Previous: First Amend This!: An IDOC Newsletter, June ’22
Welcome to the July edition of First Amend This!
This publication provides an insider look at issues affecting the Idaho Department of Correction community. If you wish to assist this effort, share the link, copy and paste, or print and send this issue to another.
Friends and families are encouraged to join the Idaho Inmate Family Support Group (IIFSG) on Facebook or contact them at idahoinmate@gmail.com.
Looking to help improve Idaho’s criminal justice system? We ask that you contact Erika Marshall with the Idaho Justice Project. The Idaho Justice Project works to bring the voices of people impacted by the criminal justice system to the legislative table to work on solutions.
EDITOR’S NOTE
With COVID-19 cases on the rise and our facilities understaffed, we again find ourselves bracing for dark days and shutdowns, uncertain what lies in the weeks and months ahead.
While I will continue publishing updates in as timely a manner as possible, those with questions regarding changes in operations are encouraged to utilize the Department’s website and Facebook page, and also keep an eye on discussions within the IIFSG.
Let’s First Amend This!
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NO INFORMATION ON IDOC-INVOLVED SHOOTING
On June 9, Department employees were involved in a shooting on the 9800 block of West Shields Avenue, Boise. Though the incident was mentioned that evening on Boise news outlets, the circumstances leading up to it were overtly overshadowed by the carjacking and police chase that happened shortly after.
According to the Boise Police Department’s Deputy Chief Tammany Brooks, upon receiving reports of a shooting involving the IDOC, his officers spread out to search for an allegedly stolen vehicle, suggested to be tied in some way to the shooting. It was during this search that information came in on a carjacking purported to have taken place in Eagle.
Officers from Boise and Meridian responded, encountered the vehicle and commenced with pursuit.
The chase wound its way through downtown Meridian before officers were able to bring the vehicle to a halt.
Shots were exchanged shortly thereafter; the subject, struck an unknown number of times, was said to have received life-saving measures before being taken from the scene to a hospital for treatment.
No other injuries were reported at the time.
As for role the Department played in either shooting, we are unable to report at this time the number of agents present, whether they took fire, fired upon a subject, or were called in by a person who witnessed an exchange.
Per Boise’s KIVI-TV, the incident will be investigated by the Ada County Critical Incident Task force, with the Garden City Police Department (GCPD) taking task force lead.
The GCPD is the only one of the three municipalities bordering Boise that has yet to be reported as being involved that day.
Source: Meredith Spellbring, “Police: IDOC Officers, Unknown Suspect Involved in Chase, Shooting in Meridan,” Kivitv.com
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IDAHO WOMAN’S APPEAL FROM DEATH ROW LIKELY TO BE TESTED BY SUPREME COURT DECISION
Robin Row is one of two women in Idaho’s history sentenced to die by the hands of the state. She has been appealing her sentence for the last thirty years, most recently with the claim of ineffective assistance of counsel. She argues that by failing to present medical evidence of abnormalities in her brain prior to sentencing , her counsel was neglectful in a way that may have cost her her life.
According to Kevin Fixler with the Idaho Statesman, in a preliminary ruling issued last September, U.S. District Court Judge B. Lynn Winmill signaled in writing he was prone to agree: “[H]ad her brain abnormalities been presented to the trial court in a timely, comprehensive, and scientific evidence-based manner, there is a reasonable probability of a different outcome in sentencing proceedings.”
Months later, however, the judge would delay his decision until after the U.S. Supreme Court ruled on a federal appeals case involving two Arizona prisoners claiming ineffective counsel (Shinn Vs. Ramirez).
In May, the Supreme Court concluded that prisoner claims of ineffective counsel must first be introduced at the level of the state in order to be qualified for future federal action.
Though it’s uncertain how the decision will affect Row’s appeal, an indication may found within the written dissent of Justice Sonia Sotomayor. Sotomayor, one of three justices opposed to the ruling, wrote the decision was likely to deprive many people of meaningful opportunities to vindicate their right to counsel — a right granted long ago by the U.S. Constitution.
What comes next, reports Fixler in his coverage: “[r]esponses and additional legal filings from both the state and Row’s attorneys must be submitted to Idaho’s federal district court within 60 days of the U.S. Supreme Court Ramirez decision.”
Source: Kevin Fixler, “Is Ineffective Legal Counsel Enough to Appeal a Death Row Sentence? Idaho a Test Case,” Idaho Statesman.
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NEZ PERCE COUNTY CRIMINAL COURTS EXPERIENCE A BACKLOG OF CASES
According to the Lewiston Morning Tribune, as a result of safety precautions put in place to prevent the spread of COVID, Nez Perce County courts are now dealing with a backlog that appears to be straining the peoples’ pubic servants.
Early into the pandemic, reports the Tribune, the courts of Nez Perce County placed jury trials on hold. Fast forward to the rescission of those very same restrictions, and county courts are now backed up with over 300 felony cases — a number that’s expected to see significant growth.
The pressure this places on the Court’s public servants can be evidenced by audibles called out from their offices. With limits placed on the number of felony cases Idaho’s public defenders can rep at one time, it’s typical in Nez Perce County for those who reach their limit to recruit the help of colleagues who work misdemeanor courtrooms. In comparison to last year, Attorney Paige Nolta, of Nolta Law Office, is reported this year to be fielding 27 felonies, up from 8 in an average year, while also handling the usual misdemeanor cases assigned from the county. As for those who find themselves facing both felonies and misdemeanors, they are now assigned the same counsel while they fight through both courtrooms. No longer are the county’s public defenders divvying up charges the way they once did in times before COVID.
Says Nez Perce County Prosecutor Justin Coleman, it takes anywhere from six to twelve months for felony case to be resolved; thus the strain on his office is unlikely to lift soon.
Source: Kaylee Brewster, “Juggling a crush of felony cases — 330 and counting — Nez Perce County’s prosecuting and defense attorneys are long on duties and short on help,” Lewiston Morning Tribune.
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GOVERNOR LITTLE WISHES BIG FOR ONE SKETCHY EXECUTION
On June 13, Idaho Deputy Attorney General LaMont Anderson faced off with attorney Jonah Horwitz, from Federal Defender Services of Idaho, to argue before the Idaho Supreme Court as to whether a decades-old amendment to the Idaho Constitution gives the state’s governor the power to reject commutations recommended by the Idaho Commission of Pardons and Parole.
This case is a continuation of Idaho Governor Brad Little’s attempt to void a commutation issued by the Commission in December, in which the sentence of Gerald Pizzuto Jr. was commuted from Death to Life Without Parole.
Convicted in the 1985 slaying of a northern Idaho couple, Pizzuto is currently dying from terminal bladder cancer, heart disease and diabetes, and is also reported to be suffering from diminished mental functions.
District Court Judge Jay Gaskill wrote in February of the case as it passed through his courtroom, “There is no indication that the founders or the people of the State of Idaho in 1986 intended to give the governor the ultimate decision-making authority with respect to whether a death sentence should be commuted.”
Should the State win its appeal, the Court will be asked to reverse Gaskill’s ruling and reinstate the death warrant for Pizzuto’s execution.
There is no word on when the Court will make their ruling.
Sources: Keith Ridler, “Idaho Supreme Court Considers Pizutto’s Request for Clemency. Little Had Rejected State Commission Recommendation That Death Sentence Be Commuted to Life in Prior,” Lewiston Morning Tribune. Patrick Irving, “Court Rejects Governor’s Order to Execute Inmate on Hospice,” First Amend This! (Mar. ’22).
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THE WRONGFUL CONVICTION OF CHRISTOPHER TAPP: IDAHO FALLS SETTLES FOR $11.7M
The Idaho Falls City Council has approved an $11.7M settlement in the wrongful conviction of Christopher Tapp.
After serving roughly 20 years in Idaho prisons, Tapp was released in 2017. But it wasn’t until 2019 that DNA evidence was used to exonerate him in the 1996 rape and murder of Angie Dodge.
In October 2020, Tapp filed suit against the city of Idaho Falls and the Idaho Falls Police Department, seeking compensation. Though the city sought at first have the lawsuit dismissed, it opted instead during a June 9 council meeting to settle the case and acknowledge its wrongs.
Said Tapp in a statement, “No dollar amount could ever make up for the over 20 years of my life I spent in prison for crimes I did not commit; however, the settlement will help me move forward with my life”
Since his release from prison, Tapp has actively proposed to pass legislation for those wrongfully convicted in Idaho and other states.
Click here to hear Tapp speak on his experience and the way he’s moving forward in a radio interview conducted earlier this year.
Source: Associated Press, “Idaho Falls Settles Wrongful Conviction Lawsuit for $11.7M,” APNews.com.
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CANYON COUNTY SETTLES LAWSUIT OVER UNLAWFUL JAIL CENSORSHIP
“Like all Americans, inmates are entitled to free speech and due process protections. It is contrary to these core constitutional principles to deprive inmates of information about developments in the law without due process.” — Attorney Elijah Watkins, Boise office of Stoel Rives.
Last month it was reported in Prison Legal News that the Human Rights Defense Center, a 501(3)(C) nonprofit organization, reached an agreement with Canyon County in February over ongoing censorship at the Canyon County Jail (CCJ).
As the publisher of Criminal Legal News and Prison Legal News, both of which have been censored by the jail on numerous occasions, the HRDC filed a federal claim in December stating the CCJ was violating its First and Fourteenth Amendment rights.
As part of the settlement, county and jail officials agreed to no longer prohibit prisoners from receiving published materials that pose no threat to the safety or security of the facility without providing written notice of the basis for the rejection and allowing the rejection to be formally appealed.
In addition, the county will pay the HRDC $45,000 and train CCJ staff how to handle publications and deliver them intact.
Assisting HRDC’s general counsel in this case were attorneys Elijah Watkins, Jenny Palmer, and J.B. Evans — all three from the Boise office of Stoel Rives; a law firm once assigned to a class of Idaho prisoners who, in 1984, filed a federal lawsuit against IDOC over inhumane conditions at the Idaho State Correctional Institution. Known as the Balla case, it spanned 35 years; and it wasn’t until COVID that the Court decided to close it.
CCJ is famous within Idaho prisons for its deplorable conditions and constant overcrowding.
During a stay at the jail in 2006, armed with only basic knowledge of the U.S. Constitution and an ability to identify discrepancies in policies, this reporter successfully compelled CCJ staff to remove all but a few prisoners from the jail’s notorious G-Unit for the weeks that it would take to give the unit a decent makeover.
Source: Jacob Barrett, “$45,000 Paid by Idaho Jail to Settle Censorship Suit Filed by HRDC,” Prison Legal News (June ’22).
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COVID NEWS
Since the start of COVID, the IDOC has administered over 71,000 tests to those of its clients it’s keeping in-state. More than 6,600 of those tests have returned some form of positive.
Due to a climb in Ada County COVID levels, the Department has temporarily closed visitation at the following facilities:
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- East Boise Community Reentry Center
- Idaho Maximum Security Institution
- Idaho State Correctional Center
- Idaho State Correctional Institution
- South Boise Women’s Correctional Center
- South Idaho Correctional Institution
- Treasure Valley Community Reentry Center
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A notice has been issued to facility staff and residents that safety restrictions are once again in place.
For the first time since the pandemic began, nonmedical N-95 masks have been supplied to staff working at IMSI. It’s presumed the same can be said for staff working elsewhere.
Per a recent IDOC announcement, COVID tests are required for:
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- Symptomatic staff and residents
- Residents changing cohorts or facilities
- Residents being released into the community
- Residents exposed to known cases of the virus
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Enforcement can be expected to vary by facility.
Those who have received their initial vaccination are encouraged by the Department to follow up with booster shots.
Those experiencing issues related to COVID are invited to forward exhausted grievances to:
ACLU Idaho
PO Box 1897
Boise, ID 83701
View IDOC’s COVID report here.
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PWCC RESIDENTS MAKE MATTRESSES FOR VALLEY MISSION
by PWCC Ofc. Toni Dye
The art of giving back and gifting is known as philanthropy. Generosity has been around since the dawn of humanity and has become a part of our everyday life and society. With a little hope and generosity, we can all impact our community and the world for the better. Recently, some of the close custody residents at PWCC took the opportunity to give back by stuffing over 100 mattresses that will go on to be distributed to our Idaho community! It’s been such a positive experience for our residents and the community; residents Mariah Nagashoah, Sinthia Ramirez, Andrea Weiskircher, Joy Anderson, Rebecca Vulgamore, Hannah Haight, Kristin Pearson, Kelly Dean, Alexandria Gonzalez, Jessica Carrillo, Vicki Jensen, Mindy Mars, Anna Mihelich, Felicia Rodriguez, Jamie Obrien, Kassidy Putnam, Santana Kellerman, Taylor Carpenter, Krystal Hernandez, Arlette Tineza, Kaylee Lackey, Cheryl Garcia, and Angela Rihari all chose to donate their time to those in need.
The mattresses these women worked diligently to make will be donated to Valley Mission, a project that started as just a small cabinet in the hallway of an Idaho First Baptist Church. As Valley Mission continues to grow, they will soon provide not only a food pantry but also a laundromat, an emergency shelter, a dining and kitchen area, a new transformational living program (by Winter ’22), space for local agency offices, and also four apartment rentals. Though these women are aware of the struggles they will face upon returning to their communities, they are also aware that, by working together, they can transform the smallest effort into the largest difference.
Valley Mission is dedicated to people in our community who desire a fresh start.
Remember: when you do good, you feel good!
[This article originally appeared on the IDOC website and is reproduced here (with minor edits) as official public record.]
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RENICK ON THE RADIO
With five years of episodes available for streaming, Mark Renick hosts Victory Over Sin on Boise’s KBXL 94.1FM, Saturdays at 12:30 pm. The program, funded by an advocacy arm of St. Vincent de Paul, shares what it’s like to live incarcerated in Idaho and come out of incarceration to live life on parole.
Last month Stacey Tucker, a criminal justice student with the Idaho State University, introduced herself as Mark’s newest intern and described how, after a severe health scare, she found herself inspired to start studying criminal justice. Over the next nine months of closely working with Mark, Stacey will help expand reentry services in Districts 3 and 4 while directing those in need towards resources and assistance.
In a separate interview, speaking anonymously, the wife of man currently serving a sentence in IDOC custody reflected on the substandard medical treatment her husband is receiving for health issues that, left untreated, could ultimately lead to his death. Her rather personal, emotional interview effectively illustrates trauma that’s too often shared by loved ones who opt to support the incarcerated.
Visit svdpid.org for reentry resources in Southwestern Idaho.
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A RECOMMENDED RESOURCE FOR INCARCERATED PERSONS
The Idaho Innocence Project accepts post-conviction cases from Idaho prisoners who lack legal counsel. Those with at least five years left on their sentence may write a letter clearly stating their innocence and asking for assistance. Upon receiving a letter that follows this guideline, the organization will issue a response.
The Idaho Innocence project only serves Idaho. Please do not send legal documents or originals.
Idaho Innocence Project
c/o BSU Biology Department
1910 University Drive
Boise, ID 83725-1515
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RESIDENT AUDITING 101
We are finally in possession of the National Commission on Correction Health Care (NCCHC) standards, by which the Department purportedly abides. With these we will now begin to assess the level of compliance exercised by Centurion Health and the Department.
A request for information pertaining to the Inmate Management Fund (IMF) was returned with an invoice for $871.54. Apparently, our request qualified 864 email chains for disclosure, and the Department only prints out 100 pages for free. After narrowing the scope of our inquiry, we are once again waiting for IMF balance sheets.
A request for memorandums of understanding between the IDOC, the University of Idaho and the Lewis-Clark State College were unable to be located by IDOC staff. The request was submitted after it was announced that the Department began working in collaboration with both colleges to participate in the government funded Second Chance Pell Experiment.
A request for reports on last month’s IDOC-involved shooting was denied for the following reason: “Investigation Records are exempt pursuant to Idaho Code 74-124 (1), Idaho Code 74-104(4)(a)(i), IDAPA 06.01.01.108.04.b.iv. ”
April’s requests for notes, minutes and documents from recent commissary review committee meetings has yet to be filled; same with requests for Keefe sales volume reports and revenue payments made to IDOC.
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INMATE SERVICES AT WORK
Ofc. Vito Kelso
Probation & Parole
District 3
3110 Cleveland Blvd., Bldg D
Caldwell, ID 83605
6-28-22
Dear Officer Kelso,
Congratulations on receiving District 3’s 2022 Mental Health Advocate Award. I rather enjoyed sharing the announcement in our IDOC, First Amend This! newsletter. Enclosed is a copy where you’ll find your name mentioned; I hope you’ll consider sharing it with colleagues before you bedazzle it into retirement and rest it on your mantel.
Though I’ve managed to make subscriptions free for all online, I’d be happy to charge the lot of you four ramens apiece for any future copies you might like sent to the office.
Resources, information and perspective are always welcome. Should you happen across a few that you feel are well worth sharing, I hope you’ll not be shy. It would be my pleasure.
Keep up the good work.
In friendship and incarceration,
Patrick Irving 82431
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SUGGESTION BOX
I suggest the Department offer to hire tutors from each COVID cohort to be designated for GED study groups. Roughly 40% of my cohort is seeking a GED and it would be good, at some point, to begin adapting to COVID.
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Shout-out to the beautiful Barbara, whose baby boy Big E sends his love, his hugs and smiles!!!