Pete Earley

(A response to Prosecutor Stolle’s letter from Matthew’s mother has been added at the end of this blog.)

8-13-20) The prosecutor who sent Matthew Rushin to prison for causing a three-car, non-fatal accident is fighting back against complaints by Rushin’s parents and supporters that the young autistic black man was treated unfairly.

Virginia Beach Commonwealth Attorney Colin D. Stolle has told Virginia Governor Ralph Northam that pleas in social media and news accounts by Rushin’s supporters for a pardon are “so far removed from what actually took place” that the governor should ignore them.

“Numerous social media posts, and the pardon request itself, are filled with misinformation and inaccurate facts in an effort to gain some sort of clemency for Mr. Rushin,” Stolle stated in a letter dated July 9th, that was forwarded to me yesterday. He wrote his letter after more than a hundred Rushin’s supporters marched in protest of his imprisonment and Washington Post columnist Theresa Vargas publicized his plight.

On Monday, I posted a blog about Rushin and email interview with his parents under the headline “Autistic Black Man Sentenced To 50 Years in Prison For Non-Fatal Accident: Parents Outraged, Asking Va. Gov. To Pardon Him.”  It explained that Rushin had been sentenced to 50 years in prison, with all but ten years suspended if he didn’t get into trouble after he’d served his time, because a vehicle that he was driving crashed head-on into oncoming traffic on January 4, 2019, injuring four, two seriously. The police and prosecutor said Rushin was trying to kill himself and intentionally caused the crash, which is why he was initially charged with attempted murder and received an unusually long prison term for a non-fatal collision. (The state’s guidelines called for a maximum of 6 years and four months, but the sentencing judge ignored that recommendation and imposed the 50 year sentence.)

Demetrius and Lavern Rushin and supporters insist Rushin lost control of his car, say he wasn’t trying to end his life, and argue that the police officers who responded to the accident pressured him into making incriminating statements. His parents also have said that white defendants charged in more serious car accidents in Virginia Beach have been treated less harshly than their son.

Rushin was diagnosed with ADHD and Asperger’s Syndrome as a child and later experienced a traumatic brain injury that made him easy to manipulate, his parents noted.

In addition to his letter to Northam, Prosecutor Stolle delivered an internal affairs summary to the governor prepared by interim Virginia Beach Police Chief Anthony Zucaro, which found no fault by his officers or the prosecution.

At the heart of the dispute is whether Matthew Rushin was attempting to end his own life.

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(8-11-20) I am sad to report that Norman Carlson, who served as director of the federal Bureau of Prisons (BOP) from 1970 to 1987, died Sunday at the Mayo Hospital in Phoenix, Arizona. Yesterday would have been his 87th birthday, his daughter, Cindy Gustafson, told me in an email. He died from aggressive lymphoma.

I first met and came to greatly admire Mr. Carlson in the mid-1980s while working as a reporter for The Washington Post and later when I spent time interviewing him for several days at his former home in Minnesota about his career for my bestselling book, The Hot House: Life Inside Leavenworth Prison.

He was regarded as one of the best federal managers in Washington and a leader in modern day corrections. He was also a remarkable man.

In a biography of Mr. Carlson, entitled A Model of Correctional Leadership: The Career of Norman A. Carlson, author Clemens Bartollas noted that he’d interviewed 80 individuals who knew Mr. Carlson well. The interviewees “in one way or the other, reported the same message – it was a honor to work for and with this individual: he was a remarkable human being, an amazing leader, and a great man,” Bartollas wrote.

Mr. Carlson looked exactly like what one would expect of a prison warden. Tall with broad shoulders, he had close cropped hair and no nonsense demeanor. But the harsh stereotypes that usually accompany that image belied a basic goodness in him. I remember during our first meeting when he explained to me that it was not the BOP’s job to punish inmates. Punishment was removal from society as ordered by a judge and courts. A correctional officer was responsible for keeping an inmate safe, locked up, and given what he/she was due.

Before Carlson took charge as director, the federal prison system was a series of fiefdoms each operated by an all powerful warden who tended to do whatever he wanted and much of that was not good. Much like McDonalds changed fast food by standardizing menus, quality and service, Carlson unified the bureau and introduced and enforced high standards of employee conduct and services.

As part of his drive for professionalism, he encouraged his employees to see themselves as “correctional officers” not guards. Prison assistant wardens were expected to wear suits and ties, and told to make themselves available by standing “mainline.” Each day during the noon meal, all a prison’s senior officials were required to stand in the dining hall while inmates ate. This provided inmates an opportunity to talk to staff members without being accused of being a snitch. In the old days, convicts always went in pairs to speak to a prison official. This enabled them to vouch for each other when they returned to the cell house, thus assuring other inmates that neither had snitched. Now because convicts could walk up to a prison official in the dining hall and talk in full sight of everyone, there was no need for a witness. If others suspected an inmate of snitching, they could walk up beside him and overhear what he was saying to staff. There was another more subtle reason for standing mainline. It was a reminder that despite the fact that the staff was vastly outnumbered and completely unarmed, they were in charge.

Shortly after being named director, Carlson disciplined officers who’d beaten an inmate, sending a clear message that he had zero tolerance for prisoner abuse.

Another managerial hallmark of his tenure was cleanliness and order. Mr. Carlson viewed a dirty prison as a sign of poor management, consequently floors were highly polished and walls kept painted. One legendary story described how a warden in the Northeast had his staff sprinkle flour on freshly fallen snow before the director’s visit because some of the snow had turned muddy and brown. The warden in Leavenworth, when I spent a year there, cleared everything – including his phone – off the top of his desk before leaving each night.

Mr. Carlson regularly visited prisons, often with his family, and insisted on eating with prisoners, to show that the food was good enough for his own family.

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Matthew Rushin

(8-10-20)

As long as Matthew is behind bars, we are behind bars.  There is not a moment during the day that I don’t think about Matthew.. I live, eat, sleep thinking and worrying about Matthew Rushin.  …When I’m eating, I think, “what is Matthew eating.”  When I lay on my comfortable bed, I wonder what Matthew is sleeping on.  I worry about what medication they are giving him or will give him.  I don’t want him to be tranquilized, then have someone attack him while he is so vulnerable.  He’s been attacked twice.  I asked him what he did when he was attacked, and he told me he just blocked the blows; he didn’t fight back. – Lavern Rushin.

The parents of a young black man, who was diagnosed with ADHD and Asperger’s Syndrome as a child and later experienced a traumatic brain injury, are asking Virginia Gov. Ralph Northam (D) to pardon their son and free him from prison after he received a 50 year prison term because of a three car, non-fatal accident. All but ten years were suspended conditional on his continued good behavior after the ten years are served.

It is usual for a car accident to draw such a lengthy prison term, but police and prosecutors claimed that Matthew Rushin, age 21, was attempting to kill himself when his car crossed a median in Virginia Beach and collided head-on with another vehicle January 4, 2019, seriously injuring its driver and causing that car to strike another one.

Matthew’s parents, Demetrius and Lavern Rushin, insist their son was not trying to end his life. He simply lost control of his car. They have accused the police of ignoring their department’s guidelines that describe how individuals with mental illnesses should be questioned. They also have accused prosecutors and the sentencing judge of treating their son, because he is black, much more harshly from white defendants involved in much worse traffic fatalities in their jurisdictions.

More than 166,000 supporters have signed a petition urging Matthew’s release. More than a hundred supporters marched in protest of his imprisonment and Washington Post columnist Theresa Vargas has publicized his plight. Terra Vance has written extensively about the case on the Autism website NeuroClastic, including video of the police interrogation of Matthews.

What evidence is there that Matthew was attempting suicide?

In an email, Matthew’s parents wrote that after Matthew freed himself from the wreckage of his car, he was physically detained by two witnesses. The driver of one of the cars hit in the accident angrily yelled, “Are you fucking trying to kill yourself? Are you trying to kill us?” One of the police officers said he overheard Matthew say in response, “I was trying to killing myself.”

“Repeating words and phrases are how autistic people process language, especially when under stress,” his parents note.

When the police arrived at the accident, Matthew’s actions and statements were recorded on police body cams – more than 12 hours worth. A total of 17 officers came to the accident. Three of them were not wearing body cams. Those three claimed, without evidence, that they overheard Matthew say that he was trying to kill himself. This alleged statement was reportedly overheard minutes after Matthew climbed out of a vehicle where he’d just had a high speed collision – during which he had lost consciousness.  During the 5 1/2 hours when he was interrogated by police he never wavered that this was not an attempt to kill himself.

Matthew’s father arrived at the accident to help his son, he was stopped and barred by police from speaking to Matthew.

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Church bulletin at Jamycheal Mitchell’s funeral

(8-6-20) The Justice Department’s Civil Rights Division has proposed a consent decree with the Hampton Roads Regional Jail Authority, hopefully closing one of Virginia’s most egregious chapters involving abuse of a prisoner with a serious mental illnesses. If approved by a judge, the jail will be required to implement numerous reforms, including better care for its mentally ill inmates, more staffing, and adherence to the Americans With Disabilities Act.

The federal government stepped in because jail and state officials covered-up and did their best to ignore the August 2015 death of Jamycheal Mitchell, who suffered from schizophrenia and bipolar disorder.

The question we should be asking is whether our elected leaders have learned anything and taken steps to avoid future bureaucratic blundering if a death happens in a jail.

An autopsy concluded that Mitchell had died from a heart attack caused by “wasting syndrome,” which meant he’d starved himself to the point that his heart failed. Mitchell weighed 190 pounds when he was arrested for allegedly stealing $5 worth of snacks from a convenience store. The autopsy listed his weight at death as 144 pounds. Mitchell was waiting in the jail for 101 days for a state hospital bed to become available. After his death, hospital officials admitted that his transfer paperwork had been tossed in a drawer and forgotten. Guards were supposed to eyeball Mitchell each half-hour, and once a day he was supposed to be checked by a nurse employed by a for-profit company called Naph Care. There were no notations in his medical records that showed anyone had noticed his 46-pound weight loss.

It is surprising that  Virginia Attorney General Mark Herring was credited in a Virginian-Pilot story this morning for requesting the Justice Department get involved.

It was the the National Alliance on Mental Illness of Virginia, the ACLU of Virginia, the National Alliance on Mental Illness of Hampton-Newport News, Mental Health America of Virginia, the Portsmouth Branch of the NAACP, the National Alliance on Mental Illness, and The Judge David L. Bazelon Center for Mental Health Law which called on June 6, 2016 for the Justice Department to investigate Mitchell’s death because state officials, including Herring, had done such a lousy job. I also wrote in the Washington Post about the need for a federal investigation. Herring didn’t ask for a federal probe until September 3, months after the advocates.

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Sales video promoting BOLA Wrap by Wrap Technologies

(8-3-20) Three comments about law enforcement and state prisons.

What do you do when Crisis Intervention Team Trained Officers are criticized for violence? 

Last Thursday’s blog post about four Springfield, Oregon police officers who fatally shot an unarmed young man with schizophrenia outraged many readers. What made the officers’ actions even more appalling was that all had undergone Crisis Intervention Team training and one of them was the department’s CIT trainer. None of the officers made an attempt to use his CIT training to de-escalate the situation, according to a detailed account written by Kimberly Kenny, whose brother, Patrick, was killed.  Nor were any of the officers disciplined – one was given a medal by the police union. The police department and city settled a wrongful death lawsuit out of court for $4.5 million.

Based on Kimberly’s report, I would not want these officers responding if I called the police and requested a CIT trained officer to help me during a mental health crisis. There should be some way for officers and departments to loose the right to identify themselves as CIT trained when none of what CIT teaches apparently is practiced.

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(7-30-20) Dr. Mark Muentz wrote about the importance of Crisis Intervention Team training in a Monday blog post, but what happens when officers who have received CIT training are involved in a violent incident with someone who has a serious mental illness. In today’s blog – one in a series that I am posting about shifting responsibility for the seriously mentally ill from the police to social service agencies and the medical community – we hear from Kimberly Kenny, whose brother, Patrick aka Stacy, was fatally shot by police in Springfield, Oregon.  

Crisis Intervention Training Didn’t Prevent Four Police Officers From Assaulting and Killing My Brother

Guest blog by Kimberly Kenny

The entire incident took less than five minutes.

It happened a little before 9 pm on a Sunday, near a hardware store Patrick liked to go to sometimes.

Officer Kraig Akins saw Patrick driving and ran his license plate, and then didn’t see Patrick’s car again for another two minutes, when they happened to cross paths again. Patrick was driving west on Olympic Street, Akins was on a side street and as Patrick passed, Akins pulled out behind Patrick. Akins’ lights and siren were off. Patrick immediately signaled and pulled over, probably because he was scared and hoped the policeman would drive by.

Patrick had paranoid schizophrenia and one of his biggest fears was the police. He was kind and generous and smart, and with his schizophrenia sometimes he acted weirdly but never violently.

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