Child rapist released due to health care

Kenneth DeRoche was serving an eight-year sentence at the Delaware Correctional Center in Smyrna for raping a child when he was released in 2003 -- five years early -- because the Department of Correction failed to provide him with adequate health care for a serious heart ailment.

The issue of poor care and early release is becoming common in Delaware courts, one superior court judge says.

Kent County Superior Court Resident Judge William L. Witham Jr. said he didn't have any choice but to reduce DeRoche's sentence.

"I released him because of difficulties that DCC was having with their care provider in providing his medication," Witham said. "DeRoche required particular care, and the best care he was getting was on the outside."

After months of unanswered sick call requests, DeRoche appealed directly to Witham, his original sentencing judge, requesting a sentence modification because of poor health care.

"It was horrific," DeRoche, 56, told The News Journal in a phone interview from his rural Kent County home, where he now works part time as a well-digging consultant. "I worried every day whether I was going to live."

The judge held two hearings to investigate DeRoche's claims.

At first, Witham ordered the prison's medical contractor at the time -- First Correctional Medical -- to file monthly reports on DeRoche's condition.

FCM, which ended its contract with Delaware prisons in July, did not comply with the judge's order, nor did it respond to questions for this series of stories.

"I did that," Witham said, "because it appeared to be an issue of whether he was getting the minimal level of care required by statute."

It has become common for inmates to file complaints alleging improper medical care, Witham said, and he pointed out that once any inmate has his sentence reduced for any reason, others will "copycat" the complaint.

"I do think we get an unduly high number of complaints in this area," the judge said.

DeRoche's problems began when his cellmate, David Bender, overdosed on DeRoche's 10-day stockpile of heart pills and high blood pressure medication. Bender, who had a history of suicide attempts, took a handful of pills as DeRoche slept.

Bender died three days later.

Prison officials blamed DeRoche, saying he was "not in adequate control of his personal medication," court documents state.

As a result, DeRoche was placed on "watch and swallow," in which medication is given daily and the inmate's mouth is checked afterward to ensure he swallowed.

Soon, DeRoche had problems getting his daily medication, the judge wrote in his order.

During the hearings, held in January and May 2003, Witham heard testimony from DeRoche and Dr. Tammy Kastre, the owner of First Correctional Medical. Though she was based in Arizona, Kastre was working in Delaware, filling in for a medical director who had left.

DeRoche testified he was denied access to medication.

According to court documents, Kastre admitted there were times DeRoche was not provided medication. However, she said, "he was not denied any medication for a significant period of time." She did not respond to repeated phone calls and e-mail requests.

Judge Witham noted that on one day, DeRoche's "blood pressure would be out of control. The next day it would be fine." A board certified cardiologist -- who had treated DeRoche in the emergency room of Kent General Hospital when he had a heart attack in 2001 -- testified that certain medications had to be given at regular intervals to be properly absorbed into the body.

In his decision, Witham chastised the prison and FCM. "After listening to all of the testimony and reviewing the transcripts, this court concludes that Mr. DeRoche was not given adequate medical care," his order states.

DeRoche said he struggles with his health every day.

"Everything I'm earning goes to cover the cost of my medication -- $2,200 a month," he said. "What am I supposed to do with the rest of my life?"