6 months ago
Sheriff Tim Howard tells 2 On Your Side, the 50 page letter sent to Erie County Executive Chris Collins last, alleging sexual misconduct and inadequate supervision, is largely based in heresay.
Howard says some incidents cited in the report did, in fact, happen but inmates interviewed by Department of Justice officials, were offering information based on what they heard. Howard says the inmates that were chosen for interviews, were not directly related to the incidents that Howard says, have already been handled.
In a letter sent to Erie County Executive Chris Collins, the U.S. Department of Justice claims that the county fails to protect the civil rights of inmates at the Erie County holding Center and the correctional facility in Alden.
Click here to read the letter sent on July 15th.
The Department of Justice began an investigation into the county jails back in 2007.
"Much of what they have is nothing short of hearsay," said Erie County Attorney Cheryl Green.
Green calls the report fiction. She says the feds were never in either jail.
"First of all, this isn't the Hilton hotel, let's be honest," said Green. "These are inmates the county takes its responsibility seriously to deliver proper care to the inmates in custody."
But among other things the justice department's report claims sexual misconduct. There are incidents "resulting from staff on inmate and inmate on inmate interaction."
The reports also states; "Erie County Sheriff's Office deputies not only fail to protect inmates from harm, but as our investigation revealed, they affirmatively place inmates in harm's way by pitting inmates against one another in combat."
But the county doesn't buy it.
"So why then is the federal government making these things up?" 2 On Your Side's Josh Boose asked Green.
"It's called job preservation," she replied.
"So just to be clear, they're claiming everything from sexual abuse to improper housing to inadequate supervision, they're doing this just to save their jobs?" Boose asked.
"Sweeping indictments of local jurisdictions are not uncommon by U.S. Department of Justice, Civil Rights Division," Green said.
But viewers have emailed 2 On Your Side over the last year claiming violence and other problems in the jails.
"There should be no concerns because the county quite frankly is meeting its constitutional standards," said Green.
Now, the Department of Justice says the county stopped communicating with them altogether and won't allow the feds inside either facility.
"If these problems aren't going on, if they don't exist, why not let the feds in to see to prove the point?" Boose asked.
"I don't need to let the feds in to prove to point," said Green. "That's not what's required. What's required is that we provide a constitutional level of care at the facility and the New York State Commission of Correction is saying we are following the requirement."
2 On Your Side spoke with the New York State Commission of Correction. The commissioner says the state has had many of the same problems with Erie County and hopes this report will motivate the county to bring the facilities into compliance.
Green says she'll respond to the Justice Department within the next few weeks.
To see the full interview with the Sheriff, click the video to the right.
