Previous: First Amend This! An IDOC Newsletter, Sept. ’24
Welcome to the October 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.
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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IN THIS ISSUE
Creech’s post-execution-attempt appeal for post-conviction relief falls short; Idaho death chamber upgrade underway; IDOC officer mistakenly shot by Boise PD files claim for $500,000; court orders Idaho prisons to temporarily continue providing hormone therapy to Idaho prisoners diagnosed with gender dysphoria; Idaho state relieves its counties of their obligations to indigent criminal defendants; and NFL Hall of Famer Steve Young goes deep at ISCC.
Let’s First Amend This!
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JUDGE CLEARS CREECH FOR SECOND EXECUTION ATTEMPT
Idaho’s Fourth Judicial District Judge Jason Scott last month dismissed a post-conviction relief claim submitted by attorneys representing condemned prisoner Thomas Creech, who survived a lethal injection attempt in February.
Creech’s attorneys argued that another attempt to execute him by lethal injection would violate his Fifth Amendment protection against double jeopardy–a term used to describe twice prosecuting and punishing a person for the same crime–and his Eighth Amendment right to remain free from cruel and unusual punishment.
Scott rejected both claims, finding that Creech has yet to die, so his original sentence is not yet completed, and the U.S. Constitution doesn’t prevent executioners who practice proper kill etiquette from taking mulligans.
Scott also noted that Creech’s attorneys failed to attack the validity of his conviction or sentence, the two prongs on which all post-conviction claims must stand.
The state served Creech a death warrant on Oct. 16, setting his date of execution Nov. 13.
Sources: Ruth Brown, “Judge Dismisses Creech’s Post-Conviction Claims on Cruel and Unusual Punishment,” Idaho Reports. Austin Sarat, “Will Idaho Push Forward with One of the Rarest and Most Horrible Types of Execution,” Slate.com. Richard Rodriguez, “Ada County Judge Dismisses Thomas Creech’s Post-Conviction Relief Claim,” KTVB.com. Jaxon Holmes, “Thomas Creech issued new death warrant after IDOC updates lethal injection procedures,” Boise State Public Radio News.
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WEEK THREE, DAY THREE BREAKFAST (MAINLINE)
[Fruit and whole grain bread is 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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Source: IDOC Food Service Menu 7.1
IDAHO DEATH CHAMBER UPGRADE UNDERWAY
Idaho is one step closer to becoming the second state in the last 50 years to perform an execution by firing squad.
Idaho Reports and KTVB News last month obtained building permits showing that the IDOC has implemented the footprint necessary to legally execute prisoners using high-powered projectiles before a live, splash-guarded audience.
IDOC spokesperson Sanda Kuzeta-Cerimagic wrote in an email to Idaho Reports and KTV, “Phase one of the F Block retrofit included making modifications to the existing configurations and is nearing completion. We are currently in phase two of the retrofit, evaluating design and layout options for accommodating the firing squad.”
Firing squad executions are currently legal in five states: Idaho, Mississippi, Utah, Oklahoma and South Carolina. But only Utah has applied the method (three times in total) since 1976, according to the Death Penalty Information Center.
Sources: Ruth Brown, “Idaho Prison Renovating Execution Chamber After February’s Failed Attempt,” Idaho Reports. Richard Rodriguez, “Idaho Begins Firing Squad Accommodations to Its Execution Chamber,” KTVB.com. Deathpenaltyinfo.org.
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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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Source: IDOC Food Service Menu 7.1
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IDOC OFFICER MISTAKENLY SHOT BY BPD DURING PRISONER ESCAPE SEEKS DAMAGES
When the Boise Police Department (BPD) earlier this year responded to an assisted prisoner escape from Boise’s St. Alphonsus Hospital, BPD Officer Wayne Anderson mistook IDOC transport officer Corporal Christopher Wilske for an active shooter.
Wilske, whose eye was injured either by shrapnel or bullet, has filed a $500,000 claim against the BPD, according to Idaho Statesman journalist Alex Brizee.
To revisit the incident that left three corrections officers recovering from gunfire wounds and made national headlines, read Brizee’s article: “IDOC Correctional Officer Injured in Prison Escape Seeks Damages Against Boise Police.”
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WEEK THREE, DAY THREE DINNER (MAINLINE)
[Fruit and whole grain bread is substituted at facilities flagged for excessively brewing alcohol.]
______________________________
1 cup — Beef Lo Mein
1-1/2 cup — Pasta (All Shapes)
10 gm — Margarine
2 oz — Whole Grain Bread
1 pc — Cream Pie
8 oz Vitamin Beverage
______________________________
Source: IDOC Food Service Menu 7.1
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GENDER-AFFIRMING CARE SAFE FROM IDAHO PRISONS, FOR NOW
Individuals incarcerated in IDOC facilities who have a diagnosis of gender dysphoria and are prescribed hormone therapy will continue receiving medication while the legal challenge against Idaho House Bill 668 plays out in federal court.
The bill passed earlier this year by state legislators made it illegal for state agencies and employees to apply state resources toward therapies used to treat gender dysphoria. Government employees who violate the law face punishment of up to 14 years in prison and a $10,000 fine.
Two transgender individuals, previously reported as three, incarcerated in Idaho prisons and represented by the American Civil Liberties Union of Idaho sued state and prison officials and Centurion Health, the medical provider for Idaho prisons, to prevent the bill from taking effect. Plaintiffs Katie Heredia (legal last name Robinson) and Rose Mills claim that halting their hormone therapy would be a form of cruel and unusual punishment, a violation of their Eighth Amendment rights.
Presiding federal judge David Nye last month issued a preliminary injunction preventing HB 668 from applying to all incarcerated individuals. “Nye said the plaintiffs raise serious questions going to the merits of their case, and they have shown they would experience irreparable harm from enforcement of the law,” Idaho Capital Sun reporter Mia Maldonado writes.
Nye also granted the case class action status, extending protections to all IDOC residents who have a diagnosis of gender dysphoria and are receiving hormonal therapy.
According to court documents reviewed by the Idaho Capital Sun, Centurion reported that 60 to 70 people in IDOC facilities were diagnosed with gender dysphoria when HB 668 became active. But only 54 were being treated with hormones.
Nye’s order applies only to individuals in IDOC facilities.
Sources: Mia Maldonado, “Transgender People in Idaho Department of Correction Custody Can Get Hormone Therapy for Now,” Idaho Capital Sun. Alex Brizee and Ian Max Stevenson, “3 Idaho Transgender Prisoners Sue Over Medical Care. They Can Get Treatment for Now,” Idaho Statesman.
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IDAHO’S PUBLIC DEFENSE SYSTEM UPDATED
The state of Idaho last month relieved its counties of their public defense obligations to indigent criminal defendants.
The sweeping change to Idaho’s public defender system comes in response to Tucker v. State of Idaho, a lawsuit filed in 2015 by the ACLU of Idaho, in partnership with National ACLU and the global law firm Hogan Lovells. The suit, filed on behalf of tens of thousands of individuals involved with Idaho’s criminal justice system, addressed what ACLU-Idaho communications director Rebecca De Léon described as an “under-resourced approach to public defense that violate the Sixth Amendment and state constitutional rights to an attorney.”
While the system overhaul may appear as forward motion, De Léon earlier this year wrote in a news release, it fails to remedy certain issues and makes some problems worse.
According to Ruth Brown with Idaho Reports, some attorneys who will make less money under the new state-run, public defender system have already begun filing motions to withdraw from their clients’ cases.
The Idaho State Bar has weighed on when it is ethical for attorneys to do so: only when the new pay structure will impact their ability to provide adequate material support to their clients.
Presiding judges are given broad discretion in determining whether to grant such motions. Elmore County attorney Terry Ratliff told Brown that his office has filed around 200 motions to withdraw, and that judges have granted most of them. Exceptions, he says, are cases where the defendant has yet to exhaust their 42-day timeframe to appeal.
Sources: Ruth Brown, “Idaho State Bar Issues Ethics Opinion on Attorneys Dropping Cases Amid Public Defense Change,” Idaho Reports. Rebecca De Léon, “Feb. 21, 2024 News Release,” acluidaho.org.
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A MESSAGE FROM IDAHO STATE PUBLIC DEFENDER OFFICES
[Delivered to Idaho’s prison population over JPay Sept. 24.]
The contact information for Idaho State Public Defenders in 14 counties has recently changed. Please see the below changes:
Ada County Main Office: 200 W. Front St., Boise, ID, 83702. Phone # (208) 605-4800. Fax # (208) 917-4879.
Bannock County Main Office: 353 N. 4thAve., Pocatello, ID, 83201. Phone # (208) 701-7355. Fax # (208) 840-7641.
Blaine County Main Office: 206 1stAve., Hailey, ID 83333. Phone # (208) 806-7700. Fax # (208) 913-3736.
Bonner County Main Office: 212 S. 1stAve., Sandpoint, ID 83864. Phone # (208) 920-6530. Fax # (208) 920-5100.(Scheduled to be active Sept. 25)
Bonneville County Main Office: 510 D. St., Idaho Falls, ID 83402. Phone # (208) 701-7300. Fax # (208) 534-6474.
Canyon County Main Office: 111 Albany St., Caldwell, ID 83605. Phone # (208) 605-4920. Fax # (208) 795-1371.
Gooding County Main Office: 145 7thAve., Gooding, ID 83330. Phone # (208) 644-7145. Fax # (208) 944-6300.
Jefferson County Main Office: 200 Courthouse Way, Rigby, ID 83442. Phone # (208) 701-7345. Fax # (208) 754-2461.
Kootenai County Main Office: 1450 Northwest Blvd., Suite 301, Coeur d’Alene, ID 83814. Phone # (208) 415-3800. Fax # (208) 626-4199.
Minidoka/Cassia Counties Main Office: 1521 Overland Ave., Burley, ID 83318. Phone # (208) 647-7500. Fax # (208) 808-2354.
Power/Oneida Counties Main Office: 543 Bannock Ave., American Falls, ID 83211. Phone # (208) 701-7335. Fax # (208) 534-6132.
Twin Falls County Main Office: 233 Gooding St., Twin Falls, ID 83301. Phone # (208) 644-7111. Fax # (208) 944-6900.
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NFL LEGEND STEVE YOUNG SCORES WITH SPEECH AT ISCC
Former 49ers quarterback, Hall of Famer and author Steve Young last month visited the Idaho State Correctional Center (ISCC) to speak to a hand-selected group of men incarcerated at the facility.
Young spoke about how his success in the NFL, business, philanthropy and life all trace back to lessons of love, according KTVB reporters Brady Frederick and Zack Armstrong.
The IDOC wrote on its Facebook page that those in attendance appreciated his message.
“As I told them, I didn’t come to speak to them because they’re in prison,” Young told KTVB. “I came to speak to them because they’re journeying with me and we’re on this path together.”
Young also visited patients at a local hospital and spoke at a pair of community events while in the Boise area.
His book “The Law of Love” was published in 2022.
Source: Brady Frederick, Zack Armstrong, “NFL Legend Steve Young Visits Idaho Prison to Share Message of Love,” KTVB.com. IDOC Facebook page.
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RENICK ON THE RADIO
With over seven years of episodes available for streaming, Mark Renick host Victory Over Sin on Boise’s KBXL 94.1 FM, Saturdays at 12:30 p.m. The program, funded by the Southwest Idaho advocacy arm of St. Vincent de Paul, shares what it’s like to live incarcerated in Idaho and then to come out of incarceration and live on parole.
9.7.24. Oxford House outreach manager Michael Reininger shares the democratically run, long-term sober-living model that his organization offers men and women in Eastern Idaho and the Treasure Valley. Visit Oxfordvacancies.com and oxfordhouse.org for more.
9.21.24. Digital creator and businessman Eddie Nicholoson did six years in prison, seven on parole. He attributes his success and happiness to a now-defunct, experimental faith-based prison program and the opportunities that he created following his incarceration.
9.28.24. East Boise Community Reentry Center volunteer Heidi Barker discusses her return to St. Vincent de Paul as a recovery coach and reentry specialist, pulling from own her wealth of knowledge and experience with addiction to help others.
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
The newly graduated class of probation and parole officers: Richard Vasquez, Top of Class Award; Mark Young, Tactical Edge Award; Nikolas Hansen, Top Shot Award; Austin Anderson, Most Improved on Target; Bethany Fitch, Top Instructor.
Clinical Supervisor Bryan Gimmeson for 15 years with the IDOC. Lt. Dixie Hoyt for an extensive list of positive attributes and her overall value to the department. Cpl. Daniel Burton as ISCC Employee of the Quarter. Ofc. Kaitlyn Murray as IMSI Employee of the Quarter. District 5 Presentence Investigator Jaime Staples for contagious positivity and five years with the IDOC.
District 4 probation and parole officers for working with the Boise Rescue Mission to take kids staying at the mission shopping for school supplies.
Source: IDOC Facebook page.
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RESIDENT AUDITING 101
My public records request for the names, date of death and autopsy status of all IDOC residents who have died at Saguaro Correctional Center has been filled and denied in part. The department cited “ongoing investigation” as its reason for denying all information on the second of two deaths.
After being led for many months to believe that they were awaiting pay raises, resident workers at Idaho State Correctional Institution (ISCI) are now reporting dramatic decreases in pay rates and working hours.
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RESOURCES FOR INCARCERATED PERSONS
Level is an organization dedicated to providing people incarcerated in U.S. prisons with free printed educational, job training and personal development guides. Its mailing address has recently changed to:
Level
PO Box 40010
Austin, TX 78704-0001
phone (877) 285 – 3835
http://learnlevel.org
Instagram: @learnlevel
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INMATE SERVICES AT WORK
[From a recent batch of letters sent to university criminologists.]
9.8.24
Greetings!
My name is Patrick Irving. I was told that you and your students may have an interest in the makeshift prison project that I run with the help of my father at bookofirving82431.com. Enclosed is the monthly newsletter that I have published to the site for nearly five years. Online subscriptions are free. I hope you find this helpful and consider me a resource in the future.
Cheers,
Patrick Irving
ISCI Unit 14B
PO Box 14
Boise, ID 83707
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SUGGESTION BOX
I suggest better suggestions from all of you.
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Shout out to Wingnut! Thanks for donating a bag of coffee to help me offset the cost of producing this newsletter!