Suspected of COVID? You get punished. That’s the rule at the Broome County Jail. Under the current administration it can’t be otherwise. There are too many persons in the unsanitary jail, on too many minor charges. Too many persons are kept locked up due to untreated substance use and mental health illnesses. Too many are awaiting trial, often for over a year; refuse to plead guilty and accept a punishing criminal record, and you will stay seemingly forever. And above all too many are housed, in crowded COVID conditions, for other counties, the state, and the federal system–all to make money for the county, from $100 to $300/person per day.
Mass Solitary
What happens if someone reports they are ill? They are dispatched to isolation in the medical unit, a fate worse than formal solitary. There they lose all communication with the outside world, access to regular exercise, conversation and contact with other human beings. Test positive, if you are tested–for very few tests have been administered and the county refuses to release positivity rates–and you remain in super-solitary for 10 to 14 days. After that period in medical solitary, you are sent to an intake “pod” or section of the jail, to quarantine for another 10 to 14 days with more restrictions. Facing a month of solitary, quarantine, and restriction, is it any wonder that so few will admit to being ill?
And it’s group punishment: your friends and fellow incarcerated in your home pod are deemed as threats, ill or not, and put in lockdown. For most people that means being locked in your cold cell alone for 23 hours and 15 minutes a day—you will have 45 minutes at best to phone someone to tell them you are still alive, shower, exchange a book, grab a very short conversation. It’s simply solitary on a mass basis. Its so widespread that correctional officers have regularly been forced to deliver food across the facility, facilitating even more spread out into the community.
It’s a cold fate literally, for cells, especially in the women’s sections, are by multiple accounts very very cold. Persons inside report the heat seems to have been turned off and they have been provided an extra blanket as compensation.
There is one exception to the solitary rule: there is a big dormitory room, now split into two quarantine sections, one for men and one for women. There you sleep and live on a bunk bed, less than 3 feet from everyone else, sharing communal showers and toilets.
Pain and Protest
To people inside and friends and family outside, unable to help, these are painful times.
Is it any wonder that women speak out from inside the jail at inhumane conditions, the lack of basic hygiene, privacy and clothing needs, the inability to access any programs? What official decided to stop friends and family, even before COVID times, from sending in from Amazon bras and basic Christian crosses? Should it surprise anyone that threats of retribution and more are meted out regularly to grievances over food by teenagers and diabetics, the lack of masks and sanitizer, the failure to provide adequate time out of cells and access to phones and tablets to contact loved ones? Or that hunger strikes have now broken out in the jail?
So many persons are suspected of infection, and so few tested, that most of the jail has been in COVID solitary conditions for weeks on end. People inside have called out to multiple community organizations, the press, their lawyers, and the courts for relief. Protests occur regularly still outside the jail and county offices. To date, to no avail: our elected officials and health department see no evil, hear no evil, fail to act at every turn. Meanwhile the pain, and protest, build.
Sadly Mr. Martin’s well-written (and possessing accuracy, both in social and legal perspectives) might go unnoticed by those whose support is needed to reach the sincere and worthy goal advanced by the writer to precipitate change –– and hold elected and/or appointed officials accountable.
In Sheriff Harder’s case, his character must be put forth, viz., arrogance, deception, and costing Broome County taxpayers financial setbacks. It’s the latter –– budget abuses and/or unwarranted spending waiting –– sending a high note to Broome County taxpayers which might be the match to ignite a substantial community outrage.
There is a need to connect the egregious milestones along with Sheriff Harder’s inexplicable avoidance of scrutiny, namely, but limited to Broome County and New York State. Harder’s deep-seated lack of transparency and veracity can be gleaned from the record.
A prominent question that the public needs to consider after digesting the filet of Harder is: What would you do if your child, spouse, relative, friend, neighbor were treated while jailed under Sheriff Harder’s watch and/or placed under arrest?
There is much to be said about Broome County putting up with the Sheriff’s misgivings. To be sure, most court cases, if not all records therefrom cannot be manipulated. A review of these cases and motions related thereto would demonstrate the mosaic of Sheriff Harder, an illustration of his acting with impunity.
Further, the Sheriff refuses to genuinely entertain complaints and/or scoffs at those who challenge him. Our sheriff considers FOIL to be burdensome and disciplinary records are mere “crap” notwithstanding being sought by the public. Sheriff Harder arrogantly dismisses advocacy groups. In sum, Sheriff Harder considers himself protected by a Teflon-badge. Harder’s adherence to the rule of law is self-serving. Let’s look at one instance.
Harder on FOIL –– Let’s look at a Harder meltdown. A display of indignation woven with rambling rage. During a press conference regarding, among other things, FOIL, Harder’s darkness could be felt. He simply ran with rhetoric and his underlying exaggerated demand for respect (and for him, it’s naturally crude) began a presentation of rants. To wit: “News medias [sic] are asking for that crap . . . And it’s not just the media, now we’ve got the public doing it. We’ve got these stupid groups from Harpur College . . . asking for the same crap. We don’t have time to do all this stuff for whoever just wants to be nosy. If you have a legitimate purpose to ask for something, yes, but ask for everything? Come on”
Let’s look at the law. See Public Officers Law § 84. “The people’s right to know the process of governmental decision-making and to review the documents and statistics leading to determinations is basic to our society. Access . . . should not be thwarted by shrouding it with the cloak of secrecy or confidentiality . . . [legislation] declares that government is the public’s business and that the public, individually and collectively and represented by a free press, should have access.”
Further, “[a]n agency shall not deny a request on the basis that the request is voluminous or that locating or reviewing the requested records or providing the requested copies is burdensome because the agency lacks sufficient staffing. Public Officers Law § 89(3)(a).
Finally, and directly positioned to overcome Harder’s self-serving interpretation of the law, the status of an applicant nor a reason is required to file a FOIL request to gain access to Harder’s “crap.” To wit: “An agency’s inquiry into, or reliance upon the status and motive of a FOIL applicant would be administratively infeasible, and its intrusiveness would conflict with the remedial purposes of FOIL” Daily Gazette Co. v. City of Schenectady, 93 N.Y.2d 145, 688 N.Y.S.2d 472 (1999).
Sheriff Harder’s disdain for those who challenge him and/or point out his failures and/or expose BCSO blemishes said that he is willing to give FOIL records to those with “legitimate purposes,” but said he does not see requests from activists groups in the Binghamton area, like Justice and Unity in the Southern Tier [JUST], Progressive Leaders of Tomorrow [PLOT] and Citizen Action, as legitimate [those groups] have one thing on their mind . . . There’s no dealing with them at all . . . ” Pray tell, what is on Harder’s mind?
According to Harder, the aforementioned groups (had) have a concern over inmate deaths. So do loved ones and friends. Are inmate deaths unimportant? Harder thinks so. One cannot create a Harder unforced error –– or is he that arrogant to feel that whatever rolls off his tongue will be accepted?
To wit: Harder said he isn’t willing to speak with those groups, either, calling them unsensible. “All they keep talking about is the people who died in the jail . . . “That has been beaten to death.” He said it!
Harder continually lies to the community. Recently, it was a denial of the number of COVID cases in the County jail.
SheriffHarder (R), nor did Jason Garnar (D) or the Director of the Broome County Health Department Rebecca Kaufman disclose the COVID-19 rampage in the jail. Correctional officers were down with Covid as well (and may have been responsible for its release) as over forty inmates. In the first week of December, the jail was declared a hot spot.
Harder et al. knew about the COVID exposure during the last week in November. Of particular interest in the area whereat COVID cases are reported for the jail, e.g., Town of Dickinson or Binghamton.
Notably, both the Sheriff and County Executive LIED by publicly stated that the Department of Corrections (DOCS) had visited the jail and gave it a thumb’s up. Unfortunately, the DOCS does not oversee county jails. The New York State Commission of Correction (Commission) is the NYS agency responsible for oversight. Moreover, the silence of the BCSO, County Executive, and the Broome County Health Department demonstrate at best clandestine decisions reached and responses executed without the public’s knowledge.
Sadly, the overwhelmingly “protective” media outlets did not dig deep enough. What happened to “sources”? Strangely, and inexplicably released a story at 6:00 am on December 11th “pressconnects” stating the information came to it via a FOIL.
Recently, there is a spike in the Town of Dickinson –– forty-four (44). As of 2018, its population was 5054. Total cumulative COVID cases “documented” –– 306.
Our sheriff’s badge must be stripped from his uniform. Arguably, it is stained with lies, maltreatment of inmates, juveniles under Harder’s watch,, blood, and years of internal favoritism and a lack of holding bad cops accountable. We can justify this necessary action by reviewing the record and permitting his own words to settle within our consciousness.
One might consider Harder’s refusal to follow the recommendation of, amongst others, the Commission. Indeed, Harder literally ignored, thereupon dismissing the Commission’s direction. Harder et al. are responsible for inmate deaths and the emotional (and in some cases physical) abuse of juveniles. See, e.g., A.T. et al v. Harder et al, 9:2017-cv-00817, 31-33 (NY Northern District Court) found here, https://bit.ly/3nC5O1r.
According to the Court in its decision to grant a preliminary injunction –– a high bar to reach –– the psychologist who had interacted with the juveniles and jail personnel had this to say: The Broome County jail is the worst facility [she] has ever seen in her many years of professional practice. AT et al. at 33. See also Mr. Martin’s reporting on this case –– Broome County Loses Lawsuit, Juveniles Win! found here, https://www.justicest.com/index.php/2018/04/04/broome-county-loses-lawsuit-juveniles-win/.
Contrary to Harder’s conclusion that the prior outsourced healthcare company –– for-profit medical services –– Correctional Medical Care, Inc (CMC), NYS tossed them from NYS facilities. It is worth noting that from 2012-2016 Tioga County had six (6) inmate deaths whilst CMC treated inmates.
Submitted for your consideration, must we wait for further abuses and deaths? CBH Medical, P.C., now serving under Harder and Broome County is a part of the irresponsible CMC known to be (in)directly involved with inmate deaths around NYS. The difference? One is a domestic corporation and the other a foreign corporation. They are otherwise the same, viz., accounts, addresses, and management.
One could begin prior to Harder’s interest in holding the office of the sheriff; however, insight into Sheriff Harder’s pattern of behavior can best be gleaned from a review of the 1998 election and especially his behavior(s) after he took the Oath of Office.
Harder’s first milestone was fraught with deception coupled with forceful retaliation against his opponent, a deputy sheriff captain under the late Sheriff DeAngelo. See Wallikas v. Harder, 99-CV-1212, at *1 (N.D.N.Y. Oct. 30, 2000). See also NYSBA, Fall/Winter 2009 Vol. 34, No. 3 L & E Newsletter, p. 11. Found here, https://nysba.org/ NYSBA/Publications/Section%20Publications/Labor%20and%20Employment/PastIssues/ FallWinter2009/FallWinter2009Assets/LENewFallWin09.pdf.
In 2009 there is a connection between then-Lt. Newcomb, Sen. Akshar (then Newcomb’s lover), Harder’s (and the DA’s) failure to take action against Newcomb. See, e.g., left column “Comments –– ‘WHO IS CAPTAIN NEWCOMB VIS-À-VIS INNATE BEHAVIOR?’ ––” found here, shorturl.at/kpIJK. Further, there came a time whereupon Newcomb would record an associate and bring the recording to Harder to be used against the deputy.
In 2011 the BCSO had the files passed to then-Undersheriff Alex Minor by then-Chief Assistant District Attorney JoAnn Rose Parry for [Minor’s] review and for any administrative action deemed appropriate. The record will clearly demonstrate that Newcomb had violated the statute of official misconduct (see N.Y. Penal Law § 195).
In sum, a misdemeanor conviction would have stunted her career. It can be suggested that Harder needed Newcomb as much as she relied on him to let her disgraceful and illegal behavior go unpunished.
In 2015 Akshar leapfrogged Newcomb to become a captain. Notably, just shortly before he would become Sen. Akshar (District 52) Akshar became the Undersheriff. Newcomb would finally make it to captain. To further insulate himself Harder brought on board Eric Janus, formerly with the NYSP for over twenty-five years to replace Fred Akshar as Undersheriff. I would pause here to have the reader consider that Mr. Janus sat on the County’s Stop DWI board.
Arguably, Harder has lost some leverage, which is not necessarily beneficial to the community. Let’s examine this. The former district attorney (the Hon. Steve Cornwell stepped down (at first to run for Congress 22nd, which he had no shot in a primary, only to then stress that he was no politician and would seek to fill the open Broome County Family Court judgeship whereupon he would be in a better position to assist children and families) leaving an inviting opportunity to his former chief assistant district attorney, the Hon. Michael A. Korchak.
However, law enforcement agencies and Sen. Fred Akshar overwhelming threw their support behind the then-candidate Paul Battisti, Esq., and one might suggest that Sheriff Harder is now following the lead rather than taking the same. Consider the “top cop” publicly and enthusiastically supporting DA Korchak’s opponent and what that might do to the relationship. And Korchak’s administration’s key players are from law enforcement backgrounds.
It can be argued that DA Korchak’s chief assistant district attorney Mark Loughran played a manipulative role in the investigation of the August 25, 2020, underage drinking party, which would abruptly end at approximately 1:00 am on the 26th with an assault –– subsequently, thereafter, proving to be deadly.
It must be argued that Mr. Loughran orchastrated an unethical practice against an adolescent. Loughran’s scheme involved two BCSO detectives and the Broome County Public Defender’s office. A complaint is forthcoming.
Sheriff Harder failed to dispatch a patrol unit to the IBM Glen namely because it was a weekday party. It was a rarity that parties during the week were broken up. Harder lied throughout the Aug. 26th news conference. For example, he knew that there were underage drinkers at said “gathering.” To be sure, the “person of interest” –– the suspect was twenty-years-old. Further, the investigation had involved myriad underage drinkers before the news conference.
The failure of Sheriff Harder to properly treat underage high school drinking parties (long-known to him) –– even though the BCSO had worked with NYS to round-up underage college drinkers) and those who supplied and/or sold the booze to adolescents simply had his deputies (when they did disrupt a high school party) direct the kids to “dump the alcohol.”
The majority passed law enforcement with backpacks loaded with alcohol. Contrary to Harder’s August 26th news conference fabrications, there was little or no running into the woods by adolescents and the kids were doing a tad more than “merely trespassing.” Further, the record will demonstrate that contrary to Harder there were not numerous complaints.
In 2019, however, the parties were held higher up Robinson Hill close to residential areas and it was then that the complaints chimed. In 2020 the underage drinkers moved the party spot to where it was the night of August 25th –– closer to the building and safely away from invasive neighbors. Unfortunately, the Sheriff is blending prior facts on record to support his outring failure –– and dismal lying to the public.
Harder’s failure to do more to keep these parties from occurring has left one young adult dead, one pleading out to manslaughter –– and nearly one hundred kids (not fifty as Harder has alleged) left an indelible stain seeping into their memories.
Purely from a circumstantial perspective, we can discern Harder’s deadly unforced error (arguably the Freudian slip echoing well into the night and as suggested, discussed between the DA and Sheriff. See, e.g., “Broome County Sheriff’s Office Holds News Conference on Deadly Stabbing (Aug. 26),” Facebook Watch, accessed October 5, 2020, https://bit.ly/3oJd9Oi –– especially beginning at 52 seconds in –– watch the Sheriff’s hand movements as you listen to Harder’s “unforced error” and wait for his hand to come crashing onto the lectern coupled with his head dropping. The latter must be suggested as a means to compose himself.
Sheriff Harder has a history of, among other things, lying, abusing kids and inmates under his care, failed to execute his duties as a matter of law, and has made unforced errors –– all with costs and, some of those have resulted in deaths.
Permit me to remind you that Harder “thinks [he’s] doing something right.” When does acting wrong become (a) right? Is there a universal definition of “working hard”? –– That’s akin to a politician (both right/left) throwing out “working-class families” leaving one to his/her subjective conclusion and politicians doing little to actually define this class, which I’d argue now is made up mostly of folks making under $15.00/hour with, among other things, high health insurance costs, deductibles inclusive.
Sheriff Harder has abused the essence of the badge. It merely acts as an emblem of Teflon. and presenting Broome County residents with an outward appearance far different from the darkness of his policies. His arrogance and dismissiveness have little if any place in law enforcement, especially leadership. A taste of Harder with a juvenile person of interest. See, e.g., Snow v. Harder, 43 A.D.2d 1003 (N.Y. App. Div. 1974)
Can one pin the tail on Sheriff Harder’s conduct, e.g., recklessness, negligence, or with forethought? This is something for the reader and the Governor of New York to decide. Presumably, Sheriff Harder has taken the oath of office and has failed to live up to the affirmation undertaken by him, e.g., “faithfully discharge the duties of his office.” N.Y. Const. art. XIII, § 13 sect. 1. See also N.Y. County L §§ 400; 402. Compare Public Officer Law § 10 (directing public officers to the oath in the N.Y. Const).
Sheriff Harder must face charges brought by Governor Andrew Cuomo. A formal complaint with signatures must be delivered to Gov. Cuomo for a review of the allegations and if grounded, the NYS Constitution gives Gov. Cuomo the authority to present charges to Harder and subsequently remove him from office. See, e.g., Kearns v. Cuomo, 415 F. Supp. 3d 319, 334-35 (W.D.N.Y. 2019) (internal quotations omitted).
Much to my chagrin, after reading Mr. Martin’s writings further and with a notable interest I dare say that I misjudged JUST as for to the left. It can be suggested that JUST espouses a progressive ideology; however, as I have stated before, Mr. Martin’s writings are “spot on” and seeking to bring truth into the light need not rest on one’s political stance.
In my case, I support law enforcement and do not believe that defunding the police is a sound policy. I do believe that more attention must be put toward oversight committees.
For example, Broome County’s response to Cuomo’s direction to establish a bridge to bring law enforcement and the community to a better understanding of one another makes little sense to me. Actually, it does.
In a similar vein, like most of Broome County (press included) its (subtle to most and obvious to many) hegemony has taken precedent. The County has established the “Broome County Police Review Taskforce.” Have a peek at its members. I have reserved a spot for its December 13th, 5:00 Zoom interaction.
It must be stated that questions are to be submitted in advance. This leaves little room to establish a foundation, e.g., comparing the medical services to the consistent description written by the BCSO in its annual report. To wit:
“The Health Services Unit of the Correctional Facility utilizes a comprehensive approach combining both medical as well as mental health services to provide the highest quality care to population [sic] served. CBH Medical, P.C. is contracted to provide these services. The health team continues to meet the demands of a growing population while containing cost and maintaining standards set forth by accrediting agencies.
The accrediting agency is the National Commission on Correctional Health Care (NCCHC).
NCCHC is reputable and widely accepted throughout governments. Some insight can be found here, https://nicic.gov/correctional-health-care-guidelines-management-adequate-delivery-system.
Notwithstanding, a reading of court cases –– decisions and briefs –– will leave one scratching behind the ear asking, how did the Broome County Jail land these accreditations? See any “Annual Report” –– https://www.gobroomecounty.com/sheriff.
The BCSO 2017 Annual Report (p. 64) touted the same outside for-profit medical services Correctional Medical Care, Inc. (CMC) stating in part: “The Health Services Unit of the Correctional Facility has a comprehensive medical unit approach that combines both the medical services and forensic mental health service under one provider. Correctional Medical Care is contracted with the county to provide these services.”
Tragically, CMC under Harder was the very same in place treating inmates who had died. Further, insofar as mental health –– one need only to revisit AT et al. v. Harder et al. (above). See also “11th Inmate Found Dead Following Medical Neglect at Broome County Jail” found here, https://bit.ly/3nJ8DxD. Compare “We Are not Going to Rest” found here, https://www.vera.org/in-our-backyards-stories/we-are-not-going-to-rest (under CBH Medical, not CMC, albeit the latter joined at the hip to the former).
Tragically, far too many voices become still whilst those troubled voices under Harder’s care eventually become but a passing moment to those who at one time took a defiant stance against the abuse(s).
Arguably, we find ourselves living for the cause –– at a given moment –– we protest and write yet the only action these corrupt players understand –– and hurts –– is a legal blow to their hidden agendas and a past that they would like to forget –– and a constant pelting of legal actions and publications to reach their constituents. Indeed, without the latter one need not silence their voice for it will be silenced by those who blindly support their public leaders, elected and/or appointed.
Frank Santangelo