Friday, September 23, 2005

Inmate hangs himself in county jail
Sheriff repeats plea to ease crowding

WEST BOYLSTON— A 35-year-old inmate committed suicide early yesterday at the Worcester County Jail and House of Correction, jail officials said.

Jason Smith, of Australia, hanged himself in his maximum security cell just after 6 a.m., according to Jeffrey Turco, deputy superintendent of the jail.

He left a suicide note tucked in a Bible, Mr. Turco said.

Correction officers used an electronic defibrillator to try to resuscitate him, but he was pronounced dead at 7:08 a.m., Mr. Turco said.

Mr. Smith was arrested in Holden earlier this month on misdemeanor larceny and check-forging charges. He was being held on $2,500 bail pending a scheduled appearance in Leominster District Court Monday.

When he arrived at the jail Sept. 2, Mr. Smith was placed on a 24-hour suicide watch after he refused to agree not to harm himself, Mr. Turco said. Mr. Smith, whom Mr. Turco said had an extensive criminal history, had no previous suicide attempts on record.

The next day, a mental health worker at the jail took him off the suicide watch after it was determined he was unlikely to try to kill himself, Mr. Turco said.

“He had the standard anxiety of anyone coming to jail,” he said. “He made no threats to hurt himself. There were no concerns. He didn’t complain about anything until, ultimately, this happened.”

Mr. Turco said jail records indicate that correction officers had patrolled Mr. Smith’s tier three times an hour before the suicide and had noticed nothing amiss.

Mr. Smith had originally been placed on a medium-security tier. He was moved to a single-inmate maximum security cell in the main older section of the jail complex after officials learned Mr. Smith had told Holden police that he had tried to escape from jail twice in his native Australia, Mr. Turco said.

Mr. Smith’s death was the third inmate suicide this year, and Sheriff Guy W. Glodis — who took office in January — said the death underscored the need for more space to reduce overcrowding at the jail complex by expanding it and hiring more correction officers.

The sheriff is seeking up to $100 million from the state Legislature for buildings to house 600 to 1,000 inmates. The jail now has more than 1,400 prisoners and pretrial detainees.

Sheriff Glodis said his most immediate need is for a high-security disciplinary unit to handle problem prisoners.

One way the sheriff has tried to deal with the overcrowding is by sending detainees who have previously served state prison time back to state prisons.

He said earlier this week that the jail is too crowded and is not equipped to accommodate female prisoners, as some prisoners rights advocates have suggested it do in light of the apparent fast-tracking at the Statehouse of at least part of the sheriff’s funding request .

In the wake of the latest suicide, the sheriff yesterday repeated his call for more space at the jail.

“This unfortunate incident confirms what this administration and the Central Massachusetts legislative delegation has been saying since January, that there has been a desperate need for additional resources and increased staff,” he said. “It is much needed to ease jail overcrowding, and dumping an additional 100 female inmates into a facility that is already bursting at the seams is only going to make matters worse.”

Contact Shaun Sutner by e-mail at
ssutner@telegram.com.
 

June 1, 2005

Inmate died from ruptured spleen - Death certificate cites blunt impact

Worcester Telegram & Gazette (MA)

Author: Milton J. Valencia
 
WORCESTER - Daniel McMullen had mentioned the boots in his letter home, soon after getting 13 stitches to his upper lip. The black boots were worn by Dennis Hadley when he allegedly kicked Mr. McMullen in their jail cell the morning of Feb. 3.

"Jesus kicked me in the mouth while I was in my bunk with his steel toe boots on, were not even suppose to be allowed to have them in here," Mr. McMullen, 42, formerly of Douglas, wrote to a friend, after he was taken to St. Vincent Hospital at Worcester Medical Center for treatment.

Mr. McMullen, an inmate at the Worcester County Jail and House of Correction in West Boylston, returned to the hospital hours later, complaining of continuing chest pains. He died 20 days later, sparking a murder investigation that has made the pair of boots a central piece of evidence.

Officials say the investigation into the fight continues, but a death certificate released last month shows Mr. McMullen died of complications from a ruptured spleen due to blunt impact. It's the first official document that states he died from what it described as a scuffle in the jail. The manner of death is listed as homicide.

In letters he sent home, Mr. McMullen had written about the fights in the Worcester County Jail and House of Correction, where he was serving a six-month sentence for driving under the influence of alcohol, second offense. He told of how inmates would beat him and steal his things. In one case, an inmate urinated on his bed.

And on the morning of Feb. 3, Mr. McMullen wrote once again of getting beat up, this time by an inmate who called himself Jesus. He said he was kicked while lying in his bunk.

"Spent the morning at St. Vincents hospital getting stiches (sic) 13 upper lip split open," he wrote. "Anyway still have all my teeth. Nobody has been able to knock those out yet!"

It is believed to be the last letter he wrote before returning to the hospital, where he died after falling into a coma. Mr. McMullen also suffered from cirrhosis of the liver, which could have exacerbated his spleen injuries, the death certificate said. His sister authorized disconnection of his life support after doctors told her there was nothing more they could do.

Investigators from the jail confiscated Mr. Hadley's boots when they filed a charge of assault and battery with a dangerous weapon, a shod foot, in Clinton District Court. Jail officials have since said that the boots are not steel-toed, but have confirmed they are black construction-like boots. In court records, one sheriff detailed how Mr. Hadley allegedly kicked Mr. McMullen in the mouth "while wearing a pair of black boots." The fight began after Mr. McMullen accused his cellmate of stealing his playing cards.

The assault and battery case in Clinton District Court is pending, but Mr. McMullen's death opened a new investigation, with the possibility of more charges. Mr. Hadley, 49, formerly of Rhode Island, was in jail awaiting burglary charges, and is still being held on $200,000 cash bail on the new charge and during the new investigation.

Sheriff Guy W. Glodis called for a second-degree murder charge the day after Mr. McMullen died, saying it would be appropriate for what he called an unprovoked attack.

District Attorney John J. Conte, however, has said he will decide what charge, if any, is appropriate, saying he would conduct an in-depth probe that would look beyond the fight and the boots and include how jail and hospital staff responded. Mr. Conte did not return a call for comment to his office yesterday, but has said the investigation is complex and continuing.

Jeffrey Turco, deputy superintendent of the jail, said yesterday that his investigators are working closely with detectives assigned to Mr. Conte's office. "We look forward to the appropriate charges being filed when the district attorney deems the case is ready," he said.

Still, in the days after the fight, before Mr. McMullen died, the jail had moved forward with its own case, accusing Mr. Hadley of beating his cellmate over playing cards in what was considered another fight at the jail.

"The above named defendant (Hadley) did kick McMullen twice in the mouth with black boots on his feet," one jail deputy sheriff wrote in a court filing, dated five days after the fight. "This assault caused McMullen to go to (a hospital). ... McMullen returned to the hospital on 2-3-05 with internal bleeding, and is presently in the ICU."

 

Sunday, April 24, 2005

No escape from mainline, even in jail

Yovino found heroin and death behind bars

By Milton J. Valencia TELEGRAM & GAZETTE STAFF

WEST BOYLSTON— The heroin and the addiction that killed John Yovino followed him from Fitchburg, a community known for its struggles with drugs and addicts.

At the Worcester County Jail and House of Correction, Mr. Yovino was far from Fitchburg’s Cleghorn neighborhood, far from the temptations of street dealers.

But in the jail’s Francis J. Deignan building, a medium-security unit, the hauntings of his past were only 10 cells away.

In Cell 17, there was a familiar name from his hometown: Victor Vargas, also known as Victor Sanchez, also known as a Fitchburg heroin dealer. The two men previously knew of each other by reputation, one of heroin and access to it, according to sources familiar with the investigation into Mr. Yovino’s death.

But in the Deignan building, their paths finally crossed when Mr. Yovino allegedly purchased two grams of heroin from Mr. Vargas, according to sources. Mr. Yovino was dead from an overdose the next day.

District Attorney John J. Conte will say only that the investigation into Mr. Yovino’s death is continuing. Mr. Vargas has not been charged with any crime related to the overdose. But he and his son, Soniell Sanchez, are considered prime suspects in the case, according to sources. Investigators have been told that Mr. Vargas had seven grams of heroin in the jail, which had been brought into the jail by visitors.

Both from Fitchburg and both confined in the Deignan building, Mr. Vargas allegedly was the dealer and Mr. Sanchez the enforcer in their drug transactions.

“Father and son,” one source said.

Mr. Yovino’s death remains the only one of three at the jail in the last two months that has not been solved. In two other cases, one inmate was beaten to death while another hanged himself. But the heroin that killed Mr. Yovino highlights a larger concern — how drugs make their way into the jail — and the investigation has been more complex, officials say.

Both suspects have a history of drug offenses, according to court records and criminal background checks. In 2002, Mr. Sanchez, 25, was sentenced to 90 days in jail after authorities found heroin in his cell. He had been awaiting trial for assault and battery on a child in Leominster. He eventually was convicted of beating his girlfriend’s 2-year-old daughter and was sentenced to 2-1/2 years in jail, to serve one year with the balance suspended.

He was released in February 2004 and ordered to undergo drug and alcohol testing as part of probation. He failed one of those tests, however, when he attempted to cheat by squeezing water from a napkin into a container. He later tested positive for drugs.

In August 2004, he was charged with, but not convicted of, conspiracy to violate drug laws. His probation was revoked, and he now is serving the remainder of the sentence for assault and battery on a child.

Mr. Sanchez was transferred to another, undisclosed jail in the state after Mr. Yovino died.

Mr. Sanchez was charged last year with conspiracy to violate drug laws during a raid at his Summer Street home in Fitchburg. His father had been the primary target of the raid.

Fitchburg police said at the time that Mr. Vargas, 54, was a known heroin dealer in Fitchburg. He had a history of drug convictions, and had been released from a state prison sentence the year before.

During the raid, in August 2004, police seized heroin, an undisclosed amount of cash and drug paraphernalia scattered throughout the house. Mr. Sanchez, on probation at the time, was in the bathroom.

Mr. Vargas was charged with distributing heroin, but in January pleaded guilty to a lesser charge of possession of the drug as part of a plea agreement. He was sentenced to a year in jail.

Five weeks after he was brought to the Worcester County jail, he was selling drugs again, according to sources. This time it was in West Boylston, but still to a Fitchburg customer, Mr. Yovino.



The morning of Feb. 27, a correction officer patrolling the Deignan block heard a noise from Cell 27, in the east wing. The officer inquired, but was told by one of the inmates that his cellmate was snoring. An hour later, the officer returned and heard no noise, Deputy Superintendent Jeffrey A. Turco said the day of the death.

By 3 a.m., the inmate who said his cellmate was snoring started banging on the cell walls to attract an officer. He said he was lying on the lower bunk when he felt something wet dripping on him and realized his cellmate was vomiting.

Correction officers and a nurse used defibrillators to try to revive Mr. Yovino, but to no avail.

Mr. Yovino died at a hospital. It was the second death at the jail in less than a week. Five days earlier, another inmate died of injuries he suffered in a fight with his cellmate. The deaths came less than two months into the term of newly elected Sheriff Guy W. Glodis, whose campaign included a promise to reform the jail.

The jail was immediately placed in lockdown, and all visits were temporarily banned. Officers swept the jail for drugs, and inmates in the Deignan facility were tested. Within two days, 16 of the 120 inmates in the Deignan facility tested positive.

New policies were immediately implemented, with jail officials saying they were certain the drugs were brought in through a contact visit, in which inmates are allowed to touch their visitors. Investigators have been told that Mr. Vargas hid the drugs in his anus after a contact visit, one source said.

Since the death, contact visits have been eliminated for all but the jail’s minimum-security inmates. Visitors face new restrictions, too. Anyone convicted within the last 10 years of possession of a controlled substance is banned from visiting the jail. Anyone convicted of distributing or trafficking a drug is banned for life under the new policy, and anyone who has served a criminal sentence anywhere in the country also is banned from the facility. Moreover, inmates can only have seven names on a list of those allowed to visit them. The visitors are subject to background checks.

The new policy stemmed from a campaign pledge Sheriff Glodis made to curtail drugs in the jail, saying they were prevalent under the previous administration. After the overdose, before his policies were enacted, the sheriff blamed the death on the old administration’s policies.

Cecile Yovino, Mr. Yovino’s mother who still lives in Fitchburg’s Cleghorn neighborhood, would not comment when contacted Friday, saying she still is extremely upset about her son’s death. She said in a previous interview that he leaves an 11-year-old son.

Mr. Yovino had been incarcerated on a probation violation on an assault conviction. It was his 11th time in the jail. Mrs. Yovino said earlier that she knows her son was no innocent bystander, but she expected that he would be safe while in the jail. Still, she doesn’t blame the jail, noting that no one forced her son to do anything and he was old enough to make his own decisions.

“Good or bad, they’re still your children,” she said after her son died. The investigation into how the heroin ended up in the jail quickly focused on Mr. Sanchez’s and Mr. Vargas’ past in Fitchburg, particularly 116 Marshall St., which the Sanchez family used as a base for their drug operation. The home was owned by Mr. Sanchez’s mother, Sonia M. Garcia, who is Mr. Vargas’ ex-wife, and a man named Javier Ruberte.

The mother and son had been arrested at that address before, as had brothers and girlfriends, and other friends.

In January, the U.S. Attorney’s office, working with Fitchburg police, seized 70 percent of the Marshall Street property as part of a settlement with co-owners Mrs. Garcia and Mr. Ruberte in U.S. District Court. Family members could not be reached for comment after calls were placed to several telephone numbers believed used by friends and members of the family.

Prosecutors filed the federal case to seize the Fitchburg home, arguing that it was used as a dispatch center for the heroin ring, according to a drug detective’s affidavit. As part of the settlement, the family will keep 30 percent ownership of the home and will receive that percentage of the proceeds when it is sold. Fitchburg City Hall records list the home as being owned by the federal government. It was the first home Fitchburg police seized as part of a policy to penalize homeowners whose land has been the target of drug raids.

The home had been the target of three police raids since 1996, all of which resulted in the confiscation of heroin and drug paraphernalia. In those raids, Mr. Sanchez was arrested; his mother was arrested; a brother, Victor, was arrested; and a family friend, Jacqueline Rodriguez, was arrested, all on heroin-related charges. In another police sting, called “Operation Dope Slap” and conducted in 2002, Soneill and another brother, Isaac, were charged with distribution of heroin. Both listed their addresses as 116 Marshall St.

Isaac Sanchez, Ms. Rodriguez, his girlfriend, their young child, and Sonia Garcia had visited Mr. Vargas in the jail before, according to sources. They now are banned, however, from the Worcester County jail under the new policy enacted after Mr. Yovino’s death.

Saturday, April 16, 2005

Sister: Jail should have seen signs

Inmate who killed self tried suicide last fall

By Milton J. Valencia TELEGRAM & GAZETTE STAFF

WORCESTER— An inmate who killed himself at the Worcester County Jail and House of Correction last weekend tried to kill himself six months earlier, when he was first brought to the facility, a jail official and the man’s sister confirmed yesterday.

“He had issues. He had a drug problem. He needed help,” Rachel Binette said, questioning why her brother was not on suicide watch.

Her brother, Ronald G. Binette, 33, who gave authorities addresses in Worcester, was found Sunday morning hanged from a doorway in a second-floor bathroom in one of the jail’s modular buildings. The body was discovered shortly after Mr. Binette was reported missing during a routine count of prisoners.

Jail officials have said Mr. Binette did not exhibit any behavior that would lead them to believe he would kill himself. They said he sought medical help for chest pains Sunday morning, showing officials he cared about his health.

“All the indications from his interactions with staff that morning … were he was not someone who was going to kill himself,” jail Deputy Superintendent Jeffrey Turco said yesterday.

But Mr. Binette had tried to kill himself at least twice before, most recently in October, when he was first taken to the jail.

Mr. Binette was arrested for disturbing the peace in October, and was sentenced to the jail in November. Worcester Central District Court records show he was listed as a suicide risk when he was arrested.

Soon after being taken to the jail, he slit his wrists in an attempt to kill himself, his sister said.

“I think he tried to get help from the jail, but they didn’t help,” Ms. Binette said.

She said she feared for her brother, who was homeless and had a drug addiction. Worcester police records show Mr. Binette attempted to hang himself while he was being booked for an arrest in 1991, when he was 19 years old.

At one point last year, Ms. Binette said, she became worried about her brother after a chance encounter with him. She sought a court order to have police take him into custody because she feared he would try to kill himself. However, police couldn’t help her because she had no address for him and couldn’t tell them where to find him.

Ms. Binette said she was notified by jail officials after the attempted suicide in October, and said her brother sought help. The jail has several mental health counselors through a private contractor, Advocates Inc. Jail correction officers are also trained in suicide prevention and to recognize warning signs.

Mr. Binette was released from the jail March 5 on probation. He was arrested again April 10 on a warrant for an alleged probation violation. The warrant had been issued March 11, and a hearing had been scheduled for May 4.

Two days after his arrest, Mr. Binette killed himself. “He was only in there for 48 hours,” his sister said.

Mr. Turco, the superintendent, stressed Mr. Binette did not show any signs he would kill himself, leaving jail officials to believe he was OK.

At 8:30 Sunday morning, inmates in the medium-security section of the jail were given a two-hour “yard time” to roam the grounds, but Mr. Binette instead went to the infirmary, complaining of chest pains.

He was examined quickly by a nurse, who told him he seemed OK but she would check on him soon for a full examination. A half-hour later, she did, and gave him a complete review in the infirmary. Mr. Binette seemed healthy and declined an offer to stay there for monitoring, Mr. Turco said. Two hours later, after a count showed he was missing, Mr. Binette was found, hanged with a sheet.

Mr. Turco said jail officials were aware of Mr. Binette’s past and said a majority of the inmates in the facility have a history of mental illness. He said the jail has no resources to put every such inmate on suicide watch, saying doing so would put hundreds of the jail’s 1,300-plus inmates on suicide watch each day. He said the jail makes sure to monitor an inmate’s health, and that Mr. Binette seemed OK.

Monday, April 11, 2005

Inmate found dead
3rd Worcester ’05 jail death

By Martin Luttrell TELEGRAM & GAZETTE STAFF
mluttrell@telegram.com

WEST BOYLSTON— An inmate at the Worcester County Jail died of an apparent suicide yesterday after complaining of chest pains, then declining an offer to remain in the jail’s infirmary for monitoring, according to Deputy Superintendent Jeffrey Turco.

The 33-year-old Worcester resident was found hanging by a bedsheet in a second-floor bathroom doorway at 11:10 a.m., about 5 minutes after he was noted missing during a routine head count, Deputy Superintendent Turco said. The inmate was pronounced dead at UMass Memorial Medical Center — University Campus, Worcester.

The death was the third this year at the facility, which houses the Worcester County Jail and House of Correction.

“At 9 a.m. he went to the infirmary complaining of chest pains,” Deputy Superintendent Turco said. “A nurse took his vital signs and did not detect any problems. He was asked if he wanted to be on medical watch, and he said no and left the infirmary. He was not acting in an unusual or threatening manner.”

Sheriff’s Department officers were trying to determine where the inmate went after that. The inmate, housed in the L building in the modular complex of the jail, had so-called “open yard” from 9 to 11 a.m. to walk about the yard, go to the infirmary or to religious services, held in the modular programs building, across the yard from the infirmary, the deputy superintendent said.

At 11:05 the inmate was reported missing, and that part of the facility was placed in lockdown while perimeter security and West Boylston police checked the area around the perimeter fence for someone trying to escape, Deputy Superintendent Turco said. Meanwhile, other officers went about checking every room in every building, he said.

“At 11:10 the inmate was found in a second-floor bathroom doorway, hanging from a door jamb. It appeared to be with a sheet or some similar type of cloth material,” the deputy said, adding that the sheet was tied to the arm of a device that automatically pulls the door closed.

“By statute, in Massachusetts, any time a death occurs inside the walls of a prison or county facility, the Massachusetts State Police assigned to the district attorney’s office will do an investigation,” he said. “It appears to be a tragic case of someone with issues that led to a suicide. The whole modular is in lockdown and will continue to be so until tomorrow morning.”

The state medical examiner’s office transported the body to Boston yesterday for an autopsy, he said.

Deputy Superintendent Turco said the inmate had been incarcerated at the House of Correction last fall, after being sentenced on convictions of larceny of more than $250 and possession of marijuana. He was subsequently released and was on probation, but was picked up Friday evening on a probation violation by a task force comprised of the sheriff’s department, the U.S. marshal’s office and state police.

He was being held as a pretrial inmate pending a probation surrender hearing, Deputy Superintendent Turco said. Since arriving at the jail on Friday, the inmate made no calls and had no complaints documented, he said.

•On Feb. 23 inmate Daniel McMullen, 42, formerly of Douglas, was beaten by another inmate and died 20 days later after slipping into a coma. The inmate who allegedly inflicted the fatal beating, Dennis Hadley, 49, formerly of Rhode Island, has since been transferred to Bridgewater State Hospital for psychiatric review.

•On Feb. 27 John Yovino, 38, formerly of Fitchburg, died at the jail of a drug overdose. He had been incarcerated for two months on an assault charge and parole violations.

Martin Luttrell can be reached via e-mail at
mluttrell@telegram.com.

County jail bans 500 from visits -
Two inmate deaths led to new rules
Worcester Telegram & Gazette (MA)
March 30, 2005
Author: Milton J. Valencia
More than 500 people have been banned from visiting the Worcester County Jail and House of Correction in West Boylston since a new policy and other reforms were enacted following two recent inmate deaths. Jail officials said the reforms help increase security in light of concerns about drug smuggling.

One potential visitor had been convicted of armed robbery. He was banned. Others banned had been convicted of selling drugs; one had been found guilty of distributing cocaine.

"Anytime someone convicted visits the jail, it is a security risk," said Jeffrey Turco, deputy superintendent of the jail. "Nobody gets in without a background check."

The policy was announced shortly after the deaths of two inmates this year. One was beaten by a cellmate, and died 20 days later of his injuries. Another died of a heroin overdose, showing inmates have had access to drugs inside the facility.

Immediately, Sheriff Guy W. Glodis canceled all visits to the jail, the facility was placed in lockdown and investigators worked to trace the source of the heroin. The investigation continues, but progress has been made, Mr. Turco has said.

As part of a predetermined plan, the jail had already planned to eliminate by April 1 contact visits, during which inmates were allowed to touch their visitors. The ban was enacted earlier because the administration believed the drugs were passed through contact visits.

In addition, the Glodis administration created a new policy putting more restrictions on those who can visit, as part of its plan to curtail drug smuggling into the facility.

Anyone convicted of distributing or trafficking a drug, and anyone who has served a criminal sentence anywhere in the country is banned.

Among the restrictions, anyone convicted of possession of a controlled substance is barred from the jail for 10 years after his or her conviction.

Inmates now have a limit of seven people they can put on a visitors' list, and those visitors are subject to background checks.

There were 1,358 inmates at the facility by the end of last week, and not all had finished filling out their visitors' request forms. Jail officials continue to review requests for visitors.

So far, 1,601 visitors have been authorized to enter the jail, and 516 have been banned. Of those banned, at least one had been convicted of attempted murder, and others were convicted of rape. Some had been incarcerated in other facilities before, so were banned by the new policy.

Under the previous administration, background checks were at random. Those barred mainly included people who had been incarcerated at the West Boylston facility less than six months before their requested visit.

Mr. Turco said the new policy puts more restrictions on visitors and has become a tool to screen them and curtail drug problems. The Glodis administration has long complained that drugs were prevalent in the jail, and the sheriff made the problem a campaign issue when he ran last year. Sheriff Glodis' administration took office in January.

Mr. Turco said the number of visits at the jail has dropped dramatically. First of all, he said, there are fewer visitors qualified to enter the facility. And, he said, reforms such as the elimination of contact could have deterred people who have attempted before to smuggle drugs to inmates.

In a recent meeting to discuss jail reforms, the Worcester chapter of the American Civil Liberties Union had voiced concern about screening all visitors, arguing that an inmate could put someone on a list who really doesn't want to be on a list. That person would be subject to background screenings, a violation of privacy rights, the ACLU argued.

Mr. Turco said that some people told they weren't allowed to enter the facility said they had no intention to visit.

Nevertheless, he said the jail has been following the ACLU's recommendations. A letter is posted on visiting-room walls telling people they could be subject to background checks. The jail has been studying policies in other county facilities to see how they handle visitors.

Among other reforms, the sheriff has instituted a zero-tolerance policy, promising to bring charges against anyone committing a crime.

Dennis Hadley, 49, who beat his cellmate, Daniel McMullen, 42, in a fight that led to Mr. McMullen's death, already has been charged with assault and battery with a dangerous weapon. District Attorney John J. Conte has initiated his own investigation and is considering murder charges.

Mr. Turco said the policy has made its way through the jail, and the inmates "know this administration is not messing around."

Recently, correction officers found an inmate with four home-made shanks in his cell. The inmate admitted they were his, but questioned what jail officials could do, saying he was to be released on an assault conviction in less than 10 days. "Before, they would just look at you and laugh," Mr. Turco said.

The inmate was supposed to be released March 27. However, he's being held on $15,000 cash bail on a new charge of possession of a dangerous weapon, and a charge of assault and battery on a correction officer.

 

Questions, grief still linger -
Officials investigating two deaths in jail

Worcester Telegram & Gazette (MA)
March 6, 2005
Author: Milton J. Valencia

In Fitchburg, a mother continues to mourn and wants justice. In Uxbridge, a sister has done her grieving and wants closure. And across the country in Arizona, another sister still has questions.

More than 1,300 inmates are in lockdown in the Worcester County Jail and House of Correction as detectives continue their investigation and Sheriff Guy W. Glodis and top aides are still recovering from the deaths of two inmates in five days. Talk of murder or manslaughter charges against a third and a heroin terror are running throughout the facility.

"You would think that's where they're safe," said Cecile Yovino, whose son, John Yovino, 38, died last week of a suspected heroin overdose.

However, she doesn't blame the jail. No one twisted her son's arms and he was old enough to make his decisions, she said.

Still, "Good or bad, they're still your children," Mrs. Yovino said. "All I hope is they find out what happened and that another mother doesn't go through what I'm going through again."

Mary McMullen knows what happened to Daniel McMullen and wants murder charges filed. Sitting in a hospital and watching her brother connected to machines to stay alive as she read letters he sent to a friend brought heartache, then prompted questions and anger.

Mr. McMullen had been incarcerated on a driving under the influence of alcohol as a second offense conviction and for parole violations. He also had been convicted for domestic assault and battery, but wasn't serving jail time for the offense. There was an additional conviction 20 years ago for assault charges.

But his letters told of his dreams of starting anew in a house he would build in a wooded lot, and undertaking a career as a mechanic. Suffering from sclerosis of the liver, he also talked about quitting drinking.

Mr. McMullen wanted to be released, but would first have to survive the harassment and abuse by other inmates, he wrote in those letters.

"He shouldn't have to serve the death penalty for driving drunk," his sister said.

The letters told of a life in jail where inmates steal one another's personal belongings in what officials have called a move for power in the jail's subculture. It isn't "Oz," the HBO series depicting a violent lifestyle in jail, but it isn't a country club either, they said.

"Welcome to jail," one officer told him, according to his letters.

Mr. McMullen, 42, had been moved to more secure areas twice. He had complained to administrators that inmates urinated on his bed and threw odor-filled objects in his cell.

He was eventually moved to the J block, the jail's disciplinary facility that also is used as a protective custody section.

There, he had different cellmates before meeting Dennis Hadley, 39, a man who told Mr. McMullen his name was "Jesus" and also wrote his own letters to family members about the struggles of existing in jail.

On Feb. 3, they fought over playing cards after Mr. McMullen accused his cellmate of 13 days of stealing his deck.

Mr. McMullen went to the hospital for stitches. He returned seven hours later after complaining of continuing pain and eventually fell into a coma. He was bleeding internally and his spleen had ruptured. Doctors told his sister there was nothing more they could do.

Inside the J block, cells built for one inmate house two individuals who are locked down together for 23 hours a day. They have an hour to shower and roam the area as one cell is opened at a time. Correction officers stand guard, watching as the inmates move around with their hands and feet shackled.

Here, inmates are either on disciplinary status, on suicide watch or in protective custody. It's the maximum-security section of a medium-security area.

Mr. McMullen and Mr. Hadley were both in protective custody. It's against state regulations to house a sentenced inmate and a pretrial detainee - Mr. Hadley was awaiting trial on burglary and larceny charges. District Attorney John J. Conte has said that violation is part of the investigation into Mr. McMullen's death.

But jail officials say the crowded jail - where more than 1,300 inmates live in a facility built for 822 - forces them to make arrangements to house inmates, particularly for those requesting protective custody.

"Is it better to mix a jail and a house together, or two people who can't get along?" said Deputy Sheriff Michael Drumstas.

He said Mr. McMullen and Mr. Hadley had the same classification, a measurement the jail uses to gauge an inmate's level of threat or need for security.

Correction officers see inmates at their worst and weakest in this facility, which was built for 60 but houses 100.

Locked in their tiny cells, which contain two beds and a urinal, inmates frequently scream whatever comes to mind, forcing officers to listen to the rants each shift.

"Hey Deputy, come here I want to talk to you," many yelled to Deputy Drumstas as he accompanied a reporter on a recent visit to the jail.

Officers check each cell every 15 minutes. The night of the fight, an officer conducting shower checks interrupted the two inmates after he heard the dispute. Previously, there was no known problem between Mr. McMullen and his new cellmate, jail officials said.

In Arizona, Mr. Hadley's sister, Dorothy, received news of what had happened in bits and pieces from a lawyer representing her brother on burglary and larceny charges. Mr. Hadley had been arrested on Thanksgiving, one day after returning to the area from Arizona. He was caught in a stolen car filled with items taken in a house burglary.

The lawyer read Dorothy a newspaper article about the fight over the phone and she thought of the letters her brother sent to her from jail, telling of his own struggles. At one point, he wrote, people would call him a "derelict" with no family. He asked for pictures to show he did have loved ones.

"I'm tired of getting into ... fights, I'm getting too old for this," he wrote in words quite similar to those used by Mr. McMullen in his correspondence. Mr. Hadley's sister wonders what could have triggered the fight between the two cellmates.

Mr. Hadley has been charged with assault and battery with a dangerous weapon, and investigators are considering murder or manslaughter charges. He has been transferred to Bridgewater State Hospital for psychiatric review.

A relative of Mr. Hadley's who answered the telephone at her Woonsocket, R.I., home last week said he was known to call himself Jesus, although his sister said she knew of no history of mental illness.

He was simply a drifter, the woman said, who returned to family in Rhode Island to come back to his native area. He had lived in California for a while and worked as a furniture mover before spending time with his sister in Arizona. He also has a 28-year-old son.

Uxbridge police, who arrested Mr. Hadley, said he had no address and was homeless.

Soon after he left her for New England, his sister started receiving his letters from the jail. She sent him money to buy envelopes, paper and stamps.

"He didn't think he (killed him)," Dorothy said. "He thought (correction officers) were just messing with him, trying to scare him."

In the Worcester County Jail and House of Correction, inmates are either awaiting trial or have been sentenced for a maximum of 2-1/2 years.

There's a main jail, built in 1973, and modular units built in 1990 that house medium-security inmates. There's a maximum-security unit, and prerelease and work release blocks.

Inmates are classified according to their threat level and need for protective custody. There's one unit - the K block - that is used for those in most need of security, typically child molesters, whose crime is detested even in the criminal world. Those who need additional security are brought to the J block, but doing so comes with a lockdown.

In other facilities, most inmates have recreation time that can be used playing basketball and lifting weights, watching TV or playing cards. Visits from friends and family are also allowed in those facilities. There are job training and education courses, as well as mental health counseling and social worker sessions.

It costs an average of $30,000 a year to house an inmate.

Sheriff Glodis, who took office on Jan. 6, arrived with an agenda to overhaul the system. Inmates who made progress would have more access to recreation time and to canteen items, a sort of bonus for good behavior.

In a crackdown, the sheriff planned to eliminate contact visits, face-to-face meetings, for most inmates, to be effective April 1. He said such visits are the way friends smuggle drugs and heroin into the facility. In his campaign speeches last year, the sheriff said combating a drug problem at the jail was one of his top priorities.

He also complained the jail was crowded and understaffed, creating an atmosphere in which tensions rise, inmates abuse and harass one another in power struggles and drugs are available.

In one week, six weeks after the new administration took office, the deaths of Mr. Yovino and Mr. McMullen cast a cloud over the sheriff's agenda as he sought to reload his efforts to secure the facility.

The deaths proved the sheriff's earlier concerns about the jail were well founded, Deputy Superintendent Jeffrey Turco said, adding that the suddenness with which they came proved a blow to a new administration trying to settle in.

Immediately, all inmates were placed in lockdown as investigators searched for the source of the drugs that killed Mr. Yovino. Inmates in the block that Mr. Yovino was housed in underwent drug tests and 18 tested positive.

All visits have been suspended and when they resume there will be new regulations.

There will be no more contact visits, and visitors will be screened before they enter the facility. Anyone convicted of a drug offence within the last 10 years would be banned. Anyone convicted of a drug distribution offense will be restricted for life.

There's also a new zero-tolerance policy. Any inmate caught in any crime, from vandalism to fighting and drug possession, will be charged.

Mary McMullen heard her brother was in the hospital when she returned home from rehabilitation for knee surgery. She got the news from her brother's friend, more than a week after Daniel had been taken to the hospital.

By the time Mary saw her brother, he had lapsed into a coma. All she knew about his life in jail was spelled out in his letters. She told doctors to disconnect him from life support, after days of watching him connected to machines, his skin yellow, his eyes rolled back.

In Arizona, Mr. Hadley's sister, Dorothy, has her own letters - the ones her brother sent complaining of abuse he said he had received at the jail. He had been in jail awaiting trial for burglary charges and now could be charged with murder. She is making arrangements to see him in Bridgewater State Hospital.

In Fitchburg, Cecile Yovino said she received a visit from investigators with the sheriff's office telling her that her son died in his sleep. The next day, she read in a newspaper that his death was because of a heroin overdose.

She knew her son was no angel, she said. He had been committed for two months on an assault charge and for parole violations. It was his eighth time in jail. In all his incarcerations, she figured he at least was safe from the drugs that plagued his life. He leaves an 11-year-old son.

D.A. probes inmate death; sheriff eyes overcrowding

WORCESTER, Mass. --Prosecutors have expanded their investigation into the death of an inmate at the Worcester County Jail, and the county sheriff said overcrowding may have been a contributing factor.

Daniel McMullen died at St. Vincent Hospital in Worcester on Wednesday, when his sister consented to removing him from life support. He fell into a coma days after he allegedly was beaten by his cellmate, Dennis Hadley, 49, during a fight over a deck of playing cards.

District Attorney John J. Conte told the Telegram & Gazette of Worcester that he is expanding the investigation into what happened. The probe will determine "whether or not ... (jail personnel) fulfilled what they should have fulfilled, according to their duties."

McMullen, jailed since November for a second drunk driving conviction, and Hadley, who was being held in lieu of bail on burglary charges, shouldn't have been held in the same cell, Conte said, because it's against the law to house a detainee and a jail inmate in the same cell.

The fight occurred on Feb. 3. McMullen received 13 stitches for a cut on his face. He was released but returned to the hospital seven hours later, complaining of continuing pain in his stomach and chest. He was diagnosed with internal bleeding and admitted to the hospital, where his condition deteriorated.

Hadley, who already faced assault and battery charges and was being held in isolation, is now likely to face more serious charges, Conte said.

Sheriff Guy W. Glodis sent a letter to Conte, calling for a second-degree murder charge against Hadley. Conte said a grand jury would determine the charges, if any.

Jeffrey Turco, deputy superintendent of the jail, said McMullen was transferred twice: soon after he first arrived at the jail and after his complaint about inmates urinating on his bed.

One problem is the jail is overcrowded, Turco said. There are 1,314 inmates, but the West Boylston facility has an intended capacity of only 822. On an average night shift -- the shift in which the alleged beating occurred -- there are only three correction officers guarding 120 inmates, he said.

McMullen was serving a six-month sentence.

The Telegram & Gazette reported that McMullen, who was gay, wrote letters to a friend complaining that other inmates were stealing his belongings. The letters gave no indication that he was harassed because he was gay, the newspaper reported. 

Cops: Man in stolen car had robbed a home

Woonsocket call.com

 JOSEPH B. NADEAU, Staff Writer 11/26/04

 UXBRIDGE -- A man believed connected to a housebreak in Mendon, an accident in Blackstone and a possible car theft in Woonsocket ended his Thanksgiving Day under arrest by local police.

 Police said Dennis Hadley, 49, no address known, was taken into custody at 4:50 p.m. after reportedly having trouble with the stolen vehicle, a 1999 Mercury.

 Uxbridge Police Sgt. Timothy Burke said Hadley apparently went to a local resident’s home looking for help after having trouble with the allegedly stolen vehicle, and was subsequently arrested by local police responding to the location.

The car was found to contain a number of collectible coins and other items believed taken from a home in Mendon, Burke said.

Police were still inventorying all the items late Thursday night and working with police in Mendon, Blackstone and Woonsocket on the case, he said.

Hadley was charged with possession of burglary tools and two counts of receiving stolen property as of Thursday night. He was set to be arraigned by Uxbridge police this morning in Uxbridge District Court and also faces arraignment on charges to be brought by Mendon in Mendon District Court, Burke said.

Other items found in the vehicle included collectible figures and statues, state-emblem quarter sets, collectible NASCAR models, some cash and other items, he said.

The vehicle driven by the suspect was confirmed by Woonsocket to have been reported stolen out that community, Burke said.

Blackstone police received a description of the car when it was reported to have collided Thursday morning with a vehicle on Main Street, according to police.

Uxbridge police later identified the car as the vehicle driven by Hadley prior to his arrest.

The suspect was reported to have recently been in Oklahoma, Burke said, and arrived in the local area possibly Wednesday.

Police were still investigating Thursday night if he had any ties to the local area. Burke said police believe Hadley acted alone in the alleged break, but noted the case remains under investigation.

 

Another inmate found dead -
Jail is placed in lockdown
Worcester Telegram & Gazette (MA)
February 28, 2005
Author: Milton J. Valencia
WEST BOYLSTON - An inmate at the Worcester County Jail and House of Correction died yesterday of a suspected heroin overdose, casting a cloud over Sheriff Guy W. Glodis's reform efforts. The 2-month-old administration is still reeling from the death last week of another inmate after a beating by his cellmate.

Jeffrey Turco, deputy superintendent of the jail, said yesterday that five blocks in the main section of the jail, housing 437 inmates, were in immediate lockdown as investigators brought in 10 police dogs to sniff for drugs and as correction officers searched each cell and inmate.

Investigators spent most of yesterday at the jail after correction officers found John Yovino, 38, formerly of Fitchburg, suffering from the overdose in his cell shortly before 3 a.m.

Mr. Yovino was pronounced dead when he was taken to the hospital, the victim of a suspected heroin overdose, Mr. Turco said.

Mr. Yovino was in the jail's Francis J. Deignan building, a medium security facility in the main part of the jail. He had been committed to the jail for two months on Jan. 28 for an assault conviction and parole violations.

The Deignan facility and three other medium security blocks and a maxim security facility were isolated as possible sources of the drugs. All visits to those facilities were suspended yesterday, Mr. Turco said.

Investigators worked yesterday to test each inmate in those facilities for drugs. They began with the Deignan building, testing 72 of the 128 inmates by 8 p.m.

Besides Mr. Yovino, 12 other inmates tested positive for opiates, believed to be heroin, and one tested positive for marijuana. Three inmates refused to cooperate in the test and were placed in disciplinary cells, Mr. Turco said. He said all those who tested positive for drugs will be charged with possession of a controlled substance, as part of the new sheriff's zero-tolerance policy against any crime.

Mr. Turco said a correction officer making routine checks of the Deignan facility heard a noise from one of the cells about 1 a.m. yesterday. The officer inquired into the sound, but was told by one of the inmates in the cell that the noise was his roommate's snoring. An hour later, the officer returned and heard no noise, Mr. Turco said.

By 3 a.m., the inmate who said his roommate was snoring starting banging on the walls to get an officer's attention. He told arriving officers that he was lying on the lower bunk when he felt something wet dripping onto him. He then discovered his cellmate vomiting and started banging on the wall, Mr. Turco said.

Correction officers and a nurse tried to use defilibrators to revive the inmate, but to no avail. "Basically, there was nothing they could do," Mr. Turco said.

He said state police detectives assigned to District Attorney John J. Conte, whose office must investigate deaths, were at the jail yesterday.

Mr. Conte's detectives are still investigating the death of Daniel McMullen, who was beaten by his cellmate on Feb. 3 after he accused the cellmate of stealing his playing cards.

Mr. McMullen, 42, formerly of Douglas, died Wednesday after his sister asked doctors to disconnect his life support. Mr. McMullen was taken to a hospital after the fight and received stitches to his face, but complained of continuous pain about seven hours later and was returned to the hospital.

Suffering internal bleeding, he fell into a coma, resulting in his sister's decision to disconnect life support 20 days after the fight.

Mr. McMullen's cellmate, Dennis Hadley, 49, formerly of Rhode Island, has been charged with assault and battery with a dangerous weapon, a shod food, and assault and battery. Mr. Conte said he expanded his investigation after Mr. McMullen died to consider murder and manslaughter charges, but will also review how jail officials responded to the incident.

The fight occurred in what is called the J Block, a segregation facility that houses inmates on disciplinary status, in protective custody or on suicide watch.

Mr. McMullen, incarcerated on a conviction of driving under the influence as a second offense, was there for protective custody, after complaining inmates in another facility abused and harassed him, at one point urinating on his bed. Mr. Conte has questioned why Mr. McMullen was put in the same cell as Mr. Hadley, who was a pretrial detainee with burglary and larceny charges pending. Mr. Conte said it is against the law to house a pretrial detainee with a sentenced inmate.

Mr. Turco and the chief steward representing the correction officers union said Mr. McMullen's death, while tragic, was the result of crowding at the jail, which, combined with an understaffed facility, contributed to unrest among inmates. The jail was built for 822 inmates, but at times houses more than 1,300, the officials said, stressing the result is a culture in which inmates assault and harass one another. They steal personal belongings as a sign of power, and the belongings then become a form of trade, the officials said.

Mr. McMullen had complained in letters to a friend that inmates stole his personal belongings and harassed him. Eventually, he started to fight back. Mr. Hadley allegedly beat him when he accused him of stealing his playing cards.

"It's a different culture; prison is a different culture outside regular law and order of society," said Michael C. Martin, chief union steward for the Worcester branch of the Massachusetts Correction Officers Federated Union.

Mr. Turco said yesterday that Sheriff Glodis, who took office Jan. 6, has tried to implement reforms to curtail such behavior. The sheriff had planned to eliminate all contact visits at the jail beginning April 1, saying face-to-face meetings give visitors an opportunity to smuggle drugs and weapons into the jail. Mr. Turco said investigators believe the drugs that killed Mr. Yovino were brought in through contact visits. Moreover, he said, the zero-tolerance policy is meant to discourage stealing and fighting.

The sheriff had also planned to implement a new policy giving inmates a maximum of seven people they can put on a visitors' list. Those names will be checked for a criminal history and will be entered into a jail database. Also, anyone who has been a prisoner at the facility will be banned from being a visitor.

Mr. Turco said jail officials believe former inmates sneak drugs and weapons to their old friends or gang affiliates. He said statistics show that other facilities that eliminated contact visits saw the number of visitors drop. Mr. Turco said the reason is people realize they can't sneak in contraband, so they stop visiting.

Mr. Turco said the contact visits are the primary way people sneak contraband into the jail.

The deputy sheriff said the reforms were supposed to be implemented April 1, but immediate restrictions were initiated while the investigation into the overdose unfolds.

Mr. Turco said the overdose and beating death affirm Sheriff Glodis' campaign speeches, in which the sheriff said drug use and assaults happen regularly at the jail, and blamed the past administration's policies for creating a climate for such incidents.

"Unfortunately, in this case (the speeches) proved to be a reality," Mr. Turco said. "It proves to us that the steps we are taking are needed and warranted."

He acknowledged that the deaths of two inmates in two weeks spotlights the new administration's work at the jail. But, he said, "You do not reverse 18 years of policy, failed policy, in six weeks."

 
 
Worcester sheriff orders jail inmates drug-tested
Boston Herald (MA)
March 1, 2005
 
The Worcester sheriff has ordered minimum security inmates to undergo random weekly drug tests in the wake of a suspected heroin overdose at the jail, the second death in five days.

John Yovino, 38, was found unconscious in his bunk at 3 a.m. Sunday after his cellmate banged on the steel door for help, Deputy Superintendent Jeffrey Turco said.

Yovino, who was serving a two-month sentence for assault and parole violations, was pronounced dead at the hospital despite desperate attempts to revive the Fitchburg resident with CPR and a defibrillator.

"The device wouldn't work. There was no heartbeat," Turco said.

Sheriff Guy Glodis instituted a zero tolerance policy when he took office Jan. 6 and pledged to prosecute any inmate who breaks the law, Turco said.

Glodis plans to charge 16 inmates with drug possession after they tested positive after a sweep of all 128 prisoners in the Francis J. Deignan building. Of those 16, 14 tested positive for opiates, one for cocaine and one for marijuana.

Turco said officials believe inmates received the drugs at contact visits, which have been suspended. Those in minimum security and work release will be drug tested.

Daniel McMullen, 42, of Douglas was taken off life support at a Worcester hospital Wednesday, 20 days after his cellmate kicked him in the head and torso during a fight over a pack of playing cards.

 

Jail tightens visitor rules after inmate OD -
Ex-cons face ban under new policy

Worcester Telegram & Gazette (MA)
March 2, 2005
Author: Milton J. Valencia
WEST BOYLSTON - Family and friends visiting inmates at the Worcester County Jail and House of Correction will face new restrictions the administration is developing after the death of an inmate in a suspected heroin overdose.

According to a draft of a new policy, anyone convicted within the last 10 years of possession of a controlled substance will be barred from visiting the jail. Also, anyone convicted of distributing or trafficking a drug will be banned for life, and anyone who has served a criminal sentence anywhere in the country will also be banned.

Moreover, inmates will have a limit of seven people they can put on a visitors' list, and those visitors will be subject to background checks.

"It's a question of security," said Jeffrey Turco, deputy superintendent of the jail. "Good citizens will be allowed to come to the jail, but those with criminal backgrounds, we'll do anything within the law to exclude them."

Mr. Turco said the policy is meant to curb drug transactions through visits, and dovetails with the elimination of contact visits in certain blocks in the jail.

Sheriff Guy W. Glodis had already planned to eliminate contact visits effective April 1, saying they are a way for visitors to sneak drugs and weapons to inmates. However, the administration has already suspended all visits after the death Sunday of an inmate of a suspected heroin overdose. Visitations, though there will be no contact, could resume once the new policy is instituted, Mr. Turco said.

In the meantime, he said, detectives are making progress in the investigation into the overdose and where the drugs came from. Mr. Turco would not discuss the investigation, but said investigators are "unequivocally" certain the drug was brought in through a contact visit.

John Yovino, 38, formerly of Fitchburg, died at 3 a.m. Sunday. His roommate alerted correction officers after seeing Mr. Yovino, incarcerated for two months on an assault charge and parole violations, vomiting. Staff tried to revive Mr. Yovino using a defibrillator, to no avail.

The death sparked an investigation and came after the death five days earlier of another inmate, who was beaten by his cellmate. Daniel McMullen, 42, formerly of Douglas, died last week after his sister agreed to disconnect life support. He had been in the hospital for 20 days and slipped into a coma. Doctors told his sister there was nothing more that could be done.

District Attorney John J. Conte initiated an investigation and is considering murder or manslaughter charges. The cellmate, Dennis Hadley, 49, formerly of Rhode Island, has been charged with assault and battery with a dangerous weapon (a shod foot) and assault and battery. He has been transferred to Bridgewater State Hospital for psychiatric review. Mr. Hadley had been awaiting trial on burglary and larceny charges.

Mr. Turco has attributed the deaths of the two inmates to what he called "failed policies" of former Sheriff John M. "Mike" Flynn's administration. He said Sheriff Glodis, who took office Jan. 6, highlighted drug problems at the jail in his campaign speeches and is only beginning to implement his policies.

Among them, any inmate committing a crime, from drug possession to vandalism, will face criminal charges.

Mr. Turco said the beating of Mr. McMullen, while tragic, is the culture of a jail that is overcrowded and understaffed, where inmates abuse and harass one another. Mr. Turco has released statistics showing the jail, built for 822 inmates, houses more than 1,300 on average.

The overcrowded and understaffed jail creates a climate where inmates steal from, harass and abuse one another, Michael C. Martin, chief union steward for the Worcester County branch of the Massachusetts Corrections Officers Federated Union, has said in defense of jail staff.

Mr. McMullen wrote in letters to his friends that he was being harassed by people stealing his personal items and that it was time he fought back. On Feb. 3, he accused Mr. Hadley of stealing his playing cards, and Mr. Hadley allegedly started kicking him, according to jail records and letters Mr. McMullen wrote to a friend.

Mr. Turco said the Glodis administration has cited the overpopulation at the jail and has lobbied for state funding for the possible construction of a new facility, saying the climate of an overcrowded jail allows fights to occur and for inmates to access drugs under correction officer watch.

In the meantime, the sheriff proposed the no-contact visits as a way to cut down on drug trafficking, which Mr. Turco said is the primary way drugs reach inmates. The new visitors policy will also help screen who is entering the jail, he said.

Inmate dies after cell fight -
Life support disconnected
cellmate charged with assault

Worcester Telegram & Gazette (MA)
February 24, 2005
Author: Milton J. Valencia
WORCESTER - Life in jail as Daniel McMullen knew it was about protecting his personal items, the stamps and envelopes he bought from a canteen, the new socks he bought, the letters he received from friends.

On Feb. 3, he was protecting playing cards, which his cellmate allegedly tried to steal, prompting Mr. McMullen, jailed for a second conviction of driving under the influence of alcohol, once again to try to defend himself at the Worcester County Jail and House of Correction.

This fight didn't send Mr. McMullen to a segregation unit, however. He was taken to St. Vincent Hospital at Worcester Medical Center, where a cut on his face was treated with 13 stitches. He was released, but seven hours later returned to the hospital after complaining of continuous pain. He suffered internal bleeding, and was admitted to the hospital.

During the next 20 days, family, friends and the correction officers who guarded Mr. McMullen saw his condition deteriorate to hopeless. Family members were eventually told there was nothing more that medicine could do.

Mary McMullen made the choice at 6:35 p.m. yesterday to disconnect her younger brother from life support. By 7:13 p.m., he was dead, leaving behind baffling questions of how a man who longed to finish a jail sentence so he could start a new life ended up in a hospital bed, with tubes in his body and machines monitoring what life he had left. Just a month ago, Ms. McMullen recalls, he was laughing at her about her own medical problems. Just a week ago, she found out he had been hospitalized and that his condition was grave.

"I see him healthy, laughing, and then this," Ms. McMullen said yesterday, before making the decision to disconnect life support. "Everything is shutting down, everything.

"I got called to pull the plug."

Jail guards have charged Mr. McMullen's cellmate, Dennis Hadley, 49, formerly of Rhode Island, with assault and battery and assault and battery with a dangerous weapon, a shod foot. He is still being held at the county jail in West Boylston, in segregation.

Mr. Hadley had been there in lieu of bail on charges filed in Milford District Court of breaking and entering during the daytime with intent to commit a felony, destruction of property over $250, larceny over $250 and larceny in a building. He also has charges pending in Uxbridge District Court of possession of a burglary tool and receiving stolen property.

District Attorney John J. Conte said yesterday that prosecutors learned of the seriousness of Mr. McMullen's condition during Mr. Hadley's arraignment on the assault charges in Clinton District Court. He said he directed state police detectives to investigate, and vowed to revise the charges against Mr. Hadley if Mr. McMullen died. Mr. Conte spoke yesterday before the victim's death.

Jeffrey Turco, deputy superintendent of the jail, said a correction officer was making routine checks about 2 a.m. Feb. 3 when he heard a dispute in a cell. The officer broke up the fight and separated the two inmates. By 2:30 a.m., a nurse had referred Mr. McMullen to the hospital for what appeared to be facial wounds. Mr. McMullen received 13 stitches and was released.

Later, the victim told jail authorities that Mr. Hadley had stolen his playing cards, and kicked him in the face when he asked for them back. Seven hours after he was released from the hospital, Mr. McMullen complained of continuing pain and a nurse recommended he return to the hospital, said Mr. Turco.

The deputy superintendent said a doctor told him Mr. McMullen had blunt trauma to the stomach and chest area, resulting in internal bleeding. He also had a ruptured spleen.

Ms. McMullen wonders what could have happened to her brother. She stared at him yesterday, his skin color yellow, tubes in his mouth, machines at his bedside. He was no fighter, she said, but he knew his body and she wondered why he had left the hospital in the first place.

Mr. McMullen had sclerosis of the liver, and could bleed internally if he didn't take his medicine, she said. He had an alcohol problem. He was serving a six-month sentence, Mr. Turco said, and had been at the jail since November. Mr. McMullen also had a history of assault and battery, charged with that on separate occasions in Uxbridge and Dudley 20 years ago.

Still, he was no fighting man, his sister said.

Mr. McMullen had been a different man lately, his sister said, and was trying to leave a life of crime behind. A man sentenced for what she considered a relatively minor crime shouldn't face the death penalty, she said. He wanted a new life. He wrote to a friend about buying a dream house on a wooded lot, with a fireplace. He also expressed interest in finding a job as an auto mechanic, continuing a 20-year career working on cars.

But he mainly wrote about getting out of jail first, and about his struggles with his fellow inmates, the ones who stole items from him and other newcomers.

On Dec. 6, he wrote about a friend who had his canteen items stolen when he went to the nurse's office, and how he did his best to hide his own things so they weren't taken. He wouldn't even help friends anymore because no one would help him.

"You no (sic) me, normally I would have gave him some of canteen, but when I got hit he just said o (sic) that's to (sic) bad, so I did the same. I'm getting there, no more Mr. nice guy," he wrote in the letter.

Eventually, Mr. McMullen's disputes with his inmates led to fights. "Just had my canteen taken while at lunch, but I got most of it back," he wrote. But he was tired of the fights, too. "I'm getting to (sic) old for this," he wrote in one letter. "Taken longer to heal."

Mr. Turco, the deputy superintendent, said Mr. McMullen had asked, three days after arriving at the jail, to be transferred to a cellblock where he would be protected. Mr. McMullen was a homosexual.

None of his letters indicate he was teased for being gay or that the fights involved his sexuality.

According to the letters, they were mainly about other inmates taking his things. In January, one of Mr. McMullen's cellmates complained to correction officers about their possessions getting stolen. But that was a "big no no," Mr. McMullen wrote. Retaliating inmates allegedly urinated on Mr. McMullen's bed and his cellmate's bed.

Soon after, Mr. McMullen asked to be transferred to a different cell, and the request was granted, according to Mr. Turco. He cited the move as evidence of jail authorities' willingness to work with inmates under a new zero-tolerance policy. Mr. McMullen had never named any of the culprits, however.

Jail officials then transferred Mr. McMullen to what is known as the J block, and he stayed there until the Feb. 3 fight. He had different cellmates, and on Jan. 25 Mr. Hadley was transferred to Mr. McMullen's cell.

Mr. McMullen wrote in a letter that Mr. Hadley liked to call himself Jesus Christ. He also told his friend to keep all correspondence with him "clean," because Mr. Hadley liked to read and he feared he would take the letters.

 

Kin ask justice for fatally beaten inmate
Boston Herald (MA)
February 25, 2005
Author: LAURA CRIMALDI
The family of an openly gay inmate who died Wednesday after being beaten behind bars by a cellmate vowed justice for their slain loved one as Worcester County's new sheriff blamed jail overcrowding for the death.

"Justice is what's going to come," said a distraught relative of Daniel McMullen, 41, who refused to give his name.

McMullen had been moved five times before being paired with his alleged attacker, Dennis Hadley, 49, on Jan. 25, said Jeffrey Turco, deputy superintendent at the Worcester County House of Correction.

His family took him off life support Wednesday after suffering injuries in a fight over a deck of cards with Hadley at 2 a.m. Feb. 3.

McMullen was initially given stitches at St. Vincent Hospital for facial lacerations.

Later that day, he complained of internal bleeding and returned to the hospital.

Turco said, given the jail's overcrowding, he didn't know how officers could have prevented the tragedy. The jail currently houses 1,314 inmates, but its capacity is 822.

While jail officials insist McMullen wasn't targeted for his sexuality, Peter Costanza, a staff attorney at Massachusetts Legal Services, said he should have never been given a cellmate.

"The two of them together is a big red flag. It means that the guy is at risk for being strong-armed for sex or being beat up," Costanza said.

Hadley is at Bridgewater State Hospital, while authorities consider murder charges.

 

Inmate's death: `This is murder' -
Sister wished for one last word
Worcester Telegram & Gazette (MA)
February 25, 2005
Author: Milton J. Valencia

WORCESTER - Mary McMullen walked out of the hospital room as nurses started walking in, preparing to disconnect her brother, Daniel, from life-support equipment.

She grabbed the magazines she had read while she sat there for days, watching him lie in a coma. She collected the letters he wrote to friends about his last days before he entered the hospital. And she took one last look, hoping he could say one last word.

"I'm just concerned I got called when he was in this position and not when he was awake," Ms. McMullen said minutes before her brother was disconnected from life support Wednesday evening. He died 38 minutes later.

Ms. McMullen longed for one last conversation with her younger brother, if only to find out how he had ended up in the hospital, a breathing tube in his mouth, machines connected to his body.

An inmate at the Worcester County Jail and House of Correction in West Boylston, he was beaten by a fellow inmate. A week after Ms. McMullen had been released from the rehabilitation center where she was recovering from knee surgery, she was told by a family friend that her brother was in the hospital. She called jail officials last week, but they would tell her little, she said.

All she could find out was that there had been a fight at the jail and that her brother was in the hospital. Last Friday, she was told she should come to see him. She figured the worst, and saw him at his worst. Five days later, and 20 days after he was brought to the hospital, Daniel McMullen died, at 7:13 p.m.

"I think this is murder," his sister said.

District Attorney John J. Conte said yesterday that he is expanding the investigation into what happened. Before Mr. McMullen's death, his cellmate Dennis Hadley, 49, had been charged with assault and battery with a dangerous weapon, a shod foot, and assault and battery. Mr. Conte said prosecutors learned of the seriousness of Mr. McMullen's condition when Mr. Hadley was arraigned in Clinton District Court on Feb. 18. The alleged fight occurred on Feb. 3.

Mr. Conte said state police detectives had launched an investigation after the arraignment, and that Mr. McMullen's death could trigger new charges. The district attorney said the detectives have experience investigating incidents at jails and will look into the alleged fight as well as how jail guards and other staff responded.

The investigation, he said, will determine "whether or not ... they (jail personnel) fulfilled what they should have fulfilled, according to their duties," Mr. Conte said. He questioned why Mr. McMullen was in the same cell as Mr. Hadley, who was being held in lieu of bail on larceny and burglary charges.

Mr. Conte said it is against the law to house a detainee and a jail inmate in the same cell, but left open the possibility of a satisfactory explanation.

Mr. Conte said the investigation "entails cooperation from the institution, which we hope to have, and we'll move with the facts."

Sheriff Guy W. Glodis sent a letter to Mr. Conte yesterday, calling for "your prompt pursuit" of a second-degree murder charge against Mr. Hadley, saying such a charge would be appropriate in this "tragic outcome." Mr. Conte stressed that it is up to him to determine if a new charge is filed, which could be murder or manslaughter, and that he would probably bring evidence before a grand jury. "Once we have that all together, we will bring necessary charges," he said.

Mr. Glodis said in his letter that, "I believe the circumstances and tragic outcome of this case warrant only the most severe of criminal penalties.

"Most important, if we are to ensure justice and even a modicum of relief for Mr. McMullen's family in a case that is both appalling and egregious in nature, only a second-degree murder charge would be appropriate."

According to jail officials, a correction officer was checking cells when he noticed Mr. Hadley and Mr. McMullen fighting. He broke up the fight, and within a half hour a nurse examined Mr. McMullen's facial injuries and recommended he be hospitalized.

Mr. McMullen received 13 stitches at St. Vincent Hospital at Worcester Medical Center and was released. About seven hours later, he complained of continuous pain and was brought back to the hospital, where his condition kept deteriorating. When Ms. McMullen arrived, doctors told her there was little medicine could do and she decided to disconnect her brother from life support.

Yesterday, she was still waiting for jail officials to return her brother's personal belongings.

"I don't know what the hell's going on, everything's falling apart," she said.

Mr. McMullen had been at the jail since October, serving a six-month sentence for driving under the influence in a second offense. He was paroled later that month, but the parole was revoked a week later when he was arrested for domestic assault and battery for an incident with a partner. Mr. McMullen was a homosexual, but no jail reports or letters he sent to a friend indicate he was harassed at jail for his sexuality.

Instead, he wrote to a friend that he was harassed by inmates who would steal his personal belongings. He would fight back, but acknowledged in the correspondence that the situation had become quite stressful.

On Feb. 3, he accused his cellmate, Mr. Hadley, of stealing his playing cards. Mr. Hadley then beat him, according to jail reports. A doctor told jail officials Mr. McMullen suffered blunt trauma to the chest and stomach area.

Jeffrey Turco, deputy superintendent of the jail, said jail officials knew of only one instance in which Mr. McMullen complained he was being harassed. In that case, he said inmates had urinated on his bed. He was transferred to a different cell block soon after the incident, according to Mr. Turco.

The deputy superintendent said jail officials try to work with inmates who have complained of harassment, and noted that Mr. McMullen was transferred twice: soon after he first arrived at the jail and after his complaint about inmates urinating on his bed.

Mr. Turco said that the death tragically evidences problems at the jail, particularly the crowding, which fuel a negative climate. He said harassment among inmates is "reflective of what happens in an overcrowded situation."

Letters reveal beatings, jail thefts

In the months before he was severely beaten and lapsed into a coma, Daniel McMullen corresponded frequently with a friend about his confinement in the Worcester County Jail and House of Correction and the dangers he encountered there.

Mr. McMullen's letters reveal a man frequently assaulted and robbed by other inmates, and whose complaints sometimes were ignored by correction officers. There was a brief reprieve after jail authorities tried to help by moving him to a cell in the facility's protective custody section because of the problems he faced, but the situation soon became worse.

Following are excerpts from some of that correspondence to the friend, who has asked that he not be publicly identified:

Mr. McMullen wrote about a friend who had his canteen (personal possessions) taken: "I have to hide all my stuff all over the room, so if they do hit me again I'll still have something I hope, but after the fights and my yelling and being way rude to all I don't think they will hit my cell again but I didn't think they would take this guy's stuff either but they did." (Dec. 6)

"I hate this sick feeling I have in my gut. Hate being on the verge of crying all the time ... like now." (Dec. 18)

"So much for the fight being over. Just had my canteen taken while at lunch, but I got most of it back - by force, but I got it. Then I got sucker-punched in the side of my face ..." (Dec. 27)

"I'd like to know where the C is in the word corrections. Around here, it's just legal crime ... feeding on the weak. Report it and you're told, `Welcome to jail.'"

Also, in the same letter, he speaks of a new inmate who has been harassed by other inmates. "You can tell the kid can't take it, so they pick on the weak - there are also the canteen bandits. I'm really hoping to get out of here and even just this block. I've seen a lot and dealt with a lot of people but never such low life's man." (Dec. 29)

"Hate to say this but even my meds can't break this depression. I'm just hoping I get out soon. ... They took my canteen again ... set off a milk bomb in the cell while we were in it. A milk bomb is a two-month old pint of skim milk that gets thrown in your cell and explodes. What a ... smell! Anyway, back to that story. Eight of us got locked up and sent over here (to protective custody). We got ... beat pretty good. I'm getting too old for this ... taking longer to heal.

"I'm in this cell 24 hours a day. Can have visits and get mail. That's it." (Jan. 10)

"Got envelopes. Also a roommate. I'm not supposed to have a roommate, but I got one. His name is Jesus Christ he says, I said OK." (Jan. 21)

On Feb. 3, Mr. McMullen wrote his friend that he had been robbed again and that he had spent the morning at St. Vincent Hospital at Worcester Medical Center "getting stitches - 13 - upper lip slit open. Jesus kicked me in the mouth while I was in my bunk. ... Anyway, still have all my teeth. Nobody has been able to knock those out yet! ... Seems I've wanted that hole in the ground to open up and suck me in. I'm tired of this." It is the last letter his friend received.

In a statement he gave to a correctional officer about his injuries, Mr. McMullen said his "cellmate took my playing cards. I asked for them back. He got mad and kicked me in the mouth. Twice. Then he kept yelling about Jesus."

About seven hours after he was released from the hospital, Mr. McMullen complained of internal injuries and was taken back to St. Vincent. A few days later, he lapsed into the coma.

Jail staff acted fast in attack on inmate -
Guard stopped fight seconds after alert
Worcester Telegram & Gazette (MA)
February 26, 2005
Author: Milton J. Valencia

WEST BOYLSTON - The fight in the Worcester County Jail and House of Correction that resulted in the death of an inmate and sparked a murder investigation occurred within a 15-minute time frame, a jail official said yesterday while describing how his guards handled the incident in an overcrowded cell block.

Deputy Superintendent Jeffrey Turco said jail guards reacted to the fight immediately and that a nurse promptly recommended Daniel McMullen be taken to the hospital.

Mr. McMullen, 42, formerly of Douglas, died Wednesday at St. Vincent Hospital at Worcester Medical Center after his sister told doctors to disconnect him from life-support equipment. He had been hospitalized since Feb. 3, when the fight occurred, and his health deteriorated to the point he lay in a coma. By the time his sister, who was recovering from knee surgery, saw him last week, doctors told her there was no more they could do.

Mr. Turco said a jail guard monitoring showers at 2:10 a.m. in the jail's J block, where Mr. McMullen was incarcerated, noticed a fight in a cell and quickly split up the two inmates. The J block is one of the jail's segregation sections and inmates there are either on suicide watch, are being disciplined or have been moved there for their own protection. They are in their cells 23 hours a day.

As part of routine checks every 15 minutes, a guard making rounds is required to touch a metal device at each cell that informs a supervisor the cell has been checked. Mr. Turco said the cells in the J block the night of the fight were each checked accordingly.

"It's typically one of the more secure buildings we have," he said.

Mr. McMullen had been moved to the J block for protective reasons, after complaining that other inmates had harassed him, in one case urinating on his bed, and stole his personal items in the K block. He had been moved to the K block after initially requesting in November to move to a protective custody cell because of his homosexuality. However, jail reports and letters he sent to a friend give no indication he was being harassed for his sexuality.

He did write to the friend that he was being harassed by inmates who preyed on those who were weaker, and that they frequently had stolen his canteen (personal) items. In one case, he said, inmates threw a "milk bomb" into his cell, prompting him to ask to be moved to the J block. A milk bomb is a carton of spoiled milk that emits a foul odor on impact. Eventually, Mr. McMullen wrote in letters to the friend, he started to fight back, and suffered several beatings.

"He finally had to stand up for himself, because you can't back down in there," said the friend, who asked that his name not be used.

On Jan. 25, jail officials moved Dennis Hadley, 49, into Mr. McMullen's cell. Mr. McMullen said in a letter to the friend that Mr. Hadley called himself Jesus Christ and that he feared the new cellmate would read his personal mail and steal his belongings.

On Feb. 3, Mr. McMullen accused Mr. Hadley of stealing his playing cards, and Mr. Hadley allegedly kicked him in the face. Mr. McMullen was taken to the hospital and received 13 stitches. He was released, but about seven hours later complained of continuous pain and was taken back to the hospital, where his condition worsened and he slipped into a coma.

Twenty days later, his sister, Mary, decided to disconnect life support. She never had a chance to speak to him.

The friend did talk to Mr. McMullen four days after he was taken to the hospital, but said it was a 10-minute conversation in front of a jail guard and that Mr. McMullen gave no indication of what had happened and said only that things would be OK.

Mr. Hadley, who was being held at the jail in lieu of bail while awaiting larceny and burglary charges, has been charged with assault and battery with a dangerous weapon (a shod foot), and assault and battery. He remained at the jail in a segregation unit after the fight, but on Thursday a psychologist recommended he be taken to the Bridgewater State Hospital psychiatric ward.

District Attorney John J. Conte said his office is expanding the probe beyond the assault charges, to include how jail officials responded, and will consider murder and manslaughter charges.

Mr. Conte also questioned why Mr. McMullen, who had been incarcerated on a conviction of driving under the influence as a second offense, was housed in the same cell as someone who was held awaiting trial, saying it is against state law. He said there could be a satisfactory explanation, however.

Mr. Turco said jail officials aren't sure what law Mr. Conte referred to, but said that overcrowding at the jail forced officials to house inmates as best as they could. Even in hindsight, Mr. Turco said, there was no alternative but to house the two men together, regardless of their trial status, because of the severe overcrowding at the jail.

Built for 822 inmates, the jail had 1,317 in custody yesterday. Even if all the detainees are moved from the jail, there would still be 876 inmates, he said.

Mr. Turco said that the death is a painful illustration of the challenges presented by the facility, where the overcrowding contributes to a negative climate. He called the harassment of inmates by one another a "prison-life issue."

According to Mr. Turco, on an average night shift - the shift in which the alleged beating occurred - there are only four correction officers guarding an average of 100 inmates. He said the block in which the fight occurred is built for 60 inmates but houses 90.

Union official: Jail's culture caused death
Worcester Telegram & Gazette (MA)
February 27, 2005
Author: Milton J. Valencia

WEST BOYLSTON - As tragic as it was, the death of Daniel McMullen was the result of prison life, where inmates are harassed and abused, where cells are crowded and facilities are understaffed, the head of the union representing correction officers said yesterday.

"The propensity for violence, the illegal activity, abuse, assaults on other inmates should not stun people," said Michael C. Martin, chief union steward for the Worcester County branch of the Massachusetts Correction Officers Federated Union.

"That is their life, that is their culture, and he became a victim of that," Mr. Martin said.

Mr. McMullen was transferred to one of the jail's more secure facilities, but it was still understaffed and crowded, Mr. Martin said.

He cited figures that the jail was built to house 822 inmates, but at times houses more than 1,300. In the meantime, he said, the jail remains understaffed, with staffing levels recommended for 60 inmates overseeing double that amount. Also, correction officers face a plethora of new problems in jails, he said, including mental and social illnesses and gang fights.

"Corrections personnel are there to maintain order, security and stability, and to ensure the safety of inmates from one another," Mr. Martin said. "In order to administer that, you have to have sufficient staffing."

Mr. McMullen, 42, formerly of Douglas, was beaten on Feb. 3 by a cellmate he accused of stealing his playing cards. He was in a hospital for 20 days, where he slipped into a coma. His sister told doctors to disconnect life support and he died less than an hour later.

The cellmate, Dennis Hadley, 49, formerly of Rhode Island, faces charges of assault and battery with a dangerous weapon (a shod foot) and assault and battery. District Attorney John J. Conte said he expanded the probe after Mr. McMullen died to consider murder and manslaughter charges, adding that investigators will also review how jail officials responded.

He said Mr. McMullen was in one of the jail's more secure facilities - built for those being disciplined, on suicide watch or in protective custody - but it is still not protected from the culture of a jail, where cells are double-bunked and where inmates steal each other's personal items as a sign of power.

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