Solitary Confinement: Cries for Help and Voices of Despair from Victims’ Mothers

This blog has lately been focusing on solitary confinement of jail and prison inmates as an intolerable practice in our criminal-justice system. Solitary confinement is inhumane, unproductive as a “corrections” technique, and psychologically destructive. It must be abolished.

My mission is to encourage others who feel this way to petition their congressmen and women to initiate repeal—and to identify and support the several organizations who are already working toward this.

 

I recognize the odds against my voice making a difference. It is all too easy for anyone who’s not personally connected to a victim of “the hole” to utter tsk-tsk noises at a safe removal from Ground Zero. Neither of my schizophrenic sons was ever arrested and threatened with this living entombment. My wife and I have never had to watch helplessly as either of our boys disappeared into one of the jails around the country where this barbaric practice continues unchecked; where the mostly-young and often mentally ill inmates undergo tortures of the damned, and their mothers1 The reader will note that I write, “mothers.” The almost complete absence of fathers from this discussion or from any conversation on their offsprings’ mental illness is a phenomenon that needs further examination. And Pete Early, I am NOT looking at you! agonize while pleading in vain for justice, or at least mercy.

 

Therefore:

 

In this blog, we are going to eliminate the tsk-tsking middleman—me—and hear from a sampling of mothers at Ground Zero whom I know through correspondence. The rawness of their outrage and grief has given them a truth-telling eloquence that far surpasses anything I’ve written or will write. They speak for thousands upon thousands of similarly violated families who cannot or will not seek to make their stories public.  

 

I have edited their emails to me only lightly, for compression and clarity. I have included the identities of two mothers, who have given me their permission. One is Jennifer Tirkot of Coral Gables, Florida. The other is Kimberlee Cooper West, of Fruitport, Michigan.

 

We will begin with some brief entries from a blog kept over several years on a private site by Jennifer Tirkot. Ms. Tirkot’s epic struggle with the state’s corrections system on behalf of her brain-disordered son John far exceed the damage he has endured during several stretches of solitary. I am planning to devote a future blog to her nearly unthinkable plight. Pete Early has also written about Ms. Tirkot: http://www.peteearley.com/2017/02/06/mother-repeatedly-tries-to-get-her-psychotic-son-help-instead-he-beats-her-and-is-arrested-twice/

 

Entry No. 1: I wrote my son’s story to have him taken out of solitary confinement and transferred to the state psychiatric hospital. This is his 2nd incarceration in 2 years for having a brain disorder. The last time he was incarcerated for hitting a police officer and EMT worker. They were Baker Acting him for his psychosis when he hit them. They transferred him to jail and locked him away in solitary confinement for 10 months. I had no choice but to share my story with the world. Pete Earley is publishing it. My son spent last Christmas and this Christmas in solitary confinement for having a brain disorder.  That’s what we do now.  We lock them in solitary confinement in jails/prisons and refuse to medicate them. 

Entry No. 2: I would like to sue the State of Florida for over wait times for competency restoration. My son suffers from schizophrenia, schizoaffective disorder, personality disorder, bipolar, depression, and anxiety. He’s been in jail for over 7 months without medication.

Entry No. 3: He’s severely depressed and they are not treating his depression. Plus, his hands are all scared and his knuckles are red. I asked him what happened to his hands and he said he’s been hitting his cell wall to punish himself for hitting the patient. After 72 days in solitary confinement, he developed Bell’s Palsy, where the left side of his face became paralyzed. He refused medication for it because he said God was punishing him for hitting the patient. The left side of his face is now paralyzed. He’s been without medication to treat his schizophrenia, schizoaffective disorder, personality disorder, bipolar, depression, and anxiety for over 7 months. I’ve been told by Elaine, head of DCF Forensic Hospitals, they can hold him incompetent without medication up to five years.

Entry No. 4 (dated July 21 of this year): Today is my son’s birthday…he’s in solitary confinement for having a brain disorder and the State of Florida didn’t take my “Do Not Release” letter seriously sent to Brevard County Circles of Care psychiatric care unit. I can never imagine crying anymore..but…I cry in my sleep, I cry when I wake up, and when I think I can’t cry anymore…I can’t stop crying…Happy Birthday to my loving son…

 

 

This mother, whose tragedy I mention in NO ONE CARES ABOUT CRAZY PEOPLE, posted briefly, and searingly, on a private site:

October 22, 2014 Josh died alone in a jail cell. My 39-year-old son killed himself today. Josh hung himself in a solitary confinement cell in a prison south of St. Louis, Missouri. He died alone, afraid, and powerless. Josh needed help. Instead, he got punishment. Like all mothers, I had dreams for my children — dreams that didn’t include mental illness or prison.

 

I have written before of the nearly inhuman outrages, including solitary confinement, visited on Kimberlee Cooper West’s mentally ill adopted son Tyler, who still awaits trial on a minor charge after being incarcerated last February (!) Kimberlee has bravely encouraged me to tell Tyler’s story, with identification, and she has plunged into research regarding the lingering psychic damage of solitary confinement, which I will draw upon in a future blog.

 

Here is Kimberlee’s latest message to me:

 

Hello Ron. We as a society have to look at Solitary Confinement honestly. The studies have shown high recidivism rates. The psychological effects last a life time. Is that a healthy thing for society?  During solitary confinement, Ty called home dozens of times a day. He was screaming, crying, begging, for our help. He asked what is going on?  Please come pick him up. By this point he was further into his psychosis. He did not understand why he was there. He was suicidal, banging his head against the wall. No one intervened. He did not understand what was happening. There were times they forgot about him. Times he was not fed.

 

Four separate times our son was sent to solitary confinement. It was not because he was a bad kid. He has a serious mental disorder and is also autistic. The jail staff did not know what to do with him. He needed a hospital. They stopped all his antipsychotics cold turkey. This can lead to convulsions, And death. The medication insert warns “Do not stop medication abruptly.” Ty said “My insides and body are uncontrollably shaking.” He said “It feels like I have the flu. It feels like I’m dying. Mommy, I can’t breathe in here.” He has moderate COPD, from his reflux and dysphagia.

 

Why do they put people in solitary with breathing problems? Health problems are not considered. If they live or die, no one cares about inmates. The Jails are short on staff, so they forget about these people. They use their own formulary of a cheaper antipsychotic.  They waited many days before prescribing antipsychotics. CMH [Community Mental Health] decides when they are released. Social workers and case managers, are not doctors. CMH is not there weekends or holidays. This prolongs an inmate’s time in solitary. 

 

Muskegon County Jail has a doctor only on Fridays. They save money by not using doctors. Nurses take the place of doctors. So many inmates will confess to anything to end solitary confinement. Guilty or innocent, it does not matter. Research has shown that autistic people do not benefit from solitary confinement. Yet I know several who are in solitary. It can cause lifelong problems for the autistic. Our son has the maturity of a 12 year old. He has never hurt anyone. Now he has trauma to add to his list of disabilities. Jail staff do not consider these mitigating circumstances. There still are no laws on the books to protect our autistic and mentally ill kids. Ty has experienced delusions and has been in a fog.

 

Solitary accelerated our son’s mental illness. From there on we were on a downward spiral. . . Our independent forensic psychologist has described Ty as in acute turmoil, in a hypomanic state with major depression and diminished coping mechanisms. . . 

 

[The idea of solitary is] to “teach a lesson.” That I challenge. How does that work if someone has an adolescent brain, is mentally unstable or withdrawing from drugs? . . . If I locked my teenage son in his room and tased him I would go to jail. If it is not o.k. for me to do it, then why can they? . . .

 

We unconsciously assume that those thrown into solitary confinement are exclusively men. This letter, from the mother of an adopted daughter, attests otherwise:

 

[Our daughter] has been in solitary confinement several times in NYC and another urban area. One time, she was merely transferred and they automatically put her in solitary for 3 weeks. We got to visit her once for 1 hour. We drove 5 hours to get there. Most depressing visit I can recall. All metal, no touching, no hugging or human tenderness allowed.

When people do not “jump” as requested, they put you in solitary to “teach you a lesson,” as they have told her many times. You get 1 free hour per day, to shower, but that is it. No calls either. Just letters. That is the only form of communication. Another interesting fact is that many, many, many prisoners are adoptees. Many of them have mental health issues, but instead of dealing with that outside the system, thy are remanded to jail/prison. [Our daughter] spent over 2 years in federal prison and is now in a county jail, awaiting sentencing. She is hoping to get out in a month or so. But then she will serve 1.5-3 years on federal probation. If that gets violated, they frequently use it as a means to “throw you” back into prison.

The criminal “injustice” system is a travesty in its present state. I say, “tear it apart and start all over again,” building a system that treats those with medical and/or mental health issues as human beings first, and criminals last. Criminals are not born. They merely took a wrong turn. I do not believe they should be punished for life and/or altered immeasurably. Climbing out of the “hole” society has created for troubled souls is fraught with hazards, roadblocks, and generally impassable terrain.

 

I will be posting more parents’ testimonies regarding solitary confinement as time goes on. I welcome any repostings of this that readers care to make.

 

Two Police Officers Are Charged in Assault of Mentally Ill Man

“After Mr. Bear-heels’s death, the Omaha police chief, Todd Schmaderer, said that the department had “failed” and that officers would receive additional training. A police spokesman said on Wednesday that the chief was not available to comment.”–The New York Times

Or as Bob Dylan put it in the last line of “Oxford Town”: “Somebody better ‘vestigate soon.”

Thanks to Dj Jaffe for originally posting this.

via The New York Times

Photo

Ryan McClarty, left, and Scotty Payne, former Omaha police officers, were charged. CreditOmaha Police Department

Two former police officers in Nebraska were charged with assault after beating and using a Taser on a mentally ill man as they tried to take him into custody for “erratic behavior” in Omaha last month, an official said on Wednesday. The man later died.

The Douglas County attorney, Donald W. Kleine, said in a televised news conference that Scotty Payne, a five-year veteran, faces charges of felony second-degree assault for repeatedly shocking the man, Zachary Bear-heels, 29, with a Taser on June 5.

Ryan McClarty, who has been on the force for two years, was charged with misdemeanor assault for punching Mr. Bear-heels, Mr. Kleine said.

“Zachary Bear-heels had committed no crime,” Mr. Kleine said. “He was simply a human being suffering from severe mental illness that was quite obvious to anyone who was in contact with him.”

Asked why the former officers had not been charged with murder or manslaughter, he said, “There is no evidence whatsoever that these officers intentionally killed Mr. Bear-heels.” He said the coroner’s office ruled that Mr. Bear-heels’s death was caused by “excited delirium.”

Attorney Don Kleine to files assault charges against 2 officers Video by KETV NewsWatch 7

“That is something we had a question about,” Mr. Kleine said, referring to possible tougher charges. But he said his office could find no “approximate cause” linking the officers’ actions to the cause of death — such as the use of the Taser, or the blows, which did not result in “brain bleed” or contusions to the brain, he said.

Photo

The funeral of Zachary Bear-heels in Apache, Oklahoma, in June.

The officers were fired Friday, after the Omaha Police Department investigated the episode.

Mr. Payne, 38, is due to turn himself in on Friday for a bail hearing, and Mr. McClarty, 27, will be cited on suspicion of third-degree assault, Mr. Kleine said.

Matthew D. Burns, a lawyer for Mr. Payne, said his client was “devastated” and “feels terrible because a person lost his life.”

Mr. McClarty’s lawyer could not immediately be reached.

Mr. Kleine said he was filing the charges before a grand jury being called to look into the case, which has attracted concern from Mr. Bear-heels’s Native American community. The felony assault charge carries up to 20 years in prison — the same as manslaughter — and the other charge can carry up to one year in prison, a $1,000 fine or both.

According to a police statement, the episode started on June 3, when Mr. Bear-heels was taking a bus from Murdo, S.D., to Oklahoma City. He was dropped off at a station in Omaha and was not allowed to re-board because a passenger had complained about his behavior.

On June 4, Mr. Bear-heels’s mother, Renita Chalepah, called the Omaha Police Department to report that her son was missing and that he was bipolar and had schizophrenia. On June 5, officers were called to a gas station because of a disturbance and found a man, later identified as Mr. Bear-heels, dancing in front of the convenience store and refusing to leave, according to the police.

Officers on the scene spoke to his mother about where to take him. But after he was placed into a cruiser in handcuffs for “erratic behavior,” he tried to leave the vehicle, and four officers, including Officer Payne and Officer McClarty, tried to restrain him and force him back into the car.

Photo

Zachary Bear-heels, who died after an encounter with Omaha police officers. CreditKETV NewsWatch 7, via YouTube 

After a struggle, Officer Payne shouted, “Taser, Taser,” and warned Mr. Bear-heels three more times that the Taser would be used, the statement said.

Photo

Mr. Bear-heels’s grave in Apache, Okla. CreditKent Sievers/The World-Herald

Officer Payne then discharged the device, which struck Mr. Bear-heels in the abdomen and right thigh. The officer continued to activate the device as it clung to Mr. Bear-heels, who resisted being dragged into the vehicle. As Mr. Bear-heels was propped up in a sitting position against the car, he stopped resisting, the police statement said, but Officer Payne kept using the Taser on him over the next one minute 45 seconds.

“You’re gonna get it again,” the police statement quoted the officer as saying.

“These are egregious violations of the Omaha Police Department’s policy, procedures and training on use of force and the use of a Taser,” the statement said.

After Mr. Bear-heels managed to slip a hand out of the cuffs, swung his arms and kicked out with his legs, Officer McClarty punched him in the head and neck area multiple times while Officer Payne used the Taser again — making it about 12 times that he used the device on Mr. Bear-heels, the police statement said.

Part of the encounter was caught on a dashboard camera of a police vehicle and shown during the news conference.

After more police officers arrived to help, Mr. Bear-heels was handcuffed to a gurney. Medics then said he had stopped breathing and had no pulse. Mr. Bear-heels was pronounced dead in the hospital, the police said.

After Mr. Bear-heels’s death, the Omaha police chief, Todd Schmaderer, said that the department had “failed” and that officers would receive additional training. A police spokesman said on Wednesday that the chief was not available to comment.

One woman, a member of the Native American community who attended the news conference, tearfully spoke up about her fears for her own mentally ill son. “We are people, too,” she said.

And the Beat(ing) Goes on

The national scandal of criminal-justice brutality against the mentally ill continues:

via Reno Gazette-Journal

Released video depicts fatal struggle at Washoe jail

JUSTIN THOMPSON, 35, DIED IN AUGUST AFTER A VIOLENT STRUGGLE WITH DEPUTIES THAT LASTED MORE THAN A HALF HOUR.

Read the full story here: http://www.rgj.com/story/news/2017/05/03/released-video-depicts-fatal-struggle-washoe-jail/309046001/