We post news and comment on federal criminal justice issues, focused primarily on trial and post-conviction matters, legislative initiatives, and sentencing issues.
REDEMPTION FOR COLETTE PETERS IS AT HAND
On Friday, I reported on last week’s furball at the Senate Judiciary Committee oversight committee hearing, at which Bureau of Prisons Director Colette Peters was soundly thrashed by senator after senator about her agency’s poor correspondence record when it comes to responding to Congressional inquiries.
Specifically, after being warned last fall (during an otherwise kumbaya hearing welcoming Peters as the new director after the unlamented departure of Michael Carvajal) that various letters and requests for information the Senate had sent to the BOP over the previous years had gone unanswered, Colette has let another year’s worth of Senate interrogatories pile up. Her excuse that answers to senators’ letters had to go through a “review process” was as lame as it sounded.
Committee chairman Sen Richard Durbin (D-IL) ended the contentious session with some good advice for Peters: “Senators take it very personally when you don’t answer their questions. More than almost any other thing that I would recommend I’d make that a high priority.” She promised to do better, albeit in a fuzzy way that promised no hard deadlines.
Lucky for Peters, her chance to turn over a new leaf on responding to Senate concerns has already arrived. Last Tuesday, Sens Durbin, Charles Grassley (R-IA), Joe Manchin (D-WV) and Shelley Moore Capito (R-WV) wrote a letter to Peters “regarding allegations of serious misconduct” occurring at FCC Hazelton. The letter asked that DOJ and the BOP “immediately investigate disturbing whistleblower reports of abusive treatment of incarcerated individuals and other employee misconduct… These reports, combined with public reporting on FCC Hazelton’s dire staffing shortages and proliferation of weapons contraband, paint a grim picture of the institution’s inability to ensure a safe environment for those in BOP custody and employees alike.”
The problems at “Misery Mountain” are nothing new. The letter to Peters, however, is quite detailed, alleging that:
- Hazelton staff released the wrong incarcerated individual from the facility after failing to properly identify the correct individual scheduled for release.
- A group of inmates escaped from the prison camp and supervisory staff attempted to cover it up.
- Supervisory Hazelton staff falsified documents, encouraged inmate abuse, and covered up alleged abuse and escapes of incarcerated individuals. The falsified documents include medical assessments, incident reports, duty rosters, and time and attendance sheets, along with requests to tamper with corresponding security cameras to cover up inmate escapes. The employees engaged in these practices have not been disciplined, and, in some cases, received promotions, despite open investigations into their misconduct.
- A staff member punched a prisoner on camera.
- Staff members use restrictive housing punitively against prisoners and engage in a pattern of physical abuse of inmates in the SHU.
- Staff repeatedly use racial slurs against other staff members and prisoners.
- Staff urinated on prisoner property.
- Staff has forced prisoners to urinate and defecate on themselves as a condition of being released from restrictive custody.
- Staff assaulted a prisoner, breaking his ribs.
- Staff beat a SHU prisoner so severely that he had a seizure and had to be hospitalized.
- Staff shreds personal inmate mail and failing to provide inmates access to their mail.
- The existence of an internally organized group comprised of staff at various levels within FCC Hazelton facilities that are partially responsible for the misconduct at the facility, known as the “Good Ol’ Boys Club”.
The letter asks for information regarding the investigation of abuse by no later than October 3rd, including a list of abuse allegations at FCC Hazelton since 2013, a list of FCC Hazelton staff members who have been promoted or transferred while under investigation for inmate abuse, copies of all documents regarding crimes and transfers of BOP staff who have been charged with a crime at FCC since 2013, and the number of employees who continued to work with inmates while under investigation for inmate abuse
WBOY-TV in Fairmont reported that it asked the BOP for a statement and got this:
The Federal Bureau of Prisons responds directly to Members of Congress and their staff. Out of respect and deference to Members, we do not share our Congressional correspondence with the media.
That’s rich. According to the Judiciary Committee, the BOP doesn’t even share its Congressional correspondence with Congress.
One would think that the BOP cannot ignore this letter. But then, no one’s lost money yet betting against Bureau of Prisons transparency.
Senate Committee on the Judiciary, Oversight of the Federal Bureau of Prisons (September 13, 2023)
Associated Press, Senators clash with US prisons chief over transparency, seek fixes for problem-plagued agency (September 13, 2023)
Letter to Merrick Garland and Colette Peters from Sen Richard Durbin et al. (September 12, 2023)
WBOY-TV, Whistleblower alleges staff are covering up abuse, escapes at FCC Hazelton (September 13, 2023)
– Thomas L. Root