Previous: First Amend This! An IDOC Newsletter, Feb. ’24
Welcome to the March issue 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.
Loved ones are encouraged to join the Idaho Inmate Family Support Group (IIFSG) on Facebook or contact the group’s admins at idahoinmate@gmail.com.
Looking to help improve Idaho’s criminal justice system? We ask that you contact Erica 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.
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EDITOR’S NOTE
In this issue:
Thomas Creech’s failed execution is an Idaho first; a Probation & Parole Officer is arrested for grand theft by extortion; Idaho lawmakers establish mandatory minimum sentences for fentanyl trafficking and push to expand the death penalty; a lengthy lawsuit challenging Idaho’s public defense system is still alive; and close custody operations give cause for more concern.
Let’s First Amend This!
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IDAHO’S FIRST FAILED EXECUTION ATTEMPT
It’s a somber time at IDOC. Preparations are underway to carry out the execution of Thomas Eugene Creech on Wednesday, February 28th, at 10:00 a.m. We know this will be a difficult time for some, and we are fully committed to carrying out this solemn task with dignity, respect and professionalism…
So goes the message Director Josh Tewalt delivered over JPay to residents of Idaho’s Kuna desert prison complex prior to Idaho’s first unsuccessful execution.
Creech, 73, is convicted of murdering five individuals in three different states–most recently, David Dale Jensen in 1981. As Idaho’s longest-standing death row prisoner, he has now eluded a total of twelve death warrants since his first conviction.
State witnesses watched for nearly an hour as three anonymous executioners attempted to establish intravenous access in Creech’s arms, legs and hands before Idaho State Maximum Security Institution (IMSI) Warden Richardson called them off.
Associated Press reporter Rebecca Boone was one of four media representatives chosen via lottery system to witness the execution. Boone reported at a press conference following the event that Creech appeared at times to fall asleep while strapped to his gurney and expressed physical discomfort as the attempt neared the end of the hour.
Tewalt during the same press conference said that Creech spent the eve of his execution visiting with his wife and others, and accepted a mild sedative in accordance with IDOC policy.
The director also confirmed that the medical team responsible for establishing intravenous access couldn’t find a quality vein to ensure their lethal payload. Richardson determined at 10:58 a.m. that the execution could not be carried out in accordance with the agency’s standards of professionalism, dignity and respect, according to Tewalt.
Tewalt stood before a committee of Idaho lawmakers Feb. 29 and, when asked whether the executioners’ politics played a part in their inability to find a quality vein, assured the committee that at least one of the executioners is a repeat volunteer, having participated in executions in 2011 and 2012.
Idaho Statesman reporter Kevin Fixler writes, “Creech is now at least the seventh documented case since 2009 of a called-off execution because executioners could not establish an IV line, according to Robert Dunham, former executive director for the Washington, D.C-based nonprofit [Death Penalty Information Center].”
According to Fixler, the IDOC paid $50,000 for 15 grams of pentobarbital last fall, and spoiled 10 grams filling the syringes that failed to find their way into Creech.
The family of David Jensen told KIVI-TV reporter Riley Shoemaker that they are devastated that the execution was not successful.
Tewalt told press and lawmakers that he is highly confident in the IDOC’s ability to obtain more lethal injection chemicals, but said the department is struggling to find a contractor who is willing to install the footprint necessary to safely operate a firing squad inside IMSI.
Creech is the last person in America sentenced to death by a judge and not by a jury. Judge Robert Newhouse, who sentenced Creech to death for the murder of Jensen, also petitioned to reduce his sentence to life in prison at a January clemency hearing.
“Creech’s attorneys secured a stay of execution for their client immediately following his attempted execution,” Fixler writes, “and have since alleged violations of his constitutional rights against cruel and unusual punishment in new legal filings.”
Sources: Gina Jameson, “IDOC Preparing for Demonstrations Ahead of Execution of Thomas Creech,” KMVT11. Kevin Fixler, “Idaho Failed to Execute Thomas Creech by Lethal Injection. Could Firing Squad Be Next?,” Idaho Statesman. Ruth Brown, “Emotional Commutation Hearing Held for Idaho’s Longest-Serving Man on Death Row,” Idaho Capital Sun. Riley Shoemaker, “Thomas Creech’s Fate Remains Uncertain After Execution Attempt,” KIVITV.com.
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WEEK TWO, DAY THREE BREAKFAST (MAINLINE)
[Fruit and whole grain bread may be substituted at facilities flagged for excessively brewing alcohol.]
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2 each — Cinnamon Rolls
2 oz — Breakfast Sausage
2 oz — Bran Flakes
16 oz — Milk 1%
8 oz — Vitamin Beverage
2 pkt — Sugar
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Click here for video.
Source: IDOC Food Service Menu 7.1
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PROBATION & PAROLE OFFICER CHARGED WITH EXTORTING CLIENT’S GIRLFRIEND FOR SEXUAL PHOTOS AND VIDEOS
A District 4 parole officer was arrested last month on charges of grand theft by extortion. Saif Sabah Hasan Al Anbagi, 43, allegedly pressured a client’s girlfriend, who is also under supervision, to send him compromising photos and videos under the threat of violating her boyfriend’s parole.
Idaho Statesman reporter Alex Brizee reports that Shawn Kelley, a legal intern for the Ada County Prosecutor’s Office, said during an arraignment hearing that since Al Anbagi’s arrest, multiple other alleged victims have come forward to the authorities.
Read the full story: Alex Brizee, “Idaho Parole Officer Charged With Extortion. Authorities Say There Could Be More Victims,” Idaho Statesman.
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WEEK TWO, DAY THREE LUNCH (MAINLINE)
[Fruit and whole grain bread may be substituted at facilities flagged for excessively brewing alcohol.]
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1 each — Fresh Fruit/Orange
2 oz — Peanut Butter
1 oz — Jelly
2 oz — Whole Grain Bread
3 oz — Fresh Vegetable
1 oz — Potato Chips
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Click here for video.
Source: IDOC Food Service Menu 7.1
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IDAHO ESTABLISHES MANDATORY MINIMUM SENTENCES FOR FENTANYL TRAFFICKING; BOISE AND CALDWELL POLICE RAID NONPROFIT NEEDLE EXCHANGE AND KNOWN NALAXONE DEALER
Governor Little last month signed a bill into law that establishes mandatory minimum sentences for different levels of fentanyl trafficking and allows Idaho law enforcement to bring homicide charges for anyone who supplies a drug that someone later dies from.
The minimum sentences for possessing any fentanyl-positive substance are four years and $10,000 for four grams or more, or between 100 and 250 pills; five years and $15,000 for between 14 and 28 grams, or 250 to 500 pills; and 10 years and $25,000 for 28-plus grams, or over 500 pills. A second charge for fentanyl trafficking would double the minimum sentence.
The new crime of drug-induced homicide carries an indeterminate life sentence with a maximum fine of $25,000. It also seemingly diminishes the protections provided by Idaho’s Good Samaritan law, which once allowed individuals on the scene of a drug overdose to summon emergency responders without the threat of arrest.
Weeks prior to passing House Bill 406 into law, Boise and Caldwell police raided two Treasure Valley offices of the Idaho Harm Reduction Project, leading to the closure of both project locations.
According to Idaho Statesman reporter Angela Palermo, the nonprofit provided reverse opioid overdose medication, needle exchange and disposal services, and education and testing for infections and viruses commonly transmitted through drug use.
KTVB news reports that authorities discovered non-needle drug paraphernalia but made no arrests.
Gov. Little has directed the state’s Department of Health and Welfare to launch an internal review into the organization.
The nonprofit posted this statement to its website: “Idaho Harm Reduction Project has always endeavored to support safer, healthier communities through evidence-based programming, education, testing, and other services in accordance with Idaho law. We have done our public health work in the full light of day–with the full knowledge of the Idaho Department of Health and Welfare–and look forward to this issue being resolved.”
Sources: Mia Maldonado, “Idaho Governor Signs Bill Into Law That Would Establish Mandatory Minimum Sentences for Fentanyl,” Idaho Capital Sun. Angela Palermo, “Fundraiser Launched for Idaho Harm Reduction Project Staff Following Boise Police Raid,” Idaho Statesman. Idahoharmreductionproject.org.
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WEEK TWO, DAY THREE DINNER (MAINLINE)
[Fruit and whole grain bread may be substituted at facilities flagged for excessively brewing alcohol.]
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1 cup – Beef Lo Mein
1.5 cup — Pasta All Shapes
2 oz — Whole Grain Bread
10 gm — Margarine
1 pc. — Cream Pie
8 oz. — Vitamin Beverage
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Click here for video.
Source: IDOC Food Service Menu 7.1
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IDAHO LAWMAKERS RECORD THEIR WISH TO EXPAND THE DEATH PENALTY
The Idaho House of Representatives last month passed a bill that would allow the state to execute individuals charged with lewd conduct with children under 12.
Though a 2008 United States Supreme Court ruling found it unconstitutional to sentence people to death for charges other than murder or treason, Representative Bruce Skaug, R-Nampa, said that the Supreme Court is different today, making it worth whatever legal battles would result from passing House Bill 515 into law.
Here, Ruth Brown with Idaho Reports covers the Senate Judiciary and Rules Committee decision to hold the bill, and the testimony presented by those in favor and opposed to it: “Senate Committee Holds Bill To Make Child Rape Punishable By Death.”
Related: Kyle Pfannenstiel, “Certain Sex Crimes Against Children Could Carry Death Penalty Under Bill Approved by Idaho House,” Idaho Capital Sun.
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LONGSTANDING LAWSUIT AGAINST IDAHO’S PUBLIC DEFENDER SYSTEM LIVES ON
Tucker v. State of Idaho — this lengthy lawsuit challenging the inadequacies of Idaho’s public defender system is for the third time scheduled to be reviewed by the Idaho Supreme Court.
Rebecca De Léon, the communications director for American Civil Liberties Union (ACLU) of Idaho, shares in an update on the nonprofit’s website:
“The case was originally brought against the state on behalf of the tens of thousands who cannot afford the full costs of criminal defense lawyers and the other costs necessary to defend against criminal charges. The lawsuit documents a range of severe deficiencies in Idaho’s under-resourced approach to public defense that violate the Sixth Amendment and state constitutional rights to an attorney. The ACLU Of Idaho, in partnership with the National ACLU and global law firm Hogan Lovells, explains in the lawsuit that Idaho’s public defenders are so severely overburdened that they cannot possibly adequately represent all of their clients, resulting in criminal defendants not getting a fair chance to defend themselves.”
Here, Ruth Brown with Idaho Reports outlines Fourth Judicial District Judge Samuel Hoagland’s opinion on the changes made to Idaho’s public defense system during 2022 and 2023 legislative sessions, which the ACLU and its partners are now appealing: “Public Defense Lawsuit Dismissed, State to Take Over Indigent Defense.”
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CLOSE CUSTODY OPERATIONS CONTINUE TO BE PROBLEMATIC
Just as the family of the late Milo Warnock was calling for a closer look into how the IDOC manages its close custody population, residents of the Idaho Maximum Security Institution staged a protest that prompted the agency to respond with force.
Milo was 45 years old and serving a two-to-ten year sentence for felony DUI when he was fatally beaten in a close custody unit at the Idaho State Correctional Center. Warnock was moved to a close custody unit as a result of being reclassified from a minimum-security custody level for cheeking his evening medications so he could take them in the morning.
Milo’s parents, Mike and Kathy Warnock, and his sister Hallie Johnson last month broadcast their concerns surrounding Milo’s December death across multiple media outlet days prior to residents of IMSI’s restricted housing units staging their protest.
An IDOC spokesperson told the Idaho Statesman that the incident was instigated by Idaho prison gangs who wish for the department to separate them by race and gang affiliation.
The Statesman stopped short of reporting why inimical groups of prisoners would continue to be housed together during a year of horrific violence.
To better understand the concerns and frustrations that have helped to perpetuate similar past incidents,
See: “First Amend This! Oct. ’22 (The Ad-Seg Issue)”
See: “Request For Accord: IMSI Residents to IMSI Leadership”
See: “Exhausted Grievances in Summary (for legal and investigative purposes)”
Sources: John Webb, “Lewiston Native Killed In Idaho Prisons, Family Seeks Answers,” KHQ.com. Morgan Romero, “Family of Idaho inmate killed in prison demands answers, reform,” KTVB.com. Kevin Fixler, “Officers Use Pepper Spray, Tear Gas to Restore Order at Idaho Maximum Security Prison,” Idaho Statesman.
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MORE ON THE DOG TRAINER AND DOG WHO WERE LOCKED OUTSIDE ON CHRISTMAS EVE
Idaho Press reporter Carolyn Komatsoulis follows up on the story of the resident dog trainer and dog who were locked outside of the Idaho State Correctional Center on Christmas Eve.
Komatsoulis writes, “[I]DOC’s investigation took issue with one officer who ultimately reported the incident–saying he disclosed confidential information in discussing it with news media, an Idaho state senator and other staff members. That officer, in his report, said the other officers told him not to report the incident so nobody would get in trouble.”
Read the full article: Carolyn Komatsoulis, “IDOC: ‘Confusion’ Led to Inmate, Dog Being Locked Outside on Christmas Eve,” IdahoPress.com
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ISCI GRADUATES ITS FIRST CLASS OF ‘DAY ONE PLUS’ PEER MENTORS
The Idaho State Correctional Institution last month graduated its first class of Day One Plus peer mentors.
Twelve residents celebrated with IDOC staff over a barbecued meal brought in from Dickey’s Barbecue Pit.
According to the Day One Plus peer mentor application, “Day One Plus is an organization dedicated to reducing recidivism using evidence-based practices and improving the quality of life for people with criminal justice involvement.”
The organization is now working in collaboration with the IDOC to implement customized peer mentor programs at multiple facilities statewide.
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RENICK ON THE RADIO
With over six years of episodes available for streaming, Mark Renick hosts Victory Over Sin on Boise’s KBXL 94.1FM on Saturdays at 12:30 pm. The program, funded by a Southwest Idaho advocacy arm of https://www.svdpid.org, shares what it’s like to live incarcerated in Idaho and then come out of incarceration and live on parole.
2.3.23. Jeffrey Epperson is back with ISCC program manager Glaydmar Rodriguez. The two discuss the dynamic between case manager and client, and the importance of maintaining an open channel of communication while on the path to self-improvement.
2.10.24. Ronald Henry is a Free 2 Succeed mentor and an American Legion member. He promised the men that held him up in prison that he would provide support for others released from incarceration. He discusses with Mark how he uses his story as his strength, and the importance of preparing for reentry from day one.
2.17.24. Chad Lathi is a reentry career development specialist for https://www.svdpid.org. He works with individuals from incarceration through reentry, and is excited to help steer his organization’s growing employment program.
2.24.24. Nova Yarnell is an advocate for others who have shared her experiences. From substance abuse to incarceration, to committing to positive change, she understands how the wrong support groups and transitional housing can diminish one’s success rate upon returning to their community .
Contact Mr. Renick at 208-477-1006 or visit https://www.svdpid.org for more information on reentry resources in Southwestern Idaho.
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RECENTLY ACKNOWLEDGED
Statewide — Graduates of Correction Officer Academy of 2.24; Emiliano Cobian with the Tactical Edge Award, Raymond Parmentier with Top of Class; Chris Ackerman with Top Instructor Award.
Central Office — Deputy Chief Dylan Hobson of Probation and Parole with well wishes and congratulations for retiring after 30 years.
PWCC — Employees of the quarter Ofc. Holt and Cpl. Schultz.
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RESIDENT AUDITING COMMITTEE
To report allegations of elderly abuse or neglect within Idaho prisons, contact your local Area Agency on Aging.
Area Agency on Aging
1505 S Eagle Rd. Ste, 120
Meridian, ID 83643
208-898-7060
To pursue violations of the American Disabilities Act, contact Disability Rights Idaho after exhausting the grievance process.
Disability Rights Idaho
9542 W. Bethel Court
Boise, ID 83709
208-336-5353
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RESOURCE FOR INCARCERATED PERSONS
The Art Card Project is a production of the South Dakota Prisoners Support Group. Every month the group supports people who are incarcerated with a serene piece of scenery and short story on an art card. The cards are sent free to individuals who are incarcerated, and the subscription continues once they’re freed from incarceration.
South Dakota Prisoners Support Group
PO Box 89
Interior, SD 57750
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INMATE SERVICES AT WORK
2.11.24
Dear Sen. Tammy Nichols, Sen. Cindy Carlson, Rep. Judy Boyle, Rep. Heather Scott, Rep. Charlie Shepherd:
Mr. Sean Anderson informs me that you may be interested in receiving the monthly newsletter that I have enclosed. I write it to help bring light to issues affecting the Idaho Department of Correction community, and to encourage others to share their stories and participate in seeking responsible solutions. Along with an informative body of work and a resource directory for justice-involved individuals, I offer free online subscriptions to my newsletter at bookofirving82431.com.
Thank you for your civic service.
Take care,
Patrick Irving 82431
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SUGGESTION BOX
Respect your elders.
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Shout out from Joe to Sheila!