Tag: prison

  • Prisoner Exams Sure For Fowl Flu, First Recorded Case In U.S.

    A prisoner in Colorado examined certain for fowl flu, the primary recognized case within the U.S.

    The unidentified guy examined certain for the H5N1 flu, the Facilities for Illness Keep watch over and Prevention showed Thursday. The extremely contagious pressure of avian flu will also be deadly in people, however well being officers mentioned the person is in large part asymptomatic and is taking Tamiflu to fight fatigue signs.

    The inmate, who used to be described as being in his 40s, used to be operating at a business farm in Montrose County as a part of a pre-release employment program when he examined certain. Well being officers recognized a “unmarried nasal specimen” within the guy and mentioned repeated trying out at the particular person used to be damaging for influenza. The affected flock used to be euthanized.

    “Scientists consider that the danger to other people is low as H5 flu viruses unfold amongst wild birds and poultry,” in step with a launch from the Colorado Division of Public Well being and Atmosphere. “They don’t generally infect people nor unfold from individual to individual. There are these days no recognized instances of this H5 flu virus spreading amongst other people. There aren’t any different showed human instances in Colorado or the USA presently.”

  • Guy Arrested In Sacramento Capturing Had Not too long ago Left Jail

    SACRAMENTO, Calif. (AP) — A wounded guy arrested in reference to a Sacramento taking pictures that killed six other people and injured a dozen extra were launched from jail weeks previous and used to be rejected for even previous liberate after prosecutors argued he “obviously has little regard for human lifestyles,” paperwork display.

    Smiley Martin, 27, used to be arrested Tuesday on suspicion of ownership of a firearm through a prohibited particular person and ownership of a gadget gun. Hours prior to Sunday’s assault, Martin had posted a are living Fb video of himself brandishing a handgun, a regulation enforcement legit advised The Related Press.

    Smiley Allen Martin, two days before he was released to Sacramento County probation for his sentence on charges of corporal injury and assault likely to cause great bodily injury on Feb. 6, 2022.
    Smiley Allen Martin, two days prior to he used to be launched to Sacramento County probation for his sentence on fees of corporal damage and attack more likely to motive nice physically damage on Feb. 6, 2022.

    California Division of Corrections and Rehabilitation by the use of Related Press

    Police had been looking to resolve if a stolen handgun discovered on the crime scene used to be used within the bloodbath. It were transformed to a weapon in a position to automated gunfire. Additionally they had been looking to resolve whether or not the gun Martin brandished in his video used to be used, the legit advised the AP. He used to be briefed at the investigation however used to be no longer licensed to publicly talk about main points and spoke on situation of anonymity.

    Martin and his brother had been amongst the ones wounded when gunfire erupted close to the state Capitol at about 2 a.m. Sunday as bars had been final and consumers crammed the streets. Greater than 100 pictures had been unleashed in rapid-fire succession as masses of other people scrambled to search out protection. Government had been looking to resolve if a side road battle out of doors a nightclub can have sparked the taking pictures.

    The Sacramento County coroner recognized the ladies killed as Johntaya Alexander, 21; Melinda Davis, 57; and Yamile Martinez-Andrade, 21. The 3 males killed had been Sergio Harris, 38; Joshua Hoye-Lucchesi, 32; and De’vazia Turner, 29.

    Xander Simpson and Britonnie Cooper, cousins of victim De'vazia Turner, console each other at the scene of Turner's death at 10th and K in Sacramento, Calif., on April 5, 2022.
    Xander Simpson and Britonnie Cooper, cousins of sufferer De’vazia Turner, console each and every different on the scene of Turner’s demise at tenth and Okay in Sacramento, Calif., on April 5, 2022.

    Scott Strazzante/San Francisco Chronicle by the use of Related Press

    Martin remained hospitalized and can be booked at the fees when his situation improves sufficient for him to be jailed, a police commentary mentioned.

    His brother, Dandrae Martin, 26, used to be arrested Monday as a “similar suspect” on suspicion of attack with a perilous weapon and being a convict wearing a loaded gun. He used to be no longer critically wounded and made a short lived look at the gun ownership fee Tuesday in Sacramento Awesome Court docket dressed in orange prison scrubs.

    Investigators consider each brothers had stolen weapons and are looking to resolve how they were given them, the regulation enforcement legit advised the AP.

    A 31-year-old guy who used to be noticed wearing a handgun straight away after the taking pictures used to be arrested Tuesday on a guns fee, although police mentioned his gun used to be no longer believed for use within the crime.

    Smiley Martin has a legal historical past relationship again to 2013. He used to be launched from state jail in February on probation after serving two years of a 10-year sentence for punching a female friend, dragging her from her house through her hair and whipping her with a belt, prosecutors mentioned.

    Martin would possibly had been launched faster, however a Parole Board rejected his bid for early liberate in Might after prosecutors mentioned the 2017 criminal attack at the side of convictions for possessing an attack weapon and thefts posed “an important, unreasonable chance of protection to the group.”

    Martin “obviously has little regard for human lifestyles and the regulation,” and has displayed a development of legal conduct from the time he used to be 18, a Sacramento County deputy district legal professional wrote in a letter ultimate 12 months to the Board of Parole Hearings.

    It wasn’t transparent if Smiley Martin had an legal professional who may discuss on his behalf.

    Dandrae Martin, who used to be held with out bail, used to be free of an Arizona jail in 2020 after serving simply over 1 1/2 years for violating probation in separate instances involving marijuana and irritated attack.

    Protection legal professional Linda Parisi mentioned she doesn’t know sufficient in regards to the California case but and whether or not she’s going to search his Martin’s liberate depends on whether or not prosecutors deliver stiffer fees.

    “If it seems that the proof demonstrates that this used to be mere presence at a scene that undoubtedly argues extra for a liberate,” Parisi mentioned. “If it displays some extra competitive habits then it will argue towards it. However we don’t know that but.”

    Related Press writers Stefanie Dazio, Brian Melley and Christopher Weber in Los Angeles, Don Thompson in Sacramento, Jacques Billeaud in Phoenix and Information Researcher Rhonda Shafner in New York Town contributed to this tale.

  • Girls’s Jail Dubbed ‘Rape Membership’ Fostered Tradition Of Abuse, Probe Unearths

    WASHINGTON (AP) — Within one of the vital solely federal ladies’s prisons in america, inmates say they’ve been subjected to rampant sexual abuse by means of correctional officials or even the warden, and have been ceaselessly threatened or punished after they attempted to talk up.

    Prisoners and staff on the federal correctional establishment in Dublin, California, actually have a title for it: “The rape membership.”

    An Related Press investigation has discovered a permissive and poisonous tradition on the Bay Space lockup, enabling years of sexual misconduct by means of predatory staff and cover-ups that experience in large part stored the abuse out of the general public eye.

    The AP acquired inside federal Bureau of Prisons paperwork, statements and recordings from inmates, interviewed present and previous jail staff and inmates and reviewed hundreds of pages of court docket data from legal and civil circumstances involving Dublin jail team.

    In combination, they element how inmates’ allegations towards participants of the most commonly male team have been overlooked or put aside, how prisoners might be despatched to solitary confinement for reporting abuse and the way officers in control of combating and investigating sexual misconduct have been themselves accused of abusing inmates or neglecting their issues.

    In a single example, a feminine inmate acknowledged a person, who was once her jail paintings manager, taunted her by means of remarking “let the video games start” when he assigned her to paintings with a repairs foreman she accused of rape. Every other employee claimed he sought after to get inmates pregnant. The warden — the person in fee at Dublin — stored nude pictures on his government-issued mobile phone of a girl he’s accused of assaulting.

    One inmate acknowledged she was once “crushed with worry, anxiousness, and anger, and cried uncontrollably” after enduring abuse and retaliation at Dublin. Every other acknowledged she pondered suicide when her cries for lend a hand went unheeded and now suffers from serious anxiousness and post-traumatic tension dysfunction.

    All sexual process between a jail employee and an inmate is against the law. Correctional staff experience really extensive energy over inmates, controlling each and every side in their lives from mealtime to lighting out, and there’s no state of affairs wherein an inmate may give consent.

    The allegations at Dublin, which up to now have ended in 4 arrests, are endemic of a bigger drawback throughout the beleaguered Bureau of Prisons. In 2020, the similar 12 months probably the most ladies at Dublin complained, there have been 422 lawsuits of staff-on-inmate sexual abuse around the machine of 122 prisons and 153,000 inmates. The company acknowledged it substantiated solely 4 of the ones lawsuits and that 290 are nonetheless being investigated. It might no longer say whether or not the allegations have been concentrated in ladies’s prisons or unfold all through the machine.

    A hotbed of corruption and misconduct, the federal jail machine has been plagued by means of myriad crises in recent times, together with in style criminality amongst staff, seriously low staffing ranges that experience hampered responses to emergencies, the speedy unfold of COVID-19, a failed reaction to the pandemic and dozens of escapes. Closing month, the embattled director, Michael Carvajal, introduced he was once resigning. On Monday, two inmates have been killed in a gang conflict at a federal detention center in Texas, prompting a national lockdown.

    The AP contacted attorneys for each and every Dublin jail worker charged with sexual abuse or named as a defendant in a lawsuit alleging abuse, and attempted achieving the lads without delay via to be had telephone numbers and e mail addresses. None replied to interview requests. A central authority attorney representing one of the vital males being sued declined remark.

    Thahesha Jusino, taking on as Dublin’s warden on the finish of the month, promised to “paintings tirelessly to reaffirm the Bureau of Prisons’ 0 tolerance for sexual abuse and sexual harassment.”

    She acknowledged the company is totally cooperating with the Justice Division’s inspector normal on lively investigations and famous {that a} “overwhelming majority” of those circumstances have been referred for investigation by means of the Bureau of Prisons itself.

    “I’m dedicated to making sure the security of our inmates, team, and the general public,” Jusino acknowledged in a remark to the AP. “A tradition of misconduct, or movements no longer consultant of the BOP’s Core Values is probably not tolerated.”

    The Justice Division acknowledged in a remark that “0 tolerance manner precisely that. The Justice Division is dedicated to each keeping responsible any team who violate their place of accept as true with and to combating those crimes from taking place within the first position.”

    FCI Dublin, about 21 miles (34 kilometers) east of Oakland, was once opened in 1974. It was once transformed in 2012 to certainly one of six women-only amenities within the federal jail machine. Actresses Lori Loughlin and Felicity Huffman each served time there for his or her involvement in a faculty admissions bribery scandal.

    As of Feb. 1, it had about 750 inmates, many serving sentences for drug crimes. There are increasingly ladies in the back of bars however they’re nonetheless a minority — solely about 6.5% of the entire federal inmate inhabitants.

    Union officers say the majority of Dublin staff are fair and hardworking, and are disillusioned that the allegations and movements of a few staff have tarnished the jail’s popularity.

    “We now have a different team. We now have veterans. We now have ex-law enforcement. We now have just right folks, they usually’re very traumatized,” Dublin union president Ed Canales acknowledged.

    Inmates and jail staff who spoke to the AP didn’t need their names printed for worry of retaliation. The AP additionally does no longer most often determine individuals who say they’re sufferers of sexual attack until they grant permission.

    Girls made the primary inside lawsuits to team participants about 5 years in the past, court docket data and inside company paperwork display, but it surely’s no longer transparent whether or not the ones lawsuits ever went anyplace. The ladies say they have been in large part overlooked, and the abuse persevered.

    One inmate who reported a 2017 sexual attack acknowledged she was once instructed not anything could be finished about her criticism as it was once a “he said-she acknowledged.” The girl, who’s now suing the Bureau of Prisons over her remedy, acknowledged she was once fired from her jail commissary activity as retaliation. When she went to file her firing, she acknowledged a Dublin counselor took her abuser’s aspect, responding: “Kid, do you need him to lose his activity?” The girl was once moved to another jail per week later.

    In 2019, every other Dublin inmate sued — first on her personal with handwritten papers, then with the backing of a formidable San Francisco regulation company — alleging {that a} repairs foreman many times raped her and that different staff facilitated the abuse and mocked her for it. When an inside jail investigator in spite of everything stuck wind of what was once taking place, the girl acknowledged she was once the person who were given punished with 3 months in solitary confinement and a switch to a federal jail in Alabama.

    Then, in 2020, every other inmate’s file that Dublin staff have been abusing inmates broke via to the Justice Division’s inspector normal and the FBI, triggering a legal investigation that has ended in the arrest of 4 staff, together with former warden Ray J. Garcia, up to now seven months. They every resist 15 years in jail, regardless that in different contemporary circumstances, sentences have ranged from 3 months to 2 years.

    Two of the lads are anticipated to plead in charge within the coming weeks in federal court docket to fees of sexual abuse of a ward. Not one of the males accused in civil fits has been charged with crimes. A number of Dublin staff are beneath investigation, regardless that it’s no longer transparent whether or not the lads accused within the civil fits are amongst them.

    The FBI acknowledged Friday that it’s proceeding to research and is on the lookout for somebody who can have been victimized to return ahead and talk with brokers.

    The previous warden, arrested closing September, is accused of molesting an inmate as she attempted to push him away. Garcia made her and every other inmate strip bare as he did rounds and took footage that have been discovered on his non-public laptop pc and government-issued mobile phone when the FBI raided his place of job and residential closing summer time, prosecutors acknowledged. The abuse ended when the pandemic exploded and girls have been locked of their cells, they acknowledged. Garcia was once later promoted; the Bureau of Prisons acknowledged it didn’t know in regards to the abuse till later.

    “In the event that they’re undressing, I’ve already regarded,” Garcia, 54, instructed the FBI in July 2021, in line with court docket data. “I don’t, like, time table a time like ‘you be undressed, and I’ll be there.’”

    Garcia, who was once put on depart after the raid and retired a month after his arrest, could also be accused of the use of his authority to intimidate certainly one of his sufferers, telling her that he was once “shut buddies” with the individual chargeable for investigating team misconduct and boasting that he may no longer be fired, prosecutors acknowledged.

    Ross Klinger, 36, a Dublin jail recycling technician, is scheduled to plead in charge on Thursday to fees he sexually abused a minimum of two inmates between March and September 2020, together with inside of a warehouse and in a transport container on jail grounds whilst every other inmate acted as a lookout.

    Klinger instructed the ladies he sought after to marry them and father their youngsters, even proposing to certainly one of them with a diamond ring after she was once discharged to a midway space, prosecutors acknowledged. Every other prisoner conscious about the abuse reported Klinger to the Bureau of Prisons in June 2020, in line with the FBI, however he was once nonetheless allowed to switch to a federal prison in San Diego months later.

    In spite of the transfer, prosecutors acknowledged, Klinger stored contacting certainly one of sufferer via an e mail deal with he created with a phony title, infrequently sending lewd messages referencing sexual acts, and messaged the opposite lady on Snapchat, announcing he cherished her and was once “keen to do the rest” for her.

    Interviewed by means of investigators in April 2021, Klinger denied any wrongdoing, however acknowledged that on account of the allegations his lifestyles was once over and that he was once considering going to jail and being categorized as a intercourse culprit. He was once in handcuffs two months later.

    “Sexual misconduct of a ward, you’ll be able to’t come again from that,” Klinger instructed investigators within the interview, in line with court docket paperwork.

    John Russell Bellhouse, 39, a jail protection administrator, is scheduled to be arraigned this month on fees he sexually abused an inmate he known as his “female friend” from February to December 2020. He was once put on depart in March and arrested in December.

    James Theodore Highhouse, 49, a jail chaplain, has already signed a plea settlement and is scheduled to plead in charge Feb. 23 to fees he put his penis on an inmate’s genitals, mouth and hand and masturbated in entrance of her in 2018 and 2019, and that he lied to investigators when wondered in regards to the abuse. He was once arrested closing month.

    Garcia, the highest-ranking federal jail respectable arrested in additional than 10 years, had an outsize affect as warden over how Dublin treated worker sexual misconduct. He led team and inmate coaching on reporting abuse and complying with the federal Jail Rape Removal Act, referred to as PREA, and had keep watch over over team self-discipline, together with in circumstances of sexual abuse. In his prior function as affiliate warden, he had had disciplinary authority over all inmates, however no longer team.

    He was once additionally in control of the legally required “rape removing” compliance audit, first scheduled for early 2020 however no longer finished till closing September — in regards to the time he was once arrested. The Bureau of Prisons blamed the pandemic for the extend and acknowledged the audit, Dublin’s first since 2017, isn’t but finalized and can’t be made public.

    In personal, Garcia was once flouting measures installed position to offer protection to inmates from sexual abuse and he later panicked that he would get stuck for his personal alleged misbehavior, court docket data display. The girl Garcia is accused of assaulting instructed investigators that one example of abuse took place whilst PREA officers have been visiting the jail. Garcia assaulted her in a converting stall designed for PREA-compliant searches, she acknowledged.

    Publicly, Garcia gave the impression to take a troublesome line on abuse. In certainly one of his first acts after he was once named warden in November 2020, he really helpful firing the upkeep foreman William Martinez, accused of rape within the 2019 go well with — albeit for what the team disciplinary procedure narrowed to a discovering of an “look of an irrelevant courting with an inmate.”

    Martinez has denied the allegations and has filed a discrimination criticism towards the Bureau of Prisons with the U.S. Equivalent Employment Alternative Fee. He has no longer been charged with a criminal offense.

    Garcia tasked every other respectable with making a last choice on punishment and that particular person lowered the penalty to a 15-day suspension, however even that was once later overturned. Inner paperwork acquired by means of the AP display that jail officers failed to appear into the allegations towards Martinez for just about two years after which, after the investigation completed, waited every other 12 months to suggest self-discipline.

    An administrative pass judgement on wrote in June that the jail’s protracted investigation “lines credulity” on a question as severe as alleged sexual abuse.

    However the pass judgement on additionally discovered that jail officers cherry-picked proof to strengthen their case, solely to finally end up unraveling it. He reversed the suspension and ordered the Bureau of Prisons to offer again pay.

  • ‘I am In Hell’: Leonard Peltier Pleads For Assist Amid Consistent COVID Lockdowns In Jail

    By no means thoughts that he shouldn’t be in a federal jail in any respect.

    Leonard Peltier, the Local American rights activist whom the FBI put in the back of bars a long time in the past with none proof that he dedicated a criminal offense, tells HuffPost that his facility’s extended COVID-19 lockdowns and failure to supply a minimum of some inmates with booster photographs has left him ― and most probably others ― unbearably remoted and getting ready for dying.

    “I’m in hell,” Peltier mentioned in a Friday observation, “and there is not any technique to take care of it however to take it so long as you’ll.”

    Peltier, who’s 77 and has severe well being issues together with diabetes and an stomach aortic aneurysm, mentioned “worry and tension” from the jail’s intense coronavirus lockdowns are taking a toll on everybody, together with personnel. He described prerequisites like having subsequent to no human touch or get entry to to telephones infrequently for weeks, no get entry to to common showers or considerable meals, and now not even the power to seem out a window or have contemporary air.

    “Left on my own and with out consideration is sort of a torture chamber for the unwell and previous,” he mentioned.

    Peltier’s facility, a high-security detention center in Florida known as USP Coleman I, is recently one in every of 98 federal prisons at a Degree 3 COVID-19 operational stage, which means that its COVID clinical isolation fee is on the best stage. For the ability’s 1,335 inmates, this interprets to no touch with folks throughout the facility and no visitation from any individual externally.

    The Coleman facility has been in its newest COVID lockdown since Jan. 11, in line with Peltier’s legal professional, Kevin Sharp. It’s been enforcing dayslong and infrequently weekslong COVID lockdowns courting again to March 2021. One of the most longer stretches have been March 6-15, June 14-30, and Dec. 12-Jan. 4, mentioned Sharp.

    Peltier says it’s now not simply mentally excruciating to undergo consistent lockdowns. He mentioned he and others on his cellblock nonetheless haven’t gotten their COVID booster photographs. They must were presented them via now; all other folks incarcerated in federal prisons won get entry to to the preliminary spherical of vaccines final Might, which means that it’s way past the six-month window for purchasing boosted to stave off attainable severe sickness or dying.

    In Peltier’s case, he were given his first COVID-19 vaccination shot in January 2021 and his 2d in Might 2021, in line with Sharp, which means that he used to be due for his booster in November. Peltier asks the jail’s clinical personnel “each probability he will get” when he and others in his cellblock gets their booster photographs, mentioned Sharp, and so they all the time say they don’t know.

    Other folks dwelling in prisons are at the next possibility of contracting COVID-19 on account of components like being in shut quarters, deficient air flow in previous amenities and the truth that some jail personnel aren’t getting vaccinated. But if lockdowns imply being denied human touch for weeks at a time and no main points on when a COVID-19 vaccine booster will probably be to be had, the location feels untenable for inmates like Peltier.

    “They’re turning an already harsh surroundings into an asylum,” he mentioned.

    Leonard Peltier, the Native American rights activist who shouldn't even be in prison, says the "fear and stress" tied to constant COVID-19 lockdowns in his prison is breaking him and others.
    Leonard Peltier, the Local American rights activist who should not also be in jail, says the “worry and tension” tied to consistent COVID-19 lockdowns in his jail is breaking him and others.

    It’s onerous to understand what number of people throughout the large federal jail machine have now not gained their booster photographs. There are recently 153,855 other folks incarcerated in federal prisons, of which 135,100 are in amenities operated via the Federal Bureau of Prisons.

    Donald Murphy, a spokesman for the Federal Bureau of Prisons, mentioned the dep. isn’t making knowledge publicly to be had with regards to inmates’ booster shot charges. As a substitute, he pointed to the dep.’s COVID useful resource webpage, which contains knowledge on the full quantity of COVID-19 vaccination photographs which were given to inmates and personnel since final yr.

    “We don’t seem to be breaking this quantity right down to replicate booster photographs best,” he mentioned.

    The Bureau of Prisons has gained a complete of 316,714 doses and administered 287,681 doses of the COVID-19 vaccine to personnel and inmates because it become to be had final Might, in line with its web site. The ones numbers come with the two-dose vaccines presented via Pfizer and Moderna, and the one-dose vaccine presented via Johnson & Johnson.

    As for the prerequisites Peltier described on the Coleman facility, Murphy declined to touch upon “anecdotal allegations” or on “prerequisites of confinement for any specific inmate.”

    He did say that the Coleman facility “is recently administering COVID booster vaccinations for inmates,” although Peltier has now not been presented one and has observed no indicators of it being presented to different inmates on his cellblock.

    Murphy additionally mentioned the Bureau of Prisons follows Facilities for Illness Keep watch over and Prevention steering in regards to COVID-19 quarantine and clinical isolation procedures.

    Right here’s Peltier’s complete observation at the prerequisites within Coleman, supplied to HuffPost:

    COVID has grew to become Coleman Jail again to the Darkish Ages. I keep in mind a time at Marion USP when I used to be installed solitary for see you later, when 72 hours may just make you begin to fail to remember who you have been. I as soon as wrote down who I used to be at the concrete ground beneath my mattress, so if I forgot, I may just learn it again to myself. I traded my final cigarette for a pencil. I’d rush to the door when a guard left the meager plate of meals, simply to look a glimpse of some other human being — despite the fact that it used to be one who hated me, it used to be some other human and just right for my thoughts for a minute.

    I’m in hell, and there is not any technique to take care of it however to take it so long as you’ll. I hold to the conclusion that individuals are in the market doing what they are able to to modify our instances in right here. The worry and tension are taking a toll on everybody, together with the personnel. You’ll see it of their faces and listen to it of their voices. The entire establishment is on general LOCKDOWN.

    Out and in of lockdown final yr a minimum of intended a bath each 3rd day, a meal past a sandwich rainy with a little bit peanut butter — however now with COVID for an excuse, not anything. No telephone, no window, no contemporary air — no people to collect — no love ones voice. No aid. Left on my own and with out consideration is sort of a torture chamber for the unwell and previous.

    The place are our human rights activists? You’re listening to from me, and with me, many determined women and men! They’re turning an already harsh surroundings into an asylum, and for those who didn’t obtain a dying penalty, we are actually staring down the face of 1! Assist me, my brothers and sisters, assist me my just right pals.

    Peltier is The usa’s longest-serving political prisoner. He’s been in the back of bars for 45 years for the 1975 murders of 2 FBI brokers all the way through a shootout on a Local American reservation ― one thing he has lengthy mentioned he didn’t do, even if it intended he may have been paroled if he mentioned he did. His trial used to be riddled with misconduct or even the U.S. legal professional who helped put Peltier in jail see you later in the past is now pleading with President Joe Biden to grant him clemency as a result of, he says, federal officers by no means had proof that he dedicated a criminal offense.

    His imprisonment has drawn protests from an astounding mixture of world human rights leaders together with Pope Francis, the Dalai Lama, Mom Teresa, Nelson Mandela and Coretta Scott King. Elected tribal leaders and the Nationwide Congress of American Indians have additionally handed resolutions urging clemency.

    Biden is most probably Peltier’s final probability at freedom prior to he dies in jail.