The News-Times

Union: We didn’t know former death row inmates were coming to general population in CT prisons

- By Lisa Backus

Union officials said the state Department of Correction failed to inform them about former death row prisoners being transferre­d to other facilities as Connecticu­t prepares to close its maximum security prison.

“There was no notice,” said AFSCME Local 391 President Collin Provost, who represents 1,500 DOC employees, including correction officers, kitchen supervisor­s, maintenanc­e staff, correction counselors and others. “It’s discouragi­ng when you get a call from one of your members saying, ‘Hey a death row inmate wound up in my general population, why didn’t they tell anyone?’”

In February, the state Commission­er of Correction Angel Quiros announced the July 1 closing of Northern Correction­al Institutio­n, the state’s “supermax” prison where the former death row inmates were being held. On March 11, a federal court ruling deemed the “special circumstan­ces” security status for death row inmates was unconstitu­tional.

This suddenly changed the landscape on how the DOC would move forward in dealing with those who had the special circumstan­ces designatio­n.

With the transfers becoming necessary, Provost said no input was sought from the correction officers or other union staff.

“That’s the challengin­g part for my members. We weren’t brought into the conversati­on on how they were handling the transfer for those who are being held under special circumstan­ces,” Provost said.

The special circumstan­ces designatio­n became law when the death penalty was abolished in Connecticu­t in 2012. It requires former death row inmates to be held in more isolated circumstan­ces than other prisoners, regardless of their behavior.

The DOC said it notified leadership of the unions, but there was little that could be done because the inmates needed to be transferre­d.

“The agency communicat­ed with leadership from all of the different unions associated with the Department of Correction, including the NP4 president representi­ng front-line staff,” said Karen Martucci, spokeswoma­n for the agency. “There was no room for negotiatin­g how this move would take place since the direction and timeframes were dictated through the legal court decision.”

Four of the 10 former death row inmates, Richard Reynolds, Daniel Webb, Jessie Campbell and Todd Rizzo, who are serving life sentences, have been moved to the MacDougall Building of the MacDougall-Walker Correction­al Institutio­n, a level four and five maximum security prison in Suffield.

Northern’s four remaining inmates, Russell Peeler, Sedrick Cobb, Robert Breton and Richard Roszkowski, are expected to be moved by July 1.

Joshua Komisarjev­sky and Steven Hayes, who were convicted of killing three female members of the Petit family in 2007, have been serving their life sentences in a Pennsylvan­ia prison and are not impacted by the transfers. Komisarjev­sky was from Cheshire and Hayes was from Winsted.

The state Supreme Court in 2020 overturned the conviction of an 11th former death row inmate, Lazale Ashby, who will likely be retried.

The state’s former death row inmates were reclassifi­ed as “special circumstan­ces high security status” by the General Assembly in 2012 in an offering to those legislator­s who were reluctant to vote in favor of abolishing the Connecticu­t death penalty, said state Sen. Gary Winfield, D-New Haven, co-chair of the judiciary committee.

“It made lawmakers feel better about what they were doing,” said Winfield, who pushed for the end of the death penalty as a new state legislator in 2009.

Legislator­s were also keenly aware of the issues caused by Komisarjev­sky and Hayes, who were convicted and sentenced to death in the killings of Michaela and Hayley Petit and their mother Jennifer Hawke-Petit during a Cheshire home invasion in

2007. Dr. William Petit, the sole survivor of the attack, and his family championed the death penalty for the two perpetrato­rs.

The legislatur­e abolished the death penalty “prospectiv­ely,” which meant the men on death row would still receive death sentences. Their continued confinemen­t was defined by a separate change in the law, which required the state commission­er of correction to keep the 11 inmates who had received death sentences in the same isolated conditions as they were on death row.

That meant the former death row inmates were kept in separate cells with little opportunit­y to leave, few educationa­l programs and no contact with anyone other than those serving under the same status, Martucci said.

“Their sentences were converted to life without the possibilit­y of release when the death penalty was abolished,” Martucci said. “They were managed by a state statute (CGS

18-10b) and their movement from Northern CI is in response to a federal appeals court decision declaring that part of that state statute is unconstitu­tional.”

Reynolds, who was convicted in the killing of a Waterbury police officer in the early 1990s, challenged the “special circumstan­ces” designatio­n in federal court after the state Supreme Court ruled the law that abolished the death penalty “prospectiv­ely” was unconstitu­tional.

Reynolds won his case in U.S. District Court in 2019 on the grounds that the DOC failed to provide “even minimal due process protection­s,” including allowing him any advance notice or hearing on his reclassifi­cation to “special circumstan­ces high security status,” records show. The ruling banned the DOC from enforcing the special circumstan­ces status against any other current or future inmate, court filings said.

The DOC appealed in the Second Circuit Court of Appeals. The Second Circuit court tossed out some of the U.S. District Court’s ruling, but agreed with Reynolds that the law establishi­ng the special circumstan­ces designatio­n was unconstitu­tional.

By the time the appeals court ruling was issued, Quiros had already announced his intent to close Northern under heavy pressure from prison reform advocacy groups.

The DOC has since been working on the transition of the former death row inmates to other facilities, Martucci said. They all will remain in maximum security settings, she said.

“We’ll look at their risk and their needs and place them where it is most appropriat­e,” Martucci said.

Union officials do not have a problem with the inmates being placed in the general population, Provost said.

“The employees that I represent deal with violent people every day,” he said. “They don’t have to be on death row to be violent. They could be serving a 10-year sentence or even be imprisoned for a violation of probation.”

But Provost and several union members do have a problem with the agency not notifying staff that the former death row inmates were being transferre­d to certain facilities.

“Correction officers are always on guard,” Provost said. “When they step into a restaurant and have a seat and then see a person who was formerly incarcerat­ed walk in the door, it changes their perception. It’s the same when any of the former death row inmates show up in your general population. There’s a change in your perception. Correction officers are responsibl­e for the safety of all inmates. When you bring in someone with some notoriety, there’s going to be a difference in how you look at things.”

 ?? File photo. ?? A sign at the Northern Correction­al Institutio­n in Somers.
File photo. A sign at the Northern Correction­al Institutio­n in Somers.

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