Previous: First Amend This! An IDOC Newsletter, Aug. ’24
Welcome to the September 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:
Feds to investigate whether mother of Idaho’s anti-human trafficking task force used trafficking victims to perpetuate fraud; Idaho parole officer alleges civil rights violations in lawsuit against Nampa police and Canyon County prosecutors; two of this year’s most significant events at IMSI explained; prison employees gone postal at ISCC; criminal charges filed in Milo Warnock’s death; former PWCC resident settles prison employee rape lawsuit; ACLU-Hawaii calls for federal investigation into IDOC contract facility; CoreCivic’s profits increase as communities incarcerate more; and SBWCC switches gears with Boise Bicycle Project.
Let’s First Amend This!
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IDAHO LAW ENFORCEMENT MAY HAVE FUNNELED HUMAN TRAFFICKING VICTIMS INTO FRAUD SCHEME
The U.S. Health and Human Services Office of the Inspector General is now investigating Idaho’s anti-human trafficking nonprofit Community Outreach Behavioral Health Services (COBS) and its for-profit partner, Advanced Clinical Trauma Services (ACTS).
The federal investigation was prompted by a series of articles published by the independent, nonprofit news organization InvestigateWest.
Paula Barthelmess, the director of COBS, since at least 2020 has partnered with law enforcement to identify human trafficking victims and corral them into her safe houses. Some are ordered into her care by their probation officers and judges under the threat of incarceration; others may have been influenced by a county public defender who was found listed as a COBS board member. Once sequestered in COBS safe houses, victims are enrolled into case management services through ACTS, owned by Tylar Bell, Barthelmess’ son.
InvestigateWest spoke to whistleblower attorneys, federal investigators, multiple experts and several dozen people who are closely affiliated with the two entities. InvestigateWest journalists Kelsey Turner and Wilson Criscione write that their researchers also “reviewed formal complaints and inspection records, Medicaid billing records, government contracts and transactions with COBS, court records and social media accounts.”
Their findings:
“As COBS gained influence in Idaho, former COBS employees and residents say the program recruited women into the safe houses and kept them there using manipulative tactics mirroring those of traffickers. The residents were then drawn into a self-dealing scheme in which a for-profit counseling company–owned by Barthelmess’ son–tapped into clients’ Medicaid insurance and billed for services residents say the never received.”
COBS residents say they were pressured to provide unpaid labor: shoveling manure at an animal farm, attending gymnastics meets at a Ball-owned business, publicly promoting their traumas to help fund COBS–they could either get with the program or get back with their traffickers and jailors.
Former COBS employees say it wasn’t enough to isolate residents and strip them of their resources and autonomy, that Barthelmess also weaponized notes taken during their private ACTS therapy sessions to elicit their compliance.
InvestigateWest found that because Idaho’s halfway house market has long operated without oversight and regulations, complaints filed against COBS were neither taken seriously nor thoroughly investigated.
According to Criscione and Turner, Barthelmess and Bell have since refuted InvestigateWest’s reporting. But without specifying which claims are false or providing evidence to the contrary.
Sources: Wilson Criscione and Kelsey Turner, “Feds Open Investigation Into Anti-Trafficking Nonprofit After InvestigateWest Exposes Potential Fraud,” InvestigateWest. Wilson Criscione and Kelsey Turner, “Lacking Accountability, Program Took Federal Money and Billed Medicaid for Services Victims Say They Never Received,” InvestigateWest. Wilson Criscione and Kelsey Turner, “Funding Agencies Overlooked Red Flags That Anti-trafficking Safe Houses Allegedly Exploited Victims,” InvestigateWest. Wilson Criscione and Kelsey Turner, “Victims of Trafficking Face Coercion at Every Turn, Both on the Streets and Inside the Justice System,” InvestigateWest.
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WEEK THREE, DAY TWO BREAKFAST (MAINLINE)
[Fruit and whole grain bread is substituted at facilities flagged for excessively brewing alcohol.]
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1 pc — Frittata
2 lg — Pancakes
1 cup — Oatmeal
10 mg — Margarine
1-1/2 oz — Maple Syrup
2 pkt — Sugar
8 oz. — Vitamin beverage
8 oz. — Milk 1%
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Source: IDOC Food Service Menu 7.1
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IDOC PAROLE OFFICER SUES NAMPA POLICE AND CANYON COUNTY PROSECUTORS
Idaho Department of Correction parole officer Cliff Ohler has filed a lawsuit against the Nampa Police Department (NPD) and Canyon County prosecutors.
Ohler, who is also a task force officer for the Federal Bureau of Investigation’s Violent Crime Task Force, claims that members of NPD coordinated with local prosecutors to unlawfully search his property, complicate his work and defame his character. Actions that he alleges came as retaliation for refusing to perform a questionable interrogation and warrantless search on a man on his caseload suspected of murder.
Idaho Press reporter Haadiya Tariq writes that an affidavit filed by Ohler “names NPD Chief Joe Huff, Deputy Chief Curtis Shankel, Sgt. Shane Huston and Detective Curtis Carper as defendants, as well as Canyon County Prosecuting Attorney Bryan Taylor and Deputy Prosecuting Attorney Eleonora Somoza.”
The Canyon County Prosecutors Office denies any wrongdoing and an NPD spokesperson says the department doesn’t comment on ongoing litigation.
Source: Haadiya Tariq, “Idaho Officer Sues Nampa Police Department, Alleges Civil Rights Violation,” IdahoPress.com.
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WEEK THREE, DAY TWO LUNCH (MAINLINE)
[Fruit and whole grain bread is substituted at facilities flagged for excessively brewing alcohol.]
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1/2 cup — Turkey Salad
2 oz — Whole grain Bread
10 mg — Margarine
1-1/2 oz — Tortilla Chips
1 each — Fresh Fruit/Apple
1 each — Cookie #1 ( Blondie Bar)
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Source: IDOC Food Service Menu 7.1
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TWO OF THIS YEAR’S MOST SIGNIFICANT INCIDENTS AT IMSI EXPLAINED
Idaho Statesman reporter Alex Brizee last month unpacked two of the most significant incidents to take place this year at the Idaho Maximum Security Institution (IMSI): February’s tactical show of force by facility staff against residents and May’s six-day hunger strike that attracted participants from the Idaho State Correctional Center (ISCC).
Brizee’s article, “Rebellion at Idaho Prisons: Here’s Why Men In Maximum Security Joined a Hunger Strike,” illustrates the dangers that incarcerated individuals face while advocating for themselves and others, often to leadership teams who fail to entertain peaceful efforts.
When, in late February, a father whose son is housed at IMSI sought my interpretation of the tactical response, I felt it best to speak through several presentations that I pieced together during my years at the facility.
1) “Exhausted Grievances in Summary (for legal and investigative purposes).” Captures close custody and adseg residents calling for religious services and mandated out-of-cell time since before COVID-19 existed.
2) “First Amend This!, Oct. 2022 (The Ad-Seg Issue).” Illustrates how the extended use of adseg negatively impacts the spirit and mind, and how prison employees’ failure to abide by policies translates in terms of public safety.
3) “Request for Accord: From IMSI Residents to IMSI Leadership.” IMSI residents in July 2023 proposed “a meeting between IMSI leadership and representatives selected from the general population, to discuss the ongoing absence of parole-required programming, religious services and behavioral incentives,” only to have their peacefully organized, articulate effort go ignored.
According to the Statesman, IMSI management made minor improvements to the facility following the food strike. They also acknowledged the importance of communication between staff and residents.
Moving forward, it is not yet clear at what point the department’s close custody population will be included in its plans to improve their environment and behaviors.
Sources: Alex Brizee, “Rebellion at Idaho Prisons: Here’s Why Men In Maximum Security Joined a Hunger Strike,” Idaho Statesman. Bookofirving82431.com.
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WEEK THREE, DAY TWO DINNER (MAINLINE)
[Fruit and whole grain bread is substituted at facilities flagged for excessively brewing alcohol.]
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3 oz — Chicken Filet
1/2 oz — Cheese
1/2 cup — Tomato Sauce
1-1/2 cup — Pasta (All Shapes)
1 cup — Garden Salad #2
1 oz — Ranch Dressing
2 pc — Garlic Bread
1 pc — Cake #6 (Marble)
8 oz — Vitamin Beverage
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Source: IDOC Food Service Menu 7.1
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PRISON EMPLOYEES GONE POSTAL
Corrections Officer Scott Amos explains in emails obtained by Idaho News 6 why ISCC residents should follow up on all unanswered communications sent within the last four years:
“I found [residents’] incoming and outgoing mail, concern forms, diet slips, job applications, and many other personal documents discarded in the shred bins, drawers, and closets instead of being delivered to their intended recipients.”
According to Idaho News 6 reporter Riley Shoemaker, upon learning that Amos alerted residents to the fact, one ISCC supervisor responded, “Even if that was the case, informing offenders of this could have led to a serious incident. Could you please explain why you did this?”
Internal memos and complaints obtained by Idaho News 6 suggest that mail handling practices at the facility have been an issue since as far back as 2020.
To these, the IDOC responded:
“IDOC takes these allegations very seriously. We are committed to conducting a comprehensive investigation to uncover any wrongdoing and to appropriately hold staff accountable. It is equally important to us to thoroughly investigate these types of allegations to ensure staff who are wrongfully accused are exonerated. We are in the early stages of the investigation and have to be very mindful of not compromising the investigation by sharing information prematurely. As such, we have nothing to disclose at this time.”
Well, here’s something that I can disclose: documents showing how in 2019 and 2020, staff at Eagle Pass Correctional Facility, Southern Idaho Correctional Institution, IMSI and Keefe Commissary obstructed my letters to and from oversight bodies, legislators, media and advocates. Like other grievances mentioned in this newsletter, these too can be viewed in the presentation “Exhausted Grievances in Summary” (Grievances 2, 3, 5, 7, 8 and 10), and also in my Sept. ’20 newsletter article “Editor Loses Gracefully.”
Sources: Riley Shoemaker, “Claims of Mishandling of Inmate Mail Arise at Idaho State Correctional Center,” KIVITV.com. Riley Shoemaker, “New Documents Reveal Alleged Ongoing Negligence at IDOC as Former Inmate Speaks Out,” KIVITV.com.
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CRIMINAL CHARGES FILED IN MILO WARNOCK’S MURDER
A grand jury on Aug. 27 indicted James M. Johnson on charges of first-degree murder and the destruction, alteration or concealment of evidence in the brutal death of Milo Warnock.
Warnock was killed Dec. 10, 2023 at ISCC, where the two men shared a close-custody cell.
Warnock’s sister, Hallie Johnson, writes on behalf of her family in an email to the Lewiston Tribune, “[W]e’ve agonized over the lack of information about Milo’s death as well as what has felt like a very slow investigation. It is a relief that the indictment has occurred, but we know it’s the beginning of more waiting as the judicial process plays out. It’s impossible not to be reminded of the senselessness of Milo’s death. I hope that these painful reminders for our family are reminders to the public that there are issues with the criminal justice system.”
Sources: Kevin Fixler, “Idaho Prisoner Allegedly Killed His Cellmate Last Year. He Now Faces a Murder Charge,” Idaho Statesman. Kaylee Brewster, “Ada County Grand Jury Indicts Man for Murder in Beating Death in Idaho Prison,” Lewiston Tribune. Richard Rodriguez, “Man Indicted for Killing Fellow Idaho Inmate in Prison,” KTVB.com.
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FORMER PWCC RESIDENT RAPED BY FSO RECEIVES $62,500 COURT SETTLEMENT
The state of Idaho has settled a lawsuit filed by a woman who was allegedly raped by a Food Service Officer (FSO) while incarcerated at the Pocatello Women’s Correctional Center in 2021.
Idaho Statesman reporter Alex Brizee writes, “The Idaho Department of Administration’s Risk Management Program told the Idaho Statesman in an email that it paid $62,500 to settle the woman’s claims against Idaho and the state’s prison system.”
The woman, who remained anonymous in her lawsuit, was 37 years old when she says FSO Derek Stettler cornered her in a prison kitchen bathroom and forced her to perform oral sex on him. She filed the lawsuit in 2023, after Stettler was charged for crimes that Idaho State Police says he admitted to during an interview, and then committed suicide. Stettler’s estate and several corrections employees were listed as defendants in the lawsuit.
“The settlement, which was reached in the spring,” Brizee writes, “didn’t include any of the claims against Stettler, and was settled only with state agencies and a corrections officer who was accused of failing to report allegations, court records showed.”
The victim’s attorney, Susan Mimura, has since filed an amended complaint against Stettler’s estate. But after neglecting to serve it in accordance with legal guidelines, the court was forced to dismiss it, according to court records reviewed by the Statesman.
Source: Alex Brizee, “An IDOC Officer Admitted to Raping Incarcerated Woman. She Sued, and State Has Settled, Idaho Statesman.
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ACLU OF HAWAII CALLS FOR FEDERAL INVESTIGATION INTO IDAHO CONTRACT FACILITY
The American Civil Liberties Union of Hawaii is calling for a federal inquiry into Saguaro Correctional Center (SCC), and attorney Miles Breiner wants his client, Daniel Kosi, transferred from SCC back to Hawaii before he’s found dead.
In Honolulu Civil Beat reporter Kevin Dayton’s article “Lawyer: Hawaii Prisoner Who Was Stabbed Repeatedly in Arizona Must Be Moved,” Breiner traces his concerns across the dense constellation of stab wounds that appeared on Kosi’s upper body and face following an epic security failure by SCC staff in July.
SCC is a private, Arizona prison that is operated for a profit by the company CoreCivic. It currently houses prison overflow for Idaho, Hawaii and Montana.
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CORECIVIC PROFITS INCREASE
Trading View reports that CoreCivic has released its second quarter financial report for 2024 and is showing positive gains over the same quarter last year.
Compared to the same period last year, CoreCivic saw a 6% increase in total revenue, reaching $491 million, and a rise in occupancy rates, from 70.3% to 74.3%.
With federal, state and local bodies boosting their rates of incarceration, CoreCivic projects that its 2024 adjusted net income will climb between $65.6 million and $73.6 million.
Source: “CoreCivic Reports Second Quarter Financial Reports,” Trading View.
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BOISE BICYCLE PROJECT BRINGS SKILLS TRAINING TO WOMEN’S PRISON
Idaho Press reporter Laura Guido last month spotlighted how the Boise Bicycle Project (BBP), through its program Switching gears, is teaching women incarcerated at the South Boise Women’s Correctional Center basic bike mechanic skills.
BBP volunteer Chris O’Brien visits the prison once a week to work with the program’s twelve participants. Those who fix 15 bicycles are considered to graduate the program and gifted a bike in recognition.
In addition to performing repairs, participants also help train youth to ride safely at BBP community events.
Source: Laura Guido, “Shifting Gears: Incarcerated Women Fix Bikes, Prepare for Reentry with BBP Program,” Big Country News.
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RENICK ON THE RADIO
With over seven years of episodes available for streaming, Mark Renick hosts Victory Over Sin on Boise’s KBXL 94.1 FM, Saturdays at 12:30 pm. The program, funded by the Southwest Idaho advocacy arm of https://www.svdpid.org, shares what it’s like to live incarcerated in Idaho and then to come out of incarceration and live on parole.
8.10.24. Reentry advocate and halfway house operator Keri Raby is now collaborating with others to expand the support services available women returning from incarceration and rehabilitation. https://soberhomesunlimited.com.
8.17.24. Saenz House founder Treena Stephens-Saenz has successfully operated businesses employing justice-involved individuals. Now a halfway housing provider, she is looking to better support people who are navigating reentry and recovery.
8.24.24. Mario Hernandez, the legend who dramatically improved Idaho’s prison education programs while incarcerated, introduces his new nonprofit called Learning How To Live, Inc.
8.31.24. Launee Wolverton, the founder of Purses With A Purpose, a nonprofit organization that fills purses with hygiene products for women and teens in need, discusses working with different communities and donors to help others maintain their dignity.
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
IDOC employees Nicole Case and Jay Lau for 25 years of service; Chad Page, Nancy Volle and Laura Kelly for 20 years of service; Charlie Martinez for 15 years of service; Addy Matamoros, Melody Creech and Graye Wolfe for 10 years of service; Annue Munoz, Eric Murray and Bree Derrick for five years of service.
PWCC instructor Carlee Dille with the 2024 Career Guidance Award for Region 5.
Sources: IDOC on Facebook
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RESIDENT AUDITING 101
Idaho State Correctional Institution (ISCI) Warden Ty Davis confirmed during an August Town Hall meeting that the IDOC will begin equipping select ISCI residents with ankles monitors.
Those housed in intake units and mental health units will not be required to wear them. Part of the reason for this, Davis said, is because it’s too expensive to equip everyone.
Citing security exemptions that apply to the general public, the IDOC denied my public records request for all legal agreements, statements of work and internal PowerPoint presentations involving the IDOC and service providers of wearable prison monitoring technologies.
RESOURCES FOR THE INCARCERATED
The cross-disability organization HEARD is the only organization in the U.S. that focuses on incarcerated advocacy, reentry support and community education for deaf and disabled people. The group is now asking for help to place its yearly survey in the hands of justice-involved individuals who are also deaf and disabled.
HEARD
P.O. Box 1160
Washington, D.C 20013
https://behearddc.org/
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INMATE SERVICES AT WORK
To: ACLU National
Subject: ACLU-Hawaii calls for DOJ investigation into CoreCivic’s Saguaro Correctional Center
[This message forwarded from a resident of the Idaho State Correctional Institution.]
9.3.24
Hello,
Just wanted to make sure you are aware that ACLU of Hawaii is calling for a DOJ investigation into Saguaro Correctional Center. Honolulu Civil Beat reporter Kevin Dayton explains why in his article “Lawyer: Hawaii Prisoner Who Was Stabbed Repeatedly In Arizona Must Be Moved.”
I am including my email to ACLU-Hawaii, which I am also sending to ACLU-Idaho and ACLU-Montana.
Take care,
Patrick Irving
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To: ACLU-Hawaii
Subject: DOJ Investigation into Saguaro Correctional Center
[This message forwarded from a resident of the Idaho State Correctional Institution.]
9.3.24
Hello,
My name is Patrick Irving. I write the prison newsletter First Amend This! from Idaho. I understand that ACLU of Hawaii is calling for the U.S. Department of Justice to investigate Saguaro Correctional Center in Arizona, and I have recently made available information that may support your call. You’ll find it in the article titled “Conflicting Accounts of Clark Cleveland’s Death” in my August newsletter at bookofirving82431.com.
You’ll note in my article that I submitted a public records request to the Idaho Department of Correction in an effort to confirm that it was Clark Cleveland who died on the Idaho side of SCC, and also to confirm the date and cause of death. The department denied my request in full after the article was published, citing “ongoing investigation” as its reason.
I hope this information is helpful to you.
Best,
Patrick Irving
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SUGGESTION BOX
The medical situation at IMSI: I suggest that someone fix it.
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Shout out to the California Coalition for Women Prisoners!