Tag Archives: FCI Tallahassee

BOP Director Plays Chico Marx To House Subcommittee – Update for November 14, 2023

We post news and comment on federal criminal justice issues, focused primarily on trial and post-conviction matters, legislative initiatives, and sentencing issues.

WHO YOU GONNA BELIEVE, ME OR YOUR OWN EYES?


In testimony last week before a House Judiciary subcommittee, Bureau of Prisons director Colette Peters boasted that the agency has “modernized our mission, vision, core values, and strategic framework to formalize our commitment to transformative change… Our diverse and adept workforce champions a modern approach to corrections, where safety, humane environments, and effective reintegration are paramount.”

“[M]odernize[] our… strategic framework to formalize our commitment to transformative change?” Does the BOP use AI to generate bureaucratic mumbo-jumbo, or is this the combined output of a special Central Office committee on obfuscation? A more basic question: does that line even mean anything?

chico231114It apparently doesn’t mean much. A day after Director Peters delivered her bureaucratic buzz-word-laden report to the subcommittee, the Dept of Justice Office of Inspector General dropped a stunning rebuttal to that “safety, humane environments…” part of the Director’s word salad. The OIG’s findings on conditions of the women’s prison ar FCI Tallahassee, juxtaposed with Director Peters’ happytalk, reminded me of the classic Chico Marx line: “Who you gonna believe, me or your own eyes?”

Peters says “safe[]” and “humane.” The OIG report described its surprise inspection last May as “alarming.” 

The inspection report identified “serious operational deficiencies,” with “the most concerning” being “the alarming conditions of its food service and storage operations.” The New York Times reported that the OIG inspectors only “expected to find serious problems endemic to other crumbling, understaffed facilities run by the Bureau of Prisons. What they encountered shocked them: Moldy bread on lunch trays, rotting vegetables, breakfast cereal and other foods crawling with insects or rodents, cracked or missing bathroom and ceiling tiles, mold and rot almost everywhere, roof leaks plugged with plastic bags, windows blocked with feminine hygiene products to keep out the rain, loose ventilation covers that created perfect hiding places for contraband and weapons.”

Tallahasseelunch231114AThe inspection report identified “serious operational deficiencies,” with “the most concerning” being “the alarming conditions of its food service and storage operations.” DOJ Inspector General Michael Horowitz said, “When we go to Tallahassee and we see windows leaking and ceilings leaking onto inmate living space, and we see female inmates having to use feminine hygiene products to keep the water from coming into their space, that’s something you should never have to deal with.”

In as much defense as she deserves after 15 months on the job, Peters did tell the Subcommittee the day before the OIG report was issued that the BOP’s unmet infrastructure needs are dire. She estimated that $2 billion was needed to clear the backlog of repairs and renovations identified as urgent. The Tallahassee Food Service Administrator position, responsible for food safety, had been vacant for two years. As it happened, FCI Tallahassee’s current Food Service Administrator’s first day on the job coincided with the first day of OIG’s inspection.

badexample231114In another embarrassment for the BOP, a federal judge last week ruled that the Alabama prison system, which has been sued by the DOJ for 8th Amendment violations, may inspect four federal prisons as part of its discovery in building its defense in the case. The State apparently intends to show that its prison conditions are no worse than those in the BOP. Alabama requested to inspect the FCC Coleman in Florida, FCI Yazoo City in Mississippi, and USP Atlanta.

House Subcommittee on Crime and Federal Government Surveillance, Oversight of the Bureau of Prisons (November 7, 2023)

New York Times, Justice Dept. Watchdog Describes Unsanitary Conditions at Florida Prison (November 8, 2023)

Dept of Justice Office of Inspector General, Inspection of the Federal Bureau of Prisons’ Federal Correctional Institution Tallahassee (November 8, 2023)

AL.com, Judge rules Alabama can inspect federal prisons to build defense in DOJ lawsuit (November 9, 2023)

– Thomas L. Root

It’s Peters Versus The ‘We Be’s’ At BOP – Update for May 31, 2023

We post news and comment on federal criminal justice issues, focused primarily on trial and post-conviction matters, legislative initiatives, and sentencing issues.

TEN MONTHS IN, COLETTE PETERS’ JOB HAS NOT GOTTEN EASIER

peters220929Last week, Walter Pavlo – usually a strident critic of the Bureau of Prisons – wrote a somewhat hagiographic report on BOP Director Colette Peters’ efforts to change the direction of the agency.

Pavlo reported on the BOP’s late-April conference in Colorado of every warden and regional director in the BOP for a bi-annual meeting in Aurora, Colorado. “As part of the event,” Pavlo recounted, Peters “had those who were formerly incarcerated address the group to be a part of what Director Peters calls ‘Listening Sessions’. We… were provided a stage to speak to this group of corrections executives to talk about the challenges facing the BOP. In looking at the faces of those in the audience, it was a bit of a shock for them to hear from former inmates about how to better run a prison, but such is the new approach by Director Peters, who also promised a listening session from victims of crime as well. At the conclusion of the presentation, the audience politely applauded and Director Peters then rose from her chair to emphasize the importance of the event. Slowly, but surely, those wardens and regional directors also rose to show their appreciation, or their perceived buy-in of the event. Time will tell.”

Last week, Peters told Federal News Network that her greatest challenge is to be at BOP long enough to change the “we be’s” employed by the agency. “’We be’ here when you got here, ‘we be’ here when you leave,” she said. “And what I tell people is that isn’t what happened in Oregon. I was able to stay for ten years. I hope I’m able to have a significant tenure here in order to make that happen. But you are absolutely right. Real change happens, boots on the ground. It’s the wardens that we need to lean into. It’s the captains we need to lean into. It’s the lieutenants that can really, really establish and set that culture.”

revolvingdoor230531One thing Peters has in abundance is challenges. The DOJ Office of Inspector General reported in May on decaying BOP facilities and just last week told ABC News, “We’re seeing crumbling prisons. We’re seeing buildings that we go into that have actually holes in the ceilings in multiple places, leading to damages to kitchens, to doctor’s offices to gymnasiums. And they’re not being fixed.”

Earlier this month, the Government Accountability Office added the BOP to its ‘H List,’ citing the “BOP’s longstanding challenges managing staff and resources, and planning and evaluating programs that help incarcerated people have a successful return to the community.” The Partnership for Public Service recently issued its annual survey of the best and worst places to work in the government and the BOP ranked dead last among 432 agencies.

sadprison210525The BOP sex abuse scandal continues to fester, but it’s a good sign that the DOJ is being very public about it. Last week, the US Attorney in the Northern District of Florida announced that former recreation CO Lenton Hatten pled guilty to a one-count indictment charging him with sexual abuse of a female inmate at FCI Tallahassee.

Pavlo argues that “Colette Peters is a different leader but she is indeed a leader who is not afraid to establish a new direction for an Agency that is searching for one. Even if those who are in the BOP disagree with Peters’ approach, they all know that the path the Agency is on is not sustainable without change. Director Peters has, for now, the support of Congress, something that her predecessor lacked.”

Forbes, Colette Peters’ Challenge: Change The Culture Of The Bureau Of Prisons (May 22, 2023)

Federal News Network, How BOP Director Colette Peters plans to raise employee engagement (May 26, 2023)

ABC, Inside the crisis of the crumbling federal prison system (May 26, 2023)

US Attorney Northern District, Fla, Former Federal Correctional Officer Pleads Guilty To Sexual Abuse Of An Inmate (May 26, 2023)

– Thomas L. Root

Government Proves How Serious It Is About Prison Rape – Update for August 31, 2021

We post news and comment on federal criminal justice issues, focused primarily on trial and post-conviction matters, legislative initiatives, and sentencing issues.

THE COST OF PRISON RAPE

We got a glimpse last week at how serious the Dept of Justice is about enforcing the Prison Rape Elimination Act. The answer, as though anyone is surprised, is “not much.”

PREA requires that federal, state, and local correctional facilities maintain and enforce a zero-tolerance policy toward sexual assault for both inmate-on-inmate and staff-on-inmate misconduct. Unsurprisingly, while the DOJ talks a good game, it seems much more interested in inmate-on-inmate than it is in staff-in-inmate sexual abuse.  Four cases in point:

(1) Phillip Golightly, a former BOP correctional officer at FCI Marianna and FCI Tallahassee, was sentenced to 24 months last week for “sexually assaulting female inmates who were then under his custodial, supervisory and disciplinary authority” (as the DOJ drily put it).

What did he really do? The lurid statement of facts in the case states that Golightly did not go lightly on female inmates. Instead,  he forced female inmates to perform oral sex on him, and to endure him forcing it on them, on multiple occasions. Read the statement (just not immediately before dinner).

rape190412For this – in a sentencing regime in which a poor black drug peddler gets a mandatory 10 years for possessing with intent to sell crack that weighs no more than a Big Mac (including bun) – the former corrections officer will serve 20 months and a couple weeks (after factoring in good-conduct time). Golightly isn’t just his name… it’s how the Court sentenced him.

That’s the cost of rape if you’re a BOP perp (that is, if you are prosecuted at all, as noted below).

(2)  Carleane Berman, a former FCI Coleman inmate who was one of 15 women to share a $2 million settlement with the BOP over their abuse at the hands of a group of FCI Coleman camp COs, died of a drug overdose last month.

carleane210831The Miami Herald reported last week that “Carleane returned from the Federal Correctional Complex Coleman in Sumter County a shattered woman.” Her father, Ron Berman, who had fought to keep her drug-free since her release, said he “could do little to help her quell her nerves, ease her insomnia, or stop recoiling at the sound of voices in hallways. The voices, Carleane said, reminded her of being behind bars with the prison officers who raped her.

Miranda Flowers, another victim, told the Herald she and Berman were raped together at least 11 times in various parts of the facility. “We’d walk back to the units and grab our stuff and go straight to the showers and not talk about it,” she recalled.

“The people that were supposed to be in charge were not doing what they were supposed to do,” former inmate Andrea DiMuro said. “Coleman was hell on earth.”

“I blame everything on Coleman. I want them held accountable,” Ron Berman said. “She was never the same after Coleman.”

(3)  Miranda Flowers said a prison investigator told her the officers had been allowed to resign in exchange for their admissions and no charges.  As it stands today, none of the rapes occurring prior to August 31, 2016, is prosecutable, falling as they do beyond the statute of limitations.

Joe Rojas, the southeast regional vice president for the workers union, AFGE Council of Prisons, said the Coleman case was a black eye for the BOP. “I’m just sad because honestly those officers got away with a crime,” Rojas told the Tampa Bay Times last May.

PREA210831(4) Want to read about the PREA violations at Coleman? Don’t bother going to the FCI Coleman Low PREA Audit results (last updated April 2018).  The report, but for the boilerplate, is significantly redacted, but it maintained that “There were no substantiated sexual abuse or harassment allegations at FCC Coleman over the period…” studied by the audit. According to the Report,  “[f]acility staff conducted 36 investigations into sexual abuse/harassment allegations. There were 34 unsubstantiated cases, and two cases were deemed unfounded.”

Yet the wholesale abuse of inmates dated from 2012, “in some cases, spanning five to six years,” the Times said, with specific allegations dating from as late as December 31, 2017.

With such detailed and unstinting investigation, it’s little wonder that so little staff-to-inmate rape is detected, and that so little is done about it.

DOJ Press Release, Former Bureau of Prisons Correctional Officer Sentenced to 24 Months In Federal Prison For Sexually Abusing Inmates (August 27, 2021)

Statement of Facts, R.23, United States v. Golightly, Case No 4:20cr32 (N.D. Florida, October 16, 2020)

Miami Herald, She was raped by Florida prison officers. After her drug death, supporters want justice (August 24, 2021)

– Thomas L. Root