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Federal Judge Will Tour Brooklyn Jail That Lacked Heat and Power Federal Judge Will Tour Brooklyn Jail That Lacked Heat and Power
(about 2 hours later)
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The crisis at a troubled Brooklyn federal jail has drawn the attention of more than a half-dozen judges, with one planning to tour the jail on Tuesday to investigate complaints of freezing temperatures and darkness that followed a heating system breakdown and power failure in the facility.The crisis at a troubled Brooklyn federal jail has drawn the attention of more than a half-dozen judges, with one planning to tour the jail on Tuesday to investigate complaints of freezing temperatures and darkness that followed a heating system breakdown and power failure in the facility.
Another judge ordered the jail, known as the Metropolitan Detention Center, to allow inmates to begin meeting with their lawyers. Legal visits were canceled last week, leading to claims that inmates’ constitutional rights to counsel were being violated.Another judge ordered the jail, known as the Metropolitan Detention Center, to allow inmates to begin meeting with their lawyers. Legal visits were canceled last week, leading to claims that inmates’ constitutional rights to counsel were being violated.
At least four other federal judges, in Brooklyn and Manhattan, were said to be calling hearings to examine complaints of deteriorating conditions at the jail, which holds more than 1,600 federal inmates, most of whom are awaiting trial and have not been convicted of a crime.At least four other federal judges, in Brooklyn and Manhattan, were said to be calling hearings to examine complaints of deteriorating conditions at the jail, which holds more than 1,600 federal inmates, most of whom are awaiting trial and have not been convicted of a crime.
The judges’ concerns came after reports that inmates had been locked down in frigid and dark cells, huddling under blankets, in the jail, which sits along the waterfront in Sunset Park, Brooklyn.The judges’ concerns came after reports that inmates had been locked down in frigid and dark cells, huddling under blankets, in the jail, which sits along the waterfront in Sunset Park, Brooklyn.
The heating issues began in late January, when plummeting temperatures caused parts of the heating system to fail, according to leaders of the correction officers’ union.The heating issues began in late January, when plummeting temperatures caused parts of the heating system to fail, according to leaders of the correction officers’ union.
The power issues, which began earlier that month, culminated in an electrical fire on Jan. 27 that put the facility on “emergency power.” For a week, inmates were held on partial lockdown, without access to phones or computers they use to request medicine, according to federal defenders, who began to receive calls from their clients in the jail.The power issues, which began earlier that month, culminated in an electrical fire on Jan. 27 that put the facility on “emergency power.” For a week, inmates were held on partial lockdown, without access to phones or computers they use to request medicine, according to federal defenders, who began to receive calls from their clients in the jail.
After news reports appeared describing the conditions, federal defenders and elected officials demanded to tour the facility and protesters set up camp outside. On Sunday, protesters who attempted to storm the jail were pushed back, and said they were pepper-sprayed. The Bureau of Prisons has not confirmed if pepper spray was used on the protesters. There were no arrests.After news reports appeared describing the conditions, federal defenders and elected officials demanded to tour the facility and protesters set up camp outside. On Sunday, protesters who attempted to storm the jail were pushed back, and said they were pepper-sprayed. The Bureau of Prisons has not confirmed if pepper spray was used on the protesters. There were no arrests.
The power was restored Sunday night, and federal officials said on Monday that the heat was working. But there were conflicting accounts about whether all inmates had access to heat.The power was restored Sunday night, and federal officials said on Monday that the heat was working. But there were conflicting accounts about whether all inmates had access to heat.
On Monday, the United States Department of Justice issued a statement saying it would step in and “examine what happened” at the jail and would ensure the problems with the heat and electricity would not occur again.On Monday, the United States Department of Justice issued a statement saying it would step in and “examine what happened” at the jail and would ensure the problems with the heat and electricity would not occur again.
Some legal visits resumed Monday but were quickly ended mid-morning after the police said a staff member at the jail received a bomb threat. The authorities evaluated the threat, and the jail returned to “normal” operations, according to a statement issued by the Bureau of Prisons. The acting head of the Bureau of Prisons, Hugh J. Hurwitz, and the agency’s regional director, both toured the facility on Monday, union officials said.
The growing crisis over the jail, meanwhile, also became a focus of the entire Federal District Court bench in Brooklyn, where the court’s judges were planning to meet to discuss jail conditions, according to a letter filed by federal prosecutors in Manhattan in a case that involved an inmate being held in the Brooklyn facility. Some legal visits resumed Monday but were quickly ended midmorning after the police said a staff member at the jail received a bomb threat. The authorities evaluated the threat, and the jail returned to “normal” operations, according to a statement issued by the Bureau of Prisons.
The growing crisis over the jail also became a focus of the entire Federal District Court bench in Brooklyn, where the court’s judges were planning to meet to discuss jail conditions, according to a letter filed by federal prosecutors in Manhattan in a case that involved an inmate being held in the Brooklyn facility.
The judges may also ask federal officials to attend that meeting and discuss the jail conditions with them, the letter said.The judges may also ask federal officials to attend that meeting and discuss the jail conditions with them, the letter said.
A number of the inmates are being prosecuted in Federal District Court in Manhattan, and the judge in one such case, Analisa Torres, plans to tour the jail on Tuesday, a court spokesman, Edward Friedland, confirmed. A number of the inmates jailed in Brooklyn are being prosecuted in Federal District Court in Manhattan, and the judge in one such case, Analisa Torres, plans to tour the jail on Tuesday, a court spokesman, Edward Friedland, confirmed.
The judge will be accompanied on Tuesday by a senior lawyer with the federal defenders office, Deirdre von Dornum, and an investigator with the United States attorney’s office in Brooklyn, both of whom visited the jail Friday night at the order of the chief judge there, Dora Irizarry, who said she wanted to “obtain current and comprehensive information” about jail conditions. The judge will be accompanied on Tuesday by a senior lawyer with the federal defenders office, Deirdre von Dornum, and an investigator with the United States attorney’s office in Brooklyn, both of whom visited the jail Friday night at the order of the chief judge there, Dora L. Irizarry, who said she wanted to “obtain current and comprehensive information” about jail conditions.
“I think it’s important that the judge see the conditions at the M.D.C. firsthand,” Ms. von Dornum said, adding that there “may have been significant changes in those conditions in recent days.”“I think it’s important that the judge see the conditions at the M.D.C. firsthand,” Ms. von Dornum said, adding that there “may have been significant changes in those conditions in recent days.”
Judge Torres had already ordered Bureau of Prisons officials to appear before her at a hearing on Tuesday to examine the inmate’s claims about conditions at the M.D.C. The judge is to tour the jail after hearing testimony in court about the case.Judge Torres had already ordered Bureau of Prisons officials to appear before her at a hearing on Tuesday to examine the inmate’s claims about conditions at the M.D.C. The judge is to tour the jail after hearing testimony in court about the case.
Prosecutors in the case before Judge Torres asked late Monday that she postpone the hearing, saying that “living conditions at M.D.C. are evolving and continue to require intensive work by M.D.C. personnel.”Prosecutors in the case before Judge Torres asked late Monday that she postpone the hearing, saying that “living conditions at M.D.C. are evolving and continue to require intensive work by M.D.C. personnel.”
The letter argued that jail personnel were “fully occupied with bringing M.D.C. back to full operation and addressing issues caused by the loss of power.” The letter argued that jail personnel were “fully occupied with bringing M.D.C. back to full operation and addressing issues caused by the loss of electrical power.”
Furthermore, the letter said, “numerous urgent court proceedings regarding living conditions at the jail” had been scheduled and required “simultaneous attention” by prisons officials. Furthermore, the letter said, “numerous urgent court proceedings regarding living conditions” at the jail had been scheduled and required “simultaneous attention” by prisons officials.
“Denied,” Judge Torres wrote in response to the request for a delay.“Denied,” Judge Torres wrote in response to the request for a delay.
The problems at the jail were highlighted at a hearing in Brooklyn federal court on Monday after the city’s federal public defender’s office sued the Federal Bureau of Prisons and the jail’s warden, citing what it said was a “humanitarian crisis” at the M.D.C.The problems at the jail were highlighted at a hearing in Brooklyn federal court on Monday after the city’s federal public defender’s office sued the Federal Bureau of Prisons and the jail’s warden, citing what it said was a “humanitarian crisis” at the M.D.C.
In saying that she would order the resumption of legal visits for inmates, the judge, LaShann DeArcy Hall, said, “There is no question that it is the inmates’ right.” In saying that she would order the resumption of legal visits for inmates, the judge, LaShann DeArcy Hall, said, “There is no question” that inmates’ right to attorney visits are protected under the constitution.
Judge Hall said concerns raised by the government about security at the jail did not permit “the wholesale denial” of detainees’ right to counsel. The judge said concerns raised by the government about security at the jail did not permit “the wholesale denial” of detainees’ right to counsel. She said her order would continue until a hearing on Feb. 13, when a different judge would take up the issue and also review the federal defenders’ request for appointment of a special master to investigate the situation at the jail.
The judge added that she did not want to micromanage prison operations, but said the plaintiffs had met their burden of proving that the court’s intervention was needed in this case, and she defended the right of the court to do so. She noted in an order later on Monday that the government had argued that the court was without the authority to require attorney visits. While she said that she agreed that the court should not “assume the administration” of the jail, ”the court is not only authorized but obligated to ensure that individuals confined in our federal institutions are provided with access to attorneys, as guaranteed by the Constitution.”
“If not the courts, then who?” Judge Hall said. The judge added: “If not the courts, then who?”
She said another request by the federal defenders, for the appointment of an independent arbiter or special master to investigate the situation at the jail, would be taken up at a hearing next week.