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| Atty Colin Monahan |
A former inmate at Northampton County Prison has settled a year and a half long federal civil rights lawsuit for injuries he suffered after a brutal assault on January 31, 2009 by inmates who were part of a prison smuggling ring. John J. Mucha (“MOO-ka”) was serving a brief sentence for a DUI offense when he was assaulted in his cell by members of a contraband smuggling ring which included at least one prison guard and several inmates.
The suit, which settled for $200,000.00, alleged that Northampton County officials knew of serious problems at the prison relating to groups of inmates smuggling contraband items such as tobacco, cell phones, drugs and even homemade weapons into the prison.
Mr. Mucha was represented by Nicholas R. Sabatine, III, Esquire, of Wind Gap, Pennsylvania and Brian Monahan, Esquire, Colin Monahan, Esquire, and Joseph E. Welsh, Esquire, of Easton, Pennsylvania. Mr. Mucha’s counsel issued the following statement regarding the settlement: “We hope this settlement will focus the attention of all county officials and employees on what has been a long-standing stigma on the county and its penal system. The institutional culture of the prison has all too often rewarded those who abuse their positions, and punishes those who try to do the right thing. Justice requires that those who violate our laws are appropriately punished. Justice also requires that those who serve time in our prisons do so without having their civil rights violated.”
During the case, Mr. Mucha’s attorneys uncovered evidence of a widespread web of corruption involving numerous inmates, and even several guards, known as corrections officers. The evidence underscored the magnitude of the profit to be made in contraband. Pouches of tobacco which sell at convenience stores for several dollars were being sold inside for $50 each. Payments were usually arranged though a guard in conjunction with inmates’ relatives or friends.
Mr. Mucha’s Complaint averred that he suffered debilitating back injuries as a result of an assault in his cell when a guard electronically opened the cell door to allow inmates involved in tobacco trafficking to enter it. Mr. Mucha’s injuries required surgery and left him permanently disabled.
While entering into the settlement, Northampton County did not admit any wrongdoing. Nevertheless, the magnitude of the settlement should send a message to all Northampton County elected officials that it is in everyone’s interest to eradicate corruption within the prison and install effective procedures to prevent this type of incident from reoccurring.
It's a good thing that West Easton's DUI Center is in business.
53 comments:
If John Stoffa admits to the drugs etc., etc., and contraband in the prison when he settled this case, why isn't the drug dealers in the prison being criminally charged. Is Stoffa that stupid? You settle a case like this and then you don't prosecute. Get Real. Bernie, is this the guy you say is on our side? where are the prosecutions? Where is Stoffa? Where is the D.A.
As a taxpayer. I want my pound of flesh. Prosecute the people who were the drug dealers in our prison.
You might recall that DA John Morganelli was investigating a smuggling ring inside the jail. But when The Morning call discovered a sealed search warrant and published a story, the DA's case was ruined.
This clearly reflects on the POOR leadership at the jail for years!!!! They clearly are not concerned about what happens under their leadership!!!!
The Prsion has been a problem for years. The insider adminstrators collect their pay and trun their heads. Any atttempt to open the place up to some sunshine is shut down by the insiders.
It is time the entire hiearchy of the prsion is fired and either the courts or the Executive run it. Technically it is now the Executive but the courts have kept their noses in it. Yher Direcotr oif Corredctions ois a ceremonial title that means nothing.
What makes you think the contraband won't appear at the Treatment facility. If the oversight has been shitty for years, why will it change in a new location?
Keep blowing sunshine bubbles for Stoffa O'Hare but this shit has been going on through his entire term and he hasn't done anything to fix it. In fairness to Stoffa neither did his predecessors.
The place is run by the inmates and we just pick up the tab. A job machine by and for cronies.
"Yher Direcotr oif Corredctions ois a ceremonial title that means nothing."
This will be news to the Director of Corrections. I agree it's in its own little world, but is much better than years ago. I remember when favorites would get their oil changed and cars washed by inmates. Inmates also dis landscaping for different judges. I can't remember whether this ended under Gene Hartzell or Jerry, but it was stopped.
Message sent and received by all. Time to wise up and run the place professionally instead of like a gulag. A small group of influential persons can wreck havoc on a facility if left unchecked as happened here. Inexcusable event and the county took it on the chin. I would have asked for a million.
Keeping the career/hard core criminals and the minor offense people seperated is paramount. West Easton will address this issue and now that can start to be accomplished.i in earnest. The admin. knows right from the start who is and who isn't a clear and present danger. It ain't rocket science folks.
There is no whistle blower protection in jail..you are a snitch and become a target for eradication. Simple rule in jail culture.
yet another screw up from stoffa
It is a systemic failure..not just one person to blame. We all have some responsibility here. What we don't condemn..we condone.
4 lawyers to get a lousy 200K in a permanent disability case?
That guy must still have been drunk when he bought into that deal. Poor bastard won't have enough left for anything but well drinks and bus fare...
Well done, barristers. Well done.
-Clem
Jail is what we allow it to be. It is a reflection of society. Don't do the crime..etc. As long as it doesn't affect us personally we could care less how the animals live there. Right?
This is a good use of DUI laws. Who would think it that the drunks would clean up our prison system? All things work together for good...
Thing is..nobody is owning up to the real problem! Nothing has been remediated..all that has happened is the tax payers getting stuck with a bill. No heads roll? Nobody got disciplined? Business as usual at the county hotel.. Right? NorCo..we have a problem! Any chance we do something about it?
Nothing got cleaned up..that's the point! Oh well..
Even Ron Angle admitted that he was loathe to take on the jail and he never did! That speaks volumes in and of itself.
CYA is the corrupt civil servants motto. Protect your pension at any cost. Moral compass not required and the union has your back if you mess up on the job. A few bad apples are rolling around the jail and they are protected along with the good ones..who outnumber them but the brotherhood looks out for all. Semper Fi.
This guy should have been put in protective custody as soon as he called out the bad guys. Why wasn't he given that basic accomodation? Inept admin. oversight! The guy was exposed to unneeded violence and retaliation. Just plain stupid.
How much are the County's legal fees for this prolonged case?
File a RTK with the county for that info.
Legal costs to the county would not exceed its deductible under its law enforcement liability policy, which I believe is $25K.
Council approved the appointment of Matos as permanent director of DOC last night. Did they even bring up this case? What has been done since this sordid incident to prevent the infiltration of contraband at the county jail? How can they weed out the "bad apples" that union rep Cora refrs to?
It was not discussed during the meeting.
Hear no evil..You know how that goes. Why fix what the county won't admit is broken. Deny..deny..deny. Stonewall and silence is all we get for our money. Matos is not the problem..he's one of the few with progressive ideals. The DA is supposed to represent the people of the county and our interests. What say John?
Any idea when..if ever..a NorCo corrections officer turned evidence against one of his own? Few and far between would be my best guess. The brotherhood is virtually monolithic.
There is more...but it wouldn't let me post,too many words.But I have much more info.about my son, and he needs help, I need his story out!!!!
Sept. 21, 2012
Dear Hon. John Stoffa,
I'm writing to you so you can be aware of just a few things my son Terrell Scott has had to go through at Northampton County Prison, also in hopes you can help.
Sincerely,
Holly Alston
9-10-12
Dear Attorney Lauer,
I have not heard back from you regarding any of my last correspondences via, letters, faxes, or phone calls. I am unsure on why that is. I would greatly appreciate if you would please take the time to write me back or call, and answer the questions I have asked of you regarding the status of Terrell's case.
My main reason for writing you today is to inform you that Terrell is currently back on Administrative Segregation. A cell mate he was having ongoing problems with accused Terrell of sexually assaulting him to protect himself from getting a misconduct for drug use. This occurred on August 31, 2012. This inmate named Gerald Bennett, has just recently left to go to State Prison. Terrell told me that this inmate on August 30, 2012 had some words with Terrell and spit in Terrell's face and eye and stated to Terrell he just gave him HIV. Terrell then pushed him off of him, and Gerald Bennett stumbled, falling onto the bunk. The CO's saw how Gerald Bennett was stumbling around, and called a nurse for Gerald. Later the CO's told Terrell to pack it up, he's going to the "Hole" Gerald Bennett was facing going to the "Hole" because he was high again, but he stated that Terrell forced him down and "jerked him off". Why didn't Gerard Bennett call out rape, and also Gerald Bennett has a male catheter which is attached to a urine bag 24 hrs a day, making it impossible to be "jerked off". If this was the case, meaning Terrell was "jerking off" Gerald Bennett Terrell wouldn't of pushed off Gerald Bennett when Gerald Bennett spit in Terrell's face and his eye. Terrell pushed off Gerald Bennett due to the fact Gerald Bennett has HIV, and didn't wanted any kind of physical contact from Gerald Bennett. Terrell WAS NOT given any prompt medical attention of having infected HIV saliva spat in his face and eye. A few days ago, medical did start the blood work to see if Gerald Bennett infected Terrell with HIV.
Gerald Bennett in the past has been written up for drug abuse. Runners at Northampton Prison would slip Gerald Bennett Klonopin, so he can get a Klonopin high. There was many times that Gerald Bennett would be so high that he wouldn't empty his urine bag, allowing his urine bag to overfill, spilling his bloody urine on the cell floor. Because Terrell didn't want to slip due to Gerald Bennett's spilt bloody urine, Terrell would end up mopping up Gerald Bennett's bloody urine without any proper gear to clean up the dangerous hazardous material, which was witnessed by CO's a couple of times and by Craig Solomen a past cell mate of Terrell's.
In the Northampton County Prison's handbook, Gerald Bennett broke the law under 504 Misconduct charges reference codes it states that A-17 Intoxication from Drugs. Gerald Bennett also broke the law under 403 Laws # 8 Assault by Prisoner (18 PA C.S. Section 2703) A person is guilty of this offense if he intentionally or knowingly causes another to come into contact with blood, sperm, saliva, urine, or feces by throwing, spitting, tossing, or expelling such fluid or material when at the time of offense the person knew such fluid or material, infected by a communicable disease. This offense is punishable by a sentence of up to 10 years.
http://www.facebook.com/pages/Mom-of-Schizophrenic-child/318349708229352
Rest of my letter...sorry that this is broken up... only way to fit the info..
I told Terrell to never retaliate and to inform me of anything that should happen to him in the prison. It was also brought to my attention that nothing was done to this inmate, it is known at Northampton County Prison's staff that Gerald Bennett has HIV.
Terrell has tried to reach out to authority figures in the prison to tell them about this incident, by writing out Department of Corrections Inmate Request Forms to Mike Bateman, but Mike Bateman told CO's he has nothing to say to Terrell, and Terrell said, they all refused to speak with him. I have called and left messages with Mike Bateman, Chris Naugle, and with your secretary. Today I called Northampton County Prison and asked to speak with a Lieutenant, around 2:00 P.M., and spoke with Lt. Lamont about this issue with Terrell. Lt. Lamont told me he would make sure Terrell was given the incident report that explains why he's on Administrative Segregation, a grievance form, and another Dept. of Corrections Inmate Request.
Terrell did not sexually assault this man, but they are treating him as if he did. The entire prison remembers the lie Eric Von Schlicten told on Terrell so it is so easy to duplicate it at any time.
Terrell did not do very well on ADSEG in the past due to his very delicate mental state. There is no reason why he should be on it now.
I would like to inform you that I will be pursuing a lawsuit against the prison for the incident that occurred between Mr .Bennett and my son. I also am pursuing charges.
According in the United States...
Thirty-five states have prosecuted HIV positive individuals for exposing another person to HIV. A person diagnosed with HIV who infects their partner while engaging in sexual intercourse is committing a crime. A person donating HIV infected organs, tissues, and blood can be prosecuted for transmission of the virus. Spitting or transmitting HIV infected bodily fluids is considered a criminal offense in some states, particularly where the target is a prison guard. Some states consider criminal transmission of HIV as a misdemeanor. These states have laws that prosecute individuals for criminal exposure of HIV: Alabama, Alaska, Arkansas, California, Colorado, Delaware, Florida, Georgia, Idaho, Illinois, Indiana, Iowa, Kansas, Kentucky, Louisiana, Maryland, Michigan, Mississippi, Missouri, Montana, Nevada, New Jersey, New York, North Carolina, North Dakota, Ohio, Oklahoma, Pennsylvania
As Terrell's attorney I would like for you to help me with this. I would appreciate a prompt response regarding this matter. Thank you for taking the time to read this and I hope to hear back from you very soon.
Sincerely,
Holly Alston
CC
Hon. Judge Zito
Dr. Frank Dattillo
Hon. Judge Emil Giordano
Arnold Matos
Todd Buskirk
Michael Bateman
David Penchishen
Emilia Caputo
Chris Santos
More info...sorry that this is broken up... only way to fit the info...
Sept.11, 2012
The warden called me at 3:25 pm, and told me that they found Terrell between 6-7 A.M. yesterday unresponsive, and not breathing. He was taken to Easton Hospital, in a coma, no brain activity, no signs of trauma, or over drug overdose, which only leads to lack of air that would put someone into a coma. I could go on, and on. Yesterday was Hell. They won't give me any info, and had police there for me to leave the hospital.They won't let me see my son. All I want to do is see my son. My heart is so much in pain.
September 21, 2012
Dear Hon. Judge Zito,
Not sure you are aware of the latest news about my son Terrell Scott. On September 10, 2012 Terrell tried to commit suicide. It was done out of desperation because he feels there is such a lack of help from you and Attorney Lauer, the DA is committed to go after him with charges that she knows are untrue, and mostly the fact my son has been incarcerated for 3 1/2 yrs without getting the proper mental treatment. I don't know how much more information you need, or what is the hold up for my son receiving any mental help. My son has been treated cruelly and inhumanly. And it must stop.
My son is requesting theses forms, hopefully with your help he can get them...
DOR form
Power of Attorney form
HIPA Law form
All of his Northampton County Prison's Medical forms
All of incident forms from Northampton County Prison that were written up explaining why Terrell has been placed in the "Hole" or on ADSEG several times.
My son was found Tues. morning around 6:30 am unresponsive. My son was in a coma and on life support for 3 days. The Easton Hospital tried their best to get him a bed in a psychiatric hospital instead of sending him back to the prison. They might of been more successful if Attorney Lauer was available, or had Josh Fulmer assisted with helping the Easton hospital to staff to pull off a task that would of assisted Terrell greatly.
My son De'jour Scott and I have called Attorney Lauer's office many times leaving messages for him and for Josh Fulmer, explaining in great details what Terrell's needs are. The only response so far was a letter from Lauer stating he was sorry for what has happened to Terrell.
More info...sorry that this is broken up... only way to fit the info...
Last year during one of the conferences to meet with you, (but again we weren't allowed to talk to you) Attorney Lauer said to me, my son De'jour, my father Dr. Scott, and to Mr. Campbell that the DA has no evidence against my son. My father asked Attorney Lauer so if that's the case, why haven't you've done anything to get my grandson out of jail? Attorney Lauer said the DA is going to use a statement by one of the girls. My father said, so a lie from a little girl has caused my grandson to be falsely imprisoned, beaten, (causing him to loose part of his hearing and eyesight) raped, thrown in the "Hole" for 2 months over a lie? At that point Attorney Lauer got up very angry, and my son De'jour at that point demanded to see the lie dector test/interrogation tape....which till this day we have never been able to see.
Two months ago my 18 yr. old son Amari Alston saw Crystal Hodgkins at her job, the mother of the girls. Amari asked her why did she and her daughters lie on his brother? saying, you took 3 yrs away from my brother, and all he did was love you and take care of your daughters. Crystal said she was sorry for lying on Terrell, and was shocked and sorry to hear that Terrell was still in jail. We did call Lauer with this info, and of course did nothing, and two months later my son gets exposed to HIV (I included the letter I wrote to Lauer and to Northampton County Prison's Staff about the AIDS innocent) and ends up in a coma and on life support.
I pray that you will end the hell and nightmare for my son very soon. This was all based on a lie from a woman scorn. There are too many valid witnesses that would prove my son's innocence, but even Lauer starts to contact these people, I feel it too late for my son. His mental state is so far gone, sad because at the age of 26, he did have his whole life ahead of him. But he will never be the same....
Sincerely,
Holly Alston
CC.
Hon. John Stoffa
Attorney Phil Lauer
Attorney Josh Fulmer
Dr. Frank Dattillo
Hon. Judge Emil Giordano
Arnold Matos
Todd Buskirk
Michael Bateman
David Penchishen
Emilia Caputo
Dr. Alex Thomas MD
Chris Santos
http://www.facebook.com/pages/Mom-of-Schizophrenic-child/318349708229352
Mom of Schizophrenic child
My son unfortunately was charged almost three years ago with several crimes. (Even thou there has not been any proof or evidence to show any crimes were committed at all, my son has only had an arraignment, has not been offered any bail reduction, and no trial date
Another NCP horror story. Is this justice with mercy? I think not. As a tax payer of the county, I am ashamed of what is done in my name. Lots of blame to go around on this one. My heart goes out to this family. Time for an investigation..do we have a DA that even gives a crap?
Our DA had an investigation gong, but it was ruined when The Morning Call published the contents of a sealed search warrant. I doubt he's going to be overly anxious to reveal his intentions on a blog.
That is a fair statement Bernie. I hope John is watching the unfolding events at the jail and will at some point try again to clean house behind those huge stone walls. The people of this county are counting on him to be our representative and chief law enforcer. Maybe this time there will be no leak.
To Mr. O'Hare,
The DA IS NOT INVESTIGATING WHAT IS GOING ON WITH MY SON!!!! I want that to be clear!!!!!. Please contact me or read the info I have placed at
http://www.facebook.com/pages/Mom-of-Schizophrenic-child/318349708229352
Thank you.
Holly
I FEAR THAT MY SON"S LIFE WILL BE TAKEN, OR YET ANOTHER HORRIBLE ACT WILL HAPPEN TO MY SON.
THE WOMAN WHO'S LIE PUT MY SON BEHIND BARS.... WELL 2 1/2 MONTHS AGO SHE SAW MY OTHER SON AND SAID SHE WAS SORRY THAT SHE LIED, AND DIDN'T KNOW THAT MY SON WAS STILL IN PRISON.
BECAUSE OF HER LIE......
MY SON WAS ALSO BEATEN THE SAME YEAR THE PRISONER MENTION IN THE PAPER, BUT MY SON WAS BEATEN 2 DAYS AFTER CHRISTMAS, CAUSING HIM TO LOOSE PART OF HIS HEARING AND VISION AND THE DA AND CHRIS NAUGLE DID NOTHING ABOUT IT.
Ma'am, The allegations against your son are horrific. He is accused of torturing 3 girls for over a year with nail clippers, lit cigarettes, etc. He is not a drunk driver who ran into a smuggling ring. These charges are compounded by his own mental incapacity. You're his mother. I am not. He has a very good lawyer.
Mr O'Hare, this is what hurts so much. The true story of my son was not put out there. Not once was the mom ever mentioned in this story. My son was with her for 4 yerars. My son was 17 when he met her she was in her 40's ALREADY in the children and Youth for over 20 yrs, had a child die, left her husband's dead body rot on a couch in Patterson, NJ she has a record, I could go on and on. During these 4 yrs, 2 children and youth workers twice a week went into the home, the kids went to school,went to church activities during the Summer night's program, and NOT ONE TIME did any of these mandated reporters reported any signs of abuse. No rap kit was ever done, no dental records were ever done, and no medical records ever were taken of these horrible abusive events. And not one time was the mom ever brought into the pic, or her info or face posted everywhere!!! As far as his attorney is concern, if one more person tells me he's a good lawyer I'm going to scream. I guess you didn't read my pg. which shows all the wrong doings have happened to my son. First off his rights were never read, the Easton cops forced a statement from my son a few days he was discharged from St. Lukes from trying to jump off the Bethlehem Broad st.'s bridge.
When my father who's a professor at Lehigh U. and I went to his attorney after my son was beaten, he said well sometimes these things happen, when we went to him after my son was raped, he said prison is prison it's not a picnic,at one time during court he admitted the DA has no evidence on my son, but can use a statement of one of the little girls, he had my son sign his rights away to a speedy trial in 2009, why would he do that. He has statements from Dr. Dattilo, Dr. Thomas, and reports fom Norristown State hospital from a 7 1/2 month stay of my son saying my son is incompentent. It is the Commomwealth's fault that my son's mental health is at the state where it is now. THEN THE KICKER IS THAT THE MOM TOLD MY OTHER SON 2 MONTHS AGO SHE WAS SORRY FOR LYING ON MY SON, AND WE TOLD MY SON'S ATTORNEY WHAT SHE SAID AND IT'S ON CAMERA, BUT YET MY SON STILL IS IN PRISON
I am not familiar with the facts, but your attorney is, and he is a good one. I suspect the prosecution has evidence besides the mother's statements. You yourself state there are statements from one of the children. Rather than basing your son's lawyer on a blog, why not see him and tell him how you feel? Ranting here does not help you or your son.
And good luck to you. I hope you find peace.
K, well I guess u never read any of the info out there. My father, my sons, friends, witness have all tried to talk to Lauer. I even shown here letters I've written to Lauer, to Stoffa, to Judges, and to Northampton County officials. As you say my rants.....it's these rants which they are valid ones....it's people with these views that have not been in this situation, don't have a family member that the justice system just turns away. I wish people like you would think....there are two sides of the story!!!!
I hope my son will be get the help he needs, his named cleared, but he will never be the same. Like I said my son was raped, and beaten while under protective custody in Northampton County Prison the same year the prisoner who won the lawsuit was. And if my son is cleared, I wonder then what people will say......
I thought that was 2012 IZOD INDYCAR Champion Ryan Hunter-Reay in the picture at first.
Holly,
As a mother... I do feel bad for what you are going through. But, I do have to say that it seems that you are pointing the finger at everyone else and not accepting any responsibility for your son. It's always everyone else fault but that persons. As a mother it would be hard to accept the fact that your own flesh and blood molested someone. I don't know the full story so I really can't say much. But something that was an eye opener in your conversation was when you stated that your son at 20 years old got involved with a 40 year old woman who had all these issues with the law. A normal 20 year old would not engage themselves in a relationship like that, so it seems that your son's problems started way before he was incarcerated. Just wanted to point that out. To many times as parents we enable our children, which does not promote a healthy life for them. We have to be careful that we do everything as parents to protect our children. But theres a fine line that parents cross and they end up enabling the child instead of offering tough love. I wish the best for you, and my prayers are with you in this time of difficulty.
Everyone from the inmates to the administration is crooked at NCP. The inmates have more morals than administration. They are all scum bags whose only interest is themselves. The CO's are even more crooked. Trust me I speak from personal experience. There are more CO's bringing drugs in that place than there are inmates who bring it in. Administration just closes their eyes to it. Their own CO's even tell the other inmates when somebody snitches so the "snitcher" can get beat up. Segregation Housing Units are a joke, the workers are just as corrupt or even more as those placed there. I would like to say and even more so wish that a big part of ncp employees should be behind bars!!!
10:26, Hey, this blog exists for tips like yours. But you'll have to do better than make some bald accusation. Who are the correction officers? How far does it extend? Who is being supplied? When did you see this? Why aren't you identifying yourself? Is it fear or are you a liar? It's easy to make an accusation. Now back it up with some names, including people I can talk to. It would be nice if you included your own.
I agree with Bernie. If you have something soild..it is up to you to be forthcoming with the details. Bernie is more than willing to hear your story. He can also put you in contact with others who can run with the story if you are willing to back up your accusations with some facts. Give it some thought.
I believe there is some truth in what you say but that is due to hearsay and what others have shared of their experiences at NCP. It is scary to go out on a limb especially if you are an ex-inmate. What are you willing to risk to make things better for the persent and future inmates of NCP?
You can send me a private email. bohare5948@aol.com. If there is any truth to your allegations, it needs to be exposed. I need names, dates, what exactly is involved, and who you are. I will protect your identity even if that means I go to jail myself, but I do urge you to come forward.
Heads up Bernie..the new acting volunteer coordinator at the jail is Dave Lothian. Not sure if you had that info as he just called. He would be Arnie Matos' replacement.
Bernie,
I will be writing you at your personal email with all the facts that you requested. I remain anonymous for the obvious.....retaliation of physical harm or legal retaliation if I were to put names on here for the public to see.
Bernie,
And heads up, no I am not a former inmate, I am a former employee, no, not a disgruntled former employee, but a former employee who was/is sick to my stomach of all the garbage that is happening there.
The file is getting thicker Bernie. I hope you can piece together a story and confirm some of these accusations. I applaud the above person for saying they will give their side of the issue at hand to you. Got to have courage..
I await the email.
The mother clearly is in denial.how does she know if her son is innocent if she didn't live in the house with them children.she needs to stop babying her son
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