Commentaries on Local Justice by Bill Martin

Month: February 2024

New Sheriff, new jail? Don’t believe the hype

Rozann Greco and Bill Martin, Guest Columnists
Reproduced from Press and Sun Bulletin (Binghamton), Feb 9 2024 Opinion

Make no mistake: there is a new sheriff in town. David Harder, who ruled over the jail for 25 years, has finally left office. The election of Frederick Akshar gave us a very different person: 35 years younger, more energetic, an accomplished politician, and a hands-on officer. Recently, Akshar distributed a first-year progress report. It was big news, extensively covered by local media.

There have been changes in the jail. Visitation hours have been extended to every weekday. This comes after Sheriff Harder lost a lawsuit and was forced to reopen visitation hours. Medically assisted treatment for substance users, so needed as we face an opioid epidemic, is now in place. This too was also the result of years of protests by families and community activists and is required by a new state law. Still, recent investigations reveal, however, continuing serious medical mistreatment at the jail.

A new food contract has also been signed, and fruit for the first time in memory has appeared on jail trays. Here again, this comes after widespread demands by families and hunger strikes by the incarcerated.

Akshar also celebrated the hiring of 31 new correctional officers. But was this wise? The number of persons in the jail has steadily fallen from over 500 to around 300. Here the county missed an opportunity to right-size the jail and transfer funds and jobs to county services where they’re most needed − particularly the Department of Social Services, which has over 80 unfilled, poorly-paid staff positions. One unannounced result of all this new funding: the yearly cost to keep one person in the jail is now the highest ever: $97,000. For one person the county could pay full tuition for 18 students at SUNY Broome.

Equally puzzling is Akshar’s claim that the county saved money by his discovery of $250,000 in overcharges by the private medical provider. Isn’t this simply theft from the county treasury? How long has this been going on? Why are there not criminal charges? Shouldn’t there be a county audit of jail finances as activists have long demanded?

More financial losses are coming. The Sheriff’s office and the county have recently lost two more abuse lawsuits, and more are underway. One settlement discovered a blatant coverup by jail officials of the beating of a young Black man. Another settlement required extensive changes in how the jail treats sexuality and gender, from housing locations to medicines to verbal, physical and sexual harassment. None of the specific policy changes have found themselves into the new jail handbook. None of the 16 officers mentioned have been disciplined or fired. What stops more abuse and more lawsuits?

Progress? Only in the sense of modernizing mass incarceration in response to a decade of protest by community organizations, and further centralizing county health care and finances in the jail for which there is little if any oversight. This is not a model for the future.

Rozann Greco is an Endicott resident and Bill Martin is a Johnson City resident.

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(Links added to original text)

Appended note: And on the same day the newspaper published another (yes another, just by chance?) op-ed by the Sheriff on how in partnership with local NGOs he protects female domestic violence victims–this from the man who, after a Black woman with a substance use problem miscarried under his care, stated to the press “that if it were up to him, he would charge X with the child’s death, but that is no longer an option due to New York’s 2019 Reproductive Health Act.” Yes, he is part of the fetal personhood movement, which pursues laws that grant fetuses the same legal rights as any person with the aim of making all abortions murder. The 2019 Reproductive Health Act protects access to reproductive rights throughout the state after Roe vs Wade was overturned]

NYCLU sues SCOC

Some good news:  NYCLU is suing the SCOC to get records of abusive correctional staff. Local activists have long fought to reveal the SCOC as an operation run by and on behalf of Sheriffs and mass incarcerators.  A somewhat dated background piece is on the Justice and Unity for the Southern Tier website here

The SCOC operates in almost complete secrecy: its January  3, 2024 meeting lasted all of one minute and six seconds, simply to go into closed, private session; the January  24th meeting lasted less than 3 minutes before going into private session.  It rejects 97% of the thousands of grievances it receives from county jails, taking 8 seconds to review each one.  That’s the state of NY justice under the SCOC.

Giving the SCOC more funds as some propose will not address this problem.  An independent oversight agency with representative members of the incarcerated community is what we need.

Recent local evidence of abuse is all too clear from the Vega and Holland lawsuits. Taej’on Vega won his lawsuit, filed by Legal Services of Central New York, documenting the jail administration’s and correctional officers’ coverup of his beating and mental and sexual abuse (read a summary here).

Makkyla Holland, a Black trans woman, won her lawsuit for discrimination and abuse on the basis of her sex, transgender status, and disability. NYCLU filed on her behalf against Broome County, the County Sheriff, the jail’s medical staff, and almost a dozen correctional officers. Officers beat her, subjected her to illegal strip searches, and denied prescribed medications including antidepressants and hormone treatments.

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