Rapper in Sing Sing Made 3 Escape Tries
Testimony of Richard Harcrow, President
Statement From NYSCOPBA in Response to DOCS' Prison Downsizing Plan:
Remarks of Richard Harcrow, NYSCOPBA President, January 13, 2004
Inmate Assaults Cause Concern
Inmate gets 2 terms for fighting guards
Prison Guards Charged with Felony Fraud
Corrections officers accused of putting in for fake sick time
PRISON GUARD BUSTED IN BRONX RAPE
Killers' escape from Elmira prison blamed on breakdown in security
Report cites lax security, `complacency' in Elmira prison break
State sets timetable for Elmira prison fence
AX MURDERER READY TO PUT 4 DETECTIVES ON THE BLOCK
Fewer Inmates But More State Jail OT
Attack by prison inmate puts officer in hospital
Green Haven guard stabbed 3 times, burned; inmate suspected
A 27-year-old state prisoner was arrested for beating a correctionofficer
State prisoner was arrested for beating a correction officer
Health Care in New York State Prisons
'FATAL' PRISON AFFAIR

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WHITE PLAINS, N.Y. (AP) - An imprisoned rapper at Sing Sing used his three girlfriends - including a guard - to help him in three failed escapes from the fortress-like prison, prosecutors said Tuesday.

The alleged mastermind, Nicholas Zimmerman, is serving a 15-year sentence for criminal possession of a weapon and other charges. He was known as Puzz Pachino on his CD titled ``New York's illest.''

"My understanding of Zimmerman is he was a very charismatic guy who was able to get people to do things for him,'' District Attorney Jeanine Pirro said.

In a first attempt April 24, a woman and man dressed as guards flashed fake IDs and carried two handguns and guards' uniforms past security and up to the second floor - but the woman suffered a ``panic attack'' and the escape attempt was aborted, Pirro said.

The second try was foiled May 6 when the plotters arrived too late to take advantage of the guards' shift change.

The third attempt May 7 led to the arrests when one man, claiming to be a freshly transferred guard, was stopped at the entrance and fled, leaving behind an ID.

At a news conference, Pirro displayed fake IDs, prison guard uniforms and badges and wigs.

Zimmerman, 27, and the second inmate were both charged with attempted escape. The rapper's girlfriends - including guard Quangtrice Wilson, 31 - were charged with promoting contraband, along with two other men arrested in the scheme. A third man is a fugitive. Wilson was also charged with bribe receiving for allegedly accepting several thousand dollars to provide information including shift changes and prison layout.

"Mr. Zimmerman has faith in the legal system and would not resort to these methods,'' said Zimmerman's lawyer, Ron Kuby.

Pirro said the schemes illustrate security problems at the famed prison in Ossining. A spokesman for the correction department said security changes have since been made at prisons statewide.

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Good morning Chairman Johnson, Chairman Farrell and members of the Legislature.

My name is Richard Harcrow and I am the President of the New York State Correctional Officers and Police Benevolent Association (NYSCOPBA). NYSCOPBA represents over 23,000 critical law enforcement personnel including correction officers and correctional sergeants who provide the security and ensure the safety of our prisons. We also represent the Security Hospital Treatment Assistants (SHTA's) and Security Safety Officers (SSO's) who provide the security and maintain the safety of our state mental health institutions, and Security Services Assistants (SSAs) who provide security at state facilities on a multi-agency level, among other titles.

Thank you for providing NYSCOPBA the opportunity to address your Committees today about the issues affecting the operation of New York's prison system.

As you are now aware, DOCS just announced that it plans to close three correctional facilities and to begin the redeployment of 281 correction officers immediately, with another 149 officers during the next fiscal year. In total, 430 officers will be affected.

These proposed changes will significantly impact the operation of the entire prison system. Prior to it public announcement to the news media, there was no discussion with the unions about the development and impacts of these proposed changes upon the systems or our members, nor was there any advance warning that might have allowed for an opportunity for an open and intelligent discussion to seek alternative solutions.

If implemented, these closures and staff redeployments will affect the operation of the entire prison system, will disrupt hundreds of correction officers, their families, and negatively impact many, many communities throughout our state. These proposed changes must be carefully examined with all the impacts evaluated before they are implemented.

To move ahead without this knowledge would be shortsighted and dangerous. I would like to direct my concerns to the following points:

First and foremost, NYSCOPBA's primary concern has always been, and continues to be, maintaining the highest level of safety and security for our members, other staff, inmates and the entire New York State prison system.

Safety relates directly to the number of correctional staff that are available to supervise the inmate population. While DOCS is quick to point out that the prison system is "adequately staffed" by using an arbitrary staffing ratio of three (3) inmates to one (1) officer, and contends the system has "never been safer", NYSCOPBA believes the prison system is woefully understaffed, which continues to jeopardize the safety and security of our officers, other staff, inmates and civilians.

The proposed closures and redeployment of staff will not solve these staffing problems and will instead create other problems with regard to the safe operation of the prison system.

DOCS calculations of 3 inmates to every 1 officer is arrived at by counting EVERY officer - those on duty, off duty and in their homes, those on sick and disability leave or vacation. Understand that while inmates are inside the walls 24/7, not all officers are inside 24/7 and 365 days a year. To state such statistically is inaccurate and clearly misleading.

Taking all of this into account the real inmate to officer ratio is more accurately 1 officer to every 30 inmates or even 1 officer to every 50 inmates, as we see at many facilities.


I. STAFFING PROBLEMS:

To understand the nature and magnitude of the staffing problems that exist, it is necessary to understand how prisons are staffed (or not staffed). The first factor that is considered is the number of critical security posts that must be manned on every shift in every correctional facility. Please keep in mind that these posts are established by DOCS and not by correction officers.

Today DOCS has designated approximately 10,000 security posts. According to the plot plan (i.e. the staffing plan) established by DOCS, there should be 20,000 correction officers available to cover these 10,000 critical posts. However, based on budget constraints, and other unexplained factors the number of staff is further reduced by DOCS to a "budget fill level" (BFL) which today is 19,220. This number includes trainees who are working toward completion of the necessary training requirements but are not yet working in facilities - yes they are counting trainees not yet ready to walk into the front door of a prison and who are still in training classrooms.

Although the BFL is 19,220, the number of correction officers that are available today is only 18,848. This is 1,152 less officers than DOCS' own staffing plan requires.

In addition, the high number of officers that continue to be out on military leave, public security details and workers' compensation absences due to injuries sustained on the job, further reduces the number of officers that are available. Now I hope you see how the inadequacies of staffing occur.

NYSCOPBA has previously testified before these Committees about the staffing inadequacies that exist and why more correction officer positions are needed to bring the staffing ratios up to a more acceptable and safe level. Inadequate staffing reduces safety, and costs the State more money in the long run, not less. Even in light of DOCS' proposed change to close facilities, eliminate inmate beds and redeploy hundreds of correction officers, there will not be enough correction officers available and therefore, NYSCOPBA urges the Legislature to seriously consider providing additional funding for more correction officers positions, so the DOCS has to rely less on overtime to fill in the serious officer staffing shortfalls.

When there are not enough correction officers available to man critical security posts, two outcomes occur - 1) available officers must work overtime or 2) critical security posts are closed.

Both of these actions continue with great frequency and in our opinion are strong indicators that the prison system is not properly staffed.

Overtime, as you know, is very expensive. The amount of overtime worked by correction officers continues to reach historic levels as does the number of posts that are closed or simply go unmanned.

While some posts can be closed without causing problems, many posts cannot and should not be closed, because to do so places the entire facility at risk.

The July escapes of two dangerous inmates at the Elmira Correctional Facility illustrate my point. These escapes occurred, in part, as a direct result of DOCS' closing critical security posts.

Let me also share with you some information about what has happened in prisons throughout the State this year.

NYSCOPBA has prepared the attached booklets that document the many dangerous accidents that have occurred throughout the entire prison system. Let me highlight several:

o In June of 2003, two officers at Auburn were attacked. It was necessary for warning shots to be fired. At this same facility, eleven razors, eight knives and six ice picks were found. Imagine what can happen if the inmates had these instruments in their possession and not enough correctional staff were available to search and confiscate these dangerous weapons before these inmates were able to use them to cause serious harm.

o Just last month there was a major fight in the yard at the Washington Correctional Facility involving many inmates.

II. CLOSURE/DEPLOYMENT:

DOCS is proposing that by the end of this fiscal year - a short 8 weeks away, that 226 uniformed staff will be redeployed from the six facilities where they are now working (e.g., Cape Vincent, Watertown, Riverview, Orleans, Collins and Marcy) and moved to other prisons throughout the State.

In addition, DOCS has proposed the closure of Camp Pharsalia, Fulton and the camp at McGregor, impacting an additional 204 officers. In total, nearly 450 correction officers will be impacted. While DOCS would like you to believe that these closures and staff redeployment are a simple solution to save money and will solve the staffing problems that now exist, don't be fooled.

While these officers will help to fill positions that have heretofore been vacant, these redeployments will not address the staffing problems and will trigger other changes throughout the entire prison system.
o Even with this redeployment, the number of new correction officers' positions that are needed to meet the plot plan requirements is more than 700.

o While DOCS has failed to provide us with requested information, based on the information available, it is our understanding that the officers that are being redeployed have an average of 8 years of service working for the Department. These are experienced officers that will be transferred out of these facilities.

At Mt. McGregor, for example, all officers impacted have between 10 and 17 years of experience. There is not one officer with less than 10 years of experience.

o NYSCOPBA was shocked to hear of these proposed changes and was not consulted, nor given any advance notice. These proposed changes will be implemented immediately, seriously disrupting officers, their families, the operation of facilities they are leaving and the communities in which these facilities are located. As the front line staff responsible for the safety and security of the entire prison system including staff and civilians, we are outraged and deeply concerned that we were not consulted in this decision-making process to aid the department in identifying other alternative solutions. I would like to reiterate NYSCOPBA's strong opposition to this proposal and urge you to quickly pass legislation that will forestall the actions of DOCS and protect the employees impacted. These legislative proposals include:

o Closure Legislation: This legislation (S.5463-B/A.8698-A) was introduced last session at the request of NYSCOPBA and amends the Correction Law to require 12 months notice prior to the closure of a correctional facility, a facility annex or a designated housing unit. A similar notice requirement currently exists for certain facilities operated and maintained by the Office of Mental Health. The enactment of this proposal would prevent the state from effectuating any closure or significant downsizing without adhering to the notice provisions in the legislation.

o Relocation Allowance for Affected Officers: In response to DOCS' proposed action, NYSCOPBA is seeking the introduction of legislation that would establish a relocation allowance for DOCS' employees who are reassigned to a different facility as a result of a facility closure or downsizing.

o Utilize State Facilities for Local Inmates: NYSCOPBA is pushing DOCS to extend the use of State prisons for use by local correctional facilities in the same way they are planning to negotiate a contract with the Federal Government to house federal prisoners.

o Temporary Housing Facilities Upgrade: In addition to the above proposals, NYSCOPBA will also be seeking to improve and upgrade the temporary housing accommodations for correction officers at certain DOCS facilities. The union would like your support to have language added to the 2004-05 Executive Budget that would require DOCS to use a portion of its capital improvements budget to improve the condition of these temporary housing units that are available for officers. The number of temporary housing units that are available is inadequate as evidenced by the large waiting lists that exist. In addition, many of these units have been neglected and are in need of repairs and upgrades. Again, on behalf of NYSCOPBA we look forward to working closely with you to enact these protections. This initiative would benefit officers forced to reside in temporary housing, should the proposal developed by DOCS take effect.

III. CLOSURE OF WATERTOWN SHU:

NYSCOPBA strongly objected to the closure of the nine Special Housing Unit's (SHU's) around the State last year and is strongly opposed to the closure of the Watertown SHU that is proposed in 2004-2005 Executive Budget.

Unlike maximum security facilities that have available cells to lock up disruptive and dangerous inmates, medium security facilities do not. Therefore when problems arise, SHU's serve as the major way in which to isolate the inmate (many times for his or her safety), and maintain order and safety.

Again DOCS will further erode the staff's ability to manage these inmates, in their attempts to save money at the expense of safety. This is a bad plan that should be rejected.

IV. MENTALLY ILL INMATES:

On a positive note, NYSCOPBA is interested in the proposed expansion of programs for mentally ill inmates in both the prisons and forensic mental health facilities that is proposed in the 2004-05 Executive Budget. NYSCOPBA has testified on this subject and supports in concept, the need to increase resources focused on mentally ill inmates. These inmates pose unique and challenging security concerns. We hope that this additional funding will support enhanced training opportunities for correction officers. We look forward to working with you to direct the development and implementation of these new resources.

In closing, I would once again like to thank you for providing NYSCOPBA the opportunity to discuss these very important issues with you. NYSCOPBA believes strongly that these proposed changes directly impact the safety and security of the entire prison system, affect each officer, their families and their communities.

Our concern is that DOCS' major goal in the upcoming budget is to save money at the risk of jeopardizing the safety of the prison system. Maintaining the safety and security must be our ultimate goal and the members of NYSCOPBA are anxious to work with you to achieve this mutual objective.

Thank you and I would be happy to answer any questions you have at this time or please feel free to call upon me personally to review these matters.
 

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Closing facilities should never be a budget cutting solution in a state prison system that has long exceeded its maximum capacity and currently operates at approximately 110% of inmate capacity.

Anytime something is run at 110% of its maximum capacity - an engine, a person or a prison system - very serious problems and breakdowns can arise. Given this current overcapacity, closures and cuts seem to be a very shortsighted approach to managing the demands upon this prison system.

The union intends to work through the budgetary process and, with the governor and legislature, assess the compounded problems this plan can inflict on the already overburdened New York State Prison System, and seek potential alternative solutions.

While we understand the state has a continuing budgetary shortfall that must be dealt with, these cutbacks are also a matter of serious public safety and of economic concern to the communities affected by closures and downsizing.

The union will do everything it can to limit disruption to our members, their families and communities affected by this decision.

The proposed downsizing plan by DOCS looks to reallocate some 556 total jobs -- of which 436 are uniformed correction jobs, many but not all of whom are members of the NYSCOPBA bargaining unit.
 

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As the 2003 Thanksgiving holiday was about to begin a high-level informational leak occurred of the Attica Task Force's Draft Report to the Governor.

In the January 2004 edition of DOCS Today, Commissioner Goord's Commentary article was on the subject of this leak by an anonymous source and his reasoning behind his stance on the issues reflected in that report.

Our greatest concern is not about who leaked the report, but justice for these long suffering families.

The most positive aspect of the Commissioner's commentary was his assertion that the draft report was "...a place to start discussions among task force members without anyone being committed to those initial recommendations."

Most officers see how the state deals with this situation as a barometer as to how the state would act if a similarly dangerous situation were to occur in this day and age.

These families have now gone 33 Holiday Seasons without their loved ones; 33 Holiday Seasons without an apology from the State of New York; 33 Holiday Seasons with an empty seat at the table and without justice.

Over those three plus decades the negligence harm inflicted in the retaking of Attica and its aftermath robbed these families of happiness, their legal rights and pushed them into decades of poverty.

These were and are honest, hardworking civil servants and their families.

They were not the cause of the events, but the victims.

But where is the justice for these families?

From the Draft Report it seems that the offer to the families is sadly deficient. This brings shame on the State of New York.

These families have a Five Point Plan for Justice:
1) a simple apology from the state;
2) opening of the records so the truth of what happened comes out;
3) a permanent annual memorial on the anniversary;
4) counseling for families and the victims - some of the survivors were permanently disabled and all were severely traumatized;
5) economic justice.

These fair requests must be met!

The Commissioner did indicate that he awaits the input of the legislative task force members to his draft proposal. I urge those legislators to expand the recommendations in response to the legitimate and long overdue requests of the Forgotten Victims of Attica. In his report the Commissioner has squarely put the responsibility for improvements on their shoulders to improve this report. We are hopeful and confident that they will respond to this challenge from Commissioner Goord and provide these families long overdue justice.

Thank you.

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FALLSBURG — A rash of attacks on staff at Sullivan Correctional Facility have some folks running scared.

Is It Symptomatic, Or Is It Isolated?
By Jeanne Sager

FALLSBURG — A rash of attacks on staff at Sullivan Correctional Facility have some folks running scared.

According to Ed Kasper, chief sector steward at the Fallsburg prison, there have been three separate attacks on staff members in the last two weeks – one on January 22, one on January 31 and the third as recent as last Tuesday.

Four corrections officers and a sergeant were assaulted, Kasper said, some punched in the nose or face and another scratched by an inmate with long fingernails who was able to cut through the employee’s shirt and gouge out his skin.

Two of those cases were addressed by NYS Police who were called in to investigate. According to Investigator Rick Sauer at the Liberty barracks, both are still under investigation.

But Kasper said not all cases see the light of day (Sauer was not aware of an incident on January 22, although the State Police are usually called to every problem at the prison, as it is a state agency), and it’s affecting the inmates’ attitudes about abuse of privileges.

“We have ongoing labor management in which we have expressed dissatisfaction with the disciplinary system – we feel that’s the root of the problem,” Kasper said. “When they do hearings, they send the wrong message that when you hit an officer, we slap you on the wrist.”

Kasper intimated that the lack of discipline has boosted the number of inmate assaults.

“Sullivan’s never had a problem with this,” he said. “It’s been a rash of assaults.

“The funny thing about it is it’s the older inmates who have been there for a while who are acting out,” he noted.

“They’re kind of becoming more aggressive because they know the sanctions.

“It’s scary for us,” Kasper continued. “We don’t know who is next.”

James Flateau, a spokesperson for the New York State Department of Corrections, said the recent incidents are not a sign of the usual occurrences at Sullivan.

Inmate assaults on officers since 1998 have actually gone down, he said, from 12 six years ago to nine in 2003. Total incidents at the prison are also decreasing, Flateau said, from 75 in 1998 to 54 last year.

“These numbers are well in line with other prisons,” he said. “The numbers at Sullivan are trending downward and are already lower than other [maximum security prisons].”

Those numbers, he added, come from staff reports at Sullivan Correctional.

Flateau was not aware of the incident that allegedly occurred on Jan. 22. The other two assaults are being prosecuted, he said, which will likely result in additional prison time for the convicted inmates.

An inmate who is convicted of additional charges during his or her prison stay receives a consecutive sentence, not one concurrent to the term the convict was originally sent to prison for.

Flateau said this is the modus operandi at all New York State prisons, including Sullivan Correctional.

“What else can we do?” he asked.

But the Department of Corrections is still facing a challenge from Richard Harcrow, president of the union for corrections officers.

“Our officers sometimes feel like they’re second-class citizens,” he said.

When a police officer is assaulted on the street, Harcrow said, the person responsible is prosecuted.

But Harcrow said there are still many inmate assault cases that fail to see the light of day.

“If you have a weak disciplinary system, what kind of message do you send?” he asked

“We want the department [of corrections] to be aware of this and take action.”

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By SUE BOTSFORD, Staff Writer

PLATTSBURGH — A former Clinton Correctional Facility inmate will spend the rest of his life in jail after being sentenced for assaulting two correction officers.

Clarence Adams, 34, was convicted in September after a three-day trial of assaulting the two correction officers Aug. 31, 2002.

District Attorney Richard Cantwell said Adams was confined to special housing when the assaults happened.

Adams, whom Cantwell described as more than 6 feet tall and weighing 390 pounds, was taking his one hour of exercise that is allowed daily when he struck the first officer, Salvatore Mercurio, in the face with a powerful blow.

A second officer, Chris Pecore, who came to help, was bitten on the shoulder, causing loss of flesh, cuts, bruising and swelling.

It took several officers to subdue Adams. Some of those officers suffered injuries, but the two Adams was prosecuted for attacking were the most seriously hurt, the district attorney said.

Judge Patrick R. McGill sentenced Adams to two consecutive sentences of 15 years to life.

Cantwell said that, because of the severity of the assaults, he asked that Adams be sentenced as a persistent violent felony offender.

"There aren't many cases you can ask for persistent violent felony offender" status, he said.

Cantwell said several criteria have to be met for the court to consider that status. These include that the person has been convicted of two or more violent felonies in the past 10 years and has served more than one year on each prior violent felony.

Adams is serving 16 years to life for second-degree robbery, a violent felony.

He is now serving his sentence at Southport Correctional Facility, a maximum-security prison in Pine City, Chemung County. His earliest release date from the robbery conviction is July 24, 2014.

Cantwell pointed out that Adams cannot begin serving the first of the two Clinton County sentences until he completes the robbery sentence. Then he will serve the first sentence, followed by the second sentence.

"In effect, Mr. Adams will be incarcerated the rest of his life. Sentencing an inmate to more than one life sentence serves to assure our community that the offender will not be returned to our neighborhoods, regardless of any potential for appellate release or post-incarceration change in the economy or government police," Cantwell said in a press release.

"Unprovoked attacks on correction officers cannot be tolerated."

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(February 12, 2004) - -

Five officers from the Orleans Correctional Facility find themselves on the wrong side of the law Thursday night.

Luke Moretti reports state police have charged the prison guards with felony fraud in connection with sick leave abuses.

Five Orleans Correctional officers are accused of stealing sick pay from the state using false medical releases.

Orleans County District Attorney Joseph Cardone said, "They simply filled them out with respect to false information, submitted that document to the Orleans Correctional Facility as an excuse for not appearing for work."

Authorities identify the officers as 35 year old John Piscitello, 36 year old Jeffrey Cheavacci, 42 year old George Schuster, 39 year old Jeffrey Kempisty and 39 year old Gary Peperone. All are from Erie County.

State Police investigators tell me they were first tipped off to this last month when one of the medical releases started raising questions at the correctional facility.

State Police Investigator Michael Notto said, "There was an error on one of the slips submitted by a correction officer and they called into the medical facility to confirm that the slips were legitimate. And they were informed that in fact they were not."

In one case, authorities tell me, one officer was paid 15,000 dollars for 64 illegal sick days. And say from 1998 to 2003 - the men submitted 30,000 dollars in illegal sick time using false medical releases

State Police Investigator Darryl O'Shei said, "You almost feel bad doing it because it's a police officer. On the other hand you have to say to yourself what I do something like that. It's very hard to do. It's disheartening to see."

The officers turned themselves into authorities Wednesday and were released after a court appearance in the Town of Albion.

The 30,000 dollars in question doesn't include the cost of overtime to fill those shifts. A corrections spokesman tells me the men will be suspended without pay.

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February 11, 2004, 8:38 PM EST

ALBION, N.Y. -- Five state prison guards at the Orleans Correctional Facility were charged with felonies Wednesday and suspended without pay for sick leave abuses, state officials said.

The officers were arrested after an investigation by the state police and the Department of Correctional Services, corrections spokesman James Flateau said.

The men were accused of submitting false medical documentation to conceal abuse of sick leave between 1998 and 2003 at the prison, 45 miles northeast of Buffalo. Each was charged with filing a false instrument and grand larceny, both felonies.

Flateau declined to say how much sick time or pay was involved.

All five were arraigned Wednesday before Albion Town Justice John Gavenda and released after posting $2,500 bond, he said. They are scheduled to reappear in court on Feb. 18.

Arrested were Jeffrey Cheavacci, 36; Gary J. Peperone, 39; Jeffrey Kempisty, 39; John J. Piscitello, 35; and George M. Schuster, 42. Their salaries are between $43,000 and $45,103.

In September, the superintendent of Adirondack Correctional Facility was suspended without pay by the corrections department for allegedly falsifying his time cards.

And three years ago, a state comptroller's audit examining the pay practices at that prison resulted in four guards being charged with illegally swapping shifts. They pleaded guilty to official misconduct and agreed to repay almost $141,000.

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February 29, 2004 -- A Westchester correction officer was arrested as he left work yesterday on a charge of raping and robbing a 23-year-old woman in a Bronx building earlier this month, law-enforcement sources said.

Michael Douglas, 32, a guard at the Taconic Correctional Facility in Bedford Hills, was picked up by NYPD detectives yesterday after they received an anonymous tip linking him to the Feb. 13 sexual assault, cops said.

Douglas and his cohort, Charles Oyanzabal, 37, are believed to be the men responsible for raping, sodomizing and robbing the woman in a University Heights building after meeting her at a Queens club earlier that morning, said a law-enforcement source.

After the assault, the pair ran off with the woman's ATM card and used it at least once that morning in New Jersey - giving cops a clear picture of the guard as he pilfered an unknown amount of cash from her account.

Douglas was nailed as he left the medium-security women's prison.

Oyanzabal - who works in construction and has been arrested five times, mostly on drug charges - turned himself into police at Brooklyn's 75th Precinct station house yesterday, sources said.

A lieutenant at the prison would not comment on the arrest, nor would he confirm that Douglas worked there.

Oyanzabal and Douglas, both of Woodhaven, Queens, were charged with rape, robbery and sodomy.

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ALBANY - The 2003 escape of two killers from Elmira Correctional Facility followed months of painstaking planning and work by the inmates and a "widespread breakdown" in the maximum-security prison's security system, the Department of Correctional Services determined Friday.

The escape plans of Timothy Vail and Timothy Morgan could have been exposed at several crucial points with more vigilant work by staffers, including the officers who conducted three random searches of their cell after the prisoners had already begun gouging a hole through its ceiling, a report found. Three bed checks conducted after the inmates had shimmied through the hole early on July 7, leaving dummies behind in their bunks, also failed to detect the escape, the state report found.

In addition, the inmates were able to smuggle the tools they used to bore through the 5-inch-thick, steel-reinforced concrete ceiling from a prison carpentry shop - including long screws, pieces of blades from an industrial band saw and a sledgehammer - without being searched at security checkpoints, the report from Corrections Commissioner Glenn Goord said. The inmates began digging their hole on March 7 and, according to a calendar they kept charting the progress, they broke through on June 14.

Prison officials Friday brought formal disciplinary charges against three employees: Correction Officer James Davenport, who failed to notice that dummies and not Vail and Morgan were in their bunks on the night of their escape; Correction Officer Richard Mustico, who said erroneously that he had received hourly calls from guards in other security towers the night of the escape; and Gary Silvers, a civilian vocational instructor, for a series of problems, including lax inventory control over tools and equipment in the carpentry shop.

The state will seek dismissal of the three employees. Goord's report said other staffers, supervisors and administrators must also share blame for allowing "complacency" to inhibit security at Elmira. But only the three employees were singled out for disciplinary action because they were allegedly not truthful with officials investigating the prison break, prison system spokesman James Flateau said.

Goord said the report on the Elmira prison break has prompted better security procedures at the prison, 75 miles southwest of Syracuse. It is also intended as a warning to administrators of other state prisons about the need to make sure security guidelines are being followed.

Once through the hole in their cell's ceiling, Vail and Morgan crawled down a ventilation shaft and out onto a prison roof through a grate. They used sheets tied together to crawl down the front wall of the prison, though Vail fell the last 30 feet and fractured his shoulder. The two inmates were arrested by state police in Horseheads the next day after they stole a van.

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ALBANY, N.Y. -- The 2003 escape of two killers from Elmira state prison followed months of painstaking planning and work by the inmates and a "widespread breakdown" in the maximum-security prison's security system, the Department of Correctional Services determined Friday.

The escape plans of Timothy Vail and Timothy Morgan could have been exposed at several crucial points with more vigilant work by staffers, including the officers who conducted three random searches of their cell after the prisoners had already begun gouging a hole through its ceiling, a report found. Three bed checks conducted after the inmates had shimmied through the hole early on July 7, 2003, leaving dummies behind in their bunks, also failed to detect the escape, the state report found.

In addition, the inmates were able to smuggle the tools they used to bore through the five-inch thick, steel-reinforced concrete ceiling from a prison carpentry shop _ including long screws, pieces of blades from an industrial band saw and a sledge hammer _ without being searched at security checkpoints, the report from Corrections Commissioner Glenn Goord said. The inmates began digging their hole on March 7 and, according to a calendar they kept charting the progress, they broke through on June 14.

Prison officials on Friday brought formal disciplinary charges against three employees: Correction Officer James Davenport, who failed to notice that dummies and not Vail and Morgan were in their bunks on the night of their escape; Correction Officer Richard Mustico, who said erroneously that he had received hourly calls from guards in other security towers the night of the escape; and Gary Silvers, a civilian vocational instructor, for a series of problems, including lax inventory control over tools and equipment in the carpentry shop.

The state will seek dismissal of the three employees at hearings before arbiters.

Goord's report said other staffers, supervisors and administrators must also share blame for allowing "complacency" to inhibit security at Elmira. But only the three employees were singled out for disciplinary action because they were allegedly not truthful with officials investigating the prison break, prison system spokesman James Flateau said.

"In our post-escape interrogations, there were many employees from administrators to line staff who freely admitted they had become too lax," Flateau said. "The commissioner's feeling was that a lot of this complacency was staff-wide and it would be difficult to say, `Well, you were more complacent than that guy."'

Richard Harcrow, president of the New York State Correctional Officers and Police Benevolent Association, the union representing state prison guards, blamed cost-cutting measures for the escape. He said the state has failed to adequately staff the prison or fund needed security improvements.

"It is typical of the commissioner and (the department of correctional services) to shift blame away from themselves and to the front line workers that have zero control over staffing levels, or the highly dangerous policy of closing necessary prison security posts," Harcrow said in a statement.

Goord said the report on the Elmira prison break has prompted better security procedures at the prison 75 miles southwest of Syracuse. It is also intended as a warning to administrators of other state prisons about the need to make sure security guidelines are being followed.

Once through the hole in their cell's ceiling, Vail and Morgan crawled down a ventilation shaft and out onto a prison roof through a grate. They used sheets tied together to crawl down the front wall of the prison, though Vail fell the last 30 feet and fractured his shoulder. The two inmates were arrested by state police in Horseheads the next day after they stole a van.

They were not discovered missing by guards until 6:30 a.m. on July 7, 2003, or an estimated 6{ hours after Vail and Morgan had slipped out of their cell.

The escape of Morgan and Vail was the first from the grounds of any of the state's 17 maximum-security prisons since 1994.

Prison officials released their report just after Vail, 35, was sentenced Friday in Chemung County Court to another 3{ to 7 years in prison for the breakout. He is already serving 49 years to life for murdering an eight-months pregnant woman in Broome County.

Morgan, 26, earlier got 0 to 15 years for escaping. He is serving 25 years to life for killing a cab driver in Fulton County.

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$3.3M barrier set to be in place by August 2005.

A fence will encompass the Elmira Correctional Facility by August 2005, state officials said Wednesday.

Following last summer's escape of two murderers from the prison, the Department of Correctional Services promised a new $3.3 million security fence would be erected by this spring.

Bids on the project will be due in July, said Jennifer Morris, spokeswoman for the state Office of General Services, which will oversee the fence construction. Money for the project is available in the correction department's capital fund, said state Sen. John R. Kuhl, R-Hammondsport.

Contracts to build the fence will be awarded in late August, and construction is expected to be completed by early August 2005, Morris said.

Elmira Mayor Stephen M. Hughes said Wednesday night that the timetable was welcome news.

"I'm obviously very pleased the state is going to honor a 20-year pledge to put in perimeter security, but I will continue to keep a watchful eye on the progress of these plans to ensure the location of this perimeter fence is not an affront to the neighborhood.

"We must have contact from the state and receive a full copy of their design and engineering plans for this fence so the community has the opportunity to react if it's unfavorable in any way."

If a fence had been in place last July, there would have been no way inmates Timothy A. Vail and Timothy G. Morgan could have escaped into the community, said Richard Harcrow, president of the New York State Correction Officers & Police Benevolent Association.

"In (1984) an inmate went out a front window. If you recognize there was a problem, and you would have put up that extra perimeter security, we wouldn't be having this conversation," Harcrow said.

"Most of our maximum security facilities have them. Elmira is kind of unique. It's typical of the Department of Correctional Services to look for a scapegoat and blame (the escape) on staff."

Elmira, with an inmate population of 1,851, is one of a handful of maximum-security prisons statewide with no perimeter fence, union officials said.

The union claims it has pushed the state for a security fence around the Elmira prison for 20 years.

Correctional Service Department spokesman James Flateau did not return several calls for comment this week, but the report issued by the state Friday countered the union's claim that a fence would have absolutely stopped the escape.

The security barrier correction officials discussed last summer would actually comprise two fences, razor ribbon and motion sensors between the fences. It would encircle the front of the prison and connect to a wall that encloses the back portion of the facility.

The project had been discussed for at least three years prior to last year's escape, but it was given a lower priority than needs at other prisons, Flateau said shortly after the escape.

The state would have to acquire about 12 acres from nearby Woodlawn Cemetery, which is owned by the city, to construct the fence, Hughes said. Last fall, the city granted the state permission to send land surveyors onto the cemetery property, but the city has heard nothing from the state for at least four months, Hughes said.

In the meantime, residents who live close to the prison still have mixed feelings about a new security fence. Joseph Grover of 450 Braden St. said it won't change his feeling about living close to the prison.

"I don't care one way or the other. If they escape, they aren't going to stay around," Grover said. "Why would they stick around here? It's one of the first places the cops would look. I don't really worry about it."

Morgan and Vail never got more than five miles from the prison in their escape attempt and were arrested the next day in Horseheads.

But Betty and Roger Crawley, who live in the shadow of the prison at 1861 Davis St., believe a fence should have been built a long time ago.

"I think it would do some wonders. I hope it would stop inmates from getting out," Betty Crawley said. "It's a shame it had to take another escape for them to get the idea of putting up a fence. I think they should."

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Richard Timmons took an ax and decapitated his wife and 7-year-old son, then hacked his teenage stepson to death.

Now a federal judge in Brooklyn is giving the convicted killer a whack at four NYPD homicide detectives who Timmons claims beat him up when he was arrested in 1997.

Timmons, who's serving a life term in state prison, is seeking $80 million in damages from the Police Department and Detectives Richard Sica, Robert LeDee, Dennis Bardin and Richard McCabe of the Queens homicide squad.

Yesterday, Federal Judge John Gleeson set an April 19 trial to determine whether the cops used excessive force.

Timmons argued via telephone hookup from the Clinton Correctional Facility in upstate Dannemora that the detectives went too far. "The officers continuously hit me about the face, about the body," he told Gleeson.

Timmons, 39, will represent himself at trial as he did during his criminal case - after which Queens Supreme Court Justice Robert Hanophy, called him "the most evil person to set foot in this courtroom."

The ex-subway cleaner was convicted of killing his wife, Annita Stewart; their son, Aaron, 7, and his stepson, Sharonne, 13, on June 8, 1997, in their Long Island City apartment.

Stewart's mother, who asked that her name be withheld, said she was shocked by Gleeson's ruling and defended the cops. "I love those detectives," she told the Daily News.

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Union: Sign of Short Staff

Overtime costs in the state prison system have increased by 60 percent since posts were eliminated, according to a report by the state Department of Correctional Services.

The union representing state Correction Officers asserted that the report substantiated its longstanding claims that the department is dangerously understaffed and has jeopardized prison safety by closing posts in an attempt to reduce overtime.

Must Provide Data

The report is the result of a bill passed last year, requiring the department to annually detail overtime costs and post closures, after attempts by the union to gain that information were stymied.

The report maintained that overall, "the system is managed well." It noted that on average less than 3 percent of posts - an average of 267 daily - were closed. "Three percent is certainly not a dangerous level. The posts closed do not affect the safety and security of the facilities," contended DOCS spokesman Jim Flateau.

New York State Correctional Officers and Police Benevolent Association officials disagreed. "They may say its 3 percent, but it's still significant," said NYSCOPBA staffing specialist Don Premo. "That is the same [number] of officers needed to staff an entire medium security prison."

The union acknowledged that some of the post closures did not involve security areas. "There are times when it is warranted to close a post," Mr. Premo said. "However, a large percentage of the closures are not done for lack of function; they are fiscally motivated." He added, "The short-staffing almost seems to snowball into more post closures, which makes staffing even smaller. You can't eliminate overtime, but you can address it."

An Eye-Opener'

Mr. Premo called the report on security staffing "an eye-opener" and said, "Hopefully it will give us more credibility in the future when we go down and express other staffing concerns, that maybe we know a little about what we are talking about."

The report noted, however, that the closures saved $20 million in overtime costs last year. And according to DOCS, most posts were closed to offzet staff vacancies, absences, and overtime.

An audit issued by the State Comptroller's Office cited in the report pointed out that the amount of Worker's Compensation leave taken by correction officers has increased by 37 percent over a five-year period ending in March 2002.

The audit also found that 75 percent of the claims filed by officers since 1998 were for injuries unrelated to inmate contact. Last year over 2 million staff hours were used to cover those sick-leave absences, DOCS said.

"What the Comptroller is saying is that if more officers came to work more often there would be fewer closures," Mr. Flateau charged. "The number of days of Workers' Comp is going up as the number of assaults is going down."

According to Mr. Flateau, DOCS recently announced prison colsolidation plan will allow the department to redeploy 200 officers to help eliminate vacancies and reduce overtime. The union, however, has argued that those moves will cause an undue hardship to officers and their families. "For officers facing the prospect of having to uproot their families from communities they have been an integral part of is wrong and disturbing," contended NYSCOPBA President Richard Harcorw. "The damage this can cause for the officers and their families cannot be measured."

9% Fewer Inmates

The steady increase in overtime costs comes despite a decrease in prisoners. Since 2000, the inmate population has dropped 9 percent while the work force has been reduced by 6 percent, Mr. Flateau said. But officer overtime costs have increased from roughly $36 million in fiscal year 2001 to $56 million last year.

Mr. Premo contends staffing levels are not necessarily based on inmate population. "It's also highly dependent on the physical layout of the facility," he said.

Mr. Flateau disagreed, citing several facilities that were designed for one officer to supervise 50 inmates. When inmate double-bunks were introduced, the prison sent a second officer to those areas. "In many cases we have taken down the double-bunks but we have not removed that second officer, he said.

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A state correction officer was admitted to St. Francis Hospital in Poughkeepsie last night after he was attacked by an inmate at the Green Haven Correctional Facility in Dutchess County, authorities said.

State police are investigating the attack on the officer, which happened at about 12:30 p.m. The officer, identified by a union official as a 30-year-old Columbia County man, suffered burns to his head and face when he was hit with hot cooking oil. He also was stabbed through the left arm and twice in the back with a 9½-inch sharpened steel rod, said the state Department of Correctional Services.

"He's resting now – it looks like he's going to be OK, but they're keeping him overnight for observation," said Larry Flanagan, Hudson Valley vice president for the New York State Correction Officers and Police Benevolent Association.

The inmate accused in the attack, Corey Ford, 30, is serving 12½ to 25 years for crimes that include kidnapping and attempted murder.

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GREENHAVEN -- An inmate allegedly stabbed a prison guard with a sharpened 9-inch steel rod Wednesday at the maximum-security Green Haven Correctional Facility, officials said. Corey Ford, 30, charged out of his open prison cell at the guard around 12:30 p.m., throwing a cup of hot liquid on him and stabbing him repeatedly, according to the Department of Correctional Services in Albany. The guard sounded a personal safety alarm, and three officers tackled Ford to the ground.

The guard was treated for two stab wounds in the back and one in the left arm, as well as burns on the left side of his face, officials said. The injuries are not life-threatening. Ford was moved to disciplinary housing. Besides criminal charges, he could face a 23-hour-a-day confinement.

Ford is serving 12 1/2 to 25 years for convictions for second-degree attempted murder, third-degree criminal possession of a weapon and second-degree bail jumping and second-degree kidnapping. Ford, a member of a Bronx drug ring, took part in the torture and murder of a City of Poughkeepsie man in 1994. The victim was dumped on the side of the Taconic State Parkway.

There have been 143 inmate attacks on staff in New York state prisons in the first three months year. At Green Haven, which houses 2,068 inmates, there were 37 such assaults in 2003.

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A 27-year-old state prisoner was arrested for beating a correction officer at the Arthur Kill Correctional Facility, authorities said yesterday.

Theodis Scarbbrough punched Pedro Correra in the ribs several times in the facility on Arthur Kill Road around 10:30 a.m. on April 4.

After an investigation, authorities arrested Scarbbrough on Wednesday and charged him with assault.

He was put in jail after an August 2001 weapons conviction. (m, s)

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Prisoner might receive additional time in jail for alleged attack on guard

Courts now handling cases of those charged with assaults on public employees

Friday, April 16, 2004
By AARON SMITH
ADVANCE STAFF WRITER

An inmate at the Arthur Kill Correctional Facility could have up to seven years added to his five-year sentence on charges that he assaulted a correction officer.

Theodis Scarbbrough, 27, was charged yesterday with committing this year's first inmate-on-officer assault at Arthur Kill. He is accused of punching an officer and grappling with him at the Charleston prison at 10:20 a.m. on April 9, according to the New York state Department of Correctional Services.

The officer, who was not identified, suffered bruised ribs in the attack, which occurred in the prison dormitory.

Such offenders have historically been punished in-house, but District Attorney Daniel Donovan stated recently that all attacks on public employees -- including police officers, schoolteachers and correctional officers -- will be processed as felony assaults. Gov. George Pataki also has vowed to prosecute all inmates accused of assaulting staff members.

Scarbbrough, who began serving a five-year sentence for weapons possession on August 2001, could have his sentence multiplied if he is convicted of assault.

DISCIPLINARY REPORT

The incident allegedly began when Scarbbrough began yelling at the officer, who had issued a disciplinary report against the inmate the previous day for refusing a direct order, making a threat and being "out of place," according to the state. Scarbbrough then allegedly attacked the officer.

"The inmate pushed the correctional officer and refused an order to put his hands on a bunker," said Linda Foglia, spokeswoman for the Correctional Service. "The inmate then began to attack him with his fists. He was restrained in a body hold, but the inmate was still punching. Both fell to the floor, staff arrived and the situation ended."

Providing additional details on the confrontation, a corrections union source in Albany said, "The inmate had been ordered to report to a departmental disciplinary hearing room for a previous rules and regulations infraction when he became agitated and refused to follow the order. That resulted in the confrontation."

In-house punishment for disciplinary infractions, such as the infractions committed by Scarbbrough on April 8, could include confinement in his cell for 23 hours a day, or loss of privileges such as using the telephone, making purchases from the commissary or receiving packages.

TURN TO COURTS

Even more serious infractions like assault used to be handled in-house in the prison system, but officials have recently turned to the courts to have violent inmates prosecuted.

Richard Harcrow, president of the New York State Correction Officers and Police Benevolent Association, said "correctional officers work in a very dangerous environment and can be assaulted or seriously injured at any moment while on the job. We want to be treated like any other law enforcement officers."

"The union takes every assault on staff very seriously," added Paul Mikolajczyk, southern region vice president for the union, "... and hopes that each assault on staff be prosecuted to the fullest in the courts."

There were four inmate-on-officers assaults and five inmate-on-inmate assaults at Arthur Kill last year, according to Nicholas Lyman of the state Department of Corrections.

According to this week's most recent figures, 776 inmates are housed in Arthur Kill, and 299 officers are assigned there.

Scarbbrough was charged yesterday in Stapleton Criminal Court with two counts of second-degree assault, a class D violent felony with a maximum sentence of seven years in prison, as well as third-degree assault and second-degree harassment.

Aaron Smith covers police and fire news for the Advance. He may be reached at [email protected].

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NEW YORK STATE ASSEMBLY NOTICE OF PUBLIC HEARING

Committee on Health Committee on Correction
Richard N. Gottfried Chair
Jeffrion Aubry Chair

Friday, April 30, 2004, 10:30 AM
2nd Floor Art Gallery
New York State Office Building, 163 West 125th Street
New York, NY

Subject: Health Care in New York State Prisons

Adequate health care for prison inmates is an essential component of the constitutional and public health responsibilities of the state and is good public health policy for all New Yorkers. New York State inmates suffer disproportionately from serious illness. Of the 65,800 inmates in the custody of the Department of Correctional Services (DOCS), approximately 9250 are infected with hepatitis C and more than 5,500 are HIV-infected.

Incarceration provides an occasion to test, treat and educate this population that has not had sufficient access to health care prior to incarceration, but has experienced high incidences of chronic diseases, mental illness and substance abuse problems. Each year, approximately 27,000 inmates return to the community. Providing essential medical care to these inmates is not only crucial to their well being, but also to their families, communities and the correctional staff with whom they come in contact.

Many advocates argue that health care in New York State prisons has major deficiencies, including: (a) the failure to provide inmates education about, and voluntarily testing for, chronic disease; (b) the failure to have sufficient numbers of adequately trained health professionals who have the expertise to care for the inmates with chronic diseases; (c) the failure to have access to specialists to treat these patients; (d) the failure to prescribe needed therapy for patients with chronic diseases; (e) the failure to have a chronic disease program to monitor and treat state inmates with these illnesses; (f) the failure to have an adequate quality assurance program in DOCS to monitor the care being provided; and (g) the failure to ensure continuity of care as inmate patients are transferred from one prison to another or are released to the community.

Prisons are insulated from general public scrutiny. Unlike almost all other health care providers, prison health facilities are not subject to the oversight or authority of any health agency. The NYS Department of Health (DOH) does not systematically review medical care in DOCS facilities, asserting that DOCS facilities are exempt from DOH jurisdiction under Article 28 of the Public Health Law. However, in 1992 DOH performed a limited audit of DOCS health care at twelve prisons and found significant deficiencies in care. No follow-up to that review has occurred despite the assertions in a 1994 Memorandum of Understanding between DOH and DOCS that DOH would perform additional review of DOCS health care at the original twelve facilities and at other state prisons.

Assembly Members Gottfried and Aubry have introduced bills to require DOH to review DOCS policies and practices regarding HIV/AIDS and Hepatitis C care (A. 4204; S. 1840, Mendez); to include health facilities (clinics, infirmaries, hospitals) in DOCS and local correctional facilities under Article 28 of the Public Health Law, which apply to all other hospitals and clinics (A. 3692; S. 3898, Duane); and to require the Corrections Commissioner to develop and implement programs for employees and inmates in each correctional facility to prevent the spread of sexually transmitted diseases and human immunodeficiency virus infection (A. 3940-A ; S. 2082, Duane).

Persons wishing to attend or present testimony at this hearing should complete and return the reply form as soon as possible, but no later than Friday, April 23. Testimony is by invitation only. It is important that the form be fully completed and returned so that persons may be notified in the event of emergency postponement or cancellation of the hearing.

Oral testimony will be limited to ten minutes in duration. All testimony is under oath. In preparing the order of witness, the Committee will attempt to accommodate individual requests to speak at particular times in view of special circumstances. This request should be made on the attached reply form or communicated to Committee staff as soon as possible. Ten copies of any prepared statement should be submitted at the hearing registration table.

In order to meet the need of those who may have a disability, the New York State Assembly, in accordance with its policy of non-discrimination on the basis of disability, as well as the Americans with Disabilities Act (ADA), has made its facilities and services available to all individuals with disabilities. For individuals with disabilities, accommodations will be provided, upon reasonable request, to afford such individuals access and admission to Assembly facilities and activities.

Questions regarding this hearing may be directed to Michael Rabinowitz of the Assembly Health Committee staff at 518-455-4941.

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By MURRAY WEISS and DAN MANGAN

April 19, 2004 -- EXCLUSIVE

A married state correction officer has been busted on charges of having sex with imprisoned "Fatal Attraction" killer Carolyn Warmus - who gave authorities a nearly 2-year-old semen sample she said would prove the affair, The Post has learned.

Lt. Glenn Looney, 48, of upstate Newburgh is the second correction officer in the past five years to stand accused of having sex with Warmus, 40, at the maximum-security prison for women in Bedford Hills.

State Police charged Looney last week with misdemeanor second-degree sexual abuse for allegedly having had an inappropriate and intimate relationship with an unnamed inmate.

Because of the authority that guards have, any sexual contact between them and prisoners is considered nonconsensual.

Neither police nor the state Department of Correctional Services, which also is investigating, would comment on the case or confirm the inmate was Warmus.

But sources told The Post that the prisoner was Warmus, whose jealousy- fueled shooting of a Westchester County wife sparked media comparisons with Glenn Close's paramour-obsessed character in the movie "Fatal Attraction."

Warmus is an ex-Manhattan resident serving 25 years to life for the January 1989 murder in Greenburgh of Betty Jeanne Solomon, the wife of Warmus' then-lover and fellow elementary-school teacher, Paul Solomon.

Warmus, a daughter of a multimillionaire businessman, was convicted in 1992 after a 1991 mistrial.

She recently accused Looney of having sex with her in July 2002 - while he was a supervising guard - and to back her claim, gave prison officials what she said was a sample of his semen, which she had kept refrigerated in plastic, sources said.

One source said officials believed Warmus made the accusation to keep from being transferred out of a protective unit into the prison's general population.

Looney, a 23-year department veteran, who was arraigned in a Bedford court Thursday and released on $500 bond, hung up on a Post reporter yesterday.

Looney, who earns $68,500 annually, is active in local affairs and ran as a Democrat for Newburgh's town council last year.

At Looney's arraignment, his lawyer, Michael Mazzariello, said his client was innocent and questioned

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