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‘A total disaster’: Families report AWOL admin, insufficient precautions as COVID runs rampant in Buckingham state prisons

 

“When we found out he had it, we was pretty sure he was going to die,” says a sibling of a man incarcerated in Buckingham Correctional Center.

Buckingham is home to the fourth-worst coronavirus outbreak of any correctional facility in Virginia—112 inmates have tested positive. Dillwyn Correctional Center, a lower-security facility across the street, has the state’s worst outbreak, with 122 active cases and 321 total positives. Families of inmates say that the prison administration has failed to adequately communicate with family members, failed to set up safe quarantine zones inside the facilities, and dragged their heels to release prisoners who should be eligible.

“Everything that’s going on at Dillwyn is a total disaster,” says Monet Anderson, whose son, Antonio Funn, is being held in Dillwyn and has contracted coronavirus. Anderson says Funn, 30, has lost his senses of taste and smell.

In Virginia, more than 1100 people have contracted the disease while incarcerated in the state prison system. Six people have died while incarcerated; one of those deaths occurred at Dillwyn and two at Buckingham.

Families of the incarcerated say administrators have been AWOL. “The [Dillwyn] warden has been gone, they don’t even see her,” Anderson says. “She doesn’t want to catch the virus.”

C-VILLE called Dillwyn Correctional Center Warden Dana Ratliffe-Walker on Wednesday afternoon, and found that her voicemail inbox was full. Staff at both Dillwyn and Buckingham referred inquiries about the situation to Department of Corrections spokesperson Lisa Kinney, who declined to respond to the suggestion that the warden had been absent.

A state resident, who asked to remain anonymous out of fear for the safety of a brother, says the brother, who is 64, tested positive for the virus in Buckingham. He was briefly quarantined inside the prison, then hospitalized, then returned to quarantine, but the family wasn’t aware that he had even tested positive until he was in the hospital. Later, when they called the hospital, they say the nurses reported he wasn’t there.

“Has he died?” the sibling wondered. The only way they were able to find out was by checking if the inmate’s prison-issued email was in service. When they saw it was active, they knew he was back in the prison, but the sibling thought he was too sick to write back.

“I just wish we could know what shape he’s in,” the sibling says. Normally, the family drives three hours each way to visit him a few times per month. “He lives for us to come visit him.” But the virus has made those trips impossible, and uncommunicative administration amplifies the problem.

“Our offenders are adults,” Kinney responded in an email. “Just as your doctor wouldn’t call your family members if you tested positive for a condition, we cannot share offenders’ confidential medical information.”

Families think the precautions being taken inside the prison are inadequate.

“They said they set up a bunch of beds in the gym, whatever the gym is,” says the anonymous source. “The nurses are checking him twice a day, taking his temperature. If they’re giving him medication, I have no idea.”

At Dillwyn, Anderson says her son’s living area is an “open pod. There’s no way to get away from anyone.”

Two weeks ago, four inmates were transferred out of Dillwyn and sent to a higher security facility. The DOC claims the move was in response to a hunger strike by the inmates, a claim the ACLU is investigating.

Anderson says the four men who were transferred had been in Funn’s pod, and that the DOC hasn’t been telling the full story. “[The inmates] blocked the doors to their pod, so [the prison] could not bring in any more infected inmates,” Anderson says. “Every time their 14-day quarantine period was coming to an end, they would try to bring in other inmates. And they were tired of it…They were trying to get well.”

Asked about the situation, Kinney responded that the DOC doesn’t release reasons for transferring prisoners, adding that “during the pandemic the DOC is restricting the transfer of inmates between DOC facilities unless it is necessary to transport an inmate for security reasons.”

Around the country, some prison systems have dealt with the virus by decreasing the number of people housed in their facilities, but the Virginia state prison system has been slow to act. The General Assembly approved an inmate release program on April 22, allowing those with less than a year of their sentence remaining and a record of good behavior to be transferred out. That program applies to just 2,000 of the roughly 30,000 inmates in the state system. As of May 24, just 208 inmates had actually been allowed to leave the correctional facilities, according to state data.

Funn, whose sentence ends in July, meets the state’s criteria for early release. Anderson says a home plan was approved weeks ago, but nothing happened. Then, last week, “after numerous calls and emails,” the family heard Funn had been approved for release last week—but he still hasn’t moved.

Kinney declined to comment on Funn’s case but wrote that “offenders are being reviewed for release as quickly as is responsibly possible.”

“We’re just trying to figure out, why is this moving so slow.” Anderson says. “You have guys sitting, who have home plans in place, and they’re not moving, they’re sitting.”

“Because he’s an inmate, it’s almost like we don’t count,” says the sibling whose brother is sick.

“No one listens to them in there,” says Anderson. “My job, as the mother, is to get out there and get this voice. I tell him it’s not just for you, it’s for everyone.”

 

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Capital secrets: News outlets sue VADOC to view executions from start to finish

By Spencer Philps

Four news organizations, including BH Media Group, which publishes The Daily Progress, are suing the Virginia Department of Corrections over procedures they believe violate the public’s First Amendment right to witness state executions in their entirety.

Members of the public, including the press, are allowed to witness executions. But the plaintiffs argue that restrictions put in place by VADOC prevent witnesses from observing crucial steps in the execution process, including the condition of an inmate as he or she enters the execution chamber; if there was difficulty administering the intravenous lines or completing the unknown steps in the electrocution process; or if the inmate was harmed during the procedure.

The plaintiffs in the case—BH Media Group, Associated Press, Guardian News and Media, and Gannett, are being represented by The Media Freedom and Information Access Clinic at Yale Law School.

“Our contention is that being able to see the entire process serves an important function both in terms of ensuring that things are being done according to procedure, and educating the public about whether the procedure is working properly or is consistent with community values,” says David Schulz, the clinic’s director.

Virginia is one of the 30 states in the U.S. that allows capital punishment. Since the death penalty was reinstated by the Supreme Court in 1976, Virginia has executed 113 individuals, the second most in the country behind only Texas.

According to the complaint filed by the news organizations September 23, members of the public can watch the execution from an adjacent room through a window that looks into the chamber. But once the inmate enters the chamber, a curtain is drawn that remains closed until prison officials have strapped down the inmate and the lethal injection has been administered. A second curtain blocks the view of the executioner and delivery of the lethal injection throughout the entire procedure.

In the case of execution by electric chair —Virginia is one of nine states where the electric chair is still authorized—the curtain isn’t removed until the inmate is strapped to the chair and the executioner performs three actions (the specifics of which are classified and redacted from the publicly available execution manual) before the actual execution.

The inability of witnesses to see inmates entering the execution chamber is a new restriction that VADOC introduced in 2017, just weeks after the controversial execution of Ricky Gray. It took far longer than normal—over half an hour—for prison officials to set the intravenous line that would administer the lethal drug. Because the second curtain inside the chamber blocked their view, the witnesses present were unable to discern why the procedure had taken so long, or whether Gray had been harmed in the process.

“It does seem at least that there’s an inference that [the change in procedure] was motivated somewhat to prevent the revealing of the problems that could happen and the pain that can be inflicted in trying to place the intravenous tubes,” Shulz says.

William Morva, who was sentenced to death in 2008 for the 2006 murder of a hospital security guard and a sheriff’s deputy, has been the only individual executed in Virginia since 2017.

VADOC said it would not comment on the pending litigation. The Virginia Attorney General’s Office did not reply to requests for comment.

The ACLU of Virginia has been a vocal advocate in the fight against what it refers to as “execution secrecy” in Virginia. While the ACLU-VA opposes the death penalty, the group argues that, as long as the death penalty exists, it must be done in the most transparent and open fashion possible.

“It’s the most final and irreversible act a government can take, and for it to undertake that act in layers of secrecy…is unacceptable,” says Brian Farrar, ACLU-VA’s director of strategic communications.

In 2018, the group issued a letter to Governor Ralph Northam, calling on him to “lift the veil of secrecy around executions in Virginia.”

Schulz predicts the case will move quickly through the court. The U.S. District Court for the Eastern District of Virginia, referred to as a “rocket docket,” is the fastest federal civil trial court in the country.

Greensville Correctional Center is the facility used by Virginia for capital punishment, although the state hasn’t executed anyone since convicted murderer William Morva was killed by lethal injection July 6, 2017.

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In brief: America’s Dad, Virginia’s tampons, A12’s price tag and more

New contender for America’s Dad?

Senator Tim Kaine stopped by his campaign office in York Place September 21 for a pizza party with nearly three dozen University of Virginia Democrats.

Supporters passed around campaign signs that said “America’s Dad,” although Kaine may have some competition for the title—a spokesman for Bill Cosby told reporters recently that Cosby is still America’s Dad, despite his conviction for sexual assault.

In an exclusive interview on the vital topic of “dad jokes,” Kaine confessed that he groaned when his staff introduced the signs during his 2016 vice presidential campaign. “I kind of found myself in the center of all these dad jokes. And I mean, this is a very dad thing to say, but until I was in the center of them, I didn’t know there was such a thing as a dad joke.”

Urban Dictionary defines a dad joke as an “indescribably cheesy” or dumb joke made by a father to his kids. “We’re in a business where people get called a lot of names, and being made fun of because of my dad quality? I’ll take that,” says Kaine.

Smells of pepperoni and cheese wafted through the air as Hillary Clinton’s former running mate also fielded questions about his favorite type of ’za.

“I will always have Canadian bacon, mushroom, and black olive if I can,” he said. “Not everybody has Canadian bacon. It was more popular back in the day, and with Trump in a trade war against Canada, I’m sure there’s no more Canadian bacon.”

Believe it or not, he was also there to talk politics. As was 5th District congressional candidate Leslie Cockburn, who was preaching to the choir when she said one of her top priorities is debt relief for folks with student loans.

Like his young constituents, Kaine said he believes in climate science, marriage equality, and reasonable rules to “stop the carnage of gun violence.”

“I feel like politics is a lot like a train that’s run away and we need to pull the emergency brake,” Kaine told the crowd of students. And when recruiting young supporters, he said he no longer just talks about the differences between Republicans and Democrats.

“It’s not just that there’s a difference between the two sides,” he says. “It’s that you make a difference.”

As for defeating opponent Corey Stewart? “I feel good about what I see, but we take nothing for granted.”


Quote of the week

“If someone chooses to visit a Virginia Department of Corrections inmate, he or she cannot have anything hidden inside a body cavity.”—Spokeswoman Lisa Kinney tells the AP why women can’t wear tampons or menstrual cups when visiting state prisons.


In brief

Tourism bureau slam

Adam Healey, interim executive director for the Charlottesville-Albemarle Convention and Visitors Bureau, called the agency a “weak marketer,” its messaging “confusing,” and its positioning “dusty” rather than modern, according to Allison Wrabel’s story in the Daily Progress. And he wants to bump the bureau’s advertising budget from around $400,000 to $6 million.

Weekend traffic fatalities

UVA engineering grad student Rouzbeh Rastgarkafshgarkolaei, 27, died on U.S. 29 in Culpeper around 4:50am September 23, when his 2006 Audi sideswiped a Dodge Caravan, ran off the road, and caught fire. Virginia State Police said speed was a factor. That same day, Mary Elizabeth Carter, 19, died when her Mazda crossed the center line in Louisa and struck a Ford F150. Police said she wasn’t wearing a seatbelt.

Jowell Travis Legendre faces multiple charges. Charlottesville Police

Student assaulted, robbed

A UVA student was robbed and sexually assaulted around 9:30pm September 19 on the 500 block of 14th Street NW, city police said. Louisa resident Jowell Travis Legendre, 29, was arrested the next day and charged with object sexual penetration, forcible sodomy, robbery, grand larceny, and credit card larceny.

Well endowed

UVA’s endowment jumped almost $1 billion in the last fiscal year, from $8.6 billion to $9.5 billion. Even more impressive, the endowment has seen a 10.9 percent annual return over the past 20 years, according to COO Kristina Alimard.

Nuts wanted

The Virginia Department of Forestry is seeking acorns and nuts from 12 different species, mostly oaks, from state landowners. The department wants to plant them at its Augusta Forestry Center for tree seedlings.

 

 


Pricey preparations

While Jason Kessler was in D.C., Virginia State Police sent 700 officers to Charlottesville during the
August 12 anniversary weekend that brought out hundreds of anti-racist activists, students, and
mourners, but little to no opposition. The cost?

$3.1 million, according to VSP spokesperson Corinne Geller, who says the department has submitted the bill to the Virginia Department of Emergency Management for reimbursement. That number includes: $953,000 for equipment and vehicles,
and $885,000 in salaries (for officers who would have been working anyway). It does not include costs for Charlottesville, Albemarle, and UVA.

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In brief: Feeding hungry bellies, prison censorship and more…

The fight against hunger

September is Hunger Action Month, when people across the nation raise awareness for empty bellies by supporting the country’s network of food banks. Locally, we have two main groups fighting the good fight—the Emergency Food Network and the Thomas Jefferson Area branch of the Blue Ridge Area Food Bank. Here’s a look at those organizations and how much food they’re able to put on the table.

Emergency Food Network

  • Serves 1,625 individuals in 470 households each month
  • On average, that’s 131 seniors, 781 adults and 712 children
  • Each three-day supply of food includes: cereal, canned vegetables, fruits, beans, tuna and chicken, soup, macaroni and cheese, rice, bread, milk, margarine and cheese. Clients can add peanut butter and fresh fruits and vegetables.
  • EFN gave the Boys & Girls Club $8,462 in grocery store gift cards in 2016
  • EFN donated $32,134 to community groups
  • All city and county residents are eligible to receive help once a month

Blue Ridge Area Food Bank

  • Serves 22,826 people in the Thomas Jefferson Area branch each month
  • Distributes 3.4 million pounds of food in that district annually
  • Food donated through community drives makes up about 3 percent of the food it acquires
  • The local district covers Albemarle, Buckingham, Fluvanna, Orange, Greene and Madison counties and Culpeper

Tim Heaphy’s legal bill

Tim Heaphy. Photo courtesy U.S. Attorney’s Office

Charlottesville hired former U.S. attorney Heaphy to investigate the city’s handling of three white supremacist gatherings this summer. The Republican Party of Virginia immediately questioned that choice because Heaphy has made donations to Democrats, including $200 to Mayor Mike Signer. The city will pay Heaphy’s Hunton & Williams law firm $545 an hour with a $100,000 cap for the initial assignment.

March on, march off

Virginia State Police suspended the permit of those participating in the March to End White Supremacy from Charlottesville to D.C. September 1, citing rain and traffic, but event organizers say they’re marching on (alongside actor Mark Ruffalo, who joined them August 31). Their journey was temporarily halted on day three, August 30, when organizers received threats of an armed person waiting at the end of the route in Madison.

Quote of the Week:
“I feel guilty. I am ashamed. …As a white man, I think it’s my job to stand up and say no, you’re not going to do that anymore.Thomas Freeman after he pleaded guilty to blocking the KKK from entering Justice Park

Another lawsuit

Robert Sanchez Turner, 33, filed August 28 for an undisclosed amount against the city, Police Chief Al Thomas and Virginia State Police superintendent Steven Flaherty for an alleged “stand down” order during the August 12 rally, in which he says he was struck in the head and pepper sprayed with no police intervention. He is represented by Verona-based Nexus Caridades Attorneys.

Humanists allege prison censorship

The American Humanist Association filed suit against the Virginia Department of Corrections for banning its July/August issue of the Humanist for nudity because it has a small photo of Rubens’ 17th-century painting “The Garden of Eden.” This is the seventh suit civil rights attorney Jeff Fogel has filed against the DOC for censorship, and the plaintiffs have prevailed in the earlier actions.

Pay to park in effect

The city’s six-month pilot meter program kicked off September 5 for 105
spaces on streets immediately around the Downtown Mall. Potential parkers will find either individual meters or kiosks. All accept cash or credit.

  • Costs $1.80 an hour from 8am-8pm, Monday through Saturday
  •  Two-hour limit
  • First hour free in Market Street Garage, then $1.50 an hour
  •  Merchant validation ditched in Market Street, still available in Water Street Garage
  • City offering a one-week grace period before ticketing begins