Inmate Dies in Solitary

[sgt.null]

Michael Anthony Kerr, Inmate With Schizophrenia, Died Of Thirst After 35 Days Of Solitary

RALEIGH, N.C. (AP) — A North Carolina inmate with mental illness who died of thirst was held in solitary confinement for 35 days and cited twice for flooding his cell, according to prison records.

Inmate Michael Anthony Kerr was found unresponsive in the back of a van March 12 after being driven three hours from Alexander Correctional Institution in Taylorsville to a mental hospital at Central Prison in Raleigh. An autopsy released earlier this week says the 54-year-old inmate, who had schizophrenia, died of dehydration. The report also said he was receiving no treatment for the symptoms of his mental illness.

A written policy at the North Carolina Department of Public Safety allows prison staff to respond to the "misuse of plumbing facilities" by turning off the water to an inmate's sink and toilet. State prison officials did not respond Friday to questions about whether water to Kerr's cell was cut off in the days before his death.

Public records released to The Associated Press show Kerr was placed in "administrative segregation" on Feb. 5. The status means an inmate is confined to a solitary cell for such reasons as "to preserve order where other methods of control have failed."

In the following weeks, records show Kerr was cited nine times by correctional officers for violating prison rules, including disobeying orders and "lock tampering." Inmates in the state prison system are often cited for lock tampering after repeatedly banging on the steel doors of their cells.

On Feb. 21 and again on Feb. 24, records show Kerr was cited for intentionally flooding his cell.

"Whenever an inmate misuses the plumbing facilities in his or her cell, the officer in charge may order that the water to the cell be cut off," according to the prison policy and procedure manual. "The water may be cut off to prevent continuation of the misconduct or damage of the facilities or other property."

The following day, Feb. 25, records show Kerr was moved to "disciplinary segregation," another form of solitary confinement employed as punishment that inmates commonly refer to as being in "The Hole."

While in disciplinary segregation, inmates are sometimes deprived of basic amenities, such as bedding and a mattress for their bunk. Food rations may also be reduced to "Nutraloaf," a hard-baked concoction containing the blended ingredients of a meal formed into a block.

In an autopsy report released Thursday, Dr. Susan E. Venuti of the North Carolina Medical Examiner's Office wrote that she was allowed to read internal prison report into Kerr's death, though she was not permitted to make a copy. Venuti wrote that the report left unanswered key questions, including when the inmate last had food and water.

Because of the lack of information, the pathologist wrote that she was unable to make a determination about whether Kerr's death from dehydration should be classified as natural, accidental or homicide.

"The nature of the dehydration, whether as a result of fluids being withheld, or the decedent's refusal of fluids, or other possible factors, is unclear," Venuti wrote. "Since the circumstances surrounding the development of dehydration leading to the death in this incarcerated adult are uncertain, the manner of death is best classified as Undetermined."

For more than six months, North Carolina prison officials say they and agents from the State Bureau of Investigation have been working to get to the bottom of why Kerr died. There has been no indication of when, or if, the results of that probe will be publicly released.

Seven employees at Alexander have either been fired or resigned through the course of the investigation, including a guard captain, nurses and a staff psychologist.

The prison system also confirmed Friday that Dr. John Carbone, the prison system's chief of psychiatry, has been reassigned to a lower level position. The agency did not respond to questions about whether Carbone's demotion is related to Kerr's care.

Records show Kerr, whose criminal record includes convictions for larceny, was sentenced in 2011 to serve 31 years as a habitual felon after being charged with illegally possessing and discharging a firearm.

North Carolina's prison system has long faced scrutiny for its treatment of inmates with chronic mental illnesses. Numerous studies have shown that long-term isolation can have severe effects on the mental well-being of inmates, especially those already suffering from psychiatric disorders.

In 1997, a federal audit of Raleigh's Central Prison followed the death of inmate Glen Mabrey, a Vietnam veteran with mental illness who died from dehydration after being held in solitary confinement. Mabrey's water had been cut off for four days after he'd intentionally flooded his cell.

[sgt.null]

I obviously don't have all the facts in this case. but I can tell you how things work here in Texas.

1) we contract out for psych care. we in security can only report behavior. if psych decides the inmate needs meds or hospitalization that is what happens. we receive whatever criminals the courts give us. our first and foremost job is security. keeping the inmates locked up. if psych fails at their job we still get blamed.

2) flooding of the cells. yes we can turn off the water from the pipe chase. we do it for shake downs as well so the inmates can't flush contraband. flooding isn't usually just water, the inmates will flood their toilets after use as well. so it is also a health concern. and safety of course. can't rush into a flooded cell without exposing the officers to harm. some units have dry cells for inmates who can't resist flooding their cells. they do receive water with their meals of course. and tea/coffee/lemonade/orange drink/fruit punch drink depending on the meal.

3) food loaf. what they call nutraloaf. we can only give food loaf when an inmate has been caught "chucking." this means they have thrown their tray or contents after an officer. (they also throw urine, blood, feces or semen at times.) they receive the food loaf on a paper tray with no utensils or cups. this goes on for seven days, three meals a day. we have recipes now for the loaf. ground beef, two different veggies and rice for lunch and dinner. oatmeal and fruit for breakfast. you make it just like a meatloaf. a dietician came up with these recipes, so they have been found to be nutritious.

4) tampering with a lock. I can tell you the reporter has this wrong. inmates do not get a case for lock tampering when banging on their doors. they get a failure to obey an order if they don't quit and if they have to be removed from their cell they get a creating a disturbance for disrupting the security of the facility. what a lock tampering charge is (and it's right in the rule books) is doing something to the lock or door to stop it from locking. you can do this by jamming something in the door or lock. paper, wood, metal, linen or clothing are the usual suspects.

5) ad seg. the hole reference is misleading. ad seg is simply another wing of the prison that is more secure. it will be behind two lock doors that have to unlocked from both sides. the inmates will be single housed instead of having a cellie. inmates have to be escorted from their cells cuffed and escorted by two officers. they are housed for 23 hours out of the day. one hour assigned for rec if allowed or showering. there is a shower schedule set up in advance for all of seg. some inmates in seg can get visits. only non-contact visits. they of course can see their lawyer as well.

not everyone in seg is there as punishment. some are pc'd (protective custody) - meaning their is some reason they need extra protection. it could be the are famous or notorious. or it could be gang related. we have some in seg that are in transition. they are going to another facility and need some temporary housing. some are in pre-trail detention.

and if the inmate had his bedding taken from him in the above story, it would be either for an escape threat / attempt or to protect him because he showed suicidal signs or attempts.

of course this is what should be happening. this is drilled into us and we have a disciplinary process to weed out those who fail to meet these standards.

for example any officer, teacher, chaplain or medical worker get turn in a sick call for an inmate. you simply get an I-60,m fill out the inmates name and number and write help on it and send it to medical. you don't have to put your name on it. I have had to do it for medical and psych reasons.

if anybody believes an inmate is being raped or bullied or extorted we initiate LE. (life endangerment) - you do this by simply finding a supervisor (anyone above a sergeant. so : lt, captain, major, assistant warden or warden) and tell them what is going on. an investigation has to start at that moment. they pull the inmate from wherever he is if you didn't bring him. then they interview him away from everybody else so he doesn't feel any pressure to lie because inmates or staff are around. then some resolution must happen. either a they find no problem or they fix the problem.

if we are found to have known of a problem and do nothing we can be charged with deliberate indifference. you do not get the lawyer that TDCJ provides it's own people. and you can go to prison.

I just wanted to clear up a few things, as most people will never know what really goes on behind the walls. and idiots who don't do their jobs color the perceptions amongst the public of those of us doing our jobs.

[SerScot]

Sgt. null,

I understand and appreciate that you and you co-workers do a difficult and often thankless job. However, in this case why are the ME's questions:

In an autopsy report released Thursday, Dr. Susan E. Venuti of the North Carolina Medical Examiner's Office wrote that she was allowed to read internal prison report into Kerr's death, though she was not permitted to make a copy. Venuti wrote that the report left unanswered key questions, including when the inmate last had food and water.

Because of the lack of information, the pathologist wrote that she was unable to make a determination about whether Kerr's death from dehydration should be classified as natural, accidental or homicide.

Difficult to answer? Is there a reasonable institutional reason for this?

[sgt.null]

unless an inmate is in solitary and under suicide watch it would be very difficult to know when they eat. we scan a card when they come through the chow hall, but that only tells you they were there. if they eat or sell it or give it away once they have their tray? no clue really.

we have the ability to force feed an inmate if they stop eating, but in 14 years on two different units I have never seen it applied. I have read that it has happened on death row.

if an inmate isn't coming out of their cell because of extortion, rape, depression? well we keep track of inmates who work on a work roster. if they don't show you are supposed to head to their cell and find out why. it is easier for a work supervisor to discover this than the c/o's on the wings, because the c/o's are assigned a different wing every day.

if the inmate doesn't go to a medical lay-in they are tracked down and compelled to go. psych is the same way.

[SerScot]

Sgt.,

The ME couldn't determine when the inmate "last had" food and water. She should be able to determine the last time he ate by examining the contents of his stomach so I suggest that, based on the Prison report, she could not determine the last time the inmate was offered food and water. If an inmate went on a hunger strike is it possible for that inmate to die because Prison officials didn't notice?

How would that not be, at a minimum, negligent on the part of the Prison?

[sgt.null]

sorry but it could happen just like that. on my small unit we have 800 in the building (near capacity) and another 280 some (out of 321 capacity) at the trusty camp.

we simply aren't set up for the kind of scrutiny that would require noting who is eating and who isn't.

when an inmate has gone on a hunger strike they have let us know in the past. I know of no inmates in my 14 years at tdcj who have willingly starved themselves to death. if they are so mentally unfit as they can't feed themselves or simply don't bother, we usually have some sort of other behavior that shows up that necessitates them going to one of the psych units. (j4 or skyview in our region.)

as anti-inmate that I am, I have helped more than a few inmates with medical issues. we had one at my last unit dying of aids or cancer who couldn't tolerate solids towards the last few weeks so I allowed him to come in after chow every day I was on and drink as much milk and/or juice that he wanted. another one on my current unit couldn't eat for days so I had to repeatedly send him to medical til they shipped him to a hospital unit where they found out he had a blockage that could have killed him.

another inmate on my current unit was having chest pains, I escorted him to medical and the nurse looked at him from 5 feet away and said he was fine. I asked her name and we she asked why I told her it was to report who cleared him in case he dropped dead later. she did an intake on him.

we in security have had many issues with the contracted medical and psych. I am not a fan of either. and regardless of my personal feelings to the animals I watch, we in grey are entrusted with their care. so it makes my blood boil when medical tries to shortcut it.