Massachusetts Law Enforcement Network

Massachusetts Police News, Information and Discussions on MassCops

Posted by: fscpd907

State to take 30 county prisoners

Glodis in bind over crowded jailhouse

By Gary V. Murray TELEGRAM & GAZETTE STAFF
gmurray@telegram.com
WORCESTER— Fallout from a federal court order to ease overcrowding led to a late night at the new Worcester Trial Court.

On Tuesday, instead of being transported to the Worcester County Jail and House of Correction at the end of their court appearances — the usual procedure — a dozen prisoners were held into the night at the courthouse lockup.

All of which left Sheriff Guy W. Glodis in a legal bind yesterday when a state court judge ordered him to take steps that could put him in violation of a federal judge’s order.

The sheriff has been looking for a solution to overcrowding at the Worcester County Jail and House of Correction in West Boylston. Late yesterday, the state said it would help Sheriff Glodis by taking 30 county prisoners into the state system.

Under an order issued in August by U.S. District Court Judge Rya S. Zobel, the Worcester County Jail and House of Correction in West Boylston may now house no more than 1,451 inmates, a number that will be reduced to 1,351 on Nov. 1 and to 1,251 on Dec. 1.

In an attempt to comply with the terms of the federal consent decree, first issued in 1989, Sheriff Glodis refused to accept a dozen pretrial detainees Tuesday night, temporarily leaving them in the custody of court officers in the lockup at the new courthouse on Main Street.

Prisoners are usually returned to the county jail by late afternoon. Court officers stayed beyond their shifts.

Later Tuesday evening, Judge Paul F. LoConto, the presiding justice of Central District Court, ordered the release of six of the inmates by reducing their bails to personal recognizance, according to Deputy Jail Superintendent Jeffrey R. Turco. The last of the remaining six were transported to the jail about 9:30 p.m., five hours after the courthouse normally closes for the day, and then only after arrangements were made to free up six jail beds.

Jail officials met yesterday with Superior Court Judge John S. McCann and representatives of the office of District Attorney Joseph D. Early Jr. and the Superior Court Probation Department to discuss the jail cap and try to come up with a plan that would enable the jail to comply with Judge Zobel’s order without releasing potentially dangerous prisoners into the community.

Judge McCann, one of the judges who has been reviewing the names of inmates submitted by the sheriff’s office to determine whether their release would pose a threat to public safety, asked Mr. Turco during the afternoon meeting whether jail officials planned to turn away pretrial detainees again last night.

When told that the jail was at its cap of 1,451 prisoners and was “compelled to follow that federal court order,” Judge McCann advised Mr.Turco that it was the sheriff’s legal obligation to accept prisoners who were unable to post the bail set by a judge.

“Custody attaches when bail is set. They’re your prisoners and they’re your responsibility,” Judge McCann said.

Mr. Turco responded that he would violate the federal consent decree if he was being ordered to do so, but said he wanted Judge McCann’s ruling in writing.

“I am going to order you now to get the vans rolling again and take in prisoners. That’s my order,” said an obviously angry Judge McCann, who went on to call the sheriff’s actions “outrageous,” and told Mr. Turco he wanted to meet with Sheriff Glodis at 9 this morning. The judge said he would not order the release of any more inmates at the jail until after today’s meeting.

Sheriff Glodis voiced frustration with Judge McCann’s order.

“It’s easy for a judge to get his feathers ruffled when he’s sitting in a new, spacious, $180 million, state-of-the-art Taj Mahal, while the rest of us are operating out of a decrepit, dangerously overcrowded institution that, quite frankly, the state should have addressed before today’s court session,” Sheriff Glodis later said.

Mr. Turco said it was “unfortunate” that a state court judge would order the sheriff to violate a federal court order. He said jail officials would comply with Judge McCann’s order before seeking guidance, and possibly a protective order, from the federal court.

Yesterday afternoon, the state Department of Correction said it would help Sheriff Glodis by taking 30 county prisoners into the state system. Mary Beth Heffernan, undersecretary for criminal justice in the state Executive Office of Public Safety, which directs the state prison system, said such a short-term solution has become commonplace throughout the state as the Patrick administration seeks long-term solutions to overcrowding.

In this case, prisoners taken from Worcester County will be prisoners who, at one time, were part of the state prison system, Ms. Heffernan said.

Judge McCann said during yesterday’s court session that he wanted to solicit input from prosecutors and probation officials before acting on the proposed releases.

“If I’m releasing sentenced people who should be doing time, that gives me great concern for the safety of the community,” he said.

The judge also suggested that jail officials would not necessarily be found in contempt of court for violating Judge Zobel’s order if they had a compelling reason for doing so.

“How can you possibly be held in contempt of court when you are faced with an issue that is releasing people who are a major danger to society?” Judge McCann asked.

Brian Knuuttila, general counsel for the jail, said jail officials shared the judge’s public safety concerns, but viewed Judge Zobel’s order as “sacrosanct.” He said alternatives to releasing inmates to comply with the federal cap were being implemented, including the expected transfer of 76 sentenced inmates to other county jails by Nov. 1.

District Attorney Early said he is opposed to releasing any inmates until all other options had been exhausted

Scott. J. Croteau, Shaun Sutner and Mike Elfland, of the Telegram & Gazette staff, contributed to this report.

---

Posted by: pahapoika

think Plymouth took some Worcester inmates as well

---

vBulletin Copyright ©2000 - 2008, Jelsoft Enterprises Limited.
vB Easy Archive Final ©2000 - 2008 - Created by Stefan "Xenon" Kaeser