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Calhoun County Jail
Battle Creek, Michigan
Correctional Medical Services
March 25, 2005 WZZN13
A sneeze changed Linda Peterson's life forever.
Peterson, 53, of Battle Creek, was a licensed practical nurse working in
the Calhoun County jail when a female inmate sneezed during an examination on
May 15, 2002. What Peterson didn't know at the time was that the woman was
infected with Methicillin-resistant Staphylococcus aureus, or MRSA, a bacteria
resistant to many antibiotics. Peterson believes it was that sneeze which
infected her. For Peterson, the infection forced amputation of her middle toe
and a portion of her left foot, forced her to stop working, plunged her into
depression and placed her nearly $100,000 in debt because of medical bills and
her inability to work. She can't rid
her body of the infection and can only hope to control it. Peterson was working
for Correctional Medical Services, a St. Louis, Mo., company which contracts
with Calhoun County to provide medical care in the jail. The company provides
correctional health care in 27 states. Peterson and another former registered
nurse working for CMS, Sally Lett of Kalamazoo, and two former inmates, contend
CMS and jail personnel did not do all they could to disinfect jail living areas
and equipment to help prevent the spread of the bacteria. "It wasn't as
clean as it should be," Peterson said. "We didn't always have the
supplies." "The health and safety of the inmates and the employees was
not a consideration," Lett alleged.
Cook Nuclear Plant
Bridgman, Michigan
Wackenhut (Group 4)
April 15, 2009 TWSJM AM
The Cook Nuclear Plant is shaking up its security force. The Plant is ending its
contract with Florida-based Wackenhut Corporation and instead offering all
security officers jobs with Indiana Michigan Power. 162 existing contracts
employees will transition into members of the American Electric Power security
team. Cook Senior Vice President Joe Jensen says joining the American Electric
Power team will help the plant's security be more effective. The plan is
expected to give more control over integrated operations and costs and give more
benefits to security employees.
Macomb County Jail
Macomb County, Michigan
Correctional Medical Services
November 17, 2004 Macomb Daily
Macomb County officials approved a $410 million budget for 2005 on Tuesday that
holds the line on taxes and paints the kind of fiscally sound picture that
contrasts sharply with the red ink plaguing many Michigan cities and counties.
But not all of the news is good. The cost of medical services for
jail inmates has risen 34 percent, from $3.3 million to $4.5 million over the
past year. On Tuesday, the county Board of Commissioners approved an audit of
the medical services, at a cost of $20,000, to determine why costs are
skyrocketing. In the interim, the board authorized a temporary, 6-month contract
extension with the company that provides the services, Correctional Medical
Services. The jail books 26,000 inmates a year.
April 12, 2004 Macomb
Daily
The family of a Macomb County woman left an invalid after she leapt from a
balcony at the Macomb County Jail may have to pay $100,000 to the medical
provider they named in their failed lawsuit at U.S. District Court, Detroit.
Attorneys for Correctional Medical Services Inc., the
medical care provider at the jail, have asked federal Judge Paul Gadola to sign
a court order imposing $100,016.31 in court costs, attorney fees and other
expenses against the family of Patricia Rose House for suing them in her
November 2001 jailhouse injuries. Earlier this year, the county and the
medical carrier both won a motion to have the federal case dismissed. While the
county and its employees basically let the matter end there, officials and
records indicate CMS is going a step further to demand payback for its trouble
thus far. The plaintiffs claimed that officials should have prevented
House from jumping from a second-floor balcony to the first floor, causing
severe injuries which left her a quadriplegic. Court documents claim she should
have been receiving the drug Depakote to treat bipolar disorder, and
mistreatment or neglect by medical personnel caused her to lapse into a suicidal
episode. When she was brought into jail, she was examined by medical
personnel who determined she was not suicidal. Days after her arrival, she
jumped.
Michigan
Youth Center Facility
Baldwin, Michigan
GEO Group (formerly known as Wackenhut Corrections)
March 3, 2010 The Grand Rapids Press
A proposal to house illegal immigrants convicted of crimes in a former state
"punk prison" is dead, according to the Florida firm that owns the North Lake
Correctional Facility. The federal Bureau of Prisons has canceled its
solicitation for prison space due to a funding shortfall, according to a news
release issued by the GEO Group. Sandy Crandall, president of the Lake County
Chamber of Commerce and Tourist Center, said she was disappointed by the news.
"I just have to be hopeful that they've got something else in mind, a Plan B,"
Crandall said. "We'll certainly support them any way we can. They've got a huge
investment there." GEO has nearly completed a $60 million project which expanded
the facility from 530 beds to 1,225 with an eye toward the federal contract.
Last November, federal prison officials were given the red carpet treatment when
they visited Baldwin to assess its suitability for the contract. Community
leaders had hoped GEO would land the federal contract and bring about 500 jobs
to the town, located 85 miles north of Grand Rapids. When it closed in 2005, the
prison employed 220. The prison opened in 1998 as a "punk" prison for as many as
480 13- to- 19-year-old boys and young men. GEO officials said they would
continue to market the Baldwin site to federal, state and local detention
facilities around the country.
March 2, 2010 Reuters
Prison operator Geo Group Inc (GEO.N) said it is "disappointed" by the
Federal Bureau of Prisons' decision to cancel a solicitation for a facility to
house illegal aliens convicted of crimes, sending its shares down as much as 8
percent. Geo blamed a funding shortfall for the BOP withdrawing its proposal,
which the company expected would fill its Baldwin, Michigan correctional
facility. A 1,225-bed expansion of the existing 530-bed facility is scheduled to
be completed in 2010. Robert Wasserman of Dawson James Securities said, the
share falls of Geo and rival Corrections Corp of America (CXW.N) -- which was
trading down 3 percent -- indicated investor fears of further cuts in federal
prison business. "They all do business with the (BOP) and federal agencies have
really been the strongest in the last couple of years -- better than the
states," Wasserman said. But he viewed this as a short-term setback and said the
private prison operators can expect more federal business next year.
February 22, 2007 Ludington Daily News
Officials in Lake County had hoped to contract with out-of-state agencies to
house prisoners in the Webber Township facility, but that plan may have hit a
snag this week. The California Superior Court ruled Tuesday that Gov. Arnold
Schwarzenegger’s shipment of inmates without their permission to out-of-state
prisons was not legal, according to reports in the Sacramento Bee and Los
Angeles Times. The Los Angeles Times reported Ohanesian’s ruling invalidated the
California Department of Corrections and Rehabilitation’s contracts with GEO and
CCA because Schwarzenegger’s declaration was not valid. Sacramento Superior
Court Judge Gail Ohanesian ruled Schwarzenegger’s declaration of a prison
overcrowding emergency was “unlawful” after the California corrections officer
union filed a lawsuit challenging the declaration and Schwarzenegger’s plan to
ease overcrowding by sending inmates to out-of-state prisons. Schwarzenegger
proposed shipping inmates out of state to alleviate overpopulation within the
California prison system, which stands at nearly 200 percent of capacity. The
GEO Group, the Boca Raton, Fla. based company who owns the Lake County prison,
had contracted with California to house inmates at one of the company’s
facilities in Indiana. California has moved 360 prisoners to private facilities
in Tennessee and Arizona owned by the Tennessee-based Corrections Corporation of
America. Officials from California visited Lake County for a tour of the former
Michigan Youth Correctional Facility, but have not contracted to use the
shuttered 450-bed prison.
October 6, 2006 Ludington Daily News
A California prison overcrowding emergency declaration could speed up that
state’s contract negotiations with GEO Group, which owns the Lake County prison.
California Department of Corrections and Rehabilitation spokesman Bill Sessa
said the agency is continuing to talk with three private prison companies, one
of which is GEO, to negotiate contracts to move prisoners to out-of-state
facilities. “We’re going to continue contract negotiations with three companies
and whoever else jumps in,” Sessa said. Officials from GEO said they are
continuing talks with California. “We’re looking forward to working with the
state,” said Pablo Paez, director of corporate communications at GEO. “We’re
working with them and we look forward to work through the process.” GEO has
available beds at three facilities, including the Lake County site, Paez said,
noting that California officials have visited the facility sites. Paez said he
has no specific timeline for contract talks, but added that the
state-of-emergency declaration demonstrates “they have an immediate need to send
up to 5,000 inmates out of state.”
September 27, 2006 Ludington Daily News
Rumors abound in Lake County about a timeline for the GEO Group prison to
reopen. County officials believe it’s only a matter of time before the company
signs a contract, possibly with the state of California, to house inmates in the
closed facility, which closed nearly a year ago when Gov. Jennifer Granholm
vetoed funding the state’s contract with the company. Bill Cole, of Custer, a
maintenance worker at the former youth prison, said he hasn’t heard anything for
sure, but the signs are looking positive. “We are starting to prepare the
facility in the event something should happen,” Cole said, noting GEO initiated
the work. “They called and talked to me and said we’re not there, we’ve not
signed a contract. GEO spokesman Pablo Paez said work at the facility in the
last couple of days is in preparation for an official visit from an undisclosed
agency.
September 18, 2006 Ludington Daily News
A bill that allows The GEO Group, the owner of the former Michigan Youth
Correctional Facility in Lake County, to contract with out-of-state or federal
agencies became law today. After a week-long review, Gov. Jennifer Granholm
signed House Bill 5800 late Friday and presented it to the Secretary of State’s
office today. “The governor supports this bill because it’s good for economic
develop and jobs by providing an alternate use for this facility,” said Heidi
Watson of the governor’s communication office. “Hopefully, this will create
jobs, and it allows this facility to be reused, which is what we hoped would
happen.” Rep. Goeff Hansen, the bill’s sponsor, was hopeful for the future of
the community now that GEO has expanded options in renting beds at the facility.
“I’m glad she did it,” said Hansen, R-Hart, when informed by the Daily News that
Granholm signed the bill. “Hopefully, it’s going to be a good opportunity for
Lake County to get back in stride, to get businesses back in business. I’m
pleased it went through.”
September 11, 2006 LA Times
Gov. Arnold Schwarzenegger was not inspecting the orange crop when he slipped
out of the state for a quick trip to Florida, and he wasn't eyeing a new set of
wheels when he visited with car dealers. Nor was he parched when he bellied up
to liquor dealers in Lake Tahoe, or craving a burger when he chatted with
Jack-in-the-Box owners. Rather, he was gobbling up campaign money at each stop.
As legislators were approving more than 1,000 bills in August, Schwarzenegger
was crossing the state, and the country, soliciting campaign cash. Now, as he
decides whether to sign those bills into law or nix them with a veto, he will be
cashing checks from scores of contributors whose interests intersect with
legislation. In his quest to be reelected, Schwarzenegger is raising money from
all manner of businesses: restaurants, insurance companies, banks, financial
services providers, construction and real estate interests, farmers, energy
producers and car dealers. All have business before the state. On the last
weekend in August, as legislators prepared for their final sprint before
adjourning for the year, Schwarzenegger traveled to Florida for a fundraiser
organized by his brother-in-law, Anthony Shriver. The event was at the home of a
major donor to Republican candidates and causes, Randal Perkins, and generated
about $500,000. Perkins' firm, Ashbritt Environmental, does cleanup after
natural disasters, including Hurricane Katrina. According to Perkins' lobbyist,
Ronald L. Book, Ashbritt has no state contracts in California. However, several
donors who gave at the fundraiser do have business here. Geo Group, a Florida
firm that operates private prisons, has long sought more business in California.
Geo's Sacramento lobbyists worked to shape the governor's prison overhaul
package, which failed in the Legislature on the final day of its session. The
package might have increased the number of California inmates housed by private
firms.
September 10, 2006 Sacramento Bee
The Department of Corrections and Rehabilitation is conducting an inmate
survey to see how many prisoners might be interested in serving their time out
of state -- and a Florida company that has contributed $90,000 over the years to
Gov. Arnold Schwarzenegger says it would be happy to accommodate them.
Department spokesman Oscar Hidalgo said the agency can administratively transfer
inmates out of state if they volunteer for the move and if the contracts with
out-of-state operators do not exceed a year. Longer term deals, Hidalgo said,
would require legislative approval. "If there's a willing inmate and a vendor,
we can do this on our own right now," Hidalgo said. One major private prison
company, the GEO Group of Boca Raton, Fla., formerly known as Wackenhut
Corrections Corp., has expressed interest in housing California inmates at its
facilities in Michigan, Indiana and Louisiana. GEO currently operates four
private prisons in California. It also contributed $22,300 to Schwarzenegger on
Aug. 25, in the last week of the legislative session, when lawmakers declined to
act on proposals designed to ease prison overcrowding in California. One bill
would have required inmate approval for out-of-state transfers. In legislative
hearings, GEO expressed support for an involuntary transfer plan. Altogether,
GEO has contributed $90,300 to Schwarzenegger going back to 2003.
September 7, 2006 Ludington Daily
News
A deal that might have supplied California inmates to the former Michigan
Youth Correctional Facility in Lake County could be in jeopardy. Gov. Arnold
Schwarzenegger and the California’s Department of Corrections and Rehabilitation
(CDCR) proposed sending inmates to out-of-state facilities — potentially
including the Lake County prison — without getting the inmates’ permission.
However, the future of the proposal is unclear. The California Assembly refused
to vote on the measure despite the California Senate passing a bill allowing the
transfers only with the inmate’s permission, which is current California law.
The California legislature, a part-time legislature, left session for the year
Friday without approving Schwarzenegger’s four-bill package. The bills faced
opposition by Republicans in the Assembly as well as the corrections officer
union and garnered only lukewarm support from Democrats. In addition, Republican
Gov. Schwarzenegger also faces a challenge from Democrat Phil Angelides in the
November election. The Baldwin area facility was mentioned as a possible
recipient of California inmates, and officials from California reportedly
visited the site earlier this summer. Pablo Paez, communications director for
GEO Group which owns the Lake County prison, said he had “nothing new to report”
with regard to any deal to house inmates there. Paez said GEO has been in
contact with California and with U.S. Immigration and Customs Enforcement
regarding possibly renting bed space at the facility a few miles north of
Baldwin. Refusing to name where else GEO is seeking rentals, Paez said “the
company remains active in marketing our facility.”
August 31, 2006 Daily News
The Lake County community is one step closer to
reopening the former Michigan Youth Correctional Facility thanks to a bill
passed Wednesday by the House of Representatives in a 72-31 vote. The bill heads
to the governor’s desk for approval, and she has said she will sign it. House
Bill 5800, sponsored by Rep. Goeff Hansen, R-Hart, would allow GEO Group, the
prison’s owner, to contract with out-of-state vendors to house inmates in the
Baldwin facility. Current state law mandates the former Michigan Youth
Correctional Facility can only be used to house Michigan youth offenders. “We
are supportive and the governor expects to sign the bill,” said Liz Boyd,
spokeswoman for the governor’s office. “It’s up to lawmakers how quickly they
move it to us.” Once the bill arrives on the governor’s desk, she will have 14
days to sign it into law. The approved Senate amendment removed the state from
oversight in the facility. “That’s the craziest thing I’ve ever heard,” said Ken
Kopczynski, executive director of the Private Corrections Institute, a
Tallahassee, Fla., based not-for-profit watchdog organization that opposes the
concept of for-profit prisons. “I’m sure the citizens of Michigan are proud to
know their Legislature is looking after their public safety. The state is
responsible for inmates in the facility. The courts have ruled on that. You
can’t contract away liability. Michigan has the ultimate responsibility of
regulating prisons and jails in the state. They’re ultimately responsible for
the conditions.” Kopczynski has documented on his Web site more than 30 pages of
lawsuits against GEO. “The whole idea they can take over a government service
and do it cheaper (is false),” Kopczynski said. “They don’t pay wages, they
don’t have the benefits, and they have high turnover which leads to abuse and
escapes. They say they’re in it for public safety — that’s BS. They’re in it for
the money.”
August 30, 2006 Ludington Daily
News
The Lake County community is one step closer to reopening the former
Michigan Youth Correctional Facility thanks to a bill passed today by the House
of Representatives. The bill heads to the governor’s desk for approval, and she
has indicated she will sign it. House Bill 5800, sponsored by Rep. Goeff Hansen,
R-Hart, would allow GEO Group, the prison’s owner, to contract with out-of-state
vendors to house inmates in the Baldwin facility. An amendment to the bill —
which would have limited the risk level of inmates that could have been housed
in the facility — was voted down before the bill passed in a concurrence vote.
It had already passed both the house and senate earlier this year, but because
the senate added an amendment to the bill, the house had to issue a concurrence
vote.
August 2, 2006 Cadillac News
The fate of Lake County's youth prison could be in the hands of the California
Legislature. California's Department of Corrections is considering a proposal
that would allow the state to export illegal immigrants to the former Michigan
Youth Correctional Facility near Baldwin. A CDC official met with a
representative of the GEO Group and Lake County Sheriff Bob Hilts Monday in
Baldwin to discuss a possible arrangement to fill the 550-bed maximum-security
prison. “It's one proposal we're looking at,” said Terry Thornton, spokeswoman
for CDC. “We have historic levels of overpopulation.” Thornton reported 16,000
of the state's inmates are housed in alternative situations, many of those
triple-bunked. “If we do nothing, we'll run out of beds in a year,” she said.
California Gov. Arnold Schwarzenegger has called a special session of
legislature to address overcrowding and other prison system issues. The session
begins Monday. A series of proposals, including one involving use of the Baldwin
facility, will be under consideration by the state's lawmakers, according to
Thornton. California is one of several entities facility owners the GEO Group is
in negotiation with to enable it to reopen the six-year-old $37 million prison.
Gov. Jennifer Granholm closed the facility last October when she withdrew its
funding, Before GEO is able to reopen the prison, it must gain legal rights to
enter into contracts with the State of California, or other states, federal or
local agencies. The State Corrections Code only allows its use as a youth
correctional facility under contract with the State. Michigan legislators have
shown strong bipartisan support for a bill that would permit GEO to import
out-of-state detainees or inmates and contract with other agencies. The House
passed the legislation 83 to 20. The Senate approved the bill 36 to 1, said
Peter Wills, spokesperson for State Rep. Goeff Hansen, R-Hart. While Granholm
had vetoed a version of the bill in May that would have mandated state use of
the prison in overcrowding conditions, she has indicated support for the
“concept” of the legislation, Wills said. But the bill continues to draw
opposition. Rep. Kathy Angerer, D-Dundee, and Rep. Gary McDowell, D-Rudyard,
added amendments that would prevent import of inmates. “It will be taken up on
Aug. 9. We're working with House leadership to work with members who offered the
amendments to see if they would rescind,” Wills said. “We're confident the bill
is still a good one.” Even given the authority for filling the prison with a new
inmate population, GEO's problems won't end. Before closing, the facility
employed 200 workers. “GEO's going to have to do an intensive search for
employees,” said Hilts. The bottom line is that operations must be cost
effective “Everybody that has visited is interested,” Hilts said. “The question
is if they can make a deal. Its always monetary.”
July 26, 2006 AP
A former youth prison in Baldwin would be allowed to house a wide range of
prisoners under legislation passed Wednesday by the state Senate. The bill would
allow the prison to be used for a Michigan prison population, county prisoners,
out-of-state prisoners or federal detainees. The former Michigan Youth
Correctional Facility, located about 65 miles north of Grand Rapids, was closed
last year. The legislation is designed to provide flexibility so the privately
owned prison can house adult offenders and those not just under the jurisdiction
of the state corrections department. The 480-bed prison, run for six years by
GEO Group Inc., closed last October after state officials decided they could
save $18 million by sending the young inmates housed at the Lake County facility
to other prisons and ending the contract with the company based in Boca Raton,
Fla. The legislation passed the Senate by an 36-1 vote and now goes back to the
House because the Senate made changes to it. Before voting, Democrats tried to
amend the bill to restrict the type and number of inmates that could be housed
in the facility. But the amendments failed. When the bill came up for final
passage, only Sen. Liz Brater, D-Ann Arbor, voted against it. Sen. Mike Goschka,
R-Brant, was absent and did not vote.
July 25, 2006 Ludington Daily News
The Baldwin prison could reopen if the California Department of Corrections
and Rehabilitation (CDCR) and the owners of the prison, GEO Group, can reach a
deal. “GEO and California (corrections) officials are in the preliminary stages
of exchanging information and determining if there is mutual interest to
continue discussions,” said Peter Wills, legislative assistant to State Rep.
Goeff Hansen, R-Hart. GEO acknowledged the company is engaged in talks with
California about the Baldwin facility. “We’ve had discussions with California
for quite a while,” said Pablo Paez, director of communications at GEO Group.
“The state has issued a request for information (about available facilities) to
send criminal aliens out of state. We’re responding with the information that we
have approximately 500 beds available in Michigan.” Paez said California was one
of a number of agencies the company has contacted about renting beds at the
Baldwin facility, but he refused to name the agencies, stating that the
discussions are ongoing. Bill must pass for facility to house out-of-state
inmates That legislation, House Bill 5800, would allow GEO to use the facility
for uses other than Michigan prisoners. Currently, state law mandates MYCF can
only be used to house Michigan youth offenders. Hansen’s bill would allow GEO to
house detainees or inmates from other local, state, or federal agencies. HB 5800
passed the House June 15 and the Senate Judiciary Committee June 22 and could go
before the full Senate Wednesday. “We’re back in session on Wednesday, and we’re
going to try to get it through,” said John Lazet, chief of staff for Sen. Alan
Cropsey, R-DeWitt, the chair of the Senate Judiciary Committee. “Our goal is
Wednesday.” Both Gov. Granholm and the DOC are supportive of the bill. Sen. Liz
Brater, D-Ann Arbor, a member of the Senate Judiciary Committee, opposes the
bill because she disagrees with private prison operations and because the bill
would allow other state agencies to ship prisoners out of state. “I don’t agree
with (any state) transporting prisoners over state lines,” Brater said. “I’m not
going to support importing prisoners to Michigan.”
May 26, 2006 TV 7 & 4
The future of the Geo Youth Prison near Baldwin is again an unknown after
hopes to reopen the facility are dashed by the swipe of Governor Granholm's pen.
Granholm vetoed a bill designed to house out of state inmates at the former
prison. The Geo Prison was closed in November as a cost cutting measure by the
state. Operators say they were hopeful of reopening and recouping some of the
money that was invested when the prison was built back in 1990. Last week a
state lawmaker introduced the bill that would allow the prison to house inmates
from outside of the state. The prison was one of Lake County's largest
employers.
May 18, 2006 Cadillac News
Eight months after Gov. Jennifer Granholm closed the Michigan Youth Correctional
Facility, Lake County's largest employer, the community is struggling to adjust
to its losses and move forward. The only privately managed prison in Michigan,
Granholm pulled MYCF's funding last September in efforts to balance the state's
budget. MYCF employed more than 200 full-time workers. Measuring the full impact
of the closure is complex, according to Jim Truxton, village president, but
during the winter the community has seen businesses close, declining school
enrollment and an increase in foreclosures. Major housing and hotel development
projects remain frozen. “We've moved back 15 to 20 years in our economic plan,”
Truxton said. Up to now, legislation has prohibited the $37 million, 550-bed
facility from being converted from a youth prison to other correctional uses.
State Representative for the 100th District Goeff Hansen, R-Hart, introduced
legislation last March that will allow owners, The GEO Group, Inc., to house
inmates from other local, state and federal agencies. “We're trying to open it
up,” he said. Hansen anticipates the legislation to pass through legislature by
early this summer. The impact of the shutdown is more far reaching than
anticipated, according to Hansen. He pointed to infrastructure installed
primarily to support MYCF and paid for with a bond. Without revenues from the
prison, the water/sewer system has financially drained the township. “Lake
County has always been poor,” he said. “Now they're poor and in debt.”
May 12, 2006 Ludington Daily News
The GEO Group has paid its taxes — more than $921,000 in base taxes — on the
Michigan Youth Correctional Facility for Fiscal Year 2005, as it was obligated
to do, according to Township Supervisor Tony Gagliardo. GEO also paid more than
$15,000 in personal property taxes for the same year. The taxable value of the
facility is listed at more than $18.9 million, while the true cash value is set
at $40,912,283. While GEO’s assessment may change because the facility is not in
use, Gagliardo said the township will consider that issue if the company
requests a reassessment. “We’ll decide that when the time comes,” Gagliardo
said. In the meantime, the township remains “status quo,” nearly seven months
after the state canceled its contract with the GEO prison, he said. Gagliardo
said he’s not had any contact with the company in about six months, but hopes
something will come along to put the facility back in use and employ people
again. Bill Cole, maintenance supervisor at the GEO facility, has maintained his
job at the prison since it closed. He and a crew of three people are overseeing
the physical plant. “We’re trying to keep everything running,” Cole said, “but
there’s no major change. We’re just maintaining and painting. We’re here to keep
vandalism away.” Cole said he’s not heard anything from the corporate offices
about any new contracts, but state law states only Michigan teen offenders can
be housed at the facility. A bill introduced by State Rep. Goeff Hansen, House
Bill 5800, would allow GEO to pursue contracts to house inmates from federal and
out-of-state agencies. In the meantime, the township is left with a water system
too large for the amount of users it serves. The prison was the system’s major
user until Gov. Jennifer Granholm line-item vetoed funding for the prison in
September. Every day, the township releases water from the water tank because
the current use does not provide sufficient turnover. The township is looking
into installing a new pump better suited to the demand, Gagliardo said. They
hoped to get state help with the cost of the pump — estimated at $40-45,000 —
but the Michigan Economic Development Council said they could not help with that
cost, Gagliardo said. MEDC said they might be able to help with other projects.
March 13, 2006 South Florida Business Journal
The Boca Raton-based correctional and detention management firm said it lost
$807,000, or 8 cents a share, on revenue of $164.87 million for the 13 weeks
ended Jan. 1. For the 14 weeks ended Jan. 2, 2005, Geo (NYSE: GGI) said it
earned $5.22 million, or 53 cents a share, on revenue of $161.59 million. The
most recent fourth quarter earnings include an $8.5 million, or
85-cents-a-share, international tax benefit related to certain tax law changes
in Australia and South Africa, as well as a $500,000, or 5-cents-a-share,
after-tax gain from discontinued operations including the sale of Geo's 72-bed
Atlantic Shores Hospital in Fort Lauderdale, Jan. 1. These gains were offset by
a $12.6 million, or $1.26-a-share, after-tax non-cash impairment charge related
to Geo's 500-bed Michigan Correctional Facility, which closed Oct. 14; a
$200,000, or 2-cents-a-share, after-tax charge related to one-time costs
associated with the reclassification of certain job positions from exempt to
non-exempt employees; and $600,000, or 6 cents a share, in one-time start-up
expenses related new contracts with the Indiana Department of Correction to
manage the 2,416-bed New Castle Correctional Facility in New Castle, Ind., and
with the New Mexico Department of Health to manage the 230-bed Fort Bayard
Medical Center in Fort Bayard, N.M. The Michigan charge was actually smaller
than the $21 million charge the company had predicted it would pay for losing
its contract there. The facility closed, Oct. 14, after the state of Michigan
canceled Geo's management contract. The company has since sued, alleging
wrongful termination of the lease. For the year, Geo said it earned $7 million,
or 70 cents a share, on revenue of $612.9 million. The year before - which
included an extra week, giving it 53 weeks - the company said it earned $16.81
million, or $1.73 a share, on revenue of $593.99 million.
January 27, 2006 Yahoo
The GEO Group, Inc. (NYSE: GGI - News; "GEO") announced today that it will incur
a non-cash impairment charge of $21.0 million, or $1.27 earnings per share,
during the fourth quarter of 2005 related to GEO's 480-bed Michigan Correctional
Facility (the "Facility"). The Facility was closed on October 14, 2005 following
the cancellation by the State of Michigan of GEO's management contract. In
addition, GEO's facility lease agreement (the "Lease") was cancelled by the
Governor of the State of Michigan effective December 3, 2005. As previously
disclosed, GEO has filed a lawsuit against the State of Michigan for the
wrongful termination of the Lease. The Village of Baldwin (the "Village") and
Webber Township (the "Township") joined GEO in the lawsuit and petitioned the
court for a Temporary Restraining Order to prevent the State of Michigan from
canceling the Lease and the management contract for the Facility. On November
21, 2005, the court denied the motion of the Village and Township for a
Temporary Restraining Order. As a result primarily of the court's denial of the
Village and Township's motion for a Temporary Restraining Order and in
accordance with generally accepted accounting principles, GEO has determined
that the estimate of the future cash flow for the Facility would be insufficient
to cover the Facility's current book value. The Facility is currently valued on
GEO's balance sheet at $34.0 million. GEO believes that its lawsuit against the
State of Michigan is meritorious and intends to continue to vigorously assert
its rights in the lawsuit.
November 30, 2005 Ludington Daily News
The GEO Group has hit a bump in the road in its lawsuit against the State of
Michigan after the closing of the Michigan Youth Correctional Facility near
Baldwin. Ingham County Circuit Court Judge James Giddings last week denied a
motion by GEO seeking injunctive relief to keep the prison open - and to keep
the state paying the lease - during court proceedings regarding the lawsuit. The
state will have to pay for leasing the facility only through Friday, saving $5.4
million that would have paid for the lease of a now empty prison. Judge Giddings
rejected GEO's claim that the lease could only be broken by action of the
Legislature, said Russ Marlan, spokesman for the Michigan Department of
Corrections. "The governor took out her pen and struck out this
appropriation," Giddings was quoted as saying in a Gongwer News Service
report. "Funds for this use in this lease have been prohibited. I don't see
how the plaintiffs can prevail.
November 20, 2005 South Bend Tribune
Brian Smith is the kind of person who officials in this small northwestern
Michigan town had in mind when they agreed in 1996 to be the home of a new,
high-security prison for young offenders. The 37-year-old corrections officer
had been working in a privately-run Pennsylvania prison when he and his wife
decided to move out of Philadelphia to find a better area to raise their young
children. He took a job at the Michigan Youth Correctional Facility and bought a
home down the road from where he worked. But the 480-bed prison run by GEO Group
Inc. closed last month and Smith now drives 140 miles a day to and from his new
job at a state prison in Muskegon. "I wish I could go back home now,"
Smith said as he stood outside the local Michigan Works office where he was
getting information about state aid for his higher gasoline costs. What state
and local officials didn't count on was fewer violent young offenders than
projected. Young inmates who had been in the Lake County facility were moved to
other prisons last month. The state's prison capacity is just short of 49,000
and isn't expected to hit capacity until March 2008, according to Department of
Corrections spokesman Russ Marlan. Tracy Huling, a consultant based in upstate
New York who has researched the economies of areas near prisons, said the
situation in Baldwin shows short-term thinking by both state and local
officials. She said the two sides should have been working together to determine
whether there were other options for the prison. "States have been creating
penal colonies for years and there are consequences," she said. "It's
understandable to see how folks get into this situation, but someone has to take
the leadership role and say there's got to be a better way." Local
officials met with Gov. Jennifer Granholm last month to talk about the future of
the area. Since then, they have been working on a list of projects they think
would help alleviate the loss of the prison. Although they want to diversify
their economy, their top recommendation to the governor is reopening the prison.
Without it, they said the area will lose out on hundreds of thousands of dollars
of revenue and fees for the area school district, local governments and the
water and sewer systems, which were built to accommodate the large facility.
They also said they may have to shut down the water system and drain the water
tower because there won't be enough flow to keep the water from becoming
stagnant or freezing in the winter. Despite their efforts, reopening the prison
appears unlikely. The state budget remains tight and the state is being sued
over its decision to end its lease with the GEO Group by the Boca Raton,
Fla.-based company, the Village of Baldwin and Webber Township.
November 16, 2005 Ludington Daily News
All but 20 of the corrections officers formerly employed at the Michigan Youth
Correctional Facility - 190 of 220 - have been hired into the state Department
of Corrections operations, according to DOC spokesman Russ Marlan. Lake County
residents were given top preference for jobs at the Pugsley Correctional
Facility in Kingsley, the closest state-run facility to Baldwin, Marlan said.
Other officers went to the Oaks Correctional Facility in Manistee County and to
the Muskegon Correctional Facility in Muskegon. The youth prison was a 480-bed,
privately owned and operated prison filled with Michigan youth offenders in Lake
County's Webber Township. Gov. Jennifer Granholm vetoed funding for the prison
from the state budget this fall, citing what she referred to as inefficiencies
and the desire to save taxpayers money. Opponents have countered, saying the
facility was fulfilling its contract, and that it was one of the state's most
efficient Level V prisons. GEO filed a lawsuit against the state charging that
only the Legislature could cancel the state's lease on the building. The company
is contending that the governor's veto canceled the contract. GEO's lawsuit said
only the Legislature could have pulled the funding for the building lease. Both
the House and Senate lawmakers found funding for the prison within the DOC
budget. The governor line-item vetoed that funding, and the Legislature signed
that budget, which Marlan said constitutes the necessary "legislative
action." William Nowling, spokesman for GEO, said the company is seeking
injunctive relief - in essence a temporary restraining order - to prevent the
state from stopping payment. "It would be a victory for the
community," Nowling said, "but it doesn't bring the prisoners
back." Nowling said an injunction would keep the building open for other
prisoners, either from the state or other entities. "This is only the first
stage of the lawsuit," Nowling said. "We invested and put up this $40
million facility and signed the contract so the state couldn't up and run."
Webber Township Supervisor Tony Gagliardo said that the township cannot wait
much longer. "With our water tank, we need to keep it from freezing,"
Gagliardo said. "It needs to turn over every seven days." And with
only minimal users, there is not enough demand for the water to ensure that rate
of turnover, Gagliardo said. The prison was the major user of the water system.
Either the township will be forced to shut the water off and drain the tower or
they will have to install a pressure tank and pump and erect a building to house
the pump, according to Gagliardo. He said adding the new pump would cost upwards
of $160,000. The pump and tank would cost the township $80-100,000, with the
building adding approximately $40-60,000. Plus, the township would also have to
heat the building. "That's not what we wanted to use the (township's) money
for," Gagliardo said. Nowling said GEO is actively looking for a new set of
inmates to fill the Baldwin area facility. "We're marketing it the best we
can," Nowling said. "The problem is the location (in rural Michigan)
and that the facility is a Level V maximum security prison. That has
limitations." GEO thinks there are several options for the building,
including: o The state could renew a contract with GEO to house Level V adult
inmates. o GEO could maintain the building and lease it to the state, who could
house and staff the prison. o GEO could get prisoners from outside of Michigan
to fill the prison. o The state could buy the prison from GEO. "We'd like
to keep it within the Michigan system," Nowling said.
November 8, 2005 Detroit Free Press
Republican state legislators would have a hard time explaining why they stuck
taxpayers with a $5.5-million bill to lease an empty prison. But they may have
to if they fail to amend this year's budget and protect the state against a
lawsuit by the private company that ran the Michigan Youth Correctional Facility
in Baldwin. Geo Group Inc., along with the Village of Baldwin and Webber
Township, sued the state last week for wrongfully terminating its contract,
after Gov. Jennifer Granholm vetoed money to keep the prison open. By closing an
unnecessary and inefficient prison, Granholm saved the state $18 million a year
-- $12.5 million for operating the facility and $5.5 million for the building
lease. The Michigan Department of Corrections already has transferred the
inmates at the 480-bed facility, and the department has found jobs elsewhere in
the system for the nearly 200 employees. Even so, Geo claims the state owes it
$5.5 million in rent because its contract says only the Legislature can cancel
the agreement. The state is on solid legal ground, but anything can happen in
court. Legislators can make sure the state prevails by amending the current
budget bill, or passing a separate bill, to prohibit payment of the lease.
Unfortunately, Republicans appear more interested in one-upping the governor
than acting in the people's best interest. "We have no plans to save the
governor from herself," Ari Adler, spokesman for Senate Majority Leader Ken
Sikkema, R-Wyoming, said last month. Protecting the state against a costly
lawsuit isn't about saving the governor -- it's about saving the strapped state
and taxpayers millions of dollars. Legislators should not play politics with
this issue and force the state to pay for an empty prison.
November 4, 2005 Psychiatry News
After a watchdog group sues a Michigan private youth prison over inadequate care
for inmates, the prison is closed due to budget reasons. Despite opposition from
Republicans, Michigan's youth prison was closed last month when Gov. Jennifer
Granholm (D) announced the first budget bills for the 2005-06 fiscal year. The
move helped trim a projected deficit of $770 million. The prison closing was one
of the most hotly contested items in the budget. "This costly facility is
not needed and was originally constructed to house violent young offenders, but
the need for this facility never materialized," the governor said. Her
office noted that the legislative auditor general said less-expensive beds can
be used to house the teen offenders, saving the state $17.8 million a year.
Earlier this year the Michigan Protection and Advocacy Service Inc. filed a
lawsuit against State Department of Corrections Director Patricia Casuso,
Michigan Youth Correction Facility Warden Frank Elo, and the GEO Group Inc., a
Florida-based, prison-management company that owns and runs the state's private
prison at Baldwin, claiming the prison was mismanaged. After the state had given
the company a 60-day notice that it was terminating the lease, the GEO Group
made a last-minute offer to cut the cost of the state's $18.8 million four-year
contract by at least $2 million a year, an indication of how profitable private
prisons are. Now the state faces a lawsuit over the lease for the privately
built facility, and prison supporters say the fight is not over. The Michigan
Youth Correctional Facility was built in 1999 under former Gov. John Engler (R),
who promised good-paying jobs to residents in the poverty-stricken Lake County
region; it was the state's first privately run, for-profit prison. Soon after it
opened, parents of teenaged boys convicted as adults alleged that their children
had suffered physical, mental, and sexual abuse at the maximum-security prison.
Their allegations were backed up by a watchdog group. "Even though we
anticipated that the facility was to be closed regardless, we went ahead and
filed the suit because [staff] were not providing the proper services to the
kids," Tom Masseau, public policy specialist with the Michigan Protection
and Advocacy Service, told Psychiatric News. The suit accused the prison of
neglecting inmates' physical and mental health and failing to provide enough
trained counselors for those suffering from mental illnesses and developmental
disabilities. Masseau said there was only one full-time social worker for 483
inmates. He added that low-level offenders were housed with convicted rapists
and murderers. Many inmates were kept in isolation for days at a time without
recreation and as punishment for minor offenses were limited to a few showers a
week. "Sixty-one suicide attempts were reported between October 2004 and
March 2005," Masseau said. "This is a significant increase, because
for all of 2003, there were only 18 suicide attempts," he added. Masseau
attributed the suicide attempts to the lack of proper treatment for inmates,
many of whom suffered from mental illness and developmental disabilities.
"Now that the facility is closed, we will be monitoring what happens to
these kids to make sure that the state provides the appropriate services for
them," he said. The GEO Group said it will vigorously contest the
allegations and questioned the plaintiffs' motivation and timing. It warned it
will pursue and enforce any remedies under the law against the Michigan Advocacy
and Protection Service. Management and Budget Department spokesperson Bridget
Medina had no immediate comment on the lease issue and what options the state
was reviewing. Many people in the mental health and human service communities
agreed that it was time Michigan dissolved its relationship with the GEO Group,
a worldwide operation that runs prisons in the United States, Canada, South
Africa, Australia, New Zealand, and the United Kingdom. "I fully expected
Gov. Granholm to end the contract, and that was sound public policy," Mark
Reinstein, Ph.D., CEO, and president of the Mental Health Association in
Michigan, told Psychiatric News. "The mental health and human service
communities had serious concerns about the efficacy and performance of this
facility." Psychiatrist Michele Reid, M.D., medical director of the
Detroit-Wayne County Community Mental Health Agency and a corresponding member
of APA's Council on Member and District Branch Relations, noted that the Mental
Health Commission had received testimony from many families and deliberated
extensively on mental health services to persons in correctional settings for
both juveniles and adults. "We are elated that the youth prison is closed.
It's a scandal that it was ever opened and continued to be run in such a way
that could do so much damage to so many children," Susan McParland,
director of the Michigan Association for Children With Emotional Disorders, told
Psychiatric News. "Our organization had urged that the Baldwin facility, or
so-called `punk prison,' be closed.... There was no purpose for this facility.
As advocates for kids, we know that detention in general does a lot of harm to
children who have emotional disorders, and this facility was the `belly of the
beast' so to speak." State Sen. Michelle McManus (R), whose Lake Leelanau
district includes the prison, claims the suit sucker-punched residents of a
county that often leads the state in unemployment and poverty. "Just when
it seems things can't get any darker for residents of Lake County, the groups
that are against the prison found one more stunt to pull," she said.
"This suit was clearly timed for maximum political impact." Republican
legislators who favor privatization wanted the funding for the prison to
continue and disputed the claims that adult prisons have enough beds to
accommodate the youthful inmates who were shipped to adult prisons beginning
October 1. Corrections spokesperson Leo Lalonde said 320 prisoners would be
transferred to the Thumb Correctional Facility, with others scattered throughout
the system. Sexual assaults at juvenile prisons occur 10 times more often than
at adult prisons, according to information released by the Bureau of Justice
Statistics in July.
November 4, 2005 Cadillac News
The operators of the private youth prison near Baldwin sued the state
Thursday, claiming wrongful termination of the company's lease. The village of
Baldwin and Webber Township joined The GEO Group, Inc. in filing the suit in
Ingham County court against the Michigan Department of Corrections and Michigan
Department of Management and Budget. Inmates at the 480-bed facility have been
transferred to other facilities and the facility's nearly 200 employees have
been offered other state jobs. Job loss is only one problem locals face as a
result of the prison closing. A water system built in Webber Township for MYCF
supplies only one other user, a small office building. The system has become a
costly white elephant. "It's bad enough that we're losing revenues,"
said Township Supervisor Tony Gagliardo. "But it's costing us to keep it
open." A mechanical failure of a water pump on Nov. 1 is adding to township
expenses, but officials aim to keep the system operational to support measures
to reopen operations. Local government officials say state officials under
former GOP Gov. John Engler made promises to persuade them to allow the prison
in their community, including a long-term commitment by the state to use the
prison after it opened in 1999.
November 3, 2005 AP
The operators of a private youth prison near Baldwin sued the state Thursday,
claiming wrongful termination of the company's lease. Inmates at the 480-bed
facility about 65 miles north of Grand Rapids already have been transferred to
other facilities and nearly 200 employees have been offered other state jobs.
Gov. Jennifer Granholm vetoed money that would have kept the prison open in the
budget year that started Oct. 1. The veto saved the state $18 million by ending
the state's contract with the GEO Group Inc., the private owners of the Michigan
Youth Correctional Facility. GEO, along with the Village of Baldwin and Webber
Township, filed suit in an Ingham County court against the Michigan Department
of Corrections and the Michigan Department of Management and Budget. The
company, based in Boca Raton, Fla., said the state can't end the lease because
there was no specific prohibition against using appropriated funds to pay the
lease in a Department of Corrections budget recently approved by state
lawmakers. But Granholm said the facility costs too much to run and houses few
of the violent young offenders it was meant to hold. The state sent economic
development workers to Baldwin to help local officials look for other business
opportunities for the city and county, one of the state's poorest.
October 7, 2005 Detroit Free Press
Republicans are charging that Gov. Jennifer Granholm sent the wrong message by
canceling the state's contract for an unneeded, privately run youth prison in
Baldwin. In fact, her message was exactly right. Granholm's budget veto last
week, ending the contract with the for-profit Geo Group, will save taxpayers $18
million a year. Thanks to new efforts to control the state's inmate population,
Corrections now has room -- roughly 680 spare beds -- to send the 480 teenage
boys at Youth Correctional Facility to other prisons. Most will go to an area
separate from adults at Thumb Correctional Facility in Lapeer. Instead of
supporting this sensible move to save money, Republicans are on the attack,
including a tasteless reference to "Hurricane Jennifer" by Rep. Goeff
Hansen, R-Hart. The GOP has argued that closing Youth Correctional Facility
would cost jobs, as if that were a reason to keep open a prison. Besides, the
state has pledged to transfer all of the facility's 150 corrections officers
into vacant positions at other prisons -- where they'll make more money and
receive better benefits. Michigan has closed several state-run prisons in the
last four years, including the Michigan Reformatory in Ionia and Western Wayne
Correctional Facility in Plymouth. Granholm was not picking on the privately run
Baldwin prison. Legally, Michigan could cancel its management contract, with
90-days notice, if the prison is no longer needed. Geo was notified June 30.
Republicans, who talk a lot about government waste, should think twice before
making the governor's veto a political issue. Granholm sent the right message to
businesses, citizens and taxpayers: During a budget crisis, Michigan will not
maintain costly and unnecessary prisons to subsidize jobs or appease
politicians.
October 3, 2005 South Florida
Business Journal
The Geo Group said it has lost a contract in Michigan. Accordingly, the company
has shifted its fourth quarter and year-end guidance. Available previous
guidance did not account for Geo's (NYSE: GGI) plan to merge with Correctional
Services Corp., so those numbers are no longer comparable to the new guidance.
The new fourth quarter prediction is revenue of $167 million to $174 million and
earnings per share from 31 cents to 34 cents. For the year, the new revenue
range is $725 million to $745 million and the new earnings per share forecast is
from $1.70 to $1.80. Boca Raton-based Geo had predicted as early as July it
might lose its work with the Michigan Youth Correctional Facility. The
correctional and detention management company said it is in the process of
determining whether an impairment charge related to the closure of the facility
is required and, if so, the appropriate timing. Media sources in Michigan have
indicated the state expects to save $18 million by ending its contract with Geo
and also plans to offer state jobs to the soon-to-be-shuttered facility's
workers.
October 1, 2005 Cadillac News
Gov. Jennifer Granholm's decision Friday to veto funding for the Michigan Youth
Correctional Facility in Lake County is a devastating blow to the economic
future of one of Michigan's poorest counties. The veto ends the state's 20-year
contract with the facility's management firm the GEO Group, Inc. The State
Budget Office defended the governor's move. Closing MYCF is expected to save
about $17.8 million from the Department of Corrections $1.88 billion budget.
"We found a significant budget shortfall in Michigan that forced us to make
difficult choices," said Greg Bird, director of communications for the
State Budget Office. "These prisoners can be housed in alternative
facilities at a savings to the taxpayer."
September 29, 2005 Michigan Live
More than 200 workers at the state's only private prison will be given top
priority for state job openings if Gov. Jennifer Granholm, as expected, vetoes
funding for the facility. Russ Marlan, spokesman for the Michigan Department of
Corrections, said Wednesday that human resources and civil service workers are
planning to meet with Michigan Youth Correctional Facility employees in Baldwin
next week to talk about state employment. The department also has plans to begin
moving some 470 prisoners to state-owned facilities if the $17.8 million for the
prison is vetoed.
September 23, 2005 Ludington Daily
News
Gov. Jennifer Granholm still plans to veto funding for the Baldwin prison, Liz
Boyd, a spokeswoman from her office, said this morning. The
Department of Corrections budget — which passed the Legislature with funding
for the prison intact — is expected to reach the governor’s desk soon, at
least by the start of the state’s new fiscal year, Oct. 1. As Lake County
residents await Granholm’s official action regarding the future of the
Michigan Youth Correctional Facility, several of those residents who received a
letter from the governor were left scratching their heads over portions of that
letter. The wording was confusing, acknowledged Russ Marlan, spokesman for the
Department of Corrections, but the result is the same. The DOC still proposes
shutting the facility down to save taxpayers money, Marlan said.
September 22, 2005 Detroit Free
Press
Political pressure is mounting on Gov. Jennifer Granholm to back off on closing
the inefficient and unnecessary Youth Correctional Facility in Baldwin. That's
bad news, because standing up to such pressure is not what Granholm does best.
This time, though, she needs to straighten her spine and do what she knows is
best for Michigan: End the $18-mllion-a-year contract with the private,
for-profit Geo Group to operate the so-called punk prison. For its size, the
youth prison is one of Michigan's most costly and inefficient. Moreover, the
maximum-security prison has been criticized for neglecting health and education
needs and for housing mostly lower-security offenders. Even if those problems
could be fixed, the 6-year-old prison is no longer needed -- and maybe never
was. The expected wave of young so-called superpredators never happened. The
Department of Corrections has done a better job of managing its population in
recent years. Michigan was one of the few states to lower its prison population
in 2003 and 2004, and Corrections has other initiatives to contain costly prison
growth. The state now has room to transfer the 480 teenage boys to strictly
segregated areas within adult institutions. Republicans have argued that closing
the youth prison would hurt Baldwin's economy, as if prisons are employment
agencies. Like other government programs, prisons exist to provide necessary
services, not subsidize jobs. Corrections' 2005-06 budget includes funding to
run the prison, but Granholm has said she would veto the money. Unfortunately,
Republicans still have reason to hope, because Granholm has backed down in the
past. This time she should not. Michigan can't afford to keep prisons open
simply to provide jobs or appease politicians.
September 14, 2005 AP
Young offenders at a private prison in Lake County are not spending enough time
in school and those who have mental illnesses and developmental disabilities
aren't getting adequate help, according to a federal lawsuit filed Wednesday.
The Michigan Protection and Advocacy Service Inc. filed the lawsuit against
state Department of Corrections Director Patricia Caruso, Michigan Youth
Correctional Facility warden Frank Elo and the GEO Group Inc., a Florida-based
prison-management company that owns and runs the prison. The group filed the
lawsuit in federal court in Grand Rapids. The group wants the court to order
improvements at the youth prison near Baldwin. Michigan Protection and Advocacy
Service is going ahead with the lawsuit although it appears the state will end
its contract for the prison. Democratic Gov. Jennifer Granholm likely will veto
funding for the prison in the budget for the fiscal year that begins in a few
weeks as a way to balance the budget, despite Republican support for keeping the
funding in place. In the lawsuit, the advocacy group says young inmates attend
class for as little as three hours a week despite a contract that requires 30
hours of weekly instruction for inmates with at least an eighth-grade education.
Isolated inmates and those in detention do not receive any instruction, although
they are required to receive some individually, the lawsuit said. Low-level
offenders at the youth prison are housed with inmates convicted of rape and
murder because of the facility's high-security classification, making it more
likely they will "find themselves the victims of prisoner assaults,"
the group said in a written statement. The advocacy group also said more trained
counselors are needed at the prison to help many of the young inmates who have
developmental disabilities and mental illnesses, said Stacy Hickox, an attorney
for the group. The prison has one full-time social worker for 480 inmates, the
group said.
September 9, 2005 AP
Democratic Gov. Jennifer Granholm and Republican legislative leaders have agreed
on the state's spending plan for the fiscal year that begins in less than a
month, a spokesman for the Senate majority leader said Friday. Senate Majority
Leader Ken Sikkema was expected to lay out the details of the roughly $40
billion budget at an 11 a.m. news conference, spokesman John Long said. Long
said the deal includes funding for the Newberry Correctional Facility and Camp
Manistique in the Upper Peninsula and a privately run youth prison in Lake
County. Granholm and Republicans have disagreed sharply over the corrections
budget. Granholm had proposed ending the state's contract with the Michigan
Youth Correctional Facility in Baldwin while Republicans had proposed closing
the Newberry facility.
September 1, 2005 Ludington Daily
News
State Rep. Geoff Hansen, R-Hart, and U.S. Rep. Pete Hoekstra, R-Holland, take
issue with Gov. Jennifer Granholm’s contention that the Michigan Youth
Correctional Facility in Baldwin, operated by GEO Group, Inc., is not efficient
and they are urging her not to cancel the 20-year contract. The fear is if the
contract is canceled, GEO will then close the prison and put the about 229 full
time employees there out of work. The prison’s operating budget for 2004 was
$13.4 million. Granholm, Friday in Ludington, stated the Michigan Auditor
General identified the prison as the least efficient in the state and said the
offenders in the 480 beds there could be absorbed into Michigan Department of
Corrections facilities. Hansen said he understands the Auditor General report
differently. He said if judged against other Level 5 prisons in Michigan, it is
the second most efficient prison of that type in the state. He said the Auditor
General was suggesting that the contract be renegotiated to allow the facility
to operate at a lower level, thus reducing costs. Rep. Hansen was more blunt.
“If this should happen and the state pulls the contract, the state better have
a plan for receivership for Baldwin Schools, Lake County and Webber Township.
They’ve been poor forever. They went out on a limb. They have a lot of debt in
the infrastructure,” he said. The facility pays $1 million in taxes, including
$400,000 to Baldwin schools.
July 12, 2005 Biz Journal
In a development the company said could hurt it financially, Geo Group said it
may lose a contract in Michigan. The Boca Raton-based prison management
firm said in a Securities and Exchange Commission filing it received written
notice June 30 from the State of Michigan Department of Management and Budget
stating the state of Michigan intends to cancel Geo's (NYSE: GGI) management
contract to operate the 480-bed Michigan Youth Correctional Facility in Baldwin,
Mich. The cancellation would be effective Sept. 30. Geo currently operates
the Michigan facility via to a management contract with the Michigan Department
of Corrections. The company did not give dollar amounts associated with the
deal. Yet, Geo said as a result of it efforts and efforts by the locally
affected community, the Michigan House and Senate have approved separate budget
bills that include funding for the Michigan Facility for Michigan's next fiscal
year, which begins Oct. 1. "The two budget bills will now go to a
conference committee for reconciliation and then to the governor for approval or
rejection," Geo said. However, the company cautioned there can
be no assurances the efforts to continue funding for the Michigan facility
beyond Sept. 30 will be successful. "In the event funding for
the Michigan facility ends on Sept. 30, 2005, Geo's financial condition and
results of operations would be materially adversely affected," the company
warned. Shares closed down 22 cents to $25.45. The 52-week high was
$32.70 on Feb. 8. The 52-week low was $17.02 on July 26.
July 7, 2005 Yahoo
On June 30, 2005, The GEO Group, Inc. ("GEO") received written notice
from the State of Michigan Department of Management and Budget that the State of
Michigan intends to cancel GEO's management contract to operate the 480-bed
Michigan Youth Correctional Facility in Baldwin, Michigan (the "Michigan
Facility"), effective September 30, 2005. GEO operates the Michigan
Facility pursuant to a management contract with the Michigan Department of
Corrections (the "DOC"). As a result of efforts by GEO and the
locally affected community, the Michigan House and Senate have approved separate
budget bills that include funding for the Michigan Facility for Michigan's next
fiscal year, which begins on October 1, 2005. The two budget bills will now go
to a conference committee for reconciliation and then to the Governor for
approval or rejection. There can be no assurances that the efforts to continue
funding for the Michigan Facility beyond September 30, 2005 will be successful.
In the event funding for the Michigan Facility ends on September 30, 2005, GEO's
financial condition and results of operations would be materially adversely
affected.
June 26, 2005 Detroit News
LANSING -- State
leaders will mothball a northern Michigan prison this year to save money, but
which facility to vacate has emerged as an issue pitting Republicans against
Democrats and two struggling counties against each other.
Gov. Jennifer Granholm and state Corrections Director Pat Caruso have targeted
a Michigan prison for teen offenders, near Baldwin, between Traverse City and
Grand Rapids. They estimate a savings of $7.5 million next year by moving its
inmates elsewhere.
Republican lawmakers, citing the economic blow the impoverished area would
suffer with the loss of 230 corrections officer jobs, have rejected that idea.
They want to shutter an Upper Peninsula prison in a converted state mental
hospital at Newberry and a Manistique prison camp, estimating that would save
$12 million. Budget legislation closing the Upper Peninsula prison and
camp "will not pass my desk," Granholm pledged last week during a
rally of U.P. residents and corrections workers. The governor accused lawmakers
of partisan maneuvering that ignores an analysis showing the privately run
Baldwin prison is too costly.
"Republicans want to keep the Baldwin prison open in defiance of their own
auditor general's report," she said.
The state auditor general reported Michigan's contract guarantees the prison
owner, GEO Group, a rate of $75.81 a day per inmate. That is a higher cost than
all but four of the other 37 prisons in the corrections system, according to the
report.
But Republican Rep. Jack Brandenburg of Harrison Township, head of a House
panel that debated the issue in April, said the plan to close the state's only
privately operated prison "sends a terrible message" to firms that
want to do business here. Democrats
accuse the Republican majority of voting to protect prison jobs in Republican
territory while sacrificing such jobs in the more-Democratic central U.P.
June 15, 2005 Detroit
Free Press
The fight over which state prisons to close has become ridiculously
political. Members of the state House, against all logic, approved closing
Newberry Correctional Facility and Camp Manistique in the Upper Peninsula and
keeping open the expensive and unnecessary Michigan Youth Correctional Facility
in Baldwin. The state Senate ought to reject this plan. For its size, the
so-called punk prison is one of Michigan's most costly -- and small wonder. It's
run by the private, for-profit GEO Group Inc., whose CEO was paid $2.2 million
last year to run a prison system that's considerably smaller than Michigan's.
The state's corrections director, Patricia Caruso, earns $130,000 a year. Of
more importance, the youth prison, which opened in 1999, is no longer needed --
and maybe never was. The expected wave of so-called super predators never
happened. The maximum-security youth prison, with gun towers and 16-foot razor
wire fences, has been criticized for neglecting health and educational needs and
for housing mostly lower-security offenders. The state's nonpartisan Office of
the Auditor General recommended reconsidering the state's contract with the
prison. Corrections professionals, in the best position to evaluate prison
needs, want to shut it down. Republicans have argued that closing the youth
prison would cost the Baldwin area, a Republican district, needed jobs. That's
hard to deny. But the argument cuts both ways. Closing Newberry would equally
harm that area's economy. The larger point is that government is not an
employment agency. It exists to provide necessary services. Michigan can and
should close a prison. Politics aside, the best choice for the state Senate is
ending the contract with Michigan Youth Correctional Facility.
June 3, 2005 The Evening News
Though clearly worried, a Luce County official today said the threatened
closing of state prisons in Newberry and Manistique is hauntingly familiar
territory for local people. On Thursday, a State Senate subcommittee voted 3-2
to close the Newberry prison and its subsidiary, Camp Manistique, in a money
saving move. The move stunned state Corrections Department officials, who
earlier recommended closure of a privately operated prison in Baldwin. Terry
Stark, chairman of the Luce County Board, today said the surprise move would be
"devastating" for Luce County, which is still struggling nearly 20
years after the state mental hospital pulled out of Newberry. The unexpected
prison closure switch followed a well publicized campaign by Lake County
partisans to preserve the much smaller and troubled youth correctional facility
in Baldwin. A recent state audit of prisons ranked that private prison among the
highest cost prisons in the state on a per-prisoner basis. Much larger than the
Baldwin prison, Newberry houses about 1,100 inmates. The prison and the
subsidiary Manistique camp employ 345 people, many of them local. A critical
element in a recent economic revival in chronically depressed Luce County, the
Newberry prison is the county's largest employer. The vote to switch Newberry
for the Baldwin prison followed strict party lines; the three Republicans on the
subcommittee voted for the move and the two Democrats voted against. The
apparent political partisanship that figured in the voting in Lansing pits two
rural counties in similar economic straits against each other. Baldwin and Lake
County are represented by a Republican. Newberry is represented by first-term
State Representative Gary McDowell (D-Rudyard). State Sen. Mike Prusi
(D-Ishpeming) charged the subcommittee Republicans with playing politics with
the prison-closing vote. "I am disappointed that my Republican colleagues
would play politics with people's jobs and the public's safety," Prusi said
in a statement.
May 27, 2005 AP
A new state audit says prison officials should consider whether to continue
sending young felons to a private prison in northern Michigan because it is one
of the most expensive prisons in the state. The report released Friday by the
Michigan Office of the Auditor General likely will help efforts by Gov. Jennifer
Granholm's administration to close the facility in Lake County's Baldwin to save
money in the fiscal year that begins Oct. 1. The audit said the state Department
of Corrections didn't efficiently use state money by housing youthful prisons
offenders at the Michigan Youth Correctional Facility. The report covers records
from October 2001 to November 2004. State auditors and the Corrections
Department estimate the state will save $7.5 million a year by canceling the
lease with The Geo Group Inc., a Boca Raton, Fla.-based prison-management
company that owns and operates the prison. A portion of that savings would come
from moving inmates between 17 and 19 to other facilities in the state, auditor
said. The state's contract with Geo guarantees $75.81 a day for each inmate at
the prison, the audit said. Only four of the state's 37 other prisons had a
higher per prisoner cost, it said. The audit also pointed out a number of
security concerns. Prison officials were not making sure employees were randomly
searched as they came and went and cells were checked by officers, both required
by the Department of Corrections, it said.
May 23, 2005 Detroit Free Press
Deep in the scrubby jack pine forests of Lake County, an unlikely battle is
brewing over the state's so-called punk prison. At issue is whether to close the
maximum-security prison for 484 teenage boys convicted as adults. Most
communities might be glad to see it go, but most aren't Lake County. Perched too
far inland to benefit from Lake Michigan's charms, the county often leads the
state in unemployment and poverty. So, in the 1990s, when then-Gov. John Engler
came courting with an offer of well-paying jobs in the state's first privately
run, for-profit prison, many embraced it. Since its opening in 1999, though,
parents of inmates have alleged physical, sexual and mental abuse at the
Michigan Youth Correctional Facility in Baldwin. A watchdog agency has accused
the Florida-based GEO Group Inc., which owns and operates the prison, of
neglecting inmates' health, education and rehabilitation. One sign of trouble,
critics say, is the high number of suicide attempts from last October through
March. Now, Gov. Jennifer Granholm wants to yank the state's $18.8-million
contract with GEO Group to help trim a projected deficit that could top $770
million. The inmates -- many of whom are from metro Detroit -- would be shipped
to adult prisons by Oct. 1. Critics of the prison, including parents, back the
governor. This month, an independent inspector hired by the state substantiated
eight violations from myriad complaints made by Michigan Protection &
Advocacy about the prison's educational programs. Among other things, the prison
was faulted for failing to get inmates' prior school records to determine what
services they need. "I really can't comment on that report yet because
we're still formulating our response to what their findings were," Allen
Haigh, the prison's deputy warden for programs, said last week. The contract
calls for providing 30 hours of education a week for those testing at or below
an eighth-grade level. Guidelines aren't set for other inmates. Haigh said
students usually attend classes for 2 1/2 hours. Kristen Whaley, whose
18-year-old son Kevin Waller began serving a 5- to 15-year sentence in July on
invasion, larceny and weapons charges, said he has told her he's in school only
about an hour a day. Critics say the prison has imposed overly harsh
punishments. Michigan Protection & Advocacy attorney Stacy Hickox said a few
prisoners have been kept in administrative segregation -- the equivalent of
solitary confinement -- for hundreds of days. "People have become suicidal,
in a real deep depression," Hickox said. She said one prisoner with
mental-health needs spent 432 days in segregation since December 2003, and
another spent 152 days there in 2003. Segregated inmates are allowed books and
some personal items and are to get an hour of recreation a day, five days a
week. The GEO Group's report to legislators showed 15 suicide attempts at the
prison between July and September 2004, and 61 attempts from October 2004 to
March 2005. Warden Frank Elo said each incident is addressed seriously. Michigan
Protection & Advocacy investigators said they have verified allegations of
beatings and rapes involving inmates, and verbal and other abuse claims against
workers. Experts acknowledge cruelty and violence are part of any prison
culture, and Elo said, "One of the realities is this occupation is prone to
inmates that try to escape, assault each other or employees." Elo said that
in July his facility achieved a near-perfect rating from the American
Correctional Association, a national accreditation board that reviews Michigan's
other prisons. Still, parents like Whaley complain that their children aren't
safe at the prison, where lesser offenders aren't segregated from inmates
convicted of violent crimes.
May 20, 2005 Detroit Free Press
Some Republicans in the state House who consider themselves fiscal watchdogs
are making an ill-advised effort to keep open an expensive prison that Michigan
doesn't need. Keeping the maximum-security prison in Baldwin running for 480
teenage boys would cost the state $18 million next year. The state can better
serve its taxpayers and young offenders by shutting down the Michigan Youth
Correctional Facility, effective Oct. 1, and transferring the prisoners to
strictly segregated areas within adult institutions with room. The so-called
punk prison, run by a private, for-profit company, opened six years ago to house
the most violent young offenders, convicted as adults. But the wave of so-called
super predators never happened. The maximum-security youth prison, with gun
towers and 16-foot razor wire fences, has come under fire for neglecting health
and educational needs and for housing mostly lower-security offenders. Some were
not even convicted of violent crimes. Most in the youth prison are adults 18 or
19. They move into adult prisons at 20. No doubt, ending the state's contract
with Geo Group Inc. to operate the prison, as Gov. Jennifer Granholm proposed,
will hurt the local economy. That's unfortunate, but government programs like
prisons exist, primarily, to provide necessary services, not subsidize jobs. If
the head of the Detroit Department of Transportation asked for more state aid to
keep bus-driving jobs and boost Detroit's economy, he'd be run out of Lansing.
The Department of Corrections must manage its prisoner population to control its
costs. It has done so in the last few years, as one of the few states in the
nation to report slight decreases in 2003 and 2004. The department has closed
the Western Wayne Correctional Facility in Plymouth, the State Prison of
Southern Michigan in Jackson and the Michigan Reformatory in Ionia. With 850
open beds, the state can move the 480 youth prisoners into the state system at
no added cost. To help close a projected $770 million budget hole, the state
ought to shut down its costly and unnecessary youth prison.
April 27, 2005 Michigan Live
Gov. Jennifer Granholm's proposal to shutter the state's only privately run
corrections facility, the so-called punk prison in Baldwin, should be shelved,
say privatization advocates who point to studies showing that competition from
private companies saves the prison system money. But others, including two
former Republican senators who voted for the private prison, argued at a
legislative budget hearing Tuesday that there's no need for the maximum-security
prison for teens because juvenile crime has dropped. At issue is $18.8 million
the state hopes to save next year by ending a contract with the Geo Group of
Boca Raton, Fla., for housing 480 offenders 19 and younger in the Michigan Youth
Correctional Facility in Lake County. The prison, the state's only private
facility, opened in 1999. Granholm has proposed breaking a lease with the Geo
Group and absorbing the inmates into other state-run facilities. State officials
say that juvenile crime has dropped and predictions about "juvenile
predators" never materialized. Mel Grieshaber, executive director of the
Michigan Corrections Organization, said he was upset that he wasn't allowed to
testify Tuesday, although he was given a short time to testify last week.
Michigan Protection and Advocacy, which monitors inmates with disabilities, as
well as families of two inmates who are upset at programs and safety at the
prison, also were prepared to testify but weren't called upon. MP&A reported
that inmates with special education needs are only getting three hours a week of
instruction, instead of 30 hours a week called for in the state's contract.
February 27, 2005 Michigan Live
It will cost taxpayers about $40,000 apiece this year to incarcerate 300
minimum security teen-agers at the privately run, maximum security "Punk
Prison" in Baldwin. That's $15,000 more than the cost of out-of-state
undergraduate tuition at the University of Michigan. And $20,000 more than the
cost of incarcerating low-risk inmates at a regular Michigan prison camp. When
it was proposed by then-Gov. John Engler in 1996, Lake County's Michigan Youth
Correctional Facility was billed as serving two purposes. Neither appears to
have been meet. The first was to lock up behind tall fences and rows of razor
wire hundreds of the most dangerous, predatory teen-agers in the state. As the
Michigan Department of Corrections' own numbers suggest, the estimated number of
such vicious predators terrorizing the streets was wildly inflated. A second
point was to establish the principle of privatization in what had traditionally
been a government responsibility to provide for the public safety. Nearly a
decade after it was proposed, however, the youth lockup remains the Department
of Corrections' only privately operated prison in the state. Given the high cost
of operating the facility, Gov. Jennifer Granholm is proposing to end the
state's $19 million annual contract with its owner and operator, Geo Group Inc.
of Boca Raton, Fla. Not only is it bad prison policy to incarcerate hundreds of
minimum security 18- and 19-year-old adults in a prison designed to house
violent juveniles, it's a bad deal for taxpayers. The annual cost of running a
low-level camp or prison is not $40,000 per inmate, but about $20,000. Since the
state has the bed space to house the Baldwin prisoners in other, state-run
facilities, that $19 million represents net savings.
May 2, 2004
Five years after Michigan opened its only private, for-profit prison -- the
so-called punk prison in Baldwin -- critics charge that taxpayers are getting
soaked for high-security costs when a majority of the young inmates could be
housed in lower-security facilities. The Michigan Youth Correctional
Facility was part of a sweeping juvenile justice reform package approved in 1996
that promised "adult time for adult crime."The prison was constructed
for maximum security, usually reserved for inmates who try to escape or commit
new crimes while in prison. It comes complete with two manned gun towers and an
armed response vehicle that circles the perimeter 24 hours a day. But the
hordes of violent juvenile offenders expected to fill up the facility have
yet to materialize. Less than one-third of the inmates there last week
were Level 4 and 5, the highest security levels, while two-thirds were
Levels 1 and 2, the lowest security levels. Those lower-security levels are
assigned to inmates committing less serious crimes or with good behavior over
time inside the prison. "It's incredible that we are operating a
system where there's only two ways to get to maximum security. One is by
serious misbehavior in prison, and the other is by being a kid," said
Barbara Levine, executive director of the Citizens Alliance of Prisons &
Public Spending, a Michigan prison spending watchdog group. Michigan
will spend $19.27 million next year on the 480-bed prison. A study by
Levine's group found that most at the facility weren't even juveniles when they
committed their crimes. CAPPS found that 58 percent of those in the prison in
May 2003 were considered adults, defined as 17 or older, at the time of their
offenses. The facility was originally aimed at juveniles who commit crimes
serious enough for judges and prosecutors to move them to the adult system.
The CAPPS report found seven first-degree murderers, 21 second-degree murderers,
108 armed robbers and 58 sex offenders in May 2003. It also showed inmates
convicted of nonviolent crimes, including 32 home invasion sentences, 15
breaking and entering, 19 drug charges and 10 on car theft. The prison is
run by the Boca Raton, Fla.-based Geo Group Inc., formerly Wackenhut Corrections
Corp. Elizabeth Arnovits, executive director of the Michigan
Council on Crime and Delinquency, said the state is simply filling up the prison
with other teens when the wave of "superpredators" predicted in the
mid-1990s didn't happen. "Why are we paying this private provider for
a Level 5 facility, when in fact they are having predominantly minor offenders
who don't need that kind of security?" said Arnovits, whose group
advocates for crime-prevention programs. "The few that are Levels 5
that have committed terrible crimes need to be in a special place, but it
doesn't have to be this hugely expensive prison." Part of the effort
in the 1990s was to move a portion of hard-core juveniles from expensive
treatment beds in the state social services agencies to more of a
punishment-oriented approach. The daily rate at the state's high-security
juvenile facility, Maxey Training School in Whitmore Lake, is $327, according to
the Family Independence Agency. The wrong kids are going to the youth
prison, said Jon Cisky, a former state senator who worked on the juvenile
justice package and is now a criminal justice professor at Saginaw Valley State
University. "A kid in on a b&e doesn't belong in a
maximum-security prison," said Cisky, who also works with a company
specializing in juvenile rehabilitation. (Lansing Bureau)
May 2000
After an expose' by the Grand Rapid Press into allegations of abuse and staff
shortages, the state removed 140 inmates from this Wackenhut facility.
Legislative hearings have been called for.
Michigan
Department of Corrections
Prison Health Services (formerly Correctional Medical Services)
February 21, 2010 Jackson City Patriot
Kenneth Rhinehart has known since he was convicted of first-degree murder in
1973 that he likely will die in prison. But he always expected to see a doctor
when the time came. Rhinehart, 58, of the G. Robert Cotton Correctional Facility
in Blackman Township, has irreversible liver disease and probably cancer, too. A
prison doctor filed a request in September for a surgical biopsy, but Rhinehart
is still waiting to see a specialist. He has no official cancer diagnosis, no
treatment plan, no pain pills and no explanation for the delay. "The doctors up
north found a mass in my abdominal cavity the size of a grapefruit. This will
not go away," Rhinehart said. "I'm dying and I am in a lot of pain. I need them
to do something." Treatment for inmates -- Sick inmates like Rhinehart often are
transferred to the Jackson area because Jackson is the center of the prison
health-care system. Medical advantages in Jackson include the state's only
secure hospital unit for treating inmates, located on the seventh floor at
Allegiance Health. Prison Health Services Inc., a national company based in
Tennessee, runs medical services in Michigan prisons under a three-year, $326
million contract. No one at Prison Health Services would comment on Rhinehart's
case, citing factors including his right to medical confidentiality. The company
responded in writing to more general questions by saying cancer cases "are
treated according to medical necessity and in compliance with Michigan
Department of Corrections policies. Chemotherapy and radiation treatment may be
part of this treatment regimen." PHS, which has had the Michigan contract less
than a year, "is committed to providing quality health care in an efficient
manner throughout the Michigan corrections system." How much care? -- It's a job
filled with difficulties that begin with a debate over how much medical
attention prison inmates deserve. Michigan cannot afford and does not intend to
provide "the gold standard of care" to prisoners, said Corrections Department
spokesman Russ Marlan. But Michigan must provide enough care to meet the
standard of prisons without cruel and unusual punishment. "We try to be
somewhere in the middle," Marlan said. "We try to provide good-quality care
because that keeps the long-term health-care cost down." Critics often say
medical care in prisons falls short. A study earlier in this decade — well
before PHS had the contract — found more than 30 percent of Michigan inmates
with cancer had their treatment interrupted, said Elizabeth Alexander, a
Washington, D.C., lawyer active in inmate-rights cases. "I don't know why they
don't treat people," Alexander said. "But there is a particularly terrible
history of not treating cancer." Rhinehart has been in prison long enough to
have some idea of how the inmates' view of the medical care has changed over
time. "There were always a lot of complaints, but at least the guys were being
treated," Rhinehart said. "They weren't crazy about the quality of the care, but
they got care."
February 10, 2009 AP
Michigan has awarded a three-year, $326 million contract to a Tennessee company
to treat prisoners with medical problems. A state board approved the contract
Tuesday, which means the company currently overseeing prison health care will be
replaced starting in April. Brentwood, Tenn.-based Prison Health Services will
take over for St. Louis-based Correctional Medical Services. CMS has hired
doctors and others to see Michigan prisoners for about a decade. But a year ago,
an independent review found that most doctors, nurse practitioners and physician
assistants were seeing too few prisoners a day. The review was ordered by Gov.
Jennifer Granholm in 2006 after reports of inmates dying because of inadequate
care.
April 4, 2008 Capital News Service
The Department of Corrections (DOC) has left many prisoners without proper
medical care, according to a new report from the Office of the Auditor General.
More than half of prisoners with chronic medical conditions, such as heart
disease, lung disease, and neurological problems, weren't seen for regularly
scheduled visits with health care professionals, according to the report. The
report also noted cases where annual clinic visits and requested visits had been
missed. DOC issued a preliminary response agreeing with the audit's findings,
and saying that it has fixed or will fix the problems it identified. But DOC
also contends that the audit misrepresents the state of health care in its
prisons. For example, it says the report ignored unscheduled visits to clinics
made by prisoners. The study looked at 130 inmates who had asked for medical
assistance and found that only four hadn't been treated, although many visits
were late. DOC indicated that a shortage of employees was partially to blame for
its failure to comply with scheduling policies. The department has dozens of
vacancies in its nursing and health care professional staffs. Sandra Girard,
executive director of Prison Legal Services of Michigan in Jackson, said the
report focused too much on bookkeeping. "It doesn't address the quality of the
care provided." "People with chronic illnesses just do not receive good care,"
Girard said. Girard also said that the delays in medical help noted in the
report are costly in the long run because chronic conditions are likely to
worsen when left untreated. Russ Marlan, public information officer for DOC,
said the recommendations were helpful. He said large-scale efforts to improve
the department's medical services have been underway for some time and the
criticisms raised over health care are being addressed. Other parts of the
report were largely neutral, finding only small problems with items like the
department's management of staffing and of prisoner medications.
March 11, 2008 The Detroit News
Internet chat room promises of sex with a child brought 27 men hurrying to
an unassuming suburban home this weekend. But it was police who were waiting
instead of the anticipated teen boy or girl the men, including a doctor from
Canton Township, thought they were chatting with online. It was a highly
motivated crowd. Four took taxi cabs. One man rode a bicycle through the cold
from Ypsilanti. Another was dropped off at the undercover decoy house by his
sister. All of them got arrested and Michigan Attorney General Mike Cox said
Monday that the cooperative venture with Wayne County sheriff's deputies and Van
Buren Township police expects to round up many more men who made explicit plans
with undercover police and volunteers from a nonprofit group that helps law
enforcement agencies catch Internet predators. "The truth is stranger than
fiction," Cox said. "One man was stopped by police on his way to the home on a
shredded tire. He still continued to the house." The men, ranging in ages from
19 to 57 were arrested Friday, Saturday and Sunday at the home in the Walden
Woods subdivision. The white-sided, two-story house had been unoccupied, but was
made to look inviting enough to cause one man to expose himself to police when
he walked in, said Cox. "The universe of people out there that are pedophiles is
significant," said Wayne County Sheriff Warren Evans, indicating that deputies
in his undercover Internet Predator Unit routinely attempt to engage in Internet
conversations with people interested in having sex with children. All but one of
the men is from Michigan, and most are from Metro Detroit. One man came from New
Jersey. The men were to have been arraigned on charges by Monday that carry up
to a 20-year prison sentences. One of those arrested included Dr. Audberto Cesar
Antonini, who holds a valid medical license according to the Michigan Department
of Community Health Bureau of Health Professionals. Antonini, 51, until recently
worked as a contract physician in the Michigan Department of Prisons system. His
contract was terminated several months ago at the request of prison officials,
according to Ken Fields, a spokesman for Correctional Medical Services, the
prison's health care provider. Although Antonini also was listed on documents
provided Monday by police as an employee at W.A. Foote Memorial Hospital in
Jackson, Antonini has never been on the hospital staff, said Terry Christian,
the hospital's manager of medical staff services.
February 6, 2008 Grand Rapids Press
As medical director for a Grand Rapids clinic serving low-income patients,
Dr. Jack Walen is no stranger to the medical problems of former prison inmates.
The past year as technical adviser for a study of health care in Michigan's
prisons gave him insight into what it's like for those still behind bars. The
study, released today in Lansing, is the latest of several criticizing the
quality of health care in the state's prisons. This one, prepared by the
American Friends Service Committee and Prison Legal Services of Michigan -- two
non-profit groups that advocate for prisoner rights -- recommends 32 changes to
improve health care in the prisons. "I think the biggest issue, practically
speaking, is most of these prisoners are not in for life," Walen said. "They're
going to get out." Some come out with infectious diseases, such as hepatitis C,
that often have gone untreated in prison and can be spread to those on the
outside, he said. Some, due to inadequate care while incarcerated, become a
burden to hospitals and other health care providers in the community. "Either
way, the community loses," Walen said. "We, as taxpayers, ought to be outraged
at the amount of money spent without adequate oversight for substandard care."
He emphasized his volunteer work editing the report was separate from his role
as medical director for Catherine's Care Center, a clinic that serves hundreds
of uninsured patients every year. The report noted as examples Timothy Souders,
who died of heat exhaustion in August 2006 while shackled to a bed at Southern
Michigan Correctional Facility in Jackson; Jeffrey Clark, who died in July 2002
of dehydration at the Bellamy Creek Correctional Facility in Ionia after the
water to his cell was shut off; and Anthony McManus, who starved to death in the
Baraga Maximum Security Facility in September 2005. "I think there's a definite
culture within the department to deny problems when they arise," said one of the
study's authors, Natalie Holbrook, of the American Friends Service Committee.
The report recommends reviving the Legislative Corrections Ombudsman, a position
the Legislature eliminated in 2003, and creating a permanent legislative
committee to oversee prison medical care and mental health care. Some of the 32
recommendations are similar to those in a study by the National Commission on
Correctional Health Care (NCCHC) released two weeks ago. Gov. Jennifer Granholm
ordered that study after several news reports about health care in the prisons.
The Corrections Department plans to follow virtually all 56 recommendations in
the NCCHC study, spokesman Russ Marlan said, adding he is not surprised the
latest report is highly critical of the department. "With a title like
'Tolerating Failure,' I figured it probably was not going to be a ringing
endorsement of our program," he said. While placing most of the blame on the
Corrections Department, the report also faults Correctional Medical Services
(CMS), the for-profit company that has been paid nearly $670 million over the
past decade to provide medical care in the prisons. A CMS spokesman released a
statement saying: "We are focused on working with the Department of Corrections
to continually strengthen the areas of Michigan's inmate healthcare system in
which we play a role. It is important to note that no one from the organizations
issuing this report even attempted to get the facts about inmate healthcare from
Correctional Medical Services." Penny Ryder, of the American Friends Service
Committee, said she hopes the growing weight of criticism will prompt
corrections officials to improve health care. "It angers me that it took these
people dying and full embarrassment in the press for this to happen," she said,
adding, "I'm not totally convinced they will do the right thing in the future."
January 23, 2008 Detroit News
An independent audit released Tuesday said Michigan's $300-million-a-year
prison health care system is fractured and inefficient, leading to unnecessarily
high costs, impeding inmate access and diminishing the quality of care. The
state needs to reorganize prison health care services, retrain staff, practice
more preventive care, fix its electronic medical records system and hold medical
providers more accountable for the services they provide, said a 131-page report
compiled after a year-long review by the Chicago-based National Commission on
Correctional Health Care. "Most of the problems we identified were attributable
to system failures, rather than to individuals not doing their jobs," the
$400,000 report determined. "We believe the most pressing problem for the
Michigan Department of Corrections is to address the lack of medical service
provider coverage and their generally low productivity. "Until this occurs,
access to care, quality of care and health care staff morale will continue to
suffer." State corrections officials said they agree with the report's findings
and added the department's own health care improvement team is implementing many
of the commission's 56 recommendations. "We have realigned our resources so we
have more oversight," said state Corrections Director Patricia Caruso. "We do
have the information and tools to restructure this delivery system and get to
where we want to go." A federal court case, media attention and reports of
inmates dying because of inadequate care prompted Gov. Jennifer Granholm to
order the review in 2006. A U.S. District Court ordered the appointment of an
independent monitor and called the state's system "systematically defective" and
"dangerous." The revamping won't include firing Correctional Medical Services
(CMS), an often-criticized private company that has provided HMO-style managed
care in the Michigan prison system for the past 10 years, Caruso said. In fact,
the contract with the company has been extended by a year, she said. The report,
however, says the state should "seriously reconsider the advantages and
disadvantages of continuing to contract out provider services," adding that if
the state isn't paying medical staff salaries competitive with private industry,
it should consider raising them. The report is critical of CMS, saying there are
long patient waiting lists, and the company lets many medical provider shifts go
unfilled. "We were told that CMS can unilaterally choose to reduce provider
staffing from five days a week to two days a week, if it has trouble recruiting,
and that CMS is not subject to any penalty or disincentive," the report said.
Some staffing cutbacks violated the state contract, according to the report. The
commission found that the department had a monitor for the CMS contract "but it
is not clear what he actually did. This contract has been running for over 10
years, and we were not provided a single monitoring report." The report called
the health care system "cumbersome," adding that it "results in duplication of
administration, services and materials." An example: A female inmate attempted
suicide by hanging. After guards got her down, she crawled under a bed and
yelled that she wanted to die. A psychiatrist was called but did not come,
saying he only sees patients after they've been evaluated by a psychologist. She
eventually was evaluated and referred to the psychiatrist, which took more than
45 minutes. "This is an unacceptable response to an emergency situation,
directly attributable to a faulty organizational structure," the report says.
Problems with management of prison pharmacies also were cited. There are delays
in receiving same-day medications and a number of drugs aren't available, the
report said. Criticisms also are aimed at Serapis, the electronic medical record
system. The report says it is difficult to search and loses relevant patient
history information, and clinical documentation is "achingly slow" -- taking
time from physician-patient visits. If the department rectifies inefficiencies
in the prison health care system, the state should save money, according to the
report. Caruso acknowledged the department's responsibility to taxpayers, but
added: "Totally aside from money, it's about human lives." She said the reformed
system won't cost taxpayers more. "We're taking positions that haven't been
filled and are available to be funded and assigning them to health care," she
said. Barbara Levine, executive director of the Citizens Alliance on Prisons and
Public Spending, an inmate advocacy group, said she's wary of any plan that
professes to lower costs and improve health care for the 50,000 state inmates.
"If it saves money while adequately protecting the health of prisoners, that's
good," she said. "But when they went to managed care, that didn't happen. I'm
always cautious about how money will be saved."
July 18, 2007 AP
Michigan will switch to HMOs to provide health care to the state's about
50,000 prisoners, Corrections Director Patricia Caruso says. The plan calls for
up to six health maintenance organizations to supply care for inmates, Caruso
told the Detroit Free Press on Tuesday. The services now are provided under a
statewide managed care contract. The HMO contracts are scheduled for
implementation in March, when current contract expires. The prison system will
pay at least $300 million in health care costs this year, excluding security and
transportation costs for doctor and hospital visits, Caruso said. "I absolutely
think our costs can come down," she said, declining to estimate what the savings
might be under the HMO system. Federal courts have been overseeing health care
at state prisons in Jackson after inmates sued over what they said was
inadequate care. Caruso said she understands public resentment over free health
care for prisoners when many honest people go uninsured. But, she added,
"prisoners are virtually the only people in our society with a constitutional
right to health care."
February 28, 2007 The Grand Rapids Press
Fredrick Heinz needed medical care to save his life.
Doing time in Marquette Branch Prison, he begged prison doctors to treat his
hepatitis C, but was turned down, told it would cost too much, a friend, Jackie
Deming, told a state legislative committee Tuesday. When he was diagnosed with
stomach cancer in November, Heinz asked for pain medication and was given two
Tylenol in the morning and two at night, Deming testified. But when he asked for
something stronger, the doctor took away the Tylenol, she said. He was scheduled
for cancer surgery, but then was transferred to another prison where the medical
personnel said they had no record of his illnesses. "He will never again be lied
to and jerked around like a wounded animal," said Deming, of Hudsonville. Heinz
died Feb. 5 at age 51. Deming's testimony came minutes after state Corrections
Department officials assured the same panel -- the Corrections Subcommittee of
the House Appropriations Committee -- that inmates receive adequate medical
care. "We meet the community standards that are provided in any HMO," Barry
Wickman, head of the Corrections Department's bureau of fiscal management, told
the subcommittee. Tuesday's hearing came as the Corrections Department is under
the competing pressures to cut its budget while improving medical care for
prisoners. The department's contract with Correctional Medical Services, the
for-profit company that has provided medical care in Michigan's prisons for the
past decade, expires May 1, but Wickman said the department may extend it
another year while the National Commission on Correctional Health Care conducts
an investigation ordered by Gov. Jennifer Granholm. William Clancy, a prison
psychologist and union steward, spoke out against what he called "the hoax
perpetuated by the Department of Corrections as far as the quality of health
care in the prisons." Every year, the department files the same report assuring
the Legislature that CMS is providing medically necessary services to prisoners.
"I ask you, if CMS is providing medically necessary service, then why are
prisoners dying unnecessarily?" Clancy said. He noted the case of Anthony
McManus, who died Sept. 8, 2005, in the Baraga Correctional Facility after CMS
doctors repeatedly failed to heed nurses' requests to examine him. McManus, who
was mentally ill, refused to eat, and his weight dropped from 140 pounds in
April 2005 to 75 pounds five months later, when he died. "The citizens of our
great state will be paying off wrongful death lawsuits for years to come,"
Clancy warned the legislators. His remarks were echoed by Gary Peterson,
employed to schedule inmates' medical appointments at Marquette Branch Prison.
Before the state privatized the medical care, the prison had three doctors, each
seeing an average 25 to 30 inmates a day, said Peterson, a steward for the UAW
local representing some prison employees. After CMS took over the care, the
prison was cut back to one doctor seeing an average of eight to 10 patients a
day, he said. The CMS doctors frequently quit, he said, leaving the prison
without a physician. On Monday, a CMS doctor was fired, Peterson said, because
he was not fully licensed to practice medicine in Michigan. "I believe the
attorney general should be asked to look into the handling of this contract, as
well as CMS's failure to honor its obligations," Peterson said.
December 12, 2006 Detroit Free Press
Lloyd Byron Martell lies on a bed in Dearborn's Oakwood Hospital, sets the
disc player above the colostomy bag on his stomach and slides on the headphones.
He shuts his eyes and smiles. For a minute or two, the old-school sounds of Sade
make the world go away. "Smooth operator," he sings, way off key. "Smoooooooth
operator." Then reality smacks him. He jerks up, coughing, spitting blood and
phlegm into a plastic bowl. Waves of nausea run though him. His chest tightens,
stomach spins, head pounds. Martell's colon cancer has spread to his lungs. His
weight is down from 224 to 180. At 41, he has six months, maybe a year, to live,
says his oncologist, Dr. Parvez Khan. Martell didn't have to go out like this.
In 2004, driving on a suspended license, he fled from Redford police who tried
to pull him over for a broken rear window. He got 1-4 years, but prison doctors
effectively turned that short bit into a death sentence. Martell, of Detroit,
was released in August to die. His cancer could have been contained had the
Michigan Department of Corrections treated it two years ago. But like hundreds
of Michigan inmates, Martell got a double sentence: one handed down by the court
and another executed by a deadly and dysfunctional prison health care system. So
now, once a week, the chemo drips into a port in Martell's chest and through a
main artery, delivering the chemicals that kill his cells, cancerous and healthy
alike, to prolong his life a few more months. Sometimes he wonders if it's worth
it. It would be easier just to pop OxyContin and ride out his last few months in
a haze. Without chemo, though, the cancer could spread to his liver and brain.
"I don't want it to get any uglier, Dog," he tells me. Still, "every time I do
this chemo, I wonder why. In the end, it's not going to change anything. I just
want some time without throwing up, without pain, without doctors." The cancer
can be slowed, but the beast cannot be stopped. The only time Martell cries is
when he thinks of how things could have been. "They killed me, with their evil,
neglectful ways," he says. Potentially curable if treated earlier. In December
2004, Martell had what he believed was a hemorrhoid lanced in prison. Medical
records show it was actually a cancerous polyp. Dr. Jerome Wisneski, who works
for Correctional Medical Services Inc., failed to treat it. By October of last
year, Martell was bleeding from the rectum and unable to walk. He was sent to
Foote Hospital in Jackson, which contracts with CMS for specialty services.
Doctors told him he had terminal cancer. In an oncology report, they noted that
his cancerous polyp was not treated, though CMS spokesperson Amanda Brown said
in an e-mail that Martell "received prompt care." There are no guarantees with
cancer, even with early intervention. But the earlier it's treated, the better.
Martell's cancer was potentially curable when it was discovered two years ago.
Martell's case isn't the first that Wisneski botched. In 1996, he disregarded a
bile leak in inmate Richard LeMarbe's abdomen, court records show. Another
doctor later found 3 1/2 gallons of bile in LeMarbe's abdomen, causing serious
damage that required several surgeries. In 2001, LeMarbe, now 73, and his
attorney settled for $150,000 in a case that went all the way to the U.S.
Supreme Court. They would have gotten a lot more if LeMarbe, serving 25-50 years
for second-degree murder, hadn't been an inmate. Martell's attorney, Brian
McKeen of Detroit, is suing Wisneski, the Department of Corrections and
Correctional Medical Services Inc. for medical malpractice and constitutional
violations. But Martell probably won't live to see the money. It will go to his
mother, father and 6-year-old son, Loyal, who lives with his mother in Missouri.
"I won't be around to take care of my son," Martell says. "I don't want him to
have to worry about anything." An oasis of hope. Peacemakers International
mission sits on Chene on Detroit's east side, surrounded by vacant lots, drug
houses and empty, burned-out buildings. It's an oasis of hope, where the
homeless, addicted and afflicted come to pick up the pieces of a broken life.
Martell has not come here to die, but to live. He first came to Peacemakers four
years ago. While driving down Gratiot, a stray .38-caliber hollow-point grazed
the back of his head. The car's rear window and headrest slowed the bullet
enough so that it just penetrated the surface of Martell's skull. Inside the
mission, Martell pulled out the bullet and prayed. The Rev. Steve Upshur --
"Pastor Steve" -- took him in. After Martell got out of prison in August, he
came back to save his life again. Upshur, 57, a maverick minister and former
heroin addict, wears black denim, flowing gray curls and feathered earrings. His
church works with drugs addicts, prostitutes and anyone who needs hope and love.
Upshur figures that's what Jesus is all about. "Pastor Steve always had the door
open, even when I wasn't right," Martell says. He goes back and forth between a
vacant house on the west side owned by his father and the Jesus House men's
shelter run by Peacemakers International. Martell spent his first few days out
of prison with his mother, Donna Martin, in Dearborn. More than anyone else,
Martin, 60, has been there for Martell when he was in prison and before. Still,
the two fought when Martell was at her home. They agreed it was best that he
stay somewhere else. At the church mission, Martell found new peace. He had been
running all his life, chasing the next high, whether it came from drugs,
fighting or drag racing. Bored with high school, Martell dropped out in his
sophomore year, earned a GED and, at 19, became a diesel mechanic for the
Detroit Department of Transportation. His father, Lloyd Byron Hill, also worked
for DDOT and raced cars semiprofessionally, as did Martell. Martell was smart
and worked hard, often earning more than $1,000 a week as a mechanic, but he'd
blow a lot of it on alcohol and drugs. "I had problems with alcohol, drugs and
my temper," Martell says. "But I got up and worked every day. My plan was to go
back to the dealership and work as mechanic. "Now all my dreams are shattered."
Martell gets $800 a month in disability from Social Security. Medicaid covers
medical bills. Fresh out of prison, he was almost in a rage, but he has since
let much of that anger go. "I'm ready to die," he says. "I've made peace.
There's no way I can carry all that anger around. That will kill you, too."
Telling his story has helped him heal. I watched him tell it, his voice raspy
and raw, at a weekday service at Peacemakers a month ago. On Nov. 16, he told it
again at a Lansing public hearing on prison health care sponsored by Prison
Legal Services of Michigan and the American Friends Service Committee. He spoke
from the heart and, when he finished, 100 people stood up and applauded. "I'm
just trying to save the next man," he says. Martell's story and those of others
like him, along with public pressure, have made a difference. Gov. Jennifer
Granholm has ordered a review of the prison health care system and a federal
judge has also ordered changes. Martell's body is failing but, somehow, he feels
free. He can't save the world or even his own life, but he's trying to make
things better for others. There's no better way to live or die. JEFF GERRITT is
a Free Press editorial writer.
December 8, 2006 WOOD TV 8
A federal judge on Thursday held the state Department of Corrections in
contempt and threatened $2 million in fines unless it hires more physicians at
Jackson prisons. In a scathing 61-page opinion, U.S. District Judge Richard
Enslen ordered the department to hire extra doctors within four months. He said
inmates' health care is "systematically defective, dangerous and readily results
in preventable death, illness and suffering due to untreated serious medical
conditions." Enslen also ordered that the department hire more nurses, file a
staffing plan within three months and create independent monitoring offices at
the prisons to handle inmates' complaints. Health care at the Jackson facilities
has been under federal oversight for years, the result of a long-standing
lawsuit by prisoners represented by the American Civil Liberties Union's
National Prison Project. Enslen cited delays causing prisoners to not get proper
treatment until it was too late. He said a prisoner deserves to serve his
sentence and nothing more. "What he does not deserve is a de facto and
unauthorized death penalty at the hands of a callous and dysfunctional health
care system that regularly fails to treat life-threatening illness," Enslen
wrote. Corrections spokesman Russ Marlan said he couldn't comment specifically
on the ruling because state attorneys were still reviewing it. He said, however,
that it's an "ongoing battle" to recruit and retain health care workers to work
inside prisons. Last month, Enslen issued a separate decision criticizing the
state's care of mentally ill inmates and halting the use of non-medical,
punitive restraints on prisoners. That decision came after a 21-year-old
mentally ill inmate died in August after spending four days naked inside a hot,
isolated cell at the Southern Michigan Correctional Facility in Jackson. An
autopsy determined the inmate, Timothy Joe Souders, died accidentally of
hyperthermia and dehydration. Elizabeth Alexander, director of the National
Prison Project, said the judge noted in Thursday's ruling that prisoners who
need specialty care face too many delays. Between 30 and 40 percent of specialty
care wasn't provided within the time deemed medically necessary, Enslen said. Of
six randomly selected cases, four involved delays that could have caused
unnecessary death or suffering, he said. It took 40 days to test a patient with
blood in his urine. Another inmate complained of a mole on his back, and despite
a doctor saying it should be removed surgically, there were many delays. Later
testing showed malignant melanoma and that the cancer had spread while the
patient was awaiting treatment. "This is a very significant decision," Alexander
said. "Our hope is that finally the state will turn the corner and understand it
has to clean up a dysfunctional medical care system." The ruling covers three of
the five prisons in Jackson, Marlan said. Each prison typically houses about
1,000 inmates. Gov. Jennifer Granholm in August ordered an independent review of
prison health care. The state earlier this week picked an outside agency, the
National Commission on Correctional Health Care, to conduct the review. "That
should give us a good idea on where we stand," Marlan said. The case is Hadix v.
Caruso, et al.
November 14, 2006 Detroit Free Press
In the end, it took a federal judge to get it right. Michigan's state
bureaucracy, against all available evidence, has been in denial about Michigan's
deadly and dysfunctional prison health care system. Even Gov. Jennifer
Granholm's pledge in August to order an outside review of health care in
Michigan's nearly 50 prisons is beginning to smell like an election-year ploy.
The review was supposed to start in early October but the state hasn't even
decided who is going to do it. The strong wording in the preliminary injunction
he issued Monday shows that U.S. District Judge Richard Enslen of Kalamzoo had
clearly run out of patience with the state. He told the Department of
Corrections and its private contractor for primary services, Correctional
Medical Services of Missouri, to either treat sick inmates or be held in
contempt of court and jailed. "You are valuable providers of life-saving
services and medicines," Enslen wrote. "You are not coat racks who collect
government paychecks while your work is taken to the sexton for burial. The days
of dead wood in the Department of Corrections are over, as are the days of CMS
intentionally delaying referrals and care for craven profit motives."
November 14, 2006 Baltimore Sun
A federal judge has ordered prison officials in Michigan to immediately
cease the use of non-medical, punitive restraints following the death of a
mentally ill inmate who died after four days spent naked and shackled in an
isolated cell. U.S. District Judge Richard Enslen's sharply worded order, issued
Monday, directly addressed the case of Timothy Joe Souders, who was serving up
to four years for resisting arrest, assault and destroying police property.
Souders, 21, spent most of his last four days naked inside an isolation cell at
the Southern Michigan Correctional Facility in Jackson, his arms and legs bound
in shackles and sometimes lying in his own urine. He died Aug. 6, two hours
after jail staff removed his restraints. "The court finds that the defendant's
practice constitutes torture and violates the Eighth Amendment," Enslen wrote in
his ruling. "Its cessation is required immediately to prevent further loss of
life, loss of dignity and damage to both inmates and correctional officers." His
order also requires the state's Department of Corrections to submit a plan
within 45 days for how to improve mental health care for inmates. The state has
contracted with Correctional Medical Services Inc., a St. Louis company, to
provide health care to prisoners. Corrections spokesman Russ Marlan said the
department was still reviewing the order and had no comment Monday. Following
media reports that examined issues highlighted by Souders' death in August, Gov.
Jennifer Granholm called for an independent review of health care in the state's
prisons. Souders' family last month filed a federal lawsuit against CMS. The
official cause of Souders' death has not been announced.
October 26, 2006 Detroit Free Press
Gov. Jennifer Granholm has pledged to do what's
necessary to fix the state's troubled prison health care system. To do that, the
governor will need the truth -- straight with no chaser -- from the independent
review she ordered in August. But getting it won't be easy. The people who
really know what's up -- prison employees and inmates who use the health care
system -- won't speak freely. They'll fear retaliation, unless the department
offers them anonymity and protection. So far, state administrators don't seem
even to be aware of the problem, but the people who live and work in the system
are. Inmate Henry Donald Franklin, 43, testified in federal court earlier this
month about the death of 21-year-old mentally ill inmate Timothy Joe Souders.
Before testifying, Franklin apparently took some payback for talking to
prisoners' attorneys who were investigating Souders' death. Franklin was locked
up near the isolation cell where Souders died on Aug. 6, after spending most of
his last four days strapped to a steel table in oppressive heat. In a Kalamazoo
courtroom, Franklin said he had heard Souders, who might have died from
dehydration, choking and asking for water. Franklin, who is legally blind, said
he kicked his cell door on several occasions and yelled for help. Officers told
him to shut up and mind his own business, he said, finally threatening to put
him in restraints. I visited Franklin last week at Southern Michigan
Correctional Facility in Jackson, where he's serving 30-50 years for unarmed
assault with intent to steal. After he had spoken to the attorneys, Franklin
said, someone broke his typewriter into four pieces and pushed in the grill of
his radio. He also said pain medication and eyedrops for his glaucoma had been
withheld for about a month. Prison officials say they have investigated the
matter and deny the allegations that Franklin made to me and under oath in
federal court. "No one's given me any help since I talked," Franklin told me
through the glass in a prison segregation visiting area. "They left me hanging.
If I would have known, I wouldn't have done this (testified)." Even high-level
administrators could face reprisals for bucking the system. Dr. Chris Samy
became regional medical director in Jackson in February. But Samy, a corporation
medical director for 10 years, told me she was forced to resign her Corrections
post in June. Her job was to monitor health care and oversee Missouri-based
Correctional Medical Services Inc., a controversial private contractor
delivering primary medical care in Michigan prisons. Still, Samy said she had no
authority or support to make necessary changes. While at Jackson, Samy said
three or four diabetic inmates died because blood sugar reactions were not
properly monitored. "Most medically necessary procedures were denied or withheld
from the inmates, resulting in long-term illness or death," she said. When Samy
complained, she said prison medical administrators ignored her and finally made
her so uncomfortable that she had to resign. She cited a cozy relationship
between the department and CMS. In fact, even an MDOC consultant concluded this
year that Corrections staff are too protective of CMS. "No one has the guts to
say, 'Do what has to be done,' " said Samy, a suburban Detroit resident in her
mid-50s. MDOC spokesman Russ Marlan said the department is investigating Samy's
allegations. He said she made no formal complaints while employed by the
department. Also troubling is an alleged "witness promotion plan." A civil
service grievance filed against MDOC last summer alleges that Director Patricia
Caruso approved transfers and promotions for about 10 employees who testified in
2004 on the department's behalf during a 27-day grievance hearing against former
Pine River Warden Jan Trombley. On the flip side, the 10 or more employees who
testified against the department did not get them. Deputy Director Dennis Straub
made it clear in an earlier meeting that the department would deny opportunities
to employees who went against it, said East Lansing attorney Robert G. Huber,
who represents the employees. Employees called it the "witness promotion plan."
According to one MDOC employee, Straub said "staff who don't (support the
department) can find a home elsewhere." Caruso denies the allegations and has
asked the Michigan State Police to investigate. My opinion: Caruso has too much
integrity to sanction anything that shady. But the point is, employees
undoubtedly will feel pressure to protect the department during an outside
investigation. All these allegations underscore how hard it will be to get solid
information. The no-snitch rule operates not only on the street, but also inside
criminal justice agencies. Granholm should make sure the people who work and
live in Michigan prisons feel safe enough to tell the truth. Employees and
inmates must get anonymity and immunity, or the governor's so-called independent
review will be little more than a whitewash. JEFF GERRITT is a Free Press
editorial writer. Contact him at gerritt@freepress.com or 313-222-6585.
October 14, 2006 The Grand Rapids Press
The use of four-point restraints as punishment for prison inmates meets the
American Medical Association's definition of torture and should be discontinued,
a doctor appointed by a federal judge to monitor health care in Michigan's
prisons testified Friday. The continued use of restraints is "likely to result
in future deaths," Robert Cohen warned U.S. District Judge Richard Enslen. He
blamed the Aug. 6 death of Timothy Joe Souders, a 21-year-old mentally ill
inmate, on the fact he was shackled atop a steel table in the Southern Michigan
Correctional Facility in Jackson for most of four days during a heat wave.
"While naked in bed, he was found to be lying in his own urine and feces," Cohen
said, adding that Souders' "condition during a heat wave required constant
monitoring ... There should be no policy for maintaining prisoners in punitive
restraints. It was that policy that led to his death." After Cohen's testimony,
attorney Elizabeth Alexander, representing inmates in the class action lawsuit,
asked Enslen to issue an order temporarily barring the state Corrections
Department from using restraints to punish prisoners. Enslen appeared inclined
to issue the order, but Assistant Attorney General Peter Govorchin stepped
outside the courtroom to call state Corrections Director Patricia Caruso about
offering a voluntary moratorium on the use of restraints. Afterward, the
attorneys met with Enslen behind closed doors, and later would not say whether
an agreement had been reached to stop restraining prisoners as punishment.
Cohen's testimony came at the end of a three-day hearing in a lawsuit aimed at
forcing the state to improve the care of medically and mentally ill prisoners.
The allegations include: The hospital and other medical units in the Jackson
prison complex are understaffed by doctors and nurses. Written requests by
inmates for medical help often are delayed for several days or ignored.
Referrals to outside medical specialists are routinely delayed for weeks and
even months while sick inmates get sicker and, in some case, die. Prescriptions
for serious illnesses often go unfilled for several days. Last May and June,
critical medications for several inmates were not provided while the Jackson
prison complex was in transition from its own staff of pharmacists to a private
firm called Pharmacorp. One inmate testified his medication for glaucoma and
migraine headaches was withheld as punishment because he talked with attorneys
in the case. Only while he was in court and on the stand Wednesday did a guard
hand him his medication. Some of the responsibility rests with Correctional
Medical Services, the for-profit corporation that provides care for prisoners
under a contract with the state, testified Jerry Walden, an Ann Arbor physician
called as an expert witness for the inmates. "There seems to be an indifference
about care," Walden said, "and I'm concerned about that."
October 5, 2006 Lansing State Journal
The family of a mentally ill inmate who died after spending most of his last
four days naked inside an isolated prison cell has filed a lawsuit against a
company hired to provide medical care to state prisoners. The lawsuit filed
Tuesday in U.S. District Court in Detroit claims that Timothy Joe Souders, 21,
of Adrian, was restrained to a bed and left to lie naked in his urine and feces
without access to food. He died on Aug. 6, two hours after staff at the Southern
Michigan Correctional Facility in Jackson removed his restraints. Ken Fields, a
spokesman for medical contractor Correctional Medical Services Inc. in St.
Louis, Mo., said the company was reviewing the lawsuit and he couldn't comment
on patients. Russ Marlan, a spokesman for the Michigan Department of
Corrections, told The Detroit News that Souders' death was under investigation,
and he could not comment on the claims in the lawsuit. Souders was serving 1 to
4 years for charges including resisting arrest and assault.
September 24, 2006 Grand Rapids Press
In his cell at a Jackson prison, Joseph Griffin was dying, unable to
convince his doctors he needed the care that could save his life. Tests to
diagnose his illness were repeatedly delayed by doctors working for Correctional
Medical Services (CMS), the firm contracted to provide care for the state's more
than 50,000 inmates. After five months of suffering with a swollen right arm and
legs so bloated he no longer could walk, Griffin, serving time for shoplifting,
died May 9, 2005. He wasn't the only Michigan inmate who died last year due to
inadequate medical care. In January, Larry Ervans, a 61-year-old window washer
doing time for selling drugs, bled to death in his cell two days after
complaining to the medical staff about abdominal pain. The prison doctors didn't
order a simple test that could have detected a bleeding ulcer. In February,
Hakim Muhammad, 45, convicted on a drug charge, died of non-Hodgkins lymphoma,
untreated for months as a doctor repeatedly ignored requests to examine him.
When he complained of severe pain in his hip and legs, the doctor canceled his
medication and took away his wheelchair. In June, Steven Boals, 52, convicted of
armed robbery and auto theft, died of lung cancer two months after complaining
of fatigue, weight loss and a lump on his chest. During the last two months of
his life, he suffered in pain as a prison doctor repeatedly failed to examine
him or order treatment. Later that month, John McRae, a 70-year-old convicted
murderer, died in his cell after the prison's medical staff failed to follow an
outside doctor's instructions on caring for his many health problems, including
heart failure, diabetes and internal bleeding. In each case, the death
certificates list the cause as "natural," but their deaths could have been
avoided, or their suffering at least alleviated, if they had received proper
medical care, according to an independent doctor who reviewed the cases. Dr.
Robert Cohen, appointed by U.S. District Judge Richard Enslen to monitor health
care in the Jackson prisons, cited numerous examples of inmates suffering and
dying due to understaffing, misdiagnosis and delays in treatment. Cohen, a
nationally recognized expert on prison medical care, declined to be interviewed
for this story, but in his report to Enslen last September, he cited numerous
"significant problems with the care being provided to the sickest prisoners,"
particularly at the Duane L. Waters Hospital inside the Jackson prison complex.
"It was routine in Duane Waters Hospital for nurses to request physicians to
examine patients and for physicians not to come," Cohen wrote. "I have never
before heard of physicians failing to respond to nursing requests to evaluate a
patient, but according to the medical records I reviewed, and according to the
nursing staff at DWH, this is routine." After reading Cohen's report, Enslen
found the health care in the Jackson facilities amounted to cruel and unusual
punishment under the Eighth Amendment, and he ordered the state to come up with
a plan to improve it. State Corrections Department officials said they are
implementing a plan, although they disagreed with Cohen's conclusion that health
care in the prisons is substandard. "We do not necessarily agree with everything
Dr. Cohen said in his characterizations of these cases," said Richard Russell,
head of the department's bureau of health-care services. "What you have to
understand is, in any health-care system, there are cases that don't go the way
you want them to go." One doctor repeatedly faulted by Cohen for providing
inferior care was forced to resign, although Russell called the doctor "a
qualified physician. I'm saying I don't believe he needed to be let go." He
contended Cohen focused on the worst cases and "made generalizations that are
not typical of our system." But in August, Gov. Jennifer Granholm ordered an
independent review of the entire prison health-care system following the death
of 21-year-old mentally ill inmate. Timothy Joe Souders, doing one to four years
for assault, resisting arrest and destroying police property, had spent most of
his last four days in an isolation cell, his arms and legs shackled to a steel
bed. Although Souders suffered numerous physical and mental illnesses and the
Corrections Department had issued a heat advisory, no doctor visited him during
those four days. His death "was a terrible unnecessary tragedy," Cohen wrote in
an Aug. 14 letter to Enslen. " ... There are a number of additional continuing
serious deficiencies in the medical program which require immediate action, some
of which may have contributed to the abject failure to provide Mr. S. with
medical care. ... This is an emergency that's gone on for too long and is having
an extremely adverse effect on patient care." While Cohen's reports covered only
the medical facilities inside the sprawling Jackson prison complex, some
inmates' rights advocates contend the quality of care there is typical of the
state's entire penal system. "It's a nightmare," said David Santacroce, a
University of Michigan law professor whose students have filed lawsuits for the
inmates. "There's an incentive for them (CMS) to keep costs down. The less they
spend on medical care, the higher their profit. It's a mess, and it shows no
signs of getting better here or anywhere else CMS is present." Patricia
Streeter, an attorney in a class action lawsuit against the Department of
Corrections, called health care in the prisons "appalling." That lawsuit led
Enslen to appoint Cohen to monitor health care in the Jackson prisons two years
ago. Prison health care never was all that great, Streeter said, but in the nine
years since CMS took over, it has deteriorated. "There are a lot of cases of
misdiagnosis," she said. "They don't catch conditions quickly. Screening tests
are ordered with no follow-up." Carla Ringleka's family believes her death Aug.
28 could have been prevented if doctors at the Robert Scott Correctional
Facility had diagnosed her breast cancer and started treatment earlier. Ringleka,
of Stanton, convicted of second-degree murder in the death of her husband, first
complained of a lump in her right breast in February 2001, but a prison
health-care worker dismissed it as "fatty tissue." Seven months later, a
mammogram showed the lump was cancer, which by then had spread to her lungs,
liver and bones. She died awaiting a decision on her request for a medical
commutation. Robert Walsh, chief psychologist in the Jackson prisons at the time
CMS took over, accused the company of "horrendous neglect." "There's a complete
failure of the bureaucracy in the central office (of the Corrections Department)
to monitor this contract," he said. Walsh, who retired in 1999, is helping
Prison Legal Services, a nonprofit organization based in Jackson, prepare a
report on the quality of prison health care. St. Louis-based CMS provides health
care for some 250,000 inmates in 26 states and 300 facilities. In its home state
of Missouri, inmates accused the company of intentionally delaying or denying
care for life-threatening illnesses. CMS paid $525,000 to avoid prosecution for
manslaughter in the death of a North Carolina inmate. Health care in Michigan's
prisons was provided by state employees until 1997, when former Gov. John
Engler's administration signed a 10-year contract with United Correctional
Managed Care, a for-profit company in Anaheim, Calif. The following year, CMS
bought some of United's assets and took over the contract. The idea was to stem
the rapidly rising cost of health care for the state's growing prison
population. Despite the privatization, the cost of prison health care continued
to rise, from $115 million in 1997 to a projected $190 million in the fiscal
year beginning Oct. 1. The average annual cost of health care for each inmate
rose from $2,573 in 1997 to $3,690 in 2005. Yet the Corrections Department
boasts that since 1997, the state has saved $86 million on prisoner health care.
The state pays CMS the actual cost of health care plus an administrative fee.
The contract includes financial incentives for CMS to hold down costs, but
Corrections Department officials insist the provision does not prompt CMS to
deny care. Dr. Jerry Walden, an Ann Arbor physician and former medical director
for a federal prison in Indiana, disagrees, claiming CMS has a financial
incentive to delay and deny treatment for sick inmates. "I'd like to see them
get rid of for-profit health care," said Walden, hired as an expert witness for
the plaintiffs. A CMS spokesman denied the company delays or denies treatment to
maximize its profits. "To the contrary," CMS spokesman Ken Fields said, "CMS
health-care professionals are trained and encouraged to use their experience and
judgment to decide what treatment is appropriate for a patient."
September 1, 2006 Detroit Free Press
Timothy Joe Souders died on Aug. 6, after spending most of his last four
days bound naked to a steel bed in four-point restraints, soaked in his own
urine. At 21, Souders' life was tragically short and, in many ways, just plain
tragic. Mentally ill and unable to get help, Souders ended up alone and dead in
a hot, segregated cell at Southern Michigan Correctional Facility in Jackson.
His parents did not know how he died. Steven Souders and Theresa Vaughn of
Adrian learned the details two weeks later from my Aug. 20 report in the Free
Press. A woman who played bingo at the hall where Timothy Souders worked as a
caller brought a copy of the paper to his memorial service that day. Steven
Souders, 41, a journeyman machine repair worker, said the Michigan Department of
Corrections told him his son died in his sleep. MDOC denies that, but Timothy
Souders' death helped push Gov. Jennifer Granholm to order an overdue
independent review of prison health care. His story touched a nerve in Michigan,
which has closed most of its mental health facilities during the last few
decades. Thousands of the state's mentally ill have ended up on the street or in
homeless shelters, jails or prisons. Geoffrey Fieger's law firm will file a
wrongful death lawsuit against MDOC employees and Correctional Medical Services
Inc., attorney Paul Broschay told me this week. CMS is the private,
Missouri-based company under contract for primary care physicians and other
services in Michigan state prisons. Souders was screaming for help, but no one
was listening. He went to prison on Nov. 1, having received a one- to four-year
bit for assault, resisting arrest and destroying police property. It turned into
a death sentence. Prison was no place for Souders, who had a bipolar disorder.
He took medications for multiple conditions, including manic depression,
psychosis and hypertension. Souders received seven misconduct reports: four for
simply being out of place and another three for fighting, assaulting a prisoner
and destroying property. Roughly 24% of Michigan's nearly 50,000 inmates have a
history of mental illness, Corrections spokesman Russ Marlan said. MDOC must do
a better job of accommodating them, including improving communication between
security and health care staff, and between Corrections and the Department of
Community Health. Mental health staff at the Southern Michigan Correctional
Facility tried to transfer Souders to Huron Valley Center in Ypsilanti, a
psychiatric hospital for prisoners, but a transfer coordinator working for
Community Health failed to move him. The state Health Department has reassigned
that coordinator and is investigating the incident. Still, someone from
Corrections, knowing Souders' condition, should have had enough sense or
sympathy to pick up a phone and try to get him out of that segregated cell in
Jackson. At one point, the heat index probably reached 106, and medications put
Souders at high risk for heat-related injury or death.
August 28, 2006 Detroit Free Press
Gov. Jennifer Granholm took the right first step in ordering an independent
review of state prison health care last week, following an investigation by the
Free Press editorial page. Now she must make sure the review is done right. If
not, longstanding practices will continue that endanger inmate health, encourage
more lawsuits, invite further federal control of state prisons, and provide
practically no oversight of the $280 million a year taxpayers spend on prison
medical and mental health care. A proper review must include confidential
interviews with current and former prison employees, as well as with the staff
of outside hospitals under contract to treat inmates. People must feel free to
speak their minds without fear of retaliation. Investigators must also talk
confidentially with prisoners, who are too often discounted by prison medical
staff. Prisoner advocacy groups such as Prison Legal Services of Michigan in
Jackson and the American Friends Service Committee in Ann Arbor can provide
valuable insights. They have worked on prison health care problems for years.
August 22, 2006 Daily Telegram
The parents of a former Adrian man who died this month in a Jackson prison say
they’re angry about the way he was treated while in custody — and that it took
an investigation by the Detroit Free Press for them to find out about it.
Timothy Joe Souders, 21, died Aug. 6 at the Southern Michigan Correctional
Facility, where he was serving a 23-month to four-year sentence for felonious
assault. He had pleaded guilty in June 2005 to stealing paintball equipment from
the Adrian Meijer store and threatening store employees and a police officer
with a knife. He was sentenced in October. The Free Press reported Sunday that
Souders spent most of his last four days shackled to his bed in a hot cell
despite being on medication that left him at high risk for heat-related injury
or death — but the man’s father, Steven Souders of Adrian, said he was told only
that his son had died in his sleep. “The state of Michigan has been lying to me
since the day Timothy died,” Steven Souders said Monday. “They’re trying to
cover up their wrongdoing.” But Russ Marlan, a spokesman for the Michigan
Department of Corrections, said he believes proper procedures were followed when
prison officials placed Souders in segregation and had him restrained. He said
prisoners who are restrained in the manner Souders was held are monitored every
15 minutes and released every two hours for a bathroom break.
August 22, 2006 Detroit News
Gov. Jennifer Granholm has ordered an independent review of health care in
Michigan prisons as a result of cases that included the Aug. 6 death of an
inmate who had spent four days in an isolation cell. "The governor is very
concerned about the issue of prison health care," said Granholm press secretary
Liz Boyd. "We want to make sure the prisoners are getting proper care. We also
want to make sure taxpayers' dollars are being wisely spent." The state's
Corrections Department has a $70 million-a-year contract with Correctional
Medical Services of Missouri to provide physical care to inmates and spends
about $90 million annually on mental health services through community-based
agencies. Both programs will undergo review. Corrections spokesman Russ Marlan
said the state has had its contract with Correctional Medical Services for 10
years. The company supplies prison doctors and other health care workers. It
also negotiates contracts with specialized care providers outside the prison
system.
August 21, 2006 Detroit Free Press
Michigan legislators remain blissfully ignorant about a big and growing part of
the state budget, despite widespread evidence of almost criminal incompetence
and negligence in how the money is spent. The state shells out $190 million a
year on prison health care, including more than $70 million to Correctional
Medical Services Inc., a controversial Missouri-based company, for primary care
physicians and other services. But there's ample evidence, for anyone who cares
to look, that the state is not only violating its constitutional duty to provide
adequate medical care to prisoners, but also spending more on serious medical
problems that could have been prevented. Just in the last week, I reported on a
41-year-old inmate who went home to die after prison doctors failed to treat his
cancer, and another 21-year-old prisoner who died in Jackson, after spending
most of his last four days strapped to a bed in four-point restraints in a hot
cell. Michigan is inviting further court intervention into how it runs its
nearly 50 prisons. Still, legislators have failed to provide real oversight.
Even Senate Majority Leader Ken Sikkema, R-Wyoming, one of the state's most
capable, experienced and knowledgeable legislators, appeared clueless when I
asked him recently about the issue. Practically the only information legislators
receive on the CMS contract is a one-page summary twice a year. A July 1 report
to the Legislature summed up the quality of prison health care in one sentence:
"Investigation of prisoner grievances, family complaints and issues brought to
the MDOC by legislators have assured that the quality of services provided by
CMS meets MDOC expectations." That statement mocks the Michigan Department of
Corrections' mantra of "Expecting Excellence Every Day." Court documents,
medical records and interviews with dozens of prisoners and their advocates show
that incompetent and negligent medical care, misdiagnoses, delayed or denied
treatment, withheld pain medication and poor accommodations for people with
disabilities are common in Michigan prisons -- and have been for decades. MDOC
has been under a federal consent decree in a case called Hadix since 1985 to
improve medical care and other conditions at state prisons in Jackson. Even so,
medical care has probably gotten worse since 2000, when CMS took over the
contract for primary care. CMS has maintained it "provides medical care that's
evidence-backed and medically necessary, and those services are provided at the
community standard of care." But there's plenty of evidence of serious, publicly
reported problems with the company's performance in state prison systems around
the country. A report filed this month in U.S. District Court by Dr. Jerry S.
Walden of Ann Arbor, an expert witness in the Hadix case, concludes that
Michigan's problems are getting worse, not better, and pose a serious health
risk. Walden found that delays and disruptions in patient care were routine,
sometimes resulting in death, and even basic medical records were poorly
maintained and organized. Due to a "clerical error," Walden reports, almost no
death certificates were recorded this spring for inmates who died in the Jackson
prisons covered by the Hadix decree. Walden described the system as a "culture
of failure," lacking leadership and unable to prevent unnecessary suffering and
death. "I am convinced that the necessary leadership will never be in place
until CMS is ousted," he concluded. Contact JEFF GERRITT at jgerritt@freepress.com
or 313-222-6585.
August 20, 2006 Detroit Free Press
Timothy Joe Souders lived a hard life and, on Aug. 6, died an even harder death
in a segregated prison cell in Jackson. Souders, 21, spent most of his last four
days naked, without physician or psychiatric care, his arms and legs bound to a
steel bed in four-point restraints. He was in a bare, all-steel isolation cell
about the size of a walk-in closet. He went to the cell Aug. 2 because of unruly
behavior. He lay in urine -- "agitated, disoriented, psychotic" -- as the cell
felt close to 106 degrees at times, according to a report written by a federal
monitor assigned to scrutinize medical care for Jackson prisons. Souders was
found dead on his bed around 4 p.m., two hours after staff had removed his
shackles. The death of the severely mentally ill inmate is a glaring example of
a troubled state prison health care system, riddled with misdiagnoses, delayed
or denied treatment and inadequate accommodations for people with disabilities.
The Jackson prison complex, including the Southern Michigan Correctional
Facility where Souders died, has been under federal oversight for more than 20
years. Corrections officials are investigating the death. Autopsy results might
not be available for two or three weeks. The Michigan Attorney General's Office,
which represents the Department of Corrections, disputed the account by the
federal monitor, whose report this week brought Souders' death to light. "The
governor's office is very concerned about the issue of prisoner health care,"
Liz Boyd, spokeswoman for Gov. Jennifer Granholm, said Saturday. "We want to
make sure that prisoners are getting appropriate health care and that taxpayer
dollars are being spent wisely. Be assured, the issue of prisoner health care
will be reviewed and, if changes are warranted, changes will be made." The
Corrections Department had issued a heat alert the day Souders went into
isolation. Such alerts are issued when the combined temperature and humidity
index reaches 90 degrees. Alerts are supposed to trigger actions to ensure that
inmates have adequate water and ventilation. Dr. Robert Cohen, the
court-appointed monitor, uncovered Souders' death during a visit to the Jackson
medical complex on Aug. 8-10. Disturbed by what he found, he issued a special
report to U.S. District Judge Richard Enslen in Kalamazoo, who is enforcing
federal oversight of the facilities. "Although the circumstances of Mr. S.'
death overwhelmed my visit ... there are a number of additional continuing
serious deficiencies in the medical program which require immediate attention,
some of which may have contributed to the abject failure to provide Mr. S. with
medical care," Cohen wrote. "There is a critical shortage of medical staff" at
the Jackson facilities "and serious medical staff shortages throughout the
medical program. This is an emergency situation which has gone on for too long
and is having an extremely adverse effect on patient care." Souders' death was
"predictable and preventible," Cohen wrote, "a terrible, unnecessary tragedy."
Souders was serving a sentence of 1 to 4 years for resisting arrest, assault and
destroying police property. Because he was taking medications for multiple
medical conditions -- including manic-depression, psychosis and hypertension --
he was at high risk for heat-related injury or death, Cohen wrote. Still, a
physician did not see him from the time he was restrained until he died. He was
seen and monitored by nurses, however, Department of Corrections spokesman Russ
Marlan said. Mental health staff at the Southern Michigan Correctional Facility
tried to transfer Souders to Huron Valley Center in Ypsilanti, a psychiatric
hospital for prisoners, but he wasn't moved, Marlan said. At least one person
involved in the transfer has been removed, Marlan said. The department is
reviewing policies on prisoner restraint. In June, the Free Press reported on
Lloyd Byron Martell, whose cancerous polyp had gone untreated. Martell, 41, was
sent home last week to die. In response to Souders' death, Cohen called an
emergency meeting Wednesday with prison administrators, resulting in some of the
Department of Corrections review. Cohen's investigation could take weeks and
will include a review of tapes, incident reports and medical records. Critics
say the Legislature, governor and correction officials have failed to properly
oversee the $190 million a year the state spends on prison medical care,
including the state's $70-million contract with Correctional Medical Services
Inc. "Responsibility is so dispersed between state agencies, a private
contractor, line staff and administrators," said Sandra Bailiff Girard,
executive director of Prison Legal Services of Michigan. "No one is held
responsible -- so there's little incentive to follow the rules." Contact JEFF
GERRITT at jgerritt@freepress.com or 313-222-6585.
August 16, 2006 Detroit Free Press
Wearing prison khakis and a white T-shirt, Lloyd Byron Martell limped off a
Greyhound bus in downtown Detroit Tuesday afternoon, looking tired but oh so
happy. Smiling, he pushed a raggedy wheelchair with a cardboard box in the seat
that held his medical supplies, including a month's worth of morphine and
colostomy bags. Free at last, Martell walked into his mother's arms and stayed
there, quietly, for a minute, before reaching over her shoulder and shaking his
stepfather's hand. "Made it," I heard him say. At 41, Martell has less than a
year to live. His colon cancer has spread to his chest and the relentless beast
can't be stopped. Still, his worst fear is over: He won't die in a state prison
in Jackson. He was released Tuesday. Like hundreds of inmates, Martell got a
double sentence: one handed down by the court, another executed by the lame
prison healthcare system. In Martell's case, a one- to four-year bit in 2004 for
fleeing a police officer turned into a death sentence. Martell, driving with a
suspended license, took off after Redford police tried to pull him over for a
broken rear window. It was a knucklehead move, but he didn't deserve to die for
it. I first wrote about Martell on June 19, revealing that his cancer probably
could have been contained if doctors had treated it 20 months ago. In December
2004, Martell had what he thought was a hemorrhoid lanced. Medical records show
it was actually a cancerous polyp that doctors ignored. His story became part of
a Free Press investigation into the medical care provided by the Michigan
Department of Corrections and Correctional Medical Services Inc. of Missouri, a
private for-profit company under contract to provide primary care physicians and
other services. In hundreds of cases, diseases have been misdiagnosed,
undiagnosed or treatment is delayed or denied. When I talked to Martell's
mother, Donna Martin, three weeks ago, she thought her son might die in prison.
Martell was scheduled for a parole hearing on July 11, but the department
canceled it because of a clerical error, rescheduling it for Aug. 15. Delaying
Martell's release was inexcusable. He's dying, he's a non-violent offender and
he had already served his minimum sentence. With all the grievances he was
filing and the medical care he required, Corrections should have been happy to
let him go. I called Corrections spokesman Russ Marlan, planning to write a
column, and the department moved up the hearing to Aug. 2. He got his parole.
Without help, however, sick and dying inmates have practically no way out. Their
families are the only outside people who know, and they can't even get a return
phone call from prison medical staff. At least Martell will die at home,
surrounding by people who love him. Monday was a good day for Martin, 60, who
lives with her husband, German Martin, in Dearborn. Almost giddy, she told me
about the food she bought for Martell's welcome-home dinner: chicken and
dumplings, chocolate chip cookies. She picked up a toothbrush, deodorant,
mouthwash, shower gel, shampoo, razors, sheets, pillows and a comforter for the
bed. "He's going to get anything he wants today," Martin said. What Martell
wants before he dies is a little peace -- and justice. He's filing a medical
malpractice lawsuit against CMS and the state. He stood in the Greyhound lobby,
filled with joy and rage. "They tried to kill me in there, but it's not over,"
Martell told me, losing the smile for a minute. "It's going to be a short battle
but a good one." For the next few hours, though, he enjoyed the moment: the
Whopper his mother bought for him on the way home, his chicken-and-dumplings
dinner, the fresh clean sheets and pillow he lay on. Today, the work that will
fill the rest of his days begins. He and his mother will need to arrange medical
care, as well as Social Security and Medicaid benefits. They'll shop for new
clothes, too, something without prisoner No. 335246 on it. Martell will never
get back his health but he has regained his freedom. On Tuesday afternoon, that
was enough. JEFF GERRITT is a Free Press editorial writer. Contact him at
gerritt@freepress.com or 313-222-6585.
June 23, 2006 Detroit Free Press
No one fully understands the state of medical care in Michigan prisons, but
snapshots of that system from an investigation by Jeff Gerritt of the Free Press
editorial board suggest it's dangerously dysfunctional. Legislators should not
wait until the state's contract with Correctional Medical Services Inc. ends on
March 31. They must provide more oversight now or invite further court
intervention in the prison system, encourage costly lawsuits and perpetuate a
standard of care that is inhumane and unconstitutional. Medical records, court
documents and interviews with inmates and advocates show longstanding systemic
problems with the medical care delivered to Michigan's 50,000 inmates. These
include misdiagnosis, delayed or denied treatment and inadequate accommodation
for people with disabilities. Legislators can start fixing these problems by
appointing a medical ombudsman to investigate hundreds of inmate complaints
about health care. That office should employ a physician, or at least have
access to consultants who are doctors or medical experts. A medical ombudsman
has become even more necessary since the Legislature closed the general office
of the Corrections ombudsman in 2003. Now, the worst abuses stand little chance
of even getting heard. Second, the state should create a streamlined grievance
process for prisoner medical complaints. General grievance procedures are
lengthy, cumbersome and often ineffective -- definitely not suited for
addressing issues that potentially mean life or death. Finally, lawmakers ought
to order a review of prison healthcare to determine how CMS is performing. They
should ensure that Corrections exercises proper oversight and that state health
care administrators wield the authority to change how CMS operates. Now, the
Legislature receives practically no information about CMS, even though the
Missouri-based company receives roughly $65 million a year from Michigan
taxpayers. A prison sentence rightfully deprives an offender of his freedom. But
it ought not subject prisoners to aggravated health problems, unnecessary
suffering and even death. In one case, an inmate serving a one- to four-year
sentence for fleeing a police officer was diagnosed with cancer but not treated
for nearly a year. He now has only a year to live. A veritable death sentence
for a minor crime is unjust by any standard of decency, and legislators can no
longer claim they don't know. To refuse to act now is practically criminal.
June 19, 2006 Detroit Free Press
Michigan doesn't have the death penalty, but the state of health care in its
prison system makes you wonder. Prisoners who get lousy health care don't get
much sympathy from politicians or the public, especially when so many people on
the outside are uninsured and struggling to get decent care. Still, most people
would agree that negligent medical care leading to serious health problems,
virtual torture and, yes, even death should not be part of a prison sentence. It
has happened, though, over and over, to hundreds and perhaps thousands of
inmates. More than 95% of the 50,000 people in state prisons will eventually get
out and go back to their hometowns and families. It would be better for
everyone, from relatives to taxpayers, if they returned in reasonably good
health and not, for example, with untreated infectious diseases such as
hepatitis C. Yet the quality of prison health care seems to have gotten worse
since 2000, when the state contracted with Correctional Medical Services Inc.
for primary care physicians and other services. It should be getting better. The
Michigan Department of Corrections has been under a federal consent decree since
1985 to improve medical care and other conditions at prisons in Jackson. "The
medical neglect seems worse, not better," Patricia Streeter of Ann Arbor, an
attorney for the prisoners in the Hadix case, told me. "CMS has not adequately
supervised its doctors or made timely specialist referrals, and MDOC appears
unwilling or unable to see that it does." Medical records, court documents and
rulings, and interviews with inmates and advocates show a pattern of
misdiagnosis, delayed or denied treatment, withheld pain medication and
inadequate accommodations for people with disabilities. "If you read the Hadix
findings, any individual case might be egregious, but it's the systematic
failure that's gut-wrenching -- that really turns your stomach," said Paul
Reingold, director of the University of Michigan Clinical Law Program, which
handles prisoner rights cases. Last year, a diabetic inmate died after suffering
at least 15 episodes of hypoglycemia, some so severe he fell unconscious.
"Crisis after crisis occurred, and yet his caregivers did not implement a
coordinated care plan," Dr. Jerry Walden, the prisoners' medical expert, wrote
in a sworn statement in federal court. Despite the health problems, nurses
transferred the inmate back to the general prison population in early 2005.
"Sadly, CMS, MDOC and nursing can each point a finger and nothing will change,"
Walden stated. "There is a system problem and one that ... leadership needs to
address." In examining 16 recent prison deaths, Walden found patients with
life-threatening diseases who were kept in their cells. Others suffered
unnecessary episodes of severe hypoglycemia. One prisoner was taken off his
inhaler despite chronic heart disease and failure, and another suffered an
almost two-year delay in the diagnosis and treatment of bladder cancer.
Corrections administrators say most inmates are healthier and getting better
medical care than they did when they were free. But even the poorest person
outside prison has options that prisoners don't CMS spokesman Ken Fields said he
couldn't comment specifically on individual cases, but said CMS "provides
medical care that's evidence-backed and medically necessary, and those services
are provided at the community standard of care." The company, founded in 1979
and based in St. Louis, Mo., has prison and jail health care contracts in 26
states, with 80 employees in Michigan. Corrections says CMS has performed
adequately and saved the state nearly $10 million a year, partly by negotiating
cost-effective specialty care contracts with outside physicians. But sworn
statements by experts filed in federal court in 2002, after reviewing thousands
of documents, showed that dozens of prisoners with urgent and emergency symptoms
were not seen for days. Nor did nurses respond properly to written medical
requests, sometimes called kites. In some cases, treatment denied or delayed
meant unnecessary suffering. A patient with a suspected broken shoulder had an
appointment scheduled six days after his written request. One patient vomiting
blood was not seen for five days. An inmate requesting a four-point cane because
he kept falling and injuring himself did not get an appointment. In other cases,
poor medical care probably led to death. Earlier this month, Dr. Robert Cohen,
the associate monitor on medical issues for Hadix, informed U.S. District Judge
Richard Enslen of Kalamazoo that many prisoners with chronic medical problems,
including seizure disorders, HIV infection, hypertension and diabetes, had not
received their medications for about five days. You won't hear much about any of
these cases. Screwups and poor quality care are shielded by the secrecy of
prison life in general, the confidentiality of medical records, and the rights
to withhold information that private companies enjoy, even when they get
millions of dollars of taxpayer money. Malpractice suits, which could discourage
poor medical practices, have little effect on prisons. Unsympathetic juries,
hurdles to getting inmates' medical records, and compensation caps under the
Prison Litigation Reform Act discourage attorneys from taking any but the most
serious and clear-cut cases.
April 22, 2004
Hepatitis C infection among Michigan prisoners is less widespread than
feared -- affecting an estimated 13.8 percent of the population -- a new study
finds, but the state still needs millions to treat inmates at risk of developing
liver failure, corrections officials say. "I am highly skeptical
because it's so out of whack with what other states have found, and there's no
good independent reason why Michigan should be any different than any other
state," said David Santacroce, an assistant professor of law at the
University of Michigan who has reviewed 200 records of infected inmates.
Santacroce and other critics charge that Michigan corrections officials and a
private company the state uses for medical care, Correctional Medical Services
based in St. Louis, Missouri, are not treating inmates properly.
"There are hundreds, if not thousands, of people dying of this disease
because the Michigan Department of Corrections and their primary health
provider, CMS, does not want to spend the money," Santacroce said.
(Lansing Bureau)
Oaks
Correctional Facility
Eastlake, Michigan
Wexford, Correctional Medical Services
December 1, 2004 Lundington Daily News
A
former Oaks Correctional Facility physician pleaded guilty to four counts of tax
evasion with a total tax liability of $139,794. Dr. Daniel Smalley, 56, formerly
of Wellston now of Ludington, is scheduled for sentencing at 1:30 p.m. Feb. 22,
2005 at the Lansing Federal Building. On June
28, 2004, Smalley was arrested at the Baltimore Washington International
Airport, in Baltimore, Maryland, after returning from Ghana, West Africa.
According to a complaint filed in June 2004, during the years 1997
through 2002, Smalley was employed at both the Baraga Correctional Facility,
Baraga, and at the Oaks Correctional Facility, Eastlake, working for several
different companies, including Genesys Integrated Group, Wexford Health
Services, the State of Michigan, and Correctional Medical Services.
In 1996 and 1997, Smalley provided Genesys with what U.S. attorneys are
calling a false W-4 form, claiming to be exempt from all federal income taxes.
In 2002, the IRS submitted a notice of levy to Correctional Medical Services to
collect taxes due and owing from his wages. Each count of conviction carries a
maximum penalty of five years’ imprisonment and a $250,000 fine.
South Haven
South Haven, Michigan
Wackenhut (now Group 4)
February 16, 2010 Grand Rapids News
Less than a month after a federal judge rejected James and Glenna Chandler's bid
to punish the security company that employed five men convicted of killing their
daughter in Holland in 1979, the couple has filed an appeal, pushing their case
forward. Janet Chandler's father filed the appeal Tuesday with the U.S. Court of
Appeals for the Sixth District in Cincinnati, records show. The Chandlers have
claimed Wackenhut Corp. -- which employed five of the six people convicted of
Janet Chandler's slaying -- did not conduct sufficient employee background
checks, or properly supervise their workers. They also contended Wackenhut
helped hide the employees' involvement in the murder, which took nearly three
decades to solve. The family was seeking cash damages for the mental pain and
suffering inflicted by the death of Janet, a 22-year-old Hope College student.
On Jan. 19, U.S. District Judge Janet Neff dismissed the Chandlers' claims
against the Florida security firm, which hired guards during a strike at a
Holland area plant. Neff said the allegations were filed after a three-year
statute of limitations. July 31, 2009 Grand Rapid Press
The state Court of Appeals has rejected the appeals of four men convicted in the
1979 killing of Janet Chandler, the 23-year-old Hope College student who was
abducted, raped and slain by Wackenhut Corp. security guards. She worked as the
overnight clerk at the former Blue Mill Inn in Holland when she became
acquainted with the Wackenhut workers who were providing security at a local
plant during a labor strike. She was taken to a guest house where she was
brutalized, her body later dumped near South Haven. The 22-page ruling,
upholding the convictions of James "Bubba" Nelson, 62, Freddie Parker, 52,
Arthur Paiva, 57, and Anthony Robert Eugene Williams, 58, came this morning,
about two weeks after attorneys presented arguments before the state Court of
Appeals. All were convicted of first-degree murder and are serving life
sentences without hope for parole. Two others, Laurie Swank and Robert Lynch,
pleaded guilty to second-degree murder and testified for the prosecution. They
are serving lesser sentences. A cold-case team of Holland police and state
police detectives cracked a code of silence that kept the case unsolved nearly
three decades as the suspects scattered around the country after the strike
ended. July 14, 2009 WOOD TV
Four men convicted in the rape and murder of Janet Chandler will have their
appeals heard in court Tuesday. James Nelson, Anthony Williams, Freddie Parker
and Arthur "Carl" Paiva each filed appeals for various reasons. Nelson claims
there was insufficient evidence proven to convict him beyond a reasonable doubt;
Williams claims his due process was violated and he was identified through
"impermissibly suggestive" methods. He also claims he was denied a fair trial by
being tried jointly with the others; Parker claims his counsel was ineffective,
and that the court abused its discretion in denying separate trials.; and Paiva
claims his Sixth Amendment rights to confrontation were denied. Those four, plus
Robert Lynch and Laurie Swank, were convicted late in 2007 of murdering
Chandler, a Hope College student working at the Blue Mill Inn in Holland, in
1979. Chandler was kidnapped and taken to a guest house where she was repeatedly
raped, tortured, then finally died after being strangled with a belt. Her body
was dumped along I-196 near South Haven. In December 2008, James and Glenna
Chandler, Janet's parents, filed a lawsuit against the Wackenhut Corporation,
the company for which Nelson, Williams, Parker and Paiva worked.
December 18, 2008 Holland Sentinel
The family of Janet Chandler — the 22-year-old woman gang-raped and murdered
in 1979 by a group of security guards — filed a civil lawsuit in federal court
Wednesday, Dec. 17, alleging that the security company did not properly
investigate backgrounds of its employees. In the complaint, the Chandlers allege
that the Wackenhut Corporation’s negligent hiring practices caused mental pain
and suffering for the family. “An appropriate investigation would have revealed
the unsuitability of the involved employees for the particular duty to be
performed or for employment in general,” the lawsuit states. It also states that
Janet Chandler’s murder is a result of the company’s negligence. The Chandlers
asked for at least $75,000 from the Wackenhut Corporation. Jurors convicted
former Wackenhut security supervisor Arthur Carlton Paiva of first-degree murder
for his role in the murder in November 2007. In addition, Paiva was also found
guilty of felony murder during a kidnapping and felony murder during a criminal
sexual assault. Former guards James Nelson, Freddie Parker and Anthony Williams
were each convicted of second-degree murder, felony murder during criminal
sexual assault and felony murder during a kidnapping. All four men are serving
life terms in prison without parole. Two others — Robert Lynch and Laurie Ann
Swank — pleaded guilty to lesser charges. All had been working at the Blue Mill
Inn on Jan. 31, 1979, the night Janet Chandler, a Hope College student and desk
clerk at the motel, was abducted and taken to a Holland Township party where the
security guards raped, strangled and killed her.
November 2, 2007 Grand Rapid Press
As they sifted though the many details of Janet Chandler's murder, jurors who
convicted four of her attackers Thursday said they found themselves stepping
back and forth in time. Jurors said they rattled off the names of the suspects
in Chandler's 1979 murder, one by one. They looked at statements made to
investigators in the early days of the investigation, then compared them with
information gathered recently by a cold-case team. Sorting through 28 years of
faded memories and disturbing images tucked away in the recesses of witnesses'
minds, the jury determined it all pointed to deliberate planning by Arthur
"Carl" Paiva and a band of Wackenhut security guards who were found guilty of
murder for the Hope College student's strangulation. "All the statements given
by the suspects and the others who were interviewed led back to (Paiva)," said
Thomas Foley, a Grand Haven Township man who was the jury's foreman. "They all
connected him to the planning, to what happened and how it happened." The trial,
which saw its first witness take the stand Oct. 18, wrapped up after a day and a
half of deliberations by the jury. As Foley Thursday night announced guilty
verdicts against Paiva, Anthony Williams, Freddie Parker and James Nelson that
will land them a mandatory life sentence in prison, Janet Chandler's mother,
Glenna Chandler, broke down in tears. Call it years of anguish coupled with an
immense sense of relief, said David Schock, a Chandler family friend and former
Hope College professor credited with renewing interest in the case. A
documentary produced by Schock's class four years ago prompted the inquiry by a
four-person cold case team. "These (the Chandler family) are strong people who
have lived the last 28 years of their lives moment by moment," Schock said.
"It's been a long road for them, and only their faith sustained them. It
sustained all of us who wanted justice for Janet." Glenna Chandler and her
husband, James, left the courthouse without speaking to reporters. The Muskegon
couple sat through two weeks of testimony that depicted a brutal murder and
allegations that their daughter had led a double life. The 22-year-old aspiring
singer and devout Christian also was involved in sexual relationships and
partying with guards working at a Holland Township industrial strike, according
to testimony. Chandler's body was found the day after her disappearance, nude
and half-buried in a snowbank near South Haven. The guards, who stayed at the
Blue Mill Inn, long had been suspected in the slaying, but what witnesses
described as a code of silence -- sometimes backed by death threats -- stymied
investigators. The end of the strike dispersed those involved, complicating the
initial probe into Chandler's abduction during what appeared to be a robbery at
the Blue Mill, where she worked. Two other people involved in the killing, guard
Robert Lynch and Chandler's co-worker and roommate Laurie Swank, eventually
confessed to the crime and implicated others. Family members of the defendants,
who sat stone-faced upon hearing their guilty verdicts, declined to comment as
they left the courtroom. Paiva was convicted of first-degree murder while the
other defendants were found guilty of felony murder stemming from the kidnapping
and sexual assault. Each carries a life term. Paiva's relatives embraced and
consoled each other, while a sister of Parker briefly needed medical attention
before leaving. Parker's son shouted angrily at a television crew as he walked
to his vehicle. "It's a difficult thing for anyone to handle," said Joe Legatz,
who defended Nelson. Legatz said the resources allocated by the state attorney
general's office and local investigators stacked the odds against the four
defendants. "It was a significant challenge, but I'm not going to sit here and
whine about it," he said. "It's my feeling that we raised reasonable doubt and
that the prosecution witnesses just kind of brought (Nelson) into it through 29
years of trying to forget. "You can't second-guess a juror and what they felt.
Whether there are appellate issues to take up, I guess that's the next step."
Holland Police Chief John Kruithoff said he hopes the verdict brings "peace and
closure to the Janet Chandler family." Other authorities involved in the case,
including prosecutors, refused to comment until a news conference today. James
Fairbanks, the lead detective on the murder case in January 1979, became
emotional at the end of Thursday's proceedings. Like the Chandlers, he waited
years for finality. "It's about time. I regret we couldn't have done it sooner,"
said Fairbanks, now retired. "We finally got them. It was a long, long hard
road. "It's something I never forgot. Janet Chandler was always in my mind since
it happened." Jurors said statements obtained in 1979 by Fairbanks and other
detectives helped when evaluating the veracity of witnesses' testimony. "There
wasn't much hard evidence, but all the documentation (then) helped show the
differences," Foley said. "There was intent and planning, and Paiva was
connected to it more than anyone else." Schock, the former Hope professor,
expressed a satisfaction at the finding. At the same time, he was dazed by the
covert nature of up to a dozen witnesses to the rape and murder. "I'm always
stunned by evil," he said. "How can you not be stunned by that?" He said the
Chandler family holds no malice toward Janet's killers. They realize the
profound impact this has had on their lives and how it will take them from their
families. "They are gratified by justice, but there is no joy," he said. A
Dateline NBC television crew, producing a segment on the Chandler investigation,
asked Schock if he ever dreamed of an end to the case. He responded that he had,
and he was inspired by the victim's family's faith. "Faith is the hope for
things unseen," Schock said. "You work for something that may lead to nothing,
but if you don't take the risk, if you don't believe, you get nothing."
October 23, 2007 Grand Rapids Press
They witnessed Janet Chandler's brutal rape and murder, then kept a "code of
silence" for 27 years to protect themselves. Former Wackenhut security guards
who worked with four men now on trial for Chandler's 1979 murder could take the
stand as early as Tuesday. Harry Keith and Glenn Johnson have testified at
earlier hearings against defendants in the Chandler murder case and today were
in the Ottawa County Prosecutor's Office to prepare for testimony. In the past,
Keith has corroborated other witness accounts that several guards assaulted
Chandler at a house on Lake Macatawa, choking her with a belt until she died.
Specifically, he earlier testified he saw Robert Lynch on top of Chandler,
slapping and hitting her as his knees pinned her shoulders down. He was pulling
up on a belt around Chandler's neck until she went limp, Keith testified. Lynch
already has pleaded guilty to second-degree murder and was sentenced to a
minimum of 25 years in prison. Prosecutors say Lynch, Arthur Paiva, Freddie
Parker, James Nelson and Anthony Williams were former Wackenhut guards, in
Holland patrolling a strike at the Chemetron plant, when they took part in
Chandler's slaying. All but Paiva were staying at the Blue Mill Inn where
Chandler, 22, worked as a night desk clerk. Paiva stayed at a Chemetron guest
house on Howard Avenue, the site of a Jan. 31 party where authorities say the
guards and former inn supervisor Laurie Swank carried out a plan to "teach
(Chandler) a lesson" for her alleged sexual relations with numerous guards.
Keith, Lynch's roommate at the Blue Mill Inn, earlier testified he saw "Bob
standing next to the body, poking and pushing it, making sure if she was alive
or dead." Johnson was a captain with Wackenhut and said he saw Nelson take
Chandler from her job at the inn and put her blindfolded into a van. Johnson,
who uses a wheelchair after two strokes, explained the "code of silence" among
guards at an earlier hearing. He said the guards stuck together to protect each
other after the slaying. In addition to former guards, maids who once worked at
the Blue Mill Inn are expected to testify this week.
October 18, 2007 Grand Rapids Press
A prosecutor this morning described the Janet Chandler murder as "so ruthless,
so savage, so horrific that I guarantee it will make your skin crawl" as jurors
listened to her opening statement. Assistant Attorney General Donna Pendergast
likened the 22-year-old woman's murder to a movie, describing what testimony
will show as "terror, torture, and a savage rape and brutal murder. "This trial
will tell the story of a lurid tale of decadent behavior, a tale of rape and
revenge," she told jurors. Four former security guards with the Wackenhut
Security Corp. are on trial for the murder of Chandler on Jan. 31, 1979. Defense
attorneys hinted at what their arguments will be in their opening statements.
Floyd Farmer, representing Arthur Paiva, suggested other witnesses are lying
about Paiva's participation in the murder, because he was disliked by other
guards. Farmer also said Lori Swank, who already has pleaded guilty in the
crime, was upset with Paiva and implicated him. Defendant Freddie Parker's
attorney said witnesses will testify Parker was in West Virginia on Jan. 31,
1979. Attorneys for Anthony Williams also said few witnesses named their client
as being there. May 21, 2007 Muskegon Chronicle
As the trial date for four suspects in the Janet Chandler "cold case" murder
creeps closer, one is asking for a separate trial to keep the others from
blaming him. At the same time, another suspect tried to proclaim his innocence
in a letter to Ottawa County Circuit Court Judge Ed Post. The legal wrangling
among Freddie Parker, 50; Arthur Paiva, 54; James "Bubba" Nelson, 59; and
Anthony Eugene Williams, 59, may intensify this summer as the Oct. 16 murder
trial approaches. All are accused of raping and murdering Chandler, a
22-year-old Hope College student who worked as a night-desk clerk at the Blue
Mill Inn in January 1979. Chandler's naked body was found in a snowbank in the
Int. 196 median near Covert. The four men were Wackenhut Corp. security guards
patrolling a strike at two Chemetron facilities in Holland and staying at the
inn. Their biggest obstacle at trial will be trying to discredit eyewitness
testimony from Laurie Swank, 49, a former Blue Mill Inn supervisor who already
has pleaded guilty to second-degree murder and awaits sentencing. Another former
guard, Robert Michael Lynch, 67, also has admitted he took part in the murder
and is serving a minimum 25-year prison sentence. Parker, 50, is tentatively
asking Post for a separate trial over worries that Paiva, Nelson and Williams
will try to blame him and each other for the murder.
March 29, 2007 Muskegon Chronicle
Freddie Parker, one of six suspects in the 28-year-old murder of Janet
Chandler, long has insisted he was not in Michigan when the Blue Mill Inn night
clerk died. But his former girlfriend testified in court Wednesday that he took
part in the brutal rape, torture and slaying of Chandler, a 22-year-old Hope
College student from Muskegon. Diane Marsman, an inn maid in January 1979, said
Parker was one of several Wackenhut security guards she saw raping Chandler
before she died, bound with a belt around her neck. Later, shortly before
Chandler's funeral, Parker and several guards met at the inn and gloated about
the incident. "They were like bragging and boasting about what they did to
Janet," Marsman said. "What they did to her and how they gave it to her."
Parker, 50, who was extradited from West Virginia last month to join five other
suspects charged with killing Chandler, was in the Holland branch of Ottawa
County's 58th District Court for a probable cause hearing Wednesday. Judge Brad
Knoll adjourned the hearing to an April date after Marsman's testimony because
two Michigan State Police troopers and Ottawa County Medical Examiner Dr. David
Start were unavailable to testify. Parker, who fought extradition, is the last
of the suspects still at the district court level.
February 5, 2007 The Grand Rapids Press
Janet Chandler's former boss and roommate -- a woman who admitted to instigating
the fatal attack on Chandler out of jealousy -- pleaded guilty today to
second-degree murder. Laurie Swank, 49, earlier admitted she was involved in
meetings with Wackenhut Security guards who plotted to "take care of (Chandler)"
because they were angry with the 23-year-old clerk at the Blue Mill Inn. In a
surprise move last month, Swank accepted a plea deal for a minimum 10-year
sentence and provided key testimony against three other suspects in the Chandler
murder. Swank today read a statement before Ottawa County Circuit Judge Ed Post,
who accepted her guilty plea. In a monotone voice, Swank admitted to being in
the room when Chandler died. "Janet was being raped against her will. There was
also a belt around her neck, and others were applying pressure to it," Swank
said. "For a period of time while I was there I encouraged the participants to
continue while Janet went in and out of consciousness." Swank is one of six
people charged in January 1979 murder, where Chandler was raped, tortured and
eventually strangled to death with a belt. Wackenhut guards, patrolling a strike
at Chemetron Pigments and staying at the Blue Mill Inn, took her from her night
clerk's post at the inn to a guest house on Chemetron property in Holland
Township. There, she was sexually assaulted and tortured for hours until she
died. Her body was dumped in a snowbank in the Int. 196 median near Covert.
January 22, 2007 The Grand Rapids Press
Robert Michael Lynch, the first suspect charged in the Janet Chandler
murder, was sentenced to 25 to 40 years in prison Monday as Chandler's crying
parents looked on. "You, Mr. Lynch, took her life, but you never took her soul,"
said Chandler's mother, Glenna. "God will be your final judge, not us. May he
have mercy." James Chandler, her father, thanked those who cracked his
daughter's 28-year-old murder, including the police cold-case team and Hope
College students who filmed a documentary. "What can I say to people that have
no conscience and no regard to human life," James Chandler said, weeping before
he and his wife left the Ottawa County Circuit courtroom. Lynch's sentence was
predetermined before today's hearing. Lynch pleaded guilty to second-degree
murder in December. Lynch said little at Monday's sentencing, except to offer a
brief apology to the Chandler family. "I hope the family rests in peace and I
also ask for forgiveness from Janet," he said. When Lynch, 67, was arrested in
February 2006, police described him as a ringleader in the murder. Janet
Chandler, 23, was a night clerk at the Blue Mill Inn at U.S. 31 and 16th Street
when she went missing Jan. 31, 1979, in an apparent abduction and robbery. A
four-person cold-case team assembled in 2004 began tracking leads involving
several security guards staying at the inn and eventually determined they raped
and strangled Chandler. Court documents and earlier testimony showed the guards
were motivated by jealousy and anger toward Chandler, who allegedly was
intimately involved with several guards. The guards, with Wackenhut Security,
were in Holland to patrol a strike at the Chemetron property in Holland
Township. January 19, 2007 The Grand Rapids Press
At the heart of a 27-year murder mystery, the memory of Hope College student
Janet Chandler is overrun by lurid, disturbing testimony of relationships with
suspects in her rape and killing. But her family's memory of Chandler is locked
in time as a beautiful daughter, sister and niece whose singing once echoed in
their church. She is still Dennis Chandler's big sister. "She was always trying
to look out for her younger brother," the 46-year-old said Thursday, outside
Holland District Court. "I remember her singing at weddings and church, and
everything else. That's the side we all know." Another side aired Thursday as
witnesses, in a probable-cause hearing, described the plot to kill Chandler, 23,
then a night clerk at the former Blue Mill Inn in Holland. She allegedly angered
others by having relationships with out-of-state Wackenhut guards in town to
provide security at the striking Chemetron Corp. Witnesses said Chandler was
handcuffed, led away from the hotel and taken to a Chemetron guest house in
Holland Township. With a belt around her neck, her wrists and ankles bound and
tape covering her mouth and eyes, she was beaten on the head and repeatedly
raped, they said. The attack took hours before her body finally went limp. Her
body turned up the next day, Feb. 1, 1979, in a snow-covered median on Int. 196
near South Haven. Although many witnessed or took part in the crime, everyone, a
judge said, "for reasons that this court finds absolutely astounding," stayed
silent until a team of state police and Holland police detectives reopened the
investigation about three years ago. The first arrested, Robert Lynch, 67, of
Three Oaks, pleaded guilty to second-degree murder and awaits sentencing. A
second suspect, Laurie Swank, 48, of Pennsylvania, will plead guilty to
second-degree murder and faces 10 to 20 years in prison. She testified for the
prosecution. James "Bubba" Nelson, 59, of West Virginia, Anthony Eugene
Williams, 55, of Wisconsin, and Arthur "Carl" Paiva, 54, of Muskegon, were
ordered by Holland District Judge Bradley Knoll to stand trial in Ottawa County
Circuit Court. All are charged with first-degree murder. Freddie Parker, 50, is
fighting extradition in West Virginia. Former hotel maid Diane Marsman said
guards planned a "gangbang" because Chandler was "sleeping with other guards."
She said Nelson led Chandler, her arms in handcuffs behind her back, from the
hotel. She saw men raping her before Chandler died. "We were told, we were
threatened, not to tell anybody." The code of silence crumbled long after
relationships ended. At the defense table, the suspects showed no apparent ties
to one another. Witnesses, with hazy recollections or "dream-like" memories,
used old photos to identify the suspects. "It's been a long time -- I do not
know these people," Swank testified. She was the hotel manager and Chandler's
roommate. She said Chandler's popularity with the guards, particularly Paiva,
made her jealous. Guards planned a "surprise party," Swank said. "They were
going to be putting her into her place, so to speak. ... They were going to
(rape) her to death." At the Chemetron guest house, used by Paiva, the
supervisor, 10 to 15 people were drinking and smoking marijuana. Chandler was
bound, with a belt around her neck. Swank said she watched men beat and rape
her. Swank called her a name. Lynch was pulling the belt when someone said,
"She's dead," she said. Swank said she ran out, and was threatened with harm if
she told police what happened. Lynch, facing 25 years in prison, was waiting in
the wings Thursday, but his testimony was not needed. Defense attorneys noted
witnesses repeatedly lied to police and suggested that detectives planted ideas
or coerced testimony. "Would you agree the evolution of your story has been, in
large part, a product of pressure put on you by investigating police officers?"
attorney Steven Fishman, representing Williams, asked a witness. According to
testimony, others not charged also had attacked Chandler. Police said the
investigation is ongoing but would not comment on additional suspects. The
allegations are difficult for Chandler's family, including parents James and
Glenna. But nothing has been easy since their daughter died. They relied on
their faith. They don't believe everything said about her. They asked for
justice. "The bottom line is, she was kidnapped, raped and murdered," brother
Dennis Chandler said. "Everybody, you know, they're going to have to face
judgment some day. They have had 27 years to come forward. Nobody did.
Obviously, nobody did."
January 18, 2007 The Grand Rapids Press
Hope College student Janet Chandler died in 1979 of ligature strangulation
consistent with a belt being tightened around her neck, a medical examiner
testified today in Holland District Court. In a hearing of evidence against the
suspects charged in the slaying, Dr. David Start testified about his review of
an autopsy report. His findings were questioned by one defense attorney, who
suggested Chandler may have been accidentally strangled to death during a
voluntary sex act. "I don't know the motives of those involved. All I know is
she died of strangulation," Start said. Just before testimony was to get
underway, the lone woman charged in the case waived her right to a probable
cause hearing. Laurie Swank, 48, Chandler's work supervisor at the former Blue
Mill Inn, entered the courtroom wearing a blue jail jumpsuit for the brief
proceeding. The Pennsylvania woman said nothing and prosecutors did not disclose
any pending plea agreement. Soon after, testimony got under way after James
"Bubba" Nelson, 59, of West Virginia; Arthur Paiva, 54, of Muskegon; and Anthony
Williams, 55, of Wisconsin; entered the courtroom in jail uniforms. Another
suspect, Freddie Parker of West Virginia, is fighting extradition. The first
arrest came with Robert Michael Lynch, 67, of Three Oaks, in February 2006,
followed by five others in September. Lynch has been convicted of second-degree
murder and is awaiting sentencing Monday. Prosecutors with the state attorney
general and Ottawa County prosecutor's office planned to call multiple witnesses
for today's probable causing hearing, which could last into the evening.
Chandler's parents, James and Glenna Chandler, sat in a front row of the
courtroom while family of the suspects sat in other rows. Although the case has
generated high interest, the courtroom was only about half full. During
testimony, Start said a screen of Chandler's blood showed no evidence of
barbituates or alcohol in her bloodstream. Williams' attorney, Elizabeth Jacobs,
asked whether Chandler's body showed any bite marks, but Start said no. He also
said there was no evidence of bruising or abrasions from an earlier time period.
The case attracted national media attention last fall when police announced the
arrests of five suspects who had lived quietly for 27 years, keeping the murder
a secret from friends and family. Chandler, 23, was working as night desk clerk
at the former Blue Mill Inn when she disappeared Jan. 31, 1979, in what appeared
to be an abduction and robbery. Her nude body was found a day later in the Int.
196 median near Covert, dumped in a snowbank. Leads faded for detectives
investigating the case, but a cold-case team formed in 2004 eventually found
witnesses to divulge bits and pieces of information that helped them solve the
murder. Details about Chandler's death slowly emerged -- a tale of jealousy and
anger against her by numerous security guards staying at the inn. The Wackenhut
Security guards were in town to patrol a strike by workers at two Chemtron Corp.
properties and some became intimately involved with Chandler.
December 19, 2006 The Grand Rapids Press
For most of Roger Van Liere's 29 years with the Holland Police Department, the
1979 killing of motel clerk Janet Chandler went unsolved. All along, Van Liere,
a detective sergeant assigned to the city's most violent crimes, thought it
could be cracked. He jumped at the chance three years ago to join a four-man
cold-case team. "We knew, the day we were assigned to it, we were going to solve
it," Van Liere said recently. On Monday, the prosecution took a major step with
a guilty plea by Robert Lynch, 67, the first of six suspects -- including five
former security guards -- to publicly lift the veil of secrecy that police say
protected the killers so long. Lynch faces at least 25 years in prison when
sentenced next month for second-degree murder. He has agreed to testify against
his co-defendants. Chandler, a 23-year-old Hope College student, was working at
the former Blue Mill Inn at East 16th Street and U.S. 31 when she befriended
Wackenhut Security guards who were staying at the motel and hired to provide
protection at the striking Chemtron Corp. Police say security guards lured
Chandler to a Chemtron house in Holland Township where she was handcuffed,
beaten, raped and strangled during a party. Her body was found the next day in a
highway median in Covert. Lynch admitted he was involved in Chandler's abduction
and held a belt around her neck. "Well, I was aware of the abduction, and took
an active part in the abduction. And then went to the party and did with intent
-- actually tried sexually assaulting her and was in the room when she was
murdered." Then, he told Ottawa County Circuit Judge Edward Post: "I would like
to say that, once this mess is over, I hope that this brings the Chandler family
some peace, and that's all I have, sir." Lynch likely will spend the rest of his
life in prison.
October 26, 2006 West Virginia Gazette
On Friday or Monday, Fayette County authorities plan to serve a governor’s
warrant from Michigan on a West Virginia murder suspect who has fought
extradition. By Monday, Freddie Bas Parker, 49, of Powellton should be served
with a Michigan warrant and appear before Fayette County Circuit Judge John
Hatcher for arraignment, Sheriff Bill Laird said. Parker and James Cleophus
“Bubba” Nelson, 59, of Rand are two of six people charged this year in the 1979
death of motel clerk Janet Chandler in Holland, Mich. At hearings last month,
Nelson waived extradition, but Michael Del Giudice, a lawyer for Parker, said he
intended to fight extradition to Michigan because his client returned to West
Virginia before Chandler died. Police believe Nelson and Parker worked for
Wackenhut Corp., providing security during a Chemtron Corp. labor strike, and
stayed at the motel where Chandler worked. Several men at a party took turns
raping and strangling Chandler, police said. But they believe she died at the
hands of Robert Michael Lynch, 66. He was arrested in February and provided
police with information that led to additional arrests.
October 6, 2006 The Grand Rapids Press
For 25 years, James Nelson was considered an "ear" witness to Janet
Chandler's abduction from her night desk job at the Blue Mill Inn. He told
detectives he was in his motel room, talking with Chandler on the phone, when he
heard her tell someone, "Don't take all the money." In reality, police say,
Nelson played an integral role in staging the robbery, lying to investigators
and later killing the 23-year-old Hope College student. Nelson, 59, was
arraigned Thursday in Holland District Court on three counts -- premeditated
murder, kidnapping leading to murder and sexual assault leading to murder. He is
one of six suspects charged in the January 1979 slaying that police say was
carried out by several Wackenhut Corp. security guards, as well as a female
manager at the Blue Mill Inn. Nelson was arrested more than two weeks ago at his
Rand, W.Va., home and brought to Holland late Wednesday after waiving
extradition.
September 21, 2006 The Citizens Voice
Laurie Ann Swank watched a group of men rape her college roommate in 1979
and knew they planned to kill her — but instead of helping the defenseless woman
she encouraged the brutality, according to an arrest warrant released Wednesday,
the day the Nescopeck woman was arraigned on murder charges in Michigan. Not
only did Swank know the 23-year-old woman, Janet Chandler, would be killed, she
plotted to lure the Hope College senior to a party and is accused of “enticing
and encouraging the men to do what they did,” Michigan Attorney General Mike Cox
said in announcing five new arrests in the murder mystery. Swank, 48, has lived
in the Luzerne County borough of Nescopeck for the last five years and was
arrested late Monday at her Third Street home. She was a nursing assistant at
Geisinger Medical Center, Danville, for more than 15 years, a hospital spokesman
said. Authorities in Michigan say Swank has conceded knowledge about the brutal
sex slaying plot and her role, admitting she “verbally assaulted Janet as she
was being beaten and raped,” according to the arrest warrant filed in the
27-year-old case. Swank is among six people charged in the Jan. 31. 1979, murder
in Holland, Mich. The five others were men working as security guards from the
Wackenhut Corp. during a labor strike. All are charged with three counts of
murder, including premeditated murder. At the time of the killing, 21-year-old
Swank was the night shift supervisor at Blue Mill Inn in Holland, where Chandler
worked as a clerk. Four of the male suspects were staying at the hotel,
authorities said. Another suspect lived in a nearby guest home, where the
beating, rape and strangulation of Chandler allegedly occurred. A plot to kill
Chandler was developed out of anger, bitterness and jealously that arose from
intimate relationships guards had with females, including Chandler, at the
hotel, the arrest warrant states. On Jan. 31, 1979, Chandler was told the guards
and Swank were taking her to a surprise party, but then she was handcuffed,
kidnapped, and taken to the guest house where the gruesome crime occurred, the
warrant says. Chandler’s nude body was found the next day along a snowy highway.
Two weeks later, the labor strike ended and the security guards left town. The
case remained a mystery for nearly three decades. About 15 to 20 people were at
the home the day Chandler was killed. Apparently, they all were able to keep the
secret until now, as several witnesses have finally come forward, authorities
said. The six females at the home, including Swank, “were all individually
threatened after the incident that if they ever talk, the same thing that was
done to Janet would happen to them,” the arrest warrant says. The first arrest,
of Robert Lynch, 66, Three Oaks, Mich. was made in February. He has admitted to
the crime, the warrant says. Holland police Chief John A. Kruithoff wouldn’t say
if Lynch pointed out the other suspects, but did say, “He was talking to us.” As
for Swank, at her arraignment Wednesday, she was still wearing her nursing
scrubs uniform. She shook her head and appeared confused and on the verge of
tears as a judge explained the charges, the Grand Rapids (Mich.) Press reported
Wednesday. “Where will I stay,” she asked. The judge told her jail, the paper
reported. She then said she wanted to speak with her family. Swank has local
ties, but family members declined comment.
February 10, 2006 The Chronicle
Security guards living in a Holland motel told the friendly desk clerk,
23-year-old Janet Chandler of Muskegon, they were taking her to a surprise
party. Then some of them sexually assaulted her and used a belt to choke her
before she died in a Holland Township house 27 years ago, a court affidavit
shows. The affidavit outlines police testimony given in a closed hearing held by
prosecutors to obtain an arrest warrant for 66-year-old Robert Michael Lynch of
Three Oaks. The affidavit details the brutality of the Hope College senior's
abduction and death Jan. 31, 1979. It also shows she likely did not see the
impending danger when two men, whom she apparently knew, took her to a home
north of the city. Police on Wednesday announced a break in the cold case with
the arrest Lynch. He remains jailed and could face life in prison if convicted.
Other suspects are being sought, police said. While investigators would not say
whether Lynch confessed, testimony from a state police detective shows he
allegedly admitted as much. In January 1979, Lynch was among a large group of
temporary security guards hired by Wackenhut Security Corp. to patrol the
strikebound Chemtron Corp. in Holland Township. Dozens of guards -- 120 were in
Holland at the time -- stayed at the former Blue Mill Inn where Chandler worked
as a night desk clerk. Testimony from Detective David Van Lopik showed several
people, including Wackenhut security guards, planned a party at a house near
Chemtron used by security staff. "Part of the plans were to take Janet Chandler
to this party," Van Lopik testified, according to the affidavit. Lynch and
another guard told Chandler they were going to have a surprise party for her,
then put a blindfold on her and taped her mouth before "escorting" her to a
vehicle, testimony showed. Van Lopik's statement did not indicate whether
Chandler, who was clerking at 2 a.m. on Jan. 31 when she disappeared, went
willingly. When Holland District Judge Susan Jonas asked Van Lopik where he got
his information, he named Lynch and other former Wackenhut guards and personnel.
Chandler was taken to house on the city's north side and assaulted. The house
has since been torn down. After being held for some time, "different individuals
placed a belt around Janet Chandler's neck and were pulling on the belt," Van
Lopik testified. Detectives Wednesday said Lynch was the one who killed
Chandler, though police would not say how many others were involved in the
abduction and assaults. "Robert Lynch advised that he also participated and
pulled on the belt until Janet Chandler's body went limp," Van Lopik testified
in the affidavit. Lynch checked for a pulse, found none, then told other
security guards and the strike coordinator that she died, Van Lopik told the
judge. "Robert Lynch then, at the direction of others, assisted in cleaning up
and took the body in his vehicle to the (I-196) median cross-over in Covert
Township, where he removed the body of Janet Chandler from the trunk of the car
and placed her underneath a tree," the detective testified. Michigan State
Police Lt. John Slenk, head of the "cold case" investigation that began nearly
two years ago, said Lynch's name emerged as a prime suspect through tidbits of
information obtained from multiple interviews. "Detectives developed enough
discrepancies from enough people to suspect him," he said. Police interviewed
Lynch several times, as well, and detectives said he has cooperated to a degree.
Slenk said he will not be satisfied until police have enough evidence to arrest
others who participated in the abduction and assault.
October 21, 2004 Herald Palladium
State
police have reopened the investigation into the 1979 abduction and murder of
Janet Chandler, 23, whose body was found along Interstate 196 south of South
Haven. Now they are trying to locate anyone who
might have stayed at the motel in January or February 1979 to gather more
potential helpful clues or information. Police
are particularly interested in speaking to several Wackenhut Corp. security
guards who were working for a local manufacturing company and were staying at
the motel at that time.
South
Michigan Correctional Facility
Jackson, Michigan
Correctional Medical Services
July 7, 2008 Daily Telegram
A lawsuit over the death of a mentally ill, 21-year-old Adrian man while he
was shackled inside a prison cell for four days during a heat wave two years ago
has been settled in United States District Court. The parents and three brothers
of Timothy Joe Souders are to share in a $3.25 million settlement approved in
late June by Judge Bernard Friedman. The lawsuit was completed Wednesday with a
dismissal order for Correctional Medical Services Inc., a private contractor
providing medical care to inmates at the Southern Michigan Correctional Center
in Jackson where Souders died. The state is paying $2.86 million of the
settlement total with a private insurance company contributing the remainder,
said Corrections Department spokesman Russ Marlan. The law firm of Geoffrey
Fieger of Southfield is to receive more than $1 million as its one-third fee for
handling the case. Souders’ mother and father are each to receive structured
settlements worth nearly $730,000. His three brothers are to receive structured
settlements of $200,000 each.
October 14, 2006 The Grand Rapids Press
The use of four-point restraints as punishment for prison inmates meets the
American Medical Association's definition of torture and should be discontinued,
a doctor appointed by a federal judge to monitor health care in Michigan's
prisons testified Friday. The continued use of restraints is "likely to result
in future deaths," Robert Cohen warned U.S. District Judge Richard Enslen. He
blamed the Aug. 6 death of Timothy Joe Souders, a 21-year-old mentally ill
inmate, on the fact he was shackled atop a steel table in the Southern Michigan
Correctional Facility in Jackson for most of four days during a heat wave.
"While naked in bed, he was found to be lying in his own urine and feces," Cohen
said, adding that Souders' "condition during a heat wave required constant
monitoring ... There should be no policy for maintaining prisoners in punitive
restraints. It was that policy that led to his death." After Cohen's testimony,
attorney Elizabeth Alexander, representing inmates in the class action lawsuit,
asked Enslen to issue an order temporarily barring the state Corrections
Department from using restraints to punish prisoners. Enslen appeared inclined
to issue the order, but Assistant Attorney General Peter Govorchin stepped
outside the courtroom to call state Corrections Director Patricia Caruso about
offering a voluntary moratorium on the use of restraints. Afterward, the
attorneys met with Enslen behind closed doors, and later would not say whether
an agreement had been reached to stop restraining prisoners as punishment.
Cohen's testimony came at the end of a three-day hearing in a lawsuit aimed at
forcing the state to improve the care of medically and mentally ill prisoners.
The allegations include: The hospital and other medical units in the Jackson
prison complex are understaffed by doctors and nurses. Written requests by
inmates for medical help often are delayed for several days or ignored.
Referrals to outside medical specialists are routinely delayed for weeks and
even months while sick inmates get sicker and, in some case, die. Prescriptions
for serious illnesses often go unfilled for several days. Last May and June,
critical medications for several inmates were not provided while the Jackson
prison complex was in transition from its own staff of pharmacists to a private
firm called Pharmacorp. One inmate testified his medication for glaucoma and
migraine headaches was withheld as punishment because he talked with attorneys
in the case. Only while he was in court and on the stand Wednesday did a guard
hand him his medication. Some of the responsibility rests with Correctional
Medical Services, the for-profit corporation that provides care for prisoners
under a contract with the state, testified Jerry Walden, an Ann Arbor physician
called as an expert witness for the inmates. "There seems to be an indifference
about care," Walden said, "and I'm concerned about that."
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