Cuban immigrant gets 6 years for theft of drugs worth $50M

NEW HAVEN, Conn. (AP) — A Cuban immigrant was sentenced Wednesday to more than six years in prison for his role in the 2010 nighttime heist of a Connecticut warehouse in which the robbers filled a tractor-trailer with more than $50 million worth of pharmaceutical drugs.

Yosmany “El Gato” Nunez, the first of five defendants to be sentenced in the case, also faces a deportation order. Although the prospect of his forcible return to the Caribbean island may have seemed remote at the time he pleaded guilty in November, the U.S. and Cuba have since taken steps toward normalizing relations.

His attorneys pointed out the increased likelihood of deportation in a court filing that said Nunez, 42, came to the United States in 1999 on a homemade raft and has close relationships with his two children in the U.S.

“He began to work construction and described the United States as ‘glorious,’” his attorneys wrote.

The robbers traveled from Florida and broke into the Eli Lilly Co. warehouse by cutting a hole in the roof, disabled the alarm system and used warehouse forklifts to load pallets of pharmaceuticals into the truck to bring them back to Miami, according to prosecutors. The drugs — including Zyprexa, Cymbalta and Prozac — had a wholesale value between $50 million and $100 million.

Nunez, who pleaded guilty to one count of transportation of stolen property, was sentenced in federal court in New Haven to six years and three months in prison.

Prosecutors said he has a history of involvement in cargo theft, including a federal conviction in 2001. He also has two prior offenses in Florida that led to six months of county jail time for crimes that his lawyers described as the result of his struggles with alcohol abuse. His status as a legal U.S. resident was revoked and was subject to a deportation order but, as a Cuban citizen, he remained in the U.S.

Four other defendants have pleaded guilty in the Eli Lilly heist.

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The Agonizing Odyssey of Two People Kept Apart by Immigration Laws

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Immigration repeal halted in US Senate amid funding fight

Washington (AFP) – US Senate Democrats blocked a controversial bill Tuesday that would fund homeland security but derail President Barack Obama’s immigration plan, plunging Congress into an impasse as a funding deadline looms.

In December, lawmakers funded all federal departments through the end of fiscal year 2015 except for the Department of Homeland Security, which it funded only through February 27 so the new Republican-controlled Congress could put brakes on Obama’s plan to shield millions of undocumented workers from deportation.

But Senate Democrats united to block the bill from advancing in their chamber, arguing they do not want to see the $40 billion in critical funding held hostage to to political brinkmanship.

“We are happy to debate homeland security, but not with a gun to our head or to the president’s head,” Democratic Senator Chuck Schumer said shortly after the vote.

The battle over DHS funding has become one of the most turbulent congressional debates of 2015, with Republicans irate over what they describe as presidential overreach, and most Democrats lining up behind Obama, who has threatened to veto the legislation.

Last month, the House passed the bill funding DHS through September, but attached five riders that would strip Obama’s authority to carry out his executive action on immigration.

Blocking the bill’s advancement forces lawmakers to craft a compromise in barely three weeks, pass a “clean” DHS funding bill, or see parts of the department that oversees border security, cyberterrorism prevention and the US Secret Service which protects the president go into partial shutdown.

Democrats oppose the bill’s “poison pill” immigration inserts, and insist on passing a straightforward DHS funding bill.

“If my colleagues want to fix our broken immigration system, we are happy to have a debate,” Democratic Senate Minority Leader Harry Reid said of Republicans.

“But we should not put our national security at risk in the meantime.”

Senate Majority Leader Mitch McConnell acknowledged the vote was largely about challenging Democrats and their support for the president while he “repeatedly reached beyond his authority.”

He called Democratic opposition to the bill an “absurd position” that jeopardizes funding for vital security programs.

McConnell in the end voted against the measure for procedural reasons, but one Republican, Dean Heller, joined Democrats in opposition.

Senator John McCain said he and fellow Republicans were weighing options for the path forward.

“I’m not sure exactly what I’d support, but I do not support shutting down DHS,” he told reporters.

“This is going to be a real moving target here for the next week or so… but the object must be not to shut down the government.”

Obama on Monday visited DHS, where he urged Republicans not to play chicken over federal spending.

He warned that failure to fund DHS would mean paychecks halt for 40,000 border patrol agents, 50,000 airport screeners and 13,000 immigration officers.

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Immigration rules shouldn't separate parents and children, experts say

Immigration experts say couples applying for permanent residency shouldn’t have to choose between coming to Canada on their own or staying in their home country with their newborn — so long as proper immigration procedures are followed.

“We always tell people: ‘Don’t allow your immigration status to influence your family planning,’” says David LeBlanc, a managing director and senior counsel at Ferreira-Wells Immigration Services.

However, once a woman gives birth to a child, the couple must report that to Citizenship and Immigration Canada, he says. It is the same for any important change in family status.

There have been a number of stories recently about immigrant parents being separated from an infant due to Canadian immigration policies.

Immigration consultants say the problem is more common than you might think. But at the same time it is not typical for immigration officials to force permanent residents to choose between Canada or their newborn.

Samah and Ahmed Aboushady — permanent residents who live in Ontario with their two daughters — have been fighting with Citizenship and Immigration Canada to bring their baby boy into the country from Cairo. Samah gave birth to Adam in the U.K., after the couple officially became permanent residents. 

But when CIC rejected a visitor’s visa for Adam, the parents had to either continue living outside of Canada and forfeit their permanent residency or leave Adam behind until the paperwork could be sorted out. That is what they did, leaving Adam  in Cairo with his grandparents for most of the past year.

However, Bhavna Bajaj, the mother, says the couple was told they had broken the law by not revealing they had a child in India. Their application to sponsor their child on humanitarian and compassionate grounds was rejected.In a similar case in late 2014, an Indian couple with permanent resident status moved to Canada, leaving their three-year-old son behind. They thought they could sponsor him after their arrival.

Births must be disclosed

A birth or any change in family structure, additional work experience or education, or a change in a person’s medical condition should be automatically disclosed to the relevant overseas embassy and CIC if the individual’s case is in process, says Dory Jade, the president of the Canadian Association of Professional Immigrant Consultants. 

“Until you get to the point of entry, anything should be disclosed — anything,” he says.

In the Bajaj case, the couple say an immigration consultant advised them to sponsor their son after they arrived in Canada, which is why they did not disclose the birth to immigration officials.​​

Jade says there are “many cases like this” and that it is “common” for applicants to wait to disclose all their dependants until after they’ve received permanent residency and have arrived in Canada. Unregistered immigration consultants sometimes inform applicants that it’s OK to sponsor an undisclosed child after arriving here.

However, the Canadian government views this as misrepresentation, regardless of whether the applicant concealed information intentionally or by mistake.

Applicants found guilty of misrepresentation under section 40 of Canada’s Immigration and Refugee Protection Act can be banned from Canada for two years.

Unregistered consultants ‘don’t follow any law’

CIC does not require applicants to work with an immigration consultant. But, Jade and LeBlanc say it’s important to work with a registered one to have recourse if anything goes awry.

Unregistered consultants “don’t follow any law. They can tell you anything,” says Jade.

If a consultant is registered with the Immigration Consultants of Canada Regulatory Council, then applicants who received misinformation can file a complaint. With unregistered consultants that option doesn’t exist. 

It can also be risky to apply without any help. When people attempt to apply on their own, they can be unaware of proper procedures and timelines, says LeBlanc.

“If they make any mistakes, CIC will usually not be very helpful,” he says. “We’ve had families come to us that are just absolutely devastated at the possibility of being separated from a young baby.”

His firm has helped a number of families avoid being separated like Bajaj and the Aboushadys. 

They helped a young Canadian in Kenya, who was attempting to sponsor his wife and register their newborn for Canadian citizenship.

They had him also apply to sponsor the child because citizenship often takes longer to be granted, which could have left the child alone in Kenya after the mother was granted permanent residency.

In situations like the Aboushadys, the firm will push hard for special consideration from the embassy’s program manager or secretary of immigration, who supervise the visa program.

“That’s often the case where the visa office really should just issue a visitor visa immediately to facilitate that family returning,” he says.

Officers have discretion

Both experts are confounded by the Aboushadys’ situation. CIC rejected the baby’s visitor visa in July of last year. Recently, the family was told their application to sponsor Adam’s permanent residency was “incomplete.”

LeBlanc calls the initial visitor’s visa rejection “gross.” While Jade says the decision seems “weird” and shows “a lack of judgment from the officer.”

Adam should be granted a visitor’s visa on humanitarian and compassionate grounds, they both say.

“Discretion can be used,” says Jade. “It’s just a visa, you know.”

LeBlanc agrees. He says no changes to CIC’s system are necessary, but officers should be alert to humanitarian and compassionate circumstances.

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Report faults York County Prison in immigrant prisoner's 2013 suicide




Despite repeatedly placing her on suicide watch, the York County (Pa.) Prison failed to properly monitor an Antiguan immigrant with chronic schizophrenia who managed to hang herself in her cell 15 months ago, according to federal investigators.

The review – obtained last week by The Inquirer – also points to the shared responsibility of U.S. Immigration and Customs Enforcement in managing care for Tiombe Kimana Carlos.

It states that just days before Carlos’ death in October 2013 – and two months after the 34-year-old had made another bid to hang herself in a cell – a deputy prison warden had asked ICE to consider placing her in a psychiatric facility. The local ICE office said an appropriate alternative to incarceration was unavailable.

The review by ICE’s offices of professional responsibility and detention oversight also found multiple deficiencies in her care and in prison operations.















Though it stopped short of assigning blame for her death and takes no position on whether the suicide was preventable, the 32-page report paints a picture of a seriously disturbed woman whose transfers among prison units were supposed to be guided by “a psychiatric alert, requiring clearance by medical staff … but none was ever generated.”

Under an intergovernmental services agreement, the 2,500-inmate county prison in south central Pennsylvania houses immigrant detainees arrested by the Philadelphia-area field office of ICE.

Carlos’ detention and death were chronicled by The Inquirer in November 2013. The ICE review into her death was completed last summer, but ICE only released it last week to The Inquirer after the newspaper sought comment for an article about the probe’s delay.

Carlos’ immigration lawyer, Thomas Griffin of Philadelphia, said he was unaware of the findings until shown them by The Inquirer. He said the report shows that officials knew the severity of his client’s mental illness and did not address it adequately.

“They admit that professional treatment was nothing more than a regular injection of [the psychotropic drug] Haldol to keep her mummified,” Griffin said. “It’s inexcusable that it had to end with her death, rather than release to … psychiatric care.”

Among the report’s findings:

Five times from 2011 through 2013, Carlos was put on suicide watch.

Despite getting biweekly injections of Haldol, she never had a treatment plan “with measurable goals … to guide mental health interventions.”

When Carlos acted out, guards soaked her with pepper spray. After an episode in 2012, she did not get routine follow-up at the infirmary for chemical decontamination and was told to wash with plain water from her cell’s tap – a weak remedy, according to spray manufacturers.

In 2011, a guard zapped Carlos’ left inner thigh with an electronic stun gun, leaving a mark, even though ICE’s contract with York “prohibits the use of electronic devices on immigrant detainees.” A note in the file says the guard “was unaware” she was an ICE detainee.

“Tiombe was sick, but she wasn’t stupid,” said Griffin. “Suicide was her way out of hopelessness.”

When ICE investigators examined the cell block where Carlos killed herself, they observed three regular cells and three suicide-prevention cells.

The report appears to indicate that Carlos was in a regular cell. Investigators noted that a window with two horizontal bars is at the back of each regular cell, with Plexiglas panels over the windows and bars to prevent attaching anything there. Further investigation revealed that the panels were installed about one month after Carlos killed herself.

While the report’s authors documented the deficiencies, they took pains to say they were for “information only” and “should not be construed in any way as meaning the deficiency contributed to the death of the detainee.”

The next step is for ICE’s Office of Detention Oversight to work with the field office and the prison on a “corrective action plan,” said an ICE spokeswoman, who did not elaborate.

Carl Lindquist, a spokesman for York County, declined to comment regarding Carlos but said all suicides are investigated.

“In addition to any external review that may be conducted,” he said, “the prison … conducts an internal review. … Any deficiencies identified are corrected.”

Of nearly 140,000 inmates and detainees held at the prison since January 2008, he said, five have committed suicide.

The federal review also notes that ICE had been trying since July 2012 to obtain travel documents from the consulate of Antigua and Barbuda to carry out Carlos’ removal from the United States. In an interview after the suicide, a consular official said Carlos’ mental illness, and ongoing litigation, were reasons not to issue the document.

Investigators visited the prison from Dec. 10 through 12, 2013, and delivered their report to ICE top management in July.

It noted that Carlos was born in the Caribbean nation in 1978, and was 4 when her family moved to New York City as legal permanent residents of the United States. She was 14 the first time her schizophrenia was diagnosed. She was 30 when her green card was revoked for petty crimes, probation violations, and hitting a police officer who arrested her after a bar brawl. She was a month from her 35th birthday when she died.

Survivors include her mother, father, sister, brother, and 16-year-old daughter.

For the Carlos family, represented by attorney Jonathan Feinberg of Kairys, Rudovsky, Messing & Feinberg, a civil rights firm in Philadelphia, the official silence after ICE’s public promise 15 months ago to investigate left an impression the case was languishing. On June 20, Feinberg filed a Freedom of Information Act request and has yet to get a reply.

“The report appears to show some serious deficiencies,” Feinberg said after reviewing The Inquirer’s copy. “We are continuing to investigate the circumstances that led to Tiombe’s death and will decide whether to proceed with litigation soon.”

Last November, on what would have been Carlos’ 36th birthday, members of her family brought flowers to her grave at Merion Memorial Park in Bala Cynwyd.

Then they made a down payment on her headstone.

 


mmatza@phillynews.com

215-854-2541 @MichaelMatza1

 







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Report faults York County Prison in immigrant prisoner's 2013 suicide
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Report faults York County Prison in immigrant prisoner's 2013 suicide




Despite repeatedly placing her on suicide watch, the York County (Pa.) Prison failed to properly monitor an Antiguan immigrant with chronic schizophrenia who managed to hang herself in her cell 15 months ago, according to federal investigators.

The review – obtained last week by The Inquirer – also points to the shared responsibility of U.S. Immigration and Customs Enforcement in managing care for Tiombe Kimana Carlos.

It states that just days before Carlos’ death in October 2013 – and two months after the 34-year-old had made another bid to hang herself in a cell – a deputy prison warden had asked ICE to consider placing her in a psychiatric facility. The local ICE office said an appropriate alternative to incarceration was unavailable.

The review by ICE’s offices of professional responsibility and detention oversight also found multiple deficiencies in her care and in prison operations.















Though it stopped short of assigning blame for her death and takes no position on whether the suicide was preventable, the 32-page report paints a picture of a seriously disturbed woman whose transfers among prison units were supposed to be guided by “a psychiatric alert, requiring clearance by medical staff … but none was ever generated.”

Under an intergovernmental services agreement, the 2,500-inmate county prison in south central Pennsylvania houses immigrant detainees arrested by the Philadelphia-area field office of ICE.

Carlos’ detention and death were chronicled by The Inquirer in November 2013. The ICE review into her death was completed last summer, but ICE only released it last week to The Inquirer after the newspaper sought comment for an article about the probe’s delay.

Carlos’ immigration lawyer, Thomas Griffin of Philadelphia, said he was unaware of the findings until shown them by The Inquirer. He said the report shows that officials knew the severity of his client’s mental illness and did not address it adequately.

“They admit that professional treatment was nothing more than a regular injection of [the psychotropic drug] Haldol to keep her mummified,” Griffin said. “It’s inexcusable that it had to end with her death, rather than release to … psychiatric care.”

Among the report’s findings:

Five times from 2011 through 2013, Carlos was put on suicide watch.

Despite getting biweekly injections of Haldol, she never had a treatment plan “with measurable goals … to guide mental health interventions.”

When Carlos acted out, guards soaked her with pepper spray. After an episode in 2012, she did not get routine follow-up at the infirmary for chemical decontamination and was told to wash with plain water from her cell’s tap – a weak remedy, according to spray manufacturers.

In 2011, a guard zapped Carlos’ left inner thigh with an electronic stun gun, leaving a mark, even though ICE’s contract with York “prohibits the use of electronic devices on immigrant detainees.” A note in the file says the guard “was unaware” she was an ICE detainee.

“Tiombe was sick, but she wasn’t stupid,” said Griffin. “Suicide was her way out of hopelessness.”

When ICE investigators examined the cell block where Carlos killed herself, they observed three regular cells and three suicide-prevention cells.

The report appears to indicate that Carlos was in a regular cell. Investigators noted that a window with two horizontal bars is at the back of each regular cell, with Plexiglas panels over the windows and bars to prevent attaching anything there. Further investigation revealed that the panels were installed about one month after Carlos killed herself.

While the report’s authors documented the deficiencies, they took pains to say they were for “information only” and “should not be construed in any way as meaning the deficiency contributed to the death of the detainee.”

The next step is for ICE’s Office of Detention Oversight to work with the field office and the prison on a “corrective action plan,” said an ICE spokeswoman, who did not elaborate.

Carl Lindquist, a spokesman for York County, declined to comment regarding Carlos but said all suicides are investigated.

“In addition to any external review that may be conducted,” he said, “the prison … conducts an internal review. … Any deficiencies identified are corrected.”

Of nearly 140,000 inmates and detainees held at the prison since January 2008, he said, five have committed suicide.

The federal review also notes that ICE had been trying since July 2012 to obtain travel documents from the consulate of Antigua and Barbuda to carry out Carlos’ removal from the United States. In an interview after the suicide, a consular official said Carlos’ mental illness, and ongoing litigation, were reasons not to issue the document.

Investigators visited the prison from Dec. 10 through 12, 2013, and delivered their report to ICE top management in July.

It noted that Carlos was born in the Caribbean nation in 1978, and was 4 when her family moved to New York City as legal permanent residents of the United States. She was 14 the first time her schizophrenia was diagnosed. She was 30 when her green card was revoked for petty crimes, probation violations, and hitting a police officer who arrested her after a bar brawl. She was a month from her 35th birthday when she died.

Survivors include her mother, father, sister, brother, and 16-year-old daughter.

For the Carlos family, represented by attorney Jonathan Feinberg of Kairys, Rudovsky, Messing & Feinberg, a civil rights firm in Philadelphia, the official silence after ICE’s public promise 15 months ago to investigate left an impression the case was languishing. On June 20, Feinberg filed a Freedom of Information Act request and has yet to get a reply.

“The report appears to show some serious deficiencies,” Feinberg said after reviewing The Inquirer’s copy. “We are continuing to investigate the circumstances that led to Tiombe’s death and will decide whether to proceed with litigation soon.”

Last November, on what would have been Carlos’ 36th birthday, members of her family brought flowers to her grave at Merion Memorial Park in Bala Cynwyd.

Then they made a down payment on her headstone.

 


mmatza@phillynews.com

215-854-2541 @MichaelMatza1

 







Source Article from http://www.philly.com/philly/news/20150203_Report_faults_York_County_Prison_in_immigrant_prisoner_s_2013_suicide.html
Report faults York County Prison in immigrant prisoner's 2013 suicide
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Report faults York County Prison in immigrant prisoner's 2013 suicide




Despite repeatedly placing her on suicide watch, the York County (Pa.) Prison failed to properly monitor an Antiguan immigrant with chronic schizophrenia who managed to hang herself in her cell 15 months ago, according to federal investigators.

The review – obtained last week by The Inquirer – also points to the shared responsibility of U.S. Immigration and Customs Enforcement in managing care for Tiombe Kimana Carlos.

It states that just days before Carlos’ death in October 2013 – and two months after the 34-year-old had made another bid to hang herself in a cell – a deputy prison warden had asked ICE to consider placing her in a psychiatric facility. The local ICE office said an appropriate alternative to incarceration was unavailable.

The review by ICE’s offices of professional responsibility and detention oversight also found multiple deficiencies in her care and in prison operations.















Though it stopped short of assigning blame for her death and takes no position on whether the suicide was preventable, the 32-page report paints a picture of a seriously disturbed woman whose transfers among prison units were supposed to be guided by “a psychiatric alert, requiring clearance by medical staff … but none was ever generated.”

Under an intergovernmental services agreement, the 2,500-inmate county prison in south central Pennsylvania houses immigrant detainees arrested by the Philadelphia-area field office of ICE.

Carlos’ detention and death were chronicled by The Inquirer in November 2013. The ICE review into her death was completed last summer, but ICE only released it last week to The Inquirer after the newspaper sought comment for an article about the probe’s delay.

Carlos’ immigration lawyer, Thomas Griffin of Philadelphia, said he was unaware of the findings until shown them by The Inquirer. He said the report shows that officials knew the severity of his client’s mental illness and did not address it adequately.

“They admit that professional treatment was nothing more than a regular injection of [the psychotropic drug] Haldol to keep her mummified,” Griffin said. “It’s inexcusable that it had to end with her death, rather than release to … psychiatric care.”

Among the report’s findings:

Five times from 2011 through 2013, Carlos was put on suicide watch.

Despite getting biweekly injections of Haldol, she never had a treatment plan “with measurable goals … to guide mental health interventions.”

When Carlos acted out, guards soaked her with pepper spray. After an episode in 2012, she did not get routine follow-up at the infirmary for chemical decontamination and was told to wash with plain water from her cell’s tap – a weak remedy, according to spray manufacturers.

In 2011, a guard zapped Carlos’ left inner thigh with an electronic stun gun, leaving a mark, even though ICE’s contract with York “prohibits the use of electronic devices on immigrant detainees.” A note in the file says the guard “was unaware” she was an ICE detainee.

“Tiombe was sick, but she wasn’t stupid,” said Griffin. “Suicide was her way out of hopelessness.”

When ICE investigators examined the cell block where Carlos killed herself, they observed three regular cells and three suicide-prevention cells.

The report appears to indicate that Carlos was in a regular cell. Investigators noted that a window with two horizontal bars is at the back of each regular cell, with Plexiglas panels over the windows and bars to prevent attaching anything there. Further investigation revealed that the panels were installed about one month after Carlos killed herself.

While the report’s authors documented the deficiencies, they took pains to say they were for “information only” and “should not be construed in any way as meaning the deficiency contributed to the death of the detainee.”

The next step is for ICE’s Office of Detention Oversight to work with the field office and the prison on a “corrective action plan,” said an ICE spokeswoman, who did not elaborate.

Carl Lindquist, a spokesman for York County, declined to comment regarding Carlos but said all suicides are investigated.

“In addition to any external review that may be conducted,” he said, “the prison … conducts an internal review. … Any deficiencies identified are corrected.”

Of nearly 140,000 inmates and detainees held at the prison since January 2008, he said, five have committed suicide.

The federal review also notes that ICE had been trying since July 2012 to obtain travel documents from the consulate of Antigua and Barbuda to carry out Carlos’ removal from the United States. In an interview after the suicide, a consular official said Carlos’ mental illness, and ongoing litigation, were reasons not to issue the document.

Investigators visited the prison from Dec. 10 through 12, 2013, and delivered their report to ICE top management in July.

It noted that Carlos was born in the Caribbean nation in 1978, and was 4 when her family moved to New York City as legal permanent residents of the United States. She was 14 the first time her schizophrenia was diagnosed. She was 30 when her green card was revoked for petty crimes, probation violations, and hitting a police officer who arrested her after a bar brawl. She was a month from her 35th birthday when she died.

Survivors include her mother, father, sister, brother, and 16-year-old daughter.

For the Carlos family, represented by attorney Jonathan Feinberg of Kairys, Rudovsky, Messing & Feinberg, a civil rights firm in Philadelphia, the official silence after ICE’s public promise 15 months ago to investigate left an impression the case was languishing. On June 20, Feinberg filed a Freedom of Information Act request and has yet to get a reply.

“The report appears to show some serious deficiencies,” Feinberg said after reviewing The Inquirer’s copy. “We are continuing to investigate the circumstances that led to Tiombe’s death and will decide whether to proceed with litigation soon.”

Last November, on what would have been Carlos’ 36th birthday, members of her family brought flowers to her grave at Merion Memorial Park in Bala Cynwyd.

Then they made a down payment on her headstone.

 


mmatza@phillynews.com

215-854-2541 @MichaelMatza1

 







Source Article from http://www.philly.com/philly/news/20150203_Report_faults_York_County_Prison_in_immigrant_prisoner_s_2013_suicide.html
Report faults York County Prison in immigrant prisoner's 2013 suicide
http://www.philly.com/philly/news/20150203_Report_faults_York_County_Prison_in_immigrant_prisoner_s_2013_suicide.html
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immigrant – Yahoo News Search Results
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Report faults York County Prison in immigrant prisoner's 2013 suicide




Despite repeatedly placing her on suicide watch, the York County (Pa.) Prison failed to properly monitor an Antiguan immigrant with chronic schizophrenia who managed to hang herself in her cell 15 months ago, according to federal investigators.

The review – obtained last week by The Inquirer – also points to the shared responsibility of U.S. Immigration and Customs Enforcement in managing care for Tiombe Kimana Carlos.

It states that just days before Carlos’ death in October 2013 – and two months after the 34-year-old had made another bid to hang herself in a cell – a deputy prison warden had asked ICE to consider placing her in a psychiatric facility. The local ICE office said an appropriate alternative to incarceration was unavailable.

The review by ICE’s offices of professional responsibility and detention oversight also found multiple deficiencies in her care and in prison operations.















Though it stopped short of assigning blame for her death and takes no position on whether the suicide was preventable, the 32-page report paints a picture of a seriously disturbed woman whose transfers among prison units were supposed to be guided by “a psychiatric alert, requiring clearance by medical staff … but none was ever generated.”

Under an intergovernmental services agreement, the 2,500-inmate county prison in south central Pennsylvania houses immigrant detainees arrested by the Philadelphia-area field office of ICE.

Carlos’ detention and death were chronicled by The Inquirer in November 2013. The ICE review into her death was completed last summer, but ICE only released it last week to The Inquirer after the newspaper sought comment for an article about the probe’s delay.

Carlos’ immigration lawyer, Thomas Griffin of Philadelphia, said he was unaware of the findings until shown them by The Inquirer. He said the report shows that officials knew the severity of his client’s mental illness and did not address it adequately.

“They admit that professional treatment was nothing more than a regular injection of [the psychotropic drug] Haldol to keep her mummified,” Griffin said. “It’s inexcusable that it had to end with her death, rather than release to … psychiatric care.”

Among the report’s findings:

Five times from 2011 through 2013, Carlos was put on suicide watch.

Despite getting biweekly injections of Haldol, she never had a treatment plan “with measurable goals … to guide mental health interventions.”

When Carlos acted out, guards soaked her with pepper spray. After an episode in 2012, she did not get routine follow-up at the infirmary for chemical decontamination and was told to wash with plain water from her cell’s tap – a weak remedy, according to spray manufacturers.

In 2011, a guard zapped Carlos’ left inner thigh with an electronic stun gun, leaving a mark, even though ICE’s contract with York “prohibits the use of electronic devices on immigrant detainees.” A note in the file says the guard “was unaware” she was an ICE detainee.

“Tiombe was sick, but she wasn’t stupid,” said Griffin. “Suicide was her way out of hopelessness.”

When ICE investigators examined the cell block where Carlos killed herself, they observed three regular cells and three suicide-prevention cells.

The report appears to indicate that Carlos was in a regular cell. Investigators noted that a window with two horizontal bars is at the back of each regular cell, with Plexiglas panels over the windows and bars to prevent attaching anything there. Further investigation revealed that the panels were installed about one month after Carlos killed herself.

While the report’s authors documented the deficiencies, they took pains to say they were for “information only” and “should not be construed in any way as meaning the deficiency contributed to the death of the detainee.”

The next step is for ICE’s Office of Detention Oversight to work with the field office and the prison on a “corrective action plan,” said an ICE spokeswoman, who did not elaborate.

Carl Lindquist, a spokesman for York County, declined to comment regarding Carlos but said all suicides are investigated.

“In addition to any external review that may be conducted,” he said, “the prison … conducts an internal review. … Any deficiencies identified are corrected.”

Of nearly 140,000 inmates and detainees held at the prison since January 2008, he said, five have committed suicide.

The federal review also notes that ICE had been trying since July 2012 to obtain travel documents from the consulate of Antigua and Barbuda to carry out Carlos’ removal from the United States. In an interview after the suicide, a consular official said Carlos’ mental illness, and ongoing litigation, were reasons not to issue the document.

Investigators visited the prison from Dec. 10 through 12, 2013, and delivered their report to ICE top management in July.

It noted that Carlos was born in the Caribbean nation in 1978, and was 4 when her family moved to New York City as legal permanent residents of the United States. She was 14 the first time her schizophrenia was diagnosed. She was 30 when her green card was revoked for petty crimes, probation violations, and hitting a police officer who arrested her after a bar brawl. She was a month from her 35th birthday when she died.

Survivors include her mother, father, sister, brother, and 16-year-old daughter.

For the Carlos family, represented by attorney Jonathan Feinberg of Kairys, Rudovsky, Messing & Feinberg, a civil rights firm in Philadelphia, the official silence after ICE’s public promise 15 months ago to investigate left an impression the case was languishing. On June 20, Feinberg filed a Freedom of Information Act request and has yet to get a reply.

“The report appears to show some serious deficiencies,” Feinberg said after reviewing The Inquirer’s copy. “We are continuing to investigate the circumstances that led to Tiombe’s death and will decide whether to proceed with litigation soon.”

Last November, on what would have been Carlos’ 36th birthday, members of her family brought flowers to her grave at Merion Memorial Park in Bala Cynwyd.

Then they made a down payment on her headstone.

 


mmatza@phillynews.com

215-854-2541 @MichaelMatza1

 







Source Article from http://www.philly.com/philly/news/20150203_Report_faults_York_County_Prison_in_immigrant_prisoner_s_2013_suicide.html
Report faults York County Prison in immigrant prisoner's 2013 suicide
http://www.philly.com/philly/news/20150203_Report_faults_York_County_Prison_in_immigrant_prisoner_s_2013_suicide.html
http://news.search.yahoo.com/news/rss?p=immigrant
immigrant – Yahoo News Search Results
immigrant – Yahoo News Search Results

Report faults York County Prison in immigrant prisoner's 2013 suicide




Despite repeatedly placing her on suicide watch, the York County (Pa.) Prison failed to properly monitor an Antiguan immigrant with chronic schizophrenia who managed to hang herself in her cell 15 months ago, according to federal investigators.

The review – obtained last week by The Inquirer – also points to the shared responsibility of U.S. Immigration and Customs Enforcement in managing care for Tiombe Kimana Carlos.

It states that just days before Carlos’ death in October 2013 – and two months after the 34-year-old had made another bid to hang herself in a cell – a deputy prison warden had asked ICE to consider placing her in a psychiatric facility. The local ICE office said an appropriate alternative to incarceration was unavailable.

The review by ICE’s offices of professional responsibility and detention oversight also found multiple deficiencies in her care and in prison operations.

















Though it stopped short of assigning blame for her death and takes no position on whether the suicide was preventable, the 32-page report paints a picture of a seriously disturbed woman whose transfers among prison units were supposed to be guided by “a psychiatric alert, requiring clearance by medical staff … but none was ever generated.”

Under an intergovernmental services agreement, the 2,500-inmate county prison in south central Pennsylvania houses immigrant detainees arrested by the Philadelphia-area field office of ICE.

Carlos’ detention and death were chronicled by The Inquirer in November 2013. The ICE review into her death was completed last summer, but ICE only released it last week to The Inquirer after the newspaper sought comment for an article about the probe’s delay.

Carlos’ immigration lawyer, Thomas Griffin of Philadelphia, said he was unaware of the findings until shown them by The Inquirer. He said the report shows that officials knew the severity of his client’s mental illness and did not address it adequately.

“They admit that professional treatment was nothing more than a regular injection of [the psychotropic drug] Haldol to keep her mummified,” Griffin said. “It’s inexcusable that it had to end with her death, rather than release to … psychiatric care.”

Among the report’s findings:

Five times from 2011 through 2013, Carlos was put on suicide watch.

Despite getting biweekly injections of Haldol, she never had a treatment plan “with measurable goals … to guide mental health interventions.”

When Carlos acted out, guards soaked her with pepper spray. After an episode in 2012, she did not get routine follow-up at the infirmary for chemical decontamination and was told to wash with plain water from her cell’s tap – a weak remedy, according to spray manufacturers.

In 2011, a guard zapped Carlos’ left inner thigh with an electronic stun gun, leaving a mark, even though ICE’s contract with York “prohibits the use of electronic devices on immigrant detainees.” A note in the file says the guard “was unaware” she was an ICE detainee.

“Tiombe was sick, but she wasn’t stupid,” said Griffin. “Suicide was her way out of hopelessness.”

When ICE investigators examined the cell block where Carlos killed herself, they observed three regular cells and three suicide-prevention cells.

The report appears to indicate that Carlos was in a regular cell. Investigators noted that a window with two horizontal bars is at the back of each regular cell, with Plexiglas panels over the windows and bars to prevent attaching anything there. Further investigation revealed that the panels were installed about one month after Carlos killed herself.

While the report’s authors documented the deficiencies, they took pains to say they were for “information only” and “should not be construed in any way as meaning the deficiency contributed to the death of the detainee.”

The next step is for ICE’s Office of Detention Oversight to work with the field office and the prison on a “corrective action plan,” said an ICE spokeswoman, who did not elaborate.

Carl Lindquist, a spokesman for York County, declined to comment regarding Carlos but said all suicides are investigated.

“In addition to any external review that may be conducted,” he said, “the prison … conducts an internal review. … Any deficiencies identified are corrected.”

Of nearly 140,000 inmates and detainees held at the prison since January 2008, he said, five have committed suicide.

The federal review also notes that ICE had been trying since July 2012 to obtain travel documents from the consulate of Antigua and Barbuda to carry out Carlos’ removal from the United States. In an interview after the suicide, a consular official said Carlos’ mental illness, and ongoing litigation, were reasons not to issue the document.

Investigators visited the prison from Dec. 10 through 12, 2013, and delivered their report to ICE top management in July.

It noted that Carlos was born in the Caribbean nation in 1978, and was 4 when her family moved to New York City as legal permanent residents of the United States. She was 14 the first time her schizophrenia was diagnosed. She was 30 when her green card was revoked for petty crimes, probation violations, and hitting a police officer who arrested her after a bar brawl. She was a month from her 35th birthday when she died.

Survivors include her mother, father, sister, brother, and 16-year-old daughter.

For the Carlos family, represented by attorney Jonathan Feinberg of Kairys, Rudovsky, Messing & Feinberg, a civil rights firm in Philadelphia, the official silence after ICE’s public promise 15 months ago to investigate left an impression the case was languishing. On June 20, Feinberg filed a Freedom of Information Act request and has yet to get a reply.

“The report appears to show some serious deficiencies,” Feinberg said after reviewing The Inquirer’s copy. “We are continuing to investigate the circumstances that led to Tiombe’s death and will decide whether to proceed with litigation soon.”

Last November, on what would have been Carlos’ 36th birthday, members of her family brought flowers to her grave at Merion Memorial Park in Bala Cynwyd.

Then they made a down payment on her headstone.

 


mmatza@phillynews.com

215-854-2541 @MichaelMatza1

 







Source Article from http://www.philly.com/inquirer/front_page/20150203_Report_faults_York_County_Prison_in_immigrant_prisoner_s_2013_suicide.html
Report faults York County Prison in immigrant prisoner's 2013 suicide
http://www.philly.com/inquirer/front_page/20150203_Report_faults_York_County_Prison_in_immigrant_prisoner_s_2013_suicide.html
http://news.search.yahoo.com/news/rss?p=immigrant
immigrant – Yahoo News Search Results
immigrant – Yahoo News Search Results

Report faults York County Prison in immigrant prisoner's 2013 suicide




Despite repeatedly placing her on suicide watch, the York County (Pa.) Prison failed to properly monitor an Antiguan immigrant with chronic schizophrenia who managed to hang herself in her cell 15 months ago, according to federal investigators.

The review – obtained last week by The Inquirer – also points to the shared responsibility of U.S. Immigration and Customs Enforcement in managing care for Tiombe Kimana Carlos.

It states that just days before Carlos’ death in October 2013 – and two months after the 34-year-old had made another bid to hang herself in a cell – a deputy prison warden had asked ICE to consider placing her in a psychiatric facility. The local ICE office said an appropriate alternative to incarceration was unavailable.

The review by ICE’s offices of professional responsibility and detention oversight also found multiple deficiencies in her care and in prison operations.















Though it stopped short of assigning blame for her death and takes no position on whether the suicide was preventable, the 32-page report paints a picture of a seriously disturbed woman whose transfers among prison units were supposed to be guided by “a psychiatric alert, requiring clearance by medical staff … but none was ever generated.”

Under an intergovernmental services agreement, the 2,500-inmate county prison in south central Pennsylvania houses immigrant detainees arrested by the Philadelphia-area field office of ICE.

Carlos’ detention and death were chronicled by The Inquirer in November 2013. The ICE review into her death was completed last summer, but ICE only released it last week to The Inquirer after the newspaper sought comment for an article about the probe’s delay.

Carlos’ immigration lawyer, Thomas Griffin of Philadelphia, said he was unaware of the findings until shown them by The Inquirer. He said the report shows that officials knew the severity of his client’s mental illness and did not address it adequately.

“They admit that professional treatment was nothing more than a regular injection of [the psychotropic drug] Haldol to keep her mummified,” Griffin said. “It’s inexcusable that it had to end with her death, rather than release to … psychiatric care.”

Among the report’s findings:

Five times from 2011 through 2013, Carlos was put on suicide watch.

Despite getting biweekly injections of Haldol, she never had a treatment plan “with measurable goals … to guide mental health interventions.”

When Carlos acted out, guards soaked her with pepper spray. After an episode in 2012, she did not get routine follow-up at the infirmary for chemical decontamination and was told to wash with plain water from her cell’s tap – a weak remedy, according to spray manufacturers.

In 2011, a guard zapped Carlos’ left inner thigh with an electronic stun gun, leaving a mark, even though ICE’s contract with York “prohibits the use of electronic devices on immigrant detainees.” A note in the file says the guard “was unaware” she was an ICE detainee.

“Tiombe was sick, but she wasn’t stupid,” said Griffin. “Suicide was her way out of hopelessness.”

When ICE investigators examined the cell block where Carlos killed herself, they observed three regular cells and three suicide-prevention cells.

The report appears to indicate that Carlos was in a regular cell. Investigators noted that a window with two horizontal bars is at the back of each regular cell, with Plexiglas panels over the windows and bars to prevent attaching anything there. Further investigation revealed that the panels were installed about one month after Carlos killed herself.

While the report’s authors documented the deficiencies, they took pains to say they were for “information only” and “should not be construed in any way as meaning the deficiency contributed to the death of the detainee.”

The next step is for ICE’s Office of Detention Oversight to work with the field office and the prison on a “corrective action plan,” said an ICE spokeswoman, who did not elaborate.

Carl Lindquist, a spokesman for York County, declined to comment regarding Carlos but said all suicides are investigated.

“In addition to any external review that may be conducted,” he said, “the prison … conducts an internal review. … Any deficiencies identified are corrected.”

Of nearly 140,000 inmates and detainees held at the prison since January 2008, he said, five have committed suicide.

The federal review also notes that ICE had been trying since July 2012 to obtain travel documents from the consulate of Antigua and Barbuda to carry out Carlos’ removal from the United States. In an interview after the suicide, a consular official said Carlos’ mental illness, and ongoing litigation, were reasons not to issue the document.

Investigators visited the prison from Dec. 10 through 12, 2013, and delivered their report to ICE top management in July.

It noted that Carlos was born in the Caribbean nation in 1978, and was 4 when her family moved to New York City as legal permanent residents of the United States. She was 14 the first time her schizophrenia was diagnosed. She was 30 when her green card was revoked for petty crimes, probation violations, and hitting a police officer who arrested her after a bar brawl. She was a month from her 35th birthday when she died.

Survivors include her mother, father, sister, brother, and 16-year-old daughter.

For the Carlos family, represented by attorney Jonathan Feinberg of Kairys, Rudovsky, Messing & Feinberg, a civil rights firm in Philadelphia, the official silence after ICE’s public promise 15 months ago to investigate left an impression the case was languishing. On June 20, Feinberg filed a Freedom of Information Act request and has yet to get a reply.

“The report appears to show some serious deficiencies,” Feinberg said after reviewing The Inquirer’s copy. “We are continuing to investigate the circumstances that led to Tiombe’s death and will decide whether to proceed with litigation soon.”

Last November, on what would have been Carlos’ 36th birthday, members of her family brought flowers to her grave at Merion Memorial Park in Bala Cynwyd.

Then they made a down payment on her headstone.

 


mmatza@phillynews.com

215-854-2541 @MichaelMatza1

 







Source Article from http://www.philly.com/inquirer/front_page/20150203_Report_faults_York_County_Prison_in_immigrant_prisoner_s_2013_suicide.html
Report faults York County Prison in immigrant prisoner's 2013 suicide
http://www.philly.com/inquirer/front_page/20150203_Report_faults_York_County_Prison_in_immigrant_prisoner_s_2013_suicide.html
http://news.search.yahoo.com/news/rss?p=immigrant
immigrant – Yahoo News Search Results
immigrant – Yahoo News Search Results