By Matthew Russell Lee, Patreon Maxwell Book
BBC-Guardian UK - Honduras - ESPN NY Mag
SDNY COURTHOUSE, Aug 10 – Amid the crisis at New York City's Rikers Island, the NYC Commission of Corrections was summoned to a November 17, 2022 in-person hearing on a request to move to appoint a Federal receiver for the facility, at the U.S. District Court for the Southern District of New York.
That request was denied. Inner City Press live tweeted it, here and below, and before streamed in Foley Square and in front of SDNY (here and here), then uploaded video of the Close Rikers protest and an impromptu Q&A with NYC public advocate Juumane Williams, here. Here is the thread.
On August 7, 2023, three days before an in-person hearing amid calls for Federal takeover, the Aug 7 status report detailed recent deaths, including July 23, 2023 of Curtis Davis, July 15, 2023 of William Johnstone; July 6 of Ricky Howell, July 4, 2023 of Felix Taveras ("suspected overdose," with some suspensions); May 27 of Joshua Valdez - "suspected skull fracture, with "no staff discipline reported."
On August 10, the hearing. Inner City Press live tweeted it, thread:
Monitor describing inmates not locked in at night, assaulting each other with weapons and opening each others cells. "If the detainees are not allowed to roam around, it will reduce harm."
Chief Judge Swain: Thank you Mr. Martin. Deputy monitor? Deputy Monitor: I will provide a report on three days at Rikers in the past week. But first, what has changed? The Department has not made the progress we had hoped.
Deputy Monitor: We have seen drug use in the most secure unit. We were told, the Department has a fentanyl problem. The facility has had four stabbings and slashings in the last four days: one a day
Deputy: At OBCC inmates are being blended so there is more than one gang. We spoke with a victim of slashing who had been in the intake unit more than 24 hours, he said. We saw people smoking an illicit substance, joints on the floor. They were highly intoxicated
Chief Judge Swain: I would appreciate a written filing correcting the record on anything the Monitoring Team thinks needs to be corrected. Deputy Monitor. Thank you. I will summarize August 3 (then 8 and 9). On August 3, 2023 there were 25 use of force incidents
Deputy Monitor: Even the DOC found that six of the 25 did not need to occur. On August 8, there was a tour by the Department. 67 incidents on that day. four stabbing and slashing. Seven fires. Narcan to 2 individuals. 2 allegations to staff assault and sex abuse
Deputy Monitor: They found Newport cigarettes and two iPhones, fentanyl laced envelopes... August 9, we toured the jail. It was disturbing. ESH unit levels 1 and 2 at Rose M. Singer then OBCC. We met a slashing victim, and people in intake for many hours
Deputy Monitor: We met with the purported instigators of slashings. There were joints on the ground. I'm 9 month pregnant so I had to leave the area. Chief Judge Swain: Were they all in the same area? Deputy: They were sharing narcotics, they were unable to stand
Chief Judge Swain: They were jointly suspected of participating in a stabbing? Deputy Monitor Friedberg: Yes. We cannot go on like this.
Commissioner Louis A. Molina: Slashing and stabbing have decreased, by 30% this calendar year
Commissioner Molina: On court-production we hover at 88 to 91 percent. We reduced chronic staff absenteeism. Yes, we have experienced three in-custody death. But for every two deaths in another system, there's only one in the NYC system. Since 2016, we video more
Commissioner Molina: The Adams administration has enlisted outside professionals. With the support of Mayor Adams, we have pulled back and begun reforms. Chief Judge Swain: What about staff not being where they were supposed to be? Commissioner: We take action
Commissioner Molina: I myself personally and randomly review cameras.... Chief Judge Swain: So on the request for sanctions and a receiver, briefs due Nov 17, reply Feb 15 - that's 2024
US Attorney's Office rep Jeffrey Powell: We are seeking a court-appointed receiver. Directives to stay on post are not going to be sufficient. It is unfortunate that the City is taking an adversarial posture here
Chief Judge Swain: The Court is focused on structural reform. There must be a sustained pace of reform. The monitoring team's report today reflect that the defendant have not demonstrated sufficient work toward reform. The application is granted; letter by Sept 11
Chief Judge Swain: Next conference Nov 28 at 2 pm. I have authorized this motion practice because the defendants have not done enough, dynamic change is necessary. The people of the city and the press will be watching.
Watch this site.
Back on April 26 a conference took place between 2 pm and 4:15 pm - but by video. Inner City Press live tweeted it here.
The case is Nunez v. N.Y.C. Department of Correction, et al., 11-cv-5845 (Swain)
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