By CHRIS POWELL
Eight years after a mentally ill inmate was beaten to death by guards at the state prison in Newtown, last week a Superior Court judge ordered the public release of the video taken of the incident by the body cameras the guards wore.
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The video confirms that the inmate, J’Allen Jones, serving a sentence for armed robbery, resisted a strip search preparatory to his transfer to a mental health unit at the prison and then suffered pepper spraying, chest compression, blunt trauma, and asphyxiation, the latter because the pepper-spraying aggravated his asthma, about which the guards say they didn’t know. The video also confirms that the guards were slow to respond to Jones’ loss of consciousness. He died as they at last tried to revive him.
While the guards handled the incident badly at least in regard to the pepper spraying, asthma, and delay in medical treatment, a prosecutor concluded that there was no criminal violation. Indeed, the guards kept telling Jones that they were trying to get him help, and Jones is dead in large part because he put up a fight against normal procedure. There is much mental illness among prisoners and dealing with it will always be a challenge.
But the Correction Department is doubly culpable here — not just because the guards failed to restrain the prisoner without killing him but also because the department tried for years to suppress the video of the incident on the bogus rationale that its disclosure would reveal secret prison security techniques. That’s one way of thinking about pepper-spraying a mentally ill man with asthma and putting a spit-mask over his head, preventing him not only from contaminating the guards with his saliva but also from getting enough air to overcome the potentially fatal pepper spray.
When the claim of secret security techniques was deemed unpersuasive in court, the department agreed to let journalists see the video but not have copies of it, a gross contradiction of Connecticut’s freedom-of-information law. If you’re entitled to see a public record, you’re entitled to make a copy of it so others can see it as well. The department and state Attorney General William Tong, whose office represented it, were obviously afraid of the possible consequences of letting the whole state see the video.
This cover-up was disgraceful and against the public interest as well as FOI law, but Tong defended and facilitated it throughout the case even though on most days he can be found thumping his chest in front of other cameras posing as the savior of humanity.
Yes, the attorney general is obliged to represent the Correction Department and most state agencies, but not to the point of indecency and breaking the right-to-know law. Sad case as he was, J’Allen Jones was part of humanity too, and the public interest is overwhelming in being able to see what happens in closed government institutions where direct public access is impossible and state power is largely unchecked and unaccountable. Otherwise prisons become dungeons and creators of huge potential financial liability for the public, like the liabilities that may result from the Jones family’s lawsuit against the state claiming damages for his mistreatment.
The video of Jones’ last moments will become evidence in that lawsuit, and as long as Connecticut continues to abide by the state and federal constitutional requirements for public trials, the video will also become accessible to the public through the lawsuit. The attorney general should have figured as much even as he was maneuvering to prevent the video’s release.
Thanks to some guerilla journalism, the video has been posted on the internet but of course even its wide distribution may make no difference. Prisoners are seldom sympathetic characters and it seems that little can be done about mental illness anyway. But “attention must be paid,” if only for our own sake, since, as Justice Felix Frankfurter wrote, “the safeguards of liberty” — everyone’s liberty — “have frequently been forged in controversies involving not very nice people.”
Chris Powell has written about Connecticut government and politics for many years. (CPowell@cox.net)