Sunday, March 9, 2014

Sunday Globe Spring Back: Cleaning Up the Messier

I'm sorry I've been so beat down and subdued on this matter.

"Correction chief, staff rebuked in patient death; Patrick acts on ‘tragic’ case of mentally ill man who died in restraints at Bridgewater State Hospital" by Michael Rezendes |  Globe Staff, March 02, 2014

Governor Deval Patrick on Saturday announced sweeping disciplinary measures against three prison guards and three high-ranking Department of Correction officials for the roles they played in the 2009 death of 23-year-old Joshua K. Messier as guards attempted to restrain him at Bridgewater State Hospital.

Patrick formally reprimanded Correction Commissioner Luis S. Spencer for his inaction in the wake of Messier’s death, which was ruled a homicide four years ago. His public safety secretary also called for the resignation of Assistant Deputy Commissioner Karen Hetherson from her $117,000-a-year job for overruling a 2011 Internal Affairs report that cited two of the guards for misconduct.

Oh, how harsh!

Patrick placed three guards on paid administrative leave, saying at least two should face disciplinary proceedings for improper use of force against the handcuffed Messier, who suffered a heart attack after guards pushed his chest almost to his knees. The third guard, he said, should be disciplined for failing to properly supervise other guards involved in Messier’s death.

“Mr. Messier’s death was tragic,” Patrick said Saturday. “When tragedies happen during this administration, I expect the responsible officials to get the facts and deal squarely with them. That did not happen here.”

Patrick called for a review of the case by Public Safety Secretary Andrea Cabral after a Globe report two weeks ago detailed the suspect circumstances of Messier’s death and the state’s complete failure to hold anyone accountable for it.

Patrick released Cabral’s 28-page review Saturday as the Globe was preparing to publish a story outlining the pattern of delays and misleading information in the state’s official response to Messier’s death. The Globe found that Bridgewater and state prison officials delayed one report for nearly two years, and failed to produce two others at all.

Okay, think this through for a minute. The Globe is preparing a damaging report regarding the case, proof the state will literally lie and conceal the truth on purpose. All of a sudden Patrick is out front with some slap-on-the-wrist discipline, and that becomes the lead. Put two-and-two together, folks. Someone at the Globe tipped off the guverner's office!

Within weeks of Messier’s death, the Globe found, Bridgewater Superintendent Karin Bergeron was scrambling to avoid providing a written explanation for the incident. She e-mailed a superior at the Department of Correction that a written report outlining the events of the evening of May 4, 2009, held “the potential for disaster here with a document being misused” — especially if it fell into the hands of a disabled persons advocacy group starting to investigate the case.

Bergeron, who is no longer a state employee, told her superior that she would contact state medical regulators about one key report to “see if they would be willing to have a phone conference . . . so that we do not have to produce a document.”

In another instance, Bridgewater and state attorneys told a state watchdog agency investigating Messier’s death that the guards had been cleared of wrongdoing by a Plymouth County grand jury. In fact, the office of District Attorney Timothy J. Cruz has confirmed that it never presented the Messier case to a grand jury to determine whether criminal charges should have been filed.

The review by Cabral suggests that former correction commissioner Harold W. Clarke set the tone for the state’s response to Messier’s death when he announced his support for the guards to senior staff in 2010 while the case was still under investigation.

In a meeting just days after Messier’s death was ruled a homicide by a state medical examiner, Clarke said, “We take exception to this — everything was appropriately and professionally done,” according to minutes of the meeting provided by the Patrick administration. Both Spencer and Hetherson were at the meeting.

Clarke, now director of Virginia’s prison system, could not be reached for comment.

In addition to the actions taken against Spencer, Hetherson, and the three guards — who will face separate disciplinary proceedings — Patrick approved a letter of reprimand to current Bridgewater Superintendent Robert F. Murphy....

Too little, too late for damage control public relations!

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Related:

Bridgewater Hospital death a disgrace
Death at Bridgewater requires further investigation, reforms

Also see: Shining a Light on Patrick's Legacy 

You may not want to take a look.