(Where Does the BUCK Stop?)
By Malik Washington, Destination Freedom Media Group
Last year around this time, our independent nonprofit news organization began its research on a multi-part series entitled, “In-Custody Deaths in U.S. Prisons and Jails Have Evolved Into a National Crisis (Parts 1 and 2)”; “National Crisis of In-Custody Deaths SB 519 Approved in California”; and “In-Custody Deaths and Conditions Inside Santa Rita Jail.”
I was motivated by the number of in-custody deaths that occurred at Santa Rita Jail (SRJ) located in Dublin, California between March 2022 through August 2023. I was housed at SRJ’s restricted housing unit during this time period. On August 28, 2024, our independent nonprofit news organization was informed by a source inside SRJ that a 30-year-old Black male was found dead inside his cell. Rick Hurd (Mercury News) reported that the man’s name was Abrion William McElmore. Alameda County Sheriff’s Office’s Public Information Officer, Captain Tya Modeste stated that an autopsy would be conducted in order to ascertain the cause of death. That meager amount of information was not good enough for me. My partner and colleague, Gale Washington, sent an email to Captain Modeste inquiring about the housing unit Mr. McEmore was housed on when he died. Gale also asked whether SB 519 would require the Alameda County Sheriff’s Office (ACSO) to divulge more detailed information to the public about the death. On September 3, 2024, Captain Modeste responded to our inquiry as follows: Mr. McElmore was a protective custody inmate. Our office will comply with the law where PRAs are concerned. No change from what we have done prior to now. Note: for our readers’ information there is a difference between protective custody housing and restricted housing.
I want to give the public some insight as to why we were curious about Mr. McElmore’s housing unit placement at SRJ. Per Captain Modeste, Mr. McEmore was charged with the rape of two women. When I learned that, it immediately led me to the conclusion that Mr. McElmore was not housed in general population but in the restrictive housing unit for his own personal safety. A rape suspect would not be safe in general population at SRJ. Mr. McElmore should have been housed in Restrictive Housing Unit 1 or 2. We sought confirmation because our research has shown that a disproportionate number of prisoners (or detainees) have died inside SRJ’s restrictive housing unit (i.e., Yuri Brand, Eric Johnson, Candace “Cody” Vanburen, Eric Magana).
For the uninitiated, I want to clarify what Senate Bill 519 is and why it is relevant here. California Senator Toni Akins represents constituents in the San Diego area (39th District). San Diego County Jails have experienced a shockingly high rate of in-custody deaths. The public outcry in San Diego inspired Senator Atkins to author Senate Bill 519. SB 519 was crafted to promote the release of information by California sheriff’s offices when community members die in their county jails.
Brief Summary of SB 519:
“Existing law, the California Public Records Act, generally requires public records to be open for inspection by the public. Existing law provides numerous exceptions to this requirement. Under existing law, the personnel records of peace officers and custodial officers are confidential and not subject to public inspection. Existing law provides certain exemptions to this confidentiality, including the reports, investigations, and findings of certain incidents involving the use of force by a peace officer.
“This bill would, beginning on July 1, 2024, make records relating to an investigation conducted by a local detention facility into a death incident, as defined, available to public inspection, as specified. By increasing duties on local governments, this bill would create a state-mandated local program.”
See: https://legiscan.com/CA/text/SB519/2023 for full text of bill.
Throughout California, public information officers like Captain Tya Modeste are notorious for obscuring or hiding information related to in-custody deaths.
In Alameda County, the case of Maurice Monk is one of the most disturbing examples of this practice of obscuring and hiding information. If not for the stubborn dedication of civil rights attorney, Adante Pointer, the public nor Maurice Monk’s family may not have discovered the truth surrounding Maurice’s death at SRJ in November 2021.
But what about now? What impact, if any, has Senator Atkins’ bill, SB 519, had since the law went into effect on July 1, 2024 relating to information sharing of in-custody deaths in California.
Our independent nonprofit news organization sent out an email to numerous organizations, advocates, and community activists across the state who support incarcerated human beings. We asked two questions: (1) In your jurisdiction (county), have you noticed any improvement or increase in regard to your respective sheriff’s departments sharing detailed information about in-custody deaths? and (2) Do you have an opinion about the deaths which occur inside the county jail in your community and the lack of oversight at the jail?
We received what we believe is a fair and balanced response from Richard Speiglman, Chairperson of the Interfaith Coalition for Justice in our Jails. In regard to SRJ,
Mr. Speiglman had this to say:
“The Alameda County Sheriff’s Office posts in-custody deaths at the following site on its ‘public information portal:’
“https://www.alamedacountysheriff.org/about-us/public-documents/-folder-64
- “A couple of comments:
- The existence of the listing is progress, but
- I find it disturbing that the name of the deceased is not mentioned (Abrion William McElmore).
- “Accident” covers a broad range of possible manner/means for deaths.
- The most recent death reported at Santa Rita Jail via news outlets does not yet appear at this site.
- I wonder whether deaths that take place in a hospital following transfer from the jail are reported. They should be. Perhaps with that designation.
- I would also suggest that the postings indicate whether information on manner/means comes from the Coroner’s Office or elsewhere.
- “The fact that, so far this year, the number of Santa Rita jail deaths is down from previous years suggests that reduction in jail deaths is possible (or reflects random variation). If not for fear of contributing to litigation against the county by releasing any information not required by law, I wonder, would the Sheriff’s Office take credit for fewer deaths by way of positive supervisory or other changes to jail policy or practice? The public has no way to think about changes that may have contributed to better outcomes, whether to express appreciation for them and/or to suggest additional approaches to stop deaths and harms in the jail. Perhaps jail “accident” reduction is possible and should rise to the top of objectives of the county public health department.”
From Mr. Speiglman’s statement, there clearly appears to have been a decrease in the number of in-custody deaths which may be attributable to training and policy changes by Sheriff Yesenia Sanchez. However, the limited information made available by ACSO to the public makes it hard to determine what exactly has led to the decrease. I believe clarifying the term “accident” may help legal observers and the public understand what exactly is causing in-custody deaths inside SRJ.
WHAT THE HELL IS GOING ON INSIDE SACRAMENTO COUNTY JAIL?
The motto of the Sacramento County Sheriff’s Office is: “Safety With Concern.” We, at Destination Freedom, are wondering whether that “Concern” extends to detainees housed in the county jail. Sacramento County Sheriff, Jim Cooper, continues to avoid the hard questions. Those questions have to do with the demands from a community that is fed up with a jail system that is plagued with drug overdoses and deaths.
Sacramento County jail inmate dies after he was found unresponsive with cellmate – KCRA
https://www.kcra.com/article/sacramento-county-jail-inmate-dies-unresponsive-with-cellmate/61714609
3 Sacramento County Jail inmates have died in the past month and a half. What’s going on? – ABC 10
It has already been established by advocates and activists in Sacramento that the county jail is a place where Black and Brown human beings go to die. What will it take before Senators Toni Atkins and Angelique Ashby kick in the doors to Sacramento County Jail and demand some concrete answers to the lives being lost?
I strongly believe that every member of the California legislature’s Public Safety Committee that is chaired by Senator Aisha Wahab must read the short but hard-hitting article in the Davis Vanguard by Crescenzo Vellucci entitled, “Jails in Crisis: Dead bodies pile up in Sacramento County Jails, 5th Pretrial Death in Less than 3 Months Sparks Calls for Independent Review.
Link:
There are some compelling similarities between the conditions and circumstances at SRJ in Alameda County, Sacramento County Jail(s), and San Diego County Jails.
- All these jails have been the targets of serious civil litigation filed by attorneys on behalf of detainees; litigation aimed at addressing and correcting unconstitutional conditions of confinement.
Alameda County: ESTATE OF MAURICE MONK, et al., Plaintiffs, v. ALAMEDA COUNTY, et al., Defendants, Case No. 22-cv-04037-TSH
San Diego County: NeSmith v. County of San Diego et al, Case No. 15-cv-0629-JLS
Sacramento County: Mays et al. v. County of Sacramento, Case No. 2:18-cv-02081
- The jails and the jurisdictions that operate them have been plagued by in-custody deaths; some have been described as “mysterious.” No one wants to admit the presence of deadly substances like Fentanyl inside the jails.
- Although each of the Sheriffs in their respective counties verbally claim an affinity for transparency, their actions say something completely different.
Bob Britton, an activist with ICJJ, Interfaith Coalition for Justice in our Jails, and a retired union executive who previously represented the Alameda County Deputy Sheriff’s Association and Public Defender Attorneys, recently had this to say about his quest to obtain documents from ACSO in regard to deaths and the struggle for oversight of ACSO:
“Jail deaths are down. I hope it is systemic and not a fluke. The prospects of meaningful Sheriff Oversight are tenuous. Our strong ally on the Board of Sups for this issue has been Elisa Marquez, District 2. It seemed everything was set a vote, but then Supervisor Tam put it off again. It’s a shame she is nothing like her predecessor, Wilma Chan.
“What I hear is that Tam tabled it at the sheriff’s request. Sanchez liked the earlier language by the County Counsel that an investigation of Sheriff personnel could only occur with the sheriff’s invitation or approval. She must have been asleep when most of the Board, including Tam, directed County Counsel to delete that language and make other important changes. It’s still not a perfect draft, and the ACLU still has objections. But if we go back to oversight only with the Sheriff’s approval, it’s worthless.
“It is due back to the Board on September 17. Sometimes, I think the multiple delays are a tactic to prevent the public from voicing their opinions. I have made a CPRA (CA Public Records Act request) for material, including investigations for a 1/2 dozen recent in-custody deaths. The Sheriff’s Office has acknowledged my request and said they are working on it, but I have not received anything yet. SB 519 gives access to investigations that are completed but not ongoing.”
In April 2021, Bob wrote this op-ed for the Davis Vanguard:
Guest Commentary: Another Suicide at Santa Rita Jail Sparks Cry for Sheriff Oversight in Alameda County – Davis Vanguard
and this article in October 2022 for the Mercury News:
Opinion: AG should investigate Alameda County sheriff deputy hires
Mr. Britton reports that the next hearing scheduled by the Alameda County Board of Supervisors regarding oversight of ACSO is on September 17, 2024. We highly recommend that members of the community attend (in person or via zoom) these meetings. Mr. Britton committed himself to authoring a piece with the Davis Vanguard in order to share with the public his insight on the specific reasons why the Alameda County Board of Supervisors has financial and moral responsibilities to secure the establishment of an oversight committee for ACSO.
I want to emphasize that we sent our email questionnaire regarding SB 519 to advocates across the State of California, including Sacramento, San Jose, and San Diego. We would like to encourage their feedback as well as welcome any comments or suggestions. Your voice counts and we will gladly amplify your concerns.
Malik Washington is a freelance journalist and Director at Destination: Freedom and Destination Freedom Media Group.
