Prison system's chief sees problems:  Inmates' medical care to be investigated

DOVER -- A day after four Delaware lawmakers called for independent investigations of medical care in the state's prisons, Department of Correction Commissioner Stan Taylor admitted there were problems and promised to cooperate with any inquiry.

"I am not saying that nothing is wrong," said Taylor, who met with some of Gov. Ruth Ann Minner's senior staff Thursday. "We take our responsibility seriously."

The Correction Department will work with lawmakers on reform legislation, Taylor said, such as a proposal made Wednesday by House Majority Leader Wayne A. Smith, R-Clair Manor, to establish, among other things, a health care inspector general and to begin screening inmates for hepatitis and HIV.

Kelli Steele, Minner's deputy communications director, said the governor would not expand on a short comment made Wednesday about working hard to improve inmate health care.

Minner declined to specifically address a series of News Journal articles published this week that examine the state's AIDS-related inmate death rates -- the highest in the nation in 2001 and 2003; an inmate suicide rate in 2000 and 2001 that was twice the national average; reports of undiagnosed flesh-eating bacteria, poorly treated cancer, hepatitis, meningitis and pneumonia; and a no-bid $25.9 million contract awarded this year to St. Louis-based Correctional Medical Services to manage health care in the state's prisons.

Outrage about the stories spread Thursday from Delaware's capital to community leaders. The Rev. Christopher Bullock of Wilmington's Canaan Baptist church said his congregation and other clergy plan to march outside the governor's mansion Monday, calling their protest the "March for Justice and Prison Reform in Delaware."

"I'm doing this because it's a moral outrage that the Delaware prison system is sick, in need of healing and repentance," Bullock said. "And I'm concerned about the reputation of the state as it relates to how we treat these people."

Sen. Robert L. Venables, D-Laurel, said the images of inmate mistreatment were hard to ignore.

"People saw the pictures of that guy's shoulder and that young man's head," Venables said about two inmates profiled in The News Journal series. Anthony Pierce died in 2002 of a brain tumor and Ed Brittingham was scarred by flesh-eating bacteria. "I'd say that people believe the truth of that. ... I don't usually have much good to say about The News Journal because you're a little bit too liberal, but you deserve credit for doing a good job with this."

There have been similar problems with contract medical services in other state prison systems, Venables said.

"I'd like to know how much those companies are making this year," he said. "I'd like to know how well the shareholders are sleeping, if they know what's being done to save money."

Venables said Taylor is a "compassionate, moral man" who has interceded on inmate's behalf on medical issues.

"I think he should fire those who didn't let him know what was going on with those prisoners," Venables said. "I don't know if [Taylor] will resign or not over this, but I know learning these things must be tearing him up because of the kind of man he is."

Under scrutiny

Calling for investigations of prison medical care are Smith, Rep. Hazel D. Plant, D-Wilmington Central, Sen. Margaret Rose Henry, D-Wilmington East, and Sen. Charles L. Copeland, R-West Farms. U.S. Attorney for Delaware Colm F. Connolly said he has forwarded allegations of inmate abuse to the U.S. Department of Justice to review.

Sen. James T. Vaughn, D-Clayton, is comparing contracts Maryland and Delaware have with Correctional Medical Services.

"You know, I always have a lot of questions for the department when they're at [Joint Finance Committee] hearings," said Vaughn, a former correction commissioner. "But all they ever tell us about health care is that it costs more."

While not necessarily opposed to screening prisoners for HIV and hepatitis, Vaughn said standards would need to be developed for which prisoners should be screened. "Screening everyone makes no sense. [Taylor] tells me, for instance, they bring 12,000 people a year into Gander Hill and 12,000 people get released. A lot of those people are people who are being held until they make bail -- they might be there for a day or two. It doesn't make a lot of sense to screen them."

As with Venables, Vaughn said inmates with grotesque tumors and red, peeling flesh should have caught someone's attention at the prison.

"Some of this stuff might be hard to spot," he said. "But if someone's got a growth the size of a pineapple out the back of their head, I want to know where the warden was or where the [corrections] bureau chief was."

'On the cheap'

Forming an independent committee to examine prison health care may be the smartest option, said Delaware Public Defender Larry Sullivan. He said the panel should include doctors and medical malpractice lawyers so the consequences of this kind of treatment are stated as strongly as possible in any report.

"I believe that some of the decision makers may have no idea as to the extent of liability exposure the state may have, if this kind of practice is permitted to continue," Sullivan said. "Unless the possible and probable consequences of all of these events are fully understood, there may be an inclination on the part of some decision makers to remedy this 'on the cheap.' "

Speaking to reporters Thursday, Taylor pointed out that, since 1986, the state has been certified by the National Commission on Correctional Health Care. "Our health care is accredited and in compliance with national standards."

Limited access

During its six-month investigation of prison medical care, The News Journal submitted a Freedom of Information request to Taylor for the most recent audit report by the commission, which was completed in February. The request was refused.

Taylor and Minner have pointed out that prison medical care is scrutinized by the Medical Society of Delaware.

But Dr. James Marvel, president of the Medical Society of Delaware, said the state's account of his group's prison work may be overblown.

"We don't have any plans to do anything," Marvel said. "We do not have an investigative body. Our prison health committee is simply advisory."

Marvel said the committee has made "not very many, very few" sojourns behind bars since 2000.

"When we are asked to review records, we do not have any official capacity as far as the prison system is concerned," he said. "Some years ago, members of the prison health committee were going into prisons. We were going in reviewing, asking for 10 records. We realized we were seeing 10 good records, and we didn't have the expertise or time to investigate."