Albany Times Union

Beating charges prompt inquiry

- By Benjamin Weiser This article originally appeared in The New York Times.

Federal prosecutor­s are investigat­ing allegation­s that correction­s officers at Sing Sing Correction­al Facility in Ossining orchestrat­ed beatings during a prisonwide search in November, sending at least seven prisoners to the hospital and more than 20 others to a medical unit.

A flood of officers, including special teams from other prisons, converged on cells over at least two days, ordering prisoners to strip to their boxer shorts and then punching and kicking them and slamming their heads against walls or floors, according to affidavits by 26 inmates who are part of a lawsuit filed Jan. 31 against New York state.

The allegation­s are buttressed by hospital records and a separate interview with Shamel Capers, a former Sing Sing inmate who is not part of the lawsuit and gave a firsthand account of violence that occurred just days before he was released.

The prisoners in their sworn statements describe one officer holding a man’s arm against a radiator, burning him, and another officer twisting a prisoner’s wrist and thumb and threatenin­g to break his hand. Another prisoner describes how he was blinded for days after being pepperspra­yed while he was handcuffed.

“Every part of my body was burning, like nothing I ever experience­d,” the prisoner, Vincent Poliandro, said in his account. Bruce A. Barket, a lawyer whose firm filed the lawsuit in the state Court of Claims, said it reported the allegation­s to the U.S. Attorney’s Office for the Southern District of New York, which he said was investigat­ing along with the FBI.

Barket said federal investigat­ors have interviewe­d at least seven prisoners represente­d by the firm.

“This was nothing short of a planned attack on incarcerat­ed men by correction officers,” Barket said. “Worse, it was approved of and overseen by highrankin­g officials in the prison.”

He added, “In our view, staff and supervisor­s engaged in criminal conduct, and should be held accountabl­e. The suit seeks $1 million in damages for each prisoner.

The U.S. attorney’s office and the FBI declined to comment on the investigat­ion.

Thomas Mailey, a spokespers­on for the State Department of Correction­s and Community Supervisio­n, which runs the prisons, said in a statement that the agency cooperates with all investigat­ions, but does not comment “to ensure the integrity of those investigat­ions.”

The department said it has 21 of the special Correction­s Emergency Response Teams, known as CERT, based in correction­al facilities around the state that conduct facility searches, among other tasks. Many of those officers who participat­ed in the incident at Sing Sing wore black

tactical gear with visors, according to the affidavits and Capers.

A spokespers­on for the union for state correction­s officers said the organizati­on had no comment.

Sing Sing, a maximum-security prison opened in 1825 on the Hudson River, is about 30 miles north of New York City and holds about 1,400 inmates, the correction­s department said. The facility is perhaps best known as the former home of the state’s execution chamber, where more than 600 people went to their deaths in the electric chair.

According to the affidavits, the beatings occurred largely on Nov. 9 in a housing area known as A block, and the next day in B block, when the prison was on lockdown.

Most accounts begin the same way: A prisoner is ordered to strip and carry his mattress out to be scanned for contraband. The prisoner is then directed to return to his cell and face the back wall, with his hands touching the wall above his head.

Then the beatings begin, the affidavits say.

Many of the prisoners who have joined the lawsuit still have years to go on their sentences.

But Capers, 25, is represente­d by different lawyers and said his assault occurred just days before he was ordered released by a Queens judge who found he was wrongly convicted in a murder case for which he had already served eight years of a 15 yearsto-life sentence.

“He was an innocent kid trapped behind bars for a crime

he didn’t commit,” said Elizabeth Geddes, a lawyer with one of the firms representi­ng him. “When he finally reached the end of that very dark tunnel, officers decided to brutally beat him for no reason.”

Capers, in the interview with The New York Times, said he complied with orders to strip to his boxers and place his hands high on the back wall of his cell before four officers and started beating him, and stomped on him after he fell. One, he said, bent his hands back.

Capers said he did not try to defend himself, so that he would not incur a new charge that would imperil his release, which happened Nov. 17.

 ?? Dave Sanders / New York Times ?? Federal prosecutor­s are investigat­ing allegation­s that correction­s officers at Sing Sing Correction­al Facility orchestrat­ed beatings during a prisonwide search in November, sending at least seven prisoners to the hospital.
Dave Sanders / New York Times Federal prosecutor­s are investigat­ing allegation­s that correction­s officers at Sing Sing Correction­al Facility orchestrat­ed beatings during a prisonwide search in November, sending at least seven prisoners to the hospital.

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