Previous: First Amend This! An IDOC Newsletter, May ’24
Welcome to the June 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:
As Idaho scores another round of lethal injection drugs, Gerald Pizzuto, Jr.’s attorneys file to preserve Thomas Creech as evidence; a former PWCC resident is suing after being sexually assaulted by staff; the family Milo Warnock signals intent to sue over his murder; man’s death at Saguaro Correctional Center is being investigated as homicide; and it ain’t nobody’s business how the IDOC spends its drug money!
Plus: a link to Crystal Avilla’s informative article on how to apply for FASFA from prison, and the Prison Policy Initiative newsletter is a must subscribe for incarcerated researchers.
Let’s First Amend This!
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IDOC SCORES ANOTHER ROUND OF LETHAL INJECTION CHEMICALS. GERALD PIZZUTO, JR. FILES A MOTION TO KEEP THOMAS CREECH ALIVE.
According to public records obtained by the Idaho Statesman, the IDOC has secured three more doses of the lethal injection drug pentobarbital. A redacted receipt published by the Statesman shows that the agency paid $100,000 for the same amount of the drug it purchased for $50,000 in October, prior to spoiling two doses in the February attempt to execute Thomas Creech.
The Office of the Attorney General, the Ada County Prosecutors Office and the IDOC have yet to indicate whether a second attempt to execute Creech is in the works.
Meanwhile, writes Statesman reporter Kevin Fixler, Gerald Pizzuto, Jr.’s attorneys have filed a motion with U.S. District Court Judge B. Lynn Winmill to preserve Creech as evidence in Pizzuto’s battle to avoid execution by lethal injection.
With a total of nine separate murder convictions spanning four states between them, Pizzuto and Creech are Idaho’s longest-standing death row residents. Creech has avoided execution at least a dozen times, and Pizzuto’s execution has been postponed at least three times. Both are represented by the nonprofit Federal Defender Services of Idaho.
Pizzuto’s legal team is currently litigating the claim that a lethal dose of pentobarbital could painfully mix with his existing medical ailments — terminal bladder cancer, heart disease and diabetes — for which he has been receiving hospice care the last three years. Such a reaction, they argue, would result in a violation of Pizzuto’s constitutional right to remain free of cruel and unusual punishment.
Pizzuto’s attorneys say that Creech, having survived February’s unsuccessful lethal injection attempt, is now qualified to testify as a material witness in their case.
Creech’s attorney, Deborah A. Czuba, told the Statesman, “Thomas is still struggling with severe mental health trauma due to the botched execution.”
In a response to the unprecedented motion to preserve Creech as evidence, the attorney general’s office inferred that Creech isn’t familiar enough with intravenous catheters to be able to weigh in on the medical conduct of the IDOC’s anonymous volunteer executioners. The office further argues that Pizzuto’s legal team can preserve Creech’s testimony through other means, like a recorded deposition, according to Fixler.
IDOC spokesperson Sanda Kuzeta-Cerimagic told the Statesman via email that the department is close to completing a review of its execution policies and procedures in consultation with its medical team. “There is a legal process that needs to play out,” she wrote, “but our efforts are oriented toward being ready to carry out the sentence of death in a professional, respectful and dignified manner when ordered to.”
Source: Kevin Fixler, “Idaho Buys Another Round of Lethal Injection Drugs. Could Next Execution Happen Soon?” Idaho Statesman.
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WEEK TWO, DAY SIX BREAKFAST (MAINLINE)
[Fruit and whole grain bread may be substituted at facilities flagged for excessively brewing alcohol.]
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1 pc — Tortilla Frittata
2 lg — Pancakes
8 oz — Milk 1%
1 cup — Oatmeal
10 gm — Margarine
1 1/2 oz — Maple Sugar
2 pkt — Sugar
8 oz — Vitamin Beverage
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Source: IDOC Food Service Menu 7.1
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FORMER PWCC RESIDENT SUING AFTER BEING SEXUALLY ASSAULTED BY STAFF
During an August 2022 interview with Idaho State Police, IDOC Food Service Officer Derek Stettler admitted to sexually abusing a woman who was incarcerated at the Pocatello Women’s Correctional Center (PWCC).
Months later he committed suicide.
His victim is now suing.
Idaho Statesman reporter Alex Brizee writes, “Police reports filed by Idaho State Police, and obtained by the Idaho Statesman, detailed a months-long investigation into the accusations against Stettler–with several people telling law enforcement that he wasn’t the only employee accused of inappropriate sexual conduct.”
The assault reportedly took place November 2021 in a prison kitchen bathroom. Records reviewed by the Statesman show that Stettler was charged November 2022 with three counts of sexual contact with an adult inmate and one count of rape. By then he was no longer working for the IDOC. The department didn’t provide the Statesman with a reason for his May 2022 departure.
Stettler killed himself December 2022, and his victim filed the lawsuit nearly one year later. Stettler’s estate, the IDOC, PWCC and a corrections officer accused of failing to file timely reports of allegations made against Stettler are listed as defendants in the lawsuit.
Police reports reviewed by the Statesman say that at least two other employees–both no longer with the department for unspecified reasons–were accused of having sexual contact with PWCC residents.
IDOC public information officer Sanda Kuzeta-Cerimagic told the Statesman that the agency has zero tolerance for sexual abuse and harassment, and investigates all claims. “These investigations are important to uncover wrongdoing and/or exonerate individuals who are wrongfully accused,” she said.
The IDOC didn’t respond to the Statesman’s request to comment on the lawsuit, though it did say that it was taking steps to improve security for residents and provide more guidance to staff.
Source: Alex Brizee, “An Idaho officer was charged with rape, died by suicide. Now the victim is suing,” Idaho Statesman.
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WEEK TWO, DAY SIX LUNCH (MAINLINE)
[Fruit and whole grain bread may be substituted at facilities flagged for excessively brewing alcohol.]
______________________________
1 ea — Fresh Fruit/ Apple
3 oz — Deli Meat Pastrami
1 pkt — Mayonnaise
1 pkt — Mustard
1 1/2 oz — Tortilla Chips
2 oz — Wholegrain Bread
1 ea — Cookie
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Source: IDOC Food Service Menu 7.1
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FAMILY OF THE LATE MILO WARNOCK SIGNALS INTENT TO SUE OVER HIS MURDER
The family of Milo Warnock last month filed a tort claim (used as a precursor to lawsuits) listing the IDOC, Centurion Health and several state employees as defendants over Milo’s Dec. 10 murder.
Milo was killed while locked in a shared close custody cell at the Idaho State Correctional Center. His family is asking for roughly $465,000 in damages. They are also seeking explanations surrounding his death, including why criminal charges have yet to be filed.
Idaho Statesman reporter Nicole Blanchard writes, “The tort alleges that prison guards were more than 30 minutes behind on patrols when Warnock was attacked–a symptom of understaffing. Warnock had no way to communicate to staff that there was an emergency, the claim said.”
According to Blanchard, the tort says that Centurion Health and IDOC employees refused to provide Warnock with emergency treatment after he was discovered mortally wounded in his cell.
It is the IDOC’s policy to not discuss matters that are actively being litigated.
Those listed in the claim as defendants have until August to respond.
Sources: Nicole Blanchard, “An Idaho Prisoner was Killed by His Cell Mate. His Family is Pursuing Lawsuit Against IDOC,” Idaho Statesman. Morgan Romero, “Family of Milo Warnock, Idaho Inmate Killed in Prison, Files Wrongful Death Lawsuit,” KTVB.com
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WEEK TWO, DAY SIX DINNER (MAINLINE)
[Fruit and whole grain bread may be substituted at facilities flagged for excessively brewing alcohol.]
______________________________
1/2 cup — Burrito Filling
1 ea — Flour Tortilla (large)
3/4 cup — Vegetables #4
1/4 cup — Salsa
1/2 cup — Mexican Rice
1/2 cup — Refried Beans
1/2 oz — Cheese
1 pc — Cake #4 (chocolate)
8 oz — Vitamin Beverage
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Click here for video of the Justice Alito Burrito.
Source: IDOC Food Service Menu 7.1
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SAGUARO RESIDENT DIES FROM SUSPECTED ASSAULT
Anton Myklebust, 46, was pronounced dead May 4 at a hospital after being found injured and unresponsive in his at cell Saguaro Correctional Center (SCC) in Eloy, Ariz.
According to Civil Beat reporter Kevin Dayton, Myklebust was scheduled for release in October after serving 20 years on charges of kidnapping, trafficking methamphetamine to a minor, credit card theft and second degree robbery.
SCC is owned by CoreCivic, a private prison corporation that operates for a profit. The facility currently manages prison overflow for Idaho, Montana and Hawaii. Myklebust was one 1,036 people sent by the Hawaii Department of Correction and Rehabilitation (HDCR) to serve time at SCC.
HDCR Director Tommy Johnson released a statement saying that the Eloy Police Department and Hawaii corrections officials are investigating the incident as a homicide.
Sources: Kevin Dayton, “Hawaii Inmate in an Arizona Prison Dies After Apparently Being Attacked,” Civilbeat.org. HNN Staff, “Hawaii Inmate Dies After Apparent Assault at Arizona Correctional Center,” HawaiiNewsNow.com
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AIN’T NOBODY’S BUSINESS HOW THE IDOC SPENDS ITS DRUG MONEY!
In January I submitted a public records request to determine whether the IDOC is seeking to apply any portion of the state’s Opioid Settlement Fund towards opioid overdose prevention and mitigation.
The state is projected to receive $218 million of the $54 billion national settlement that is scheduled to be paid out over the next 18 years by pharmaceutical distributors and manufacturers found responsible for America’s opioid crisis.
My public records query returned documents showing that the IDOC requested $600,000 from initial settlement payments “for purposes relating to opioid abuse or recovery programs.” The same documents show that Idaho Gov. Brad Little responded to the department’s request with an adjusted recommendation of $597,100.
In an effort to follow the money, I submitted another public records request for all IDOC-involved memorandums of understanding (MOUs) and proposals to treat people in the agency’s custody for opioid use disorder. The IDOC refused to fulfill my request, stating that all related records contain trade secrets, and per Idaho, are exempt from public disclosure.
I responded to the agency’s refusal by submitting another request, this time for the contact information of the entity whose trade secrets are being protected. “At this time,” I wrote, “I also wish to request all information not defined as ‘trade secret’ — operational standards and guidelines, approving signatures, projected timelines and budget, etc. — within any MOU or proposal for IDOC-involved opioid use disorder treatment/medication pilot programs. Per Idaho Code 74-107(1), the department is only allowed to redact information defined as ‘trade secret,’ not entire contracts or arrangements containing trade secret information.”
This request, too, was denied, again citing trade secret exemptions.
Per the secrecy law passed by the 2022 Idaho Legislature, the IDOC is only allowed to cloak the names and contact information of those with whom it’s doing business when their business is to help execute people who are sentenced to death in Idaho.
And according to Idaho Code, any writing that “(1) contains information relating to the conduct or administration of the public’s business and (2) was prepared, owned, used or retained by a government agency” is subject to public inspection.” This includes memos, unfinished documents, emails and handwritten notes.
That the agency is unwilling to share any information on the people with whom it’s partnering to spend the funds is unfortunate. Along with Idaho’s press, public and lawmakers, those of us who fell under the foot of Big Pharma would like to know if the department intends to return the money to the companies responsible for helping to propel the opioid crisis.
Click here to view the public records requests and responses mentioned in this story.
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CRYSTAL AVILLA EXPLAINS HOW TO APPLY FOR FAFSA FROM PRISON
Crystal Avilla has published an article in Prison Journalism Project Inside explaining how to apply for federal aid to participate in select prison education programs.
“As a college clerk,” Avilla writes, “I have witnessed the confusion and panic in the eyes of many potential students when they are handed the FAFSA. I don’t blame them. The 10-page form, which asks 100 questions about your personal finance and background, is intimidating if you’ve never seen it before.”
Click here for Avilla’s article “Completing the FAFSA from Prison.”
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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.
5.4.24 St. Vincent de Paul reentry specialist Daniel Stoddard picks up people who are being released from prison and prepares them to reenter the community. He discusses his personal journey and the challenges of his job.
5.11.24. Michael Richardson, the executive director for the Idaho Prison Arts Collective, and Jenny Hardcastle, a drug and alcohol counselor for Probation and Parole, announce a series of art programs made available to supervised individuals in District 4.
5.18.24. Treasure Valley artist Misty Monster knows some people who have experienced incarceration. She discusses her passion for painting and how it keeps her closely tied in to the 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
Graduates of IDOC Academy 5.24. Vanessa Day as Class President; Sage Moore with the Top of Class Award; Brandon Andrade with the Tactical Edge Award.
Graduates of Probation and Parole Academy No. 37.
Two unnamed ICI-O residents with a commencement ceremony celebrating the associate degrees they earned from Lewis-Clark State College.
Ofc. Emeron Geiser for fulfilling the Idaho Peace Officer Standards and Training requirements for the basic correction training certificate set.
South Boise Women’s Correctional Center residents for nursing sick cats and young kittens back to health with around-the-clock care in the the Women Inmate Social Kitty Retreat (WISKR) program.
All IDOC staff with celebrations, games and early bedtimes for residents during Correctional Professionals Week.
Sources: Idaho Department of Correction on Facebook
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RESIDENT AUDITING 101
The following public records requests have yet to be filled:
1) January’s request for all memorandums of understanding (MOUs), or agreements, and policies for the All American Publishing call center now operating in Idaho prisons. (Submitted to Idaho Correctional Industries.)
2) March’s request for any MOUs, contracts or proposals between the IDOC and Day One Plus, the organization working with department officials and residents to create a facility-wide standardized peer mentor program.
3) March’s request for the materials used to train residents participating as mentors for the forthcoming Restoring Promise Program at ISCI.
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RESOURCE FOR INCARCERATED PERSONS
The Prison Policy Initiative’s quarterly newsletter lists its most recent reports and shares available resources. Those interested in criminal justice reform will find value in its accurate data/analysis. To subscribe for free from incarceration, write:
Prison Policy Initiative
PO Box 127
Northampton, MA 01061
www.prisonpolicy.org
www.prisonersofthecensus.org
Prison journalists who wish to sign up for regular PPI reports may ask to be placed on the journalist mailing list.
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INMATE SERVICES AT WORK
Scott McIntosh is the opinion editor for the Idaho Statesman.
[This message forwarded from a resident of the Idaho State Correctional Institution.]
5.28.24
Hi Scott,
Almost a year since your series on Idaho’s opioid settlement–how do you feel about the Idaho Department of Correction now refusing to disclose its plans to spend nearly $600,000 from the state’s settlement fund? Maybe it’s just me, a former interstate drug trafficker turned aspiring solutions-oriented journalist, but I find it irksome…
Below are a few works that I’ve recently published, intended to provide you with additional context. I am now looking at the potential costs and methods available to me to petition for the release of records. Thought you might be interested.
2) “Both Prisons and the Public Rely On Incarcerated Writers” — prisonjournalismproject.org.
3) “How To File Public Records Requests from Prison” — prisonjournalismproject.org
Cheers,
Patrick Irving
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SUGGESTION BOX
Call your ma and grandma.
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Shout out to my big fathead brother at Space-X!