Updates

Hey folks,

Proud Prison Journalism Project contributor here! Check out my newest collaboration with Kashawn Taylor and Cesar Hernandez: “What Prison Has Taught Us About Politics” at prisonjournalismproject.com

Also–if you’ve found your way to this page as a supporter of Kashawn or Cesar, please pass on to them my love and appreciation for their contributions to our amazing prison journalism community.

#PJPStrong

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.]
______________________________
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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Click here for video.

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.]
______________________________
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.]
______________________________
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
————————————————

Click here for video.

Source: IDOC Food Service Menu 7.1

***

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.

***

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.

***

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.

***

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

***

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/

***

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
__

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

***

SUGGESTION BOX

The medical situation at IMSI: I suggest that someone fix it.

***

Shout out to the California Coalition for Women Prisoners!

“Hands Held High”
— Linkin Park

Next: First Amend This! An IDOC Newsletter, Oct. ’24

Aww Snap! News is a Prison Dude production, paid for with a meager monthly allowance from The Prison Dude’s mom and dad.

Our mission is to strengthen the information networks used by criminal justice researchers and writers–emphasis on those who work from incarceration–to better inform decisions surrounding public safety policies.

You, too, can help. Getting started is as easy as sharing any of the below articles or summaries on your preferred platform and following our broadcasts on TikTok @ThePrisonDude.

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What’ s up? I’m Patrick Irving. This is Aww Snap! News.

“Idaho’s first anti-human trafficking task force may have been fueled by fraud.”

Community Outreach Behavioral Services of Idaho bills itself as a saving grace for victims of human trafficking. But according to InvestigateWest, the organization whose clients come at the direction of police, county jails, judges, prosecutors and probation officers appears to be using trafficking victims to arrange for the billing of much, much more. For extreme conflicts of interest at best and government-supported fraud at worst, view:

Ref. “An Idaho safe house claimed it was saving trafficking victims. Women said it was like being ‘trafficked all over again’.” Wilson Criscione and Kelsey Turner, InvestigateWest.

“Idaho local and state agencies directed federal funding to safe house despite complaints and contractual violations.” Kelsey Turner and Wilson Criscione, InvestigateWest.

“Idaho local and state agencies directed federal funding to safe house despite complaints and contractual violations.” Kelsey Turner and Wilson Criscione, InvestigateWest.

“Feds Open Investigation Into Anti-Trafficking Nonprofit After InvestigateWest Exposes Potential Fraud.” Wilson Criscione and Kelsey Turner, InvestigateWest.

#501C3somes

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“Colorado prisons ignore state mandate to abolish slavery.”

In 2018, Colorado voters amended the state’s constitution to free incarcerated people from slavery and indentured servitude. But, as Daniel Ducassi with Law 360 reports, two men in Colorado prisons are now claiming in a lawsuit that the state’s DOC is refusing to abide by the mandate. The men are now seeking to expand their lawsuit to include up to 14,000 plaintiffs.

Ref.: “Colo. prisoners seek class cert. in slave labor suit.” Daniel Ducassi, Law360.

#prisonwatch

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“San Diego County jails killing at an alarming rate.”

More than $75,000,000 in lawsuits have been paid out by San Diego County for preventable jail deaths and injuries since 2019. Two egregious examples recently detailed by the San Diego Union-Tribune include a 24-year-old pregnant woman who sheriffs deputies left to die after watching collapse, and a developmentally disabled woman found to have withered away for weeks.

Ref.: “After record $15 million settlement, San Diego still confronts a slew of other jail-death lawsuits.” Jeff McDonald, San Diego Union- Tribune.

#badhombresheriff

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“Los Angeles County juvenile services to pay for long history of child sex abuse.”

In Los Angeles County, after California’s 2019 Child Victims Act loosened the criminal and civil statute of limitations for child sex abuse, more than 5,000 plaintiffs filed claims over allegations that took place in foster homes, shelters and juvenile probation and detention facilities. According to reporting by The Imprint, the county’s juvenile probation and detention services has been targeted by more than 2,300 lawsuits in the last three years alone.

Ref.: “A Staggering Tally: Cases Alleging Sexual Abuse of Children in Los Angeles County Now Number Thousands.” Jeremy Loudenback, The Imprint..

#LACountyReckoning

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“Washington sets aside $99,000,000 to make amends with stoners.”

Prison Legal News contributor David M. Reutter reports that nearly 400,000 people with marijuana convictions in Washington state are now eligible to have their convictions vacated and be refunded for money spent during the legal process. A total of $99,000,000 has been set aside by the state to ensure refunds for those convicted prior to Feb 21, 2021. Those impacted can apply for refunds at https://refund.courts.wa.gov.

Ref. “$10 Million Reimbursed for Vacated Washington Drug Possession Convictions.” David M. Reutter, Prison Legal News.

#PotLuck #HashTag #Nickelback

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“Christopher Dunn freed after wrongfully imprisoned for 34 years.”

Missouri’s Christopher Dunn has been released from prison after spending 34 years incarcerated for a murder he didn’t commit. Dunn’s exoneration was secured with the help of the Midwest Innocence Project, one of several such projects in the U.S. made possible by grants and support from donors.

Ref.: “Man freed after murder conviction was overturned speaks with Scripps News.” Scripps News Staff, Scripps News.

“Exonerated murder suspect Christopher Dunn freed after 30 years.” Emily DeLetter, USA Today.

#wrongfullyconvicted

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“Former Inmate Services Corporation employees sentenced for raping shackled transportees.”

The private prisoner transport company Inmate Services Corporation, once based out of Arkansas, has finally been put to sleep. This after two of its employees were sent to prison for raping multiple female transportees and others who worked for the company were accused and convicted of sexual assaults.

Ref. “Private Prison Transport Guards Sentenced to Prison for Raping Detainees.” Douglas Ankney, Prison Legal News.

#RegulationsPlease

***

“Baton Rouge PD may have an A-hole problem”

Good news for tourists and citizens of Baton Rouge, Louisiana! According to Jurist News, The Advocate and the city’s WAFB.com, U.S. District Court Judge Shelly Dick has ruled that the Baton Rouge Police Department’s decades-long practice of conducting severe beatings, strip-searches and flashlight body cavity searches on people seen as behaving suspicious is no longer cool.

Ref.: “BRPD strip search policy ruled ‘unconstitutional’ by chief federal judge.” WAFB.com.

“Federal judge strikes down Baton Rouge police strip search policy as unconstitutional.” Josh Villanueva, Jurist News.

“Baton Rouge police strip search policy is ‘unconstitutional’ on its face, federal judge rules.” Patrick Sloan-Turner, The Advocate.

#touristtrappin

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“Elected Pennsylvania constable who bragged about being a pimp faces criminal charges.”

Pennsylvania State Constable Timothy “Timbo” Raye Heefner is a self-described pimp who is accused of recruiting sex workers from the Franklin County lockup. Heefner is now facing charges for up to 704 criminal offenses, many of which are supported by evidence procured through his prolific Facebook messaging and recorded phone calls to detainees at the local jail.

Ref.: ” ‘Sugar Daddy’ Pennsylvania Constable Accused of Recruiting ‘Sugar Babies’ at Jail.” Prison Legal News.

#BadConstable #JailisCrazy

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“Shots Fired! FCC takes aim at prison telecom providers.”

The Federal Communications Commission in recent months took aim at several abusive practices by prison telecom providers and their downright dirty methods of scoring jail and prison contracts. Visit Prison Policy Initiative at prisonpolicy.org for Wanda Bertam’s report on the how the new FCC regulations will cap the costs of jail and prison phone and video services, and otherwise impact the families and the loved ones of people incarcerated.

Ref.: “FCC votes to slash prison and jail calling rates and ban corporate kickbacks.” Wanda Bertram, Prison Policy Initiative.

#worthrises

***

“TV’s Green Power Ranger sought by police after scuffle over handicap parking space with 62-year-old man using walker.”

When earlier this summer confronted for taking a handicapped parking space, actor Hector David Rivera Jr., AKA the Green Power Ranger, allegedly pushed down a man using a walker, and then went on the run. David at the time was scheduled to appear at the Magic Valley Comic-Con, an Idaho event whose website had him featured on its home page.

Ref.: ” ‘Power Rangers’ actor accused of pushing elderly man to the ground in Idaho parking lot.” Jude Binkley, KTVB.com

“Former ‘Power Rangers’ actor charged with battery in Nampa, court date set.” Daisy Bautista, KTVB.com.

#GreenPowerRanger #BreakingBad #PowerRangersBeTrippin #ComicCon

***

To learn more on how Earth’s defenders of justice have been caught misusing their powers, follow Aww Snap! News on TikTok @ThePrisonDude.

Patrick Irving is currently incarcerated at the Idaho State Correctional Institution. He is a Prison Journalism Project contributor, a member of PEN America’s forthcoming Incarcerated Writers Bureau and the author of the First Amend This! newsletter. His work has been published by The New York Times, The Harbinger, Idaho Law Review, Solitary Watch, Prison Journalism Project and JSTOR.

Hey folks,

By now you have likely seen me mention that I am experimenting with ways to strengthen the information networks used by criminal justice researchers and writers, with an emphasis on those who work from incarceration.

With support for this project currently limited to that coming in from my creative partner and family, tackling this task from prison requires a little extra innovation. One approach we are now trying uses my prison telecom provider and a popular online platform to hype the work of others through what we’re calling Aww Snap! News briefs.

Aww Snap! News briefs are short broadcasts filmed using JPay’s 30-second VideoGram service and posted to TikTok from Berlin under the handle @ThePrisonDude. I do what I can to notify my sources of information how and why I am attempting to amplify their work, and I include in each followup an invitation to utilize our growing network.

The production process has its kinks and my team is green to TikTok, but early results are promising.

If you or someone you know may be interested in helping Aww Snap! News pursue its aforementioned goal, check us out, follow us, subscribe to us, pin us, X us, like us, swipe us right, toggle us down, Yelp us up, shout us out–whatever you’re doing online, doing it to us would be cool.

And if you come across a story, a body of research or an incarcerated talent that you would like to share, hit me up by way of snail mail, JPay, contact form, email or TikTok.

Thanks for your time and interest.

— Patrick

Update:

After posting this epistle, I emailed this thread to several members of the MuckRock team, including the product outreach manager that I first reached out to in April. That email was the only one of five to bounce, suggesting to me that he has since moved on.

MuckRock COO Amanda Hickman kindly responded by email before the end of the day. According to their records, she said, the MuckRock support team answered my final inquiry May 27. She included what she said was their response and offered to answer further questions.

Unable to match the May 27 return to my own email records, I cannot say why I never received it. I can only say that I am relieved by Ms. Hickman’s tactful and timely response, as it allows me to continue believing in her organization and the people it serves.

“MuckRock is a nonprofit, collaborative news site that brings together journalists, researchers, activists, and regular citizens to request, analyze, and share government documents, making politics more transparent and democracies more informed.” — Muckrock.com

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[This message forwarded from a resident of the Idaho State Correctional Institution.]

8.26.24

Hi MuckRock,

It’s Patrick Irving again. I approached your team by email early April to share that I was planning on devoting a year to strengthening the information networks used by criminal justice researchers and writers, and that I for some time had already been referring people to your platform. I emailed again in May with questions about using your service to submit public records requests to prison systems across the U.S. Can you please help me to understand why I’m still awaiting your response?

Since your info center and management team have fallen short in responding to my queries, I feel torn by the need to begin recanting months of referrals to your service. The excitement that I maintained for so long after reading about your mission and researching your team is nearly gone, replaced by the worry that your operations may be biased towards individuals who are researching and writing from incarceration–a population for which I am proud to champion.

Would anyone at MuckRock care to comment on my experience?

–Patrick Irving
bookofirving82431.com

Previous: First Amend This! An IDOC Newsletter, July ’24

Welcome to the August 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.

***

EDITOR’S NOTE

In this issue:

All hell is breaking loose at Saguaro Correctional Center; FCC votes to lower the rate caps for jail and prison phone and video calls; judge broadens restraining order in Idaho Vagina Trials; sister of Milo Warnock, Hallie Johnson, publishes op-ed on Idaho prisons; drugs, drones and cellphones–a growing concern in corrections; Thomas Creech fouls the friendship of a federal judge and local prosecutor; Boise State Public Radio brings you an Idaho prison gang update; and an IDOC job fair prepares residents for reentry.

Let’s First Amend This!

***

CONFLICTING ACCOUNTS OF CLARK CLEVELAND’S DEATH

Several residents who recently returned from Saguaro Correctional Center (SCC) in Eloy, Ariz. last month presented me with concerns surrounding the death of an Idaho man at the facility they knew only as Cleveland.

I reached out to the IDOC public information officer (PIO) to verify whether they are referring to Clark Cleveland, a man with whom I became acquainted at the Idaho Maximum Security Institution. The PIO recommended I submit my query as a public records request.

I followed her recommendation, requesting the names, dates and causes of death for all Idaho prisoners who have died at SCC.

Unfortunately, Idaho public records law prohibits incarcerated individuals from requesting information that pertains to other imprisoned people, and this law is sometimes interpreted to include those who are deceased. Whether that’s true with this request has yet to be determined–my inquiry remains unfilled as this article is published.

It was another person following SCC operations who supplied me with this news release, found on the IDOC’s X (formerly Twitter) account. It corresponds with the estimated time of death relayed by those who first approached me.

A 39-year-old IDOC resident housed at Saguaro Correctional Center in Arizona, who was found unresponsive on Mon. 6/17/24, has died. Staff performed life-saving measures and called 911. The resident was pronounced dead at 4:19 a.m. Local law enforcement is investigating.

Having compared information provided by the IDOC Resident Finder with media coverage of Cleveland’s crimes, I can say that it appears Cleveland has completed his natural life sentence. But I remain unable to confirm whether he was the subject of the news release without IDOC verification.

Among those I’ve spoken to is an individual who says that he was housed a few cells away from Cleveland the evening he died. He has given me permission to share what he witnessed but asked to remain anonymous for fear of retaliation.

He tells me that he and Cleveland were in the hole on unit HB when Cleveland began screaming that something was burning a hole through his insides, and that Cleveland beat on his door for hours, yelling for staff to help him. Medical staff came onto the unit and spoke to Cleveland multiple times that evening, and each time, he says, they accused him of faking his emergency. Because Cleveland was housed on the upper tier of his unit when they finally brought in a stretcher, prison staff had to carry his bloody and lifeless body down the stairs to the stretcher. He also says that he later spoke to prison staff about what he witnessed, and they told him that Cleveland died on the way to the hospital from a hole being eaten through his stomach.

SCC is a private contract facility that is operated for a profit by the company CoreCivic. It currently houses prison overflow for Idaho, Hawaii and Montana.

Sources: KTVB Staff, “Indictment Claims Accused Shooter Showed ‘Propensity to Commit Murder’,” KTVB.com. Author Unknown, “Clark Cleveland Avoids Death Penalty, Pleads Guilty to Murder,” News Radio 1310 KLIX. Stephen Rockefeller, “Three Idaho Prison Guards Hurt in Inmate Attack,” East Idaho News.

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WEEK THREE, DAY ONE BREAKFAST (MAINLINE)

[Fruit and whole grain bread is substituted at facilities flagged for excessively brewing alcohol.]
______________________________
1 pc — Chuckwagon Patty
1 cup — Farina
8 oz. — Milk 1%
3 oz. — Biscuit
0.75 oz. — Country Breakfast Gravy
2 pckt — Sugar
8 oz. — Vitamin beverage
————————————————

Click here for video.

Source: IDOC Food Service Menu 7.1

***

ALLEGED PRISON EMPLOYEE METH MULE ARRESTED AT SCC

Patricia Fay West, 56, last month pleaded not guilty to six felony charges resulting from her alleged June 20 attempt to smuggle 6 oz. of methamphetamine into SCC.

She was employed by the prison at the time of her arrest.

According to Honolulu Civil Beat reporter Kevin Dayton, the Pinal County Narcotics Task Force searched West’s home after her arrest and found enough meth to bring the total amount in her possession up to roughly two pounds.

West is now facing six criminal charges, including two counts of possession of a dangerous drug for sale and one count of promotion of prison contraband–each a felony punishable with up to 10 years in prison.

An IDOC spokesperson declined to comment on West’s arrest and drug activities at SCC

“But Hawaii prison officials,” writes Dayton, “said in December that no Saguaro staff members had been terminated, arrested or charged with smuggling contraband last year.” This despite a man on the Hawaii side of the facility being found dead in his cell last fall with methamphetamine in his system.

Source: Kevin Dayton, “Police Say Prison Worker Tried to Bring Meth Into Arizona Facility That Houses Hawaii Inmates,” Honolulu Civil Beat.

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WEEK THREE, DAY ONE LUNCH (MAINLINE)

[Fruit and whole grain bread is substituted at facilities flagged for excessively brewing alcohol.]
______________________________
1.5 oz. — Peanut Butter
0.5 oz. — Jelly
2 oz. — Wholegrain Bread
1 — Fresh Fruit/Banana
1 — Weekend Muffin
————————————————

Click here for video.

Source: IDOC Food Service Menu 7.1

***

CELL ESCAPES, CELL INVASION, AMBULANCE RIDE AND LIFELIGHT: MORE REASONS TO BE CONCERNED WITH IDAHO’S CONTRACT FACILITY

On July 27, four Hawaii men housed in an SCC AdSeg unit brutally assaulted another man on their unit after performing what appears to be an orchestrated cell escape.

Hawaii Department of Corrections and Rehabilitation (HDCR) released a statement saying that one of the four aggressors first assaulted a guard who was escorting him, then used the guard’s keys to free three others from their cells before invading the cell of a fifth man.

Honolulu Civil Beat reporter Kevin Dayton has since identified the fifth man as 51-year-old Daniel Kosi.

The guard was taken to the hospital by ambulance, Kosi by helicopter. Both were released the following day.

Kosi’s sister spoke to Dayton about the assault. She says her brother reported being stabbed roughly 50 times in his head and upper body.

Honolulu lawyer Myles Breiner represents a client who is also incarcerated at SCC and claims to have witnessed the attack. Breiner told Honolulu Civil Beat that surveillance video shows the guard who was allegedly assaulted failed to abide by policy and escort his prisoner in restraints with a fellow officer. He also said that Hawaii corrections is now investigating whether that guard was paid off.

“The July 27 attack,” writes Dayton, “comes two months after another Hawaii prisoner at Saguaro was apparently murdered in his cell in another area of the facility.”

Source: Kevin Dayton, “Hawaii Inmates Escape from Their Cells and Attack Another Prisoner in Arizona,” Honolulu Civil Beat. Kevin Dayton, “More Details Emerge on Attack of Hawaii Inmate at an Arizona Prison,” Honolulu Civil Beat.

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WEEK THREE, DAY ONE DINNER (MAINLINE)

[Fruit and whole grain bread is substituted at facilities flagged for excessively brewing alcohol.]
______________________________
1 pc — Salisbury Steak
0.5 cup — Mashed Potatoes
0.75 cup — Vegetables
1 pc — Pumpkin Cream Pie
2 oz — Wholegrain Bread
10 gm — Margarine
8 oz — Vitamin Beverage
————————————————

Click here for video.

Source: IDOC Food Service Menu 7.1

***

FCC VOTES TO IMPOSE NEW REGULATIONS ON PRISON TELECOM PROVIDERS

The Federal Communications Commission (FCC) on July 18 voted to impose new regulations on prison telecom providers that will significantly lower price caps on jail and prison phone and video calls.

Phone calls are to be capped at between 6¢ and 12¢ per minute, depending on the type and size of facility. Video calls will be similarly capped between 11¢ cents and 25¢ per minute.

The new regulations prohibit providers from charging excessive fees for things like depositing funds into an account, and from pocketing unused funds from consumer accounts. They also limit the incentives that companies can offer to those who contract their services to 2¢ per calling minute, and only for costs accrued facilitating their services.

Additionally, providers are now required to make their services more accessible to people with disabilities.

Prison Policy Initiative (PPI) communications strategist Wanda Bertram described the new regulations in a PPI report as “a massive victory in the decades-long fight for prison and jail communication justice.”

Unfortunately, writes Bertram, providers will still be allowed to bundle “regulated services into contracts with unregulated services that charge unfair and unreasonable rate (like electronic messaging and tablet features).”

Editor’s note: The Human Rights Defense Center (HRDC) in 2020 filed a federal class-action lawsuit on behalf of four plaintiffs against providers Securus and Global Tel*Link–now known as ViaPath Technologies. HRDC claims that both companies violated the Racketeer Influenced and Corrupt Organization (RICO) Act by colluding with the billing and processing company 3Cinteractive to fix the cost of single-call services. Anyone who in the past 10 years has paid $14.99 or $9.99 for a single phone call from either providers Securus and Global Tel*Link, now known as ViaPath Technologies, is encouraged to contact the HRDC legal team.

Sources: Wanda Bertram, “FCC Votes to Slash Prison and Jail Calling Rates and Ban Corporate Kickbacks,” prisonpolicy.org. Unnamed Author, “Fourth Circuit Reinstates HRDC’s RICO Claim Against Securus and ViaPath,” Prison Legal News (May 2024).

***

FEDERAL JUDGE TEMPORARILY REINSTATES GENDER-AFFIRMING CARE IN IDAHO PRISONS

Idaho Prison Project founder Julia Piaskowski last month interviewed several transgender individuals incarcerated in Idaho prisons whose medical diagnoses this year became the target of House Bill (HB) 668.

The bill that prohibits state resources–including state-paid health insurance–from being used to treat anyone diagnosed with gender dysphoria was immediately challenged in federal court by three incarcerated individuals, represented by ACLU of Idaho.

Last month I reported that Chief U.S. District Judge David Nye issued a temporary restraining order requiring the state to continue providing hormone therapy to the three plaintiffs. Nye has since expanded the order to include all current residents in IDOC custody who have a diagnosis of gender dysphoria and are receiving hormone therapy.

To better understand how bills like HB 668 impact people who are incarcerated, view “Idaho Trans Prisoners: In Their Own Words” at IdahoPrisonProject.org.

Sources: Julia Piaskowski, “Idaho Trans Prisoners: In Their Own Words (Part 1 and 2),” IdahoPrisonProject.org. Mia Maldonado and Kyle Pfannenstiel, “Federal Judge Temporarily Blocks Law for People In Idaho Prisons On Hormone Therapy,” IdahoCapitalSun.com

***

HALLIE JOHNSON PUBLISHES OP-ED ON CORRECTIONS

In the absence of her brother, Milo Warnock, 45, killed Dec. 10 while locked in his cell at the Idaho State Correctional Center (ISCC), Hallie Johnson last month published an op-ed in the Idaho Statesman, through which she describes awakening to the deficiencies in corrections and how Milo’s story has moved her to advocate on behalf of others.

“During and since Milo’s incarceration,” Johnson writes, “I have learned about the conditions and treatment of inmates at ISCC and the disparity of treatment between facilities. The information I have gleaned is not acceptable to me, and I wish to share it with your faithful readers whose voices might join mine in a call for a change.”

Click here to read Johnson’s op-ed “My Brother Was Killed In an Idaho Prison. We Must Fix Conditions for the Incarcerated.”

***

DRUGS, DRONES AND CONTRABAND CELLPHONES — THE IDAHO STATESMAN REPORTS

With more contraband cell phones confiscated in Idaho prisons this year than in the last five years combined, Idaho Statesman reporters Samuel O’Neal and Kevin Fixler investigate how current federal regulations impede the ability of state prisons to combat drones deliveries of contraband.

Click here to read “Idaho Prisoners Gaining More Access to Banned Phones, Drugs. Drone Drops May Be To Blame.”

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THOMAS CREECH TESTS THE FRIENDSHIP BETWEEN A FEDERAL JUDGE AND LOCAL PROSECUTOR

Attorneys for Thomas Creech say in a new court filing that U.S. District Judge Amanda Brailsford should have recused herself from Creech’s February request to suspend his execution while he sought a new commutation hearing.

According to Ruth Brown with Idaho Reports, Creech’s attorneys claim that Ada County deputy prosecutor Jill Longhurst tainted the outcome of his January commutation hearing by crediting him with a murder for which he was never charged.

They say in their newest filing that an openly-fluttered-about friendship between Brailsford and Longhurst’s boss, Ada County Prosecutor Jan Bennetts, created the same conflict of interest that Brailsford once cited as the reason for recusing herself from a lawsuit filed against Bennetts.

Per the Idaho Judicial Council’s code of conduct, “a judge shall not convey or permit others to convey the impression that any person or organization is in a position to improperly influence or coerce the judge.”

Brailsford in her response is now contesting the claim that she and Bennets are the kind of friends that Creech’s legal team says they projected during Brailsford’s 2019 installment to the state bench. (Synopsis: Bennetts suggested in a speech that Brailsford was her occasional lunch companion, the kind of friend a person was fortunate to find, one for whom she’d drop everything if asked . . . Brailsford called Bennetts a dear friend in return.) In response to Creech’s newest filing, Brailsford writes, “[Ms. Bennetts] has never been to my home or I to hers. We have not taken vacations together, celebrated holidays together, or shared family occasions together. We have not regularly communicated either by correspondence or by telephone, and in fact, we have rarely communicated.”

Creech is now asking the Ninth Circuit Court of Appeals to weigh in on whether the two women’s friendship was strong enough to tip the scales in favor of his execution.

Source: Ruth Brown, “Creech Claims Judge in Lawsuit Should Have Recused Herself,” Idaho Reports.

***

U.S. ATTORNEY ON YEAR’S LONG DISRUPTION OF IDAHO PRISON GANG

U.S. Attorney for the District of Idaho Josh Hurwitz last month, during an interview with George Prentice on the Boise State Public Radio show Morning Edition, described the legal steps taken by his office, the FBI and the IDOC to disrupt an Idaho prison gang that recently made national news coverage.

For more: George Prentice, “Idaho Feds To-Do List: Target Elder Abuse and Cripple the State’s Most Infamous Gang,” Boise State Public Radio.

***

ONE MAN’S CELL IS ANOTHER MAN’S SAUNA

July’s record-tying nine-day streak of plus-100 degree temperatures was greeted by Idaho State Correctional Institution units 14B and 14C with an overall lack of air conditioning, ventilation and ice.

“Our cooling systems are up and running, but are only designed to lower the temperature by 20-25 degrees,” Chief of Prisons Chad Page announced in a July 10 JPay message. “Remember to drink plenty of water throughout the day to stay hydrated. If you are not feeling well or are experiencing symptoms such as dizziness, nausea, or headaches, please report to staff immediately.”

Portable swamp coolers placed on both units were left with instructions to keep their cooling reservoirs empty.

On July 12, Unit 14 staff delivered a memo stating that they would begin supplying each of the unit’s four tiers with 5-gallon buckets of Gatorade. The drink arrived two and three times a week for approximately three weeks and there often wasn’t enough for everyone to get a cup.

On July 27 at 7 a.m., a corrections officer taking the Unit 14B dayroom temperature showed me his point-and-shoot thermometer reading: 99.1° F.

For those without fans in their cells, it felt even hotter because our cells lack the ventilation that we have in the dayroom. The 8″ plastic fans sold by Keefe commissary for $26.58 (after tax) have been sold out for several weeks, and the company has notified residents over JPay they will remain out-of-stock until mid-September.

(What it did not say is whether the outage is a result of reallocating its inventory to states where prisoners pay more. The Appeal earlier this year reported that Indiana prisons sell 8″ plastic fans for $33, and Cory Doctorow reported that Georgia prisoners pay $32 for the same fan that Delaware’s Sussex County Correctional Institution sells for $40.)

Sources: https://www.weather.gov/boi/ConsecutiveDaysof100. Cory Doctorow, “Greedflation, But for Prisoners,” Pluralistic.net. Elizabeth Weill-Greenberg and Ethan Corey, “Locked In, Priced Out: How Prison Commissary Price-Gouging Preys on the Incarcerated,” TheAppeal.org.

***

A MESSAGE FROM JPAY

Sent to IDOC residents July 7 over JPay.

It has been brought to our attention that prepaid stamps are unable to be used when sending mail. Our development team is actively working on a fix to resolve this. Please be assured that any prepaid stamps purchased will not be lost during this time and will remain on your account. We apologize for any frustration and inconvenience this has caused.

Another announcement will be sent out as soon as we have an update. In the meantime, please be patient and refrain from submitting concern forms or grievances on this issue.

***

ISCC JOB FAIR

An ISCC job fair last month provided residents who were within six months of their scheduled release date an opportunity to meet and apply with community employers and organizations who offer support services.

Boise’s KTVB News anchor Brenda Rodriguez reported prior to the event that Idaho prisons last year released 5,101 people back to their communities, and that the number this year is expected to climb.

“We are thankful to the 24 partners and employers who attended this event, and to many others who sent in job flyers and information about their business” the IDOC posted on Facebook. “We look forward to making this a regular practice and expanding it to other facilities.”

Sources: Brenda Rodriguez, “IDOC Apprenticeship Program and Job Fair Aims to Get Inmates Jobs After Prison,” KTVB.com. IDOC Facebook page.

***

RENICK ON THE RADIO

With over seven 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 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.

7.20.24. Doug Austin shares how he is embracing the support of his local community after spending 42 years incarcerated.

7.27.24. Doug Austin returns for a second week to discuss adjusting to life after 42 years in prison and how he is now supporting those following in his footsteps.

Contact Mr. Renick at 208-477-1006 or  visit https://www.svdpid.org for more information on reentry resources in Southwestern Idaho.

***

RECENTLY ACKNOWLEDGED

Residents of the Idaho Falls Community Reentry Center for donating $1,645 to the Eastern Idaho Down Syndrome Family Connect and for planning to volunteer at the Dash for Down Syndrome Race on Aug. 24.

IDOC probation and parole staff during Probation and Parole Week, for their service, support and guidance to community-supervised individuals.

District 3 Probation and Parole Officer Misty King with her division’s Employee of the Year Award.

Source: IDOC on Facebook

***

RESIDENT AUDITING 101

The Resident Auditing Committee last month submitted public records request for:

1) The total number of IDOC residents who have passed away at SCC, including first and last names, date of death, confirmation of autopsy and the suspected cause of death.

2) The number of yearly drug tests performed on IDOC residents at SCC and the number of incidents by year where opioid reversal drugs were administered to IDOC residents.

3) Any legal agreements, statements of work and internal PowerPoint presentations signed or received by the IDOC from Talitrax, Securus Monitoring or any other service provider contracted to provide wearable electronic monitoring technologies within Idaho prisons.

All requests remained unfilled as this issue was sent to press.

***

RESOURCES FOR INCARCERATED PERSONS

Prisoner Visitation and Support is a volunteer visitation program for federal and military prisoners across the U.S., with special priority given to those on death row, in solitary confinement, serving long sentences or not receiving regular visits. PVS volunteers visit once a month with no religious or political agenda. Limited visiting for Spanish speakers. Serves federal and military prisons only.

PO BOX 58068
Philadelphia, PA 19102
215-241-7117
http://www.prisonervisitation.org

***

INMATE SERVICES AT WORK

A message from the advocate group Idaho Families for Sentencing Integrity:

Greetings,

Idaho Families for Sentencing Integrity (IFSI) is a newly formed group of committed citizens with loved ones that have been impacted by incarceration in Idaho. IFSI advocates for policy changes in Idaho that decrease incarceration, reduce recidivism, and improve Idaho’s justice system–particularly for those with substance use disorders. Please join us to become a part of the solution to a problem that affects so many Idahoans.

If you, your family or a loved one has been impacted by the criminal justice system in Idaho, PLEASE take a moment to participate in this brief survey at https://TinyUrl.com/IdReformSurvey. We are in the beginning stages of collecting data from citizens who want to see changes in Idaho’s criminal justice system. As we organize our citizens group we will need information from Idahoans who are willing to work for a change. Please feel free to pass this message and survey on to anyone you know who might have an interest in getting involved in making change happen in Idaho.

“Never doubt that a small group of thoughtful citizens can change the world. It is the only thing that ever has.” — Margaret Mead

Thanks!

[Note from Patrick: Please complete the survey by Sept. 1, 2024.]

***

SUGGESTION BOX

I suggest a no-holds-barred dodgeball tournament between teams of staff and admins.

***

Shout out to everyone following Aww Snap! News @ThePrisonDude on TikTok!

“White Flag”
— Joseph

Next: First Amend This! An IDOC Newsletter, Sept. ’24

From the advocate group Idaho Families for Sentencing Integrity:

Greetings,

Idaho Families for Sentencing Integrity (IFSI) is a newly formed group of committed citizens with loved ones that have been impacted by incarceration in Idaho. IFSI advocates for policy changes in Idaho that decrease incarceration, reduce recidivism, and improve Idaho’s justice system–particularly for those with substance use disorders. Please join us to become a part of the solution to a problem that affects so many Idahoans.

If you, your family or a loved one has been impacted by the criminal justice system in Idaho, PLEASE take a moment to participate in this brief survey at https://TinyUrl.com/IdReformSurvey. We are in the beginning stages of collecting data from citizens who want to see changes in Idaho’s criminal justice system. As we organize our citizens group we will need information from Idahoans who are willing to work for a change. Please feel free to pass this message and survey on to anyone you know who might have an interest in getting involved in making change happen in Idaho.

“Never doubt that a small group of thoughtful citizens can change the world. It is the only thing that ever has.” — Margaret Mead

Thanks!

[Note from Patrick: Please complete the survey by Sept. 1, 2024.]

Previous: First Amend This! An IDOC Newsletter, June ’24

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.

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.

***

EDITOR’S NOTE

In this issue:

State and prison officials prepare for a cockfight in federal court; Idaho’s death row population increases by one; Thomas Creech interviews with local and national news outlets; attorney for IMSI resident claims IDOC retaliated in response to press attention; how Hawaii corrections handled Keefe commissary price increases at a contract facility shared with Idaho; and a new nonprofit supports local journalists’ right to analyze public records.

Let’s First Amend This!

***

FEDERAL JUDGE TO DECIDE IF IDAHO HAS A VAGINA PROBLEM

The ACLU on June 28 filed a federal lawsuit in Idaho District Court against state and prison officials and Centurion Health, the health care provider for Idaho prisons, on behalf of three incarcerated transgender women over a new state law that prevents public entities from facilitating gender-affirming care.

House Bill 668, passed earlier this year by Idaho lawmakers, prohibits public funds and state property from being used to provide gender-affirming care to anyone–including government employees on state health insurance–diagnosed with gender dysphoria.

According to the Idaho Statesman, government employees who violate the law could be charged with misusing public funds and face up to a $10,000 fine and 14 years in prison.

The three plaintiffs in the lawsuit are listed anonymously as Jane Roe, Jane Doe and Jane Poe.

Idaho Capital Sun reporter Mia Maldonado writes that the ACLU intended for them to represent “all people in Idaho correctional facilities who are or will be diagnosed with gender dysphoria who would normally receive hormone therapy without House Bill 668 taking effect.” But Judge David Nye denied the ACLU’s request to incorporate all yet-to-be-identified individuals who stand to be impacted by the bill as plaintiffs in the case.

Court filings claim that the bill violates the plaintiffs constitutional right to remain free from cruel and unusual punishment because they rely on Idaho prisons to provide them with health care services

In 2017, former IDOC resident Adree Edmo similarly sued the department and its medial provider, then Corizon Health, for refusing to treat her gender dysphoria with a physician-recommended gender-confirmation surgery.

The state and Corizon together racked up more than $3,000,000 in legal fees and expenses fighting a losing battle against a roughly $75,000 surgery that was covered by insurance.

Edmo was eventually awarded the surgery and transferred to a women’s prison, from where she was later released.

According to the national ACLU, the new Idaho bill is just one of 527 anti-trans bills considered by state legislators in 2024.

Sources: Andru Zodrow, “ACLU of Idaho Challenges Gender Affirming Healthcare Restrictions,” KHQ.com. Mia Maldonado, “Idaho Officials Sued by Inmates Over Law Blocking Public Funds for Gender Care,” Idaho Capital Sun. Alex Brizee, Ian Max Stevenson, “3 Idaho Transgender Prisoners Sue Over Medical Care. They Can Get Treatment for Now,” Idaho Statesman. Mia Maldonadao, “ACLU of Idaho Asks Federal Judge to Halt Law Banning Gender Care for Those in Prison,” Idaho Capital Sun . Patrick Irving, “Former IDOC Healthcare Provider Changes Its Name and Files For Bankruptcy,” First Amend This!, June ’23. Betsy Russell, “US Supreme Court Rejects Idaho’s Appeal in Transgender Inmate Surgery Case,” Idaho Press.

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WEEK TWO, DAY SEVEN BREAKFAST (MAINLINE)

[Fruit and whole grain bread is substituted at facilities flagged for excessively brewing alcohol.]
______________________________
1/2 cup — Scrambled Eggs
1 cup — Oatmeal
1 cup — Hash Browns
8 oz — Milk 1%
10 gm — Margarine
2 pkt — Sugar
8 oz — Vitamin Beverage
————————————————

Source: IDOC Food Service Menu 7.1

***

IDAHO’S DEATH ROW POPULATION INCREASES BY ONE

Doomsday author and self-proclaimed messiah Chad Daybell was sentenced last month to death after being found guilty of killing his first wife and two stepchildren from his second wife.

Boise’s KTVB news spoke to members of the jury about how they processed what was described throughout the trial as extremely graphic evidence, and how they together concluded that Daybell deserved to be sentenced death.

“I got very angry,” Juror #11 told Boise’s KTVB News. “Especially the more you heard, the evidence of what emails he sent, what text he sent, what he said about children that weren’t even his . . . that he needed to raise the pain and turn up the dark. And it was like, this is unbelievable that this person is that much of a narcissist to think he was the Holy Ghost–that he was the right hand of God.”

“One of the jurors said she was disappointed Daybell did not plea for his life during the sentencing phase,” KTVB reported. “Another said the defense was given every opportunity to try and convince jurors to give him life in prison instead.”

Daybell has since been transferred into IDOC custody and placed on death row at the Idaho Maximum Security Institution.

KTVB says the state will reimburse jury members who require counseling services.

Source: KTVB staff, “The Whole Thing Was Beyond Horrific’: Chad Daybell Jurors Reflect on Triple Murder Trial,” KTVB.com.

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WEEK TWO, DAY SEVEN LUNCH (MAINLINE)

[Fruit and whole grain bread is substituted at facilities flagged for excessively brewing alcohol.]
______________________________
1 ea — Fresh Fruit/ Banana
1 1/2 oz — Peanut Butter
1/2 oz — Jelly
2 oz — Wholegrain Bread
1 pc — Weekend Oat Bar
————————————————

Source: IDOC Food Service Menu 7.1

***

THOMAS CREECH INTERVIEWS WITH THE NEW YORK TIMES AND BOISE’S KTVB NEWS

As Idaho’s longest-standing death row resident, a serial killer by FBI standards and the state’s only condemned prisoner to survive an execution attempt, Thomas Creech possesses insight that few people ever will.

The 73-year-old last month spoke to Boise’s KTVB News and The New York Times about the events leading up February’s failed lethal injection attempt and how his life has changed during his five decades in prison.

KTVB also spoke to family members of Creech’s victims, who candidly shared how they feel knowing he’s still alive.

Watch: Morgan Romero, “Idaho Death Row Inmate Thomas Creech Reflects On Failed Execution, Family of Victim Speaks Out for First Time,” KTVB.com.

Read: Nicholas Bogel-Burroughs, “A Death Row Prisoner Tells of Living Through a Botched Execution,” New York Times.

***

WEEK TWO, DAY SEVEN DINNER (MAINLINE)

[Fruit and whole grain bread is substituted at facilities flagged for excessively brewing alcohol.]
______________________________
1.25 cup — Ham and Scalloped Potatoes
1 cup — Garden Salad #3
1 oz — French Dressing
1/2 cup — Fruit Crisp
2 oz — Whole Bread
10 gm — Margarine
8 oz — Vitamin Beverage
————————————————

Click here for video.

Source: IDOC Food Service Menu 7.1

***

HOW IDAHO RANKS AMONG STATES THAT KILL AS PUNISHMENT

Number of states where the death penalty is legal: 27
Number of people now on Idaho’s death row: 9
Number of execution methods legal in Idaho: 2
Average number of years a person waits on Idaho’s death row to be executed: 27
Number of people executed by Idaho since 1976: 3
Number of states who have executed fewer people than Idaho since 1976: 3

State with most per capita executions since 1976: Oklahoma, 124
Number of people executed by Texas since 1976: 580
Factor by which California’s population surpasses Idaho’s: 21
Factor by which California’s death row population surpasses Idaho’s: 80

Sources: Dakin Andone, “What to Know About Idaho’s Death Penalty After Chad Daybell Was Sentenced to Death,” CNN. Nate Eaton, “A Closer Look at Why It Takes So Long To Execute Someone in Idaho,” EastIdahoNews.com.

***

ATTORNEY CLAIMS IDOC RETALIATED AGAINST HER CLIENT, SEEKS TO DISMISS CRIMINAL CHARGES FILED FOLLOWING PRESS ATTENTION

Seven weeks after the Idaho Statesman covered the story of how the IDOC and its medical provider, Centurion Health, refused to schedule IMSI resident Bobby Templin the surgery required to mend his broken hand, the Ada County Sheriffs Office stepped in with criminal charges.

Unfortunately for Templin, it was he who was criminally charged.

Templin’s trouble stems from a chaotic January 2023 incident that involved more than a dozen Idaho State Correctional Center residents and was seemingly forgotten about until the Statesman story ran.

Attorney Mike French, who represents Templin, has since filed a motion to dismiss all charges, claiming that the IDOC pressed its law enforcement partners to single him out in an act of retaliation.

Click to read Statesman reporter Nicole Blanchard’s story “Idaho Prisoner Says IDOC Retaliated After He Dare Speak Out About Broken Hand.”

***

HAWAII CORRECTIONS INVESTIGATES KEEFE COMMISSARY PRICE HIKES AT IDAHO CONTRACT FACILITY

Honolulu Civil Beat reporter Kevin Dayton last month covered the story of how Hawaii’s prisoners housed at Saguaro Correctional Center (SCC) in Eloy, Ariz. were recently subjected to Keefe Commissary price increases that reached upwards of 300%.

SCC is a CoreCivic contract facility where Idaho, Hawaii and Montana currently house their prison overflow. Commissary prices at the facility differ by population.

Hawaii Department of Correction and Rehabilitation (HDCR) director Tommy Johnson said in a Hawaii Correctional Oversight Commission hearing that his department, after investigating the price increases, worked with Keefe to lower its rates for the facility’s Hawaiian residents.

“For items where the price increases were 200% or 300%, they found substitutable items that cost less that are now going to be on the menu,” Johnson said. “For those items where they could not find a replacement that cost less, we take them off the list altogether.”

Johnson also said that the number of prisoner complaints dwindled following HDCR’s involvement.

According to Dayton, Hawaii corrections generally caps Keefe’s commissary markups in state facilities at 10% plus delivery and storage fees.

A resident who recently returned from SCC told me under the condition of anonymity that Keefe appears to be marking up the items most frequently purchased by each DOC population. He said that residents of the facility have responded to the company’s tactics by placing orders on one another’s behalf at the cheapest available prices.

Source: Kevin Dayton, “Prices Have Abruptly Skyrocketed at the Arizona Prison that Houses Many Hawaii Inmates,” Civilbeat.org.

***

IDAHO FIRST AMENDMENT ALLIANCE SUPPORTS (SOME) JOURNALISTS’ RIGHT TO INSPECT PUBLIC RECORDS

Melissa Davlin, the Idaho Press Club president and lead producer for Idaho Reports, recently launched a nonprofit organization designed to protect local journalists’ right to inspect public records.

The organization is called the Idaho First Amendment Alliance. Idaho Capital Sun reporter Mia Maldonado writes that its aim is “to provide funding for training, workshops, and court fees for Idaho journalists challenging a public agency’s lack of transparency.”

Longtime Gem State reporters say that inconsistent understandings of law, understaffing and memory problems can all factor in to a public agency’s inability to meet public records requirements.

After sharing in last month’s newsletter how the IDOC refused my public records request for information on its proposed opioid abuse medication pilot program, I sent Davlin copies of the requests and refusals, along with a heartfelt thanks for supporting us Idaho journalists in our shared effort to ensure government transparency.

Davlin and the alliance have yet to respond.

Source: Idaho Capital Sun, “Idaho Journalists Launch Nonprofit to Promote Government Transparency,” Mia Maldonado.

***

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, 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.

6.1.24. Mike Perry firmly believes that listening to people in recovery to understand what works best for them is an art form. He shares how his past experiences informed his work as a St. Vincent de Paul recovery coach, and why he has decided to move on from the job.

6.8.24. Kimbra Shaw is the interim director for RO116, an investment group that gathers to fund local gospel spreading strategies. Shaw discusses the how the organization has helped start-up ministries prosper through its local, annual event.

6.22.24. Certified drug and alcohol counselors Jenivee Hardcastle and Dray Markovetz from Idaho’s District 4 Probation and Parole talk addiction recovery and the importance of wraparound services.

Contact Mr. Renick at 208-477-1006 or  visit https://www.svdpid.org for more information on reentry resources in Southwestern Idaho.

***

RECENTLY ACKNOWLEDGED

CO class 6.24. Mackenzie Caron with Top of Class Award; Naomi Merrit with Tactical Edge Award; Chris Akerman with Top Instructor Award.

The 2024 class of GED graduates of the Robert Janss School at ISCI. Click here for video.

Idaho Correctional Institution-Orofino technical records specialist Dove Eller with Employee of the Quarter.

Nampa Community Reentry Center residents for donating $1,400 worth of bikes and Helmets to the Boys and Girls Club.

Source: Idaho Department of Correction on Facebook

***

RESIDENT AUDITING 101

The number of suspected drug overdoses in Idaho prisons that were treated with opioid reversal drugs in 2023:

North Idaho Correctional Institution: 1
South Idaho Correctional Institution: 2
Idaho State Correctional Center: 2
Idaho State Correctional Institution: 3
Idaho Maximum Security Institution: 10

Yearly commissions payments from Keefe Commissary Network to the IDOC:

Calendar Year 2021: $ 3,097,218.54
Calendar Year 2022: $ 3,929,731.20
Calendar Year 2023: $ 3,965,638.89

Yearly commission payments from IC Solutions to the IDOC:

Calendar Year 2021: $ 1,534,536.77
Calendar Year 2022: $ 1,537,505.20
Calendar Year 2023: $ 1,435,324.45

Sources: Public records requests submitted by the Resident Auditing Committee to the IDOC .

***

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. Send all requests to:

Level
411 W. Monroe
St. Austin, TX 78704
https://learnlevel.org

***

INMATE SERVICES AT WORK

[Sent June 21 over JPay to a person investigating the impact of House Bill 668.]

Here’s one more for you: [redacted for privacy]. We’re a little worried about her because she’s a cutter. She quit her job a couple weeks ago to be moved to a unit where she’ll have more support when they withdraw her medications. I interviewed her last year for a story on the need for trauma-informed care in prisons that I never finished. She won’t mind me sharing this with you. She gets out soon, which means that she will be struggling to transition into the community while abruptly adapting to the change in her hormone regimen. She’s not been on the therapy for long, maybe since November. About the same time that she came out as transgender to her family. It’s a recipe for disaster.

Tell her that I referred you with her situation and I’m sure she’ll be happy to chat.

***

SUGGESTION BOX

I suggest you not throw Kevin in the hole when his mom flies in to visit.

***

Shout out to Julia Piaskowski with Idahoprisonproject.org!

“Such Great Heights”
— The Postal Service

Next: First Amend This! An IDOC Newsletter, Aug. ’24

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.

***

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!

***

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.

***

WEEK TWO, DAY SIX BREAKFAST (MAINLINE)

[Fruit and whole grain bread may be substituted at facilities flagged for excessively brewing alcohol.]

______________________________
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
————————————————

Source: IDOC Food Service Menu 7.1

***

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.

***

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
————————————————

Source: IDOC Food Service Menu 7.1

***

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

***

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
————————————————

Click here for video of the Justice Alito Burrito.

Source: IDOC Food Service Menu 7.1

***

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

***

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.

***

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.”

***

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.

***

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

***

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.

***

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.

***

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.

1) “Idaho refuses to disclose spending proposals/pilot programs for Idaho Opioid Settlement funds” — bookofirving82431.com.

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

***

SUGGESTION BOX

Call your ma and grandma.

***

Shout out to my big fathead brother at Space-X!

“Overlord”
— Irving Force

Next: First Amend This! An IDOC Newsletter, July ’24