Why does a inmate collapsing on a recreation yard equate to an FDLE investigation, but two inmate deaths apparently involving falsification of records does not meet the requirement of an FDLE investigation?
Updated July 3, 2010
“The administration of justice is the firmest pillar of government”- U.S. President, George Washington
VolusiaExposed.Com notes that Governor Crist's office has instructed the Florida Department of Law Enforcement to investigate the events surrounding the collapse of a inmate on a prison recreation yard.
While we support that the above event deserves an FDLE investigation, we are left wondering why FDLE refuses to investigate our concerns surrounding two inmate deaths at the Volusia County jail. Both of these deaths appear to involved the falsification of records by correctional staff.
The most recent death occurred in September 2009. Tracy Veira, a mother of two young children died in the Volusia jail while under medical observation for drug withdrawal. Ms. Veira was under a fifteen minute observation watch.
Inmate Veira was discovered dead just before 10AM. However, an hour prior to her discovery she was documented by staff as talking with them, standing at her cell door, using the toilet, breathing on her bunk,etc. (she was found dead - face up on the cell floor).
Volusia County Sheriff Office's Major Case Investigator Campanella arrived shortly later and noted in his initial report that both he and Medical Examiner Tech. J. Lunt both suspected that Inmate Lunt had been dead longer than the last documented interaction with correctional staff. Campanella noted that Inmate Veira's body had both rigor mortis and lividity that were not consistent with correctional staff last observations of her being alive.
Correctional staff had documented their interactions with Inmate Veira on her Record of Segregation form (commonly known as a VCDC 52). According to this document Inmate Veira stood 8AM head count and spoke to the Housing Unit Supervisor at 8:33AM and several entries up to 9:30AM that she was on her bunk breathing.
After Inmate Veira was discovered dead. Correctional Staff wrote their incident reports (commonly known as VCDC 401s). In this report the Housing Unit Supervisor (Sgt. Pendegrass) appears to retract her VCDC 52 entry. Ofc. Gardner states that Inmate Veira was observed at 8:45AM on the toilet and standing at her cell door at 9:00AM. Ofc. Bryant reports that Inmate Veira was on her bunk at 9:15AM and 9:30AM. At 9:54AM, Inmate Veira was discovered on her cell floor, face up already apparently dead. Emergency Medical Services were called and Inmate Veira was declared dead at 10:12AM (within four minutes of EMS arrival). However, it is pretty clear by Investigators Campanella's and Lunt's observations of Inmate Veira's body that she was already long dead prior to being discovered on the floor.
Although Investigator Campanella stated in his initial report that the inconsistencies in the rigor mortis-lividity issues and the officers' last living observations of Inmate Veira would be addressed, his final report appears not to address this topic. Investigator Campanella final report appears to ignore Ofc. Gardner's account that she observed Inmate Veira standing at her cell door at 9:00AM - which is fifty-four minutes prior to discovering her on the cell floor and just one hour and twelve minute before EMS declaring her dead. Is being alive and standing in front of her cell door at 9:00AM consistent with Investigator Campanella's and Lunt's observations of rigor mortis and lividity shortly after EMS declaring her dead? Why did Investigator Campanella final report leave out facts and failed to address the rigor mortis and lividity issue?
Did correctional staff falsify reports? Why didn't Campanella or Lunt follow up on their initial concerns? Why did Campanella final report leave out Ofc. Gardner's VCDC 401 observation of Inmate Veira standing at her cell door at 9:00AM?
The County Jail, the Sheriff Department and since Volusia County is a HOME RULE county, it's Medical Examiner's office are all ran by Volusia County Government. Was this death investigation manipulated to reduce the county's civil liability? Is there a possible conflict due to the fact that Investigator Campanella's chain of command has the spouse of an Assistant County Attorney, that has a history of handling civil suits coming from county jail?
Is it possible that internal political pressures are manipulating investigations within the Volusia County Department of Public Protection (jail, medical examiner) and the Volusia County Sheriff Department? Possible, yes, but only an outside independent investigation will resolve these suspicions.
It has been less than ten years since an employee of the Orange County Medical Examiner's office alleged that he was pressured to modify a death investigation involving a jail inmate's death in order to reduce the county's civil liability.
We have requested that our local State Attorney investigate these concerns. However, as many of us can remember, the current State Attorney secured his current political office by being somewhat critical of the past State Attorney's investigation into the Flagler county jail. This Flagler county investigation made the national media circuit. So far, we are unaware if the State Attorney is conducting an investigation into our concerns.
We, therefore, shall approach the Governor's office and see if he see that our concerns deserve the same attention (FDLE investigation) as did an inmate collapsing on a recreation yard.
We will keep you (our readers) posted on any developments.