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Federal judge concerned over prison staffing, undertrained fill-ins

Eddie Burkhalter

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A federal judge last week pressed attorneys representing the Alabama Department of Corrections about staffing problems that the plaintiff’s attorneys argued may run afoul of a court order to increase correctional officers in the state’s overcrowded, understaffed prisons. 

U.S. District Judge Myron Thompson in the Dec. 6 hearing, first reported by Alabama Daily News,  asked ADOC attorneys questions about how many of the newly hired correctional officers were fully trained officers and how many were lesser trained and working in roles that do not put some into direct contact with inmates.

Thompson had previously ordered ADOC to hire an additional 2,000 correctional officers. The judge in June 2017 declared the mental health care system in Alabama prisons to be “horrendously inadequate” and had resulted in “skyrocketing” inmate suicide rates. 

The Southern Poverty Law Center filed a lawsuit against ADOC in 2014 over the treatment of prisoners with medical and mental health needs. 

“Now, your statistics show an increase in correctional officer staffing.  How are you doing in increasing just correctional officers? Are you increasing correctional officers as well as getting these what you call BCOs?” Thompson asked lawyers for ADOC at Friday’s hearing, according to a transcript of the hearing obtained by APR on Wednesday. 

Thompson was referring to basic correction officers (BCO’s) which is a newly created position which puts recruits through six weeks of training instead of 12.  BCO’s can assist with inmates, but cannot transport inmates alone or conduct any role that requires them to have firearms, according to the hearing’s transcript. 

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Matthew Reeves, one of the attorneys representing ADOC in the lawsuit, replied that the number of full correctional officers “are not substantially increasing” but that the department hopes the additional basic correction officers and cubical correction officers hired will “begin to fill in those roles.” ADOC has hired about 200 BCO’s within the last quarter, Reeves told the court. 

Cubical correctional officers (CCO’s) are being hired to replace positions once filled by fully trained officers, and receive 80 hours of training instead of the full 12 weeks, and aren’t allowed any contact with inmates. CCO’s are paid about $5,000 less annually than fully trained officers.

“The reason I’m asking you that is that your retention percentages actually went down from, I believe, 92 or 93 to 85.  Which to me would probably reflect a falling number of correctional officers rather than BCOs, since the BCOs are new. So I’m wondering whether your actual correctional officers are decreasing while you’re getting these BCOs?” Thompson asked the attorneys. 

“I think if you look in the short term, perhaps that is true,” Reeves said, but added that those are short-term numbers and that there are “cycles, and we think we’re in that process.” 

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“I guess an overall concern is that, you know, you get what you pay for,” Thompson said. “And if you’re paying these people less and they have less training, then the quality of what the system is providing is not going to meet what’s needed for, say, a correctional officer or what a correctional officer could provide.” 

Attorneys for the SPLC also expressed concern over the inclusion of BCO’s and CCO’s in the latest ADOC staffing report’s figures for correctional officers, which the attorneys argued may not meet the court’s goal of hiring 2,000 full correctional officers by 2020. 

“Plaintiffs have concern with counting those people, who are not certified officers and are not allowed to interact directly with people who are incarcerated, towards the correctional staffing numbers,” C.J. Sandley, staff attorney for the SPLC told the court. 

An ADOC spokeswomen responded to APR’s questions Wednesday that asked or a breakdown of the number of all three categories of correctional officer, but APR hadn’t received those answers as of Wednesday evening. 

State prisons in June were at only 37 percent of required staffing levels, set by court order in Oct. 2018, according to ADOC staffing numbers provided to APR on Wednesday by the SPLC. 

Correctional officer staffing at the Ventress Correctional Facility in Clayton was at just 29 percent of the court-ordered required 222 officers in June, according to ADOC’s figures. Ventress inmate Michael Smith died on Dec. 5 after a “use of force” incident at the prison that resulted in two officers being placed on leave. 

At the William E. Donaldson Correctional Facility in Bessemer, where inmate Steven Davis, 35, of Graysville was beaten in a “use of force” incident with officers that resulted in Davis’s death on Oct. 5, correctional officer staffing was at just 30 percent of the required 365 officers. 

The understaffing problem is even worse in many of the state’s most overcrowded prisons. The Bibb correctional facility employed just 84 of the 311 required officers in June, while the inmate population was at 196 percent of capacity, according to ADOC’s figures. 

Additionally,  SPLC attorneys told the court about concerns that between June and September 39 prison supervisors left their positions. In September the prisons employed just 320 of the required 500 correctional supervisors,  according to the SPLC’s attorney in the transcript. 

“Supervisors are very important for ensuring that, for example, the remedies in this case are being implemented,” C.J. Sandley told the judge. “The Court’s suicide prevention — immediate suicide prevention remedies order, for example, relies on supervisors to make sure that correctional officer rounds are happening in segregation.  So that’s just one example of why they’re important.” 

The U.S. Department of Justice in April released a detailed report informing Alabama officials that the state may be in vilation of prisoners’ Constitutional rights to protection from physical violence and sexual assault while incarcerated by housing them in understaffed, unsafe facilities.

Eddie Burkhalter is a reporter at the Alabama Political Reporter. You can email him at [email protected] or reach him via Twitter.

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Suspected drug traffickers jailed in St. Clair County

Matt Mullinax, Christopher Baird, Sean Michael Brantley and Nathan Parke Bateman were all arrested following a lengthy undercover investigation.

Brandon Moseley

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(STOCK PHOTO)

Four individuals were arrested Tuesday on allegations that they were involved in a methamphetamine trafficking ring in St. Clair County.

Matt Mullinax, Christopher Baird, Sean Michael Brantley and Nathan Parke Bateman were all arrested following a lengthy undercover investigation. All four are being held in the Ashville Courthouse without bond.

The St. Clair County Sheriff’s Office Narcotics Division, St. Clair County District Attorney’s Office, along with the FBI, FBI Safe Streets Task Force, Pell City Police Department, Oxford Police Department, Cherokee County Sheriff’s Office and the Alabama Department of Corrections K9 Unit conducted an extensive undercover investigation that has resulted in the arrest of these individuals for their alleged involved in a methamphetamine trafficking criminal enterprise.

Matt Mullinax is a 37-year-old white male from Pell City. Mullinax has been charged with three counts of trafficking methamphetamine, three counts of unlawful Distribution of a controlled substance, one counts of unlawful possession of marijuana in the second degree and one count of unlawful possession of drug paraphernalia.

Christopher Baird is a 35-year-old white male from Pell City. Baird has been charged with two counts of trafficking methamphetamine, and one count of unlawful possession of a controlled substance.

Sean Michael Brantley is a 40-year-old white male from Lincoln. Brantley has been charged with two counts of trafficking methamphetamine, and one count of unlawful possession of a controlled substance.

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Nathan Parke Bateman is a 37-year-old male of other race. Bateman has been charged with two counts of trafficking methamphetamine.

The four individuals have been charged with crimes. At this point these are allegations. Baird, Brantley, Mullinax and Brantley, like all accused, will have an opportunity to mount a vigorous defense before a jury of their peers.

According to the Center for Disease Control and Prevention, in 2018, 67,367 drug overdose deaths occurred in the United States. The age-adjusted rate of overdose deaths decreased by 4.6 percent from 2017 (21.7 per 100,000) to 2018 (20.7 per 100,000).

Methamphetamines and other psychostimulants were responsible for 12,678 drug overdose deaths in 2018.

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According to the website drugabuse.gov, Methamphetamine is a powerful, highly addictive stimulant that affects the central nervous system. Methamphetamine is commonly also known as meth, blue, ice and crystal, among many other terms.

It takes the form of a white, odorless, bitter-tasting crystalline powder that easily dissolves in water or alcohol.

In addition to being highly addictive, long term use of methamphetamine can lead to symptoms that can include significant anxiety, confusion, insomnia, mood disturbances and violent behavior. Users also may display a number of psychotic features, including paranoia, visual and auditory hallucinations, and delusions (for example, the sensation of insects creeping under the skin).

Psychotic symptoms can sometimes last for months or years after a person has quit using methamphetamine, and stress has been shown to precipitate spontaneous recurrence of methamphetamine psychosis in people who use methamphetamine and have previously experienced psychosis.

These and other problems reflect significant changes in the brain caused by misuse of methamphetamine. Neuroimaging studies have demonstrated alterations in the activity of the dopamine system that are associated with reduced motor speed and impaired verbal learning.

Studies in chronic methamphetamine users have also revealed severe structural and functional changes in areas of the brain associated with emotion and memory, which may account for many of the emotional and cognitive problems observed in these individuals.

Methamphetamine use also leads to severe weight loss and dental problems. Methamphetamine use by pregnant women has been shown to cause cognitive and behavioral issues in their children that are long-lasting.

Billy J. Murray is the sheriff of St. Clair County.

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Crime

Governor appoints State Sen. Cam Ward as Bureau of Pardons and Paroles director

Ward is to replace current director Charlie Graddick, who announced on Nov. 2 that he planned to resign on Nov. 30.

Eddie Burkhalter

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State Sen. Cam Ward (VIA GOVERNOR'S OFFICE)

Gov. Kay Ivey announced Tuesday her appointment of State Sen. Cam Ward, R-Alabaster, to serve as director of the Alabama Bureau of Pardons and Paroles. 

Ward is to replace current director Charlie Graddick, who announced on Nov. 2 that he planned to resign on Nov. 30. Ward’s appointment is set to begin Dec. 7. 

Ward serves as the chairman of the Senate Judiciary Committee and has been central in the state Legislature’s criminal justice and prison reform work for many years.

“Cam Ward has spent his career as an attorney and public servant dedicated to Alabama’s criminal justice system,” Ivey said in a statement. “As he transitions to director of Pardons and Paroles, I’m confident that his background and experience will position him to closely follow the letter of the law while providing individuals every opportunity possible to rebuild their lives post incarceration.”

Ward is in his third term in the Alabama Senate and was first elected to the Statehouse in 2002. Ward began his career in state government when he was appointed deputy attorney general by former Attorney General Bill Pryor.

“I’m honored that Governor Ivey had the confidence to appoint me to this position,” Ward said in a statement. “I have committed my career in the Senate to improving our criminal justice system in Alabama, and I look forward to working with Governor Ivey going forward in this effort.”

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Graddick’s tenure as director of the state agency has been controversial, and his departure comes as the state’s prison system continues to face serious overcrowding and understaffing problems, both of which have drawn the focus of a lengthy U.S. Department of Justice investigation into prison violence and excessive use-of-force incidents. 

Graddick, a former circuit judge, state attorney general and architect of Alabama’s Habitual Offender Act, was appointed to the post in July 2019. He’s described the state’s inmates in op-eds and in interviews as too dangerous to be paroled.

After Graddick’s appointment as director, personnel shakeups at the bureau resulted in reductions in the number of incarcerated people given parole hearings, according to several people with knowledge of the matter who discussed their concerns with APR over the last few months. The number of people receiving paroles dramatically declined as a result.

Graddick also oversaw the bureau at a time when the bureau’s messaging to the public dramatically shifted, and began focusing on violent crimes, using the words “violence” and “violent” repeatedly in social media posts and press releases, prompting concern from criminal justice reform advocates that the bureau was attempting to sway public opinion against incarcerated people and their release on parole.

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Carla Crowder, executive director of the  Alabama Appleseed Center for Law and Justice in Montgomery, applauded Ivey’s selection.

“I’m encouraged by this appointment. Ward gets it. He’s not afraid to call out bad laws and crusade for smarter, better criminal justice policy,” Crowder said in a message to APR. “It will be refreshing to have a leader at parole who’s not stuck in the failed policies of the past but instead has earned a reputation for bold, innovative reform.”

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Crime

Report: Black men in Alabama prisons three times more likely to die by homicide

Incarcerated Black people in the state are being murdered at just more than three times the rate of white people.

Eddie Burkhalter

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(STOCK PHOTO)

A report this week by the Alabama Appleseed Center for Law and Justice in Montgomery found that incarcerated Black people in the state are being murdered at just more than three times the rate of white people.

Between 2014 and 2020, the Montgomery-based nonprofit found that 37 of the 48 men killed by homicide in Alabama prisons were black. Appleseed documented 89 preventable deaths from homicide, suicide or drug overdose during that time.

“So when we talk about preventable violence, when we talk about, unconstitutional conditions in our prisons. It’s hurting black Alabamians at much higher rates than anybody else,” said Carla Crowder, Appleseed’s executive director, speaking to APR on Thursday. “If we’re gonna be serious about racial justice, racial disparities in the criminal legal system, in the state, we have to look beyond police brutality.”

Crowder said police brutality is a serious issue but the injustices after incarceration are “two sides of the same coin.” The report notes a 2019 report by the U.S. Department of Justice that details widespread problems of violence and sexual abuse, corruption and drug use in Alabama’s prisons for men.

The DOJ report notes that ADOC “has violated and is continuing to violate the Eighth Amendment rights of prisoners housed in men’s prisons by failing to protect them from prisoner-on-prisoner violence, prisoner-on-prisoner sexual abuse, and by failing to provide safe conditions…”

“One year after the 2019 Department of Justice report detailed the need for immediate action to prevent more deaths, nothing has changed,” the Appleseed report reads. “In fact, 2020 is on pace to be one of the most deadly years on record in Alabama prisons, with deaths by homicide between January and July at 10 compared to seven for the same time period in 2019.”

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The Appleseed report also notes that homicides are likely higher than ADOC’s count. The DOJ report states that ADOC mischaracterized at least three deaths that had all the signs of homicide. “These unreported homicides provide reasonable cause to believe that ADOC’s homicide rate is higher than what ADOC has publicly reported,” the DOJ report reads.

Gov. Kay Ivey and Alabama Department of Corrections Commissioner Jeff Dunn are moving forward with plans to lease three new mega prisons from private companies, once built, and have said the new prisons will help solve the high levels of violence in state prisons, arguing existing facilities are outdated and not designed to keep inmates and staff safe, as are modern prisons.

Crowder said over the years ADOC has made many promises aimed at curbing the violence but hasn’t delivered on those promises.

“There’s been a number of steps that ADOC promised to take,” Crowder said. “We’re going to hire more officers, we’re gonna pay them more. We’re going to do these massive shakedowns in prisons and we’re gonna get all the weapons.”

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Court records show that ADOC is well behind court-ordered correctional officer hiring targets, and while ADOC does conduct random prison raids to collect weapons and contraband, such illicit contraband often finds its way back into prisons in short order.

“These have all been empty promises. Nothing has changed, and to think that new buildings are somehow going to fix decades of corruption and dysfunction,” Crowder said. “The buildings aren’t killing anybody.”

“We cannot continue down the path of building new prisons and expect them to somehow not be filled with the same systemic violence and racial disparities we have seen over the past five years in Alabama prisons,” said Hannah Krawczyk, an Auburn University Public Administration student and Appleseed intern who conducted research for the report, in a statement. “The cycle of human rights violations and violence that are inflicted on incarcerated individuals in this state cannot continue. As my generation learns about this crisis, we are determined to fight for change and end Alabama’s historic disregard for Black lives in the justice system.”

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Illinois man sentenced on drug trafficking charges

Ortega was found guilty of operating a drug trafficking ring that stretched all the way from Mexico to Alabama.

Brandon Moseley

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(STOCK PHOTO)

United States Attorney Prim F. Escalona and Drug Enforcement Administration Special Agent in Charge Brad L. Byerley on Monday announced that Nolberto Ortega, from Chicago, Illinois, was sentenced to 390 months in prison on Oct. 28 for distribution of heroin, cocaine, methamphetamine and fentanyl.

U.S. District Judge Liles C. Burke imposed the sentence. Ortega, age 54, has been found guilty of operating a drug trafficking ring that stretched all the way from Mexico to Alabama.

In August 2019, a federal grand jury charged Ortega in a multi-count indictment with leading a drug trafficking organization that transported heroin, cocaine, methamphetamine and fentanyl from Mexico to Talladega, Alabama.

The charges stemmed from an investigation led by the Drug Enforcement Administration and the Talladega County Drug Task Force in early 2019.

Law enforcement officers arrested Ortega in California after a drug shipment was seized in Talladega.

“This dealer went to extreme lengths to profit from this deadly poison with no regard to the devastation and destruction he left behind,” said Escalona. “The lengthy sentence sends the message that drug trafficking in our communities will not be tolerated and will be severely punished. The citizens of the Northern District of Alabama have one less drug dealer to worry about for years to come.”

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“We will continue to attack the scourge of illegal and dangerous drug distribution in Alabama and beyond,” Byerley said. “The lengthy sentencing of this individual should be taken as a message to those who want to sell drugs. We are going to catch you and put you in prison for a long time if you distribute this poison in our communities.”

The DEA investigated the case along with the Talladega County Drug Task Force. Assistant U.S. Attorneys Blake Milner and Austin Shutt prosecuted the case.

The Trump Administration has worked to increase security along the nation’s southern border with Mexico.

“America’s porous southern border causes the deaths of 30,000+ Americans every single year (from illegal alien homicides and overdoses on poisonous drugs shipped across our porous southern border),” said Congressman Mo Brooks, R-Alabama.

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According to the Center for Disease Control and Prevention, in 2018, 67,367 drug overdose deaths occurred in the United States. The age-adjusted rate of overdose deaths decreased by 4.6 percent from 2017 (21.7 per 100,000) to 2018 (20.7 per 100,000). Opioids were involved in 46,802 overdose deaths in 2018 (69.5% of all drug overdose deaths).

Ortega will serve his sentence in the federal prison system.

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