killer Robert Bailey off death row by being a witness in
the case instead of being Bailey’s lawyer. Smith withdrew from the case and told
Circuit Judge Glenn Hess that he expects to be a witness when the court has a
hearing to determine Bailey’s mental condition. Smith said he also will look
outside the county for a lawyer and put together the paperwork necessary for
Bailey’s new attorney to ask for a change of venue. Smith said he wants the case
handled by a Tallahassee lawyer and decided by a Leon County jury. A change of
venue could move Bailey out of the Bay County Jail Annex where he has been since
August. Smith said Bailey’s treatment at the jail has aggravated Bailey’s
existing mental problems. “His condition has deteriorated since he’s been in
solitary confinement,” Smith said. “I think his mental state is a direct result
of the condition he’s kept in.” Smith said Bailey is isolated in a small cell
with a light burning 24 hours a day, making it difficult to sleep. The toilet in
Bailey’s small cell would not flush for three months, and a jailer had to empty
it manually during that time. “A Fortune 500 company like Corrections
Corporation of America can’t fix a toilet?” Smith said, referring to the jail’s
corporate owner. “I know what’s going on, and it’s unconscionable. They’re being
punitive.” Bailey complained about the toilet the last time he was in court and
Hess ordered it repaired. Bailey’s last words to the judge Tuesday were about
that issue. “Thanks for fixing my toi …,” Bailey, who appeared at the hearing by
closed-circuit television, said. The last word was cut off when the connection
was cut. Bailey’s mail is intercepted and his phone calls are monitored. He is
not allowed visitors or contact with other inmates, Smith said. Bailey rarely is
allowed to shower and is almost always shackled and handcuffed, Smith said.
“This is not because I like Robert Bailey and I think he’s a sweet guy,” Smith
said of his outrage over Bailey’s treatment. “It’s because he’s not being
afforded his basic constitutional rights.” The jail’s treatment of Bailey, Smith
said, has made it more difficult to give Bailey a fair trial because it has
impacted his mental state. Smith said Bailey understands the legal process, but
he’s now more likely to act out in an inappropriate, even aggressive, manner in
court.
January 3, 2006 News Herald
Orlando Marcus Holly waited until the lights were off and his 49-year-old
cellmate was asleep before Holly began kicking him, a Bay County Sheriff's
Office investigator said Monday. Investigator Mitch Pitts also said Holly, 25,
probably would have killed Robert Sweatt if not for the swift reactions of
guards at the Bay County Jail Annex. Sweatt's teeth were kicked out, his orbital
bone was shattered and he had inner cranial bleeding. Sweatt was rushed to Bay
Medical Center and is recovering in surgical intensive care, Pitts said. Court
records show that Holly was charged with battery three times in 2005, including
a count of battery on an inmate. The day before the alleged attack on Sweatt, a
judge sentenced Holly to more than a year in prison after Holly admitted to
probation violations.
January 2, 2006 News Herald
Police charged a 25-yearold inmate with severely beating a cellmate 10 days
after two guards witnessed the attack in a dormitory at the Bay County Jail
annex, according to arrest documents. Investigators accused Orlando Marcus Holly
of aggravated battery on a detainee more than a week after the alleged beating.
It was so severe that the 49-yearold cellmate remained in critical condition in
surgical intensive care on Sunday. According to an arrest affidavit, Robert
Sweatt was sleeping on a floor mat Dec. 20 when Holly began stomping on his
face, kicking out Sweatt's teeth, shattering his orbital bone and causing inner
cranial bleeding. Sweatt was rushed to Bay Medical Center. Two Bay County Jail
guards witnessed the attacks, police reported. It is unclear when Bay County
Sheriff's Office investigators were notified of the attack, and officials from
the Bay County Jail and the Sheriff's Office could not be reached Sunday. Court
records show that Holly was charged with battery three times in 2005, including
a count of battery on an inmate. The day before the alleged attack on Sweatt, a
judge sentenced him to more than a year in prison after Holly admitted to
probation violations.
December 31, 2005 News
Herald
Emerald Correctional Management LLC is formally protesting Bay County's decision
to negotiate with another firm for new jail construction. Steve Afeman,
Emerald's executive vice president, said Friday that his company would formally
send to Bay County a Notice of Protest for choosing on Dec. 20 to negotiate with
Corrections Corporation of America to build an addition to the jail annex on
Nehi Road and related projects. Emerald has requested from the county every
document and piece of information relevant to the RFP, or Request for Proposals.
The move has confused Bay County officials and the Tennessee-based CCA because
no bidder has been awarded a contract. Roger Hagen, contract monitor for the
county, said Friday that he had not received the Notice of Protest from Emerald.
Earlier this month, county staff produced an analysis that reflected the
variations in both firms' proposals. Neither firm adhered precisely to what was
asked for in the RFP, said county spokeswoman Catherine Zehner, so adjustments
were made to "try to level the playing field." Afeman said it appears
that "CCA has adjusted their bid after looking at our" proposal. Hagen
and CCA deny that such action occurred.
December 30, 2005 News
Herald
Emerald Correctional Management LLC still wants the contract for Bay County's
jail projects and has requested extensive documents related to the county's
decision to negotiate with another firm. Steve Afeman, Emerald's executive vice
president, said Tuesday that his company wasn't yet formally protesting how the
county handled the request for proposals, or RFPs. "We're still looking at
the comparison for how they formulated their bid structure," he said.
"We want to leave our options open until … we feel everything was
reported accurately." Afeman is referring to the county staff's
interpretation of Emerald's and Corrections Corporation of America's RFP
responses. As early as today, the Shreveport, La.-based Emerald may decide
whether to file a Notice of Protest of the RFP, Afeman said. But Emerald's
Tallahassee attorney, Obed Dorceus, said in an e-mail message late last week to
county officials that a "formal written protest will be filed within the
time required by law." The attorney further asks the county to suspend
activity regarding the RFP until the dispute is resolved.
December 21, 2005 News Herald
Bay County plans to stick with Corrections Corporation of America to run its
jails and build the jail annex addition. At Tuesday's County Commission meeting
at Panama City City Hall, the board voted unanimously to instruct county staff
to negotiate a contract with CCA. The county still reserves the option to pull
out if it does not like the final price CCA delivers for the project. If a
compromise cannot be reached, Commissioner George Gainer said the board will
consider building and operating jail facilities itself. Besides the jail annex
addition on Nehi Road, the county wants the downtown Bay County Jail demolished
and new holding cells connected to the Bay County Courthouse. Besides
Tennessee-based CCA, the only firm that responded to the request for proposals,
or RFP, was Emerald Correctional Management in Shreveport, La. For the entire
scope of services, Emerald listed its price as $35.4 million. CCA estimated a
cost of $41.5 million. Gainer said he was not comfortable with CCA's price
estimate, and he is concerned because the expanded jail annex could be at or
over capacity several years after its expected opening in spring 2008.
"This does not meet our needs," he said. "A lot needs to take
place with the negotiating team for this to move forward." "We need to
think long and hard" about the contract, he added. "It's going to
affect everyone in Bay County for 50 years." Budget Officer Mary Dayton
said that if CCA funded the design and construction of the jail annex addition
with its 8-percent interest rate over 25 years, the interest alone would total
$56.7 million. She said the county could get an interest rate of 4.5 to 4.7
percent, and over 25 years, that would total $32.6 million in interest.
Commissioner Mike Thomas asked county staff to analyze what debt payments would
be if the county tried to pay for the project in 18 to 20 years.
December 18, 2005 News
Herald
To pair as "jail project contenders" Emerald Correctional Management
and Corrections Corporation of America, as did a Nov. 22 News Herald headline,
is akin to pairing as boxing-ring "contenders" Pee Wee Herman and
Muhammad Ali. CCA manages jail and prison complexes totaling almost 70,000 beds.
That's 23 times as many as Emerald's 3,000, and even those are more likely found
in less rigid detention centers. But, the two are squared off a in the political
arena, not a boxing ring. The prize is a $31 million to $38 million construction
job, plus a 10-year contract worth at least $170 million to operate the greatly
enlarged county jail. A majority of Bay County commissioners in early December
charitably advanced Emerald to a second round this week, on Tuesday. If not
Tuesday, then sometime, someone on the County Commission needs to ask, "Who
ARE these people?" Emerald's brochure - the one for jail management (the
Emerald Companies' emblem appears on numerous other closely held enterprises
including homebuilding, real estate and drug testing) - directs attention to its
six-man management team. Emerald says it has been doing business out of
Shreveport, La., since 1989. In a fashion familiar to anyone who ever puffed a
resume, Emerald boasts in its management team "More than 80 years of law
enforcement experience," "More than 45 years in principal founder of
Emerald Companies," worked "in the correctional and construction
industries for more than 20 years." He also heads Emerald Correctional
Management, LLC; Emerald P.M. Group, LLC; Emerald Properties, Inc., and The
Emerald Group, hardly any of which show up online as identifiable entities. Lee
also serves as vice president of W. T. Lee Construction Co., presumably headed
by W. T. Lee, who brings "more than 35 years" experience as the
management team's business-development man. Glenn P. Hebert, the chief operating
officer, worked for 13 years in the Sheriff's Office of Vermillion Parish
(pre-Katrina pop. 50,000). Before that, he worked in retail. Emerald's chief of
security, Raywood LeMaire "brings more than 35 years of law enforcement
experience" including a memorable 20 years as Vermillion Parish sheriff.
"It was legend that if you crossed the Sheriff, you were fed to the crabs
at Raywood's cabin in Freshwater Bayou," a former resident once said.
LeMaire was sheriff in 1990 when a crazy man shackled in an isolation cell
plucked out his own eyes. To LeMaire a violent prisoner was a violent prisoner,
mental case or not, and treated accordingly. The deputy who discovered the
self-mutilation took an hour to decide whether to take the man to a
hospital. Eventually, blind but back on his medication, the man sued
LeMaire for negligence and won a jury verdict. LeMaire got the verdict thrown
out. LeMaire was still sheriff in 2002 when he was busted by U.S. Fish and
Wildlife Service special agents. He pleaded guilty to several charges, including
shooting over-limit ducks in Freshwater Bayou ponds baited with 500 pounds of
rice. He was fined $2,130. The government kept the ducks. LeMaire announced he
wouldn't seek reelection in 2004. Clay Lee, identified as CEO and "a
correctional management," "More than 30 years in correctional fiscal
management," and, "More than 40 years providing correctional
training." Most of this cumulative expertise is contributed by four men,
all longtime friends or relatives. General Manager Stephan Afeman worked for 17
years in the drug-screening industry. Comptroller M. Shane Carnahan has nine
years of experience in the correctional industry. They round out the management
team. Whatever "the correctional industry" means with regard to each,
they and many others across America are betting it's a growth industry. Until
its Bay County foray, Emerald Correctional Management has been a smalltime
player that capitalized on hustling even smaller-time players. Like The Music
Man, they'd go into small, isolated and impoverished counties and persuade local
officials that an economic boom was just a detention center away. Local
officials had only to pay to build the facility and pay them to operate it.
Emerald's eastward march for new territory leaves behind in Louisiana and Texas
some business success but some bad feelings. The most publicized was La Salle
County (2000 pop. less than 5,900). County commissioners were persuaded by a
lobbyist and the management team to issue $22 million in bonds to build a
500-bed prison. Although commissioners eagerly embraced the idea, they agreed to
keep public involvement at arm's length. The secretiveness enabled commissioners
and Emerald to reach convivial agreement without the hindrance of county legal
and fiscal staff. When the public learned what transpired - that the bonds paid
an outrageous 12-percent interest, underwriter fees were 6 percent, Emerald
would get a flat amount for operating the prison no matter how small the inmate
population, and the persuasive lobbyist reportedly received a percentage of the
deal, not a fee - the public was not amused. Lawsuits ensued. It was too late to
stop the bond fiasco. As part of the lawsuit settlement, however, Emerald agreed
to be paid based on the actual number of prisoners. Emerald also agreed to pay
the town of Encinal $50,000 and La Salle County $100,000. Both payments were
part of Emerald's bid but somehow were omitted from the contract. When County
Commissioner George Gainer talks about Bay County being victimized by bad
contracts in the past, this is the kind of shoddy legal work he means. La Salle
County had to issue an additional $4.5 million in bonds to pay contractors so
the work could proceed. The absence of public input caused additional
oversights. Now open, "The facility itself used up all but a few
connections-worth of our existing water supply capacity," says Encinal City
Council member Barba de Chiva. "It uses - and stinks - all of our sewer
capacity. Any further development is now contingent upon our spending millions
of dollars to upgrade local infrastructure."
December 16, 2005 News Herald
Emerald Correctional Management LLC says its method for financing jail expansion
will help save the county at least $20 million compared to Corrections
Corporation of America's payment option. But after meetings with Emerald's
staff, at least two County commissioners believe it is better for the county to
finance the project itself because the county has a lower bond rating than
either company could obtain. "That's not going to be there,"
Commissioner Mike Thomas said of Emerald's financing plan. "We can save
money doing a bond ourselves," he said, indicating that the county's bond
rating is around 4.5 percent and if either company funds the project, their bond
rating would be 7- to 8-percent. CCA proposes to fund the expansion itself at a
projected cost of $334,476 per month for 25 years, totaling around $100 million.
With private bond placement, as Emerald suggests, the total debt over 18 years
would be around $80 million, or $350,000 per month, said Glenn Hedert, chief
operations officer for the Shreveport, La.-based company. In a letter this week
to Commission Chairman Mike Nelson, CCA stated that Emerald did not adhere to
project specifications in the county's request for proposals, or RFP, and that
is why its plan costs less. "If they were compliant with the RFP, their
proposal would've cost as much as what we projected," said Jennifer Taylor,
senior director of business development for Tennessee-based CCA. Nelson said
Thursday he received the 18-page letter at his office, Mike Nelson &
Associates, but that he threw it away without reading all of it. "They've
already had their say," Nelson said, referring to Emerald's and CCA's
presentations to the commission on Dec. 6. "If Emerald sends me anything,
it's going to get tossed, too."
November 19, 2005 News Herald
Corrections Corporation of America fired a Bay County Jail Annex nurse for the
way she handled an inmate's complaint of labor pains, according to her
termination letter. Joan Elliot, 48, of Panama City, refused to acknowledge
wrongdoing in the events that lead up to Jennifer Bozeman, 26, giving birth to a
premature baby in the infirmary more than four hours after reporting labor pains
to jail guards, according to CCA records. Bozeman was in jail at the time for
failing to pay a $500 child support fine. CCA reprimanded nurse Melissa Blalock,
36, for her role in the incident on Nov. 7, according to CCA records. The names
and positions of the employees receiving disciplinary action were released to
The News Herald in accordance with the state Sunshine Law, but only after a
written request to the Tennessee based company's corporate headquarters and Bay
County Jail Warden Mark Henry denied access to the employees' personnel files.
According to CCA records, Elliot was terminated on Tuesday after CCA officials
determined the nurse failed to follow CCA sick call policy. Specifically, Elliot
failed to "accommodate unscheduled inmates/residents with conditions that
require immediate attention, including acute illness and injuries,"
according to her termination letter. During a follow-up discussion regarding the
jail birth, Elliot told Henry she had done nothing wrong and would not do
anything differently if the same situation arose again, according to CCA
reports. Elliot told CCA officials she was dealing with several medical calls at
the time, including a seizure, two guards bitten by an inmate and several
inmates waiting in the infirmary while Bozeman complained of pains. Jail
officials issued a written reprimand to Blalock, but did not terminate her. They
said Blalock failed to keep Bozeman in a "stable position/location"
until the inmate could be transferred to the hospital. Blalock should not have
allowed the expectant mother to walk in the unit, climb up and down from the
examination table or sit on a bench in the waiting area, according to CCA
reports.
November 16, 2005 News Herald
One employee has been fired and another reprimanded after an investigation into
a birth at the Bay County Jail annex revealed a series of missteps - from a
nurse who ignored cries for help to a supervisor unaware of the labor - that
preceded a delivery in the infirmary. Jail officials would not reveal the names
or positions of the employees who received disciplinary action, and a Sunshine
Law request made Tuesday afternoon was not immediately answered. Florida's
public records statutes routinely cover discipline reports of public employees,
including jail guards and nurses. "I can only talk in general terms,"
Warden Mark Henry said Tuesday afternoon. "We have to be cognizant of other
people's rights. These two employees have been disciplined and it has become
part of their official records. But that is proprietary information kept by the
company." Jennifer Bozeman said she complained of labor pains for more than
four hours before she was taken to the infirmary and seen by a nurse. Bozeman
said fellow inmates helped her through the ordeal, nursing her while jail staff
ignored her pleas for help. Bozeman's daughter, Crystal, was born just before 7
a.m. and was airlifted to Gainesville's Shands Hospital. The baby remained there
on Tuesday, where she is being treated for birth defects. Bozeman was jailed
Sept. 10 for failing to pay a $500 child support fine, although the fine was
paid late Monday night by a friend. While the names and positions of the
disciplined employees have not been released, CCA officials did divulge a
32-page report that documented mistakes and policy violations the night of
Bozeman's labor. Among them: Nurse Joan Elliott was informed of the labor pains
at about 2:30 a.m., and told guards to have Bozeman fill out a "sick
call," a written documentation of an inmate's illness. The slip was not
given to medical staff until 4:30 a.m. When a female guard handed the slip to
Elliott, the nurse said "it could wait." Elliott, in a written
statement, indicates that on Monday night she dealt with several medical calls,
including: a seizure, two guards who had been bitten and scratched, an inmate
with scratches, and a number of inmates waiting in the infirmary. Elliott later
retrieved sick calls and treated at least two other sick patients before she
received word from guards that Bozeman was having "stomach pains." It
was not until 6 a.m., Elliott wrote, that a guard told the infirmary nurses that
Bozeman was in labor. Capt. Richard Bouchard, who worked the overnight shift,
responded at least eight times to the dorm where Bozeman was held and was never
notified by a pair of guards that there was a pregnant inmate complaining of
labor pains. Bouchard also said "nor was there any documentation in the
post log book that the (labor pains were) addressed." By the time Bouchard
was notified, Bozeman already had been escorted to the medical unit. Jail
personnel waited more than 25 minutes to call an ambulance after a nurse
determined Bozeman was indeed in labor. The child was born before officials
contacted paramedics to take her to Bay Medical Center. At about 6:05 a.m., a
guard told nurse Melissa Blalock, who was starting her shift, that Bozeman was
in labor, and Blalock ordered the woman to be brought to the infirmary. Blalock
and Elliott then checked Bozeman for delivery symptoms and determined at 6:30
a.m. that she was in labor. Bozeman was sitting in an infirmary restroom when
Blalock assisted her to an exam table, although Bozeman was sent back to a
waiting room and Elliott ended her shift. At about 6:55 a.m., Bozeman screamed
for help and the child was delivered before Blalock could remove Bozeman's
pants. Blalock removed the umbilical cord from around the child's neck, ordered
a guard to call 9-1-1 and helped cover the child in blankets. Paramedics arrived
at the jail at 7:15 a.m. and the child was taken to the hospital at 7:20 a.m. -
nearly five hours after Bozeman first told guards she was in labor.
November 15, 2005 News Herald
She was in labor for more than four hours, crying in a crowded dorm room, bent
and writhing on a bunk, crooked with pain and sweat and gritted teeth, pleading
for help. When help finally came, so too did her child. The 26-year-old woman
who gave birth in the Bay County Jail annex said Monday that guards and nurses
repeatedly ignored her pleas for medical attention, allowing her to struggle for
four hours - using inmates as nursemaids - before the baby was born in the
infirmary. While jail officials have hedged against the release of information
related to a personnel investigation, Jennifer Bozeman offered sharp criticism
of the annex and its medical staff, saying Monday that officials failed both
mother and child. "They just ignored me," Bozeman said in an interview
with The News Herald. "They should have gotten me to the hospital. I kept
telling them: 'It hurts, I'm in labor.' They didn't do anything. It was just
handled wrong. I'm still hurt by it. I'm still having flashbacks."
Bozeman's account was confirmed by two female inmates who stood by her
throughout the labor, as both women said that it took more than four hours
before the expectant mother was transferred to a medical pod at the Nehi Road
annex. The inmates both issued stinging rebukes of the jail staff, calling the
situation untenable but believable. In fact, Charla Meadows, 33, said medical
attention is hard to come by at the facility - if it comes at all. "It's
crazy in here," said Meadows, being held on a cocaine charge.
"Jennifer told them at about 2 o'clock that she was hurting bad. I mean,
you could see her all bent over. One of the guards asked me if could get her
some ice, so I did. I just had to stay with her. She started hurting worse and
worse, and nobody would do anything to help her." According to all three
women, the incident unraveled like this: Bozeman first told an officer that she
may be in labor shortly after 2 a.m. The officer asked Meadows to deliver some
ice, and later allowed Bozeman to take a warm shower. As the pain progressed,
Meadows continued to ask for medical help. An officer tried unsuccessfully to
contact the overnight nurse, and at about 4 a.m. guards told Bozeman to fill out
a "sick call." The "sick call" is a form used to notify
personnel of medical problems, although Bozeman said the form went unheeded for
an additional two hours. During that period, another inmate - Tris Souza, 43 -
sat with Bozeman, massaging her back and rubbing her forehead. As the pain
reached its zenith, Souza began pounding on a cell window, pleading for help.
"We were just trying to get their attention," said Souza, also being
held on drug charges. "She just kept getting worse and worse, and I was
like: 'When are y'all going to help her?' They just kept ignoring us. That's not
so uncommon in here, though. "I've seen things that are totally
unbelievable. They think ibuprofen will cure anything." About 6 a.m. - with
a shift change - the daytime nurse ordered guards to have Bozeman delivered to
the infirmary. Once there, Bozeman said medical personnel diagnosed her
condition as kidney stones and allowed her to wait in a chair. The baby,
Crystal, was born within minutes. "I had to catch my own baby,"
Bozeman said. "It fell out into her pants," Meadows added. Officials
from Corrections Corporation of America, the private, Tennessee-based company
hired to run a pair of facilities in Bay County, have hesitated to release
details of an internal evaluation. Warden Mark Henry cited medical privacy laws
last week and declined to release information, although he did note that the
annex was at full staff during the incident. Roger Hagen, the county's jail
contract monitor, said he is awaiting information from CCA, and said the
timeframe between Bozeman's first complaint and the birth appears to be a key
factor in the evaluation. "That's my concern," Hagen said Monday.
"There is, however, some question of whether the midnight nurse had
competing priorities. The length of time it took the nurse to see her is a
concern, but I'm waiting to see what this person was up against. Were there
other things going on that prevented (the nurse) from seeing (Bozeman)?"
Bozeman's delivery came about two months early, and the child remained in a
neonatal care unit at Gainesville's Shands Hospital on Monday. The baby was born
with birth defects, Bozeman said, and the family is concerned about her health.
Bozeman has been jailed since Sept. 10 for failing to pay a $500 fine related to
a previous adoption. Since then, county taxpayers have paid nearly $3,000 - or
about $45 per day - to keep Bozeman behind bars. "I'm still so upset,"
she said. "I'm still so hurt by it. It was just handled wrong. They should
have gotten me to the hospital."
November 11, 2005 News
Herald
Jennifer Bozeman owes the state of Florida $500. She never paid, got sent to
jail, birthed a baby in the infirmary, and now Bay County taxpayers are footing
the bill - to the tune of about $2,730 so far. And she has not been charged with
a crime. By holding Bozeman in jail, taxpayers have vastly outspent her debt to
the state Department of Revenue regarding a child support fee for a previously
adopted child. The county pays about $44 per day per prisoner. The new mom has
been in jail for 62 days and has 28 to go. If she stays in jail the full 90
days, it will cost taxpayers about $3,960. That does not include her hospital
costs, which the county could be billed for. Bozeman, 26, was back Thursday at
the Bay County Jail annex, where she gave birth early Monday to a 5-pound,
8-ounce daughter in an infirmary. The birth is the subject of a personnel
investigation into several questions, including, according to the county's jail
manager and the Bozeman's mother: How long did officials wait to give Bozeman
medical treatment? In a brief phone interview earlier this week, Bozeman said
she told a jail guard that she was suffering the pangs of labor just after 2
a.m. Bozeman's mother, Doris Ayers, said the baby was born between 7 p.m. and
7:30 p.m. Officials from Corrections Corporation of America, the private,
Tennessee-based company that was paid $14 million in 2005 to run two Bay County
facilities, have repeatedly hedged against releasing documents related to the
birth. Warden Mark Henry said Thursday he could not speak to specifics of the
case, citing medical privacy issues that hinder the release of Bozeman's
information. Bozeman could not be reached in jail Thursday for a waiver. The
News Herald has requested documents related to staff levels and medical
procedures the morning that Bozeman gave birth. "At this point," Henry
said, "there isn't a whole lot I can tell you. I wish I could, but I can't
do it without violating her rights. Even as an inmate, people still enjoy rights
and privileges that I would not want to violate." One of those rights,
Ayers said, would be a proper birth. "It's just absurd," she said,
"that it happened like this. No one should have to catch their own
baby."
November 9, 2005 News Herald
The last of four men accused of taking hostages last year in a jail standoff
will not go to trial next week as planned. Instead, Kevin Winslett will be
evaluated for his mental competency to stand trial. Bay County Sheriff's Office
investigators said Winslett, 33, Kevin Nix, James Norton and Matthew Coffin took
over the fourth floor of the Bay County Jail on Sept. 5 and 6, 2004, and held
jail nurses hostage in a police standoff. The standoff ended when deputies shot
one of the men and a nurse.
November 9, 2005 News
Herald
Bay County Jail officials have launched a "full-fledged investigation"
of personnel at the Nehi Road annex after a pregnant prisoner repeatedly called
for medical attention hours before she gave birth in the infirmary early Monday
morning, according to the county's jail liaison. Conflicting reports have
emerged about the birth of a 5-pound, 8-ounce baby girl named
"Crystal," who was born at least one month premature and was expected
to be taken Tuesday to a neonatal facility at Shands Hospital in Gainesville.
The baby's mother, Jennifer Bozeman, was recovering Tuesday afternoon at Bay
Medical Center, where she was under watch by authorities and was expected to
return soon to jail. "I don't know what happened really," Bozeman
said. "I went into labor early Monday and I told one of the (corrections
officers), but they didn't really do anything. They were supposed to get me down
to the infirmary, but they didn't." According to Bozeman's mother, Doris
Ayers, jail officials have been evasive, releasing scant information about
Jennifer, the baby or the birth. Ayers said the birth announcement came from the
lips of a fellow prisoner during a mysterious phone call early Monday morning.
"(The warden) is not saying a whole lot," Ayers said Tuesday.
"You know, they actually told (Bozeman) that she had a kidney stone. That's
what they said was bothering her. … She told them she was having labor pains,
and she told me that by the time somebody came to get her, she had to catch the
baby. "That's exactly what she told me - that she actually had to catch her
own baby." Officials offered a slightly different account, although Roger
Hagen, who monitors the county's contract with the private company hired to run
the downtown jail and Nehi Road annex, said Tuesday that early indications show
a procedural breakdown among personnel. "That's my understanding,"
Hagen said. "There is an indication that there were some problems in the
way it was handled. The warden is conducting a full-fledged investigation. Right
now, he's doing a personnel evaluation to find out what happened." Henry is
the third Bay County Jail warden in 22 months, and was hired in September by
Tennessee-based Corrections Corporation of America, the private company that
holds a contract to run three county facilities. Henry, who last worked at the
Jackson County Jail and spent nearly 30 years in the federal prison system, took
over after the former warden quit and an assistant warden was fired.
October 1, 2005 News Herald
A man convicted of DUI manslaughter and an accused killer face additional
criminal charges after attacking guards at the Bay County Jail on Friday,
according to court records. William Deshonn Jones, 25, and Lashod Marquis Black,
21, each face a charge of battery on a corrections officer following separate
incidents at the county's main jail. According to court records, at about noon,
Jones became upset at a jail guard and threw two trays of food at the guard's
chest. Jones' outburst came a little over an hour after a guard accused Black of
grabbing her arm during a cell inspection, according to court records.
September 21, 2005 News Herald
Kevin Winslett should be ready for a new trial in November.
Winslett, the accused ringleader of a takeover of the Bay County Jail
last September, went to trial in August with his three co-defendants, but his
case was declared a mistrial. Co-defendants Kevin Nix, Matthew Coffin and James
Norton were convicted of false imprisonment and sentenced to 15 years in prison.
They went to trial on the same charges that Winslett faces, but were acquitted
of the most serious charges against them.
September 20, 2005 New-Herald
Lucrative contracts to operators of Bay County facilities and a $5 million
increase in funds for blighted communities contribute to the county’s budget
increase for fiscal year 2006. Operating costs for the two county-owned jails is
projected to rise $2 million, to $16.3 million for FY 2006. That’s despite a
decrease in the inmate population from about 1,100 last year to 900 currently,
according to Roger Hagen, Bay County correctional program manager. Usually,
there are 3 percent to 4 percent more inmates each year. There are fewer inmates
now because those nabbed by U.S. Customs and Border Protection officials no
longer are being housed in the Jail Annex. The
operations cost per prisoner is expected to be $45.35 in FY 2006, about $1 more
than it is now, said County Budget Officer Mary Dayton.
Corrections Corporation of America runs the jails, but its contract
expires next year. The county is looking to cut back on the amount it pays the
contractor, whomever is selected. Emerald Correctional Management Corporation,
based in Shreveport, La., also is bidding to operate the jail.
“I feel like the CCA contract has been far too lucrative,” Gainer
said. “If we don’t have a bid that’s much lower, then the county ought to
consider running it by ourselves.”
September 13, 2005 News Herald
For the third time in 22 months, the Bay County Jail has a new warden.
Corrections Corporation of America officials have hired Jackson
County’s corrections chief to run the beleaguered Panama City Jail after the
former warden quit and an assistant warden was fired less than a month ago.
Mark A. Henry, who last worked at the Jackson County Jail and spent
nearly 30 years in the federal prison system, is expected to start next week,
according to Bay County’s jail contract monitor.
Roger Hagen, who acts as a liaison between Bay County commissioners and the
private company hired to run three local facilities, said commissioners signed
off on the hire after CCA officials tabbed Henry sometime last week. The
hire came shortly after the dismissal of Assistant Warden John Rochefort for
violating an undisclosed company policy and Warden Kevin Watson asked for a
transfer for “personal reasons,” CCA officials said in mid-August.
The company declined to give the exact reason Rochefort was fired, nor
would they say in what capacity Watson would be retained. CCA officials did not
return phone calls Tuesday.
September 12, 2005 News Herald
Strategy is a part of any trial. But when four men accused of taking hostages in
a police standoff at the Bay County Jail were preparing to go to trial together,
strategies were everywhere. The Bay County Sheriff’s Office had a plan to keep
the four from attempting anything in the courthouse like what they were accused
of doing at the jail. Prosecutors had their reasons for trying all four
together, despite the security risks. And
the four defense attorneys had the job of devising an attack that would work for
their individual client, but not hurt the other three. Coffin’s
lawyer, Nancy Jones Gaglio, said there was an agreement going into trial that
their clients would not try to blame each other for the takeover. Gaglio
was able to address issues about jail conditions. “Judge allowed me to go
there a little bit,” she said Wednesday. “But part of my defense was it was
just a chaotic place and (jail operator Corrections Corporation of America)
certainly wasn’t taking care of and running the place properly. I was trying
to show that what happened was a direct result of CCA’s negligent
maintenance.”
September 7, 2005 News Herald
Kevin Nix and Kathy Baucum share the same nightmare.
Nix is one of three men convicted of falsely holding three jail nurses,
including Baucum, against their will in a September 2004 takeover of the third
floor of the Bay County Jail. The inmates were convicted last week of false
imprisonment.
On Tuesday, Circuit Judge Michael Overstreet sentenced Nix, 29, and
co-defendants Matthew Coffin, 20, and James Norton, 32, to 15 years in prison
each, to begin after their current prison sentences expire. That basically means
that Norton will spend the next 16 years in prison, Nix 28 years, and Coffin 24.
September 2, 2005 News Herald
Three Bay County Jail inmates who held nurses prisoner last September during a
jail takeover were acquitted Thursday of the most serious charges against them.
Jurors acquitted Kevin Nix, James Norton and Matthew Coffin of
kidnapping, aggravated assault and escape. Instead, they each were convicted of
three counts of false imprisonment. In
addition, Nix was convicted of attempted aggravated assault with a deadly
weapon, and Norton of simple assault. The
three were facing up to life in prison on the kidnapping charges, but could now
see greatly reduced time. False imprisonment is a third-degree felony punishable
by five years in prison. Specifically,
Nix, 29, Norton, 32, and Coffin, 20, were convicted of illegally holding jail
nurses Glenda Baker, Kathy Baucum and Amie Hunt against their wills during a
12-hour standoff with deputies Sept. 5 and 6. They were acquitted of any charges
involving former jail guard James Hall, who was kept in a cell for two hours
before being released in exchange for pizzas and cigarettes.
September 1, 2005 News Herald
A September standoff at the Bay County Jail ended in gunshots, but testimony in
the case ended on Wednesday without the smoking gun.
Circuit Judge Michael Overstreet ruled that testimony about gunshots from
a hostage negotiator and SWAT team that wounded an inmate and a hostage were
irrelevant to the charges against Matthew Coffin, Kevin Nix and James Norton.
The three men began trial this week on charges of kidnapping, escape and
aggravated assault. They are accused of participating in a takeover of the jail’s
third floor on Sept. 5 and 6 and face life in prison if convicted as charged.
Ann Marie “Amie” Hunt told jurors that the takeover went from a kind of “nutty”
situation to a dangerous one as the night progressed.
“At the very beginning,” she said, choosing her words carefully, “they
were a little nutty. They just wanted to find a way out. They were as polite as
they could be for the situation we were in.” Then,
Hunt said, the inmates broke into the drug storage lockers and began ingesting
narcotics. As the night progressed, she said, Nix became agitated with nurse
Glenda Baker’s praying. Another nurse, Kathy Baucum, said Baker was constantly
praying and also “speaking in tongues.” When
it came time to offer a hostage in return for pizza and cigarettes, Nix insisted
Baker go because she was “freaking him out,” Hunt said. Hunt said an inmate
told her she might end up as “collateral damage” when officers stormed the
jail. The standoff ended, Hunt said, when she was brought before a barred gate
at the end of a hall. Nix, she said, was standing behind her with a scalpel to
her throat. “I don’t know who shot me,” she said. “He was just a figure,
a person standing there, then, boom. I looked down, and I got shot. Then, boom,
and I got shot again.” One
bullet shattered her knee, an injury that incapacitated her for months. Hunt was
able to walk into court and take the witness stand with the help of a cane.
August 27, 2005 News Herald
Kevin Winslett got a mistrial. Kevin Nix stuck a pen up his nose. The first day
of trial for four men accused of taking hostages in a jail standoff in September
got off to an interesting start Tuesday. Testimony in the trial of the remaining
three defendants will resume today. Winslett, Nix, James Norton and Matthew
Coffin began trial on charges of kidnapping, aggravated assault and escape. They
are accused of holding four people hostage during an attempted escape Sept. 5
and 6 at the Bay County Jail. The standoff ended with gunfire that wounded two
of the men and a jail nurse.
All four face up to life in prison if convicted as charged. The first
prosecution witness Tuesday was James Hall, a former jail guard and one of the
four allegedly held hostage. He said he was the only guard working the jail’s
third floor the night of Sept. 5, with 80 inmates to watch.
Hall said he opened a cell during “pill call,” when medications are
dispensed, to check on an inmate who did not respond to him. Hall said while he
was in the cell, he was hit twice from behind and knocked to the ground.
Initially in his testimony, Hall said it was Norton who hit him. Hall
changed that later and said he did not know who hit him, only that Norton was
the closest to him when he looked up from the ground.
Hall said he first told jail administrators that he had been knocked
unconscious and during that time his keys and radio were taken. Months later,
when being interviewed by the Florida Department of Law Enforcement, he changed
that, saying he was not unconscious but told jail officials that to try to save
his job. Hall also said inmates ripped his
uniform shirt before releasing him to make it look like he had put up a
struggle. Hall was fired from the jail for
several policy violations stemming from the incident on the third floor.
Former jail nurse Glenda Baker told jurors she was working her first full
day at the jail on Sept. 5. Baker said she never actually was threatened during
the incident but felt threatened. “You
said you felt like you couldn’t leave,” Chris Patterson said to Baker during
cross-examination. “Did you ever ask?” Baker
thought about it for a minute and said, “I don’t remember.”
Prosecutors decided to try the four together, a rare strategy, that made
for extraordinary security as well as legal complications.
Tuesday morning began with prosecutor Quentin Broxton’s opening
statement. He described the takeover as an elaborate escape attempt that
backfired. Winslett’s attorney, Doug
White, then began to lay out his defense for jurors. He said this would be a
case of perspective in which jurors may have a hard time understanding the
thinking of those behind bars. “If we’ve
never been jailed, can we still understand the context of a prisoner?” White
asked. “Can a deaf person appreciate a classic symphony?”
Fellow defense attorney Nancy Jones told jurors in her opening statement
that conditions at the jail were “horrible” and “horrendous.”
“Conditions in that jail were so bad they made one’s toes curl,”
she said. White said the four men’s
actions on Sept. 5 were to bring attention to jail conditions, but were not well
thought out. “These four young men acted
out in ways that were not brilliant,” he said. “They were not smart. And in
some cases, they were downright dumb.” White
then said that Winslett’s conception of reality also may be skewed by a
diagnosed mental disorder. Prosecutor Bill
Lewis objected. The defense lawyers, prosecutors and Circuit Judge Michael
Overstreet left the room to discuss the objection.
A part of White’s defense was that Winslett has a “mental defect”
that would affect his ability to form the necessary intent to have committed the
crimes. White denied that it was an insanity defense and refrained from calling
it a “mental health” defense. Lewis
argued that any mental health defense requires a notice to the prosecution that
would give the state an opportunity to prepare witnesses and have the defendant
evaluated. White argued that a notice was
required only if he was pursuing an insanity defense.
Overstreet found that a notice was required in this case and prevented
White from pursuing that aspect of his defense. White asked for — and
Overstreet granted him — a mistrial so White can file his notice and prepare
for another trial. While the lawyers and
judge were out of the room discussing Winslett’s case, Nix, who was one of the
defendants sitting closest to the jury, started playing with a blue Sharpie
felt-tip pen. He took off the cap, sniffed the tip, put the tip in his mouth and
chewed on it, then spit a piece of it onto the table. He then put the tip up his
nose. When Nix’s lawyer, Mike Hunter,
returned to the courtroom, he found Nix with blue lines on his nose, lips and
hands. Hunter asked for a continuance,
saying he needed to have his client evaluated for his mental competency to
continue. Hunter said Nix told him that in times of stress, fear or anger Nix
“loses time” or blanks out. Hunter said Nix did not know what he had done in
court. Overstreet asked two psychologists
to interview Nix from noon to 2:30 p.m. to give their best assessment of his
mental ability to continue with the trial. Nix then was found competent to
proceed. “Putting a pen up your nose isn’t
really consistent with a mental disorder,” Dr. David Smith told Overstreet.
August 18, 2005 News Herald
Less than eight months after taking over as warden, the head of the Bay
County Jail has resigned, according to a Corrections Corporation of America
spokesman Wednesday. Kevin Watson submitted a letter to CCA officials Tuesday
requesting a demotion and transfer for “personal reasons,” said Steve Owens,
spokesman for the Nashville-based company contracted by the county to manage the
downtown jail and annex. Watson’s
resignation came the same day CCA fired John Rochefort from his position as an
assistant warden for violating CCA policies, Owens said.
Owens and Jennifer Taylor, CCA’s senior director for business
development, said Watson’s decision to step down and Rochefort’s termination
are not related. Taylor said Watson flew
to Nashville on Tuesday to deliver a letter to CCA officials requesting the
change of position. CCA has not determined what position Watson will fill with
the company and he has taken an indefinite leave of absence, she said. Roger
Hagen, the contract monitor for Bay County, said Wednesday that Rochefort was
terminated for “performancerelated issues.” Hagen said he was aware Watson
had requested vacation time and may not return as warden.
Both facilities have been subject to increased scrutiny in recent weeks
because of a foiled escape attempt by a suspected cop killer from the downtown
jail and a sex scandal at the annex involving a prison guard, a nurse and an
inmate.
August 11, 2005 WNYT
A man awaiting trial on charges stemming from the September hostage-taking at
the Bay County Jail faces new charges after guards said he tried to smuggle a
razor blade into the jail. The Bay County
Sheriff’s Office charged 32-year-old James Richard Norton with introduction of
contraband into a detention facility Wednesday.
August 10, 2005 News Herald
Bay County Sheriff’s Office investigators and jail officials are trying to
determine how an accused cop killer came within a few days of escaping from the
sixth floor of the county’s downtown jail.
Robert Bailey, 23, of Milwaukee, Wis., is accused of attempted escape and
introduction of contraband to a detention facility after jail guards and Sheriff’s
Office investigators searched his cell Monday evening and found hacksaw blades
and evidence that Bailey was trying to cut his way out of the cell’s windows,
according to a Sheriff’s Office report. The search of
Bailey’s jail cell came after U.S. Drug Enforcement Administration agents
contacted the Sheriff’s Office on Monday afternoon to report they had learned
during an investigation that Bailey was planning a jailbreak, said Capt. Jimmy
Stanford, head of the Sheriff’s Office Criminal Investigation Division. After pulling Bailey
from his cell, located in a maximum security pod on the jail’s sixth floor,
investigators said they discovered about seven hacksaw blades in the toilet,
hidden under Bailey’s bed and stashed in a cutout and patched section of the
ceiling. Investigators also reported finding bolts sliced in metal grates
covering windows and cuts in a metal divider between the two windows.
The grates placed over the 6-inch-wide Plexiglas windows are bolted into
the window frame at the bottom and top. The top bolts had not been sawed
through, investigators said. With
Bailey remaining behind bars, investigators and jail officials are turning their
attention to how the inmate was able to obtain the hacksaw blades and how his
planned escape attempt went unnoticed, Stanford said. Because
Bailey’s status as a “high-risk” inmate prevented him from having direct
contact with visitors, investigators have not ruled out that a guard or fellow
inmate may have supplied Bailey with the hacksaw blades, Stanford said.
July 20, 2005 News Herald
Four men accused of taking hostages in a Bay County Jail standoff last year have
been scheduled for trial the last week of August. It is unlikely, however,
that the four will be tried together. James Norton, Kevin Winslett,
Matthew Coffin and Kevin Nix are accused of holding nurses hostage during a jail
standoff Sept. 5 and 6. All four are facing kidnapping charges that could land
them in prison for life.
July 18, 2005 News Herald
A married jail nurse was arrested late Saturday and accused of having sex with a
female inmate on an examining table in the Bay County Jail annex, leading to a
felony count that was vehemently denied Sunday by the man's wife. Authorities
charged Christopher Michael Byrd, 33, with sexual misconduct between a detention
facility employee and an inmate, a third-degree felony that could land the
licensed practicing nurse in jail for five years. According to a Bay County
Sheriff's Office arrest affidavit: Byrd asked a guard to release a female inmate
to the medical unit sometime Saturday night. Byrd told the guard that he had
permission from a supervisor to allow the inmate to walk to the medical pod
without a runner. In jail lingo, a "runner" is an escort generally used to
accompany inmates between units in a facility. Once the woman arrived in the
medical unit, Byrd told her to go to an examination room. Inside, they began
canoodling before the woman dropped her pants and the pair had sex on a table.
It is unclear how authorities discovered the alleged intercourse. The charge against
Byrd is part of a state law passed four years ago. Legislators passed in 2001
the "Protection Against Sexual Violence in Florida Jails and Prisons
Act" as a measure to prevent misconduct between jailers and inmates in
detention facilities. The act contains a provision that says consent cannot be
used as a defense during prosecution.
June 16, 2005 AP
A state investigation has confirmed that a Bay County Jail
inmate committed suicide in a shower room and found no evidence officials or
other prisoners knew he planned to kill himself. A summary of the Florida
Department of Law Enforcement investigation into the April 5 death of James T.
Sly Jr., 35, of nearby Springfield, was released Wednesday. Sly was found
hanging by a bedsheet from a shower head. The summary does not address whether
guards followed proper procedures before the death. A May report from Bay
County's jail contract monitor alleged that a jailer included Sly in midnight
head count without actually seeing him, assuming the inmate was there because
water could be heard running in the shower. Company officials said they are
waiting to review the full state investigation report before commenting on
county allegation or the guard's status.
May 20, 2005 News Herald
Corrections Corporation of America officials remain silent
about a report issued by the county’s jail program manager stating a
corrections officer did not properly account for an inmate later found dead from
an apparent suicide. However, the family of James T. Sly
Jr. has not stopped demanding answers from the company contracted to oversee the
Bay County Jail. They want to know why the 35-year-old jail inmate was able to
hang himself while under the control of CCA. According to
a recently released report by Bay County’s contract monitor, Roger Hagen, a
jail guard identified as J. Harris "counted" James Sly as part of a
midnight shift head count without seeing the inmate. The
report states the guard "assumed" James Sly was in the shower because
the shower water was running. Harris failed to follow CCA’s policy that
requires guards to only count an inmate after seeing the person’s
"living, breathing flesh," according to Hagen. Hagen’s report
conflicts with previous statements made by the jail’s warden, Kevin Watson,
who in April told The News Herald that a preliminary investigation suggested
that no CCA policies or procedures were violated concerning James Sly’s death.
Watson also said no CCA employees had been reprimanded because of the incident. In
his report, Hagen called on CCA to "take appropriate disciplinary
action" against the officer and "provide special training for all
officers" on the counting procedures. On
Thursday, Watson declined to comment further on James Sly’s death pending the
outcome of the FDLE investigation. He also declined to comment on Harris’
status with CCA. A report from the FDLE is expected to be
completed within the next two weeks.
May 17, 2005 News Herald
The correctional officer responsible for checking on
inmate James T. Sly during the early morning shift on April 5 was supposed to
see him "in the flesh." He did not, and that
night Sly apparently hanged himself in the inmate showers. The death is still
being investigated by the Florida Department of Law Enforcement. However, an
incident review by Roger Hagen, Bay County’s correctional program manager,
found that the Corrections Corporation of America policies were not followed on
the night Sly died. The fact Officer J. Harris did not physically see Sly when
he was doing rounds is a violation of CCA’s policy "Count Principles and
Procedures," Hagen says in the report, which was forwarded to the County
Commission May 10. That finding counters Warden Kevin Watson’s preliminary
investigation last month, which suggested that all CCA policies or procedures
were followed on the night Sly died.
April 22, 2005 News-Herald
The Florida Ethics Commission found former Bay County commissioner Danny
Sparks in violation of a gifts law Thursday. On terms he agreed to, he will pay
a $1,000 civil penalty and admit fault. Kerrie Stillman, assistant to the
executive director of the Ethics Commission, said that an attorney for Sparks
met with an Ethics Commission advocate and they both approved a settlement
agreement. This includes paying $1,000 "with public censure and
reprimand." The
ethics board will submit a final order of the case to the governor’s office on
Tuesday. Gov. Jeb Bush will review it and issue an executive order stating the
findings. He has the authority to impose the fine, Stillman said.
Sparks, contacted at home Thursday, said he was
unaware of any settlement or ruling regarding his case. He said he wouldn’t
comment on it, anyway. Sparks
is accused of breaching Florida ethics law during a trip he and other county
officials took in February 2000 to Tennessee to visit a jail run by Corrections
Corporation of America, which also operates Bay County’s jail and annex.
He participated with others in a round of golf —
valued at $240 per person — paid for by county financial adviser Gary Akers.
Florida ethics laws prohibit public officials and employees from accepting any
gift worth $100 or more from a lobbyist.
In July 2003, the Florida Police Benevolent
Association filed complaints with the Ethics Commission against Sparks and two
other former county commissioners, Carol Atkinson and Richard Stewart, as well
as former county manager Jon Mantay, former county attorney Nevin Zimmerman, and
Bob Majka, county emergency services director. Public
hearings on the charges would have been held if Sparks didn’t settle his case.
His ethics violation admission frees the county
from paying his attorney fees, said Commission Chairman George Gainer. In March,
the County Commission agreed to pay for the fees of all parties being
investigated for ethics complaints if they were eventually exonerated.
Sparks’ case is the only to be resolved to date.
April 13, 2005 News-Herald
A week after apparently hanging himself in a Bay County Jail shower, James T.
Sly was laid to rest Tuesday in a Panama City cemetery. Special
agents with the Florida Department of Law Enforcement have not released the
results of their investigation into the death of the 35-year-old Springfield
man, said FDLE spokeswoman Lisa Lagergren. Sly, a father of six children, was
found dead in a fifth-floor shower room early April 5 by corrections officers,
according to jail officials. Jail officials said because
of Sly’s suicidal tendencies at the time of his arrest, he was placed in an
observation unit of the jail and interviewed at least five times by a mental
health counselor. Jail officials said counselors in February approved Sly’s
move into a general population pod where he continued to receive treatment. Jail
officials said Sly did not display signs that he wanted to hurt himself and
guards had no reason to believe something was wrong when Sly requested to take a
shower at about 2 a.m. on April 5.
April 9, 2005 News-Herald
A Bay County Jail corrections officer faces battery charges following an
investigation into a fight between the guard and an inmate earlier this
week. Corrections
Corporation of America fired Grant Cox, 35, of Panama City on Friday following
an internal investigation of a Wednesday evening melee involving Cox and
19-year-old Skylar Jones, said Warden Kevin Watson. The incident occurred
moments after a jury announced it could not reach a verdict in Jones’
attempted first-degree murder trial. Watson said Cox violated Tennessee-based
CCA’s policy by striking Jones during a "verbal altercation" in the
jail’s elevator. Watson said Cox allowed the inmate to "push his
buttons." "That was certainly not the right thing to do," Watson
said. Jones said the two men exchanged profanities in the
elevator and said the argument became so heated that Cox grabbed him by the
throat and threw him to the ground. He would not provide details on the
argument. "He
put his knee into my chest and said he was going to" hurt me, Jones said.
Jones said he was not handcuffed at the time. Jones said Cox got off of him when
the elevator doors opened but rushed at him as Jones started walking out of the
elevator. Jones said the guard knocked him into the trash can. Three other CCA
guards noticed the fight and rushed to assist Cox, Jones said. After his
termination, Cox was cited on the misdemeanor charge and released without
posting bond.
April 5, 2005 News-Herald
About three months after police thwarted a Springfield man’s attempt to kill
himself on the DuPont Bridge, the 35-year-old was found dead inside the Bay
County Jail on Tuesday morning. Jail officials said James T. Sly hanged himself
at about 2:40 a.m. in the shower room of his fifth floor housing unit. Because
of the attempt to kill himself in January, Sly originally was placed in an
observation unit of the jail and interviewed at least five times by a mental
heath counselor, Thore said. About a month later, Sly was allowed to move into a
general population pod on the fifth floor of the downtown jail and continued to
receive treatment, Thore said. At about 2 a.m. on Tuesday, guards conducting a
head count listed Sly as being in the housing unit’s shower area, Thore said.
When guards returned about 30 minutes later to conduct another count, Sly’s
cellmate said Sly still was in the shower, Thore said.
March 14, 2005 News-Herald
You can turn a Styrofoam cup inside out and still drink from it.
Several years ago, an inmate at the Bay County Jail
asked then-corrections officer Kevin Watson if he was aware of this interesting
fact. "I
said something like I didn’t think he could do it, but he took that cup he had
and carefully worked it with his hands until it was turned inside out,"
Watson said. Having successfully completed the task, the inmate asked Watson:
"Do you know what the moral of this story is?" "What’s
that?" Watson responded. I have nothing but time," the inmate said.
That is just one of many lessons Watson said he has used to guide him through 18
years in corrections and his first three months as the Bay County Jail’s
warden. "He was right," Watson said of the inmate’s message.
"These guys have nothing but time." During a recent interview with The
News Herald, Watson explained how he has wasted little time making his mark on
the aging facility and a staff trying to recover from repeated criticism by the
press and the community. The newest warden for Tennessee-based Corrections
Corporation of America’s Bay County facility has literally "cleaned
house" since taking over the reigns from former Warden Denny Durbin.
March 2, 2005 News Herald
Bay County will reimburse former county officials for attorney’s fees paid to
defend themselves against investigations of ethics violations.
On Tuesday, the Bay County Commission voted 5-0 in
favor of reimbursing five people: former Commissioners Carol Atkinson, Richard
Stewart and Danny Sparks; former County Manager Jon Mantay; and former County
Attorney Nevin Zimmerman.
Commission Chairman George Gainer emphasized that
the board will reimburse only the fees that pertain to the officials’ defense
of taking a trip to Nashville, Tenn., in February 2000 to tour a jail operated
by Corrections Corporation of America. The reimbursements also are contingent on
the former county officials’ exoneration.
During the trip, at least one of the county
officials, former Commissioner Danny Sparks, played a $240 round of golf paid
for by county financial adviser Gary Akers.
CCA paid for county officials’ flights to
Nashville, which The Florida Commission on Ethics found problem- atic because
the county should have footed the initial expense for the trip, said county
attorney Mike Burke. It would have been permissible, he said, for the county to
collect reimbursement from CCA afterward.
Bay County was negotiating a contract renewal with
CCA at the time. The Florida Police Benevolent
Association, a union representing police and correctional officers, filed the
ethics complaints. The
golf game was not part of PBA’s original complaint. Instead, the complaint was
limited to allegations that CCA paid the officials’ travel, lodging and meal
expenses for the trip.
Florida law prohibits public officials from
accepting any gift with a value of more than $100 from a "lobbyist." In
August 2004, Atkinson was cleared of the charges, so her $1,085 in legal
expenses is guaranteed reimbursement. Burke said she proved that she was unaware
CCA, not the county, was paying for the Nashville trip.
February 24, 2005 News Herald
Bay County Jail officials ordered last weekend the
installation of exterior, sliding-bolt locks on transport van doors to prevent
escape attempts by inmates, said the jail’s warden.
The new locks come after an inmate broke out of a Corrections Corporation
of America transport van Friday afternoon, resulting in an 18-hour manhunt.
On Friday, 18-year-old Jeremy D. Aultman of Panama City Beach
manipulated the CCA van’s door-locking mechanism through the interior
paneling, CCA officials said. Aultman then escaped from the van that was
transporting 13 inmates to the Bay County Jail Annex, CCA officials said.
Along with new locks, maintenance crews placed a
steel plate over the interior passenger-door panels of the transport van that
Aultman escaped from, Watson said.
Watson said steel plates already were in place on other CCA vans. Watson on Tuesday defended the actions of his transport driver,
who prisoners said failed to notice Aultman trying to escape and then ran from
the vehicle to catch Aultman, according to police reports.
Watson said Tyndal followed CCA policies and has not been disciplined. Tyndal climbed out of the van to chase Aultman but gave up and
returned to the van, according to the reports.
Though none of the 12 remaining inmates joined
Aultman in trying to flee, some reported to police that they had ample
opportunity. Inmate
Ryan Meadows and Stanford W. Ferguson sat behind Aultman during the transport
from the main jail to Bayou George, according to CCA incident reports. "Tyndal
jumped out of the van, leaving his door and our door wide open — keys still in
the van," Meadows stated in the incident report.
Ferguson concurred Meadows’ report that Tyndal chased Aultman without
securing the van’s doors. Meadows
added that when Tyndal came back to the van, the guard took the inmates on a
"high-speed" chase through the nearby residential area called The
Cove. Friday’s escape attempt occurred about five months after four inmates at
the main jail escaped from their cells and held CCA employees hostage. A faulty
cell door lock received part of the blame for allowing the uprising, according
to a state investigation.
February 24, 2005 News Herald
Former Bay County Commissioner Danny Sparks has entered
into a "joint stipulation" with an advocate for the Florida Commission
on Ethics in which Sparks admits he violated state law when he accepted a $240
round of golf paid for by the county’s financial adviser.
The Ethics Commission must approve the stipulation,
which it will consider at its April 21 meeting.
The Florida Police Benevolent Association, a union
representing police and correctional officers, filed ethics complaints against
Sparks and five other former and current county officials in July 2003. The
complaints targeted a February 2000 trip the officials took to Tennessee to
visit a jail operated by Corrections Corporation of America, which also operates
Bay County’s jail and jail annex. As a second leg of the trip, the officials
traveled to Arizona to view a publicly run jail. Bay
County was negotiating a contract renewal with CCA at the time.
The PBA also filed complaints, each with multiple
allegations, against former Commissioners Carol Atkinson and Richard Stewart,
former County Manager Jon Mantay, former county attorney Nevin Zimmerman, and
county Emergency Services Chief Bob Majka.
The Ethics Commission issued probable-cause
findings against all but Atkinson. All allegations against her were dismissed. Spark’s
stipulation with the commission advocate includes a recommendation that he be
fined $1,000 and that he be publicly censured and reprimanded. The public
censure and reprimand would occur as part of an executive order by the governor.
The $240 golf game, which was played during the trip, was paid for by
Gary Akers, a financial consultant that assists the county with bond issues.
Florida law prohibits public officials from accepting any gift with a
value of more than $100 from a "lobbyist." Ken
Kopczynski, PBA’s legislative assistant, said Ethics Commission investigators
found out about the golf game as part of their review of the PBA’s complaint.
The Ethics Commission dismissed allegations against Sparks related to CCA’s
paying his travel expenses. The commission based the dismissal on its
determination that Sparks was not aware that CCA was paying for the trip.
The dismissal of the allegations against former Commissioner Atkinson was
based on the same determination. In its
probable cause findings issued in September, the Ethics Commission found:
That Majka, Mantay and Zimmerman may have violated state gift laws by
allowing CCA to pay their travel expenses. That
Majka and Stewart, in addition to Sparks, may have violated gift laws by
accepting rounds of golf from Akers. The
commission dismissed the most serious allegations — that the officials
accepted the gifts with knowledge that they were intended to influence future
votes or decisions. Kopczynski said
Wednesday that he believes the stipulation with Sparks is
"reasonable." But he noted that
allegations related to CCA would not be addressed until the other officials
enter into stipulations or settlements or take their cases to hearing.
Kopczynski’s organization, the Police Benevolent Association, opposes
privately operated prisons and jails.
February 22, 2005 News Herald
Will Rogers famously said that if you find yourself in a hole, the first thing
to do is stop digging. Corrections Corporation of America would do well to heed
his advice. Last summer’s takeover and
hostage situation brought scrutiny to CCA, the following investigations and News
Herald reports exposed gaps in security. CCA went into damage control mode. Now
that Bay County is talking about building an expansion to the existing jail
annex for maximum-security inmates, nearby residents are worried — and rightly
so ("Jail plans hit home," Feb. 21). Even as Ryan Burr was writing the
story about residents’ fears, an inmate escaped from a van transporting
prisoners to the facility from downtown. Residents
raise these kinds of fears any time a new prison or jail is planned. "Not
in my back yard" is a common refrain no matter how safe a facility is. Most
of them are, in fact, safe as can be and the fears turn out to be all hype. This
time, though, residents do have something to be worried about: a corporation
which has, time and time again, proven itself to be incompetent and possibly
dangerous to its prisoners and workers. According
to the state of Florida, 109 prisoners escaped from the Florida Department of
Corrections in the fiscal year beginning July 2003. But almost every single one
came from a work release program — in other words, they only had to walk away.
Inmates who escape these programs are non-violent and pose little threat to the
communities around them. Only three actually escaped from the custody of
correctional facilities. Since September,
five prisoners have escaped their cells at CCA facilities in Bay County — more
than other correctional facilities in the entire previous year in the entire
state of Florida. That’s not the kind of record that inspires confidence.
It’s more important for the county to ensure that CCA establishes a
normal level of security than it is to build new facilities or shuffle prisoners
from one jail to another. CCA is steadily losing the trust of Bay County
citizens by failing again and again to meet security requirements.
If CCA didn’t learn its lesson from the events of September, it’s
unlikely that one more escape will drive the point home. First things first: Bay
County needs to follow through on its plan to accept bids for the jail contract
and decide who could do the job best — even if that means giving CCA the boot.
A maximum-security jail doesn’t need to be a dangerous place for nearby
residents. Normal jails don’t have escapes every year, or even every few
years. It’s only because of CCA’s lax security that residents have to worry.
Once the jails have a real measure of security, a maximum-security jail near
residences might make sense. Until then, the NIMBY folks have a point — with
CCA in charge, no one would want a jail in their back yard.
February 21, 2005 News Herald
When Dana Knight awoke one morning in 1997 to find bloody
handprints on a rented U-Haul truck and the driver’s window busted out, she
didn’t have to think long about possible culprits. Living
near the Bay County Jail Annex on Nehi Road, she understands there is a risk of
escapees coming onto her property. That is what happened in July 1997. Four
inmates — three with previous charges of murder or attempted murder — broke
out of the jail annex. When one of them could not jumpstart Knight’s U-Haul,
the group went to another residence and stole a vehicle, Knight said. Within
about two days, all of the inmates were apprehended. Knight
and her husband, Dan, have two children, ages 6 and 11. The couple used to live
near the main Bay County Jail in downtown Panama City, which keeps the most
serious criminals in maximum security. "I don’t
think the CCA (Corrections Corporation of America) has done their job," she
said, referencing an inmate takeover on Sept. 5 and 6 at the downtown jail. Four
men were arrested in that incident and face kidnapping charges. CCA operates
both facilities.
February 20, 2005 News Herald
A 23-year-old Bay County Jail inmate faces a charge of
introducing contraband into a corrections facility after he told a guard he was
hiding money in his rectum, according to a jail investigation report.
Chris Eckman of Panama City informed a jail guard Friday evening of a
$100 bill hidden in his body, according to the report. The
report does not explain the reason Eckman possessed the cash. Eckman
is awaiting trial on charges of smuggling drugs into the jail , according to
court records. Eckman was convicted of burglary and grand
theft in 2001 and placed on probation, according to court records. In 2002, he
was arrested for violating probation and in 2004 was found possessing
methamphetamine and Ecstasy inside the jail , according to court records.
February 20, 2005 News Herald
Police captured and returned to jail a
Panama City
Beach
man on Saturday, a day after he escaped from a transport van.
Panama City
police found Jeremy D. Aultman, 18, at about 7 a.m., walking through a
residential area about a block from where he escaped, according to police
reports. Aultman
became the subject of a manhunt Friday afternoon when he unlocked the transport
van’s door from the inside and ran from the vehicle as it waited on a traffic
signal. Thore said Aultman was en route to the Bay County Jail Annex in Bayou
George with 12 other inmates when he escaped. Thore said Correction Corporation
of
America
, the
Tennessee
company that manages the jail for
Bay
County
, continues to investigate the incident.
February
19, 2005 News Herald
A Panama City Beach teen remained
on the run Friday night after escaping from a Bay County Jail transport van
Friday afternoon, a jail official said.
Assistant Warden Richard Thore said
police continued to search for accused felon Jeremy Daniel Aultman, 18, of 229
E. Lakeshore Drive. Thore said the search began at about 1:30 p.m. after a
Corrections Corporation of America transport van driver reported that an inmate
escaped from the van. The CCA driver was transporting 13 inmates from the
downtown jail to the CCA jail annex in Bayou George, he said. CCA manages the
jail , the jail annex and the Bay Correctional Facility. The CCA van was stopped
at the intersection of U.S. Business 98 and Cove Boulevard, when Aultman tripped
a locking mechanism, pulled the van door open and fled south, Thore said. The 12
other inmates remained in the van, he said.
February 9, 2005 News Herald
The four men who investigators say took hostages during a
Bay County Jail takeover in September may be ready for trial by late spring. James
Norton, Kevin Winslett, Matthew Coffin and Kevin Nix are accused of holding
nurses hostage during a jail standoff on Sept. 5 and 6. All four are facing
kidnapping charges that could land them in prison for life.
February 5, 2005 News Herald
Police arrested a Bay County Jail corrections officer on
multiple drug charges while on his way to work Friday afternoon, according to a
Bay County Sheriff’s Office news release.
Jamie Bishop, 29, of the 5200 block of State 22A,
faces charges of selling cocaine, possession of cocaine, possession of steroids,
possession of Xanax, possession of drug paraphernalia and sale of a controlled
substance, according to the news release. Bishop was taken to the Bay County
Jail and held pending bond.
January 24, 2005 News Herald
Former jail nurse Ann Marie "Amie" Hunt was a
bundle of emotions Friday as she talked about the night she almost died during
an inmate standoff at the Bay County Jail. Hunt was shot
three times the morning of Sept. 6 after a 12-hour standoff between four inmates
and Bay County deputies. Bullets entered her hip, back and left leg, damaging
bones and vital organs. Hunt, who was unable to stop herself from crying through
much of the interview and showed flashes of deep anger, said she has hired a
lawyer to explore the incident, the way it was handled and how it has been
investigated by the different agencies involved.
She declined to go into too much detail about the night of Sept. 5 and
morning of Sept. 6, but did say she never felt like her life was in danger
during the standoff. Investigators
said four hostages gained control of a third-floor holding cell, including the
nurses’ station and prescription drug cabinet. Through the standoff, the
inmates released all the hostages but Hunt. Her
husband, James Hunt, is still employed by Corrections Corporation of America,
the jail’s owner. He said he’s on the payroll but is allowed to stay home
and care for his wife.
January 1, 2005 News Herald
On the evening of Sept. 5, four inmates at the Bay County
Jail broke free from their third-floor cells, subdued a guard and took four
people hostage. The standoff ended 12 hours later in a hail of gunfire that
injured a hostage and two inmates.
Three months later, the incident continues to brew.
A guard has been fired and the warden replaced while three deputies who opened
fire have been cleared by prosecutors and investigators. But many questions
remain: Did jail supervisors fail to fix broken door locks? Did a guard fail to
secure the inmates’ cells? Does the county need to rethink its relationship
with Corrections Corporation of America, the Tennessee company hired to run the
jail and annex? The
Bay County Commission could answer the last question in the coming year, as it
decides whether to put the jail operations contract — which CCA has held for
nearly 20 years — out for bid.
December 30, 2004 News Herald
Like anything else, a jail is as secure as its weakest
link. And as Anthony Cormier’s Wednesday article "County report addresses
issues in jail incident" described the findings of Bay County’s contract
monitor, any weak link can become the weakest under the right circumstance.
Therefore, contract monitor Roger Hagen’s report
on the September hostage incident should not be reviewed as just another attempt
to get to the bottom of the inmate takeover. Investigative authorities have done
that, tracing the immediate spark to an apparently manipulable guard whom
Corrections Corporation of America has since dismissed.
To some extent, CCA preempted Hagen’s report by
also reassigning the jail warden. Clearly, too much was amiss to blame just a
wayward guard. Supervisors
rarely checked duty logs, Hagen found. And when they did, it apparently wasn’t
to look for weak links — a broken key and a missing flashlight repeatedly were
documented, for example, to no avail. CCA should correct notated security
related maintenance issues within 24 hours, Hagen said, reasonably.
The new warden’s biggest challenge will be to
persuade jail staff that CCA really wants to start doing things right. Alas,
from Hagen’s report, that’s a tall order.
Hagen depicted a culture in which employees feared
retaliation by management if they made supervisors "aware of any problems,
staff errors or performance deficiencies." In other words, the culture
outside the cells seemed little different from the culture that prevailed behind
bars. We
agree with Hagen that CCA needs to refute what he calls a "correctional
code of silence." Do it by calling employees together, or in writing, but
do it. If employees don’t believe that CCA means business, their business
becomes to create even more weak links, not fix them.
December 30, 2004 News Herald
A man who says he was in the Bay County Jail in
September when four other inmates took hostages on the third floor has sued the
jail’s corporate owner in federal court.
Richard Lewis Bell Sr. of Ellenwood, Ga., filed
suit Nov. 8 against Tennessee-based Corrections Corporation of America seeking
$100,000 for reckless endangerment, "cruel and harsh treatment,"
"mental stress," failing to maintain a maximum security area, and
failing to comply with the state "no smoking" law.
Bell stated in a handwritten complaint that he went
through "living hell" during and after a Sept. 5 takeover of the third
floor. He stated that after deputies stormed the cellblock and shot two alleged
hostage-takers and a nurse, the jail’s guards "went total nuts."
Bell wrote that he and other inmates who were not involved in the
takeover were thrown to the floor and grabbed by the hair. He stated that in the
days that followed, two-man cells were filled with four inmates each, and the
inmates were fed once every 24 hours.
December 29, 2004 News Herald
Bay County Jail managers were not regularly reviewing duty
and maintenance logs in the weeks before September’s inmate takeover and
failed to address issues — including a faulty cell door — that precipitated
the standoff, according to a county review obtained by The News Herald.
An Unusual Incident Review, completed last week by
Bay County’s jail contract monitor, Roger Hagen, offers a chronology of the
takeover and 10 corrective actions for Corrections Corporation of America
supervisors. Among the recommendations are disciplinary action for a third-floor
guard — who two weeks ago was fired — and a more thorough review by managers
of daily logs compiled by jail staff.
In the county’s review, Hagen found that Officer James Hall was
"less than truthful with law enforcement" when he recanted portions of
his story during interviews with police. Hall
repeatedly told Sheriff’s Office investigators that he was scared to work on
the third floor of the downtown facility and acknowledged violating numerous CCA
policies because he knew supervisors rarely checked duty logs.
Hagen’s review seems to second that notion.
"When reviewing this documentation, for a 2-4
week time period prior to the incident," Hagen wrote, "it was apparent
that managers or supervisors are either not regularly reviewing the logs or if
they are, they are not addressing the issues they document. As an example, a
broken key and a missing flashlight were repetitively documented by different
shift floor officers in the third floor post duty log for the entire time frame
I reviewed." The
logs show a history of maintenance problems on the third floor, including
reports of broken locks that went unfixed at least two weeks before the
takeover, according to a November examination by The News Herald. State agents
confirmed the newspaper’s examination in an Florida Department of Law
Enforcement report, in which guards, nurses and inmates all claimed that the
door to cell C-1 easily could be defeated. Perhaps
a more pressing issue cited in the review is a "correctional code of
silence," which keeps staff from reporting problems for fear of
retribution. "Most of the staff I had discussions with," he wrote,
"were concerned about being identified if they shared issues or concerns
with me."
December 19, 2004 News Herald
The Tennessee company that operates the Bay County Jail
fired a corrections officer Friday, three months after inmates held him hostage
during a 12-hour standoff with police. Corrections
Corporation of America terminated James C. Hall of Lynn Haven for violations of
CCA policy, according to Kevin Watson, Bay County Jail warden.
Watson declined to comment on specific violations Hall committed. He
confirmed that Hall’s violations were related to the escape of inmates from
their cells in September. Hall, 26, had been on
administrative leave since Sept. 6 pending police and CCA investigations into
the jail break that resulted in four inmates escaping from their cells and
taking Hall and three nurses hostage.
According to an Florida Department of Law
Enforcement report on the hostage-taking incident, Hall admitted during an
interview with law enforcement agents that he allowed inmates to shut themselves
into their cells and falsified shift logs relating to inmates’ time in the
jail’s third-floor day room. The inmates, nurses and Hall told investigators
that inmates were able to escape from their cells because of faulty locks on
cell doors, something they said was common knowledge in the jail, according to
the FDLE report. Inmates also told
investigators they decided to start the incident because of inhumane living
conditions at the jail, including insufficient medical care, physical and mental
abuse by guards and low-quality food, according to the FDLE report.
December 16, 2004 News Herald
The Tennessee company that runs the Bay County Jail is
"switching out wardens" less than a week after the release of a state
report detailing personnel failures and maintenance problems that spurred
September’s inmate takeover.
Despite the timing, Corrections Corporation of
America officials insist that the move — current Warden Denny Durbin is out;
longtime CCA administrator Kevin Watson is in — has nothing to do with the
12-hour siege and torrent of scrutiny that followed. The
Sept. 5 standoff, which ended in gunfire on the third floor of the downtown
facility, left one hostage and two inmates with bullet wounds. But
the FDLE also confirmed a News Herald investigation of equipment failures on the
jail’s third floor, where shift logs and maintenance records show a history of
broken locks in the segregation unit. One of the accused inmates slipped from
one of the cells at the start of the takeover, and FDLE interviews indicate that
the maintenance problems were repeatedly reported to jail supervisors.
One of the hostages told agents, according to an interview transcript,
that Durbin and security chief Chuck Bellows were aware of the broken locks
before the takeover. Also, the lone guard working on the third floor told
investigators that he routinely falsified shift logs, broke company policy
regarding the number of inmates allowed out of their cells and allowed prisoners
to lock their own cells the night of the siege.
December 9, 2004 News Herald
So, it all started months before, with a jail cell lock
that didn’t work. It ended, of course, when a Sheriff’s Office SWAT team
terminated with bullets a tense 12-hour hostage standoff.
In between, from May to September, the broken lock
repeatedly was brought to Corrections Corporation of America’s attention by
guards and other jail personnel. It repeatedly got fixed but never for very
long. It apparently didn’t work for almost two weeks before the Sept. 5
blowup. The last guard who brought it to CCA’s attention did so indirectly, by
being knocked to the floor by inmates leaving the cellblock to raise havoc.
The ensuing bloody confrontation involving inmates,
hostages and SWAT team sharpshooters was unusual by any corrections measure. The
broken lock wasn’t, at least not at the Bay County Jail.
The News Herald’s Anthony Cormier has written,
and on Tuesday the release of a Florida Department of Law Enforcement report
confirmed, that jail staff reported the broken lock at least five times. The
easily opened cell was common knowledge around the jail. It
does indicate that CCA was not concerned about oversight. Bay County has
a stunningly ineffective full-time corrections program manager on county staff
(he complains he gets no respect from CCA). The
Sheriff’s Office, the jail’s best customer, has no say in managing what goes
on inside. County commissioners
think only about cost.
December 9, 2004 News Herald
A guard failed to secure cell doors that he allowed
inmates to shut themselves the night of a 12-hour siege at the Bay County Jail,
according to interview transcripts obtained by The News Herald.
Officer James Hall acknowledged to detectives that
he falsified shift logs related to inmates’ time in a third-floor day room and
said he made a "mistake" in allowing three of the four accused
hostagetakers out of their cells in the hours before the Sept. 5 standoff, the
transcripts show. Hall,
26, also admitted lying to Florida Department of Law Enforcement agents about
the severity of a blow to his head during the takeover, according to an
interview conducted more than a month after the incident. In a Nov. 22 interview
with a Bay County Sheriff’s Office investigator, Hall said he did not secure a
lock box —which ensures all the cell doors are locked — and told inmates to
close cell doors themselves.
According to the transcript:
Hall had allowed four inmates — including
suspected hostage-takers James Norton, Kevin Winslett and Kevin Nix — to
mingle in a day room earlier in the day. Corrections Corporation of America
policy maintains that only one inmate at a time be allowed to enter the
segregation unit’s day room.
Hall said he normally allowed more than one inmate
into the day room, and often falsified shift logs to show that only one prisoner
was in the room recreation area. The guard knew that this was a policy
violation, but said that he knew he wouldn’t be disciplined because
supervisors "hardly ever check the logs." Despite indications that the
doors may not have been closed, Hall and others — including inmates and nurses
— maintain that Norton escaped from his cell because a door lock was broken.
Maintenance records show that the lock to Norton’s cell, 3C-1, repeatedly
malfunctioned and had not been fixed in two weeks before the takeover.
Nix, Nurse Kathleen Baucum and Norton’s cellmate each told FDLE agents
that Norton’s door did not lock, and jail staff repeatedly told supervisors of
the problem. A 750-page FDLE report, released this week, indicates that the
equipment malfunction triggered the breakout. "It’s
a well-known fact," Baucum told investigators. "It’s been put in
writing by me … it’s been put in writing by my supervisor … and by another
nurse and by (Chief of Security Chuck) Bellows himself."
In an interview with FDLE agents, Norton accused Hall of being "in
on" the escape plan and said Hall had only one request for the inmates:
"Just don’t hurt me." Hall strongly denied the allegation
that he knew of the inmates’ plan, saying he lied during his initial interview
because he wanted to keep his job. Hall said he was "scared" to work
on the third floor and believed that a second officer should be assigned to the
pod during each shift. "The way the
jail is run," Hall told investigators, "the way it was run when I was
there scares me, it doesn’t feel safe ever."
December 8, 2004 News Herald
The use of deadly force by police during a jail uprising
and hostage situation in September that left two prisoners and a hostage injured
was necessary, State Attorney Jim Appleman has determined.
In a letter sent to the Florida Department of Law
Enforcement on Monday, Appleman stated his office had reviewed the FDLE’s
investigative report of the incident and determined that officers’ gunfire was
justified, including a SWAT team member’s shot that injured a hostage. The
standoff began at about 8 p.m. on Sept. 5, when officers from the Bay County
Sheriff’s Office’s hostage negotiation and SWAT teams responded to a report
of a hostage situation at the Bay County Jail, managed by Corrections
Corporation of America. According to the
FDLE report, during an attempt to escape, inmates Kevin Winslett, Kevin Nix,
Matthew Coffin and James Norton had jumped a CCA corrections officer and three
nurses working on the third floor of the jail and were holding them hostage.
During the 12-hour standoff, the hostage negotiation team was able to
free the corrections officer and two nurses before one of the inmates, Kevin
Nix, threatened to kill the remaining nurse, Ann Marie "Amy" Hunt,
according to the report. Lead negotiator Jimmy Stanford, who was conducting
face-to-face negotiations with the inmates, saw Nix with his arms around Hunt
with a scalpel to her neck and a syringe to her stomach, according to the
report. At that time, convinced the
"situation was getting worse," Stanford said Tuesday, he pulled a
pistol and fired at Nix’s legs. SWAT
team members Lt. Rad Nelson and Sgt. Tony Bruening were hiding in a room near
the hostages and the inmates when they heard the shots, according to the report.
They came out of the room and fired toward the inmates. One of the rounds from
Bruening’s gun hit Hunt in her left hip and came to rest in her kidney,
according to the report. Hunt was struck
three times, including in her lower leg and the small of her back, according to
the FDLE report. Nix suffered a gunshot wound to the front of his left calf, and
Norton was shot once in the in the front lower left leg, according to the
report.
December 8, 2004 News Herald
It was common knowledge, an open secret that everybody —
guards, nurses, inmates and supervisors — was in on.
Florida Department of Law Enforcement documents
confirmed Tuesday that a broken lock triggered September’s inmate takeover at
the Bay County Jail, allowing one prisoner to escape from his cell and ambush
the lone guard on the third floor of the downtown facility.
The FDLE file supports a recent News Herald
investigation, which revealed two weeks ago that jail staff reported five times
in the 60 days prior to the takeover that third-floor locks were broken or had
malfunctioned. According
to maintenance records, work orders and shift logs, jail personnel requested
maintenance work for a door lock to Cell 3C-1. The first request was made on May
23; the final request came on Aug. 23, when a guard wrote that the door again
needed to be fixed. But the work order was returned without a signature and
remarks include: "need to fix door … officer did not have time."
It was this broken lock, the FDLE case file shows,
that allowed inmate James Norton to escape at the beginning of the 12-hour
siege. Norton slipped out of his cell, then struck officer James Hall in the
back of the head, stole his keys and freed four other inmates.
FDLE interviews with guards, nurses and inmates indicate that jail
supervisors were aware of the equipment problems, although officials from the
private company hired to run the jail have declined comment on the matter. Hall,
the officer who was slugged in the head with a padlock wrapped inside a sock,
told investigators that the third-floor locks long had been a problem, according
to an FDLE transcript. In a meeting with The News Herald last week, CCA
President John Ferguson said Hall had been placed on administrative leave since
the incident. "Cell
1 does not lock," Hall told the agents. "Everybody knows it. We have
put in a request to get it fixed. Maintenance says that they have fixed it, but
they can still roll right out of it."
December 1, 2004 News Herald
It was an ambush.
A corrections officer on the third floor of the Bay
County Jail was tricked by an inmate "playing possum" and struck in
the back of the head with a padlock or bar of soap wrapped in a sock, according
to CCA officials who laid bare Tuesday the chronology of events that
precipitated September’s standoff at the downtown facility. CCA
President John Ferguson acknowledged that the incident on Sept. 5 was a
watershed moment for the Bay County Jail and may have sullied CCA’s public
reputation. A controversial afteraction report, compiled by an outside
law firm to gauge CCA’s liability, sparked the disconnect and left both sides
wondering how to mend a relationship fractured by the takeover.
Last month, CCA officials delivered to the county’s contract monitor a
ream of documents requested four days after the incident. The News Herald also
requested and obtained those records, which showed a history of broken locks and
equipment problems on the third floor of the jail, where the takeover occurred. According
to Turner: At about 9 p.m. on Sept. 5, a
third-floor corrections officer approached an inmate in a segregation unit about
a dose of medicine. When the inmate didn’t respond, the officer entered the
cell and tried to awaken him. The inmate, Turner said, was "playing
possum" and setting the stage for a pre-planned escape attempt. With the
officer in the cell, another inmate sneaked behind and swung at the officer’s
head with an improvised weapon — likely a bar of soap or padlock wrapped in a
sock and wielded like a mace. The officer
radioed for help and the shift captain raced to the third floor, slamming shut a
riot gate and shutting down elevators to keep the inmates from getting off that
floor. With their escape foiled, the inmates rushed across the hall to a nurse’s
station — where an examination of maintenance records shows at least one
instance of broken locks in the 60 days preceding the takeover. At
least one CCA staffer has been placed on administrative leave since Sept. 6,
although officials refused to identify the employee or the employee’s
position. In a letter to Bay County’s jail contract monitor, a CCA attorney
wrote that any employee who failed to follow company policy has been
"counseled, retrained, reassigned or disciplined, as appropriate." It
is unclear how many employees this applies to, and CCA officials said they could
not immediately release that information.
November 22, 2004 News Herald
The medical pod and segregation wing of the Bay County
Jail were plagued by broken and jammed door locks in the weeks leading up to
September’s inmate takeover, according to maintenance requests and work orders
obtained by The News Herald.
There is plenty of smoke but no smoking gun in a
ream of documents released by Corrections Corporation of America, the Tennessee
company tasked with an internal investigation of policies, procedures and
possible failures that contributed to the 12-hour standoff on Sept. 5.
Records indicate that a series of equipment
problems on the third floor of the Bay County Jail precipitated the uprising,
which ended when negotiators stormed the medical pod and shot one hostage and
two inmates. A
CCA liaison met Friday morning with Roger Hagen, the county’s jail point man,
to hand over records requested four days after the incident. The News Herald
also filed public record requests for the documents. Hagen and CCA engaged for
more than two months in a muted battle over the records, publicly squabbling
over an "after-action report" and a dearth of communication during the
internal probe. Hagen
said Friday he expected to review the materials over the weekend before
reporting back to the Bay County Commission, which soon is expected to seek
bidders on the contract to run the downtown jail and Nehi Road annex.
A News Herald examination of the paperwork reveals no definitive evidence
suggesting how the inmates escaped their cells, although shift logs and
maintenance requests show a history of equipment problems on the floor where the
four accused inmates were being held. According to
jail records:
At least five times in the 60 days prior to the takeover, CCA personnel
requested maintenance work for a door lock to Cell 3C-1.In interviews following
the standoff, authorities suggested Norton set off the takeover by escaping from
his cell, 3C-1, and beating a guard in the medical pod. One of the hostages,
Glenda Baker, told The News Herald that she was distributing medicine on the
third floor when the lights suddenly went off and one of the locks failed. Baker
said one of the inmates released the others and overtook the floor’s lone
guard, and negotiators contend that the inmates used a padlock to seal the
faulty door from police. Perhaps the most controversial element of CCA’s
investigation is the "after-action report," a compilation of
liabilities put together for the company by an outside law firm. Jennifer
Taylor, CCA’s senior director of business development, said Friday that there
was some confusion about the legal probe, which resulted not in a tangible
report but informal guidelines for the company to follow. CCA employees who
failed to follow company policy in connection with the incident have been
"counseled, retrained, reassigned or disciplined, as appropriate." It
is unclear how many employees this applies to, and CCA officials said they could
not immediately release that information.
November 20, 2004 News Herald
Bay County and the company hired to run its jail met
Friday to make amends for two months of quiet bickering, with each side making
concessions to the other in the fight for information about September’s
hostage taking and standoff at the Bay County Jail.
A Corrections Corporation of America liaison was in Panama City on Friday
for a discussion with Roger Hagen, the county’s jail point man. Hagen
previously said he was frustrated by CCA’s slow response to the request, which
was made four days after the takeover.
November 14, 2004 News Herald
Everybody wants to know what happened — and CCA refuses
to say. Bay
County officials trying to determine the root of September’s inmate takeover
at the Bay County Jail have run into a corporate-size roadblock and are now
trying to pry vital information from the tight-lipped, $141-million company that
operates the county’s downtown facility.
Corrections Corporation of America was blamed last
week for a lack of cooperation during the aftermath of the hostage-taking and
standoff that landed a nurse and two prisoners in the hospital. County leaders
criticized the company for operating in secret and failing to consult with local
administrators on the outcome of a controversial after-action report.
The report is supposed to detail how four inmates
got free from their cells, obtained weapons, took hostages and kept the Bay
County Sheriff’s Office at bay for 12 hours.
Roger Hagen, the county’s correctional program
manager, said CCA has kept him in the dark during its investigation and has not
consulted with him. Commissioners Jerry Girvin and Cornel Brock said they were
not aware of any communication between the county and the company — despite
contrary claims by CCA. "We’ve
been in contact with Bay County throughout this process," said Louise
Chickering, a marketing executive at the company’s Nashville, Tenn.,
headquarters. "We are keeping them up to date."
"They are? Well, who are they talking
to?" Hagen asked last week. "It’s not me. You’d think by now they
would have been in contact with someone."
Said Girvin: "It sounds very confusing to me,
on their part. On CCA’s part."
The disconnect was triggered by an incident summary
and review that Chickering said was completed more than two weeks ago. But last
week, Chickering hedged against that claim, saying that only "the
investigation is complete but the report is not."
Several groups, including The News Herald, have
filed formal requests to review the report, but a CCA attorney said the
after-action report never will become a public record.
That’s because the investigation was performed by a private law firm
hired by CCA, legal counsel Gus Puryear said Thursday. The law firm, Puryear
said, was brought in to protect the company from liability.
For Brock and Hagen, CCA’s reluctance to share information is troubling. The
county recently recouped $1.25 million from the company in return for a contract
extension through September 2005.
To dissuade the county from bidding out the contract to operate the jail
— which commissioners ultimately decided to do — CCA offered to reduce Bay’s
bill by $83,333 a month from June 1 through May 31, 2005. CCA also paid the
county a lump sum of $250,000 on Oct. 1. The
company also has been besieged by bad public relations, as CCA struggled with
riots, takeovers and a homicide in the last four months.
In a two-week period in July, inmates nearly
overtook facilities in Colorado and Mississippi. That followed a July 7 homicide
in Nashville and a smaller uprising in Oklahoma.
A Colorado Department of Corrections report
indicated that understaffing led to a slow response to a disturbance at the
Crowley County Correctional Institution — where inmates beat cellmates and set
fires across the facility. That
the company has not been forthcoming during its investigation of the Bay County
Jail is disconcerting, Hagen said. While he has remained in touch with local CCA
administrators, Hagen said his dealings with the corporate office have been
uneasy at best. Like
others, Hagen has tried for weeks to keep abreast of the company’s critical
incident review. But getting his hands on the after-action report has proved
impossible. "I
don’t know if I can get a copy," Hagen said, "and its contents have
never been discussed."
Brock, who leaves office Tuesday, said the problem may lie with the
County Commission and its staff, which has never shown the
"enthusiasm" necessary to keep tabs on the jail.
November 9, 2004 News Herald
A state investigation into September’s inmate takeover and police shootings at
the Bay County Jail is complete and likely will be turned in to the State
Attorney’s Office today.
In its review of the incident, the Florida Department of Law Enforcement
focused solely on the shootings of a jail nurse and two inmates accused of
barricading themselves inside a third-floor medical wing. In addition to
FDLE and Sheriff’s Office documents, CCA spokeswoman Louise Chickering said
jail administrators completed an after-action report about two weeks ago.
Chickering also said the company had been in contact with Bay County officials
about its findings. A CCA attorney later
denied a News Herald public record request to review that report.
Panama City lawyer Cliff Higby said the report had not yet been finished.
And Roger Hagen, Bay County’s correctional program manager, said the
Nashville-based company had not spoken with local officials regarding the
after-action report. "I don’t know
who in the world they’ve been talking to," Hagen said two weeks ago.
"But they haven’t been talking to me."
November 3, 2004 News Herald
One of four men charged in a September jailhouse kidnapping pleaded Tuesday to
the charges that had him in the Bay County Jail initially.
Matthew Coffin, 18, pleaded no contest to escape, robbery with a weapon
and attempted robbery with a weapon. Coffin is one of four men accused of taking
hostages in a jailhouse standoff Sept. 5. The standoff ended when sheriff’s
deputies stormed a third-floor holding cell and shot a suspect and the hostage.
October 9, 2004 News Herald
The company that manages the Bay County Jail has completed an internal
investigation into a September hostage taking at the facility. Louise
Chickering, a spokeswoman for the Nashville-based Corrections Corporation of
America, said company investigators have finished an "after action
report" assessing the incident. "We have
completed the report and are keeping the county up to date on all our processes
and getting as much feedback as possible," Chickering said.
The report is not available for public inspection,
Chickering said.
On Sept. 5, police said four jail prisoners barricaded themselves with
four CCA nurses on the third floor of the jail. The Florida Department of Law
Enforcement is expected to complete a "fact-finding" report by the end
of October, said Lisa Lagergren, spokeswoman for the FDLE.
October 6, 2004 News Herald
Police are awaiting the autopsy report for a 22-year-old Springfield man before
closing the investigation into his suspected self-inflicted death at the Bay
County Jail during Hurricane Ivan.
Bay County Sheriff’s Office Investigator John
Sumerall said it appears that William Henry Cantor hanged himself from his jail
cell bunk with a bedsheet Sept. 15. He said Cantor died alone in a jail cell
located in a section of the jail used specifically for inmates who request to be
isolated from other inmates.
September 26, 2004 News Herald
An inmate disappeared from the Bay County Jail in downtown
Panama City at about 8 p.m. Friday and remained on the lam Saturday night.
"We’re working some leads. As of yet they have proven to be
fruitless," said Lt. Dave Delaney with the Bay County Sheriff’s Office.
"We are actively looking for him."
September 12, 2004 News Herald
I will not second-guess the command decision to utilize deadly force when
SWAT members stormed the Bay County jail. I will let an objective and
comprehensive afteraction investigation review those facts. There are, however,
several initial items which warrant complete review. As a retired associate
warden with the Federal Bureau of Prisons (22½ years), I’ve had some
experience in these matters.
First, was there a clear chain of command? Who was
"calling the shots" regarding the negotiations — Bay County
Officials or Corrections Corporation of America’s warden of the site?
Second, was there a public information officer
designated to speak on all matters to the media? Negotiators usually never speak
to the media during negotiations as Sheriff Frank McKeithen did.
Third, I read where a door would not lock and the
staff panic-button alarm system malfunctioned. These issues are inexcusable.
Security conditions (cell locking mechanisms, staff emergency equipment, etc.)
must be checked each shift — daily — and when found inoperative fixed
immediately, or replaced with functioning equipment.
Fourthly, how could inmates access controlled
medications? Facilities are required to have these items safely secured (behind
a grille in a safe) and available for immediate disposal through a chute in
event of an emergency. Finally,
who’s overseeing CCA’s compliance with contractual requirements,
correctional personnel and jail standards, and regulations? Many important
issues must be addressed through an objective post-incident investigation team.
Accountability for incompetence must be made. By Fred
Apple. The writer, who helped run federal prisons in Minnesota, now is retired
and lives in Panama City.
September 9, 2004 News Herald
He missed. He just missed.
Bay County Sheriff’s Office Capt. Jimmy Stanford
was aiming for the inmate’s leg, aiming to end a 12-hour standoff that had
quickly dissolved, that had been calm and controlled but soon spiraled into a
violent, drug-laced nightmare. There he was Monday
morning, on the third floor of the Bay County Jail, trying to quash a rebellion
and earn freedom for the final hostage. He saw the nurse, a scalpel to her
throat and a hypodermic needle at her chest, the inmate standing behind her.
September 9, 2004 News Herald
The Florida Ethics Commission on Wednesday issued probable-cause findings on two
former Bay County commissioners, a former county attorney, a former county
manager and a current county employee on charges related to a 2000 trip to
Nashville, Tenn. The Ethics Commission’s findings are related to a February
2000 trip the county officials took to Tennessee to visit a jail operated by
Corrections Corporation of America, which also operates Bay County’s jail and
annex. Bay County was negotiating a
contract renewal with CCA at the time of the trip.
In July 2003, the Florida Police Benevolent Association filed complaints
with the Ethics Commission against former County Commissioners Carol Atkinson,
Danny Sparks and Richard Stewart, former County Manager Jon Mantay, former
county attorney Nevin Zimmerman, and Bob Majka, then and still the county’s
emergency services director. The Ethics
Commission dismissed all complaints against Atkinson because she believed the
county was paying for the trip, according to the Ethics Commission’s report.
September 8, 2004 News Herald
The wisdom of the bloody end Sheriff Frank McKeithen ordered to a weekend
hostage standoff at Bay County Jail will be thoroughly weighed under more
tranquil circumstances, as it should. Given the criminal history of four inmates
who took hostages and threatened to take lives, though, the sheriff for 11 hours
lived with the knowledge that these were not just boys acting up. It appears
that all four should have been in a better guarded state penitentiary or
institution; one may be a mental case. The
hostage-takers’ grievances deserve attention, not from sympathy for their diet
or sloppy medication management, but as a more sober-minded look at the county’s
repeated inability to properly monitor or control what goes on inside the jail
or to properly address complaints raised by inmates over and over, year after
year.
CCA also is constantly pressured to do everything more cheaply.
September 8, 2004 Tallahassee
Democrat
A sheriff's negotiator won the release of three employees before a SWAT team
stormed the Bay County Jail when inmates threatened to torture and kill their
remaining hostage, a nurse who then was accidentally shot, authorities said
Tuesday. The nurse suffered gunshot wounds
in the back and leg Monday and remained hospitalized in stable condition, said
sheriff's spokeswoman Ruth Sasser. Inmates
had taken over the six-story jail's third-floor infirmary, and one of them was
holding a scalpel to the nurse's neck when the SWAT team and armed jailers ended
an 11-hour standoff that began about 9 p.m. Sunday, Sasser said. The
hostages - three female nurses and a male guard - worked for Nashville,
Tenn.-based Corrections Corporation of America, which operates the jail under
contract with the county. Licensed practical nurse Glenda Baker, however, told
The News Herald of Panama City that she was one of the hostages released during
the night. The lights had gone off and a
door to the floor's cells failed to lock before the incident occurred, Baker
said. One inmate then released others and four hostage-takers overpowered the
only guard on the floor. Then a panic button failed, she said. A television
anchor said she had received a telephone call Sunday night from someone claiming
to be holding hostages at the jail. The caller said he was upset about health
hazards there.
September 8, 2004 News Herald
The Florida Department of Law Enforcement continued its investigation on
Tuesday into the Bay County Sheriff’s Office’s response to a Bay County Jail
hostage situation that ended in gunfire early Monday morning.
Four jail inmates were charged in the hostage
taking, which ended when Bay County SWAT team members stormed the third-floor
area where the men had barricaded themselves with four hostages. A
CCA nurse and two inmates were injured by gunfire when the SWAT team moved in.
September 6, 2004 AP
A
SWAT team stormed the Bay County Jail on Monday to end an 11-hour hostage
standoff, injuring one hostage and three inmates, authorities said. An
undetermined number of other employees were freed. The injured hostage, a nurse,
suffered a leg wound and was undergoing surgery at a hospital, and her injury
did not appear to be life-threatening.
July 22, 2004 News Herald
A jail melee that left three prisoners injured this week was motivated by
"racial prejudice," according to arrest affidavits filed Wednesday at
the Bay County Courthouse. Six men attacked two men "en masse,"
using their fists and a makeshift weapon — a padlock stuffed in a sock —
during a quarrel Monday at the Bay County Jail, authorities reported. One of the
alleged attackers also turned on a third man who tried to quell the fisticuffs,
police said. Five of the prisoners were charged with two counts of felony
battery on a detainee. They are: Tyree C. Cleveland, 22; Danny D. Dorsey, 19;
Shawn C. Ponds, 28; Demar J. Davis, 19; and Derrick M. Bell, 19. Johnny L.
Brown, 23, was charged with three counts of felony battery, accused of shoving
the man who tried to break up the fight into a metal bunk. An official
from Corrections Corporation of America, which runs the Bay County Jail and its
annex on Nehi Road, said the fight occurred on the fifth floor of the downtown
Panama City facility. Spokeswoman Mary Hughes said two guards were on duty at
the time and called for backup when the melee began. The injuries
were minor, Hughes said, and the alleged victims were treated at the jail.
Arrest affidavits said the suspected attackers had been calling two of the
victims a racial epithet the week before the incident and made the men complete
their daily work assignments. The alleged attackers also used the epithet during
the beating, the affidavits said. "We were not aware of that,"
Hughes said. "The chief was told that by the (Bay County) Sheriff’s
Office, which is investigating it."
March 31, 2004 The Ledger
The last two of six Bay County Jail inmates charged in the beating death of a
fellow inmate pleaded guilty and were sentenced Monday. Investigators said
Chad Littles, 18, was beaten to death in October 2002 because others thought he
was an informant for the guards, The News Herald reported. James
DeRossetti, 22, pleaded guilty to manslaughter and was sentenced to 10 years in
prison; Larry K. Burks, 20, pleaded guilty to aggravated battery and was given
seven years in prison. "I'd just like to say I feel real bad for what
happened," said DeRossetti. "I hate that it happened. I just wish this
court and the people of Bay County could know what really happened, but it won't
never come out." Originally, the six defendants were charged with
second-degree murder. The others were sentenced earlier. Jeremiah Samuel
Hinsey, 22, pleaded no contest to manslaughter in July and was sentenced to 10
years in prison. Carlos King, 32, pleaded no contest to aggravated assault June
8 and was given five years in prison. Malachi Najair, 26, was sentenced
Aug. 22 to 12 years in prison after entering a plea to felony battery and
violation of probation. Ronald Lawson, 26, was sentenced in October to five
years in prison for felony battery. Littles' mother has sued Corrections
Corporation of America Inc., which operates the jail, claiming it did not
protect her son. That lawsuit hasn't been resolved.
March 15, 2004 News Herald
After a surprise visit to inspect the
conditions of the Bay County Jail Thursday, Bay County Commissioner John
Newberry shook his head in disbelief and said "the place needs to be
dynamited." Newberry told Denny Durbin, the facility’s
administrator, that he visited the jail unannounced so there would be no
question about whether or not he was seeing typical conditions. Newberry also
questioned jail officials about their refusal to release medical records of two
inmates who asked News Herald staff to look into claims of physical abuse by CCA
employees. On Wednesday, Kenneth Pringle, 28, called The News Herald from
the Bay County Jail Annex and asked to be interviewed about beatings he said he’d
taken from guards. In order to verify his claims that he received medical
treatment for injuries, a reporter requested Pringle’s medical records.
After Pringle signed a waiver to make his records available, another
inmate, Timothy Pilgreen, made similar claims and requested a waiver from jail
officials. But Assistant Warden John Rochefort refused to release the
records and said The News Herald would have to subpoena them. After
News Herald staff submitted a freedom of information request for the medical
records, jail officials released Pilgreen’s records. Pilgreen said he had been
removed from the cell and handcuffed during the search. Pilgreen said
he followed a guard’s instructions to face the back wall of the cell, but when
the officer came in and removed the handcuffs from one arm, he
"slammed" Pilgreen’s head into the concrete wall, Pilgreen said.
Pilgreen said he fell to the floor and several correction officers began
to punch and kick him. Then, he said one of the jailers climbed onto the toilet
and jumped onto his left leg. An inspection of Pilgreen’s medical
records uncovered an evaluation from the jail’s medical staff that listed the
reason for examination as "use of force and restraints." The
record, dated Jan. 24, said Pilgreen’s left thigh was red and inflamed. It
also said he had a large knot and a small laceration on his right eyebrow, an
abrasion on his right knee and an "ecchymosis" — a bruise — on his
neck. Soon after the examination at the jail, Pilgreen was taken to
the emergency room at Gulf Coast Medical Center for an evaluation because he was
"taken down with force" and his thigh was "red and swollen,"
the medical records showed. Newberry asked about roach infestation based on
comments inmates had made in a previous News Herald article. Officials had
previously said they sprayed for roaches once a month, but Newberry suggested
that might not be enough. Pilgreen’s medical records revealed that he was
treated for ant bites in December of 2003 and complained of a spider bite in
February. Newberry asked about mold, and Durbin told him "there
is very little ventilation." When Newberry asked about heating and cooling,
Durbin said "heating hasn’t been reconstructed but (there) has been a lot
of improvement." Newberry said it was time to address the
condition of the jail.
March 10, 2004 News Herald
Even as it considers major changes in its jail
operations in the next couple of years, Bay County is talking with current jail
operator Corrections Corporation of America about ways to reduce costs in the
meantime. "Right now you’ve got the best of all worlds," Roger
Hagen, the county’s newly hired corrections program manager, told county
commissioners Tuesday. "You’ve got two years to deal with the broader
issue of where we want to be five, 10 years from now." The county’s
contract with Corrections Corporation of America, or CCA, expires in 2006, but
the county has an opportunity to terminate it this year. If it decides to do so,
the county must notify CCA by the end of June. The county pays CCA on a
per-inmate, per-day basis. With the jail population exceeding capacity most
days, the county has seen its jail costs skyrocket. If the current trend
continues, the total cost for the current fiscal year will exceed $14
million.
March 8, 2004 News
Herald
Even though the combined population of Bay
County’s two jails has swollen beyond the designed capacities by more than 300
inmates, jail officials say the buildings are not overcrowded. At the Bay County
Jail in downtown Panama City last week, some inmates slept in steel bunks that
lined the concrete walls of dayrooms — open areas outside of the cells, where
inmates spend most of their waking hours. Mold and rust were visible on the
walls of the shower room and inmates said it did not drain properly. Other
inmates said the interior walls of the jail should be painted and still others
complained that they did not get enough to eat. Wesley Smith, a
20-year-old inmate, asked why his room constantly leaks around the ceiling. The
walls of Smith’s cell, which abut the shower stall, were damp and what
appeared to be mold was visible in the corners around the ceiling. Smith said
living in the damp conditions often makes him sick. During two
separate interviews with Smith at the Bay County Jail, roaches could be seen
crawling on the top of a desk in an interview room. Bellows directed
questions about the facility to the jail’s spokeswoman, Mary Hughes, the
administrative supervisor for Corrections Corporation of America’s Bay County
facilities. John Rochefort, assistant warden for the Bay County Jail Annex on
Nehi Road, said the downtown jail was designed to hold 212 inmates. There were
445 in the facility on March 1. On the same day, he said there were 565 inmates
in the annex, which is designed to hold 456 people. During a tour of the annex
on Tuesday, bunks could be seen overflowing into dayrooms. A female inmate said
they were "way over" capacity in her dorm. During an interview
last week, Smith said he had looked on in horror as a group of inmates beat to
death 18-yearold Chad Littles in a cell at the annex Oct. 6. Littles’
mother is suing CCA, claiming the jail didn’t do enough to protect her
son. If steps have been taken to thwart violence, Smith and Allen said
they couldn’t tell. Both said they had been beaten so severely in the last
year that they required hospitalization. Allen said he has been beaten on
five separate occasions. He blamed the guards. "(A female guard)
walked into the pod I just got put in and said, ‘Hey, there’s a guy in here
for raping somebody,’" Allen said. The beatings soon followed,
Allen said. In November 2002, Allen said, he was beaten so severely he
required staples in his head. On another occasion, Allen said, he was beaten
until he had a seizure. Following that incident, Allen said he was put in
the isolation ward for mental patients. For safety reasons, inmates are let out
of their cells one at a time to use the dayroom. But on one occasion, he said,
guards let an inmate who had already made violent threats into the dayroom with
him. Allen said he was beaten again. "Rochefort did confirm a story
by one inmate who asked not to be identified for fear of retribution. He said
inmates at the Bay County Jail were able to tie pieces of bed sheets together
and lower a pillowcase to the ground from the sixth floor in order to smuggle in
contraband.
February 26, 2004 News
Herald
One Bay County Jail inmate received 10 years in prison and another received five
years after pleading no contest to charges stemming from the beating and
stomping death of another inmate. Jeremiah Samuel Hinsey, 22, received 10 years for manslaughter and Carlos King,
32, five years for aggravated assault in the 2002 death of Chad Littles, 18, at
the jail's annex outside Panama City. Circuit Judge Don T. Sirmons gave
each credit for 505 days time served Tuesday as he sentenced them in accord with
plea agreements. They join two other inmates already sentenced for participating
in the killing. Two more are awaiting trial. Investigators said Littles,
who died from a head injury, was killed because other inmates mistakenly
believed he was an informant. Malachi Najair, 26, was sentenced in August
to 12 years after pleading no contest to felony battery and unrelated charges.
Ronald Lawson, 26, was sentenced in October to five years for felony
battery. Larry K. Burks, 20, and Nicholas Hulsey, 22, are set for pretrial
hearings March 10 on second-degree murder charges. A lawsuit by Littles'
mother is pending against Corrections Corporation of America Inc., the private
company that runs the jail for the county.
October 14, 2003 News Herald
Circuit Judge Don T. Sirmons followed the agreed upon sentence in Ronald Lawson’s
plea deal Monday and gave him five years in prison for his role in the beating
death of a Bay County Jail inmate last year. Lawson, who was originally charged
with second degree murder in the death of Chad Littles, 18, pleaded no contest
to felony battery several months ago.
October 8, 2003 News Herald
Bay County commissioners said Tuesday they’re not ready to decide whether to
solicit bids for operation of the Bay County Jail and annex. At the
conclusion of a 3½ hour workshop, the commission tabled the issue for two
months. They hope that will provide time to determine whether a new county
position will help them address the persistent problem of rising jail
populations and the associated costs. Commissioners
approved the new staff position in the current year’s budget, which began Oct.
1. The yet-to-be-hired employee will provide heightened oversight of the county’s
contract with Corrections Corporation of America, the private company that has
operated the jail since 1986. "At this point, I’m not prepared to
give a formal notice to CCA that we’re going to do a (request for
proposals)," Ropa said. "What I’m looking for is more investigation
into what exactly we should ask for in an RFP or what we should ask of our
current vendors." The county’s contract with CCA does not expire
until the end of September 2006. But the county can terminate the contract in
the mean time by providing the company 90 days’ notice. If the county
wanted to solicit proposals for next fiscal year, it would have to provide such
notice in June. County staff had suggested that if the commission wanted
to solicit proposals, it should go ahead and provide
CCA notice. That would give the staff plenty of time to prepare a request for
proposals. But Commissioner Cornel Brock said he thinks the commission
should test the new con tract oversight position to see
what difference it makes. Commissioners first broached the subject of
soliciting proposals from other private jail-management companies when they were
reviewing their budget for the current year. With one month still uncalculated,
the jail contract exceeded its $10 million budget by more than $1 million.
The bill has been running about $1 million a month. Commissioners
budgeted $12.6 million for this year. That took into account an increase
in the per diem, per-inmate rate charged by CCA. The rate this year will be
$43.16.
July 25, 2003 News Herald Bay
County commissioners said Thursday they want to take a fresh look at their
options for operation of the county jail. Reacting to a suggestion by
Commissioner Mike Ropa, they agreed to put the issue on the agenda for their
Aug. 19 meeting. At that time, they will discuss giving Corrections
Corporation of America — which runs the main jail and annex — notice that
they intend to solicit bids from other private jail-management companies. Some
commissioners suggested they’d like to expand the discussion to include the
possibility of the county’s reassuming responsibility for jail
operations. Ropa said cost is the primary reason he wants to put the
contract out for bid. Budget Officer Mary Dayton told commissioners she
expects payments to CCA to exceed the budgeted amount by more than $2 million.
The county budgeted roughly $9.9 million for the year, and so far has paid $9.2
million with three months left to pay. Monthly bills have been running about $1
million, Dayton said. Commissioner John Newberry said he generally
questions private jail operation, and suggested that incarceration "really
ought to be a government function."
July 15, 2003 News
Herald
A union that represents law enforcement and
correctional officers said Monday that it had filed ethics complaints against
three former Bay County commissioners, a former county manager, a former county
attorney and the county’s chief of emergency services. The Florida
Police Benevolent Association said its complaints stemmed from a February 2000
trip the officials took to Tennessee to visit a jail operated by Corrections
Corporation of America, which also operates Bay County’s jail and annex.
Ken Kopczynski, PBA’s legislative assistant, said the union has documentation
that CCA paid for the trip, including airfare, hotel rooms and meals. At
the time, CCA and the county were negotiating the renewal of the contract for
Bay County jail operations. "It is very questionable since they were
in the middle of contract negotiations (with CCA,)" Kopczynski said.
Kopczynski said PBA began looking into Atkinson after she began chairing the
privatization commission last year. As part of that research, he said, "we
came across this trip."
July 8, 2003 News Herald
The third of six men charged in the death of a
Bay County Jail inmate pleaded no contest to manslaughter Monday and faces 10
years in prison. Jeremiah Samuel Hinsey, 21, was one of six men charged in
the death of Chad Littles, 18, who died Oct. 6 at the jail annex on Nehi Road.
Investigators said six inmates beat Littles to death when they thought he was an
informant for the guards. Hinsey, Carlos King, 31, Ronald Lawson, 25,
Nicholas Hulsey, 21, Malachi Najair, 25, and Larry K. Burks, 19, were
charged. King and Lawson entered pleas in their cases last month.
King pleaded no contest Monday to aggravated assault. He was accused of barring
Littles’ escape from a group of inmates who had attacked him. It was while
Littles was facing King, investigators said, an inmate swept Littles’ legs out
from under him. Littles was kicked and beaten while he was down. He died
from a head injury. Lawson was one of those accused of kicking Littles. He
pleaded no contest to felony battery. Both men will be sentenced to five
years in prison, according to court records, after all six cases have been
disposed of. Hinsey tentatively was scheduled for sentencing Sept. 22. He
agreed to testify against the remaining co-defendants if called by the
state. Prosecutor Ashley Adams said additional depositions in this case
are scheduled for August, which could move all the cases closer to
completion. Najair’s attorney said in court last month that he is
considering a plea offer as well. No contest means the men don’t admit
their guilt, only that the state could prove they did the crime. Littles’
mother sued Corrections Corporation of America Inc., the jail’s corporate
owner, claiming the jail didn’t do enough to protect her son. The morning of
Oct 6, guards conducted a routine security inspection in Littles’ cell pod,
which was completed five minutes later. Two minutes after officers left
the minimum-security pod, an inmate came to the front of the pod and told the
guards that an inmate was down, according to jail officials.
June 11, 2003 News Herald
Malachi Najair might be the next Bay County
Jail inmate to enter a plea in the beating death of Chad Littles Najair, 25, is
charged, along with three other inmates, with second degree murder. He’s
accused of participating in a beating Oct. 6 in the jail annex on Nehi Road that
killed the 18-year-old Littles. On the morning of Oct. 6 guards conducted
a routine security inspection in Littles’ cell pod, according to Corrections
Corporation of America, the jail’s corporate owner. The CCA said the
inspection was completed five minutes later. Littles’ mother, Frances
Hughes, sued CCA, claiming it failed to provide the proper number of guards or
monitoring equipment for the cell block, or train the guards properly.
June 10, 2003 News Herald
Two men entered pleas Monday to their
involvement in the death of a Bay County Jail inmate in October. Carlos King,
31, and Ronald Lawson, 25, both face five years in prison after pleading no
contest to lesser charges than the second-degree murder they were facing.
Chad Littles, 18, died Oct. 6 while being held at the Bay County Jail Annex on
Nehi Road. Investigators said six inmates beat Littles to death when they
thought he was an informant for the guards. Littles’ mother, Frances
Hughes, and a representative from the attorney’s office handling her lawsuit
against the jail’s corporate owner, Corrections Corporation of America, were
in the audience to see King and Lawson change their pleas. Hughes said in
her lawsuit that CCA failed to provide the proper number of guards or monitoring
equipment for the cell block, or train the guards properly.
April 18, 2003 News Herald
The Bay County jail’s 2002-03 budget allocation is almost two-thirds spent,
halfway through the fiscal year, due to an exorbitant number of inmates.
"If this trend continues, Bay County’s current (Corrections Corporation
of America) budget of $9,990,780 will need to be increased," Rogers wrote
in a letter recently to the Bay County Emergency Services Department, which is
responsible for monitoring the county’s contract with CCA.
April 3, 2003 News Herald
Corrections Corporation of America has pledged to work with the Florida
Department of Law Enforcement to address discrepancies in computerized arrest
information for inmates at the Bay County Jail. In January, the FDLE
reviewed CCA’s computerized arrest records against 288 booking reports. FDLE
found a "high percentage" of discrepancies, ranging from incorrect or
misspelled names to incorrect charges. A number of the discrepancies
occurred because arresting officers failed to enter proper Florida Statute
numbers to identify criminal charges.
December 17, 2002 News Herald
A man who used his little brother's name to avoid being booked into the Bay
County Jail Sunday remained at large Monday after escaping out an unguarded back
door at the Bay County Jail.
December 6, 2002 News Herald
Correctional officers at the Bay County Jail released the wrong woman Tuesday
when a female inmate assumed the identity of a sleeping woman who was in the
same holding cell for detoxification. While the intoxicated woman was
sleeping in the cell, Robbie Levingston, 29, answered for her, signed for her
belongings and walked out of the jail, said Bay County Sheriff's Lt. J. D. Nolin.
Chief Michael Thompkins, of the CCA, said an incident like this has never
happened in his 14 years at the Bay County Jail and new procedures are in place
so it never happens again.
October 9, 2002 News Herald
Office of Emergency Services has intiated its own investigation this week into
the death of a Bay County Jail annex inmate. Sheriff's investigators said
the Chad Littles, 18, was beaten to death Sunday by six other inmates at the
annex on Nehi Road. Bob Majka, chief emergency services, said his office
oversees the contract between the county and Corrections Corporation of America,
the operators of the Bay County jail and its annex. He said Tuesday that a
member of his staff was looking in to the death of Littles to ensure that jail
staff performed in accordance with the jail's policies, and that those policies
were in agreement with the contract. Majka said his office has become more
involved in monitoring activities at the jail since inmate Justin Sturgis, 20,
died Feb, 15 after an apparent drug overdose at the main jail. Both
facilities are operated by CCA. A grand jury handed down a presentment in
the Sturgis case that was critical of how the situation was handled.
Steven Owen, CCA spokesperson, said Tuesday that jail personnel weren't
responsible in any way for Littles death. When Bay County contracted with
CCA back in the mid-1980s, it became the first county in the country to turn its
jail over to a private company. Owen said there were cameras installed in
the pod, but they didn't work. They'd been installed 15 years earlier to
monitor a specific remodeling project and hadn't been in operation
since.
October 8, 2002 News Herald
A county judge Monday said there was "no chance" he would allow six
men accused of a jailhouse slaying to post bond. They are accused of
beating to death fellow Bay County Jail inmate Chad Littles, 18, on
Sunday.
October 7, 2002 News Herald
Six inmates at the
Bay County Correctional Facility Annex on Nehi Road
were charged Sunday with the beating death overnight of
Chad Littles, 18, of Panama City.
Littles
was serving time for failure to pay a fine –possession of less
than 20 grams of marijuana, resisting an officer without
violence/violation of probation on an original charge of burglary of a
structure. Bay County Sheriff Guy Tunnell said James DeRossutt,
also known as Nicholas Hulsey, 19, of Alabama; Malachi Najair, 25, of
Callaway; Carlos D. King, 30, of Panama City; Larry Burks,
19, of Panama City; Jeremiah S. Hinsey, 18, of Evansville, Ind.; and Ronald
Lawson, 24, of Fort Walton Beach assaulted Littles.
They
are now in the main Bay County Jail and will make first appearances
on the open charge of murder today.
Tunnell
said Littles was killed after an altercation in the B dorm of
the minimum security annex, where about 80 inmates are
housed. The fight began after a routine shakedown yielded an instrument for
applying tattoos.
Tunnell
said most of the inmates felt Littles had told Corrections
Corporation of America guards about the tattooing tool. But Capt.
Ralph Dyer of the Bay County Sheriff’s Office said that was not the case.
"The
sad thing is that Littles was not an informant," he said. "He was
called back into his cell to unlock his locker, which guards
could not open. The other inmates thought he was a snitch and that he had
told guards about the tattooing tool."
After
guards let the inmates back into their cell pod, at least four of
the defendants allegedly confronted Littles at the rear of the
dorm and began to beat him.
Littles
was able to get away temporarily and was trying to summon guards
when King blocked his way and, according to
witnesses, enticed the same inmates to "finish him. At that time,
according to Tunnell, DeRossutt came up behind Littles and
pulled his feet out from under him, causing his head to
strike the concrete floor with full force, knocking him unconscious.
Witnessses said Najair, Burks, Hinsey and Lawson then began to kick or
hit Littles while he was lying on the floor. Guards arrived
and summoned the on-duty nurse for CCA. The nurse then called EMS to
transport Littles to Bay Medical Center, where he was
pronounced dead.
August 19, 2002 News Herald
While grand jurors found no criminal liability in the death of a Bay County Jail
inmate, their presentment found there were "serious deficiencies" on
the part of jail personnel "which led, or contributed to the death of
Justin Sturgis." CCA representatives said Sturgis caused his own
death. However, the medical protocols the jail had in place were
inadequate and weren't followed anyway, according to the presentment.
"Correctional personnel failed to demonstrate adequate health training in
responding to the level of distress evidenced by Justin Sturgis," the
jury's presentment stated. In addition, policies that require a
"system of structured inquiry and observation" to an inmate's medical
condition were not adhered to. "That structure was sorely lacking in
the Sturgis case." Jurors singled out jail nurse William Schwarz Jr.
and recommended that a copy of the presentment be sent as a report of his
performance to the Florida Department of Health's Division of Medical Quality
Assurance. "William Schwarz was deficient in the performance of his
duties as the facility's sole health care professional," the presentment
said. "Such deficiencies may have contributed to the death of Justin
Sturgis." The report did not address inmate's allegations that jail
personnel tainted Sturgis. Grand jurors also recommended that the Bay
County Commission look into the matter to see if it merits termination of the
county's contract with CCA.
August 13, 2002 News Herald
Attorney Wes Pittman said Monday he was angered by comments made by Corrections
Corporation of America officials after a grand jury released its findings into
the death of a Bay County Jail Inmate. Grand
Jurors issued a presentment containing views, criticisms and suggestions
Thursday after investigating the death of Justin Sturgis, 20, who died the
morning of Feb. 15 after an apparent drug overdose at the jail, a CCA
facility. “It is a very solid finding of fault on the part of the grand
jury as to the ludicrous nature of health care, or lack of health care, in the
Bay County Jail,” said Pittman, who represents the Sturgis family While
grand jurors found no criminal liability in Sturgis’ death, there were “serious
deficiencies” on the part of personnel “ which led, or contributed to the
death.” Sturgis apparently
swallowed 10 to 12 Ecstasy pills during a traffic stop, just before he was
arrested for DUI. He started suffering some degree of distress about 3 a.m.,
according to the presentment, but wasn’t taken to the hospital until three
hours later. He died of malignant hyperthermia, a rare reaction to the drug.
His body temperature was 108 degrees when he was admitted to the
emergency room, said a Bay Medical Center doctor. CCA representatives said
Thursday that Sturgis caused his own death by swallowing the drugs to avoid
prosecution and not telling the jail nurse what he had done. “When Mr.
Sturgis failed to give the nurse adequate information concerning the quantity
and nature of the drug, he effectively removed any possibility of survival,”
said Louise Green, CCA vice president of communications.
Pittman, who returned to work Monday after being on vacation in Canada last
week, said those comments did nothing to head off a lawsuit he plans to file
late this week against CCA. “It was almost laughable, the comments that
the two CCA defense lawyers made following the publication of the presentment,”
he said. “In effect, CCA has
issued a death sentence to any kid who takes drugs.
That’s hardly a commendable attitude for contract persons charged with
the protection of individuals within their custody and who are unable to take
care of themselves. “Even someone who has subjected himself to an
overdose of drugs must be cared for. There’s
no excuse in denying someone reasonable medical care.” Pittman said he’s
been in contact with several people who have been denied medical care at the
jail. He said the lawsuit he
intends to file might include plaintiffs other than the Sturgis family. “It’s more than a weekly event that I’m receiving letters and telephone
calls from people who have been deprived of medication that’s been prescribed
to them,” Pittman said. “They
have been totally ignored just as Justin Sturgis was.” CCA attorney
Deeno Kitchen said last week that over the last 30 months, jail personnel have
taken 480 inmates to area hospitals with 81 being admitted. “If we err
at all, we err on the safe side every time,” he said.
“We take them and let the doctors make the call.
In this instance we followed what we understood the instructions to be.”
Kitchen said Monday that the threat of a lawsuit wouldn’t stop the jail from
adopting changes grand jurors recommended.
He said the rules of evidence would prohibit Pittman from using any
improvements the jail made as proof of negligence. “We want to do the
right thing,” Kitchen said. “If
we’re going to improve it, we will improve it.” He said the jail
provided a lawyer, Emily Dowdy, for inmates to go to with complaints. Dowdy said
that a “very small percentage” of the numerous letters she receives daily
from inmates are about medical care. She
said the media coverage of Sturgis’ death, and the grand jury’s
investigation, sparked an increase in the number of medical complaints she
receives. “Both medical offices (at the jail and annex) are real good
about following up on things when I call them,” Dowdy said She said she
contacts medical personnel about the inmate’s complaints.
She then writes back to the inmates asking that they contact her if their
situation doesn’t improve. “Some do” write back, Dowdy said. “The majority don’t.” Pittman said the more he
looks into the situation at the jail the more he uncovers.
August 8, 2002 News Herald
While grand jurors found no criminal liability in the death of a Bay County Jail
inmate, their presentment found there were "serious deficiencies" on
the part of jail personal "which led, or contributed to the death of Justin
Sturgis" said CCA attorney Deeno Kitchen. However, the medical
protocols the jail had in place were inadequate and weren't followed anyway,
according to the presentment. "Correctional personnel failed to
demonstrate adequate health training in responding to the level of distress
evidenced by Justin Sturgis," the jury's presentment stated. In
addition, policies that require a "system of structured inquiry and
observation" to an inmate's medical condition were not adhered to.
"That structure was sorely lacking in the Sturgis case." The
grand jury was empanelled in July to review a Bay County Sheriff's Office
investigation into the incident and interviewed 18 witnesses, including jail and
medical personnel. The jury issued a presentment on July 17. Named
parties were given a chance to review the findings, and the presentment was made
public Thursday. Jurors singled out jail nurse William Schwarz Jr. and
recommended that a copy of the presentment be sent as a report of his
performance to the Florida Department of Health's Division of Medical Quality
Assurance. "William Schwarz was deficient in the performance of his
duties as the facility's sole health care professional," the presentment
said. "Such deficiencies may have contributed to the death of Justin
Sturgis." A specific problem jurors cited was apparent
miscommunication between Schwarz and emergency room Dr. George
Tracy. Tracy testified that he told Schwarz to take
Sturgis' vital signs and call him back. Schwarz said Tracy told him to
call back in two hours. That prevented Tracy from getting Sturgis'
information in an timely manner, jurors wrote. Harry Harper, Schwarz's
attorney, said his client was the only nurse on duty that night in a jail that
held more than 300 people. The report did not address inmates' allegations
the jail personnel taunted Sturgis. The presentment recommended numerous
changes in jail policy and procedures. He said cameras had been installed
in the holding cells to monitor inmate activities. Kitchen, however,
couldn't say if those cameras would record- the the presentment suggested- as
well as monitor. Kitchen said the jail also would try to set aside a
specific area for distressed inmates where medical personnel could more easily
monitor their condition. The presentment was critical of the fact that
jail guards, instead of nurses, had to keep track of Sturgis' symptoms.
Green said the jail was audited recently and found in compliance with the
provisions of the Florida Model Jail Standards and American Correctional
Association Standards. Grand jurors also recommended that the Bay County
Commission look into the matter to see if it merits termination of the county's
contract with CCA.
July 12, 2002 News Herald
Grand jurors are
expected to decide today whether criminal charges
will be brought against Corrections Corporation of America officials in
the
death of an inmate in February.
Justin
Sturgis, 20, died the morning of Feb. 15 after an apparent
drug
overdose at the Bay County Jail, a CCA facility. Inmates
at the facility at the time of Sturgis’ death told The News
Herald that guards taunted and laughed at Sturgis while he was in
distress,
and didn’t call for an ambulance until it was too late to prevent his
death.
Sturgis’
family members filed notice about two weeks after his death
that
they intended to sue CCA.
July 18, 2002 News Herald
Grand jurors found
Wednesday that no one was criminally responsible
for
a Bay County Jail inmate’s death, but have issued a presentment, meaning
they
have something to say about the matter. Justin
Sturgis, 20, died the morning of Feb. 15 after an apparent
drug
overdose at the Bay County Jail, a Corrections Corporation of America
facility.
Attorney
Wes Pittman, who expects to represent Sturgis’ family in a
lawsuit against CCA and possibly Bay Medical Center, said the presentment
will help his case. He said the family didn’t feel like it needed an
indictment
to justify how serious the situation was.
"Considering
the hideous facts of this case, it was enough that the
State
Attorney’s Office would take this to the grand jury," Pittman said.
"There
were some very serious, bad things, in (the prosecutor’s) opinion,
happening
within
the Bay County Jail."
July 13, 2002 News Herald
Grand jurors started their second day of investigation Friday into the death of
a Bay County Jail inmate with testimony from the emergency room doctor who
treated him. Bay Medical Center Dr. George Tracy was the first witness
Friday. Tracy told The News Herald after the incident that he told a jail
nurse to monitor Sturgis' condition carefully and call him back, but the nurse
didn't call him until two hours later.
February 27, 2002 News Herald
The parents of Justin Sturgis have filed a notice that
they intend
to sue the Bay County Jail and perhaps Bay Medical
Center for
failing to properly care for Sturgis when he became
fatally ill in a
jail holding cell on Feb. 15.
Doctors believe that Sturgis, 21, died of malignant
hyperthermia,
a rare reaction to the street drug Ecstasy. The medical
examiner
will determine a cause of death when toxicology tests
are
completed.
Investigators believe Sturgis swallowed 10 tablets of
Ecstasy
during a traffic stop on U.S. 98 to prevent police from
discovering
the drugs.
Inmates who were jailed with Sturgis told The News
Herald that
jail officials denied Sturgis medical assistance for two
hours. The
officials did not call for an ambulance until after the
jail nurse
announced that Sturgis' heart had stopped, the inmates
said. Inmates also alleged that correctional officers laughed
and
mocked Sturgis even as he was experiencing seizures.
Attorney Wes Pittman said he will file suit against
Corrections
Corporation of
America
on behalf of the Sturgis family.
CCA is the
private company contracted by
Bay
County
to manage the
jail. "These parents do not want anyone else to suffer the
grief they
are experiencing right now," Pittman said. "Their
motivation is to
try and prevent this from happening to someone else.
"If the allegations made by other prisoners are correct,
we are
certainly looking at CCA for violations of certain civil
rights
afforded to inmates as well as being extraordinarily
negligent."
"We do not see the county as the culprit," Pittman said.
"It (the
suit) is going to be against CCA and possibly the
hospital.
Bay County Commission Chairman Cornel Brock said the
commission is anxiously awaiting the results of
investigations into
the incident that the Bay County Sheriff's Office and
CCA are
conducting.
"The county is very much concerned," Brock said. "We
don't take
it lightly. An inmate who becomes seriously ill while
they are
incarcerated ultimately is the responsibility of the
county.
February 24, 2002 News Herald
Justin Sturgis'
gruesome death under jailers' watch was
a
discomforting public intrusion, especially because, in
some ways,
it's as if it happened somewhere else. Accountability
for public institutions, and thus
self-government
itself, remains an unfinished portrait. Sturgis'
death wasn't mentioned at Tuesday's County
Commission
meeting, as surely it would have been had he died while
taking
part in a local high school football practice. Sturgis
was in the
custody of a private company, Nashville, Tenn.-based
Corrections
Corporation of America. When the company has something
to say,
a CCA spokesman told reporter Todd Twilley, people will
hear
what people need to hear. A defense attorney who beats a
regular path to the jail told Twilley, "It's been fairly
well known for
a long time that there's a problem down there."
Fairly
well-known by whom?
Perhaps
it is good the public doesn't know a lot that is
going on
within public institutions, even privately managed ones
like the
jail. Just as perhaps, it is bad. With citizen
oversight, maybe
public officials - the ones who should be accountable -
would
know what is going on.
Panama
City police, who brought Sturgis to jail on a
drunk-driving
charge, apparently were unaware he had swallowed a
potentially
fatal number of Ecstasy tablets to avoid additional
charges
involving drugs.
At
the jail, though, the whole line of command and
custody -
admissions personnel, medical personnel, guards - should
have
known his convulsions weren't just jailhouse
malingering. The
experts on such things, other inmates, knew.
Just
keep an eye on him, a doctor at Bay Medical Center
told the
jail nurse by phone.
The
only sign of criminal wrongdoing that a Sheriff's
Office
investigator has turned up in the case didn't involve
jail staff,
however, the investigator told Twilley. It involved the
plastic bag
found in Sturgis' stomach during autopsy. We have no
reason to
think otherwise. Still, we believe criminal wrongdoing
is too narrow
a focus of an examination of what happened to Sturgis.
Panama
City police; the Sheriff's Office, which has
jurisdiction
over the jail; Bay Medical Center; and no matter the
contracting,
the Bay County Jail; all are public institutions. They
are operated
by public employees but not under public oversight.
The
long-term value of grand jury oversight or
charter-based
citizen oversight is not to point the finger at who
didn't do what
he was supposed to, but to empower and enable citizens
to know
how things are supposed to work, and whether they do or
not -
here, and now.
February 21, 2002 News Herald
A man who worked at
the Bay County Jail as a nurse said
Wednesday that he quit last year because he felt
pressure from
correctional officers not to do his job and feared that
an inmate
eventually would die.
"And
it happened," Jerry Militich told The News Herald.
"I
knew it
was going to happen, and I couldn't handle it. So I
left. When I
saw the paper, I had to call."
Militich
was referring to a story about the death of
20-year-old
Justin Sturgis early Friday.
The
specific pressure he said he felt was to avoid
sending sick
inmates to the hospital. Corrections Corporation of
America, which
runs the jail under contract with Bay County, must pay
to
transport prisoners to the hospital and pay for the
medication
that inmates receive.
Militich said he worked for CCA for about a year during
2000 and
2001. He said Wednesday that some of the medical
practices at
the jail while he was there upset him.
Militich
said correctional officers and supervisors at
the jail often
leaned on him not to send inmates to the hospital. In
addition, he
said, some inmates did not receive medication that had
been
prescribed them.
Many
inmates have complained to their attorneys and The
News
Herald about inadequate medical care at the jail.
Militich
said that having to send inmates to the
hospital was
considered a problem at the jail.
"I
was pressured not to send people to the hospital," he
said.
"There
is a lot of pressure because of a manpower
shortage when
you say, 'I want this guy to go to the hospital,' and
they have to
pull one or two (correctional officers) from somewhere
else" to go
to the hospital with the inmate.
Militich
said that sometimes inmates went days without
the
medication they needed - or worse, never got it.
"They
would put (inmates) on something else other than
the
medication they were prescribed because of the cost," he
said.
Sometimes
the other medication was a generic brand, but
sometimes not, he said.
Militich's
description of the practices at CCA are
comparable to
complaints inmates have made.
Inmates
who were in the jail's basement Friday morning
said they
tried to alert officers to get Sturgis to the hospital,
but the
guards mocked Sturgis and let other inmates see his
shaky
condition.
An
inmate who asked not to be identified said he was
surrendering
himself at the jail when he saw Sturgis convulsing at
3:30 a.m. It
was two hours later when paramedics arrived, the inmate
said.
Militich
said he resigned in mid-2001 because he did not
feel that
he got the backing he should have had to do his job. He
said he
never saw an inmate who didn't get medical attention
because he
treated them if they needed it.
Militich
said that while he worked for CCA, some nurses
at the jail
were qualified, while others "needed help."
"I
told one nurse before I left that she needed to get
to a hospital
and learn some assessment skills," he said. "That's
pretty strong
language to tell a nurse."
Militich
recalled guards mocking inmates for their
medical
condition.
He
said one time correctional officers announced loudly
that an
inmate was faking a medical condition. Militich said
that after he
had the inmate sent to the hospital, doctors revealed
that he had
suffered a seizure.
During
a similar incident, Militich said, he felt such
pressure from
correctional officers that he yelled out to them: "Well,
hell,
there's no reason for me to be down here. You are all
apparently
qualified to assess this person medically. Why do you
need me?"
"That
was frustrating, because obviously they weren't
qualified,"
Militich said.
February 19, 2002 News Herald
Allegations that Bay
County Jail guards mocked an ill
DUI suspect
- who later went into convulsions and died Friday
morning - come
as no surprise to local defense attorneys and a former
correctional officer who worked at the jail for three
years.
Inmates
have said that guards did little to help
20-year-old Justin
Sturgis, who reportedly told one correctional officer he
had taken
10 Ecstasy pills. No one called for an ambulance until
he went into
cardiac arrest.
Criminal
defense attorneys, meanwhile, said some of
their clients
have complained for years about the way some Corrections
Corporation of America employees have treated them. CCA
contracts with the county to run the jail.
And
an inmate who was in the jail at the same time that
Justin
Sturgis was showing signs of distress told The News
Herald on
Monday that guards were treating Sturgis like a "freak
show" -
parading other inmates by Sturgis to watch his behavior.
According
to inmate witnesses and an investigator with
the Bay
County Sheriff's Office, Sturgis showed seizure-like
symptoms a
short time after being taken to the jail. He began
shaking and told
a correctional officer he had taken pills before being
arrested.
A
nurse at the jail called Bay Medical Center's
emergency room
about Sturgis. Based on what the nurse said, a doctor
advised
that the nurse monitor Sturgis for a couple of hours.
Inmates
who said they were in the jail's holding area at
the time
said Sturgis' condition deteriorated, and guards did
nothing until
he went into cardiac arrest.
Sturgis
was taken to the hospital, where he was
pronounced dead
around 7 a.m.
Dr.
George Tracy, who treated Sturgis, said it's his
belief that
Sturgis suffered a rare reaction to Ecstasy.
A
plastic bag, presumably containing drugs, was found in
his
stomach at the autopsy. The medical examiner will issue
a final
cause of death when toxicology reports are completed.
Tommy
Sims Jr. said he worked for the jail for three
years in the
late 1990s. Sims, who said he was fired because of
allegations
that he had sexually harassed women inmates, said he
felt he had
to come forward about conditions at the jail when he
read about
Sturgis' death.
"Sure
I've got faults, but the information I'm telling
you about
what goes on at that jail, you can put me on a polygraph
and I'll
pass it," he said.
He
said that while he was working at the jail, inmates
in need of
medical attention were often ignored and that
supervisors helped
smooth over what he considered to be poor judgment on
the part
of guards. Sims said he wonders whether guards looked in on Sturgis
when he was supposed to be under a medical watch.
He
said the practice in such situations when he was at
the jail
was to simply post a note on the holding cell that the
person
inside was under medical watch.
"You
are supposed to look at the inmate and sign off,"
Sims
said
of his experience as a jail employee. "The only problem
is they
don't do anything but sign off. They don't look inside."
Inmates
have reported that they tried to alert guards
that Sturgis
was in trouble and needed medical attention. An
anonymous
source, who is represented by criminal defense attorney
Bob Pell,
said he was at the jail during Sturgis' plight. He said
Sturgis was
either being made fun of or being ignored throughout the
morning.
"A
lot of times these inmates are hollering out for
different
reasons," Sims said. "But it's almost like they've
stereotyped it to
be a troublemaker and so they yell out, 'Shut up!' or
kick the cell
door or threaten to mace them."
Sims
said that while he worked at CCA he violated some
of the
company's policies, but that so did most other officers.
Sims
said
correctional officers are sometimes fired when a problem
occurs,
but the problem isn't fixed.
"If (CCA) figures they can tell the public, 'We got rid
of
so-and-so,' then the public thinks everything is all
right," he said.
Louis
Green, the head of marketing for CCA in Nashville,
Tenn.,
said it is the company's policy not to comment on
statements
that ex-employees give to news organizations. She also
said that
CCA could give out no information on the investigation
into
Sturgis' death.
Pell
said that he has heard complaints from his clients
about their
treatment at CCA for years.
"It's
been fairly well known for a long time that
there's a problem
down there," he said. "There are several officers down
there that
are very responsible. In fact, some of the information
I've gotten
is from concerned officers who have seen people they
feel
should've gotten better medical attention than they
received."
Assistant
public defender Kelly McIntosh said inmates'
voices
often go unheard, but that it could be hard to separate
legitimate
requests for medical attention from false ones.
McIntosh
also said it is usually hard to prove if
someone was
denied proper medical attention.
"If
I was a civil lawyer and trying to prove it, it's
hard to prove
because (correctional officers) are going to bind
together and it's
their word against someone in there who is convicted,"
she said.
"Who's
a jury going to believe?"
McIntosh
said she believes video cameras should be
installed in
the jail to give inmates a credible witness.
"It's
a Catch-22," she said. "Who's going to believe
them - and it's
a damn shame, it really is. But we hear it enough that I
believe
something is going on. But how do you prove it until
something
like this happens?"
Attorney
Waylon Graham said he was at the jail to
surrender a
client on Friday morning and saw CCA personnel and
paramedics
trying to revive Sturgis. He could tell the situation
was bleak, he
said.
"I've
had clients that have had some trouble dealing
with CCA's
bureaucracy and them getting their medication," Graham
said. "My
experience with that is not some evil intent on the part
of CCA -
it's just dealing with the bureaucracy."
Correction
officers were talking about and showing off
Sturgis'
plight to arriving prisoners, a 24-year-old man who
wished to
remain anonymous told The News Herald on Monday. His
version
backed up those given by others who said they were
present
when Sturgis went into convulsions.
"(The
officer) was telling me I had to see this
messed-up kid here
tonight. He said he ate like 10 Ecstasy pills at one
time," said the
man, who is no longer in custody. He was wary of giving
his name
because of his pending criminal case.
The
man said he was being booked when the guard offered
to
show him Sturgis.
"It
was the worst I've ever seen anybody on that drug
before. He
was all over," the man said. "I told (the guard) if he
ate that
many, you need to take him to the hospital and he was
like, 'Oh,
he's just a drug addict.'
"People
were just looking in there like he was a freak
show. About
an hour or an hour and a half later, no one was looking
at that
room anymore and a CO (corrections officer) came over
and
looked in and (Sturgis) was about dead.
"The
only time people checked on him were when they were
getting checked into the jail. They were showing him
off."
February 18, 2002 AP
Sheriff's deputies
are investigating allegations that staffers at the
privately run Bay County Jail failed to get medical attention quickly enough
for
an inmate who later died.
Justin
Sturgis, 20, who had been charged with driving under the
influence,
died Friday from a rare reaction to a street drug, believed to be Ecstasy,
Dr.
George Tracy said.
The
doctor treated him at Bay Medical Center where he died five hours
after
being booked into the jail. An official cause of death will be made by the
district medical examiner's office following toxicology tests.
Sheriff's
investigator Ken Smiley said his initial investigation of the
death
indicated no criminal wrongdoing.
The
jail is operated by the Corrections Corporation of America of
Nashville,
Tenn. Spokeswoman Louise Green said the company would comment only after it
completes its investigation.
Tracy
said a jail nurse had called the hospital when Sturgis became sick.
The
doctor said he told her to keep monitoring the inmate but that it was
unnecessary to immediately bring him to the emergency room based on her
description of his condition.
Other
prisoners alleged that guards mocked the moaning Sturgis for two
hours
before finally calling an ambulance.
Jessie
Powner, who was in a holding cell, said Sturgis was banging
himself
against a wall, kicking and biting his lip while other inmates yelled for
guards
to get a doctor.
"When
we looked in the window, he was having uncontrolled convulsions,"
Powner
told The News Herald of Panama City for Monday editions. "The guard
was
laughing and said he was going to be all right."
Sturgis'
uncle, Dave Junker, said he was told his nephew had asked for
help
three times.
"We're
very concerned if there was some neglect in the time he could have
went to the emergency room," Junker said.
Smiley
said the remains of a plastic bag were found in Sturgis' stomach
during an autopsy. That indicates he probably swallowed a drug to avoid
having
police find it in his possession when they pulled over his car.
July 10, 2001News Herald
A man accused of escaping from jail officials last month to avoid prison could
have received a harsher sentence Monday, but will still be behind bars until
he's almost 50. According to police, Collier walked out of the Bay County
Courthouse law library and escaped from two jail guards. Investigators
said he asked the guards if he could use the restroom and they allowed him to go
unescorted. The guards, both Corrections Corporation of America employees,
have been released by the company.
June 09, 2001News Herald
A man with an extensive criminal history, and facing another 30 years in prison,
walked out of the Bay County Courthouse on Thursday with a little help from some
friends. Tracy Lashawn Collier, 35, was recaptured near a relative's house
in Callaway Thursday evening. He'd escaped from Bay County Jail guards
about 3:30 p.m. while visiting the law library on the third floor of the
courthouse. Collier has a criminal record that includes rape, escape,
battery, resisting officers, possessing cocaine, passing worthless checks, grand
theft auto and obstructing justice by disguise. While at the law library,
he asked the guards if he could use the restroom and was allowed to go in alone,
the Bay County Sheriff's Office said. When he didn't return after a period
of time, the guards checked on him and discovered he was gone.
April 21, 2001Naples Daily News
An inmate awaiting trial on domestic violence, document forgery and attempted
escape charges hanged himself in his cell at the privately operated Bay County
Jail. Sheriff's deputies said John Alvin Leggett, 38, used a bed sheet for
a noose. His body was discovered Wednesday during a bed check. The
jail is operated by Corrections Corporation of America, of Nashville, Tenn.,
under a contract with the county. The sheriff's office is investigating
the death.
Bradford County Jail
Starke, Florida
TransCor
February 4, 2008 Jacksonville Times-Union
A privately contracted corrections officer is in jail after Bradford County
deputies charged him Friday with having sex with two inmates he was
transporting. Shaun McFadden, 26, was arrested at the Days Inn in Starke after
one of the women escaped from a motel room where she'd been taken and called
police, Bradford County Sheriff Bob Milner said. Both women went to the motel
willingly, but one became fearful and fled, Milner said. McFadden is charged
with two counts of having sex with an inmate in custody. He is being held on
$100,000 bail. Police didn't disclose the women's names. The incident began
after McFadden, an armed officer who works for the national corrections
transport chain Transcor, took four prisoners to the Bradford County jail.
Milner said such prisoners come from different locations and spend time in the
jail until being transported to their final destination. The jail is paid a fee
to house the prisoners. McFadden returned a short time later and told
authorities he needed to take the two women to a local hospital for physicals so
they could be cleared for further transport. McFadden and the women, who were
handcuffed and shackled, then left. A police report said the women and McFadden
had planned the move. The women told police they intended to drink and smoke
with McFadden, while one also planned to escape. The women told police McFadden
had consensual sex with them at the motel on U.S. 301. One of the women said she
became fearful that McFadden might harm her and fled while he was in the shower.
When police arrived, they found McFadden and the other woman still in the room.
The women were neither restrained nor injured when police found them. One was to
be taken to Brevard County, while the other was headed for Atlanta. Milner
didn't know what the women were being held for, but they weren't charged in the
Bradford incident.
Broward County,
Florida
Wackenhut (Group 4)
November 13, 2008 Miami Herald
The Wackenhut Corp. overbilled Broward County thousands of dollars for
airport security guards, and collected hefty payments for unauthorized overtime
work by library guards, according to a county auditor's report. But those
irregularities could be just the tip of the county's problems with the Palm
Beach Gardens-based security company. County Auditor Evan Lukic also found poor
spending controls at nine county agencies that paid Wackenhut $5.8 million last
year. The County Commission will discuss the report Thursday, as Lukic vowed a
more in-depth look at the billings. 'If we'd found little chance of risk we'd
say, `Case closed,' '' he said. ``This has opened the door to look some more.''
A spokesman for Wackenhut downplayed the auditor's findings, noting that the
amount in question totals less than one percent of the money the company was
paid last year. ''We are pleased and proud of not only our long-term
relationship with Broward County, but also of the high degree of safety and
security we provide to the residents,'' Bruce Rubin said. Rubin said Wackenhut
has worked closely with the county ``to ensure compliance and improve
processes.'' County Administrator Bertha Henry reviewed the report and told
commissioners she agreed with its findings, and had begun implementing fixes.
Broward launched its audit last spring following reports in The Miami Herald
about problems in a Miami-Dade contract involving the company. There, the county
reported that Wackenhut overbilled as much as $6 million over three years for
phantom security guards at county transit stations. Miami-Dade auditor Cathy
Jackson said the company relied on inaccurate and falsified records to try and
cover up the billing. ACCUSATIONS DENIED -- Wackenhut denied the accusations and
supplied the county with paperwork seeking to refute them. Miami-Dade has not
yet responded, and the company continues to supply guards for Metrorail under a
contract that runs through November 2009. Broward signed a three-year security
contract, including two one-year renewal options, with Wackenhut in June 2005.
In the first three years, the firm was paid $14.9 million. Lukic's audit found
that most county agencies doing business with Wackenhut failed to review and
validate daily entries on security logs that documented hours worked by guards.
Also, they didn't compare the hours Wackenhut billed with the hours reported on
the security logs. Likewise, little checking was done to ensure that some highly
qualified guards Wackenhut billed the county for actually carried those special
qualifications. AVIATION DEPARTMENT -- The one department that did check:
Broward County Aviation, where officials said Wackenhut overbilled nearly
$19,000. Those overcharges were recovered last year, the audit said. In
contrast, the report said, the library division paid Wackenhut overtime for 14
branch guards even though OT wasn't properly pre-authorized or substantiated by
payroll records. In one week alone in September 2007, the auditor found 233
hours of unauthorized overtime costing $1,655.
November 11, 2008 South Florida Business Journal
Broward County auditors are raising red flags over how county agencies kept tabs
on nearly $6 million in billings by Wackenhut Corp. for security services last
year. In a report to be presented to county commissioners on Wednesday, county
auditors noted several problems with the way Wackenhut invoices have been
processed. Specifically, the report noted that county personnel were not
reviewing and validating daily entries on security logs that document hours
worked by guards. The audit also found that there was no evidence that hours
billed were hours actually worked. County Auditor Evan A. Lukic said the
decision to review the county’s oversight of Wackenhut grew out of news reports
earlier this year that alleged the Palm Beach Gardens-based security company was
overbilling Miami-Dade County for services that were not performed. “We were
concerned about the allegations we heard and whether we were possibly
experiencing the same thing here,” he said. “We wanted to look at it from how
are we controlling the contract and administering it.” At this point in the
auditing process, Lukic said, there was no evidence Wackenhut engaged in any
wrongdoing. However, based on the audit’s findings Lukic said his department
will take a closer look at payments to “make sure that guards who we are paying
for are present.” In June 2005, Broward County entered into a three-year
agreement with Wackenhut to provide security services. Payments for fiscal years
2005, 2006 and 2007 totaled more than $14.8 million. In fiscal 2007, Broward
County’s Aviation Department topped the list with $2.1 million in security
services billings by Wackenhut. The county’s facilities maintenance division
paid out $1.66 million to Wackenhut, and the county’s library division was
billed nearly $633,000. The report found that during a one-week period, the
libraries division paid 233 hours of overtime for security guards and found no
evidence that Wackenhut provided the required written notification and payroll
documentation to substantiate the overtime payments. When queried by the South
Florida Business Journal about the auditor's findings, Wackenhut issued the
following statement: "We've worked closely with facilities management through
the audit department to insure compliance and to improve our processes."
Questions also have been raised about matching guard qualifications to pay
rates. In some instances, the audit raised concerns about guards with lesser
qualifications billing at a higher rate, resulting in overcharges. In an Aug. 22
letter, Broward’s director of the facilities maintenance division advised
Wackenhut President Drew Levine that he would now require the company to provide
documentation that links guards’ qualifications with their job classifications.
In the meantime, Lukic is asking the Broward County Commission to direct the
county administrator to come up with procedures to ensure that billings are
validated, that the guards’ qualifications match their job descriptions and that
overtime charges are substantiated. In May, a Miami-Dade County audit found that
Wackenhut overbilled the county by as much as $6 million over three years for
services it did not provide to Miami-Dade Transit, and then falsified records to
cover up the over charges. In its response to that audit, which Wackenhut
published on its Web site, the company said it has cooperated with the county’s
investigation, but “continues to question the audit methodology.” Wackenhut said
a lawsuit by a former guard, who accused the company of padding its bills, has
caused the increased scrutiny. “It is Wackenhut’s belief that county entities …
have been placed under undue pressure and influence by unsubstantiated
allegations in this ongoing disputed litigation,” it stated. Miami-Dade
continues to review Wackenhut’s response to determine what actions should be
taken, county spokeswoman Suzy Trutie said.
Broward
County Detention Center
Ft. Lauderdale, Florida
Armor Correctional Health Services (formerly
run by Wexford Health Services and PHS)
December 1, 2008 Sun-Sentinel
The Broward Sheriff's Office and its prison healthcare contractor have
resolved two federal lawsuits brought by former inmates who said they were
denied HIV drugs during their incarceration. An attorney for Richard Hardwick,
53, and Kevin Sauve, 38, would not disclose the terms of the settlement Monday,
saying his clients were bound by a confidentiality agreement. Notices of the
settlement were filed last week in federal court. Hardwick and Sauve, both
HIV-positive, spent time in Broward jails in 2007. The men accused the Sheriff's
Office and Armor Correctional Health Services of showing "callous indifference"
by refusing for months to give them antiretroviral drugs. Defense attorneys
responded in court filings that it would have been irresponsible to start the
men on medication without assurance they would stick with the treatment once
released. Both Hardwick and Sauve had drug abuse and mental health problems that
made them bad candidates for the drugs, the attorneys said. Hardwick and Sauve
reached settlement agreements directly with Armor Correctional and will dismiss
their claims against the Sheriff's Office, said Jim Leljedal, an agency
spokesman. Yeleny Suarez, a spokeswoman for Armor Correctional, would not
discuss the terms of the deal. The firm works "tirelessly to meet the often
extensive and complicated health needs of incarcerated persons," Suarez said.
Settlement agreements must be approved by the presiding judge in each case.
November 27, 2007 South Florida Sun-Sentinel
During the three months he spent in a Broward County jail, Kevin Sauve made
request after request for HIV medication. Not one was granted, according to a
lawsuit recently filed in Fort Lauderdale federal court. In one of his more
desperate written appeals, Sauve, 36, described piercing ear pain, night sweats
and rapid weight loss. In another, the Fort Lauderdale college admissions
officer asked to be tested for pneumonia, a potentially fatal condition for
patients with HIV/AIDS. "I was freaking out," Sauve recalled. "I really thought
I was left in there to die." Ultimately, the Broward judge presiding over
Sauve's criminal case, involving charges of illegally selling pain pills, took
the extraordinary step of ordering his release so he could seek medical
treatment from his own physician. Sauve's federal lawsuit is one of two recent
actions accusing the Broward Sheriff's Office and prison health-care contractor
Armor Correctional Health Services of delaying the treatment of HIV-positive
inmates. While such complaints are not new, the federal cases advance an effort
by area lawyers and HIV advocates to change a system they say puts cost savings
above the welfare of seriously ill inmates, whose health could deteriorate
quickly without proper treatment. "In this day and age, when we know so much
about HIV and how to treat it, this is just unacceptable," said Greg Lauer, a
Fort Lauderdale lawyer who represents Sauve. Lauer and attorney Dion Cassata
filed a similar suit in September on behalf of Richard Hardwick, 52, of
Deerfield Beach, and are investigating several additional cases. Officials with
Sheriff's Office and Armor rebuff the charges, saying their system for treating
inmates with HIV/AIDS works well and is a model for other prison systems. "It's
sometimes a difficult process, but obviously very necessary to make sure we have
a continuum of care," said Karen Davies, who oversees the Broward jail contract
for Armor. To be effective, HIV medication must be taken at precise intervals.
Patients who miss even a few doses may become resistant to their drugs and
require expensive blood tests to find a new combination. Addressing the issue at
a Nov. 15 forum at the Gay and Lesbian Community Center, Davies said Armor
starts HIV treatment immediately for inmates who know which drugs they're
taking. When inmates can't identify their medications, Armor seeks medical
records from physicians and pharmacies, she said. "One of the issues we have
difficulty with, frankly, is getting information back from community providers,"
Davies said. But anecdotal reports from attorneys and former inmates tell a more
complex story. In the last year and a half, the Broward Public Defender's Office
has filed complaints with Armor Correctional on behalf of 30 inmates regarding
improper HIV/AIDS treatment, said Shane Gunderson, client services director for
the office. On Oct. 30, Gunderson sent the list to the Sheriff's Office. Broward
Public Defender Howard Finkelstein called the issue a grave concern. "The reason
this became of paramount importance to us is the very nature of treatment for
HIV/AIDS requires that the treatment regimen be tight, be consistent, and be
regular," Finkelstein said. "When medications are altered or delayed, it creates
the possibility that very bad medical things can happen, even death." For his
part, Sauve insists he informed medical personnel of his drug regimen May 1, the
day he was arrested on a charge of trafficking oxycodone. "I knew exactly what
meds I was on," Sauve said. "I told them what they were. I spelled them. I even
pointed to them on the wall." Sauve, who pleaded not guilty to the drug
trafficking charge, said jail doctors did not agree with the pills his outside
physician prescribed and refused to order them. On July 31, Broward Circuit
Judge Cynthia Imperato reduced Sauve's bond from $500,000 to $0 so he could
pursue treatment on his own. His T-cell count, a measure of immune strength, had
dropped from an already low 169 to 27, Sauve said. Eight days later, Broward
Circuit Judge Marc Gold released Hardwick after a hearing revealed he had gone
four months without HIV medication. Hardwick, who is charged with driving with a
revoked license and multiple counts of obtaining a controlled substance by
fraud, informed prison officials he needed HIV medication within two days of his
arrest, according to his federal lawsuit. He pleaded not guilty to the criminal
charges. Lauer, a former state prosecutor, and Cassata, who specializes in
employment law, said they think the Sheriff's Office and Armor systematically
deny treatment to HIV-positive inmates as a cost-cutting measure. With many
inmates quickly posting bond and leaving the jail system, medical personnel
simply wait to order expensive treatment and tests, they said. "The problem is
they don't have any way to tell who's going to be a long-term resident," Lauer
said. "They have a blanket policy to keep their fingers crossed and hope these
people are no longer their problem." Roughly 68,000 inmates pass annually
through the Broward jail system, with an estimated 3 percent of the group having
contracted HIV/AIDS. The Sheriff's Office has a $20 million annual contract with
Armor to provide health-care services. According to Davies, Armor recently hired
an HIV/AIDS specialist to work in the Broward jail system. Previously, Broward
medical personnel consulted with a Tampa-based specialist. Daniel Losey, an
attorney for Armor, defended the company. He declined to speak about specific
cases because of patient privacy rights and the pending litigation.
August 21, 2007 South Florida Sun-Sentinel
Some HIV-positive jail inmates in Broward and Palm Beach counties needlessly go
for weeks or even months without getting any HIV/AIDS drugs, defense attorneys
and advocates said. But jail health officials sharply denied the charge. Because
HIV drugs must be taken like clockwork to control the virus, inmates who miss
repeated doses face greater risks that the drugs will stop working, raising the
chance they could spread a hardier virus in and out of jail, HIV specialists
said. The alleged delays also led some inmates to develop full-blown AIDS,
attorneys said. Dr. Ron Shansky, who is on the board of the National Commission
on Correctional Healthcare, which accredits lockups including Broward and Palm
Beach, said jails should take only a few days to put HIV-positive inmates on the
drugs they were taking when they were arrested. "Delaying the delivery of
ongoing HIV medication is completely unacceptable," Shansky said. "If this is
occurring on a regular basis, they need to fix that." The elected sheriffs who
run jails in both counties have hired Miami company Armor Correctional Health
Services to treat the 120,000 inmates incarcerated each year — 3 percent of whom
have HIV/AIDS. The firm collects $38 million a year from those contracts.
Armor's medical director insisted inmates get drugs immediately unless there's a
good reason: Some have special problems, refused treatment, will not cooperate
or must be retested because they previously stopped taking medicine. He accused
public defenders of hyping drug delays in order to get clients released from
jail, a charge the attorneys denied. "I'm really hurt by this," said Dr. John
May, who oversees jail care in eight Florida counties where Armor has contracts.
"Our policy is to continue their medications without interruption whenever
possible, and we do that. Anyone can always do better but I don't think there's
a problem." Spokesmen for the Broward and Palm Beach sheriffs said they have
heard few if any complaints about jail health care. They referred further
questions to Armor. But inmate advocates contend excessive drug delays in jails
have been a persistent problem nationally and locally, often when jails try to
trim health costs. Modern drugs can almost wipe out HIV from the body, but
studies show the virus begins to grow resistant to drugs if the person does not
take 90 to 95 percent of doses on time, or no more than a few missed doses per
month. "For people on the cusp [of AIDS], a delay of more than a few days may
push them into illness," said Dr. Larry Bush, an HIV specialist in Atlantis in
central Palm Beach County. In Broward, public defenders said least 15 HIV
inmates lodged complaints this year about drug delays despite requests to jail
staff, and said more may be affected. Since July 1, judges have released four
who had waited as long as four months, criminal case records showed. "People
just fall through the cracks," said Shane Gunderson, client services director
for the public defender's office. In Palm Beach County, attorneys and other
advocates said they had heard few complaints, but the director of a church-based
program aiding newly released inmates said she regularly sees inmates who waited
weeks for HIV drugs. Sandra White, director of United Deliverance Community
Resource Center, said the delays seemed to be for bona fide reasons. Kevin Sauve,
36, a Fort Lauderdale college admissions officer, said he went more than three
months in Broward County jails without HIV drugs after his May 1 arrest for
dealing pain pills. The jail, as is policy, would not let him bring his medicine
from home, and he said jail doctors did not agree with the pills his physician
prescribed, ordering more tests. Jail records show he filed a dozen requests for
medications over the months. Eventually, Sauve said he developed fungus, ear
infections and fevers while progressing to AIDS. "They just wanted to give me
drugs I'm already resistant to. I can't take those," Sauve said, who was
released July 27 to be treated outside the jail. "Everybody seemed very confused
about what to do." Armor cannot discuss Sauve's case or others because of
confidentiality rules, May said. But he insisted that as long as newly jailed
inmates can name their drugs and the treatment makes sense, they get pills on
the spot. If they can't, the jail calls their doctor or pharmacy to find out, he
said. If the inmate has stopped taking drugs, May said the jail must delay to do
blood tests before resuming medication. Public defenders cited problem cases:
•Richard Hardwick, 52, of Deerfield Beach, waited four months for drugs after
being arrested March 26 on illegal drug and driving charges. He now has AIDS.
•Kevin L. Davis, 33, of Deerfield Beach, waited a month after being arrested
June 7 for repeatedly driving with a revoked license and expired tag. He now has
AIDS. •Joann Marie Christian, 41, of Pompano Beach, has been waiting for HIV
medications since her arrest on July 3 for a probation violation. The law does
not dictate how much health care jails must provide, only that they cannot
intentionally neglect a serious illness, said Dr. Ann Spaulding, a corrections
health expert at Emory University. George Castrotaro, a Legal Aid attorney in
Broward, said he has complained to Armor, the Broward County Health Department
and others about the delays and may file suit. Lisa Agate, the Health
Department's HIV/AIDS director, said she was shocked by the complaints and plans
to raise them Tuesday at a meeting of a Broward County jail health committee.
"If it's happening, it needs to be corrected," Agate said.
November 15, 2005 Miami Herald
A year ago, Coconut Creek-based Armor Correctional Health Services was an
upstart in the business of providing healthcare for jail inmates. The company
had formidable political connections but no track record, no active contracts
and not a dollar in sales. But Armor, owned by Miami physician Dr. Jose Armas,
has bulked up fast. Today, with behind-the-scenes help from several current and
former Florida sheriffs, Armor has signed multiyear contracts with Broward,
Brevard and Hillsborough counties worth about $221 million over five years. A
fourth contract, with Martin County, is being finalized. County sheriffs do
their own hiring and set the rules that competing bidders must follow. In
Broward and Brevard, rules were changed in advance of bids in ways that helped
Armor qualify for contracts. And in Hillsborough, Armor's bid was millions of
dollars higher than three others. It got a boost from a late decision to
eliminate price as a consideration. Two sheriffs who bypassed Armor said fellow
sheriffs have called them and plugged the company. They identified those
sheriffs as Ken Jenne of Broward, Ric Bradshaw of Palm Beach and J.R. ''Jack''
Parker of Brevard. Ex-Hillsborough Sheriff Cal Henderson told The Herald that
Armor hired him as a ''consultant'' shortly after he left office in January. His
duties, he said, have included lobbying sheriffs in at least six counties --
Marion, Collier, Sarasota, Manatee, Leon and Lee -- where healthcare contracts
were pending or anticipated. Florida law generally allows public officials to
lobby agencies other than their own. But behind-the-scenes lobbying by sheriffs
raises ethical questions, a University of Miami ethicist said. ''The use of
surreptitious lobbying that is unknown to the public and unregulated by the
public seems to be both unwise and arguably wrong,'' said Anthony Alfieri,
director of UM's Center for Ethics and Public Service. Three sheriff's offices
changed bid specifications for prison healthcare service contracts in ways that
helped Armor win. o In Broward, BSO opened the door for Armor during the bid
process by dropping its requirement that companies have experience providing
healthcare to inmates. Armor had no experience, and was just three months old,
when Jenne awarded the company its first $127 million contract in October 2004
to provide healthcare services to Broward's 5,000 inmates during the next five
years. And Armor is owned by Armas, who, through his companies and associates,
has been a major contributor to Jenne's reelection campaign. o In Brevard, Armor
won a five-year, $19.9 million contract from Sheriff Parker in May, after
Parker's office slightly altered the wording in bid specifications about
corporate experience. The changes allowed fledgling Armor to qualify by giving
it credit for the experience of individual executives. o In Hillsborough, Armor
snagged a three-year, $65 million contract following a decision late in the
process to eliminate price as a consideration in picking a winner. Three
competitors submitted bids that were millions of dollars less than Armor's. The
county's detention chief acknowledged in an interview that the decision was
''unusual,'' but it is not illegal. Two Florida sheriffs who chose not to hire
Armor, St. Lucie's Ken Mascara and Lee's Mike Scott, said other sheriffs
attempted to influence them to hire Armor.
March 22, 2005 Broward Daily Business Review
Broward County Sheriff Ken Jenne privately encouraged the St. Lucie County
sheriff to award the county's jail health care contract to a new Miami company
that also bid for the Broward jail health care contract and was headed by a
major Jenne campaign contributor. Armor Correctional Health Services Inc. had
yet to perform work for anyone when Jenne pitched the company to St. Lucie
Sheriff Ken J. Mascara last year in a personal telephone conversation. Armor CHS
owner Dr. Jose Armas, an entrepreneurial Miami internist - along with his
companies, his partner, and his employees - had pumped thousands of dollars into
Jenne's re-election campaign. In an interview, Mascara said Jenne recommended
Armas' company to him. Mascara said Jenne phoned him and praised Armor
Correctional Health Services, then known as Correctional Health Services,
saying, " 'Listen, you have a bid contract going on for inmate health
services.' I said yes, and he said, 'We just retained a company that we feel is
going to do a good job.' He said he knew the guy running it, and asked if I
would entertain their bid." Jenne acknowledged talking up the company to
Mascara. "We were talking," he said in an interview. "I brought
it up. I don't know if that's a conversation. I told him our people were very
satisfied with them." The two sheriffs said the phone conversation took
place sometime after Oct. 29, the date when the BSO awarded a $127 million,
five-year contract to Armor to provide health care to detainees at Broward's
five jail facilities. By that time, Armor CHS had been eliminated for more than
a month as a qualified bidder for the St. Lucie jail contract. But John deGroot,
executive assistant to BSO's inspector general, provided Broward prosecutors
with written notes of his Nov. 28 meeting with the St. Lucie County detention
director. According to the notes, that official, Maj. Patrick Tighe, told
deGroot that Jenne made the recommendation to Mascara in August - before the BSO
designated a winning proposal and before Armor submitted its bid in St. Lucie.
DeGroot's notes also said that Tighe told him that Aventura-based lobbyist Ron
Book, a Jenne political ally, "visited our purchasing guy several times
trying to talk him into going with [Armor]." DeGroot, citing orders from a
BSO superior, declined to comment. Book could not be reached for comment. But a
St. Lucie sheriff's spokesman confirmed that Book lobbied for Armor in a
conversation with the department's chief financial officer. Armor CHS did not
get the St. Lucie jail contract. A selection committee that included Tighe
promptly tossed out its bid when it was submitted on Sept. 24 because Armor
failed to provide audited financial statements and failed to meet minimum
experience requirements, according to St. Lucie sheriff's spokesman Mark
Weinberg. Jenne's support for Armor CHS could prove problematic for the
embattled sheriff, whose office has been embroiled in a scandal over its alleged
manipulation of crime statistics to make the BSO look more effective at fighting
crime than it really was. Broward State Attorney Michael Satz's office is
investigating that matter. So far, two BSO deputies have been arrested and
charged, and more are under suspicion. Jenne is widely considered Broward's most
powerful elected official. The disclosure of his private lobbying for a company
owned by a major campaign contributor raises questions about the appropriate use
of political office and possible favors for political allies. If it turns out
that Jenne recommended Armor CHS to Sheriff Mascara while BSO was still
evaluating proposals, it would raise questions about the fairness and
impartiality of the bid process in Broward. Dr. Armas and his Coral Gables
attorney, Brent D. Klein, incorporated the Armor CHS on July 19, 2004. Three
days later, the Broward Sheriff's Office issued RFP No. 439002, soliciting
bidders for the job of providing health care to 5,000 prisoners housed at the
county's five detention facilities. The ink was hardly dry on the BSO's jail
health care request for proposal when the sheriff's office recalled it six days
later. On Aug. 10, BSO issued a new RFP that sought bids to provide the same
services. But as the Miami Herald reported, RFP No. 439003 included some
significant changes that opened the door for Armor CHS. For example, BSO's
requirement that bidders have experience "in an institutional or
correctional setting of equal magnitude and complexity" was broadened to
allow for experience in medical facilities only. No longer, then, were bidding
companies required to have experience delivering health care services to
inmates. The selection committee consisted of Broward detention chief Col. James
Wimberly, detention Lt. Col Rick Frey and John Curry, the sheriff's executive
director of administration. Wimberly said Jenne legal adviser Kimberly A.
Kisslan also participated. In an interview, Wimberly said Jenne was not
involved. Wimberly also said that he took the unusual step of recalling the
inmate health care RFP for alteration "simply because we wanted to expand
the pool of applicants." He said the changes were made to recognize that a
company's leadership could be more experienced than a company itself. He said it
was "an oversight" that those changes weren't made before the initial
bid went out. Armor CHS submitted its $127 million proposal to BSO on Sept. 16
along with three other bidders. Neither Armor CHS nor Dr. Armas, the company's
president and chairman, had any experience providing health care to inmates. To
remedy that, Armas sought out instant experience by hiring managers who'd worked
at a troubled industry giant, Brentwood, Tenn.-based Prison Health Services.
That included Armor CHS's current chief executive, Doyle H. Moore, who founded
Prison Health Services. In its proposal to BSO, Armor also cited its affiliation
with Miami-based Medical Care Consortium Inc., Dr. Armas' outpatient health care
services firm. While all this was happening, Armas, his companies and employees
were contributing to Jenne's re-election campaign multiple maximum contributions
of $500 each. Between June 29 and Aug. 5, they gave at least $9,500 - including
$1,500 returned by the campaign as illegal, excessive contributions. Armas has
supported Jenne in earlier races, too. Armas spokeswoman Dana L. Clay said Armas
has backed Jenne politically since Jenne was Senate Democratic leader in
Tallahassee in the mid-1990s. But Jenne only said he's known Armas "for a
couple of years in a business capacity." Armas also retained the sheriff's
good friend and unofficial lobbyist, William D. Rubin. State registration
records show that Rubin and his Fort Lauderdale firm, the Rubin Group, represent
Armas' Sunrise-based South Florida Acute Care LLC. Jenne said in an interview
that Rubin sometimes serves as an unpaid lobbyist for his office. A month later,
despite lower bids from two other companies including incumbent Wexford Health
Services, Armas' company got the nod from the BSO selection committee.
"What made CHS stand out was basically that they were looking to give us
things Wexford wasn't offering," said Wimberly. "We just had a comfort
level with them."
December 10, 2004 Sun-Sentinel
A new health management firm has taken over the care of
the 5,200 inmates in Broward County's jail system after a dispute between the
Sheriff's Office and the previous contractor over medical costs. Armor
Correctional Health Services began work last week under its five-year, $127
million contract even though it did not yet have a license to dispense medicine.
Armor replaced Wexford Health Sources, which first pushed for more money and
then suggested cutting services despite the opening of a new detention center in
the past year. The Sheriff's Office chose Armor over Wexford and two other firms
that bid on the contract even though the Armor had only recently been
incorporated. The company's chief executive officer is Doyle Moore, who
previously founded Prison Health Services -- a longtime player in correctional
health care in South Florida. Col. James Wimberly, who runs the jail system for
Jenne, said the Sheriff's Office decided to put the contract out for bid after
Wexford suggested a 12 percent increase in what it was paid. In the bidding
process, Wexford's proposal was $300,000 less than that of Armor but would have
cut eight positions from the jail system's medical staff.
December 4, 2004 Miami Herald
Three days after Correctional Health Services was formed,
the Broward Sheriff's Office sought bids to provide medical care to 5,000
inmates at the county Jail. Only companies with longstanding experience at large
jails or prisons need apply, officials wrote in a request for proposals. But a
week later, on July 28, BSO did an about-face on its requirements. The agency
announced it was tossing out its request for bids. And when a new request for
proposals was issued Aug. 10, one requirement had been dropped: bidders no
longer needed to have experience providing healthcare to inmates. The new
solicitation left the door open for Correctional Health to bid, and the newly
formed company was awarded a $127 million, five-year contract to manage
healthcare at the Broward County Jail. Correctional Health Services (CHS) was
not the lowest of the four bidders for the lucrative contract. Wexford Health
Source, the company that had provided care at the jail for the last three years,
submitted a bid that was $300,000 less, records show. The company's first few
days at the jail already have been rocky. State pharmacy officials said they had
not issued pharmacy licenses when CHS took over management of the jail on
Wednesday, and company employees could not dispense medications until Friday,
when they obtained a temporary license. Attempts to reach Doyle H. Moore, CHS's
chief executive officer, or Jose Armas, CHS president and chairman, were
unsuccessful Friday. Acccording to county Supervisor of Elections records,
businesses owned by Armas, a doctor, contributed $4,250 to Broward Sheriff Ken
Jenne's most recent campaign for reelection. In addition, Armas contributed
another $500 as an individual to Jenne's campaign. The company's chief executive
officer, Doyle Moore, had run into trouble in Broward before, however. At the
1993 federal tax fraud trial of former Port Everglades Commissioner Walter
Browne, Moore -- the founder of a company called Prison Health Services --
testified he funneled money to a Republican power broker and hired lobbyists to
sway then-Sheriff Nick Navarro when he became concerned Prison Health was going
to lose its contract to provide medical care at the Broward jail. Moore
testified with the guarantee his testimony would not be used against him. His
attorney at the time said neither Moore nor the company did anything wrong. In
1985, Palm Beach County jail inmate Mario Abraham died after languishing in his
cell for five days with a broken neck before Prison Health Services employees
treated him. A grand jury at the time called the company's care of the man
``grossly inadequate and incompetent.''
February
16, 2002 AP
A nurse found
56-year-old David A. Taylor
unconscious,
unresponsive and bleeding in his bed Friday
morning, said Jim
Leljedal, a spokesman for the Broward Sheriff's
Office.
Though the cause of death has not yet been
determined, it raised
concerns from inmate medical care advocates about
the quality of
care at Broward's jail.
Wexford
Health Sources, the company the sheriff's
office
contracted with in October to provide health care,
has faced
allegations of mismanagement and shoddy care in
prisons in
several states, The Miami Herald reported in
Saturday editions.
In
Florida, where Wexford provides services to 12
state prisons,
the company was faulted for poor medical care that
may have
contributed to the deaths of two inmates at a Miami
correctional
facility, The Herald reported.
Wexford
also was criticized by mental health
advocates and court
officials in Broward for failing to provide
mentally ill inmates with
their medication upon release from the jail.
"When you contract out to a company, that company
is just
looking to provide services in the cheapest way,"
said Eric
Balaban, a lawyer with the ACLU's National Prison
Project,
which represents prisoners in civil rights
lawsuits.
Broward Transition Center
Pompano Beach, Florida
GEO Group
March 17, 2009 Sun-Sentinel
A doctor says they need medicine to stop the palpitations, shortness of breath
and the cries of drowning shipmates they hear in their nightmares. But in a
federal lawsuit that echoes the complaints of immigrants detained across the
country, two Brazilian migrants held at the Broward Transitional Center say
they're not getting their prescribed medication. "We meet with detainees across
Florida in jails and detention centers and the number-one complaint is the lack
of medical care," said Cheryl Little, executive director of the Florida
Immigration Advocacy Center. Across the country, 90 detainees have died in
custody in the past four years. One was the Rev. Joseph Danticat, who died at
the Krome Detention Center near Miami in 2004 when officials took away
prescribed medication for high blood pressure. In a congressional hearing last
week, the special adviser to the Secretary of Homeland Security said the medical
care provided to many of those who died didn't appear to meet Bureau of
Immigration and Customs Enforcement standards.
March 5, 2009 AP
Two Brazilian migrants have sued U.S. Immigration and Customs Enforcement,
saying they've been denied mental health care for post-traumatic stress disorder
in a South Florida detention facility since their boat ran aground last fall.
Jaime Miranda and Daniel Padilha were diagnosed with the disorder by a private
physician in December but have not been given prescribed medications or
treatments while being held at the Broward Transition Center in Pompano Beach,
according to lawsuits filed Wednesday in Miami federal court. Their confinement
without medical care has aggravated their mental health problems, violates their
Fifth Amendment rights and mirrors persecution in Brazil that they sought to
escape, the lawsuits state. "It would be inappropriate for ICE to comment on
matters pending litigation," spokeswoman Nicole Navas said Thursday. Miranda and
Padilha were both aboard a rusty 40-foot boat that ran aground Oct. 31 near
Virginia Key, a small island east of downtown Miami. The boat had departed days
before from the Dominican Republic, where Miranda and Padilha say traffickers
held them for two months against their will, ordered them to work for the boat
driver and forced them aboard a vessel that wasn't seaworthy. Both men had
arrived in the Dominican Republic after fleeing mistreatment in Brazil; Padilha
is gay, and Miranda's father was murdered. At least six people died after the
boat hit a sandbar. Miranda and Padilha were among five Brazilians and 22
Dominicans detained by ICE. About 10 others were reported missing, but it was
unclear if they drowned or made it ashore and fled. The man who allegedly
piloted the boat faces up to 10 years in prison if convicted of federal human
smuggling charges. Miranda, 27, and Padilha, 24, persistently relive the
accident and have nightmares in which the dead passengers ask them for food and
water, according to the lawsuits. A doctor hired by their families diagnosed
them and prescribed several medications to treat each man's insomnia,
depression, anxiety and psychotic episodes. However, an officer at the center
told Miranda and Padilha's attorney that the men had not been given the drugs
and would need to be moved to another facility to receive treatment, the
lawsuits state. Miranda and Padilha are seeking release or transfer to a
facility that can provide mental health treatment, in addition to damages for
pain and suffering. Each also seeks asylum to escape torture and persecution in
Brazil, where they say they would not have access to psychological services if
deported. Both men say they are eligible for a special visa granted to victims
of certain crimes who cooperate with investigators because they provided U.S.
law enforcement with names and details about the trafficking operation that
brought them from the Dominican Republic to Florida. "The government has further
victimized Miranda and Padilha by keeping them in custody without medical
treatment despite repeated requests that they be released to obtain proper
medical care and treatment," their Boston-based attorney, Jeff Ross, said
Thursday in an e-mail. "The decision to keep Miranda and Padilha detained has
been a discretionary decision and they should have been released by the
government since they were cooperating witnesses in a federal case in Miami."
The lawsuit also names the center's warden and the company that manages its
operations, The GEO Group, as defendants. The GEO Group, which provides
detention management services at the Broward Transition Center under contract
with ICE, does not comment on litigation matters, company spokesman Pablo Paez
said Thursday in an e-mail.
Broward
Work Release Center
Broward County, Florida
Wackenhut Corrections
August 27, 2002 Miami Herald
U.S. immigration officials on Monday began the transfer of more than 50 female
Haitian detainees, who have been living in the Miami-Dade County jail since
December, into the privately run, residential work-release facility in
Broward. Many from the group are seeking asylum, INS spokesman Rodney
Germain said. On Monday, at least 15 women were taken by car to the
Wackenhut Corp.'s work-release facility in Pompano Beach, Germain said.
INS and Wackenhut worked out a contract recently that gives the government
agency 72 beds in the facility. The transfer was welcome news to attorney
Cheryl Little, executive director of the Florida Immigrant Advocacy Center, who
has been fighting for the change. She says she will keep a close eye on
the Broward facility because she says several years ago a group of women alleged
they were being sexually abused by the staff. "I was initially
pleased about the move." she said. "But then it came to my
attention that there were allegations of sexual abuse at the facility.
August 16, 2002 Sun Sentinel
After a battle of more than a year by immigration advocates, dozens of Hatian
women seeking political asylum will be transferred from a maximum security jail
in Miami-Dade County to a facility with a more residential atmosphere in Broward
County, Immigration and Naturalization Service officials said. This week,
officials from the Wackenhut Corrections Corp., which runs the Broward County
Work Release Center in Pompano Beach, told INS that 72 beds would be opened for
the women in the agency's custody. Rodney Germain, an INS spokesman, said
that would mean most of the women in their custody would be moving to the new
facility. The only ones who would not be transferred, are those charged
with felonies. "It's what everybody has been asking for,"
Germain said. "It's a better environment." "This is
clearly a discriminatory policy directed only at Hatians," Little
said. "While the Broward facility is a lot better, we're [still]
calling for their immediate release."
August 16, 2002 Miami Herald
The U.S. Immigration and Naturalization Service has agreed to move more than two
dozen female Hatian asylum seekers held in a Miami-Dade county jail to a
less-restrictive facility in Broward County. The federal agency said
Thursday that it would transfer non criminal female immigrant detainees,
including the Hatian women, after months of pressure from congressional leaders
and human rights watchdogs. The INS will send 62 women at the end of
August to a minimum-security residential center in Pompano Beach, said Rodney
Germain, an INS spokesman. The facility is operated by the Wackenhut
Corporation, which will contract 72 beds to the INS for its female
detainees. The Hatian women have been held in Miami-Dade's Turner Guilford
Knight correctional center since Dec. 3, when their ship, carrying a total of
187 migrants, grounded off Elliot Key. The male migrants were taken to
Krome immigrant detention center in west Miami-Dade. The Bush
administration changed its detention policy on Hatian refugees in December to
discourage a feared mass exodus from the Caribbean nation. Immigration
attorneys sued the government in March, saying the new policy was racially
biased. U.S. District Judge Joan Lenard ruling in favor of the
administration's decision in May. Human rights advocates said the policy
treats Hatians differently than asylum seekers from other countries, who are
generally freed until their asylum requests are granted or denied. Earlier
this month, the INS sent 21 of the Hatian migrants from the Dec. 3 arrival back
to Haiti.
April 18, 2001Sun Sentinel
A Broward Sheriff's detention deputy at the county's work-release center was
suspended and a Wackenhut employee from the same facility was arrested after
detectives said she went shopping with someone else's debit card. The
deputy gave the card to Gail Forrest, a job-verification specialist at the
work-release center in Pompano Beach, because she didn't want to get in
trouble. Forrest, 34, then drove to Linens and things in Lighthouse Point
where she bought a comforter for $190.79. She signed the receipt, and left
the store. She also tried buying $211 worth of merchandise at a Boca Raton
Wal-Mart. When the card was denied; she left the store. Forrest, who a
Wackenhut spokesperson said had worked at the center since February 2000, was
charged with the fraudulent use of a credit card, possession of a lost or stolen
credit card and uttering a forged instrument.
Charlotte
County Jail
Punta Gorda, Florida
Prison Health Services
April 11, 2006 NBC2
A former Charlotte County inmate is demanding answers after two nurses at
the Charlotte County Jail took drugs out of a bio-hazard trash bin and injected
him with the drugs. William Parbus, a diabetic, was given a shot of insulin that
could have cost him his life. The nurses have since been fired. Parbus is now
out of jail. He was serving 15 days for driving with a suspended license. He may
be out of jail, but he's a prisoner to fear. "I don't want to be with my wife. I
kind of miss it already. Five months to go," said Parbus. Doctors told him HIV
or hepatitis may be lurking in his system, but won't know for certain for six
months. The concerns come after Parbus, a diabetic, was injected with outdated
insulin from a bio-hazard trash bin while he was an inmate at the Charlotte
County Jail. "I was outraged. For what reason could this person do this to me?
What reason in the world? She's out of insulin, fine. I'm out of insulin," said
Parbus. The two nurses worked for Prison Health Systems, an outside contractor
hired by the jail. They said the nurses responsible were immediately fired. PHS
officials and jail commanders alerted Parbus that his health could be at risk.
"It's not anything we want to tell anybody. We had to be up front with it. Told
him what happened and told him what we would do to rectify the situation," said
Lieutenant Daniel Kacynski, Jail Support Commander. PHS told Parbus to send them
his medical bills and they might pay them. But Parbus says that's not enough. "I
think there should be an investigation. They just fired these ladies. Are they
licensed nurses? Are they going to get a job at a hospital down the road? Is
this going to happen again if they don't feel like going down the road for
insulin?" said Parbus. Parbus claims he won't give up until he gets some
answers. Until then, his thought will be on his health. Parbus says he is
looking for an attorney. He says he wants to make sure this doesn't happen to
anyone else. PHS commented about potentially paying Parbus' medical bills
through a statement they released through jail supervisors. We tried to reach
the two nurses who were fired. Sheryl Staples declined to comment. Karen Helmick
has not returned our call.
April 5, 2006 Herald Tribune
Two nurses charged with the care of inmates in the county jail were fired
for giving an inmate expired medication taken from a biohazard disposal box.
Karen Helmick and Sheryl Staples were both registered nurses with Prison Health
Services Inc., the agency contracted to care for inmates' medical needs. They
were fired March 14. "Unfortunately, it happened," said Linda Antuono, PHS
health service administrator. "It was rectified immediately." A PHS doctor
checked on the inmate the day after the incident, explained the risk factors to
him and ordered testing for HIV and hepatitis, according to the incident report
Antuono filed with the Sheriff's Office. According to the report, another nurse
saw Helmick break open a sharps container -- a box used to dispose of glass
medicine vials and used needles -- and remove a vial of expired drugs. Helmick
gave Staples the medicine to administer to the inmate. Staples told authorities
that the nurses had run out of the medication the inmate needed. The nurses
should have called an outside pharmacy to order backup medication, the report
states. "Sheryl stated to me that she did not want to cross Karen," Antuono
wrote in the report. Karen Helmick said that she knew she was in a supervisory
position, which made her responsible for retrieving backup drugs from the
pharmacy, the report states. She told Antuono that "she just did not feel like
driving and getting it," according to the report.
January 5, 2005 Sarasota Herald Tribune
A cook at the county jail was arrested Monday after
she admitted having sex with an inmate in a kitchen closet, sheriff's detectives
said. Victoria Ann Lopo, 46, a private employee on
contract with the Sheriff's Office, said she had sex with 41-year-old Sylvester
Bernard Camon two weeks ago. The arrest is the latest in a
string of misconduct investigations at the jail, where several other employees
have admitted to inappropriate relationships with inmates.
November 22, 2004 AP
A Charlotte County Jail inmate and his nurse girlfriend on
Monday denied charges she smuggled drugs into the facility for him. Ruth E.
Brodis, a nurse at the jail, was arrested Thursday and charged with introducing
contraband into a correctional facility, a felony punishable by up to five years
in prison if convicted. Brodis was working for Prison Health Services, a
contractor which provides medical services to the county. But Brodis said she
suffers from fibromyalgia and the pills found by detectives were hers and not
intended for her fiancee, Tyler Schwartzkopf, who is currently in jail on a
second-degree felony charge of grand theft.
November 20, 2004 Herald Tribune
A private health care nurse at the county jail smuggled
prescription drugs to an inmate she planned to marry, according to the Charlotte
County Sheriff's Office. The nurse, Ruth Ellen Brodis, was arrested Thursday at
the jail when she arrived for her shift, sheriff's Detective Martha Faul said.
The Deep Creek resident is charged with introduction of contraband, a felony.
Brodis
works for Prison Health Services, a Tennessee-based company that provides health
care to inmates in hundreds of jails, prisons and juvenile facilities across the
country.
Citrus
County Detention Center
Lecanto, Florida
CCA
June 16, 2008 ABC Action News
An Inverness attorney plans to sue the company the
runs Citrus county's jail, claiming employees are treating inmates like human
toilets. Attorney Greg Jones has called a news conference today to announce his
suit against "Corrections Corporation of America and their employees regarding
the urination and defecation in the food of a former inmate at the Citrus County
Detention Facility located in Lecanto, Florida." The jail is not run by the
Citrus County sheriff, but by a private company. The attorney did not return
phone calls to ABCActionNews.com requesting information on whether this is an
isolated incident or whether other inmates may be involved.
March 6, 2008 Bay News 9
A former guard is to blame after inmate James Coursey was allowed to walk
out of the Citrus County Detention Facility, according to corrections officials.
"Violation of policy and procedure," said Corrections Corporation of America
spokesperson Julia Swart. "She knew the policy; she knew the procedure."
Corrections Corporation of America is the private company that runs the Citrus
County Detention Facility. They fired the guard because of mistakes the company
said she made. According to CCA the guard allowed Coursey outside into a garbage
port, and then allowed Coursey past the sally port gate to remove pallets.
That's when Coursey made his move down the road. Swart said policy only allows
sentenced misdemeanor inmates outside the fence. "Less risk with someone who is
sentenced doing a minimal amount of jail time," Swart said. But the mistake by
one guard cost the corrections company thousands. CCA has cut a check for
$58,144.92 to cover the costs of the escape. Among the highlights, nearly
$48,000 to the Citrus County Sheriff's Office for personnel and equipment costs
and a little over $100 for food from the Homosassa Auxillary. CCA is also going
to pay for the medical bills of Michael Mokszycki's, who was attacked by Coursey.
"He was like a wild man," Mokszycki said. "Those eyes were a nightmare." As for
Coursey, he's still awaiting trial in the Citrus County Detention Facility. A
new camera has been installed near the sally port and the gates are in the
middle of being retro-fitted so they can only be opened from a control room.
Coursey had been in jail on grand theft and burglary charges.
January 14, 2008 St Petersburg Times
An escaped Citrus County prisoner attacked a homeowner with a hammer Sunday
morning and continued to elude a 100-member search team after nightfall. James
Coursey, 49, was being held on burglary and theft charges when he escaped from
the Citrus County Detention Facility about 3:30 p.m. Friday. Throughout the
weekend, Citrus County sheriff's deputies searched a 2-mile wide area near
Leisure Acres, a subdivision near the jail complex off of County Road 491. They
found no trace of Coursey. A homeowner identified only as a Leisure Acres
resident found Coursey in his shed at 10:40 a.m. Sunday. Startled, Coursey
grabbed a hammer and hit the man on the head before fleeing. The man suffered
minor wounds and was not hospitalized. Citrus County sheriff's spokeswoman
Heather Yates said Coursey fled southward on foot, still armed with the hammer.
More than 100 officers were called in to help with the search. They included
members of Citrus County sheriff's aviation unit aboard helicopters, K-9
deputies, bloodhounds from the Florida Department of Corrections and personnel
from the Florida Highway Patrol and the Florida Fish and Wildlife Conservation
Commission. Citrus County Detention Facility spokeswoman Julia Swart said
Coursey, jailed on charges of grand theft and burglary of an unoccupied
dwelling, was in the Trusty Program and was assigned to work indoors and
outdoors at the 760-bed facility. Yates said that the search was pared back as
darkness approached, but authorities would continue looking throughout the
night. "We want to find this guy and put the community at ease," Yates said.
January 12, 2008 AP
Authorities searched Saturday for an inmate who escaped from a detention
facility in Citrus County. James Coursey, 49, fled the Citrus County Detention
Facility on foot Friday afternoon, sheriff's officials said. After the escape,
schools in the Lecanto area were locked down and deputies stopped cars on roads
to search for Coursey, with no success, officials said. Deputies continued their
search Saturday for Coursey, who was arrested in February on a warrant for grand
theft. While jailed, Coursey was charged with unarmed burglary of unoccupied
structures. By Saturday evening, the intensive ground search had been scaled
down. "We searched grid by grid and he was not there," Citrus County Sheriff's
Office spokeswoman Heather Yates said of the 2-mile radius around the prison.
Some officers will continue searching, but the focus will now be on talking to
Coursey's family members and following leads that come in to the sheriff's
office, Yates said.
July 21, 2007 Citrus Chronicle
Maria Puzino didn’t expect country club conditions during a recent two-week stay
in the Citrus County Detention Facility. But the 46-year-old Inverness woman
didn’t expect the treatment she said she received. Puzino, jailed on charges of
violating probation, said corrections workers withheld her anti-depressant
medication, openly discussed her medical condition with others and repeatedly
harassed her. She said she spent four days on suicide watch because she wasn’t
given her medication. During one of those nights, she said, a corrections
officer gave her specific instructions as to the best way to kill herself.
Puzino detailed the allegations in a letter to the Nashville, Tenn.-based
headquarters of Corrections Corp. of America, the company that operates the
detention facility for Citrus County. CCA is investigating the complaints,
company spokeswoman Julia Swart said. “We take these allegations seriously they
are being thoroughly investigated,” Swart said in a statement. “After the
investigation is complete the findings will be immediately communicated with our
customer.” The “customer,” she said, is the Citrus County government. Swart
declined further comment. Charles Poliseno, Citrus County’s director of public
safety, said he met with CCA officials Wednesday and concluded that nothing
wrong occurred.
June 16, 2007 Ocala Star-Banner
Marion County Sheriff's Office brass say they can continue to staff and
operate the county jail more cheaply than a contracted private firm. At the
request of the County Commission, department officials recently checked with
nearby Hernando and Citrus counties. They both contract with a national firm,
Corrections Corporation of America, or CCA, to run their jails. In a letter to
County Commission Chairman Stan McClain, sheriff's Maj. Paul Laxton said that,
at the rate CCA charges Citrus County, the cost to run the Marion jail would go
from about $25.2 million to $38.3 million. Laxton wrote that the figure did not
reflect the cost for off-site medical expenses for inmates. The county
commissions in Hernando and Citrus counties pay for that as an additional cost,
while the Marion Sheriff's Office includes it in the budget. That cost was
$1.356 million in 2005-06, Laxton wrote. "We are the lowest cost-per-day jail in
any of the counties I know of in Central Florida," Sheriff Ed Dean said. McClain
said there is not a push on the County Commission to privatize the jail. He said
commissioners asked for the cost comparison during a recent planning discussion
as they looked for ways to trim the county budget as property tax reform loomed.
"We had heard other counties were privatizing, but we didn't know what their
cost was," he said. McClain said that, as far as he is concerned, the cost
comparison ended that discussion.
January 11, 2007 Citrus County Chronicle
A civil rights law firm will take over a federal lawsuit accusing guards at
the Citrus County Detention Facility of contaminating former inmates’ food with
human waste. Inverness attorneys Bill Grant and Bo Samargya had been
representing five former inmates in the lawsuit, filed March 10, 2006, in U.S.
District Court for the Middle District of Florida. However, Grant said Wednesday
he will hand the case over to a law firm that specializes in civil rights
lawsuits. He said the “depth” of the case has forced him to get another firm
involved. Grant did not name the law firm, which he said has offices in Tampa
and Orlando, and that he planned to hand the case over soon. “It’s a
document-intensive and time-intensive situation,” he said, adding his law firm
is handling a murder trial in Pennsylvania in March, another one in February, a
“major” civil trial in the summer and other cases. “It’s often so busy here that
to do that one right, we’d have to shut down and do nothing but that case for a
month.” The nine-count lawsuit accuses corrections officers at the county jail
in Lecanto of urinating and defecating into the food and drink of inmates.
Former inmates Javon Walker, Jeffrey Young, Gregory Platt, Larry Robbins and
Matthew Pavlisin were named as plaintiffs in the initial lawsuit. The inmates
accuse former guards of violating their civil rights, including accusations of
torture and cruel punishment. In 2004, all were housed at one point in the
jail’s segregation unit, a wing that houses inmates considered to be a safety
risk. Corrections Corporation of America, the private Tennessee-based company
that operates the jail, is also named in the lawsuit. It’s accused of negligent
hiring and supervision, with Grant previously saying the corporation didn’t
properly investigate the accusations. Two guards and a supervisor were fired
before the Florida Department of Law Enforcement and Citrus County Sheriff’s
Office started an investigation March 21. Before the investigation began, former
guard Kevin Hessler admitted to urinating in an inmate’s juice jug, according to
documents. The FDLE investigation is still ongoing with interviews of witnesses
taking place, spokeswoman Trena Reddick said earlier this week.
December 30, 2006 St Petersburg Times
How did a jail trusty manage to slip away from a work detail this week,
elude a manhunt and get all the way to the east coast? He called his girlfriend.
She drove over and picked him up. They headed out of town. That’s what Santana
Schiedenhelm told investigators after they got caught Thursday. Her boyfriend
wasn’t talking. The escape method, which authorities reported Friday, was one of
the last mysteries left about this case. Jose Felix Malagon-Cervantes, 25, faces
a charge of escaping while in transport or working on roads, a second-degree
felony. An inmate at the Citrus County jail, Malagon-Cervantes worked as a
trusty at the Kensington Fire Station just off State Road 44 and west of
Inverness. Trusties are nonviolent, misdemeanor offenders who are permitted to
work outside the jail, earning as many as 10 days off a sentence each month.
Corrections Corporation of America, a private company that runs the jail,
decides which inmates are considered trustworthy enough to work outside its
gates.
December 29, 2006 St Petersburg Times
Authorities captured the escaped Citrus County inmate at 5 p.m. Thursday,
more than 100 miles from the Kensington Fire Station where he walked off a work
detail the day before. Jose Felix Malagon-Cervantes, 25, faces a charge of
escaping while in transport or working on roads, a second-degree felony. He was
found in Holly Hill, north of Daytona Beach. Also arrested was his 20-year-old
girlfriend, Santana Schiedenhelm, who was charged on an unrelated count of
filing false information to law enforcement.
December 28, 2006 St Petersburg Times
A Citrus County inmate trusted to work outside the barbed wire walls of the
jail remained on the lam Wednesday night after he walked off a job at a fire
station earlier in the day. Authorities launched an aggressive manhunt for Jose
Felix Malagon-Cervantes, 25, in the nearby Withlacoochee State Forest using
helicopters, all-terrain vehicles and canine units but called it off at 6 p.m.
as darkness fell. The search will not resume today because the inmate is not
considered dangerous, said sheriff's spokeswoman Gail Tierney. He will likely
face an escape charge if he turns up. Malagon-Cervantes was labeled a trusty, a
designation awarded to nonviolent offenders who are permitted to work outside
the jail. Trusties can earn up to 10 days off a sentence each month. Malagon-Cervantes
was arrested in August for violating his drug offender probation. His arrest
record includes charges of drug possession and larceny, according to the Florida
Department of Law Enforcement. He was last seen working at the Kensington Fire
Station in central Citrus County when he told his supervisor, a fire-rescue
maintenance official, that he wasn't feeling well. The official, who is trained
in inmate supervision, allowed him to lay down in one of the service vehicles,
said Patty Jefferson, assistant fire chief. When the unnamed official went to
check on him "a short time later," Malagon-Cervantes was gone, Jefferson said.
July 23, 2006 St Petersburg Times
He's been the warden of the Citrus County Detention Facility for five years,
and now Carlos Melendez is getting a promotion. Corrections Corporation of
America, the private company that runs the jail, is promoting Melendez to a
managing director position on the business management team. It's not clear where
he'll work once the promotion goes through, but it won't be in Citrus County.
Officials say it's unknown when a replacement will be found. Until then,
Melendez remains in charge of the jail. The process for finding Melendez's
replacement will begin with CCA, officials said. According to Charles Poliseno,
the director of the county's public safety department, after the company picks a
candidate, local officials - possibly Poliseno or Assistant County Administrator
Tom Dick - will interview that person and present a recommendation to the County
Commission. Commissioners will make the final call, Poliseno said. CCA spokesman
Steve Owen said the company is gathering and evaluating candidates. "We
generally don't want to put a strict time line on this because we want to ensure
we're making the best decisions possible," Owen said. Melendez has presided over
the jail since March 2001. Earlier this year, inmates said guards had been
putting human waste in their food, and several CCA employees were fired.
Melendez previously has said that the inmates never complained of health
problems and that the only evidence came from one of the terminated guard's
statements.
April 16, 2006 St Petersburg Times
In 2003, county commissioners voted unanimously for an $11-million expansion
of the Hernando County Jail. But before they cast their votes, Commissioner
Robert Schenck had one question about the cost: "I was wondering if before we
moved ahead you could do a cost analysis of what it would cost for (Corrections
Corporation of America) to build that and then subsequently lease it back to the
county and what it would cost us on our bond payments with interest and see how
close we are with the numbers," Schenck inquired. The county's purchasing
director, Jim Gantt, said that wasn't an option. CCA doesn't pay for expansions;
it only pays to build new facilities, he explained. And besides, having CCA
finance the expansion would be more expensive because private companies cannot
borrow as cheaply as government, Gantt said. Citrus County had different ideas.
Last fall, the Citrus County Commission voted to let CCA pay for the entire
expansion of its jail. The county will not pay a cent as long as it continues
its day-to-day operational contract with CCA for the next 20 years. "We found
that it actually saves us from having to go out and borrow the money and have to
construct the facility ourselves," Citrus Commissioner Vicki Phillips said.
Fellow Commissioner Joyce Valentino said the benefit was obvious: "We don't have
to use the taxpayers' tax dollars." How could neighboring counties get such
different deals? According to Gantt, CCA never offered to pay for Hernando's
expansion. CCA spokesman Steven Owen could not explain why, except to say that
CCA doesn't take a "cookie cutter approach" to writing contracts. "Why we didn't
offer that instead of this really isn't relevant," he said. The last time
Hernando's contract came up for renewal, at an April 11, 2000, commission
meeting, Commissioner Bobbi Mills said she preferred to renegotiate rather than
rebid, as did Commissioner Pat Novy. They both said that significant research
had been done to convince them that there was no reason to put the contract out
to bid - that they could tell how CCA stacked up to its competitors without
bidding. Commissioner Chris Kingsley also voted in favor of renegotiation rather
than rebidding. "I can't remember the exact reason why," Kingsley said recently.
"I would agree that on most circumstances, you would go out for bid just like we
did for waste hauling. I guess maybe we assumed at the time that the competitors
couldn't have beaten the services we had." Only three commissioners voted on the
contract extension. Commissioners Nancy Robinson and Paul Sullivan were asked by
the county attorney to recuse themselves because Robinson's daughter and
Sullivan's wife were working at the Hernando jail. More than half of the
officers at the Hernando jail are uncertified, working on "temporary employment
authorization" status, which allows them to serve as guards while they go to
school for the state certification. Hernando warden Don Stewart, who took over
in February, said he planned to increase the number of certified officers at the
jail. He said the high percentage of uncertified officers was a result of the
hiring binge needed to keep up with the jail's recent expansion. However,
records show that as far back as March 2000, 41 percent of the jail's guards
were uncertified. Stewart said that he was proud of his staff and that the
distinction between certified and uncertified officers wasn't important. "Are we
in violation of any state statutes?" he asked. But a recent inquiry by the State
Attorney's Office found that the large number of uncertified officers was
"without question a contributing factor to the problems experienced by the
(Hernando) jail." Retired Hernando Sheriff Thomas Mylander, who ran the jail
before CCA took it over in the late 1980s, also criticized the heavy reliance on
uncertified officers. "That's totally unacceptable," he said. "The county is
paying for a service the individuals said they could run correctly for that
amount. . . . I've never heard of any place that had half their employees
uncertified."
April 4, 2006 Citrus County Chronicle
A recent lawsuit filed by four former Citrus County Correctional Facility
inmates alleging prisoner abuse has placed Corrections Corporation of America (CCA),
which operates the facility, in the public spotlight. The lawsuit contends that
at least two corrections officers urinated and defecated in inmates food and
drink several times in late 2004. While CCA has acknowledged that one
corrections officer admitted to spiking inmate juice with human urine on two
occasions, it rebukes the claim of systemic torture and abuse by the plaintiffs
lawyers as pure fabrication and without merit. Whether the claim of systemic
torture and abuse being investigated by the FBI and Florida Department of Law
Enforcement proves to have merit or not, the mere admission that bodily waste
was placed in the juice of inmates resurrects nagging questions about
contracting out jail oversight to a for-profit company. The privatization of
corrections wrongly entrusts that responsibility to the financial expectations
of investors. With government ultimately responsible for both the inmates and
the publics welfare, corrections operations must be publicly open and
accountable. While privatized government services are subject to Florida's
open-records laws, there's a greater tendency for private companies to distance
themselves from public accountability. In the short term, county government
needs to provide more aggressive oversight of CCA. Accordingly, it may want to
consider the example of Hernando County, which last week appointed a former law
enforcement officer to monitor CCA's operation of its correctional facility full
time. In the long term, county government should seriously weigh its core
responsibility for corrections against any promised privatization savings. For
when it comes to the corrections bottom line, privatization is socially and
ethically unacceptable.
March 24, 2006 St Petersburg Times
County Commissioner Vicki Phillips said she has "lost trust" in County
Administrator Richard Wesch over his handling of the allegations of abuse at the
Citrus County jail. "When you lose trust in your administrator and you lose the
confidence in the administrator that he's providing you with all the complete
information that you need on issues, I can't do my job and serve the people of
Citrus County," she said in an interview Thursday afternoon. "So something has
to change." Phillips' remarks came after she sent a memo to Wesch asking who in
county government had been notified of the firing of two corrections officers
and a supervisor at the facility after allegations surfaced that guards had
urinated in inmates' drinks. Phillips said county commissioners were not
notified of the allegations until a federal lawsuit was filed by two local
lawyers on behalf of four men who say they suffered medical problems because of
the contamination. Two other commissioners, Joyce Valentino and Chairman Gary
Bartell, have also expressed concern at Wesch's handling of the matter. Wesch
did not return a message left on his cell phone Thursday afternoon. In the March
10 lawsuit, Javon Walker, Jeffrey Young, Larry Robbins and Greg Platt alleged
that at least two corrections officers urinated and defecated in their food and
drink several times in late 2004. Three former employees at the Citrus jail -
corrections officers Kevin Hessler and Alexander Diaz, as well as a supervisor,
Charles Mulligan - were fired in connection with the drink accusations. On March
20, Wesch responded to Phillips' questions in a memo. He told her that the
private corrections company that runs the jail, the Corrections Corporation of
America, had notified the county's contract monitor of the allegations. No
further action was taken by the county, Wesch wrote, because "there was no
reason for us to suspect that this was more than an alleged, unsubstantiated
isolated report." That's not a good enough answer, Phillips said. In the memo,
Wesch did not say whether he knew about the allegations. Phillips wants to know
if he knew. She wants to know if he told any of the other commissioners and, if
not, why.
March 23, 2006 St Petersburg Times
The president and chief executive of the private company that runs the
Citrus County jail has accused a local law firm of using media coverage to push
for a larger lawsuit settlement. In a March 16 letter to County Administrator
Richard Wesch, Corrections Corporation of America CEO John D. Ferguson said it
was "not appropriate" to defend itself through news conferences and media
statements. He accused Inverness lawyers Bill Grant and Bo Samargya of using the
news media to pressure the company, calling the lawyers' actions "overt efforts
to influence a larger settlement outcome or award through media coverage." Grant
called the statement "asinine." "(CCA's) all over the place," he said. "I just
like sitting around watching them squirm. I can't believe it." The news of the
latest barb between CCA and the lawyers came on the day Grant announced a fifth
plaintiff in a federal suit against the company. Matthew Pavlisin, who was a
teen when he was held at the facility on charges of armed burglary and theft,
was abused at the jail, Grant said. March 10, Grant and Samargya filed a federal
suit against CCA, claiming that four inmates had been forced to drink liquid
contaminated with human urine and eat food that contained fecal matter. Javon
Walker, Jeffrey Young, Larry Robbins and Greg Platt claim that at least two
corrections officers urinated and defecated in their food and drink several
times at the jail in 2004. Grant plans to file an amended complaint, naming
Pavlisin and others, in coming weeks. "(CCA) can cast whatever aspersions they
want," Grant said. "The outcome of this is going to be decided in a federal
courthouse." Grant will also file a wrongful termination suit on behalf of
Charles Mulligan, a supervisor at the facility fired in connection with the
drink accusations, he said. Two former employees at the Citrus jail,
correctional officers Kevin Hessler and Alexander Diaz, were also fired because
of the accusations. Since the lawsuit was filed, both sides have talked with
news reporters about the allegations. Grant says the company knew about the
contamination and failed to do anything, including providing medical testing,
for the inmates. CCA representatives have questioned Grant's motives, suggesting
he's demanding large amounts of money from the company. In the letter to Wesch,
CCA also called the claims of torture and abuse "pure fabrication." Grant said
he doesn't buy it. "I guess p---ing and p---ing in someone's food is not abuse
or torture. ... We've been saying the same thing over time. We're not the ones
scrambling about like a cockroach when the light comes on," he said.
March 22, 2006 St Petersburg Times
The Florida Department of Law Enforcement will lead an investigation into
allegations of wrongdoing at the Citrus County jail. Sheriff's spokeswoman Gail
Tierney said the Citrus County Sheriff's Office and the Federal Bureau of
Investigation will also assist as needed. The decision to start an investigation
came after officials from the Sheriff's Office, the FDLE, the FBI and the State
Attorney's Office discussed allegations of inmate abuse Tuesday afternoon.
Sheriff Jeff Dawsy asked for the FDLE's assistance "to avoid any conflict of
interest," Tierney said, because the Sheriff's Office has such close ties with
the jail. Once the investigation is completed, Tierney said, authorities will
submit findings to the State Attorney's Office for review. "We will absolutely
be cooperating fully with that investigation," said Steve Owen, a spokesman for
Corrections Corporation of America, the private contractor that runs the jail.
He declined to comment further on the allegations or the investigation. Earlier
this month four inmates filed a federal lawsuit against CCA. Javon Walker,
Jeffrey Young, Larry Robbins and Greg Platt alleged that at least two
corrections officers urinated and defecated in their food and drink several
times in late 2004. Three former jail employees - corrections officers Kevin
Hessler and Alexander Diaz as well as a supervisor, Charles Mulligan - were
fired in connection with the drink accusations. In a meeting with reporters last
week, a company spokesman said that if any incident occurred, it was not
indicative of a larger problem at the facility. Attorney Bill Grant, who is
representing the inmates, said Tuesday that he was excited to learn of the FDLE
investigation. "The taxpayers of Citrus County are finally going to find out
what happened at their local county jail," he said. "CCA's been doing nothing
but doublespeak. Well, the doublespeak is over."
March 21, 2006 St Petersburg Times
County commissioners said they weren't notified when allegations of inmate
abuse at the Citrus County jail surfaced in 2004. Now they want to know why. "I
definitely would have liked to have known about it, only because I'm responsible
back to the citizens," County Commission Chairman Gary Bartell said. "When the
issue did come up, I would have liked to have known there was an ongoing
investigation." Bartell was not the only commissioner concerned about why the
board wasn't notified of the allegations. In a memo Wednesday to County
Administrator Richard Wesch, Commissioner Vicki Phillips requested answers to
the who, how and when of the situation. "If the county was notified in December
2004, why was this information not relayed to me and the other commissioners?"
Phillips said. "Or was it relayed to other commissioners?" The commissioners'
concerns came more than a week after four inmates filed a federal lawsuit
against Corrections Corporation of America, a private contractor that runs the
county jail. Javon Walker, Jeffrey Young, Larry Robbins and Greg Platt alleged
that at least two corrections officers urinated and defecated in their food and
drink several times in late 2004. Three former employees at the Citrus jail -
corrections officers Kevin Hessler and Alexander Diaz as well as a supervisor,
Charles Mulligan - were fired in connection with the drink accusations. A
company spokesman met with reporters and county officials last week, saying that
if any incident occurred, it was not indicative of a larger problem at the
facility. Representatives from the FBI, the Florida Department of Law
Enforcement, the State Attorney's Office and the Citrus County Sheriff's Office
were set to meet this afternoon at the sheriff's headquarters in Inverness, said
sheriff's spokeswoman Gail Tierney. Tierney said the officials will meet to
determine whether to investigate and which agency would handle it. Corrections
Corporation of America has said that it told the county about the allegations.
On Monday, spokesman Steve Owen said the company told public safety director
Charles Poliseno about the accusations. Poliseno didn't return a message left at
his office, but county spokeswoman Jessica Lambert confirmed that Poliseno was
notified of the alleged incident in December 2004. "He was notified an incident
had occurred, an investigation was taking place and personnel action would be
taken," she said. The county is searching for documents from that time to see
how and when that notification took place. Poliseno remembered speaking with
someone from the jail about the allegations, Lambert said, but he wasn't sure if
he ever had anything in writing. Typically, if a public safety director has
information for the commissioners, it first goes through the county
administrator, Lambert said. The county administrator did not return a message
left at his office, but an office representative said Wesch planned to release a
memo on the subject today. Whatever happened in 2004, Bartell said he wished
that he would have known about the accusations before the lawsuit was filed.
When accusations of problems at the Hernando County Jail - which is also run by
Corrections Corporation of America - came to light recently, Bartell sent a memo
to Wesch, trying to ensure that the Citrus jail didn't have any problems. The
memo was passed on to the company, Bartell said. "CCA wrote a letter back
assuring there were no problems out here at the Citrus County facility," he
said. Bartell said he was later told that the commissioners weren't notified
because county staffers thought the problem was resolved. "I really don't know
all the circumstances yet, but it's very obvious that it wasn't over," Bartell
said. "I know they're strictly allegations, but it's obvious that there's a
problem that spread wider than just those guards and the inmates ... the proper
way to have handled it was to have notified us."
March 14, 2006 Bay News 9
The controversy surrounds if the commission was aware of the abuse at the
facility. The operators of the CCA detention facility accused of abuse and
torture are promising to fight the charges, even as the list of victims grows
and the county demands answers. For the first time, the Citrus County Commission
has learned about a federal civil lawsuit as attorney Bill Grant shared
information with Bay News 9 and our partner, the Citrus County Chronicle. "Over
a year ago we came to learn that several inmates were being abused and tortured
by being forced to consume bodily waste of another," Grant told the commission
Tuesday. "They couldn't go and say 'No, I want something else to eat' or 'No, I
want something else to drink.' They were housed in a segregation unit, isolated
by the very men and women that tortured them." The question being posed is: were
Citrus County commissioners aware? Grant said he has evidence pointing to a
possible coverup, that when three guards linked to the alleged abuse were fired
in December of 2004, the county wasn't told why they were being fired. "We are
making a formal request of the commission to investigate CCA (Corrections
Corporation of America), either by staff or by independent investigation, and to
conduct a hearing into this matter," Grant said. A spokesperson for the county
commission said they were notified by CCA that guards were being fired. But they
are unsure if a reason was given. Grant talked about the expanding suit. During
a press conference that followed the commission meeting, Grant said the suit is
growing. "We will be adding multiple plaintiffs or multiple victims to our
lawsuit, who are boys under the age of 18," he said. Grant said the problems at
the Citrus County Detention Facility are ongoing. The county commission agreed
during its meeting to investigate the matter further.
March 11, 2006 Citrus Chronicle
Four former inmates of the Citrus County Detention facility in Lecanto are
suing the private company that runs the facility and two former corrections
officers, saying their food was tampered with. In a nine-count federal lawsuit
filed Friday afternoon, the inmates say they were forced to eat food that
contained bodily waste from at least two guards at the jail. The lawsuit claims
the inmates' civil rights were violated, including accusations of torture, by
being forced to eat the tainted food. "They couldn't go and say, 'I want
something else to eat, I want something else to drink.' They couldn't go use the
telephone, they can't scream for help," said Bill Grant, the attorney who filed
the lawsuit. "Because their assailants were the same ones charged for their
protection, and they violated that in the most obscene and disgusting way." The
complaint was electronically filed with the U.S. District Court for the Middle
District of Florida in Tampa. At their Inverness office, Grant and his partner,
Bo Samargya, said there will likely be more victims named in the case, and they
are seeking punitive damages. "They had been getting very sick," Grant said of
inmates eating the food. The lawsuit accuses former corrections officers Kevin
Hessler and Alexander Diaz of urinating and defecating in food and drink given
to Javon Walker, Jeffrey Young, Larry Robbins and Greg Platt, all former inmates
housed in the jail's segregation unit. The unit — separate from other inmates —
is for those considered a safety risk to themselves or staff. The lawsuit says
the incidents occurred on several occasions between Nov. 1 and Dec. 31, 2004.
The complaint accuses the former guards of cruel punishment, torture and
battery. Corrections Corporation of America, the jail's operator, is also named
in the lawsuit and is charged with negligent hiring. The lawsuit says CCA was
aware of the accusations but allowed the guards to continue working in the
segregation unit. The lawsuit centers on a Feb. 16, 2005, telephone hearing
between a former jail employee and the Office of Employment Appeals in
Tallahassee. Charles Mulligan, a former supervisor at the facility, was fired
Dec 3, 2004, for a "violation of company policies and procedures," according to
a termination notice. At the hearing, Carlos Melendez, the jail's warden, said
Mulligan was fired after a subordinate told him he put human waste in an
inmate's juice jug, and that Mulligan didn't report it. Melendez testified
Mulligan and the subordinate, who he identified as Hessler, were fired. He also
said he learned Diaz acknowledged doing the same thing, though he denied it when
confronted by Melendez. Grant, who was at the hearing representing Mulligan,
asked if Melendez notified law enforcement or asked to have the incidents
investigated. "No we have not," Melendez replied, according to a hearing
transcript. Meanwhile, Grant is asking for an investigation into the jail, and
points at other incidents in surrounding counties at CCA-operated jails,
including suicides. Samargya said charges should be filed in this case. "These
are crimes," he said. "If the inmate would have done something like this to the
(Corrections Officer), he would have been arrested. A report would have been
made." Several agencies, including the FBI, U.S. Attorney and State Attorney's
office, were notified, Grant said. He believes the inmates deserve "a battery of
tests," because they could have been exposed to disease. Grant said many had
complained their food had a bad taste and odor, and they suffered vomiting,
stomach cramps and nausea. The lawsuit says the inmates suffered "injury, pain
and emotional distress." Grant also said at least one inmate has been "fairly
sick" since. He said he and Samargya will not agree to any settlement in the
case, and want the lawsuit to be heard by a jury. Along with using Mulligan as a
witness in the case, Grant also expects other guards to be named later in the
lawsuit, some who, he says, still work at the jail. "Let's start an
investigation, and let's get these people out, that are doing this, out of
jail," he said. "Or put them back in it, only this time, in orange."
September 20, 2005 Citrus Times
Citrus County commissioners this week were too quick to jump on the "build
it and we'll fill it" bandwagon at the county jail. The board agreed to
double the size of the jail in Lecanto and passed on the chance to explore
several relevant issues. Their focus on Tuesday seemed to be only on the
bottom-line question of who will pay for the construction. With the company that
operates the jail under county contract, Corrections Corporation of America,
agreeing to pay for the renovations and expansion, the commissioners quickly
moved on. The agency reported in June that Citrus County experienced a 5.6
percent drop in its overall crime rate and 7.5 percent reduction in the violent
crime rate in 2004. This mirrored a statewide trend that has seen serious crime
in Florida fall for 13 consecutive years. The crime rate in Florida, in fact, is
at its lowest in 34 years. However, the commissioners should have asked for some
explanation for why Citrus needs to double the size of its jail if crime is
falling. Part of that answer may be in the arrangement that the county has with
CCA. Citrus taxpayers give CCA $52.64 to house an inmate for one day, a figure
that will rise under the newly approved 10-year contract to $54.74. The extra
space in the jail is used to house federal prisoners for the U.S. Marshals
Service at a higher rate. Having extra room for these expensive inmates
translates into more money for the for-profit company. While it is true that CCA
will pick up the costs of the $18.5-million jail expansion and renovation, there
will be indirect costs to the local taxpayers beyond the additional $2 a day
they will pay to house each inmate. Traffic to the facility will increase, for
example, leading to more strain on already congested roadways. Judicial and law
enforcement costs will rise as well. The most troubling oversight, however, was
the lack of any discussion about alternatives to incarceration.
October 29, 2004 St Petersburg Times
A former Citrus County jail inmate has filed suit against the Corrections
Corporation of America - the private company that runs the jail - and a
jail-contracted doctor, claiming the doctor and company were negligent in caring
for him. Martin T. Cahill, 42, names Dr. C. Billiston Clarke and the Corrections
Corporation of America, known as CCA, as defendants in a medical malpractice
suit, according to court documents. Cahill alleges that Clarke, a doctor who
works under contract with CCA, didn't give Cahill proper care when Cahill
suffered severe heart problems. While in jail from Oct.
10, 2002, to March 4, 2003, Cahill suffered several medical problems, including
cardiac failure that required emergency medical treatment, according to the
suit. Cahill was admitted to the emergency room at Citrus Memorial Hospital on
March 4, 2003. He was hooked to a ventilator. The next day he was formally
released from jail. Cahill then was transported to an Ocala hospital, where he
rang up a medical bill of $152,973. This is not the first
suit filed in regard to Cahill's health problems while in jail. On June 27,
2003, Munroe Regional Medical Center in Ocala filed suit against Citrus County
and CCA regarding Cahill's medical bills. The suit alleged the county
deliberately released Cahill from jail so it could avoid paying for Cahill's
medical expenses. Under state law, the county government is required to pay
medical expenses for inmates if the inmate, the inmate's family or an insurance
provider cannot afford to pay. The Tampa law firm handling the suit for the
county said the hospital failed to show Cahill was an inmate when he was
admitted to the hospital. CCA said no agreement existed between CCA and the
hospital to pay Cahill's bills. That suit has not been resolved.
December 15, 2003 St Petersburg
Times
Claudette Mills understands. There are laws and regulations, all
well-intentioned, that are designed to keep a person's health information
private. But that understanding didn't provide much comfort this past
weekend, when she and her family were worried about her mother. Miss
Mills, 30, of Hernando, received a telephone call Saturday afternoon from an
inmate at the Citrus County jail. The caller, who was the cellmate of Miss
Mills' mother, had disturbing news: Your mother has fallen ill. Linda
Butts, 53, apparently was having health problems related to her kidneys and
liver; she had experienced such troubles in the past. Butts is serving an
11-month sentence for violating the requirements of a probation term she was
serving for a drunken driving case. Miss Mills said she called the jail
and didn't get much information, only that her mother was receiving medical
attention on the premises. Then she received another call Sunday evening
from her mother's cellmate. This time the news was even worse: Your mother is
being taken to Citrus Memorial Hospital. Miss Mills said she called the
jail, which confirmed that her mother was being taken to the hospital. It didn't
provide any other information. Miss Mills went to the hospital, but the
guard assigned to her mother's room wouldn't allow a visit. On Monday,
jail officials allowed a one-hour visit. And on Wednesday, after her condition
improved, Butts was taken back to the jail. "All weekend we went
through hell ... wondering what was wrong with her," Miss Mills said during
a telephone interview Thursday. Worrying along with her was her fiance, Richie
Smith, and her two sons, ages 7 and 9. Julia Swart is a spokeswoman for
Corrections Corporation of America, the private company that operates the jail
on the county's behalf. She said jail policy is to contact an inmate's relative
in such cases only if the medical problem is life-threatening, or if such
contact is requested by medical professionals or the hospital.
August 29, 2003 St Petersburg
Times
The story was supposed to go like this: James Utsey, charged in the December
2000 fatal shooting of his mother, was to be tried in a Hernando County
courtroom beginning Aug. 18. The trial was expected to last a week. If a
jury found him guilty of first-degree murder, prosecutors were seeking the death
penalty. If not, he could have been a free man. Things didn't go quite
that smoothly. Plans snagged somewhere along Utsey's transfer from the
Citrus County jail to the jail in Hernando County. His prescribed
psychotropic medication didn't make the journey, meaning he didn't take the
pills for about four days. The trial was postponed. Circuit Judge Ric A.
Howard was mad. Now, presumably to make amends for the delay, the private
company that runs the county's jail has agreed to cover the county's tab for the
remainder of Utsey's stay at the facility. In a brief memo dated Aug. 20,
jail warden Carlos Melendez informed Public Safety director Charles Poliseno
that Corrections Corporation of America will cover the county's bill for Utsey
from Aug. 19 until whenever the trial begins.
August 18, 2003 St Petersburg
Times
Citrus County has asked a judge to dismiss a lawsuit filed against it by an
Ocala hospital regarding the medical bill of a former jail inmate. The
suit alleges that the county deliberately released the inmate, Martin Cahill,
from jail to avoid paying for the services he would receive at Munroe Regional
Medical Center. In March, Cahill was in the Citrus County jail awaiting
disposition of a criminal case. He faced charges of making false 911 calls,
resisting arrest and threatening police officers and firefighters. Court
records show a judge released Cahill from custody on March 5 at the request of
the State Attorney's Office and his attorney, Roy Stevenson, an assistant public
defender. That was one day after he was taken from the jail to Citrus Memorial
Hospital, but one day before he would be taken from Citrus Memorial to Munroe
for more extensive care. Cahill's bill at Munroe: $152,973. State
law says county government must pay for inmates' medical care if, as is usually
the case, the inmate cannot afford to do so. But Patrick Burson, a Tampa
attorney representing the county in this case, argued in an Aug. 4 motion that
Munroe Regional has failed to show that Cahill was an inmate when he was
admitted March 6. Munroe "does not have standing to pursue unpaid
medical bills incurred by Martin Cahill," wrote Burson, an attorney with
the law firm Fowler, White, Boggs and Banker. Corrections Corporation of
America, the private company that operates the jail, is also being sued by
Munroe Regional and filed its own motion to dismiss on July 24. That motion
argues that no agreement existed between CCA and the hospital to pay Cahill's
medical bills.
August 4, 2003 St Petersburg Times
An inmate close to death is released just before he racks up an expensive
hospital bill. The hospital sues for payment. Hundreds of inmates come in
and out of the Citrus County jail each year. Some are awaiting trial. Others are
serving sentences. Every now and then an inmate will become so seriously
ill that he requires medical care beyond what the jail staff can provide. The
law says county government must pay for the care if, as is usually the case, the
inmate cannot afford to do so. This practice is at the heart of a lawsuit
that an Ocala hospital filed against Citrus County this summer. The county
says it isn't liable for a $150,000 plus medical bill that Martin Cahill accrued
because Cahill was released from custody one day before entering the Ocala
hospital. That hospital, Munroe Regional Medical Center, says Citrus
swiftly arranged for Cahill's release to avoid being stuck with the big
bill. The case, which remains pending in Marion County Circuit Court,
already is shedding light on an otherwise little-noticed part of county
government. Corrections Corporation of America, the private company that
operates the jail on the county's behalf, provides basic medical care for
inmates. For example, the jail clinic dispenses medications for diabetes, high
blood pressure, arthritis and other chronic illnesses. Inmates are taken
out of the jail for major surgeries. The bills go to the county unless the
inmate has assets or insurance to cover the care. Cahill's bill is the
largest the county has faced for inmate medical expenses, according to county
records. The county typically budgets $25,000 per year to cover medical care
that inmates require outside the jail, and it has access to $206,000 in a
reserve account to make up for expenses beyond the $25,000. Most of the
bills have been less than $25,000, one of the reasons why the county has elected
not to purchase insurance to cover inmate medical expenses. County
officials estimate it would cost $1.12-million to insure jail inmates.
"We've paid less than $25,000 in the past several years for inmate medical
expense," said Cathy Taylor, the county's budget director. "To take
out an excess of $1-million insurance policy wouldn't seem prudent."
The county says the hospital must look elsewhere for payment on Cahill's bill
because Cahill wasn't an inmate at the time he entered Munroe. Court
records show law officers arrested Cahill in October on charges of making false
911 calls, resisting arrest and threatening police officers and
firefighters. With the criminal case still pending, Cahill remained at the
jail until March 4, when he was sent to Citrus Memorial Hospital for treatment
of a serious heart condition. Citrus Memorial officials determined they
couldn't treat him, so he was sent to Munroe on March 6. At issue in the
lawsuit is what happened on the middle day, March 5. That afternoon, a
judge released Cahill on his own recognizance. Cahill's lawyer and a prosecutor
agreed to the arrangement. Cahill went on to spend a little more than
three weeks at Munroe and rack up a $152,973 medical bill. Assistant
County Attorney Michele Slingerland said she was informed about Cahill's case by
Public Safety Director Charles Poliseno. Poliseno, who oversees the contract
between the county and CCA, calls Slingerland when legal issues arise with
inmates. Slingerland notified Cahill's lawyer, who then formally asked the
judge to release Cahill from custody. Munroe has accused the County
Attorney's Office of purposefully pressuring the Public Defender's Office to
arrange Cahill's release to avoid paying the bill. It says the chain of events
serves as evidence of a deliberate - and illegal - effort by the county to dodge
its responsibility. Slingerland said she had different motivation.
"The guy was supposed to die," said Slingerland. "That's why I
felt the need to tell his attorney. I thought he should know before his client
died." She has maintained that she called Roy Stevenson, Cahill's
attorney, as a courtesy. Even if Cahill was dying, the county was legally
obligated to guard him, Slingerland said. And the security comes at a price: The
county has to pay a CCA security guard $13.50 per hour and $20.50 per hour if
overtime is required, according to the county's contract with CCA.
July 9, 2003 St Petersburg Times
An attorney representing an Ocala hospital has accused Citrus County of
borderline fraud for its refusal to pay the medical bills of a former jail
inmate who was too poor to pay them himself. Martin T. Cahill, a
41-year-old Beverly Hills man, racked up $152,973 in hospital bills after he was
transported to Munroe Regional Medical Center in Ocala from Citrus Memorial
Hospital on March 6. Two days earlier, he had been admitted to Citrus
Memorial after falling gravely ill with a heart condition while in the Citrus
County Jail. Citrus Memorial officials determined they weren't capable of
treating him and sent him to Munroe Regional, where he remained for three
weeks. But as of March 5, the day before he was sent to Munroe Regional,
Cahill was no longer an inmate at the Citrus jail, having been released from
custody that afternoon, court records show. The events of that day are the
crux of a lawsuit filed by Munroe Regional against Citrus County and Corrections
Corporation of America, the private company that operates the jail. Munroe
Regional attorney Robert Seymour has accused the county attorney's office of
pressuring the public defender's office to get Cahill released from jail the day
after he was admitted to Citrus Memorial. He alleges the county arranged
Cahill's release to avoid being stuck with his bills. "This is an
obvious attempt to skirt the county's legal duty to provide Mr. Cahill with
medical treatment, and borders on fraudulent action," Seymour wrote in a
May 20 letter to the county and Corrections Corporation of America. Cahill
was arrested in October on charges of making excessive 911 calls and threatening
police officers and firefighters after they responded to a car accident.
Cahill's car was on fire, and authorities said he threatened to kill any
firefighters or police officers who attempted to put out the fire. He also
threatened to kill himself and his mother. Seymour goes on to detail an unusual
scenario during which Cahill went from being an inmate held without bail to a
man released on his own recognizance. He cites a March 5 telephone message
left by assistant county attorney Michele Slingerland for Roy Stevenson, a
public defender who was appointed to represent Cahill after his arrest in
October. Slingerland, according to Seymour's letter, told a receptionist
at the public defender's office that Cahill had been hospitalized and
"asked that they attempt to get Mr. Cahill released on his own
recognizance." On Monday, Slingerland vigorously denied making that
request of Stevenson, an attorney she has known since her days as a prosecutor
in State Attorney Brad King's office. She said she had called Stevenson as a
courtesy, informing him that his client had been hospitalized the night
before. Cahill had been taken to Citrus Memorial's emergency room, where
doctors hooked him to a ventilator and predicted he would live only another
week. Stevenson brought up the idea of having Cahill released in a
followup phone conversation, Slingerland said. She said she warned him that the
county wouldn't be responsible for Cahill's bills if he was no longer an
inmate. Florida law requires counties to pay for the hospital care of an
inmate if the inmate, family members or an insurance provider cannot pay the
bills.
July 7, 2003
Martin Cahill racked up a $152,973 hospital bill, and it seems nobody
wants to pick up the tab. In October, the 41-year-old Cahill was arrested
on charges of making false 911 calls, resisting arrest and threatening police
officers and firefighters, court records showed. The public servants were
trying to put out a fire that had engulfed Cahill's car, but Cahill threatened
to shoot them. He later threatened to kill himself. The Beverly Hills man
was being held at the Citrus County jail March 4, awaiting disposition of those
charges, when he became seriously ill. According to a court record, Cahill was
taken to Citrus Memorial Hospital, where he was diagnosed with a heart
condition. Citrus Memorial determined it wasn't equipped to treat Cahill,
and so on March 6, he was transferred to Munroe Regional Medical Center in
Marion County, where he stayed for a little more than three weeks. What
happened on the intervening day has given rise to a lawsuit against the county
and the private company that runs the jail. The county was served with the suit
earlier this week. Munroe Regional submitted a $152,973 hospital bill to
Corrections Corporation of America, the private company that operates the jail
on the county's behalf. According to the hospital, CCA replied it wasn't
responsible for the charges because Cahill was no longer an inmate: He was
formally discharged from the jail at 5:40 p.m. March 5. Munroe filed suit
June 27 against the company and Citrus County. Munroe Regional alleges
Citrus County and CCA have a legal duty to pay for Cahill's treatment because at
the time Cahill was "an indigent person being held prisoner,"
according to the suit. Munroe Regional is requesting a judge to order
payment of the hospital bill, plus attorney's fees. Munroe is being
represented by the Savage, Krim, Simons, Jones & Babiarz law firm of Ocala.
Robert Seymour, an attorney with the firm, said Thursday night: "The
lawsuit speaks for itself." The suit will be presented as an
informational item at Tuesday's County Commission meeting, County Attorney
Robert Battista said Thursday. The county has until July 22 to reply to
the suit. (St. Petersburg Times)
May 15, 2003 St Petersburg Times
County officials are formalizing their interest in housing more immigrant
detainees at the county jail by sending a letter to the federal government this
week. A deal could possibly be worked out during the next few months. The
agency is offering the county a $9.3-million construction loan to build a
256-bed annex to the jail. The county would pay back the loan by charging the
federal government a daily rate for each bed a detainee occupies. The jail
has been home to immigrant detainees since 1995, when it began accepting
refugees from the Krome Detention Center near Miami. More recently, these
detainees have come from a detention facility in Bradenton. What is new is
the proposed financial arrangement with the federal government, which would
allow the county to use federal dollars to expand one of its own facilities.
Once the loan is paid off, the annex would become the county's property,
providing much-needed space for the county's growing inmate population.
The county would continue to generate revenue from the detainees' presence.
Already, the county earns $6 each day per inmate, while Corrections Corporation
of America pockets a daily fee of $41 per inmate from the federal government.
April 30, 2003 St Petersburg Times
A Citrus County jail officer, acting on bad counsel from a training officer at
the jail, lost the state certification he needed to be employed as a law
enforcement officers, according to a Florida Department of Law Enforcement
official. The training officer has been replaced by
August 22, 2002 St Petersburg
Times
The Sheriff's Office and jail authorities are interviewing people to find out
what happened to Antonio Lewis Franklin. The man who dies suddenly at the
Citrus County jail Tuesday had his first recorded run-in with the law at age 17,
around the time he dropped out of Citrus High School. An autopsy was being
performed Wednesday to determine a cause of death for Franklin, who was rushed
to Citrus Memorial Hospital Tuesday after an inmate reported him
unconscious. The 31-year-old Inverness resident was pronounced dead at
4:10 p.m. Jail warden Carlos Melendez said he is also conducting an
internal investigation action to determine whether his staff followed proper
procedures. Melendez said Franklin, like all inmates, was examined by the
jail's nurse after he was admitted. The nurse checked his heart rate and
blood pressure and found nothing abnormal, he said.
|