Thursday, July 19, 2012

Sexual abuse uncovered at Connecticut Halfway House


Attorney Rachel Baird has filed a lawsuit on behalf of inmates who were sexually abused, harassed, and threatened during their time at a halfway house in Bloomfield, CT.  The sexual abuse was committed by employees of Community Solutions, Inc. (CSI), a nonprofit corporation under contract with the state to provide residential services for inmates.

Specifically, Program Director Sean Ball and general staff member Frederick Lester sexually molested and harassed inmates.  Ball and Lester also threatened inmates with disciplinary action, including returning inmates to prison, if they resisted sexual advances or reported the abuses.

The abuse problems at the halfway house were exacerbated by the indifference and slow response of the Department of Corrections (DOC) and the Department of Public Safety in investigating the matter.  In addition, the Town of Bloomfield approved the continuation and expansion of operations at the halfway house without adequately conducting biannual reviews.

The following is a timeline of the events leading up to the lawsuit, with links to corroborating documentation.  Note that more than seven months passed between the first formal inmate complaint and when an investigator finally got around to interviewing that inmate.

TIMELINE

July 9, 2007:  Inmate at Connecticut halfway house reports and makes a written statement in the company of parole officer Carolynn Lindley that Program Director Sean Ball had been inappropriate.  Manager of Parole and Community Services Residential Unit Tom O’Connor suggested to Randy Baren, Director of Parole and Community Services, that further investigation be taken.

October 18, 2007:  Inmate makes further complaints to Carolyn Lindley, which finally prompts her to draft an incident report.  The report mentions inappropriate behavior by Program Director Sean Ball and general staff member Frederick Lester, including:
·     Program Director Sean Ball inappropriately touching inmates, insisting on being called “Auntie Shawny,” and visiting the halfway house at irregular hours
·     Staff members showing favoritism toward certain inmates by allowing them to possess cell phones and pornographic materials, which would otherwise be considered contraband
·     Abuse of power by staff member Frederick Lester, who is specifically identified as a sexual predator.

November 17, 2007:  The same inmate provides an Inmate Request form to DOC Deputy Warden Monica Rinaldi stating that he had been sexually harassed.  Copies of the report are forwarded to multiple administrators, including DOC Director of Parole and Community Services Randy Braren.

November 23, 2007:  Theresa Lantz, then Commissioner, State Department of Corrections, informs Michael Lajoie, Director of Security, about possible “undue familiarity” involving staff and inmates at the halfway house.  The report states that Lantz is directing an investigation into the matter.

December 5, 2007:  Captain Brian Zawilinski of the DOC is assigned to investigate the matter.

January 16, 2008:  A letter from a different inmate reports that Frederick Lester asked for urine samples (despite no test kits being available) and groped inmates’ genitals and buttocks during pat downs and pocket searches.

January 18, 2008:  A letter from another inmate indicates that between November 1, 2007 and December 21, 2007, he was sexually harassed and fondled by Frederick Lester at the halfway house, and that Director Ball was aware of Lester’s behavior but did nothing about it.  Parole Officer Carolyn Lindley informs the inmate that Ball and Lester had been named before under similar circumstances of sexual misconduct.

January 24, 2008:  Frederick Lester terminated from employment at halfway house.

February 15, 2008:  DOC Captain Brian Zawilinski finally follows up on his investigation and interviews the inmate who originally reported sexual harassment at the halfway house.

May 20, 2008:  Zawilinski interviews staff member at halfway house.  Staff member reveals that Sean Ball had pictures of the genitalia of inmates on his cell phone, and that Ball would destroy disciplinary reports for inmates who acquiesced to Ball’s sexual demands.

June 3, 2008:  Zawilinski interviews staff member who admits that the halfway house had no organization or leadership, that inmates used drugs and alcohol, and that Sean Ball would go absent from the Center with an inmate for two to three hours daily.

June 30, 2008:  Program Director Sean Ball terminated from employment.

August 25, 2008:  Captain Zawilinski submits his Investigation Report to Commissioner Theresa Lantz.

March 10, 2009:  Case is deemed complete by Captain Zawilinski.  Commissioner Lantz makes recommendations for DOC halfway houses and transitional facilities.  The recommendations fail to even mention sexual abuse, and do not include specific steps designed to investigate the extent of abuse in the system, prevent future abuses, or address the needs of victims.  The document even belittles the concerns of abuse victims with a reference to “inmate con games.”

May 6, 2010:  Associate Press reports that former deputy warden Neal Kearney was charged with sexually assaulting an inmate at the Bergin Correctional Institution in Storrs, CT.  Ironically, Neal Kearney was the officer who escorted Sean Ball from the halfway house after his termination as Program Director.  Kearney later pleads guilty to second-degree sexual assault.

Wednesday, July 18, 2012

State Police attempt to destroy public records pertaining to illegal collection of fees


Attorney Rachel M. Baird is representing American News in a Freedom of Information (FOI) complaint against the State Police Bureau of Identification (SPBI).  The complaint alleges that former SPBI Office Supervisor Cynthia Powell attempted to destroy certain documents pertaining to an ongoing investigation into the illegal collection of $50.00 fees imposed on pistol permit applicants for state criminal history records checks.

Since October 2009, local issuing authorities in Connecticut have required applicants for pistol permits to pay a $50.00 fee for state criminal history records checks.  But Connecticut General Statutes § 29-11(c) waives the fees for state criminal history records checks when a state criminal history records check is requested by a federal, state, or local municipality.  Therefore, applicants are forced to pay a fee for a service that local authorities are legally entitled to receive for free.

The addition of the $50.00 fee to the pistol permit process has not been approved by the Connecticut General assembly or any other lawful authority, and thus imposes taxation without representation upon individuals applying for pistol permits in the state of Connecticut.

Since the enactment of the fee in October 2009, local authorities have unlawfully collected over half a million dollars from pistol permit applicants.  Attorney Baird has sent cease and desist letters to those authorities demanding that they stop charging the illegal fees.

American News has been investigating this issue, along with the problem of a serious backlog at the SPBI that has caused delays in the processing of pistol permit applications.  Information obtained via the Freedom of Information Act recently revealed an attempt by the state police to destroy certain documents pertaining to this investigation.  The Office Supervisor who requested the destruction of the documents has since been removed from her position.

The following is a timeline of events pertaining to the illegal collection of fees and the attempt to destroy public records that should have been obtainable under the Freedom of Information Act, with links to corroborating documents.  Though the request to destroy the documents is dated one day earlier than the FOIA request, the actual authorization of the request should have been stayed based on the pending inquiry.  In the meantime, the Department of Emergency Services and Public Protection (DESPP) attempted to justify the delay as a programming issue, when in fact the documents were awaiting authorization for disposal.

TIMELINE

October 1, 2009:  The Department of Emergency Services and Public Protection (DESPP) amends its Pistol Permit Application to require that an applicant submit a $50.00 fee to the issuing authority for the state criminal history records check.

April 30, 2010:  The Department of Public Safety formally declares that an application for a pistol permit is incomplete and will not be processed without the statutory $50.00 fee for the state criminal history record check.

February 28, 2012:  DESPP Chief of Staff Steven Spellman testifies at a Public Safety Committee Hearing about a backlog at the State Police Bureau of Identification (SPBI).  This backlog is causing prolonged delays in the processing of pistol permit applications.

March 5, 2012:  SPBI Office Supervisor Cynthia Powell requests the destruction of ­­­­public records pertaining to the investigation into the collection of improper fees.  On the authorization form, Ms. Powell certifies that the records meet retention requirements and do not “pertain to any pending case, claim, or action.”

March 6, 2012:  Under the Freedom of Information Act (FOIA), American News requests access to data regarding the process of obtaining state criminal histories from SPBI.

March 9, 2012:  Cynthia Powell requests disposal of additional “reports and criminal records” pertaining to the investigation.


March 23, 2012:  Destruction of documents is approved by the Connecticut State Library Office of the Public Records Administrator.

March 28, 2012:  Data is purged from computer systems.

April 2, 2012:  Complaint lodged with Freedom of Information Commission.

April 6, 2012:  Cynthia Powell is replaced as Office Supervisor of SPBI.