It's happened again.
In October, Bethlehem Township's Zoning Hearing Board ordered me to turn my flipcam off when I attempted to film their deliberations concerning Northampton County's proposed treatment and work release center. "Why the hell did you listen to them?" is what one of my friends later asked me.
A few weeks later, my flipcam was silenced again, this time during an NAACP-sponsored debate of Allentown city council and mayoral candidates. Once again, I was told that if I had any guts, I would have defied them. A reporter friend promised she'd post my bail, but the way she laughed when she said that made me wonder.
Yesterday, concerned by stories about medical neglect of female inmates at Northampton County's jail, I attended the regularly scheduled meeting of the Prison Advisory Board. Believe it or not, these meetings are conducted right inside the jail. It was a little weird waiting as one set of bars would slam behind me before a corrections officer would open the next gate. I eventually made it to the meeting, pulled out my camera, and was immediately told they are prohibited.
Apparently, there's some danger I could shoot video that might make it easy for someone to arrange a jailbreak or something. In fact, administrators were shocked I had somehow made it to the meeting room with two flipcams, a laptop and cellphone. I should have been shot on the spot. At least waterboarded. I could understand how this might be a problem inside prison cells. But a meeting room?
Naturally, after being ordered to put my flipcam away, I immediately turned it on. The only security risk I could foresee being jeapordized is the job security of those permitting medical neglect at the jail.
My exchange with Corrections Director Robert Meyers is a bit difficult to hear, so I've transcribed it below:
O'Hare: "It's on now. I believe that, under the Pennsylvania Sunshine Act, I have the right to record all proceedings of all public meetings, including meetings of the Prison Advisory Board. If you feel that this is improper because it is within the walls of a prison, then perhaps you should schedule your meetings to take place elsewhere. But the law should prevail here."
Meyers: "I respect your opinion. But again, I'm gonna' ask you to stop recording. If you want to remain at the meeting, you can do so, but without the recording devices."
O'Hare: "I respectfully decline your directive. I'm going to continue to record the proceedings as I see fit, and you can take whatever legal action you think is appropriate."
Meyers: "Well, Mr. O'Hare, then we're going to have to ask you to leave."
O'Hare: "I respectfully decline to leave because I believe that, under the Sunshine Act, I have the right to record the minutes of a public proceeding."
Meyers: "Then what we'll do is we will delay the meeting, we will call the Solicitor and get their opinion on it."
O'Hare: "Thank you very much."
Meyers: "So again, I'm going to ask, since we are now stopping the meeting, that you stop the recording."
O'Hare: "I will do so."
Meyers and several other Corrections officials quickly exited the room while everyone else tried to stare at the table, avoiding eye contact with the obvious wingnut. Occasionally, one of them would return to whisper in someone's ear, and then that person would leave, too.
After about ten minutes, some of them warmed up and began talking to me. They all knew why I was there. They knew why Lorraine Russo was there, too. We are both concerned about Lorraine's daughter, Lorena, and her harrowing tale of medical neglect and abuse.
Warden Todd Buskirk, a class act, told me that Lorena will be seeing a gynecologist sometime this week. He can't state the specific day for security reasons, but assures me it will happen.
When prison officials returned to the room, they asked me if I would agree to just go by their own tape recording of the proceedings. Knowing that Lorena will be seeing a doctor this week, I relented, without prejudice to my right to insist on recording at some later date. That seemed to satisfy everyone.
Bill Argeros, who chairs the Prison Advisory Board, assures everyone he's quite concerned about Lorena and visited her himself earlier in the day. He told us he views his role as an advocate for inmates. He confirmed that arrangements are being made for Lorena to see a doctor. He added it is difficult for jail administrators to find out exactly what is going on because of HIPPA. This privacy law, ironically designed to protect patients, also makes it easy for a jail's medical staff to duck questions about necessary medical care. But Argeros promises that these allegations of medical neglect, which come from three different sources, will be investigated.
Lorraine and I left the Prison Advisory Board together. She went home, but I had time to attend Northampton County Council's budget hearing, which was being conducted next door at the courthouse. That's supposed to be open to the public, too.
When I arrived, the courthouse was locked up tighter than ... well ... the jail. Another Sunshine Act violation, but who's counting? I stood around and waited for some worker to leave and then slipped inside. One of the first persons I saw was County Solicitor Karl Longenbach, who was surprised to see me. "I thought you'd be behind bars by now."
I then watched Council spend two hours in a mean-spirited attempt to roll the heads of two county workers, Tom Harp and Tom Dittmar. They failed with Harp, but defunded Dittmar's job, managing to save about $35,000.
Wow! That should prevent that 9.3% tax hike.
61 comments:
Whether it's McHale's Navy on County Council to Julio Guridy during a debate to this, I really don't understand the audacity of keeping things secret. Is the prison, the Courthouse and City Hall their private property? Let's stop paying for it then.
You could have jepordized the safety and well-being of innocent people by your illegal and arrogant behavior. You should be ashamed of yourself. You are becoming alsmost as arrogant and egocentric as Angle.
The Prison should have locked you up. Who the Hell are you to put peoples lives in jepordy.
Maybe you forgot but you are not a lawyer anymore and your opinion of what is law is worth less than spit on the sidewalk.
Grow up Ohare, take a bath, lose some weight and get a job. Christ, you act like your 18.
I am fairly certain that the jail prohibits recording devices as well as cameras. I am also fairly certain that there is a criminal code which covers contraband entering a corrections facility. I hope the county pursues the charges against you. Funny thing is this whole story is about the medical dept not doing what they are supposed to do for a person, yet you violate laws in order to post a story on your blog. I just hope that you get what is coming to you. And you will be able to get a taste of "the inside" first hand. The only good thing you have going is I don't think "Bubba" is interested in your type.
If anything, Bernie proved his point. Someone didn't do their job. Someone was supposed to check and search him and his belongings upon entering the prison.
Somehow, he got through with all of that "contraband."
If anything, the prison needs to re-evaluate the system that they have in place, that is supposed to catch those things.
Just like the Democrats at The White House. They will let anybody in...
Peace, ~~Alex
"Secrecy in public affairs undermines the faith of the public in government and the public's effectiveness in fulfilling its role in a democratic society."
Thise are not my words, but those of the Pa. legislature. That is the body giving me the right, under Section 711, to use recording devices to record all the proceedings.
When the government chose to schedule a public meeting within the walls of a jail, it necessarily gave me the right to use a recording device to record the proceeeding. If it has security concerns about that, then the meetings should be conducted somewhere else.
When I came inside the jail, some board member was there, too, and he was not searched. This board member then explained that the CO mist have thought I was a board member. Well gee, if this is a security concern, why isn't it a security concern for board members, too?
The video is posted. Let them prosecute me.
I am even more concerned that the courthouse was locked up even though there was a "public" meeting concerning its budget yesterday. It makes little sense to provide for the public's right to speak at a governmentmeeting when they make it impossible to get inside.
Interested to see if they change their policies or move their meeting to comply with the sunshine act.
Bernie,
Keep up the good work! I am always amazed that any public official appointed or elected forgets that it is the public they are serving. If publicizing the actions of this panel is an issue within the prison walls, then the meetings should be moved to a more public venue. The personal attacks of Anons 12:40 and 12:49 are absurd and unfounded. To imply that you were doing anything illegal is asinine. Mad Monk, (love the name!) with video cameras in our cell phones I’m not sure what policy can be instituted to guarantee that someone does not have recording capabilities on his of her person. I’m sure every member of the prison advisory board had a cell phone with them. The simpler solution is to choose a less restrictive location. That way no one would be required to strip search Bernie – which requires hazardous duty pay.
" That way no one would be required to strip search Bernie – which requires hazardous duty pay."
True.
Bernie,
You continue to show more courage in your pursuit of justice.
This government entity should meet in public outside of a jail!
There would have been no question then that video and recording
could take place in a public meeting. Keep on this story.
Concerning the County Budget, why in Gawd's world would the County keep spending a million bucks on farm subsidies. Everyone, including the LVPC knows that NO residential development is occuring and will not for at least the near future,i.e. 10 years. This subsidy could easily be put on hold. Look at the LVPC data on subdivisions for the past year and compare that to the current economic client. For what its worth, Northampton County is overdeveloped and over priced. Council should demand reports on the "developability" of Northampton County for the next five years and then consider whether it needs to dole out a million bucks to stop farmers from selling land in an area where there is NO market.
Catch 22:
Hold prison board meeetings inside a jail that forbids video cameras for security purposes. Thereby, forbidding the public to know what is going on.
County Council should demand this board meet outside the prison.
Do these people get paid for these meetings?
"Do these people get paid for these meetings?"
They are volunteers.
Had the discussion gone to fingrt pointing or allegations againsy prison guards,it could hav ebeen disastrous for those guards whose names came up. Their lives would have been hell whether or nott hey were guilty. So far, we have only the word of Lorena's mother and you.
I would like to hear theother side. I am not saying that she was neglected, what I am saying is that these guards do a thankless job and are in danger.They are spit on etc everyday and these women are VERY manipulative.
Lets hear the story but no guards identities should be exposed unless they are CONVICTED.
The real answer to Lorena's situation is the treatment center that the fine folks of Beth TOwnship screamed down. If you seperate the drug and alcohol offenders you can rehab them and keep them away from the violent career criminals who have set the tone for the whole population.
Not so Casual,
So far, you have Lorena's mother, Lorena herself, two former inmates and me, claiming there appears to be medical neglect. I agree there must be another side to the story, and that's why I was at the Advisory Board yesterday, so they can learn what it is.
Just to be clear, I have not alleged abuse by the COs. I have found most of them to be professional. This complaint relates to the privatized health care at the jail. Had a guard's name come up, this could become a personnel matter and the Board could go into executive session. The Suinshine Act contemplates the situation you describe. it's a good Act.
I don't see them moving the location of the meeting. You saw how nice the room is and they put in new chairs and the other furniture. Not the Star Chamber but as close as they could come! Plus they go tour the facility right after the meeting and then have a meal with the officers and the adm. people. I hope they don't lean on the guy at the gate that let you in. And someone else is right..they all carry phones with them!
I saw that Abe Atiyeh wants part of the Chipman Mills project in West Easton to be for a womens treatment facility for drug and alcohol addiction cases from the jail. What will those kind people say when that issue comes before them? NIMBY is the battle cry..if only they could see inside our jails walls..they would scream..YES!
The prison board as currently constucted could come to naught and be disbanded due to legislation from Harrisburg. Complicated legislation and grandfather clauses but it could get blown up as constituted and a new model implemented. Under the scrutiny of the solicitors and a decision will probably come soon after the new council is seated on the hill.
An addiction recovery program for approx. 15 women inmates is under study by the adm. as they look at the costs it would incur. I believe the mens program is a million a year for nearly a half dozen councellors there under CEC. 60 or so men have completed that program over the span of a year with 7 returning to jail on new charges or parole violations. If your going to spend money on the men..you have to give money to a womens program also..right?
"I really don't understand the audacity of keeping things secret. Is the prison, the Courthouse and City Hall their private property? Let's stop paying for it then."
We agree.
Every time I read a story like this I'm more glad I live in Lehigh County. Sure we got our problems (i.e., Allentown's budget folly), but nothing like you have to deal with.
The Banker
Anon 12:40 AM is an idiot. Good job, O'Hare.
How would you react/feel if you didn't see the sky or the sun or feel a breeze or a rain drop for over six months? Ask Lorena. Warden says this is ok and he assures her Mom that this is a state licensed building that conforms to all state codes for a jail. The men can go into and use an exercise yard area..not the women..WHY? Human rights abuse at NCP.
Anonymous said...
How would you react/feel if you didn't see the sky or the sun or feel a breeze or a rain drop for over six months? Ask Lorena. Warden says this is ok and he assures her Mom that this is a state licensed building that conforms to all state codes for a jail. The men can go into and use an exercise yard area..not the women..WHY? Human rights abuse at NCP.
Why doesn't her mother call Nancy Grace Show?
When was the last time our jail was independently audited? Commisary and phone revenue up 2 to 3 percent over last year..where does that money go? Who's watching the store here? A world of their own and we the tax payers need to shut up and let them do whatever it is they do inside those walls. HIPAA and Internal Affairs are convenient things to hide behind and avoid the sunshine!
As an appointed advisory board member, it is my job to bring to the jail administration and the advisory board members any concerns of the tax payers/residents of Northampton County.
Please contact me if there is something you would like me to bring to the attention of the advisory board. I will not act on anonymous messages posted to a blog. I will keep your concerns anonymous if you like, but you need to speak to me directly.
I joined the board because I was concerned about the women. At the time about three years ago there was almost no programming for the women. Today there are groups facilitated by volunteers, including me. Don't get me wrong, the women have many needs that are not currently met. We have a long way to go before we can say we are meeting the needs of the women and therefore reducing recidivism and creating a more open, caring, compassionate environment for the women both inside and outside the prison walls.
Major concerns/issues are jobs, housing, drug treatment, counseling not only on the inside but after the women are released.
According to the recent posts, it seems that there are concerns about medical treatment. This was brought up at the last two meetings, I will be sure that they are addressed as we go forward.
Please let me know if you would like me to bring any other concerns to the advisory board.
Also, I am forming a collaboration of groups and individuals who are committed to creating a more supportive community for the women when they are released. If you would like to be part of this let me know. Our first meeting will be in January 2010.
Thanks
Bonnie
winfielb@lafayette.edu
Thank you for what you do, Dr. Winfield. I do not know if you attended yesterday's meeting, and if you were there, I apologize for not introducing myself during the break I caused by insisting that the Board follow the Sunshine Act. We all owe you for your sacrifices, which represent the highest ideals of professionalism.
Based on what Lorena and two other recently released inmates have claimed, I think medical care for women at that prison needs a hard look. In one instance, there is actually an indication that one inmate's medical records may have been altered. I will say no more about that in this venue.
Unfortunately, you operate with a handicap because of patient privacy, which prevents you from learning details that may help. That also hurts prison administrators. But there really needs to be an independent assessment of the quality of medical care afforded to female inmates, at least in my view.
It also appears to me that female inmates, sinply because they happen to be female, are at an immediate disadvantage. It seems that programs and opportunities, even work, are denied to them while being made available to the men.
I don't think women need special treatment, but they certainly deserve equal treatment. I think the message they are given, just by being denied certain jobs, is that they are insignificant. Most of them already have self-esteem isues, so I can't see this helping them.
Thanks again for all you do, and i hope to speak to you one day.
As I see it..the board is well intentioned. Thing is..it's a toothless tiger. You can make all the suggestions you want but the bottom line is SECURITY issues..more guards..no money for facility wide treatment/mentoring/counselling. The priorites are upside down! The jail is a money pit and they want to keep it that way. Self sustainment..business as usual..cover our butts..public keep out. Should I go on? Bernie put them on notice yesterday that people are watching them and will continue to watch and take notes and comment because the newspaper won't touch them for whatever reasons or the whole valley would know about their shortcomings. Good people who let bad things happen on their watch are part of the problem..not the solutions.
I am speaking to you as directly as I can. These issues are my passionate concern. I speak from the heart on these matters. I can only see it and relate to this from my perspective and understanding. I am a social activist at heart and talk is cheap any way. I'm looking for some positive action from our elected officals here. Not asking you to join the fray unless you want to. I'm not in favor of asking the jail adm. for a change in attitude..I demand it as their boss..a NH county taxpayer who pays the freight! I want accountability..not excuses.
Bernie,
How did you and your flipcam help this girl yesterday? The way I see it the only thing you did and wanted to do was create another headline for this blog. You mention nothing in your latest article about what you did last night to get this girl the help she needs. NOTHING!! Your true colors are finally coming out. It is all about you.
I believe what you attended yesterday was a conference which is clearly outlined in the sunshine act as an Exception to an Open Meeting section 707. You were simply allowed there as a courtesy to Mrs Russo. Be careful Bernie the Sunshine Act needs to be read in full before you try to put it into work for you.
Bernie we did good!! Thank you so much for caring and being there and not leaving me. Thanks also for standing up for what you believe in. I am so blessed to know you and your compassion for the "little guy no one cares about" and for everyone and standing up for justice. People like you are far and few between. I loved what you did. I, for one, never get checked for anything by a lot of people, not the jail - don't worry, just because I look ok! Whihc really upsets me because I could be carrying a bomb. Everything is so screwed up and so slack in doing their jobs. By the way, if some of you are quards, you do a great job as far as I am concerned, very respectful!! If people spit on you, consider the source. God has your back. I have heard about two C.O.'s who could use more training in compassion or get out. I, for one, believe that if the public can't see what goes on, except for what they want us to know or hear, something is being hidden. Therefore, nothing gets done. I never thought I would have to attack to get something done that is supposed to be a human right. I am so glad I did and I am not done till the fat lady sings. Thank you so much Warden Buskirk for assuring me many times that Lorena will see a GYN this week. You received my worry so much. I only hope it's not too late. These things have a way of getting out of control after awhile. For people who don't know Lorena, she is a good person with a wonderful heart to help people. If you knew her you would like her. It just so happens she's like us, not perfect. For they guy who always wants to smash you, he has definitely got a problem. You are so much more love in little little finger than he would ever hope to have. Something in his lifetime has gone horribly wrong to make him so hateful. I will keep him in my prayers.
Not that long ago..you had to call the jail and ask that you be allowed to attend this boards meeting. Since a county council person is a member of the board..that tells me it's an offical meeting. County business is discussed and budgets. They have the right to use executive session rules as any other public body does. These people are all political appointees for the most part and must answer to the public.
P.S. I love Nancy Grace but I am not sure if she would take this.
glad there is some good news on the horizon for Lorena. We can only imagine what life has been like for her at NCP. I hope at some point she can become an advocate for her fellow prisoners so they can see what God can do if given a chance. Stay strong and keep faith and hope alive.
That is a really fanschy schmanshy conference room. Is that the Board Room for United Health or for a backwater Pennsylvania prison board that has the oldest prison (c. 1872) in the whole state?
This has been her intention all along. She said a long time ago that God put her there for a reason when she started getting people reading the Bible and knowing about God.
Anon 12:02 amazing isn't it? They used to sell coachroach motels on commissary. Imagine that!! Had to buy your own!!! Don't know if they do anymore, maybe one snuck in the conference room.
Bernie
My Typo I do agree tht there was negect. I am saying that it may be a situation of so many other inmates crying wolf and sniping at the guards that they were dismissive when they should not have been.
The women's facilities in most cases are worse than the mens as far as inmate problems are concerned.
"I believe what you attended yesterday was a conference which is clearly outlined in the sunshine act as an Exception to an Open Meeting section 707."
Nice try. From what i saw of the agenda, the advisory board intended to discuss agency business, and in fact was doing so. It was a meeting covered by the Act.
" it may be a situation of so many other inmates crying wolf and sniping at the guards"
Understood. That would be my first reaction, too. But when you get complaints from three different people, it's time to pay attention.
I am very happy to see that The Advisory Board, Todd Buskirk & Bob Meyers were willing to listen to Lorena and take her seriously, instead of just dismissing her outright.
Unfortunately, how many Lorenas are out there who do onot have moms who care like Lorraine? That's why an investigation is needed.
Wow. Now that I've seen your flipcam video a couple of reactions:
1. How in the world can prison administration claim that seeing the inside of the conference room will somehow compromise security?
2. Where did they get the money for that furniture?? I have been in corporate board rooms that are less extravagent. Those chairs are HUGE. Kind of the wrong image for a facility that has been criticized for being an overcrowded dump.
Go Get em Bernie!
Hey, about the Budget meeting. What the Hell is up with just eight members three? I thought they appointed a member. So they end in another tie vote. If they can't make an important budget meeting why the Hell did they appoint them.
I've just been thinking Bernie, God has put you where you were needed!! Everything does happen for a reason.
Bernie did nothing but put a spotlight on yourself. Your daughter should have been helped weeks ago. where was the County Executive? Was the County Executive at the meeting?
No, never met him.
Anon 6:12, If anyone thinks Jerry Seyfried is going to miss the first day of deer hunting for another unproductive budget hearing, he does not know Jerry.
"Nice try. From what i saw of the agenda, the advisory board intended to discuss agency business, and in fact was doing so. It was a meeting covered by the Act."
Of course you are going to see it that way. That is the only case you would be "protected." I think you have a case of if you tell yourself something enough you start to believe it is true. Something tells me this is not the end of Flipcamgate. Better brush up on those old lawyer skills.
Actually, as long as I can remember, local government has been trying to shut the public out of public meetings. The Prison Advisory Board regularly makes recommendations that are acted on by Council, even to the point of recommending a half way house or a switch in food vendors. Its members are appointed by the exec and approved by council. It is clearly a public agency and its meeting are open meetings under the Sunshine Act.
Let me be clear abut something. I know the Sunshine Act. I've been involved in 6 cases litigating it, and was successful or settled in 5 of them. I've lost once. I've even litigated successfully in Commonwealth Court. So let's not play games and look for excuses to justify meeting behind closed doors or to deprive the public of its right to record the proceedings.
I am not here to play games. Just curious how long ago were those cases?
The most recent case was filed in Jul '06, and related to Nazareth's practice of conducting committee hearings behind closed doors. Nazareth filed POs and lost. Then in early January '07, borough council adopted a resolution providing that committee meetings would henceforth be open.
I take the Sunshine Act very seriously, and as recently as this June, listened to two Allentown City Council members who believed that their internal rules trump that Act. Their fellow council members decided otherwise or there would have been a new suit this Summer. Fortunately, that was not necessary.
I read ALL of the appellate decisions construing the Act, and consider citizen participation in local gov't the basis of our democratic form of government.
I also take a dim view of attempts to throw up "conferences" or administrative action" to evade the clear legislative intent, and that is what I mean by games.
As I grow older, I try to persuade municipal officials to see for themselves why it is a losing proposition to ignore the plain language of the Act, and I've been largely successful.
According to the paper there was business conducted by County Council. There were tied votes. The entire point of filling the position was to avoid this.
I don't care if you want to give this Seyfried guy a pass because he is another one of your crushes. This was an important meeting so if you want to hunt don't ask to be appointed.
I see. What you really want to do is dump all over Seyfried because he is an avid sportsman who accomplished more for NC than anyone I know who is still alive. What a mean-spirited little person you are.
Guess what? Ann McHale and Lamont McClure both missed budget hearings. The former is Council Prez and the latter chairs the Finance Committee. But you make no complaint about their absences.
If I were to complain about an absence at a budget hearing, I'd complain about the absence of the finance chair.
Wow, Ohare someone asks a question about a committee meeting and once again you go crazy. You are the one that has called Council members lazy and scream about not attending every meeting, committee and otherwise.
This was a few month interim appointment, with the only meaningful decisions happening now.
Apparently 9:08 doesn't know Jerry, I know he is a great guy and the ultimate hunter. I don't think the meeting was a big deal but I think this is another case where you create the opinion that you employ a double standard on who you attack.
You realize you are your own worst enemy Ohare. The older you get the more you lose it.
As I said earlier, your agenda last night was not Lorena...it was not Lorena at all. You went to that meeting simply to take the video. You did nothing to help Lorena. I thought she was your focus? You made no mention of her in your latest story. Only that Mr Buskirk said she would see a Dr. Seems as though you used Mrs Russo for your own gain. And you say I am a horrible person. At least I didn't take advantage of a horrible situation for my own gain. Such a hypocrite!!
Gee, according to my statcounter, you are the someone who posed the question trying to smear Jerry.
All you are doing now is making an idiot out of yourself.
Let me guess...You calling someone an idiot is not a personal attack, but someone calling you a disbarred for being dishonest and other serious violations would be considered a personal attack? Am I right?
I am not anonymous and you are, by just about every objective standard, an idiot. You, on the other hand, hide like a coward behind a veil of anonymity to take your potshots at me, Angle and Stoffa. How'd that work out for you a few weeks ago? How'd that work out for you in May? You are so eaten up by hatred that you are incapable of posting a comment without smearing someone. But you're so stupid and nasty about it that you end up turning everyone off. That's why I can say, objectively, that you are making an idiot out of yourself. Now go away or start your own blog. I will delete anything you post here. You do not add to the discussion, but just engage in flame wars. It is thanks to assholes like you that the LongDems look so bad.
Just when the real truth starts to come out, you want to how did I say it a few days ago? Censor me. What fun is that?
The real truth has come out. You are an anonymous coward who hurts the very people you're trying to help, and helps the very people you're trying to hurt. In short, you are an idiot. This blog exists to discuss issues and cast a light on topics that may be uncovered by the MSM. Your flame wars do not insult me, but my readers. They don't need to be exposed to your garbage. Start your own blog for cowards. You will be deleted here.
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