1 U.S. DEPARTMENT OF JUSTICE OFFICE OF JUSTICE PROGRAMS REVIEW PANEL ON PRISON RAPE HEARINGS ON RAPE AND STAFF SEXUAL MISCONDUCT IN U.S. JAILS Friday, November 14, 2008 11:00 - 5:00 County Administration Building 302 N. Main Street Culpeper, Virginia Diversified Reporting Services, Inc. (202) 467-9200 2 PARTICIPANTS: Review Panel Members: Steve McFarland, Director, Task Force for Faith- based and Community Initiatives, U.S. Department of Justice Carroll Ann Ellis, Director, Fairfax (Va.) County Police Department Victim Services Gwendolyn Chunn, Executive Director (Ret'd.), Juvenile Justice Institute, North Carolina Central University * * * * * WITNESSES: Jim Branch, Jr., Sheriff, Culpeper County Sheriff's Office, Culpeper, Virginia Donald Brooks, Lieutenant, Culpeper County Sheriff's Office, Culpeper, Virginia Joey Jenkins, First Sergeant, Culpeper County Sheriff's Office, Culpeper, Virginia Charles Russell Lane, Major, Culpeper County Sheriff's Office, Culpeper, Virginia Debbie Peters, Sergeant, Culpeper County Sheriff's Office, Culpeper, Virginia Brad Sullivan, Lieutenant, Criminal Investigative Division, Culpeper County Sheriff's Office, Culpeper, Virginia Victor Washington, Sergeant, Culpeper County Sheriff's Office, Culpeper, Virginia 3 C O N T E N T S PAGE Introductory Remarks 4 Remarks of Steve McFarland, Director Opening Statement 5 Jim Branch, Jr., Sheriff Panel 1 13 Debbie Peters, Sergeant Victor Washington, Sergeant Panel 2 126 Brad Sullivan, Lieutenant Panel 3 132 Joey Jenkins, First Sergeant Charles Russell Lane, Major Panel 4 156 Donald Brooks, Lieutenant Panel 5 191 Jim Branch, Jr., Sheriff 4 1 P R O C E E D I N G S 2 MR. MCFARLAND: Good morning. My name is Steve 3 McFarland, and I am one of the members of the Review 4 Panel on Prison Rape. 5 With me are the other two Panelists, Gwendolyn 6 Chunn, North Carolina, extensive experience in 7 corrections, career in corrections, and Ms. Carroll Ann 8 Ellis, from Fairfax, Virginia, who is the director of 9 the victim services division of the Fairfax Police 10 Department. 11 The purpose of this hearing is to -- pursuant 12 to the Prison Rape Elimination Act -- learn, public 13 hearing, what are the characteristics of sexual assault 14 victims and predators, as well as the characteristics of 15 the Culpeper County Jail, which was rated by inmates as 16 being -- as having no sexual assaults on the date of the 17 survey. No one there reported any kind of sexual 18 assault. So that's a good thing, and we want to learn 19 what's your secret. 20 And this morning -- are there any comments by 21 other Panelists? 22 MS. ELLIS: Just to say thank you, Sheriff, to 5 1 you and your staff, for the tour this morning. And we 2 are anxious to get started, and I look forward to our 3 discussions. 4 SHERIFF BRANCH: Thank you. 5 MS. CHUNN: Thank you again. It's a pleasure 6 to have been with you today, and see your operation. 7 I would like to also remind everybody involved 8 that the intent of this hearing is to make sure that we 9 provide as much information to the field, in general, as 10 to how to also be a facility with the kind of attention 11 to this issue of prison rape that it deserves. Thank 12 you. 13 MR. MCFARLAND: We are privileged this morning 14 to have, as our first witness, Sheriff Jim Branch, who 15 became the sheriff, I believe, January of this year? 16 SHERIFF BRANCH: That is correct. 17 MR. MCFARLAND: So, thank you, Sheriff, for 18 agreeing to testify and enlighten the Panel. 19 SHERIFF BRANCH: Thank you. To the members of 20 the Review Panel on Prison Rape, welcome. I am Jim 21 Branch, Jr., Sheriff of Culpeper County. And on behalf 22 of our citizens, the deputies of the sheriff's office, 6 1 and myself, welcome to Culpeper. It is our hope that 2 your day will be well spent in our community. And 3 certainly we hope you can return to enjoy its beauty and 4 people. 5 I must confess that before the interaction 6 involving interviewing of our inmates on the concerns of 7 sexual assaults or rape, and further contact to discuss 8 public hearings regarding this matter, I was not fully 9 aware of the Prison Rape Elimination Act. Obviously, we 10 are pleased that our efforts, combined with other 11 factors in the mix, resulted in our jail having no 12 reported incidents of sexual assault or rape for the 13 year 2007 -- your reason for being here today. 14 While I suspect our office cannot take full 15 credit for this, or the many factors entering into, I 16 would like to take the opportunity to recognize our 17 deputies in our jail facility whose hard work, 18 dedication, and willingness to reach for a bar set high 19 have helped to bring about this accomplishment. 20 The Culpeper County sheriff's office has been 21 serving the citizens of Culpeper County since 1751. I 22 would be remiss if I did not recognize the history of 7 1 and the people of the Culpeper County sheriff's office 2 whose past efforts, deputy and sheriff alike, have 3 helped shape us as we are today. 4 The office provides civil process service, 5 criminal process service, criminal investigations, court 6 security, prisoner transport, and of course, maintains a 7 county jail. Our office consists of about 114 persons, 8 about 87 sworn officers with 28 -- including 9 supervision -- responsible for the jail. 10 The Culpeper County jail was built, or should I 11 say expanded, about 22 years ago, and its rated capacity 12 is 37 inmates. Double-bunking in June of 2008 brought 13 bed space to 74. The average daily population in-house 14 is 87, inmates housed out about 35. We have contracted 15 bed space at the Middle River Regional Jail, and 16 typically house six to eight inmates with Rappahannock 17 County. 18 Presently, Culpeper County has responsibility 19 for, potentially, 122 inmates. The increase of inmates 20 seems to rise about 7 percent per year, giving a 5-year 21 potential increase of 35 percent inmate population. 22 Inmate committal and releases for 2007 were as follows: 8 1 committals, 2,766; releases, 2,771. 2 As expected, our deputies are quite busy with 3 much expected of them. Of course, we have been 4 grappling with the issue of the need for a new facility 5 to meet current and future needs for space and security. 6 With the current economic downturn, a new facility is 7 not expected any time soon. 8 I would also express to you that the current 9 structure of the sheriff's office has changed since 2007 10 for different reasons. And while I have been part of 11 the sheriff's office for some time, I did not take the 12 office of sheriff until January of 2008. 13 As I have become more familiar with the Prison 14 Rape Elimination Act, its work, goals, and vision, I 15 recognize it as a worthy endeavor. I believe I speak 16 not only for myself, but our community and deputies of 17 our office when I wish you every success in the work you 18 are engaged in. 19 Today's hearing is new territory for our office 20 and its officers, and I hope this is a positive learning 21 experience for all. It is our hope that our efforts 22 today will help further your work, as you go forward in 9 1 the mission you are engaged in. Thank you. 2 MR. MCFARLAND: Thank you, Sheriff. Sheriff 3 Branch, know that you will be able to testify at the end 4 of -- after all the staff have testified, but I just 5 want to ask at the outset, how many sexual assaults 6 would be tolerable in your institution? 7 SHERIFF BRANCH: None. 8 MR. MCFARLAND: Does your staff understand that 9 that is your position? 10 SHERIFF BRANCH: I believe that they do. 11 MR. MCFARLAND: How would they know that? 12 SHERIFF BRANCH: I think it would be a 13 combination of they know that that's not only what I 14 expect, but I believe that the men and women of the 15 Culpeper County Sheriff's office expect that, as well. 16 I have seen it in other areas, in criminal 17 matters, and in just a sense of fairness to working with 18 the people that we do. 19 So, I can't take credit for that, 100 percent. 20 I believe they know that that's what my expectation is. 21 But I believe their expectation is the same thing. I 22 think that's why it works so well. 10 1 MR. MCFARLAND: Are you -- does Culpeper County 2 Jail have a PREA policy in writing? 3 SHERIFF BRANCH: I do not believe that we do. 4 MR. MCFARLAND: Okay. 5 SHERIFF BRANCH: I made notice of some of the 6 information that mentions a PREA coordinator, I believe. 7 We do not have such a thing. So, this is -- as I said 8 earlier, this is new territory for us. 9 MR. MCFARLAND: Yes, yes. So the existence of 10 a policy, a zero tolerance policy, is something that you 11 are interested in. Is that right? 12 SHERIFF BRANCH: Absolutely. 13 MR. MCFARLAND: Okay. And that would be a way 14 of demonstrating it and sending a clear message to all 15 present and future staff that, from the top down, zero 16 tolerance means zero tolerance of sexual assault? 17 SHERIFF BRANCH: Yes. 18 MR. MCFARLAND: Okay. 19 MS. ELLIS: Sheriff, now that you know about 20 PREA, and you have done some reading, and you see what 21 the intent and purpose is, what are your plans, in terms 22 of your facility and PREA? 11 1 SHERIFF BRANCH: We need to take a look at what 2 we have done. And the reason we are here today before 3 you -- I don't know that we have actually looked at 4 ourselves and said, "Why has this happened?" I think 5 some of us can make some decisions in our mind early on 6 that this is what has happened, that we are before you 7 today with no reports of sexual assault or rape. 8 I think we need to continue what we have been 9 doing, but I think we need to bring it into focus, to 10 look at it as a definable goal, and not just something 11 that has happened, because of the work that we are 12 doing. 13 MS. ELLIS: I see. 14 SHERIFF BRANCH: I certainly think that we 15 treat it as -- I think that myself and our office feels 16 that no inmate should be subject to criminal activity. 17 And certainly that would include sexual assault or rape. 18 MS. ELLIS: Well, there will be lots of 19 opportunities for you to initiate some of the dictates 20 in PREA: posters and brochures, information for 21 inmates, training for staff, these kinds of issues. Are 22 you thinking, then, about initiating, from that 12 1 standpoint? 2 SHERIFF BRANCH: I am very open to that. I 3 believe that we need to build upon the success that we 4 are -- the reason that we're here today. But we can't 5 take it for granted. So, anything that we can do to 6 make ourselves more aware, and to improve, absolutely. 7 We come before you today with these statistics, 8 and it is certainly my hope -- I don't have a crystal 9 ball, so certainly the future -- we can't rest on what 10 we have done. We have to build upon what we have done. 11 So I am very much in favor of that, yes. 12 MS. ELLIS: Thank you. 13 SHERIFF BRANCH: Thank you. 14 MS. CHUNN: No questions. 15 MR. MCFARLAND: Thank you, Sheriff. We look 16 forward to maybe having a few more questions for you at 17 the end. But if it's all right, we would like to call 18 the next panel of the two shift supervisors. 19 SHERIFF BRANCH: Thank you. 20 MR. MCFARLAND: Thank you very much. I believe 21 we have Sergeant Debbie Peters and Sergeant Washington. 22 Is that correct? 13 1 If you could, just -- while you're remaining 2 standing -- raise your right hand. 3 Whereupon, 4 DEBBIE PETERS 5 VICTOR WASHINGTON 6 were called as witnesses and, having been first 7 duly sworn, were examined and testified as follows: 8 EXAMINATION 9 MR. MCFARLAND: All right. Have a seat. 10 Sergeant Peters, do you have your full name and rank, 11 for the record, please? 12 MS. PETERS: Sergeant Deborah C. Peters. 13 MR. MCFARLAND: And how long, Sergeant Peters, 14 have you worked at the Culpeper County Jail? 15 MS. PETERS: I have worked back in the jail for 16 probably about eight years. I have been with the 17 department a total of 24-1/2 years. 18 MR. MCFARLAND: Great. And Sergeant 19 Washington, your name and rank and how long you have 20 been there? 21 MR. WASHINGTON: Sergeant Victor E. Washington, 22 been with the Culpeper County Sheriff's office since 14 1 April 1, 2004. 2 MR. MCFARLAND: And what -- when you came to 3 the jail, Sergeant Washington, what was your rank? 4 MR. WASHINGTON: Deputy. 5 MR. MCFARLAND: Okay. So you worked your way 6 up, and you're familiar with the daily operation? 7 MR. WASHINGTON: Yes, Sir. 8 MR. MCFARLAND: Okay, and same with you, 9 Sergeant Peters? 10 MS. PETERS: Yes, Sir. 11 MR. MCFARLAND: Okay. Let me just -- a couple 12 of documents I just want to make sure we have 13 identified. One is a form that is entitled, "Inmate 14 Complaint/Request." Is this the form that an inmate 15 would use at the jail to -- you know, to request some 16 medical assistance, or otherwise communicate a request 17 with management? 18 MS. PETERS: Yes. 19 MR. WASHINGTON: That's correct. 20 MR. MCFARLAND: Okay. What is the 21 process -- how does an inmate get one of these? 22 MR. WASHINGTON: Those forms are either given 15 1 out per request from the inmate -- 2 MR. MCFARLAND: Okay. 3 MR. WASHINGTON: -- or either -- sometimes we 4 just have them available in the population. 5 MR. MCFARLAND: Okay. 6 MS. PETERS: We try to keep them -- 7 MR. WASHINGTON: We try to -- 8 MS. PETERS: -- in the blocks. 9 MR. WASHINGTON: -- keep them in the blocks. 10 MS. PETERS: And if they run out, of course, 11 they're going to ask. 12 MR. WASHINGTON: Yes. 13 MS. PETERS: And we see that they're 14 re-supplied with them. 15 MR. MCFARLAND: Okay. Now, so there is a stack 16 of them, typically, in the day rooms or something? 17 MS. PETERS: Yes, Sir. 18 MR. MCFARLAND: Okay. Now, when they fill it 19 out, they hand it to a deputy, I take it? 20 MS. PETERS: Yes. 21 MR. WASHINGTON: That's correct. 22 MR. MCFARLAND: Okay. Does the deputy do 16 1 anything, other than pass it on? Do anything with it? 2 In other words, initial it or date it or put a time 3 stamp on it, or anything like that? 4 MS. PETERS: If the deputy receiving the 5 request can take care of it, they do. If not, then it's 6 passed on to the proper person that needs to take care 7 of it. 8 MR. MCFARLAND: Okay. So if they're asking for 9 an extra blanket, rather than cumbering up a bunch of 10 paperwork, just get them a blanket. 11 MS. PETERS: Yes, Sir. 12 MR. MCFARLAND: It's taken care of. 13 MS. PETERS: And it's documented on the 14 request, that the item they requested was given. 15 MR. MCFARLAND: Okay. 16 MS. PETERS: And the date, and the officer 17 giving it. 18 MR. MCFARLAND: Okay. Now, what if the request 19 was of a confidential or embarrassing nature? You know, 20 the person needs to see -- get medical attention because 21 the person alleges that they have been sexually 22 assaulted. Is that -- is there any other way that they 17 1 would communicate, other than, you know, grabbing one of 2 these request forms and handing it to a deputy? 3 MS. PETERS: Yes, Sir. They may ask a deputy 4 to speak to them, or the shift supervisor if there is no 5 one in medical, or whatever, available. And the officer 6 would take the person out of the block and talk to them 7 confidentially. 8 MR. MCFARLAND: Okay. 9 MS. PETERS: And, if need be, then the 10 supervisor would be notified of such an occurrence, and 11 address it from there. 12 MR. MCFARLAND: Okay. Now, how would you prove 13 whether an inmate request had actually been turned in 14 and responded to? 15 In other words, if one of your inmates said, 16 you know, "I have turned in one of these forms three 17 times, saying that I was molested, you know, by 18 my -- one of my cellmates, and nothing ever happened," 19 how would you prove that that wasn't the case? 20 MS. PETERS: I would first look in their file, 21 because the original copy would be placed in their file, 22 and a copy is also given back to them. 18 1 MR. MCFARLAND: Yes. 2 MS. PETERS: Should we not be able to locate 3 it, we would also ask them, you know, "Do you have a 4 copy of a response back, or" -- we would look in their 5 file to see. 6 MR. MCFARLAND: Okay. So the procedure for 7 handling these is to hand it to a deputy, the deputy 8 either takes care of the problem and writes that down, 9 or passes it up to the sergeant. Is that correct? 10 MS. PETERS: Yes, correct. 11 MR. MCFARLAND: And then, once there is some 12 kind of a staff response, that is either filled out by 13 the deputy or by the shift supervisor, and a copy given 14 back to the inmate? 15 MS. PETERS: Yes, Sir. 16 MR. WASHINGTON: That's correct. 17 MS. PETERS: And placed in their file. 18 MR. WASHINGTON: And placed in the file. 19 MR. MCFARLAND: Okay. All right. Now, 20 understand that this Panel, unfortunately, has to have a 21 jaded view of -- you know, we're thinking about the 22 worst case scenario. So I'm not insinuating that any of 19 1 this stuff is going on here. And, indeed, evidently 2 your inmates don't think it's happening, either, so 3 that's a good thing. 4 But we have to use our imaginations here. And 5 so, if, for example, a deputy was committing sexual 6 misconduct with an inmate, needless to say that deputy 7 is not going to pass up the inmate request, or any kind 8 of inmate request, from his victim or her victim, right? 9 MR. WASHINGTON: Correct. 10 MR. MCFARLAND: So, what are the other ways 11 that a potential inmate victim could communicate, other 12 than having to go through the perpetrator? 13 MS. PETERS: I could see them maybe waiting 14 until another shift comes on, and directing it to 15 another deputy or shift supervisor. 16 MR. MCFARLAND: What else? Are there other 17 ways you could communicate? 18 MS. PETERS: A request, maybe to another shift? 19 MR. MCFARLAND: So fill out the request form, 20 but just don't give it to the predator -- 21 MS. PETERS: Right. 22 MR. MCFARLAND: -- just wait until the next 20 1 shift? 2 MS. PETERS: Right. 3 MR. MCFARLAND: Okay. 4 MR. WASHINGTON: Or -- 5 MR. MCFARLAND: Any other ways that they could 6 communicate? 7 MR. WASHINGTON: They could ask directly to 8 speak to a supervisor. And being that we have a 9 sergeant and a corporal, it would be either/or. They 10 could go that channel also, instead of wanting to give 11 it to a deputy, which, a lot of times, they do request. 12 And it might not be of any nature, but you know, they 13 could request to speak directly to a supervisor when 14 available. 15 MR. MCFARLAND: And you're saying that's not 16 infrequent? That happens? 17 MR. WASHINGTON: That happens. 18 MR. MCFARLAND: They've got an attitude about 19 their deputy, and so they want to go over his head? 20 MR. WASHINGTON: Exactly. 21 MR. MCFARLAND: Okay. And they can do that? 22 MS. PETERS: Or -- 21 1 MR. WASHINGTON: Yes. 2 MS. PETERS: Or they may just state that -- or 3 put in writing -- that they request to speak to the 4 first sergeant or lieutenant, and no one else can help 5 them. 6 MR. MCFARLAND: Yes. 7 MS. PETERS: You know, they've done that 8 before, too. 9 MR. MCFARLAND: Of course, that's going to tip 10 off the predator -- 11 MS. PETERS: Yes. 12 MR. MCFARLAND: -- that -- 13 MR. WASHINGTON: Right, yes. 14 MR. MCFARLAND: Yes. 15 MS. PETERS: It could, yes. 16 MR. MCFARLAND: I imagine they could also 17 communicate with their family or friends -- 18 MS. PETERS: Right. 19 MR. WASHINGTON: Right. 20 MR. MCFARLAND: -- by telephone, is that right? 21 MR. WASHINGTON: Yes. 22 MR. MCFARLAND: Are the phones tapped or, you 22 1 know, listened in on, surveyed? 2 MS. PETERS: We have that capability. We can 3 listen. But it's not real often that -- 4 MR. MCFARLAND: Okay. You probably don't want 5 to advertise how often you do it. 6 MS. PETERS: Right. 7 MR. MCFARLAND: But in the intimacy of this 8 public hearing, you're saying it's not always done. Is 9 that right? 10 MR. WASHINGTON: Right. 11 MS. PETERS: Right. Yes, Sir. 12 MR. MCFARLAND: All right. And they could ask 13 for their lawyer. 14 MS. PETERS: Yes, Sir. 15 MR. WASHINGTON: Correct. 16 MR. MCFARLAND: And those communications are 17 not tapped, I assume. 18 MS. PETERS: No. 19 MR. WASHINGTON: No, they're not. 20 MR. MCFARLAND: Any other way that somebody 21 could complain of sexual assault without going through a 22 particular deputy? Write a letter? 23 1 MS. PETERS: Yes, that's -- 2 MR. MCFARLAND: Do you read outgoing letters? 3 MR. WASHINGTON: No, not outgoing. 4 MS. PETERS: No, we don't read their mail, 5 outgoing. 6 MR. MCFARLAND: Okay. Now, in your -- Sergeant 7 Washington, in your four-and-a-half years at the jail, 8 how many times have you received any information, be it 9 on a request form or word of mouth or snitch, or 10 whatever, about some kind of sexual misconduct happening 11 between inmates? 12 MR. WASHINGTON: One. 13 MR. MCFARLAND: One? 14 MR. WASHINGTON: Yes. 15 MR. MCFARLAND: Approximately when did that 16 happen? Or when did you hear of it? 17 MR. WASHINGTON: A week-and-a-half, two weeks 18 ago. 19 MR. MCFARLAND: Oh, is that right? 20 MR. WASHINGTON: Yes. 21 MS. PETERS: Recently. 22 MR. MCFARLAND: Okay. And without naming 24 1 names, can you just describe what the facts were? 2 MR. WASHINGTON: What had happened was we had 3 picked up several request forms in our B population, 4 B-block population, that had said that one of the 5 inmates had been sexually assaulted. 6 So, I brought the inmate out of population, 7 took him downstairs, just for some chit-chat, nothing 8 even indicating, you know, that that's what I had 9 received. Talked personally with him, then talked 10 openly and freely, and asked him if he had had any 11 problems with anyone in the population, and he had 12 stated no. 13 And then I started leading into why I brought 14 him downstairs, and that if he didn't want to talk to me 15 about it, that I could -- you know, that -- first off, 16 he was talking to me in confidentiality, but if he 17 didn't want to talk to me, I could, you know, get a 18 counselor there, get the lieutenant, the first sergeant, 19 whomever he wanted to speak to, his lawyer, whomever. 20 And once I started leading into it, he got 21 fearful why I brought him down there, and he pretty much 22 stated that the request forms that I had received were 25 1 all frivolous, that it was like a practical joke, 2 basically. 3 But I just, you know, reiterated to him as far 4 as if anything of that nature ever happened, or if he 5 ever heard of anything, you know, as far as not taking 6 matters into his own hands after the fact, you know, 7 that we would take care of everything, but that my 8 responsibility was his safety, as well as everyone 9 else's, and that's why I brought him out to talk to him 10 about it. 11 MR. MCFARLAND: Sergeant Peters, in your tenure 12 there at the jail, how many times have you ever had such 13 a report, verbal or written, of a sexual -- 14 MS. PETERS: I have had none, Sir. 15 MR. MCFARLAND: Okay. How many times have you 16 heard of a staff-on-inmate sexual thing going on? 17 MS. PETERS: Not that I recall. 18 MR. MCFARLAND: Well, it's not -- is that a 19 very frequent occurrence? 20 MS. PETERS: No, Sir. 21 MR. MCFARLAND: So, suffice it to say you would 22 remember, if it had happened, right? 26 1 MS. PETERS: Yes, Sir. 2 MR. MCFARLAND: You've got to answer a little 3 more audibly, so she could hear your answer. 4 MS. PETERS: None, Sir. 5 MR. MCFARLAND: Okay. And, Sergeant 6 Washington, how many times have you heard of anything, 7 any kind of romantic relationship or any kind of sexual 8 misconduct happening between a staff and inmate at the 9 jail? 10 MR. WASHINGTON: One also, but not in the 11 facility, as far as phone calls, and things of that 12 nature. 13 MR. MCFARLAND: Okay, and when did this happen? 14 MR. WASHINGTON: Well over a year ago. 15 MR. MCFARLAND: Okay. 16 MR. WASHINGTON: I'd say maybe two years ago, 17 between one to two years ago. 18 MR. MCFARLAND: okay. And what were the facts? 19 MR. WASHINGTON: Female medic, along with an 20 inmate that was a trustee at one time. And then I 21 believe he was put back in population. But there was 22 rumor that they were talking to each other through the 27 1 phone, basically, when she wasn't at work. 2 MR. MCFARLAND: I see. 3 MR. WASHINGTON: Things of that nature. I don't 4 know if anything was ever proven from it, but I think it 5 was pretty close to coming to that point. 6 MR. MCFARLAND: Okay. And what was done, if 7 anything, to investigate that? 8 MR. WASHINGTON: I'm not exactly sure, as far 9 as the investigation goes. 10 MR. MCFARLAND: Who would know about that? Did 11 you -- Mr. Canosa, or -- 12 MR. WASHINGTON: Yes, actually, he was the 13 investigator at that time. 14 MR. MCFARLAND: Okay. Is Mr. Canosa still 15 employed by the sheriff's office? 16 MR. WASHINGTON: No, Sir. 17 MR. MCFARLAND: Okay. Does he still live in 18 Culpeper? 19 MR. WASHINGTON: I believe he lives in Madison 20 County. 21 MR. MCFARLAND: Do you have -- is there anybody 22 that still works for the office who would know more than 28 1 you about that allegation? 2 MR. WASHINGTON: No. If anybody, it would be 3 Mr. Canosa, because he would have been the investigator 4 on that. 5 MR. MCFARLAND: And did the report come down 6 during your shift? Is that how you learned about it? 7 MR. WASHINGTON: No, it did not come down 8 during my shift, because this employee worked during the 9 day. 10 MR. MCFARLAND: Yes. 11 MR. WASHINGTON: So -- 12 MR. MCFARLAND: So this was kind of a rumor, a 13 scuttlebutt. 14 MR. WASHINGTON: It was basically from the 15 inmate himself, pretty much boasting about it, bragging 16 about it -- 17 MR. MCFARLAND: Okay. 18 MR. WASHINGTON: -- whatever. 19 MR. MCFARLAND: So the trustee, now back in GP, 20 is bragging to some other inmates that he's got the 21 attention of that -- 22 MR. WASHINGTON: Right. 29 1 MR. MCFARLAND: -- the nurse. 2 MR. WASHINGTON: That's correct. 3 MR. MCFARLAND: Okay. And what happened to the 4 nurse? 5 MR. WASHINGTON: I believe they were -- I don't 6 know if they quit or was terminated. I'm not sure. 7 MR. MCFARLAND: Okay. And -- 8 MR. WASHINGTON: They're no longer with the 9 sheriff's office. 10 MR. MCFARLAND: Who would typically know the 11 most about personnel matters like that, disciplinary 12 matters? Who would -- who could I ask about that, what 13 happened to her? 14 MR. WASHINGTON: It's a different 15 administration now, so I'm not sure -- 16 MR. MCFARLAND: Yes. 17 MR. WASHINGTON: -- who you could ask. 18 MR. MCFARLAND: Okay. If it happened today, 19 who is your HR person who would know the most about -- 20 MR. WASHINGTON: Drawing a blank. 21 MR. MCFARLAND: Okay. Sergeant Peters, do you 22 know who your HR person is, your human resources person? 30 1 MS. PETERS: I would say First Sergeant Jenkins 2 or Lieutenant Donald Brooks. 3 MR. MCFARLAND: Okay, okay. All right. Well, 4 maybe we will ask that -- 5 MS. CHUNN: Sergeant Washington, am I correct 6 in understanding that you heard about this first 7 incident through an inmate -- the inmate complaint 8 grievance form? 9 MR. WASHINGTON: Yes, Ma'am. 10 MS. CHUNN: Is that how it -- 11 MR. WASHINGTON: Yes, Ma'am. 12 MS. CHUNN: Okay. What led you to believe that 13 you needed to further investigate the facts of this 14 particular written complaint? 15 MR. WASHINGTON: Just receiving that 16 information, I took it very seriously. Whether it was a 17 prank or not, I didn't know. I had a feeling it might 18 be, because I received more than one form, a total of 19 four forms. 20 MS. CHUNN: Four forms saying the same thing? 21 MR. WASHINGTON: In a different context, yes. 22 All of them said the same thing in a different manner. 31 1 But -- and none of them had anyone's name on them. 2 So, I felt that maybe it was a prank, but it 3 wasn't my -- it wasn't for me to, you know, decide if it 4 was or not. I just needed to get him out of population 5 and downstairs so I could talk to him. 6 MS. CHUNN: Okay. Frankly, just having made a 7 tour of the jail, I am wondering how do you extract 8 somebody from population and take them to another place 9 to talk to them about something this sensitive without 10 everybody else in that pod knowing what's going on? 11 MR. WASHINGTON: Well, we extract for different 12 reasons at different times. And this happened to be 13 after lock-down at night. We received the forms at 14 lock-down time. So after lock-down we could pull him 15 down. It could be someone being bonded out or anything, 16 so no one knew, really, why I was, you know, bringing 17 this person out of population. It could have been for a 18 medical reason, take him down, check his blood pressure. 19 It could be for a numerous amount of things. 20 So, I don't think it really looked obvious, 21 because it happens all the time. 22 MS. CHUNN: Okay. And so, after the 32 1 conversation, you determined that it was a prank, 2 indeed? 3 MR. WASHINGTON: Yes, Ma'am. 4 MS. CHUNN: Okay. When you returned the person 5 to population, was there any follow-up in the days that 6 followed, as to whether or not, in fact, your assessment 7 of the situation had been a correct one, or whether or 8 not there was room for further investigation? 9 MR. WASHINGTON: After I conducted my 10 investigation and did my report and everything on it, 11 then I turned it over to the first sergeant and the 12 lieutenant so when they came in the next morning, they 13 could look into it also, follow up if there needed to be 14 any more follow-up. 15 MS. ELLIS: Sergeant Peters, I am thinking of 16 the fact that you have been here for 24 years. 17 MS. PETERS: Yes, Ma'am. 18 MS. ELLIS: That's a very long time. And you 19 indicated that you have not had any experience or any 20 instances in that long amount of time regarding sexual 21 improprieties. 22 MS. PETERS: Not in the jail, Ma'am. I have 33 1 only been back in the jail for probably about 10 years. 2 MS. ELLIS: I see. 3 MS. PETERS: I worked in patrol and in 4 investigations. 5 MS. ELLIS: I see, I see. So you were seeing a 6 different aspect. 7 MS. PETERS: Yes, Ma'am. 8 MS. ELLIS: Okay, thank you. 9 MR. MCFARLAND: Does the jail have a written 10 policy on sexual assault? 11 MS. PETERS: No, Sir. 12 MR. MCFARLAND: Okay. Have you ever been told 13 that there is an unwritten policy against sexual 14 assault, either inmate-on-inmate or staff-on-inmate? 15 MS. PETERS: (No response.) 16 MR. MCFARLAND: Have you ever received some 17 training or received a memorandum that says, you know, 18 "We may not have a policy, but this is the way we're 19 operating at our jail?" 20 MR. WASHINGTON: Our procedure is to turn it 21 over to investigations -- 22 MR. MCFARLAND: Yes. 34 1 MR. WASHINGTON: -- is what our procedure is. 2 And that's what everybody knows. 3 MR. MCFARLAND: What training have either of 4 you received about what to do in the event of a sexual 5 assault allegation? 6 MS. PETERS: Well, mine, from the investigative 7 standpoint, I know -- and as a supervisor I know -- the 8 proper procedure, just from my training in schools that 9 I have attended. 10 MR. MCFARLAND: Okay, so you -- 11 MS. PETERS: I know, within the department, as 12 the sheriff said, you know, we have the same standards 13 as him there. We don't tolerate that. 14 MR. MCFARLAND: So you -- the training you got 15 was by virtue of being in the sheriff's office, when you 16 were doing investigations? 17 MS. PETERS: Yes, Sir. 18 MR. MCFARLAND: Okay. My question would be 19 have either of you -- or, to your knowledge, any of your 20 staff -- received any kind of formal training on, "All 21 right, this is what you do in the event you hear about 22 sexual assault?" 35 1 MR. WASHINGTON: No, I don't believe so. 2 MR. MCFARLAND: Could you -- 3 MS. PETERS: No. 4 MR. MCFARLAND: No. Is that something that you 5 think would be helpful? 6 MS. PETERS: Absolutely. 7 MR. WASHINGTON: Of course, yes. 8 MR. MCFARLAND: Okay. 9 MR. WASHINGTON: Very much so. 10 MR. MCFARLAND: Is there anyone on staff who is 11 designated as the PREA coordinator, the Prison Rape 12 Elimination Act coordinator? 13 MS. PETERS: No. 14 MR. WASHINGTON: No, Sir. 15 MR. MCFARLAND: Okay. 16 MS. CHUNN: I would like to go back to the 17 question about whether or not the training would be 18 helpful. 19 You have not had any reported incidents, and it 20 appears that you have made a conscientious effort, at 21 least one of you, whenever there has been any notion 22 that there might be something afoot. 36 1 I have also noted that your mission is 2 prominently posted all over the facility -- 3 MR. WASHINGTON: Correct. 4 MS. CHUNN: -- along with your values, of which 5 fairness is one, and all that contributes to your notion 6 that, in this particular area where you work, that the 7 notion of sexual improprieties in a setting like the 8 jail would be extremely -- it would be extremely 9 inappropriate. 10 MR. WASHINGTON: Correct. 11 MS. CHUNN: Here is the question. Did you 12 follow me? Everybody follow me now? 13 Okay, here is the question. Why would you 14 think that the training would be important, since you 15 don't have presenting issues that would suggest that you 16 are trying to rectify a situation? Why is it important? 17 MR. WASHINGTON: Preventative maintenance. 18 MS. CHUNN: Preventative maintenance? 19 MR. WASHINGTON: It's just like having your car 20 serviced before something happens, whether it's the oil 21 changed or what have you. Preventative maintenance is 22 always a plus, it's always going to benefit you. 37 1 MS. CHUNN: Do you see any changes in your 2 client population, in your detainees, as you continue to 3 have large numbers? Do you see the potential for 4 anything? 5 MS. PETERS: Yes, because we see a lot more 6 sexual predators coming in. 7 MS. CHUNN: How do you know them? 8 MS. PETERS: How do we know them? 9 MS. CHUNN: Mm-hmm. 10 MS. PETERS: Well, we have their charges right 11 on the commitment paperwork as they're brought in to the 12 jail, so -- 13 MS. CHUNN: Okay. So you can see that there is 14 much more of that than -- 15 MS. PETERS: Correct. 16 MS. CHUNN: -- you have been seeing? 17 MR. WASHINGTON: Right. 18 MS. PETERS: Just in the last couple of years. 19 MS. CHUNN: Okay. 20 MS. PETERS: It's increased tremendously. 21 MS. CHUNN: All right. 22 MS. ELLIS: I am curious to know, as well, that 38 1 as you became aware of the report, and how you stand in 2 the ratings, and the difficulties in the charges made in 3 relationship to all of the other facilities throughout 4 the country that were part of the study, how have you 5 been affected, impacted, by that knowledge, that there 6 are a great many reports in other facilities specific to 7 inmate-on-inmate sexual assault and staff-on-inmate 8 sexual assault? 9 It seems to be too, to a great extent, a 10 general concern. What has been your reaction as a staff 11 to your rating? 12 MS. PETERS: Are you speaking for, like, a 13 preventative or -- 14 MS. ELLIS: Just in general. Once the report 15 was issued and you became aware of where you rated on 16 the report, what the findings indicated, I am wanting to 17 know were you appalled by those numbers? Were you 18 surprised by your placement? And what has been that 19 impact, the impact of those numbers and that report on 20 you and your facility? 21 MR. WASHINGTON: As far as myself, it makes me 22 proud to be at a facility to where we have zero 39 1 incidents. It makes me proud to know that it's taken in 2 high regard not by just the supervisor, but also the 3 staff that is -- you know, that you supervise. 4 And also, as far as our first sergeant, 5 lieutenant, and our sheriff and our major, we know that, 6 you know, it's high up on their chart, as far as being 7 proud of that zero being there. It makes you want to 8 make sure that that zero stays there. 9 MS. PETERS: Absolutely, continue and maintain 10 that. 11 MR. WASHINGTON: You know, that we keep doing 12 what we're doing on a conscious level, as far as our 13 routine walk-throughs, two to three times an hour in the 14 population, being deputies that an inmate can come to, 15 as far as having the demeanor that someone -- as far as 16 being approachable. 17 I think, you know, that those type of things 18 have gotten us far, very far. 19 MS. PETERS: Because we are compassionate 20 people, and we do truly care. And it's our job to 21 protect them and keep them safe. 22 And I think, like Sergeant Washington said, our 40 1 mere presence in the block with them, talking to them, 2 being in there a lot -- and this may sound strange, but 3 I think too, us being overpopulated has prevented that, 4 as well as us being in the pods with them, because the 5 privacy thing with the jail you don't have, so there are 6 a lot of people over-crowded in their cells, you know, 7 too. 8 MR. MCFARLAND: What's the rated capacity of 9 the facility? 10 MS. PETERS: Thirty-seven, and then we 11 double-bunked, I believe -- was it June? 12 MR. WASHINGTON: Yes, mm-hmm. 13 MS. PETERS: Of this year. And it made it 74, 14 so -- 15 MR. MCFARLAND: Okay. Now, while there are now 16 two bunks, at least, in each cell, there are also one or 17 two inmates sleeping on the floor in each cell, is that 18 right? 19 MS. PETERS: Right. 20 MR. WASHINGTON: Correct. 21 MS. PETERS: Mm-hmm, correct. 22 MR. MCFARLAND: So, is that why the sheriff 41 1 said that potential capacity in a pinch would be 122? 2 MS. PETERS: Right. 3 MR. WASHINGTON: Correct. 4 MR. MCFARLAND: Okay. We saw, in the women's 5 facility, there was a cell block of three cells, each 6 with one bunk, and then three women sleeping in the -- I 7 guess it was described as the day room. 8 MS. PETERS: Right. 9 MR. MCFARLAND: But it's really kind of a 10 porch. 11 MS. PETERS: Right. 12 MR. MCFARLAND: Maybe five feet deep, and -- 13 MS. PETERS: Right. 14 MR. MCFARLAND: Which -- and you just alluded 15 to it being overpopulated. Is it fair to say that the 16 jail is significantly overpopulated? 17 MS. PETERS: Yes. 18 MR. MCFARLAND: In your opinion? Okay. So you 19 would love to either farm out more folks -- or, you 20 know, to other facilities, or enlarge the facility. Is 21 that right? 22 MS. PETERS: Absolutely. 42 1 MR. MCFARLAND: Okay. I just want to get on 2 the record what -- some of the things that we saw on the 3 tour. So if you would just tell me if I am describing 4 things correctly. 5 I didn't see any reference to PREA or sexual 6 assault or rape or sexual misconduct anywhere on any 7 poster or any reference anywhere in the facility. Is 8 that -- did I miss something, or -- 9 MR. WASHINGTON: No, you did not miss anything. 10 MS. PETERS: No, Sir. 11 MR. MCFARLAND: Okay. It's an indirect 12 supervision facility, is that correct? In other words, 13 you don't have -- you have roaming officers, but you 14 don't have officers -- 15 MR. WASHINGTON: Stationed, correct. 16 MR. MCFARLAND: -- in every room, stationed. 17 Is that correct? 18 MS. PETERS: That's correct. 19 MR. MCFARLAND: Okay. By the way, Sergeant 20 Washington, you're the night shift? 21 MR. WASHINGTON: Yes, Sir. 22 MR. MCFARLAND: And that's from when to when? 43 1 MR. WASHINGTON: From -- basically, I'm there 2 from 6:15 to -- 6:15 p.m. to 6:45 a.m. 3 MR. MCFARLAND: Okay. And I am going to take a 4 wild guess. Sergeant Peters, you are the day shift? 5 MS. PETERS: Yes, Sir. 6 MR. MCFARLAND: Okay. And you work four days a 7 week, right? 8 MS. PETERS: No more than three at a time. 9 MR. WASHINGTON: Yes. 10 MS. PETERS: We do 12-hour shifts. 11 MR. WASHINGTON: Yes. 12 MR. MCFARLAND: Okay. Is there a lot of 13 overtime? 14 MS. PETERS: It just depends on what's going 15 on. 16 MR. WASHINGTON: Yes. 17 MS. PETERS: If we have an inmate that is 18 hospitalized, yes, Sir. It is overtime for them. 19 MR. MCFARLAND: Because you're going to need to 20 send one or two -- 21 MS. PETERS: Yes, Sir. 22 MR. WASHINGTON: Right. 44 1 MR. MCFARLAND: Do you send two or one? 2 MS. PETERS: It depends on what facility 3 they're at. Some hospitals do require we send two. 4 MR. MCFARLAND: I see. 5 MS. PETERS: Yes, Sir. 6 MR. MCFARLAND: Okay. How often do your 7 deputies work overtime? 8 MR. WASHINGTON: About -- 9 MR. MCFARLAND: Say in a month. How many times 10 is somebody going to work an extra shift, or -- 11 MR. WASHINGTON: It's -- 12 MS. PETERS: A couple of times, at least. 13 MR. WASHINGTON: Yes, one to two times, maybe. 14 It depends on what is needed. I mean, if another shift 15 is short, Sergeant Peters said if there is, you know, 16 extenuating circumstances, as far as the hospital, or 17 something of that nature -- 18 MR. MCFARLAND: Can you scoot your microphone a 19 little bit closer? 20 (Pause.) 21 MR. MCFARLAND: We also saw an intercom system. 22 Sometimes it works, sometimes it doesn't. Is that 45 1 correct? 2 MS. PETERS: Yes, Sir. 3 MR. WASHINGTON: Correct. 4 MR. MCFARLAND: And it's a two-way, so you can 5 use it to eavesdrop on conversations in a cell, is that 6 correct? 7 MR. WASHINGTON: Not in the cell, but in the 8 day room area. 9 MR. MCFARLAND: In the day room. 10 MR. WASHINGTON: Correct. 11 MR. MCFARLAND: There are no intercoms in the 12 cells? 13 MR. WASHINGTON: No, Sir. 14 MS. PETERS: No, Sir. 15 MR. MCFARLAND: Okay, but there are phones. 16 MR. WASHINGTON: Not in their cells. Only in 17 the holding cells, in the medical cell. 18 MR. MCFARLAND: And isolation? 19 MR. WASHINGTON: No, not in isolation cells. 20 MR. MCFARLAND: Except the one off of medical. 21 Somebody -- 22 MR. WASHINGTON: Well, there is one in the 46 1 medical cell. 2 MS. PETERS: Yes. 3 MR. MCFARLAND: Yes. 4 MR. WASHINGTON: Right. That's -- yes, that's 5 in isolation, medical cell, correct. 6 MR. MCFARLAND: That's something they pulled 7 out of the wall there, so -- 8 MR. WASHINGTON: Yes. But as far as -- 9 MR. MCFARLAND: Used to be one -- 10 MR. WASHINGTON: Right. But they had two 11 phones on the lower tier and the upper tier. So there 12 is a total of four phones in each cell block. 13 MR. MCFARLAND: Is -- how many deputies? How 14 many correctional officers are on the night shift? 15 MR. WASHINGTON: Currently it's five, including 16 myself, right, and the sixth position, which is 17 for -- the corporal for my shift is being -- has been 18 posted. 19 MR. MCFARLAND: Okay, and in -- 20 MR. WASHINGTON: So I am -- technically, it 21 would be six people. 22 MR. MCFARLAND: Okay. In 2007, when the survey 47 1 was taken, how many in the night shift? 2 MR. WASHINGTON: I would say we were probably 3 averaging four. 4 MR. MCFARLAND: So you have staffed up since 5 then? 6 MR. WASHINGTON: Yes. 7 MR. MCFARLAND: And where would they be 8 stationed during the night shift? 9 MR. WASHINGTON: The booking desk and the 10 control room, and then in the population. 11 MR. MCFARLAND: And with -- so one is in 12 control, one is at booking. 13 MR. WASHINGTON: Correct. 14 MR. MCFARLAND: So the one at booking can see 15 the four holding cells. 16 MR. WASHINGTON: Correct. 17 MR. MCFARLAND: That leaves two other officers. 18 Do they rove? 19 MR. WASHINGTON: Yes, they do. 20 MR. MCFARLAND: Do they rove together or 21 separately? 22 MR. WASHINGTON: Sometimes together, sometimes 48 1 separate. In the blocks, normally we send two at a 2 time. 3 MR. MCFARLAND: During the night shift? 4 MR. WASHINGTON: Yes. 5 MR. MCFARLAND: Okay. So, how often would the 6 two roving officers walk by a cell during the night 7 shift? Every how many minutes? 8 MR. WASHINGTON: Normally, when it's two roving 9 officers, it's before the lock-down time. So when we 10 have inmate population out of the dorms, out of their 11 cells -- so normally two times out of an hour -- 12 MR. MCFARLAND: Twice an hour? 13 MR. WASHINGTON: Right, twice an hour. 14 MR. MCFARLAND: Every 30 minutes. 15 MR. WASHINGTON: Right. After lock-down, it's 16 normally just the one going through -- maybe one will go 17 through A block, and then the other will go through B 18 block, so it's -- 19 MR. MCFARLAND: And how often? 20 MR. WASHINGTON: Same. 21 MR. MCFARLAND: Okay. 22 MR. WASHINGTON: Same thing. 49 1 MR. MCFARLAND: So every 30 minutes. 2 MR. WASHINGTON: Correct. 3 MR. MCFARLAND: You're going to have either one 4 or two walking by. 5 MR. WASHINGTON: Correct. 6 MR. MCFARLAND: How about during the day shift, 7 Sergeant Peters? 8 MS. PETERS: During the day we have two at 9 booking, one in the control room, and then two are 10 assigned to do the cell block checks. And usually our 11 inmates are out, you know, during the day, more so than 12 at night. So I have two going in. 13 Then we have a lot of other stuff going on, 14 too. Court -- 15 MR. MCFARLAND: Sure. 16 MS. PETERS: -- attorney visits, regular 17 visits. 18 MR. MCFARLAND: And was that the case in 2007, 19 that you had five officers in -- 20 MS. PETERS: I have seven on my shift, and we 21 have post-order assignments now. And that is, like I 22 said, two at booking, one in the control room, and two 50 1 are assigned to do cell block checks. 2 But anybody that isn't on an assignment, 3 they're to go when and where they're needed to take care 4 of whatever is going on: regular visits, court -- it's 5 a lot of court during the day. 6 MR. MCFARLAND: Sure. And was that the set-up 7 in 2007, or have you staffed up since then? 8 MS. PETERS: I had seven on my shift at that 9 time, too. 10 MR. MCFARLAND: Okay. So you've got two at 11 booking, you've got one in control. 12 MS. PETERS: In control. 13 MR. MCFARLAND: You've got two rovers, and 14 you've got two floaters, in the sense of -- 15 MS. PETERS: If everybody is there. Yes, Sir. 16 MR. MCFARLAND: If everybody is there? 17 MS. PETERS: Mm-hmm. 18 MR. MCFARLAND: Okay. And you have an average 19 of 90 or 92 -- the count was 92 today? 20 MS. PETERS: Yes, Sir. 21 MR. WASHINGTON: Correct. 22 MR. MCFARLAND: Okay. Do you think that's 51 1 enough staff for your facility? 2 MS. PETERS: Of course we would like to have 3 more people, because I don't have less than five. I 4 don't allow, you know, less than five. I mean, of 5 course, something could always come up where you're 6 short-handed. 7 But I think we all would like to have more 8 people, yes. Officer safety is a big thing. 9 MR. MCFARLAND: Sure. Five on ninety-two, does 10 that ratio give you some concern? 11 MS. PETERS: Absolutely. 12 MR. WASHINGTON: Yes. 13 MS. PETERS: Because, basically, definitely one 14 person is going to be at booking, one is in the control 15 room. If a problem happens, you have -- you know, if 16 you have five people there, you only have three left to 17 actually go and take care of that problem. So -- 18 MR. MCFARLAND: Now, the person in control, he 19 or she has how many monitors to monitor? 20 MR. WASHINGTON: New ones -- 21 MR. MCFARLAND: How many video cameras do you 22 have? It's in the thirties, I think. 52 1 MR. WASHINGTON: It's over 30. 2 MS. PETERS: Yes. 3 MR. WASHINGTON: It's over 30. 4 MR. MCFARLAND: How -- now, you just added the 5 digital system -- 6 MR. WASHINGTON: Correct. 7 MR. MCFARLAND: -- this year, right? 8 MR. WASHINGTON: Yes. 9 MS. PETERS: Yes, Sir. 10 MR. MCFARLAND: So, in 2007 -- again, I don't 11 have a fixation on 2007 -- 12 MR. WASHINGTON: Right. 13 MR. MCFARLAND: -- I just want to -- 14 MS. PETERS: Right. 15 MR. WASHINGTON: Right. 16 MR. MCFARLAND: That's when the survey was 17 taken, so -- 18 MS. PETERS: We had, like, eight in 2007. 19 MR. MCFARLAND: Yes, how many did you have? 20 MS. PETERS: Roughly eight, I believe, the 21 monitors. I am trying to visualize. Maybe not -- 22 MR. WASHINGTON: Nine. 53 1 MS. PETERS: Nine. 2 MR. WASHINGTON: We had nine in 2007. 3 MS. PETERS: Yes. 4 MR. MCFARLAND: Okay. And they are all 5 stationary. They were all stationary, is that correct? 6 They cannot swivel, they cannot -- 7 MS. PETERS: At one time they could. They were 8 not working properly. You could manually set them -- 9 MR. WASHINGTON: Yes. 10 MS. PETERS: -- if they chose to work that day. 11 MR. WASHINGTON: They haven't worked -- 12 MS. PETERS: But you know, it's like -- 13 MR. WASHINGTON: They haven't worked in quite a 14 while. 15 MR. MCFARLAND: Okay. And those were 16 VCR-recorded, is that right? 17 MS. PETERS: Yes, Sir. 18 MR. WASHINGTON: Yes. 19 MR. MCFARLAND: And how long are those VCR 20 tapes -- where were they kept, the black and white VCR 21 tapes, kept in 2007? 22 MR. WASHINGTON: The way it worked at that time 54 1 was we had maybe approximately five tapes, and we would 2 rotate them. As the time elapsed, we would put that 3 tape -- bring it out of the VCR, take the next tape that 4 was the oldest -- 5 MR. MCFARLAND: Yes. 6 MR. WASHINGTON: -- and insert that one. If it 7 was a tape that we needed something from, whether it was 8 a fight, or what have you, then we would actually pull 9 that tape period, and we would have investigations. 10 MR. MCFARLAND: And how much could each tape 11 record? 12 MR. WASHINGTON: Those were 90-minute tapes? I 13 believe they were 90-minute tapes. I'm not -- 14 MS. PETERS: I think that's correct. 15 MR. MCFARLAND: Would Sergeant Jenkins be the 16 best person to ask about that? 17 MS. PETERS: Yes, Sir. 18 MR. WASHINGTON: Yes. 19 MR. MCFARLAND: Okay. And in 2007, the video 20 system consisting of those eight or nine cameras, it 21 only allowed you to record from one camera at a time, is 22 that right? 55 1 MR. WASHINGTON: Exactly. 2 MS. PETERS: That's correct. 3 MR. WASHINGTON: That's correct. 4 MR. MCFARLAND: Okay. And you had a limited 5 number of tapes, obviously. So, there wouldn't be an 6 archive of everything that was seen by all nine of those 7 cameras, correct? 8 MR. WASHINGTON: It would only be the one that 9 was recording -- 10 MR. MCFARLAND: It would just be the one? 11 MR. WASHINGTON: Just the one that recorded -- 12 MR. MCFARLAND: Whichever one he happened to 13 turn on -- 14 MR. WASHINGTON: Right. If there was an 15 incident, we would have to -- 16 MS. PETERS: Switch it to that -- 17 MR. WASHINGTON: Switch it over to that -- 18 MS. PETERS: -- one camera. 19 MR. MCFARLAND: Yes. So if you had an 20 allegation by an inmate that he had been sexually 21 assaulted by a staff member, or by another inmate, the 22 only way you would be able to use the cameras to 56 1 disprove that is if you happen to be lucky enough to 2 have that camera on at the time that he said he was 3 assaulted. 4 MR. WASHINGTON: Right. 5 MS. PETERS: That's correct. 6 MR. WASHINGTON: Right. 7 MR. MCFARLAND: Okay. Now you have over 30 8 cameras, and they're digitally recorded, so you archive 9 for quite a while. 10 MS. PETERS: Right. 11 MR. WASHINGTON: Correct. 12 MR. MCFARLAND: All right. That's great. 13 MS. CHUNN: Sergeant Peters, we were talking a 14 little earlier about the changing behavior or character 15 of detainees coming to the facility, and why you could 16 see, both of you -- both you and Sergeant Washington 17 acknowledged that you could see that in the future you 18 would be getting more of this, because you looked at 19 some of the orders of the detainees. 20 Would you say a word about how that behavior, 21 those changes that might predict sexual aggression, 22 might be seen in the facility, and -- no, I will just 57 1 stop there. 2 Can you say a word about how the changing 3 behavior of your detainees, given the fact that many are 4 coming with sex-related crimes, how that is manifested 5 in the facility? In other words, what does it look like 6 on a day-to-day basis in the facility? 7 MS. PETERS: As far as how many people are 8 coming in, or -- 9 MS. CHUNN: In terms of the kinds of people 10 that are coming in with more problems that may have to 11 do with sexual offending, how does that affect your 12 population when you are managing it? 13 MS. PETERS: It's a great concern for me, as a 14 supervisor, because I'm thinking it's become so many 15 that how do we -- can't separate them, you know, because 16 we don't have the room to do that. I wish we did, you 17 know, to kind of put them all together, or -- but that 18 is a great concern to me, you know, and I feel we have 19 been very lucky that we haven't, you know, had any 20 problems. 21 But like we said before, I think it's to be 22 commended for our staff and what have you. But -- 58 1 MS. CHUNN: So you really -- 2 MS. PETERS: -- it's definitely a concern. 3 MS. CHUNN: So you really don't have the luxury 4 of seeing a person with a record of sexual offending 5 that might be a problem in that facility, and taking 6 that person to another setting, or another place in the 7 facility? 8 MS. PETERS: That's possible, because we have 9 other facilities that are holding some of our inmates 10 for us. And if we have one that is really, you know, a 11 problem, I think that could be worked out and managed, 12 hopefully. 13 MS. CHUNN: If you had one, right? 14 MS. PETERS: Right. 15 MS. CHUNN: And you knew it beforehand. 16 MS. PETERS: Right. Yes, Ma'am. 17 MS. CHUNN: If you had one that you did not 18 know to have that kind of problem, what would you be 19 able to do? 20 MS. PETERS: (No response.) 21 MS. CHUNN: Let's say that the detainee was 22 held for some other reason. Armed robbery, whatever. 59 1 And then, after he is in the facility, you can see that 2 he or she has some other problems with sexual offending. 3 Then what would you do? 4 (No response.) 5 MS. CHUNN: Hello? 6 MR. WASHINGTON: I'm thinking. Well, I mean, 7 you could isolate that person. I mean, you could put 8 them in an isolation cell, once things have been brought 9 to the table, as far as, you know, this person, what's 10 going on with them, whether it's through other inmates, 11 whether it is, you know, observation of him. We have 12 isolation cells that we can house them in, whether it's 13 for however long, until it's -- could be temporarily, to 14 get them to another facility, or just, you know, keep 15 them in there. 16 MR. MCFARLAND: But, Sergeant, aren't those 17 usually occupied by drunks? 18 MR. WASHINGTON: No, we have what's called 19 drunk tanks that's for the drunks. That was on the 20 first floor. We have the isolation cells that were 21 right across the control room. We have two isolation 22 cells up there that we can use. 60 1 MR. MCFARLAND: Okay. 2 MS. CHUNN: But is that something that you 3 would want to consider, as you put together a PREA 4 policy, and program to respond? 5 MS. PETERS: Definitely. 6 MS. ELLIS: I would like to ask if you have 7 ever had anyone to complete suicide in your facility. 8 MS. PETERS: Years ago, when I first came to 9 work here, we had two. 10 MS. ELLIS: Two individuals together, or just 11 throughout the year? 12 MS. PETERS: Oh, no, Ma'am. It was two 13 separate incidents at different times. 14 MS. ELLIS: And I ask the question, because in 15 your policies you have quite an extensive area focus on 16 suicide: the training; how do you proceed; how do you 17 operate; what do you look for, in terms of people who 18 may give indication that they might be thinking about 19 ending their lives, which is very well done. 20 And it seems to me that, as we talk about PREA, 21 it might be a good idea to do the same kind of 22 concentration. Because, as you say, Sir, thinking in 61 1 terms of preventative maintenance and anticipation of 2 something really bad happening, and you'd be completely 3 fortified through training and the dictates of PREA. 4 But it is outstanding, in terms of what we have seen, 5 actually, as far as suicide is concerned. 6 Have you ever had anyone -- have you ever had a 7 murder, a homicide in your facility? 8 MR. WASHINGTON: No. 9 MS. PETERS: No, Ma'am. 10 MR. WASHINGTON: No, Ma'am. 11 MS. ELLIS: I see. The other question that I 12 have, that comes to mind, I would like to know how you 13 handle homosexuals who come into the facility. When you 14 become aware, at the time of booking, that that 15 individual may be a homosexual -- that's part one. 16 MR. WASHINGTON: They are treated no 17 differently than anyone else. They are given the chance 18 to go in with the other population. They are monitored, 19 observed, just as everyone else. If an incident occurs 20 from that person, or something -- whether they initiate 21 it or someone else initiates it, then we would take the 22 precautions from that point, as far as bringing -- you 62 1 know, bringing them out of the population. 2 MS. ELLIS: You say they are given a chance. 3 So you give them a choice, to determine whether or not 4 they want to be isolated or protected, so to speak, or 5 whether they want to be with the general population? 6 MR. WASHINGTON: Well, we don't ask them. 7 MS. ELLIS: I see. 8 MR. WASHINGTON: That's where we place them -- 9 MS. ELLIS: I see. 10 MR. WASHINGTON: -- is in population. We do 11 have individuals that come in from time to time. And it 12 doesn't have to be homosexuals, it could be something 13 that is going through marital strife that requests to be 14 by themselves for a while before they are placed in 15 population. And if we can honor that, then we try to 16 honor that. 17 MS. ELLIS: Sergeant Peters, in your experience 18 over the years, have you ever had anyone come into the 19 facility who was a transgender? 20 MS. PETERS: Yes, Ma'am. 21 MS. ELLIS: What would -- how did you handle 22 that situation, in terms of -- 63 1 MS. PETERS: Well, what happened is he was 2 dressed -- or they were dressed as a woman, but they 3 were escorted to the restroom by the arresting officer, 4 and they weren't a female. And so, we dealt with it 5 from there. We sent a male in with them. 6 But they were put into population, and like 7 Sergeant Washington said, their behavior is monitored 8 closely. They are given the opportunity to go in there. 9 And as long as they conduct themselves in the proper 10 manner -- and this person did, and there was no problem 11 with them -- they stayed in population his entire time 12 in our facility. 13 MS. ELLIS: Have there been situations where 14 you might have been concerned for someone's safety in 15 placing them in general population for any reason, 16 whether they were homosexual or very young -- 17 MS. PETERS: Oh, sure. It's a concern -- 18 MS. ELLIS: -- inexperienced, small in stature? 19 MS. PETERS: Right. It's a concern. Like I 20 said, he was closely monitored. He didn't display any 21 inappropriate behaviors as we were booking him in. He 22 was fine. You know, he appeared fine. And like I said, 64 1 he continued to be fine his entire stay in our facility. 2 MS. ELLIS: One other question comes to mind. 3 With you being so overcrowded and people living, 4 basically or literally on top of each other. 5 MS. PETERS: Right. 6 MS. ELLIS: To a certain extent. Is there a 7 lot of in-fighting? Do you have a lot of break-outs of 8 fights and -- 9 MS. PETERS: No. We have been very lucky. We 10 haven't, you know. Occasionally we do. But all in all, 11 we -- 12 MR. WASHINGTON: Not on a weekly or biweekly 13 basis, by no means. But we do have, just like any other 14 facility -- 15 MS. PETERS: From time to time. 16 MR. WASHINGTON: -- we do have, from time to 17 time. But not biweekly. Not even -- I wouldn't even 18 say monthly. 19 MS. PETERS: And it's something like over a 20 disagreement over a card game, or -- 21 MR. WASHINGTON: A card game, or -- 22 MS. PETERS: -- the TV channel, you know, 65 1 something like that. 2 MS. ELLIS: Okay, thank you. 3 MR. MCFARLAND: Is homosexual behavior 4 permitted in the facility -- 5 MS. PETERS: No, Sir. 6 MR. WASHINGTON: No. 7 MR. MCFARLAND: -- between inmates? 8 MR. WASHINGTON: No. 9 MS. PETERS: Absolutely not. 10 MR. MCFARLAND: What if it's consensual? 11 MS. PETERS: No. 12 MR. WASHINGTON: Still not permitted. 13 MR. MCFARLAND: Is that a minor or a major rule 14 infraction? 15 MS. PETERS: Major. 16 MR. WASHINGTON: That would be a major. 17 MR. MCFARLAND: Okay. What -- does it make any 18 difference whether there is -- well, what's the 19 practical difference between a major and a minor rule 20 infraction? 21 MR. WASHINGTON: Major rules or infractions are 22 those infractions that the inmate would have to go 66 1 before the review board, and that would be the 2 determining factor, as far as punishment is concerned. 3 A minor is an infraction that a deputy, any 4 deputy on the shift, could write up the inmate for, 5 whether it's contraband, whether it's -- 6 MS. PETERS: Disrespective behavior. 7 MR. WASHINGTON: Disrespect to an officer. 8 Things of that nature. 9 MR. MCFARLAND: One of the documents that you 10 all provided under -- it's labeled "Attachment V," and 11 it -- are you familiar with the various, you know, 12 written policies of the jail? 13 I mean, I told you I wouldn't quiz you, so I'm 14 not trying to do that. 15 MR. WASHINGTON: Right. 16 MR. MCFARLAND: But there is a document that 17 appears to be an adaptation of the Virginia 18 administrative code, title six, VAC, chapter 1540, and 19 then it has a number of sections dealing with -- and 20 that's the chapter and code of the chapter in the 21 Virginia administrative code pertaining to jail 22 operations. 67 1 And it appears -- tell me if I'm wrong -- that 2 you all have taken those code sections and inserted 3 reference to Culpeper County Jail, but it's pretty much 4 verbatim from the Virginia administrative code. 5 MS. PETERS: Yes. 6 MR. MCFARLAND: Is that right? 7 MS. PETERS: Yes, Sir. 8 MR. MCFARLAND: Okay. Now, one of the 9 documents -- and it's -- it is on page -- I'm just going 10 to read it to you. It's -- for attachment six, at the 11 top it says, "Culpeper County Jail Rules and 12 Regulations," and it says, "Revised June 2004." And 13 it's addressed to "Inmates." So I think attachment six 14 is in response to our question about getting a copy of 15 the inmate handbook. 16 Do you all have an inmate handbook you give to 17 inmates at the jail? 18 MS. PETERS: The jail rules and regulations. 19 MR. WASHINGTON: Yes, jail rules and regs. 20 MR. MCFARLAND: Are you familiar with the 21 orientation process of new committals? Or is there 22 somebody -- are you familiar with what is done at the 68 1 time of booking, and the time of classification? 2 MR. WASHINGTON: Oh, yes. 3 MS. PETERS: Yes. 4 MR. WASHINGTON: Yes. 5 MR. MCFARLAND: Okay. And when does an inmate 6 get this handbook? 7 MR. WASHINGTON: When they're booked in. 8 MR. MCFARLAND: When they're booked? Okay. 9 And on page five it has a list, long list, of rule 10 violations and punishments. And minor rule and 11 violations are 40. And number 29 is homosexual behavior 12 with consent. And under major rule violations -- and 13 again, I wasn't trying to catch you on your knowledge of 14 40 different rule violations -- 15 MS. PETERS: That's okay. 16 MR. MCFARLAND: Under major rule violations, it 17 says, number eight, "Making forcible homosexual advances 18 toward another." 19 So, it seems like this paper is distinguishing 20 between consensual homosexuality and forcible 21 homosexuality. And the different is significant, minor 22 versus major. 69 1 MS. PETERS: Right. 2 MR. MCFARLAND: Now, am I getting that right? 3 I mean, does that refresh your recollection as to what 4 is a major and what is a minor? Or, in reality, you do 5 not worry about consent? Is it all treated the same? 6 How does -- I'm less interested in what the 7 paper says, and more interested in how it actually 8 works, in reality. 9 Is -- do you see a difference in the way you 10 respond to homosexual behavior that is 11 consensual -- these two women both wanted it, or these 12 two men both wanted it -- versus you get the idea that 13 one was coming on to the other and the other was just 14 too small to resist? 15 Is there a difference, a functional, practical 16 difference that turns on consent, when it comes to 17 homosexual behavior in your jail? 18 MR. WASHINGTON: That's a good question. 19 MS. PETERS: Yes. 20 MR. WASHINGTON: On that -- to be honest, I 21 didn't -- as far as the homosexual, consensual, I would 22 take that to be a major, myself. 70 1 MS. PETERS: A major, yes. 2 MR. WASHINGTON: I wouldn't think that would be 3 under a minor. I guess because we've never had to deal 4 with it, that's one that we have never run across, or 5 maybe overlooked, or whatever, because it's something 6 we've never had to deal with. 7 But in my mind and my heart, it would be a 8 major. 9 MR. MCFARLAND: Okay. 10 MS. PETERS: I pretty much feel the same way. 11 I do. 12 MR. MCFARLAND: Okay. Well, and it seems 13 perfectly understandable that you would feel that way, 14 because it's kind of an academic question, right? 15 MS. PETERS: Right. 16 MR. MCFARLAND: I mean, until two weeks ago, 17 you had never heard even any allegation -- 18 MR. WASHINGTON: Correct. 19 MR. MCFARLAND: -- that any inmate-on-inmate 20 stuff was going on. 21 MR. WASHINGTON: Correct. 22 MR. MCFARLAND: And it turned out to be false, 71 1 at least as far as the alleged victim was concerned, 2 right? 3 MR. WASHINGTON: Correct. 4 MR. MCFARLAND: And, Sergeant Peters, I think 5 you said that you have never heard of or seen any 6 evidence of inmate-on-inmate -- 7 MS. PETERS: Right. 8 MR. MCFARLAND: Homosexual or heterosexual 9 behavior, is that right? 10 MS. PETERS: That's right. 11 MR. MCFARLAND: Okay. So, this is not a 12 response that you -- or a rule that you have ever had to 13 implement, is that correct? 14 MR. WASHINGTON: Exactly. 15 MR. MCFARLAND: We're just going to go for 16 another -- until 1:00, and then break for a late lunch. 17 But who does the booking? It's an officer, 18 right? Not a nurse, right? 19 MR. WASHINGTON: Correct. 20 MR. MCFARLAND: And I was handed a jail medical 21 screen history report that was printed off of the 22 computer. So it doesn't have a form number. It's from 72 1 your software. Was this being used in 2007, the same 2 system? 3 MR. WASHINGTON: Yes. 4 MR. MCFARLAND: Okay. And is this a complete 5 list of all the questions that are typically asked by 6 the booking officer about medical history of a new 7 admittee? 8 MS. PETERS: Yes. 9 MR. WASHINGTON: That's correct. 10 MR. MCFARLAND: Okay. Now, I don't see 11 anything in the 44 questions -- there is nothing about, 12 "Have you ever been sexually assaulted, have you ever 13 been sexually molested as a child, have you ever been 14 abused, have you ever committed a sexual offense." 15 There is nothing like that here. The closest you get 16 is, "Do you have any sexual diseases, venereal 17 infections?" 18 So, am I correct in believing that your booking 19 officers do not ask any questions, other than these 44 20 questions? 21 MS. PETERS: That is correct. That is correct. 22 MR. WASHINGTON: Right. 73 1 MR. MCFARLAND: Okay. And so they're not 2 asking about sexual history? 3 MR. WASHINGTON: No, we have a classification 4 form that we also ask, another set of questions. And 5 it's not just questions, it's all the information of 6 that individual that we log in. And at the end of that 7 form it asks as far as, "Have you ever been convicted of 8 the following," it could be kidnaping, it could 9 be -- assaultive behavior is one of the questions on 10 there. 11 MR. MCFARLAND: Okay. 12 MR. WASHINGTON: But there is numerous -- maybe 13 seven or eight -- things that they ask at the end of 14 that form, if they've ever been convicted of. 15 MR. MCFARLAND: Okay. We will ask if we can 16 get, maybe over lunch, get the -- get that 17 classification form, Sheriff, if that's not too much 18 trouble. 19 But since you are familiar with it, is there 20 any question on the classification form that solicits 21 information about, "Have you ever been raped, have you 22 ever been sexually abused as a child?" 74 1 MS. PETERS: No. 2 MR. WASHINGTON: There is nothing on there. 3 MR. MCFARLAND: Okay, so -- 4 MR. WASHINGTON: Pertaining to that. 5 MR. MCFARLAND: -- there is a question about 6 their -- 7 MR. WASHINGTON: Just assaultive behavior. 8 MR. MCFARLAND: Their assaultive behavior. 9 MR. WASHINGTON: Correct. 10 MR. MCFARLAND: And that would be a place for 11 someone that says, "Yes, I was convicted of rape, or 12 something." 13 MR. WASHINGTON: Correct. 14 MR. MCFARLAND: But you're not going to get any 15 victim information. 16 MR. WASHINGTON: No. 17 MR. MCFARLAND: Is that correct? 18 MR. WASHINGTON: No -- 19 MS. PETERS: Right. 20 MR. WASHINGTON: That's correct. 21 MR. MCFARLAND: And is anywhere, either in this 22 medical screening report or in the classification report 75 1 or any other time during booking that you ask about 2 sexual orientation or sexual preference? 3 MR. WASHINGTON: No. 4 MR. MCFARLAND: You don't ask people whether 5 they're gay? 6 MR. WASHINGTON: No. 7 MS. PETERS: No, Sir. 8 MR. WASHINGTON: No, Sir. 9 MR. MCFARLAND: Okay. You don't ask, 10 obviously, whether they're transgender. 11 MS. PETERS: Right. 12 MR. MCFARLAND: You just got surprised. Okay. 13 Is that something that you think would be helpful to 14 ask, if they're willing to answer, "Are you a 15 homosexual?" 16 MR. WASHINGTON: Well, once again, as I stated 17 before, anything that we can do beforehand, any 18 questions we can ask, any actions we can take is always 19 going to benefit you. 20 MR. MCFARLAND: Would you want to -- 21 MR. WASHINGTON: Could possibly benefit you. 22 MR. MCFARLAND: What would you do with 76 1 information if somebody said, "I am a practicing 2 homosexual?" What difference would that make in your 3 classification or housing decision? 4 MR. WASHINGTON: It would be information that 5 we would have. I mean, we would still put them in 6 general population, but at least we have that 7 information before us, that we know, okay, it could 8 throw up a red flag, you know, not to treat them any 9 differently, but you have that red flag that, okay, "Be 10 aware." 11 MR. MCFARLAND: How would you communicate to 12 the rovers, or any other staff, or would you? That kind 13 of information. 14 MR. WASHINGTON: Yes, I would. 15 MR. MCFARLAND: How would you do that? 16 MR. WASHINGTON: They -- 17 MR. MCFARLAND: In the posting orders, or 18 something, or shift during -- the -- between shifts? 19 MS. PETERS: Right. 20 MR. MCFARLAND: You have a shift briefing? 21 MS. PETERS: Shift supervisors, and we would 22 meet and go over information that needs to be passed on. 77 1 MR. WASHINGTON: Yes. 2 MS. PETERS: About any particular inmates. And 3 that would definitely be something that, like he said, 4 is an alert to us to pass on. And they, in turn, would 5 pass on to their shifts, co-workers. 6 MR. MCFARLAND: When Ms. Ellis asked 7 about -- or was complimenting you about the suicide 8 policy, it's seven pages long, and it's really 9 outstanding. And the second paragraph of the policy 10 says that the purpose -- it's the policy of the jail 11 that all deputies will be familiar with verbal and 12 behavioral signs exhibited by persons who are suicidal. 13 And would you agree that the same kind of 14 familiarity would be essential so you could see the 15 symptoms of somebody who has been raped or is a rape 16 waiting to happen? 17 MR. WASHINGTON: Yes, Sir. 18 MS. PETERS: Yes, definitely. 19 MR. WASHINGTON: Definitely. 20 MR. MCFARLAND: Okay. Do you want to ask 21 anything before we adjourn for lunch? 22 (No response.) 78 1 MR. MCFARLAND: Well, we still have more 2 questions for this panel, but we are going to break for 3 lunch. I know you're excited about that, Sergeant 4 Peters. 5 But we will reconvene at 2:00, and I am sorry. 6 You are just so knowledgeable, we just want to ask a few 7 quick questions. 8 MS. PETERS: That's okay. 9 MR. WASHINGTON: We're at your disposal. 10 MR. MCFARLAND: All right. Thanks a lot. We 11 are in recess. 12 (Whereupon, at 12:57 p.m., a luncheon recess 13 was taken.) 14 15 16 17 18 19 20 21 22 79 1 A F T E R N O O N S E S S I O N 2 MR. MCFARLAND: Well, welcome back. 3 MR. WASHINGTON: Thank you. 4 MR. MCFARLAND: Where are the blind spots in 5 the jail? If I told you that a sexual assault occurred 6 last night, where is the first place you would want to 7 look? Where would you suspect? 8 Or, put it another way. If you were a 9 predator, where would be the safest place to try to do 10 that? 11 MS. PETERS: I think they would probably get 12 under the stairwell and block, thinking we couldn't see 13 them. 14 MR. MCFARLAND: In the day room? 15 MS. PETERS: In the day room, sorry. 16 MR. MCFARLAND: Actually, the stair steps -- 17 MS. PETERS: Have the holes. 18 MR. MCFARLAND: -- have the little holes. 19 MS. PETERS: Right. 20 MR. WASHINGTON: Right. But the angle, when 21 you -- as far as a camera, looking at it on camera, you 22 can only see partial. 80 1 MR. MCFARLAND: Oh, yes? 2 MR. WASHINGTON: Yes. 3 MR. MCFARLAND: Now, isn't it true that the 4 camera in the A unit cannot see into the shower? It's 5 blocked by a pillar? 6 MR. WASHINGTON: Correct. 7 MS. PETERS: Right. 8 MR. MCFARLAND: Okay. Where else -- where are 9 the other blind spots? 10 MR. WASHINGTON: Are we talking in the general 11 population, or -- 12 MR. MCFARLAND: Anywhere an inmate could be or 13 be taken. 14 MR. WASHINGTON: The -- 15 MS. PETERS: Trustee dorm. 16 MR. WASHINGTON: -- trustee dorm, the changing 17 room on the ground level, the kitchen -- 18 MS. PETERS: Back in -- 19 MR. WASHINGTON: Back in the kitchen, where we 20 store -- 21 MR. MCFARLAND: The kitchen storage room? 22 MS. PETERS: Right. 81 1 MR. WASHINGTON: Kitchen storage room -- 2 MR. MCFARLAND: And also -- 3 MR. WASHINGTON: -- mop room -- 4 MR. MCFARLAND: Around the -- in the mop room 5 and behind the mop room. 6 MS. PETERS: Right. 7 MR. WASHINGTON: Correct. 8 MS. PETERS: Correct. 9 MR. WASHINGTON: Yes. 10 MR. MCFARLAND: What about the stairwell? Not 11 in the day room, but -- 12 MR. WASHINGTON: The stairwells in general? 13 MR. MCFARLAND: To recreation. 14 MR. WASHINGTON: Yes. 15 MR. MCFARLAND: There is no camera on the top 16 floor, the landing at the top floor before you go out 17 into the rec room. 18 MR. WASHINGTON: Correct, it's -- 19 MR. MCFARLAND: Matter of fact, the light was 20 out, as well. 21 MR. WASHINGTON: Okay. 22 MR. MCFARLAND: Are there any other blind spots 82 1 that might merit having a camera or just having your 2 staff get a heads up to be mindful of? 3 MS. PETERS: To better see in the day rooms for 4 the females. 5 MR. MCFARLAND: I'm sorry, what about the day 6 rooms for the females? 7 MS. PETERS: To better see in there. It is 8 limited, what -- 9 MR. WASHINGTON: Yes, limited vision also on 10 camera, as far as the female day rooms. 11 MR. MCFARLAND: Yes. 12 MS. PETERS: You can't see into the actual cell 13 without, you know, physical going in there, which we do, 14 often. 15 MR. MCFARLAND: But if something were to happen 16 in between -- 17 MS. PETERS: Right. 18 MR. MCFARLAND: -- the half-an-hour that the 19 rovers are coming through, there are three different 20 cells, none of which you can see inside. 21 MS. PETERS: Correct. 22 MR. WASHINGTON: Correct. 83 1 MR. MCFARLAND: Isn't that right? 2 MS. PETERS: Correct. 3 MR. WASHINGTON: Correct. 4 MR. MCFARLAND: And that's true, with respect 5 to both -- 6 MR. WASHINGTON: Same. 7 MR. MCFARLAND: -- of the women's cell blocks, 8 right? 9 MS. PETERS: Yes. 10 MR. WASHINGTON: Right. 11 MS. PETERS: Right. 12 MR. WASHINGTON: And the male blocks. I mean, 13 unless you are physically in there, walking through, 14 you're not going to be able to see what's going on in 15 those cells, except for the ones that face the two, you 16 know -- 17 MR. MCFARLAND: The two cameras? 18 MR. WASHINGTON: Right. 19 MS. PETERS: Right. 20 MR. WASHINGTON: Or the glass, when you're in 21 the control room, the ones that you can physically see 22 straight out the glass at you. On the upper tier, I 84 1 think it's maybe three cells you can pretty much 2 physically see all the way into. 3 MR. MCFARLAND: But as a practical matter, the 4 command room now has over 30 cameras to look at. He is 5 probably not able to do a whole lot of direct 6 supervision of either of the day rooms. Is that fair? 7 MS. PETERS: I think it's fair. You know, when 8 it's one person up there, and they're looking at all the 9 cameras -- 10 MR. WASHINGTON: Yes, it's a lot to observe. 11 MS. PETERS: -- and people coming in, going 12 out, especially during the day. 13 MR. WASHINGTON: Yes. 14 MS. PETERS: That's why we try to visit -- you 15 know, go in the blocks so often in person. 16 MR. MCFARLAND: What's the turnover rate among 17 correctional officers at the jail? At least in the last 18 year, 2007. 19 MS. PETERS: It's been quite a bit. I don't 20 know an exact number. 21 MR. MCFARLAND: Yes. 22 MS. PETERS: But it's been quite a big 85 1 turnover. Not they're leaving the department, 2 they're -- you know, they request to go to patrol, and 3 stuff like that. So -- the courts. 4 MR. MCFARLAND: Okay, so there is not so much 5 of a turnover from the sheriff's office, but a lot of 6 folks that want to get out of the jail? 7 MS. PETERS: Yes, they do. 8 MR. WASHINGTON: Yes, sure. 9 MR. MCFARLAND: Okay. And why do you think 10 that is? 11 MR. WASHINGTON: Just to broaden themselves, as 12 far as, you know, law enforcement is concerned, whether 13 it's going to patrol, whether it's putting in for an 14 investigative opening, position that's open. 15 MS. PETERS: We see a lot come in that want to 16 go to patrol. 17 MR. WASHINGTON: Courts, going over to the 18 courts to work. 19 MR. MCFARLAND: Course work? Okay. Do -- so 20 are a lot of your correctional officers fresh out of the 21 academy, and then as they get a little more experience 22 they want to do something else in the sheriff's office? 86 1 MS. PETERS: A lot come in that are certified 2 from other jails. So we don't get a whole lot any more 3 that are not certified. We see more that are certified. 4 MR. MCFARLAND: What makes somebody certified? 5 I'm sorry. 6 MS. PETERS: They have been -- like, say if 7 they come from another jail, they are jail-certified 8 officers. They have already been to their schooling. 9 MR. MCFARLAND: I see. 10 MR. WASHINGTON: Right. 11 MR. MCFARLAND: So what about the new hires? 12 They -- is there a high turnover rate among the new 13 hires? 14 (No response.) 15 MR. MCFARLAND: In other words, you see a lot 16 of officers who will be there less than two years, less 17 than a year-and-a-half. 18 MR. WASHINGTON: I wouldn't say there is a high 19 turnover rate of new officers, no. I mean, we have had, 20 you know, one or two that have either gone over to work 21 for town PD, and things of that nature. But as far as 22 high turnover rate, no. There is not a high turnover 87 1 rate of new officers. 2 MR. MCFARLAND: Going back to booking and 3 classification, who -- you don't have any nurse who is 4 doing that. It's a correctional officer on duty that 5 does the booking, is that right? 6 MS. PETERS: Yes, Sir. 7 MR. WASHINGTON: Correct. 8 MR. MCFARLAND: Including asking the medical 9 questions? 10 MR. WASHINGTON: Correct. 11 MS. PETERS: Yes, Sir. 12 MR. MCFARLAND: Including asking the 13 classification questions? 14 MS. PETERS: Yes, Sir. 15 MR. WASHINGTON: Correct. 16 MR. MCFARLAND: You don't have any case 17 managers? 18 MS. PETERS: No, Sir. 19 MR. WASHINGTON: No, Sir. 20 MR. MCFARLAND: Okay. Obviously, no 21 classification officer. 22 MS. PETERS: Right. 88 1 MR. MCFARLAND: It's whoever is at the booking 2 desk. 3 MR. WASHINGTON: Correct. 4 MR. MCFARLAND: Okay. Aren't -- if you wanted 5 to ask some sensitive questions about -- you know, for 6 example, you know, "Are you homosexual," or, "Have you 7 ever been, you know, sexually assaulted in your previous 8 incarceration," or anything, there is no private place 9 to ask those kinds of questions. 10 I mean, the person is standing right in front 11 of -- with their back to four -- 12 MS. PETERS: Right. 13 MR. MCFARLAND: -- observation -- or holding 14 cells that are six feet away, right? 15 MS. PETERS: Exactly. 16 MR. WASHINGTON: Correct. 17 MR. MCFARLAND: So, would that be something 18 that -- ideally, of course, if you weren't such tight 19 quarters, that you could have that kind of interview go 20 on maybe in that office, where Lieutenant Brooks's 21 computer is? It's just -- 22 MS. PETERS: There or in medical. 89 1 MR. WASHINGTON: Yes, or in medical. 2 MR. MCFARLAND: Or in medical? 3 MR. WASHINGTON: Yes. 4 MS. PETERS: Have some privacy. 5 MR. MCFARLAND: Yes. 6 MS. PETERS: I mean, I would put myself in that 7 person's place and think how I would feel -- 8 MR. MCFARLAND: Yes. 9 MS. PETERS: -- standing out there, like you 10 said, in front of all the holding cells and other 11 officers, and -- 12 MR. MCFARLAND: Because you're not going to 13 want all the general population -- 14 MS. PETERS: Exactly. 15 MR. MCFARLAND: -- to find out that you're 16 transgender, or you're gay, or -- 17 MS. PETERS: Right. 18 MR. MCFARLAND: -- you've been raped three 19 times, you know, you're fresh meat, you know. I 20 mean -- and it only takes one person in the holding cell 21 to hear that. 22 MS. PETERS: Exactly. 90 1 MR. MCFARLAND: Do you know if the jail gives 2 any of the medical staff any training in the detection 3 of sexual assault? 4 MR. WASHINGTON: I'm not sure if the jail gives 5 any training. 6 MS. PETERS: I don't believe so. Nothing, you 7 know, more than we receive in -- when we go to the 8 academy or basic training. 9 MR. MCFARLAND: How long is the academy? 10 MS. PETERS: For the jail? I know it went up. 11 MR. WASHINGTON: It was eight weeks, but now 12 it's gone up to -- I'm not sure. 13 MS. PETERS: I know they changed how many 14 weeks. I'm not sure -- 15 MR. MCFARLAND: Okay. 16 MS. PETERS: -- of the exact -- 17 MR. MCFARLAND: But it's increased? 18 MS. PETERS: Yes, Sir. 19 MR. MCFARLAND: It's longer. Okay. And what 20 are the minimum hiring standards for your new 21 correctional officers? Or do you have a familiarity 22 with that? I don't want you to have to guess about any 91 1 of this, but -- 2 MR. WASHINGTON: I'm not familiar with it. 3 MS. PETERS: Yes, I'm not -- 4 MR. MCFARLAND: Okay, who should I ask? 5 MS. PETERS: First Sergeant Jenkins. 6 MR. MCFARLAND: Sergeant Jenkins? 7 MS. PETERS: Mm-hmm. 8 MR. MCFARLAND: Okay. What about pornography? 9 Is it allowed in the jail? 10 MS. PETERS: No, Sir. 11 MR. WASHINGTON: No, it's not. 12 MR. MCFARLAND: And what kind of movies and 13 materials are allowed on the video screen, the TV 14 screens? Do you have, like, HBO or other -- 15 MR. WASHINGTON: They have just regular movie 16 channels, nothing that -- nothing out of the ordinary. 17 I mean, they have, like, USA and things of that nature, 18 but you know, that would show on a regular cable network 19 or satellite network. 20 MR. MCFARLAND: No -- 21 MR. WASHINGTON: But nothing -- 22 MR. MCFARLAND: No adult -- 92 1 MR. WASHINGTON: No extra -- no. 2 MS. PETERS: No, Sir. 3 MR. WASHINGTON: Nothing extra. 4 MR. MCFARLAND: Are -- when do strip searches 5 occur at the jail? It's at the initial change-out, 6 right? 7 MR. WASHINGTON: Well, at the initial 8 change-out, it's -- we go back with the inmate into the 9 changing room. 10 MR. MCFARLAND: Yes. Same sex? 11 MR. WASHINGTON: Yes. 12 MR. MCFARLAND: Okay. 13 MR. WASHINGTON: Same sex. And at that time, 14 it is really not a -- it's a strip search, but it's not 15 a strip search. I mean, they are changing out to, you 16 know, get in the shower or something -- 17 MR. MCFARLAND: It's not a cavity search. 18 MR. WASHINGTON: Right, exactly. To get in the 19 orange, and things of that nature. 20 The only time we actually do strip searches 21 would be if an officer brought in an inmate and said 22 that, you know, "We believe he has something on him," 93 1 then we would -- two deputies, jail deputies, would take 2 that person back into the changing room and strip search 3 him at that point, at another officer's request, an 4 arresting officer's request. 5 MR. MCFARLAND: Now, earlier you said 6 that -- Sergeant Washington -- that the changing room is 7 one kind of blind spot. 8 MR. WASHINGTON: Correct. 9 MR. MCFARLAND: And that's because there is a 10 solid door with no window. 11 MS. PETERS: Right. 12 MR. WASHINGTON: Yes. 13 MR. MCFARLAND: And there is no camera in 14 there. 15 MR. WASHINGTON: Correct. 16 MS. PETERS: Correct. 17 MR. MCFARLAND: And, even if there was a window 18 on the door, there are areas -- for example, in the 19 shower -- that would be obscured from view. 20 MR. WASHINGTON: That's correct. 21 MR. MCFARLAND: Is that correct? 22 MR. WASHINGTON: Correct. 94 1 MS. PETERS: That's right. 2 MR. MCFARLAND: So, in a perfect world, what 3 would you want to do differently about that, given the 4 fact that this is the one instance in which you are 5 guaranteed that an inmate is going to be naked with an 6 unobserved -- and unsupervised by -- you know, and alone 7 with one other individual, in this case, an officer? 8 MR. WASHINGTON: As far as the shower itself, 9 instead of having a curtain on there, there could be 10 another type of entryway for it, to where you can, you 11 know, see below and see above, instead of just having 12 that solid curtain that you can't see anything, 13 basically, what's going on behind it. 14 MR. MCFARLAND: Does the jail have a phone 15 hotline or tip line available to the inmates, where they 16 could -- without having to pay for it, you 17 know -- report a crime directly to somebody in the jail, 18 or to the prosecutor, or to internal affairs, or 19 somebody? 20 MR. WASHINGTON: Not internally that I know of. 21 MS. PETERS: No. 22 MR. WASHINGTON: No, no, we don't have anything 95 1 of that nature. 2 MR. MCFARLAND: So, to -- the closest they're 3 going to get is what you testified earlier. You can 4 send a letter, they can talk to their attorney, they can 5 make a call at their expense. 6 MR. WASHINGTON: Correct. 7 MR. MCFARLAND: How much is an outgoing call? 8 Is it by the minute, or do you all know? 9 MR. WASHINGTON: I'm not sure. 10 MS. PETERS: I'm not sure. 11 MR. MCFARLAND: And I guess that answers the 12 question about if there was a hotline or a tip line, 13 there -- it would be kind of difficult, given the fact 14 that these phones are in the day room, to have much 15 privacy. 16 MS. PETERS: Right. 17 MR. WASHINGTON: Exactly. 18 MR. MCFARLAND: If your predator is one of your 19 cellmates -- 20 MR. WASHINGTON: Yes. 21 MS. PETERS: Exactly. 22 MR. WASHINGTON: Yes. 96 1 MR. MCFARLAND: -- that would be difficult. 2 MR. WASHINGTON: Yes. 3 MR. MCFARLAND: So, it might be a good idea to 4 think about a placement of a tip line where it's, you 5 know, where it's discreet, it's a little, you know, off 6 a ways, so that somebody couldn't overhear, couldn't 7 eavesdrop. 8 MR. WASHINGTON: Unfortunately, in the cell 9 blocks, in the population, there is no area like that. 10 MR. MCFARLAND: Yes. Well, you have got 11 people -- 12 MR. WASHINGTON: I mean, with the size of it, 13 there is no type of area that you could have in the day 14 room or in the upper landing that would give you any 15 type of privacy of that nature. 16 MR. MCFARLAND: Now, isn't it true -- I'm not 17 sure we put this on the record, but every cell has two 18 bunks. 19 MR. WASHINGTON: Correct. 20 MR. MCFARLAND: And every cell, male and 21 female, has at least one person sleeping on the floor. 22 MS. PETERS: Yes. 97 1 MR. MCFARLAND: And some cells have as many as 2 three sleeping on the floor. Is that correct? 3 MR. WASHINGTON: No more than two are normally 4 on the floor. In our bigger cells we normally have no 5 more than two people on the floor. 6 MR. MCFARLAND: In the women's cell block, 7 there were three. 8 MR. WASHINGTON: Right, in the women's, right. 9 MS. PETERS: Oh, yes -- 10 MR. WASHINGTON: In the women's day room, 11 correct. 12 MR. MCFARLAND: In the men's -- 13 MR. WASHINGTON: In the men's it's one or two 14 on the floor. 15 MS. PETERS: Right, no more than two on the 16 floor, yes. 17 MR. WASHINGTON: Right. 18 MS. PETERS: In the women's, yes, definitely. 19 MR. WASHINGTON: The women's, yes, it's 20 different over there. 21 MR. MCFARLAND: And what type of programming is 22 available? We know the answers to some of these 98 1 questions, we're just trying to put them on the record. 2 What can an inmate do to occupy his time, besides watch 3 TV? 4 MS. PETERS: We had at one time -- I'm not sure 5 when it actually ceased; it was going in 2007 -- but we 6 had a substance abuse plan. And then we had the GED 7 class. And that ceased, but it has since started up, 8 the GED program. So -- 9 MR. MCFARLAND: What was available in 2007? 10 MS. PETERS: That's what I'm referring to. 11 MR. MCFARLAND: Oh, okay. 12 MS. PETERS: I'm not positive, but the 13 substance abuse program may have ceased prior to 2007, 14 but the GED program we did have, and then -- 15 MR. MCFARLAND: Was this Narcotics Anonymous, 16 the substance abuse -- 17 MS. PETERS: Oh. 18 MR. MCFARLAND: Or Alcoholics Anonymous? 19 MS. PETERS: I think it was -- I think it 20 covered both, if I'm not mistaken. Yes. We had 21 somebody that would come in from our Boxwood Treatment 22 program center here, and meet with them. 99 1 MR. MCFARLAND: Okay. So there is -- there was 2 that, which may or may not have been going on in 2007. 3 MS. PETERS: I can't remember. I am inclined 4 to say no, it wasn't. 5 MR. MCFARLAND: Okay. 6 MS. PETERS: I'm not positive. 7 MR. MCFARLAND: I will ask Sergeant Jenkins or 8 someone. 9 MS. PETERS: All right, thank you. 10 MR. MCFARLAND: And there was the GED class. 11 MS. PETERS: Right. 12 MR. MCFARLAND: And then there would be 13 religious services? 14 MS. PETERS: Yes, Sir. 15 MR. WASHINGTON: Right. We have religious -- 16 MS. PETERS: They come in every Sunday. Then 17 on Wednesday -- 18 MR. WASHINGTON: Wednesday, yes. 19 MS. PETERS: -- evenings they come in for Bible 20 study. 21 MR. MCFARLAND: Could they also go up to the 22 library? It's a little small, but you could get -- 100 1 MR. WASHINGTON: Right, yes. 2 MR. MCFARLAND: -- five, six -- 3 MR. WASHINGTON: Per request on Wednesday 4 nights we take inmates to library, per their request. 5 MR. MCFARLAND: Oh, it's just Wednesday nights? 6 MR. WASHINGTON: Yes. 7 MR. MCFARLAND: All right, so -- 8 MR. WASHINGTON: Just on Wednesday nights, 9 they're allowed to go there. We normally take three to 10 four of them up at a time. 11 And they are allowed to check out up to three 12 books, unless they already have -- if they have one book 13 checked out, then they're only allowed to check out, of 14 course, two books. But -- and then the books are to be 15 returned biweekly. And then they could check out more. 16 MR. MCFARLAND: Yes. 17 MR. WASHINGTON: But they can go -- they are 18 able to go every Wednesday, if they put in a request 19 before that Wednesday. 20 MR. MCFARLAND: So, other than by request, 21 having a weekly visit to the library, there is the GED 22 class. There may or may not have been the Alcoholics 101 1 Anonymous, or something like that. Is there anything 2 else that could occupy their time, other than TV? 3 Well, how often do they get -- I'm sorry, I 4 should let you answer the question. 5 MS. PETERS: I was going to -- recreation they 6 get once a week, at least. And sometimes, you know, if 7 time permits, then we will do it more often. But at 8 least once -- 9 MR. MCFARLAND: How long do they get once a 10 week? 11 MS. PETERS: An hour. 12 MR. MCFARLAND: An hour? 13 MS. PETERS: Yes, Sir. 14 MR. MCFARLAND: How often do they get a shower? 15 MS. PETERS: They are required to shower twice 16 a week, but I can tell you -- 17 MR. WASHINGTON: They can shower every day. 18 MS. PETERS: -- that they can shower every day. 19 MR. WASHINGTON: They can shower every day. It 20 is accessible for them. 21 MS. PETERS: If they choose to. 22 MR. WASHINGTON: And even those in isolation we 102 1 try to shower every day because, I mean, they -- for 2 their cleanliness, for the sake of us not having to deal 3 with them in that condition, we ask -- but they are 4 required to shower at least twice a week. 5 MR. MCFARLAND: Do you have a SANE nurse, a 6 sexual assault nurse examiner, that serves the jail? 7 Are you familiar with that term, SANE nurse? 8 MR. WASHINGTON: No, Sir. 9 MS. PETERS: No, Sir. 10 MR. MCFARLAND: Okay. To your 11 knowledge -- well, I already asked that. How long can 12 it take before a new admittee is classified? 13 MS. PETERS: Actually, the classification 14 process is just getting underway. Because of the size 15 of our facility, it's hard to, indeed, place these 16 people, if you follow me. 17 So, right now, we are doing the classification 18 screenings as a data gathering source, and getting all 19 that together. So -- and the classification screening 20 sheets are done at the time of booking. 21 MR. MCFARLAND: Lieutenant Brooks, did you find 22 us that classification sheet? 103 1 LIEUTENANT BROOKS: I think it's right in front 2 of you, Sir -- 3 MS. PETERS: Yes -- 4 LIEUTENANT BROOKS: -- if I'm not mistaken. 5 MS. PETERS: -- it's right here. 6 MR. MCFARLAND: Oh, that's it. Thank you. 7 LIEUTENANT BROOKS: Okay. 8 MR. MCFARLAND: And this is a two-page document 9 entitled, "Classification Screening Form?" 10 MS. PETERS: Yes, Sir. 11 MR. WASHINGTON: That's it. 12 MR. MCFARLAND: And you are familiar with this? 13 MR. WASHINGTON: Yes, Sir. 14 MR. MCFARLAND: Okay. So this would be a 15 description of all the other questions that would be 16 asked at booking, besides those we already discussed on 17 the medical form. Is that right? 18 MR. WASHINGTON: Correct. 19 MR. MCFARLAND: And so, there is -- I noticed 20 there is nothing about sexual orientation or sexual 21 preference. Is that right? 22 MR. WASHINGTON: That's correct. 104 1 MR. MCFARLAND: Under "Mental and Medical 2 History," there is nothing there that would solicit 3 information about having been sexually assaulted, is 4 that correct? 5 MS. PETERS: Right. 6 MR. WASHINGTON: That's correct. 7 MR. MCFARLAND: So, the closest we get to it is 8 the question, second to last, "Has the inmate ever been 9 convicted of any of the following crimes," and one of 10 them is "sex crimes." So that's as close as you 11 currently get to getting information about being a 12 victim. Is that right? 13 MR. WASHINGTON: Right. And this was in use in 14 2007? 15 MS. PETERS: No, Sir. 16 MR. WASHINGTON: No. No, Sir. 17 MR. MCFARLAND: Oh, it wasn't? Okay. 18 When -- I should have asked. When did this start? 19 MR. WASHINGTON: I would say -- 20 MR. MCFARLAND: Some time this year? 21 MR. WASHINGTON: Yes. 22 MS. PETERS: Oh, yes, Sir. 105 1 MR. WASHINGTON: Definitely this year. 2 MS. PETERS: Within the last couple of months. 3 MR. MCFARLAND: Last couple of months? 4 MR. WASHINGTON: Yes. 5 MR. MCFARLAND: Okay. So, how were folks 6 classified? What questions were asked, related to 7 sexual assault or sexual victimization of new admittees 8 for purposes of classification in 2007? 9 MR. WASHINGTON: None. 10 MR. MCFARLAND: Okay. Now, is it fair to say 11 that classification is not such a big deal for the jail, 12 because as I think Sergeant Peters was saying, you don't 13 have a whole lot of options as to where to put them? 14 MR. WASHINGTON: Exactly. 15 MS. PETERS: Right. 16 MR. WASHINGTON: Yes. 17 MR. MCFARLAND: So the only thing worse than 18 not asking questions is asking questions, getting 19 information, and not being able to do anything with it. 20 (No audible response.) 21 THE REPORTER: You need to speak up. 22 MR. MCFARLAND: She could not hear your answer. 106 1 MR. WASHINGTON: That's correct. 2 MS. PETERS: That's correct. 3 MR. MCFARLAND: Okay. Do either -- I think, 4 Sergeant Peters, during the break in the morning you 5 indicated that you had had some experience with a victim 6 of sexual assault. Is that right? 7 MS. PETERS: Yes, Sir. 8 MR. MCFARLAND: And where was that? 9 MS. PETERS: When I worked in investigations 10 for four years. 11 MR. MCFARLAND: Okay. Here at the sheriff's 12 office? 13 MS. PETERS: Yes, Sir. 14 MR. MCFARLAND: Okay. So from your -- based on 15 your experience -- oh, by the way, have either of you 16 had any formal training, either in the academy or any 17 in-service training about sexual assault, the symptoms, 18 the signs, the types of people that would be more likely 19 than not to be a victim or to be a predator? Any kind 20 of training like that? 21 MS. PETERS: Yes, Sir. 22 MR. MCFARLAND: You have? 107 1 MS. PETERS: Yes, Sir. 2 MR. MCFARLAND: As an investigator? 3 MS. PETERS: Yes, Sir. 4 MR. WASHINGTON: I have not. 5 MR. MCFARLAND: Okay. Well then, 6 just -- Sergeant Peters, if you could, tell me, based on 7 the training as an investigator, as well as your 8 experience here at the sheriff's office. What are the 9 characteristics that you believe are true of somebody 10 who is more at risk to be a sexual assault victim in 11 jail? 12 A profile of a potential victim or at-risk 13 person? Maybe start with their physical features, or -- 14 MS. PETERS: Young, small-featured male, 15 females, I would say, definitely. 16 MR. MCFARLAND: So gender is not -- one gender 17 is not more likely to be victimized than the other? 18 And I am not -- I don't want to put any 19 ideas -- you know, any words in your mouth. So if it 20 just hasn't been your experience or training -- 21 MS. PETERS: I don't think so. I mean, I don't 22 think so, no. 108 1 MR. MCFARLAND: Okay. What about mannerisms or 2 behavior? 3 MS. PETERS: Definitely, yes. I think. 4 MR. MCFARLAND: How so? 5 MS. PETERS: Maybe betraying themselves as a 6 willing participant while they're incarcerated. 7 MR. MCFARLAND: Okay, and what about sexual 8 orientation? Is that germane? Is that relevant to 9 somebody being more likely to be a victim? Would a 10 homosexual individual or someone who is perceived as 11 being homosexual be more likely to be victimized? 12 MS. PETERS: I would think so, sure. 13 MR. MCFARLAND: Is that based on your training 14 or experience, or -- 15 MS. PETERS: Training, I would say, and 16 experience. 17 MR. MCFARLAND: Okay. Any other 18 characteristics, based on your training and experience, 19 of a person who is a higher risk? You've mentioned age, 20 stature, sexual orientation, young. What about how 21 often they have been in jail? Is that germane or not? 22 MS. PETERS: It could probably be looked at as 109 1 a factor, I would think. 2 MR. MCFARLAND: Is a first-time visitor to the 3 jail more likely to be a victim than someone who is kind 4 of -- 5 MS. PETERS: I would think so, maybe, yes. 6 Possibly -- 7 MR. MCFARLAND: Because they're less 8 street-wise. 9 MS. PETERS: Right. 10 MR. MCFARLAND: They're scared spitless. 11 MS. PETERS: Definitely. 12 MR. MCFARLAND: And anything -- you know, 13 anything about their emotional stability or demeanor 14 or -- that -- 15 MS. PETERS: Well, I would think so, because 16 you see a lot of people, the young people, first time in 17 jail, so they are emotionally a wreck, or crying, or 18 they try to hang at the door, you know, where they know 19 an officer is going to come in, you know, they're very 20 insecure, you know. 21 MR. MCFARLAND: And how do you associate that 22 with them being more likely to be a victim? Has that 110 1 been your experience or your training? 2 MS. PETERS: Training, not so much experience. 3 But I mean I have seen people who are definitely 4 obviously afraid of being in there, and being in the 5 block, and you know -- 6 MR. MCFARLAND: And what happens to them? 7 MS. PETERS: Well, we take them out and talk to 8 them. Sometimes we have placed them in an isolation 9 cell at their request, so they can, as they say, get 10 themselves together, you know, and adjust somewhat, and 11 they're comfortable with it. 12 They are put back, and we observe them closely, 13 by being in the blocks with them, seeing what's going 14 on. 15 MR. MCFARLAND: But why does someone who is 16 visibly fearful become more likely to be at risk of 17 being a victim? 18 MS. PETERS: Not talking from experience of 19 this happening, but I would think maybe people who are 20 in there that -- they are going to show them what it's 21 all about to be in jail, or you know, if you watch 22 things on TV and seen, you know, what's happened, you 111 1 know, that type thing. 2 MR. MCFARLAND: Has it been your experience or 3 training that a predator is going to be more likely to 4 work on somebody who is new, scared -- 5 MS. PETERS: I think -- 6 MR. MCFARLAND: -- insecure, than -- 7 MS. PETERS: I think so. 8 MR. MCFARLAND: -- somebody who looks like they 9 know what's going on and they're self-confident? 10 MS. PETERS: I think so. But I think, too, by 11 us having repeat people come in, and if they are, you 12 know, observing something like this about to take place, 13 I really feel that they may just step in and say, "Hey, 14 you know, this isn't going to happen," you know, and 15 alert us, you know, or -- I really do. Because they're 16 not going to tolerate that. 17 MR. MCFARLAND: Is contraband a problem in your 18 facility? 19 MR. WASHINGTON: It has been, from time to 20 time. We pretty much stay -- try to stay on top of 21 that, as far as doing our cell searches, and things of 22 that nature. 112 1 I mean, they seem to be able to, you know, get 2 things in sometimes that we wonder how. That's why we 3 do frequent cell searches, and you know, searching the 4 inmates, and things of that nature, also. 5 MR. MCFARLAND: In 2007, was contraband a 6 bigger problem than it is now? 7 MR. WASHINGTON: I wouldn't think it would be 8 any bigger a problem, no. 9 MS. PETERS: I don't think so. 10 MR. MCFARLAND: Okay. And, finally, Sergeant 11 Peters, in your experience and training, what are the 12 characteristics of someone who is more likely to be a 13 sexual predator, a perpetrator of sexual assault? 14 Let's start with an inmate, and then we will 15 talk about a staff member. What kind of person -- what 16 are the characteristics of someone who would prey on 17 another inmate, sexually? 18 MS. PETERS: Again, I think age is the -- maybe 19 middle aged up, you know. 20 MR. MCFARLAND: Older than the victim. 21 MS. PETERS: Right, yes. 22 MR. MCFARLAND: Okay. 113 1 MS. PETERS: Definitely older than the victim. 2 MR. MCFARLAND: What else? 3 MR. WASHINGTON: It would be a bully type of 4 individual, someone -- 5 MS. PETERS: A controlling person. 6 MR. WASHINGTON: -- controlling, bully, that is 7 trying -- 8 MS. PETERS: You know, "You're going to do what 9 I say" type. 10 MR. MCFARLAND: How about their physical 11 features? 12 MS. PETERS: Bigger than the victim. 13 MR. MCFARLAND: What -- do you have any 14 experience with gangs at the jail? 15 MR. WASHINGTON: We have had gang members -- 16 MS. PETERS: Yes. 17 MR. WASHINGTON: -- locked up. 18 MS. PETERS: But we haven't had any problems. 19 MR. WASHINGTON: But we haven't had any 20 problems, per -- yes. 21 MR. MCFARLAND: Is gang affiliation a factor in 22 somebody being a victim or a predator? In other words, 114 1 if someone is a member of a gang, is he more or less 2 likely to be a victim? Or does it make any difference? 3 MS. PETERS: It may make a difference, if 4 somebody knows they are, you know, associated with a 5 gang. I think maybe that could make a difference. 6 MR. MCFARLAND: And how? If -- 7 MS. PETERS: They would be afraid, you know, 8 that they -- 9 MR. MCFARLAND: You might be less likely to 10 mess with -- 11 MS. PETERS: Right. 12 MR. MCFARLAND: -- with somebody who -- 13 MS. PETERS: That's my -- 14 MR. MCFARLAND: -- has folks on the outside 15 that could make your life difficult. 16 MS. PETERS: Right. 17 MR. WASHINGTON: Correct. 18 MR. MCFARLAND: Okay. Any other 19 characteristics of a predator, in your experience or 20 training, Sergeant Peters? 21 (No response.) 22 MR. MCFARLAND: What about -- are they a repeat 115 1 offender, or can they be a first-time -- 2 MS. PETERS: Well, they have to have a first 3 time at some point, but I would say repeat offenders. 4 MR. MCFARLAND: They have got some street 5 smarts -- 6 MS. PETERS: Yes, Sir, definitely. 7 MR. MCFARLAND: -- as far as the jail is 8 concerned. 9 And mental health, does someone's being 10 mentally disabled, developmentally disabled, retarded 11 -- if that's a correct term -- mentally ill, does that 12 play a role in being a victim or a predator? 13 MS. PETERS: I think both, both ways, it 14 definitely does. 15 MR. MCFARLAND: Okay. 16 MS. ELLIS: Do you have any racial problems in 17 your facility? 18 MS. PETERS: Nothing major. 19 MR. WASHINGTON: No, I don't believe so. 20 MS. PETERS: I mean, you may hear, "Oh, you're 21 doing this because I'm white," or, "I'm black," but I 22 mean, nothing major. 116 1 MR. WASHINGTON: No. 2 MS. ELLIS: When inmates come in, do you have 3 an orientation period, where somebody sits down and 4 tells them how they can be successful or not during 5 their stay in your facility, and kind of give them the 6 down and dirty of what it takes to get through their 7 time successfully? 8 MS. PETERS: Nobody ever really sits down with 9 them, unless they have a particular question about 10 something. A copy of the rules and regulations are 11 given, and they're asked if they have any problems 12 reading or understanding this, you know, that type of 13 thing. 14 MS. ELLIS: Are you familiar with the Impact of 15 Crime classes that jails often adopt in order to help 16 inmates to understand victimization and the victim 17 experience? 18 MR. WASHINGTON: I'm not familiar with that. 19 MS. PETERS: It sounds interesting. 20 MS. ELLIS: Well, it is. It is. 21 MR. WASHINGTON: Yes, sounds like a good 22 program. 117 1 MS. ELLIS: It's a phenomenal program -- 2 MS. PETERS: Yes. 3 MS. ELLIS: -- that does much -- 4 MS. PETERS: I would imagine so. 5 MS. ELLIS: -- to heighten awareness regarding 6 the plight of victims. 7 MS. PETERS: Right, and we always need that, 8 yes. 9 MS. ELLIS: I'm happy to share additional 10 information about it. 11 MS. PETERS: Yes, that would be great. Thank 12 you. 13 MR. MCFARLAND: I take it you don't have an 14 orientation video for new admittees. 15 MR. WASHINGTON: No. 16 MS. PETERS: No. 17 MR. WASHINGTON: No, we don't. 18 MS. ELLIS: What is your male/female population 19 among staff, your ratio? 20 MR. WASHINGTON: I'm not sure what the ratio 21 is. 22 MS. ELLIS: In terms of the numbers of -- 118 1 MR. WASHINGTON: We have more male deputies 2 than female, but I don't know what the exact ratio is. 3 MS. PETERS: Yes. 4 MS. ELLIS: But you don't know the real extent? 5 Thank you. 6 MS. PETERS: Yes, Ma'am. 7 MS. CHUNN: Sergeants, can you hear me? 8 MS. PETERS: Yes, Ma'am. 9 MS. CHUNN: Okay. Oh, I'm on now. Considering 10 the shortage of space that you have -- and I would 11 assume, also, perhaps not all the resources, in terms of 12 person power and some other things that you might 13 like -- how do you explain your success, particularly in 14 having kept detainees safe from sexual predatory 15 behavior? 16 MS. PETERS: Well -- sorry. 17 MS. CHUNN: Go ahead. 18 MS. PETERS: As I said before, I think the mere 19 officer presence. I mean, we're there. They don't 20 really have a lot of opportunity, and I think that's 21 very important, you know. And if there is a problem of 22 any nature, we're right there before it takes place. 119 1 So -- and the overcrowding. 2 MR. WASHINGTON: And being approachable. 3 MS. PETERS: Yes. 4 MR. WASHINGTON: Being approachable, I think, 5 is a big part of it. I mean, nobody wants some deputy 6 in there that thinks he is God, so to speak, that you 7 know, it's his way and there is no other way and if you 8 have a problem then you need to work it out on your own. 9 You know, I mean, it's -- being approachable, I 10 think, is the key, getting that, you know, that 11 confidence -- not confidence, but the trust factor from 12 the inmates. 13 MS. PETERS: And putting yourself in that 14 place, as I said before. You treat them the way that 15 you would want to be treated, and show that compassion 16 toward them. 17 MS. CHUNN: You've seen changes in leadership. 18 And I certainly -- I'm certain, throughout the ranks. 19 How has that affected how you interact with each other, 20 as staff persons, and also with the detainees? 21 MR. WASHINGTON: As far as changing leadership, 22 I mean, I think our role still remains the same in the 120 1 facility, you know. We are there for the -- for their 2 protection, as well as ours. So we do everything to 3 make sure that those two things are of the utmost 4 importance to everyone. 5 MS. CHUNN: How do you know what the sheriff 6 wants? 7 MR. WASHINGTON: Because the sheriff 8 is -- through meetings, through staff meetings and 9 things of that nature, the sheriff -- what he requires 10 out of us, just as he stated earlier, is the same things 11 we require out of ourselves. 12 MS. CHUNN: Thank you. 13 MR. MCFARLAND: Are grievances a rare 14 occurrence at your jail? 15 MR. WASHINGTON: Yes, I would say they're rare. 16 MR. MCFARLAND: Okay. Now, there is no rarity 17 of complaints by inmates, right? 18 MR. WASHINGTON: No, not at all. 19 MR. MCFARLAND: Yes. So how -- why are 20 grievances, written grievances, fairly rare? Is it hard 21 to get the form, or are they discouraged, or what? 22 MS. PETERS: They can get the form any time 121 1 they ask for one. They're just dissatisfied with the 2 answer they got on a request form. It's a complaint 3 about the food, or you know, something of that nature, 4 you know. 5 MR. MCFARLAND: Okay. So a grievance is 6 basically an appeal of an unsatisfactory answer on an 7 inmate request. 8 MS. PETERS: Exactly. 9 MR. WASHINGTON: Exactly. 10 MR. MCFARLAND: All right. And are those 11 grievances tracked in any way? In other words, are they 12 numbered? You know, if an inmate hands in a grievance, 13 is it given a number and tracked so that you know how it 14 was taken care of, and whether it just kind of dropped 15 through the cracks? 16 MS. PETERS: When we receive a grievance, they 17 are given to the first sergeant, who is First Sergeant 18 Jenkins. And from there -- 19 MR. MCFARLAND: We will ask him. 20 MS. PETERS: Okay. 21 MR. MCFARLAND: Okay, all right. And do you 22 have any way of -- well, do your staff have any way of 122 1 knowing who are potential predators, sexual assault 2 predators? 3 You mentioned that in the change in shifts you 4 would expect Sergeant Peters to tell you, Sergeant 5 Washington, "Well, we just got a new person in, and this 6 person is a rapist." 7 MR. WASHINGTON: Right. 8 MR. MCFARLAND: So, other than -- then what do 9 you do? 10 MR. WASHINGTON: I relay -- 11 MR. MCFARLAND: Do you communicate that to 12 your -- 13 MR. WASHINGTON: I relay -- communicate it to 14 my shift. 15 MR. MCFARLAND: Is it four other deputies? 16 MR. WASHINGTON: Right now it's four, yes. 17 MR. MCFARLAND: Would be under you? 18 MR. WASHINGTON: We have a fifth position 19 getting ready to be filled, a corporal position. 20 MR. MCFARLAND: Could you hear that? Okay. 21 So, what about information that was volunteered about, 22 you know, their sexual orientation, or you know, "I was 123 1 raped, you know, two years ago in a different facility?" 2 If any of that information was volunteered -- I 3 understand it's not asked, but if somebody volunteered 4 it, what is your understanding of what you do with that 5 information? 6 MR. WASHINGTON: With that information, it 7 would go on an incident report, with the -- whatever 8 information that that person gave us. We put it on an 9 incident report. 10 MR. MCFARLAND: Even if the incident didn't 11 occur in the jail? 12 MR. WASHINGTON: Exactly. 13 MR. MCFARLAND: Okay. 14 MR. WASHINGTON: It's information that we need 15 to know. It would go on that report, it would be turned 16 into the first sergeant and lieutenant. 17 MR. MCFARLAND: So, would the booking officer 18 fill out an incident report if, during the course of the 19 booking, the person said -- when they got asked that 20 second-to-last question on classification, well, you 21 know, any sexual offenses, the person said, "Well, 22 sexual offenses by me? No. On me? Yes." 124 1 MR. WASHINGTON: Right. 2 MR. MCFARLAND: So then the booking officer is 3 expected to fill out an incident report at that point? 4 Is that the idea? 5 MR. WASHINGTON: That is correct. 6 MR. MCFARLAND: Okay. And it would go to 7 Lieutenant -- 8 MR. WASHINGTON: First Sergeant -- 9 MR. MCFARLAND: First Sergeant Jenkins. 10 MR. WASHINGTON: Right. 11 MR. MCFARLAND: Okay. 12 MR. WASHINGTON: That's correct. 13 MR. MCFARLAND: Now -- and I will ask this of 14 him, but First Sergeant Jenkins isn't there seven days a 15 week, right? 16 MR. WASHINGTON: That's correct. 17 MS. PETERS: That's why I was going to say, 18 with me, I think I would follow up with that individual 19 privately, and speak to them in more detail about what 20 happened to them and let them tell me -- 21 MR. MCFARLAND: And has that ever happened? 22 Has anybody ever volunteered, to your knowledge, whether 125 1 to you or you heard about it from other staff, that 2 somebody said, "Oh, yes, I" -- you know, "Did you know 3 that I had a kid in here last week who said that he was 4 bisexual," or he was homosexual, or he had been raped as 5 a child, or something? 6 MR. WASHINGTON: Not to my knowledge. That 7 hasn't happened. 8 MR. MCFARLAND: I'm sorry? 9 MS. PETERS: I don't recall any. 10 MR. MCFARLAND: Well, we want to thank you 11 both, Sergeants, for your candor and honesty, and the 12 work you do. Thank you very much. 13 MR. WASHINGTON: Thank you. 14 MR. MCFARLAND: We are going to call Lieutenant 15 Brad Sullivan. 16 MR. SULLIVAN: How are you doing, Sir? 17 MR. MCFARLAND: How are you? 18 MR. SULLIVAN: Good. 19 MR. MCFARLAND: Raise your right hand, please. 20 MR. SULLIVAN: Yes, Sir. 21 // 22 // 126 1 Whereupon, 2 BRAD SULLIVAN 3 was called as a witness and, having been first 4 duly sworn, was examined and testified as follows: 5 EXAMINATION 6 MR. MCFARLAND: Your full name and title, 7 please? 8 MR. SULLIVAN: Brad Sullivan, lieutenant, CID 9 division. 10 MR. MCFARLAND: And CID stands for? 11 MR. SULLIVAN: Criminal investigation division. 12 MR. MCFARLAND: And how long have you been in 13 that position? 14 MR. SULLIVAN: I have been in that position 15 since March of 2004. 16 MR. MCFARLAND: When did you start doing any 17 criminal investigations for the jail? 18 MR. SULLIVAN: March or April of 2004. 19 MR. MCFARLAND: Okay. Now, in the answer to 20 our questions to the jail, they identified the -- Mr. 21 Bob Canosa as the "internal affairs or other officer 22 responsible for investigating allegations of sexual 127 1 abuse in the facility." 2 How did you divvy up the work? Did you do any 3 sexual assault investigations in the jail in 2007? 4 MR. SULLIVAN: No, Sir. 5 MR. MCFARLAND: Okay. 6 MR. SULLIVAN: No, Sir. 7 MR. MCFARLAND: That was Mr. Canosa? 8 MR. SULLIVAN: Mr. Canosa was an internal 9 affairs investigator. 10 MR. MCFARLAND: That's just for misconduct by 11 the officers? 12 MR. SULLIVAN: No, there was -- whatever the 13 sheriff delegated him at the time to do, that 14 investigation. We handle all criminal investigations 15 outside the department and within. 16 So, anything that would have come to us from 17 the sheriff that -- if he chose to give it to 18 investigations or Investigator Canosa, then that's who 19 delegated it at that time. 20 MR. MCFARLAND: I'm not sure -- do you 21 understand? 22 MS. CHUNN: I thought I did. 128 1 MR. MCFARLAND: So, let me -- and I'm sorry, 2 I'm a little slow here. 3 MR. SULLIVAN: Right. 4 MR. MCFARLAND: The -- in 2007, if there was an 5 allegation that an inmate had been sexually assaulted by 6 another inmate, who would it go to? 7 MR. SULLIVAN: Well, it would depend on who the 8 sheriff would assign it to at that time. 9 Now, if it came through -- if the jail handled 10 it, as far as their -- the allegation came to the jail, 11 and it was assigned to the CID division, then I would 12 take it and assign it to one of my investigators, or I 13 would look into it myself. 14 Or, if the sheriff decided at the time to give 15 it to an internal affair investigator to look into, then 16 it would be assigned to Bob Canosa. He didn't fall 17 under me at that time. 18 MR. MCFARLAND: I see. So now, do you know 19 what -- how the sheriff that then -- the predecessor to 20 Sheriff Branch -- would decide whether to send it to 21 internal affairs or to CID? 22 MR. SULLIVAN: That was different in every 129 1 situation, Sir. 2 MR. MCFARLAND: Okay. 3 MR. SULLIVAN: If you knew the sheriff previous 4 to Sheriff Branch. 5 MR. MCFARLAND: All right. From your 6 experience of the four years under his 7 predecessor -- three, you know, almost four 8 years -- could you discern how -- what criteria? 9 Because he is not here, and I -- 10 MR. SULLIVAN: Sure. If a case came up, Sir, 11 that was a -- if the jail investigated a case on 12 allegation, and it seemed to be a criminal aspect 13 involved, or a criminal incident, it would be assigned 14 to me, in criminal investigations. 15 I think that, you know, if it got past the 16 interviews with Bob Canosa, the interviews with the jail 17 staff, and it was felt like -- that it needed to come to 18 criminal investigations, it was passed to me, and then 19 we conducted a criminal investigation, just like we 20 would any sexual abuse. 21 MR. MCFARLAND: All right. So it sounds like 22 somebody is making a decision that there is some legal 130 1 standard that has been met, with respect to these facts. 2 MR. SULLIVAN: Right. 3 MR. MCFARLAND: And it's now looking like it 4 could be a crime. 5 MR. SULLIVAN: Then it would come to me. 6 MR. MCFARLAND: Then it would come to you. 7 MR. SULLIVAN: That's correct. 8 MR. MCFARLAND: All right. And in your five 9 years in CID, have you had occasion to investigate any 10 allegation of sexual assault at the jail? 11 MR. SULLIVAN: No, Sir. 12 MR. MCFARLAND: Have you ever had referred to 13 you a file that you decided was not chargeable, but 14 nevertheless it was investigated? Got past internal 15 affairs, in other words? 16 MR. SULLIVAN: Right. No, Sir. 17 MR. MCFARLAND: Okay. Have you heard any 18 rumors among CID that there was -- there were some 19 sexual crimes going on in the jail? 20 MR. SULLIVAN: No, Sir. 21 MR. MCFARLAND: That's good news. 22 MR. SULLIVAN: Yes, Sir. Knock on wood for the 131 1 next five years. 2 MR. MCFARLAND: Did you ever talk with Mr. 3 Canosa about his, you know, internal affairs 4 investigations of things that went on at the jail? 5 MR. SULLIVAN: No, Sir. 6 MR. MCFARLAND: Were you social friends? 7 MR. SULLIVAN: No, Sir. 8 MR. MCFARLAND: Okay. Did -- if -- do you know 9 the circumstances under which Mr. Canosa left the 10 office? 11 MR. SULLIVAN: No, Sir. I do not. 12 MR. MCFARLAND: You don't know if he was 13 eligible for rehire? 14 MR. SULLIVAN: I have no idea, Sir. 15 MR. MCFARLAND: Okay. And who is the person 16 who would know that? 17 MR. SULLIVAN: I guess that would be the upper 18 administration, Sheriff Branch or Major Lane. 19 MR. MCFARLAND: Okay. Have you ever seen any 20 evidence, whether it was in a formal referral from 21 internal affairs, or directly from an inmate? 22 Have you ever received a phone call from 132 1 parents or relatives of an inmate, from a lawyer 2 representing an inmate, any -- from any source, alleging 3 that either inmate-on-inmate or staff-on-inmate sexual 4 assault had occurred in the jail? 5 MR. SULLIVAN: No, Sir, I haven't. 6 MR. MCFARLAND: Great. Thank you, Lieutenant. 7 MR. SULLIVAN: Thank you, Sir. 8 MR. MCFARLAND: I wonder if we could have both 9 First Sergeant Jenkins and Major Lane come join us. 10 Would that be acceptable, Major? Is that all right? 11 MAJOR LANE: Yes, Sir. 12 Whereupon, 13 JOEY JENKINS 14 CHARLES RUSSELL LANE 15 were called as witnesses and, having been first 16 duly sworn, were examined and testified as follows: 17 EXAMINATION 18 MR. MCFARLAND: First Sergeant Jenkins, could 19 you give your full name and rank and how long you have 20 worked at the jail? 21 MR. JENKINS: Joey L. Jenkins, and 21 years, 22 first sergeant. 133 1 MR. MCFARLAND: And when you started 21 years 2 ago, you were a deputy? 3 MR. JENKINS: A deputy/medic. 4 MR. MCFARLAND: Oh, okay. 5 MR. JENKINS: I was actually doing both duties. 6 MR. MCFARLAND: Okay. And Major, thanks for 7 being spontaneous in -- 8 MR. LANE: Yes, Sir. 9 MR. MCFARLAND: -- because I know you weren't 10 listed. But your name has come up a couple of times, 11 so -- and your rank is such that I wanted to have the 12 benefit of your experience. Could you give your full 13 name and rank, and how long you have been at the jail? 14 MR. LANE: Charles Russell Lane. I have been 15 with the sheriff's office since 1996. I have never 16 worked in the jail. I have worked on the road and 17 worked investigations. 18 MR. MCFARLAND: Okay. So does Lieutenant 19 Sullivan report to you? 20 MR. LANE: Yes, Sir. 21 MR. MCFARLAND: Okay. So you were over CID. 22 And what -- other than that, what would be your link to 134 1 the jail? 2 MR. LANE: The -- Lieutenant Brooks reports 3 everything to me, and I report it to the sheriff. 4 MR. MCFARLAND: I see. Okay. So you are 5 the -- your direct report is Sheriff Branch? 6 MR. LANE: Yes, Sir. 7 MR. MCFARLAND: And that includes jail matters? 8 MR. LANE: Yes, Sir. 9 MR. MCFARLAND: And Lieutenant Brook joined the 10 jail -- 11 MR. LANE: December of 2007. 12 MR. MCFARLAND: Okay, after the inmate survey 13 was taken? 14 MR. LANE: Yes. 15 MR. MCFARLAND: Okay. And why was Lieutenant 16 Brook brought on? Was there -- I mean, he has made some 17 changes, it looks like. 18 MR. LANE: Right. Lieutenant Brooks was 19 brought on. He was hired at that time, and it was after 20 the election, and the former sheriff and the major at 21 that time -- Major Branch, at that time -- decided to 22 hire him, bring him on, we needed some more people. We 135 1 had a vacancy, and with his experience and everything, 2 we felt he would be a good fill in. 3 MR. MCFARLAND: Yes. Well, he appears to have 4 made quite an impact on the physical layout of the jail. 5 MR. LANE: Yes, Sir. I feel that we have come 6 a long way in a short time. 7 MR. MCFARLAND: Yes. And he is justifiably 8 proud of it. It is -- he is not hesitant to talk about 9 the -- 10 MR. LANE: He is not shy. 11 MR. MCFARLAND: I am going to try to cut to the 12 chase on the questions. Rather than going through a lot 13 of the same questions, let me ask if -- because both of 14 you have been here for the hearing thus far, is 15 there -- and I hope this is not an unfair question, but 16 have you heard anything that sticks in your craw that 17 you think isn't quite accurate, that you disagree with, 18 you would modify, amplify, correct thus far? 19 And I know that is a very loaded question. 20 Take some time to think about it. But is there anything 21 that either of the sergeants said that you don't 22 necessarily agree with, anything that the sheriff, if 136 1 you were bold enough to disagree with him, said that he 2 didn't quite get right? 3 MR. LANE: No, I would have to concur with the 4 sergeants and the sheriff, as far as no sexual assaults 5 in the jail in 2007. And I think it has a lot to do 6 with the overcrowding, but also the community that we 7 live in. I don't think our community puts up with a lot 8 of that, either, from what I can see, and the type of 9 calls that we have. 10 So, our officers, it's that standard, too. And 11 we know what the sheriff wants, like the sergeant said, 12 through our meetings, and the way he portrays himself. 13 You know, we're to treat people as we would like to be 14 treated. And I think that's just carried out through 15 the whole division. 16 MR. MCFARLAND: Would you agree with Sergeant 17 Brooks, that -- no, Peters, I'm sorry -- that there has 18 been a -- she has seen an increase in the number of 19 sexual offenders in the jail? 20 MR. LANE: That I couldn't answer. I'm not for 21 sure. I haven't really looked that close to tell you. 22 MR. MCFARLAND: Okay. Are you familiar with 137 1 the orientation of inmates processed at the jail? 2 MR. LANE: Very little. 3 MR. MCFARLAND: Okay. 4 MR. LANE: Very little. 5 MR. MCFARLAND: And what about the training of 6 staff? Do you have any familiarity with that? 7 MR. LANE: I know that every one of them go 8 through a certain thing that is required by DCJS, the 9 training and all that. 10 MR. MCFARLAND: What is DCJS? 11 MR. LANE: For the Department of Criminal 12 Justice. In other words, where they go through -- when 13 everybody is hired, you have up to a year where you have 14 to be qualified and certified through the state, and 15 every one of them gets that, plus any other training 16 that we can give them that we get. 17 I know just recently several of the officers in 18 the jail went and got gang training. So you know, they 19 get different training, other than what's just required. 20 MR. MCFARLAND: Do they get any training on 21 sexual assault? 22 MR. LANE: I couldn't answer that. I don't 138 1 know. 2 MR. MCFARLAND: Okay. First Sergeant Jenkins, 3 thank you for your time, spending with us on the tour 4 this morning, and all the -- your candid answers. We 5 appreciate it very much. 6 MR. JENKINS: Yes, Sir. 7 MR. MCFARLAND: Is there anything that you 8 would want to modify about any of the answers that you 9 have heard, thus far? 10 MR. JENKINS: No. I would echo what the major 11 said, and I would agree with what the sergeant said 12 earlier. I believe their statements were accurate, as 13 to how our jail operates. 14 MR. MCFARLAND: Have you ever heard from any 15 source, written or verbal, any allegation of sexual 16 assault, inmate-on-inmate or staff-on-inmate at the jail 17 in your 21 years there? 18 MR. JENKINS: Several years ago we had an 19 incident of inmate-on-inmate consensual that we 20 interrupted. And that's the only time I can think of 21 that we would even have any type of incident like that. 22 And that was four or five years ago. 139 1 MR. MCFARLAND: Okay. Were these males or 2 females? 3 MR. JENKINS: Males. 4 MR. MCFARLAND: Okay. And does it make a 5 difference if it's consensual? 6 MR. JENKINS: It -- at the time, because it was 7 just inappropriate touching, it was consensual. They 8 did do a report on it, and it was interrupted. I am 9 trying to guess what it could have been. But because it 10 was caught so quickly -- 11 MR. MCFARLAND: Right. 12 MR. JENKINS: -- that the inmates were 13 separated, they were kept separate from population from 14 that point on. 15 MR. MCFARLAND: Were they cellmates? 16 MR. JENKINS: Yes. 17 MR. MCFARLAND: Okay. This was before there 18 was double-bunking? 19 MR. JENKINS: Correct. 20 MR. MCFARLAND: But this -- there was -- there 21 were just that many more people lying on the floor, as 22 opposed to -- 140 1 MR. JENKINS: Correct. This is actually in an 2 isolation cell, actually in the medical cell. 3 MR. MCFARLAND: That medical cell that is just 4 off the medical exam room? 5 MR. JENKINS: Correct. 6 MR. MCFARLAND: And there were two of them in 7 there? 8 MR. JENKINS: Correct. 9 MR. MCFARLAND: And is that possible any 10 longer? Can you have two in that medical isolation cell 11 at the same -- 12 MR. JENKINS: Yes. 13 MR. MCFARLAND: Okay. And there is no camera 14 in there? 15 MR. JENKINS: Yes, there is. 16 MR. MCFARLAND: There is. 17 MR. JENKINS: And that's actually how it was 18 detected. 19 MR. MCFARLAND: Oh, okay. 20 MR. JENKINS: The control room notified the 21 staff downstairs that something looked like it was going 22 on inappropriate, and it was interrupted. 141 1 MR. MCFARLAND: Okay. Was there any discipline 2 enforced? 3 MR. JENKINS: I don't recall. That's been too 4 long ago. I'm not sure. 5 MR. MCFARLAND: If that happened today, what is 6 your understanding of the procedure and the response? 7 MR. JENKINS: It would be a minor rule 8 violation if it was determined that it was consensual. 9 MR. MCFARLAND: And that means that they lose a 10 couple weeks of commissary, but nothing more serious 11 than that? 12 MR. JENKINS: On lock-down, lose the loss of 13 phone, loss of visits, loss of recreation, loss of 14 commissary for up to 15 days. 15 MS. CHUNN: Sergeant Jenkins, do you have a 16 relationship with the mental health provider in this 17 community? And, if so, what is it? 18 MR. JENKINS: Yes. We have an agreement with 19 family guidance, or CSB, which is Community Services 20 Board. 21 Actually, we have a very good rapport with 22 them. We use their services frequently for inmates that 142 1 are having issues in the jail, mostly suicidal, or who 2 have having adjustment issues. 3 MS. CHUNN: So that is a contract relationship? 4 MR. JENKINS: Yes. 5 MS. CHUNN: And they -- for so many hours a 6 week, they come -- 7 MR. JENKINS: It's on-call. 8 MS. CHUNN: On call? 9 MR. JENKINS: Yes, Ma'am. 10 MR. MCFARLAND: What is -- what message have 11 you received from Sheriff Branch about his attitude 12 towards sexual assault in the jail? 13 MR. JENKINS: He would not tolerate that. 14 MR. MCFARLAND: Major, do you have that same 15 impression? 16 MR. LANE: Yes, Sir, I do. And it would also 17 be investigated either by First Sergeant or Lieutenant 18 Brooks. If it needs to be turned over to the internal 19 investigation or either the CID investigations, it would 20 be done that. 21 Also, they would either go to the Commonwealth 22 attorney to determine if charges need to be made, if it 143 1 is criminal. 2 MR. MCFARLAND: Now, I take it that it's a 3 major rule violation to -- for an inmate to have a 4 fight, or to assault another inmate, is that right? 5 MR. JENKINS: Correct. 6 MR. MCFARLAND: If that happened, what was the 7 procedure in 2007 for disciplining or processing that 8 assault? 9 MR. JENKINS: The officer that witnessed the 10 offense would fill out an incident report. That 11 incident report would go to their supervisor. 12 They would speak with the officer 13 reviewing -- and review the incident report. They would 14 go speak to the inmate, and determine whether there was 15 just cause to charge that inmate with a major rule 16 violation. They would then serve that major rule 17 violation on them, saying that they have been charged 18 with fighting, or whatever the case may be. 19 And then, the incident report, along with the 20 charges, would be forwarded to the chief jailer, and 21 they would convene -- or the chief jailer would convene 22 a disciplinary board to hear those charges. The 144 1 disciplinary board would hear the charges and determine 2 whether they were founded or not, and would -- if found 3 not guilty, would do that, or if found guilty, would 4 give them whatever the sentence they so decide. 5 MR. MCFARLAND: And what is the legal standard 6 that the chief jailer uses to find them guilty or not 7 guilty? 8 MR. JENKINS: It is a disciplinary board, and 9 it is based on the evidence. 10 MR. MCFARLAND: So is it beyond a reasonable 11 doubt? Is it preponderance of the evidence? Is it 12 convincing evidence, or is it the, you know, 51 percent, 13 or 99 percent, or do you know? 14 MR. JENKINS: I -- whether they believe the 15 event occurred the way that it was alleged. 16 MR. MCFARLAND: Okay. 17 MR. JENKINS: And there are times when, say, 18 two inmates are fighting and they may end up figuring 19 that only one inmate was actually doing the fighting, or 20 even being assaulted, and the other one was just trying 21 to get away or defend himself. 22 MR. MCFARLAND: Would there be an occasion for 145 1 consideration of criminal charges? 2 MR. JENKINS: Absolutely. And we do that in 3 conjunction. A lot of the major rule violations are 4 violations of law, also. 5 MR. MCFARLAND: Yes. 6 MR. JENKINS: So, therefore, it would be dually 7 charged, such as the phone in the medical room that was 8 destroyed a couple of days ago. They got charged in 9 jail, in house, for destroying that, and also had 10 criminal charges placed on them. 11 MR. MCFARLAND: So when -- who decides whether 12 something should be referred to CID for criminal 13 charges, in addition to the disciplinary hearing? 14 MR. JENKINS: That would be the chief jailer, 15 or -- 16 MR. MCFARLAND: And that's you? 17 MR. JENKINS: I am the assistant chief jailer, 18 yes, Sir. 19 MR. MCFARLAND: Lieutenant -- 20 MR. JENKINS: Brooks is the chief jailer. 21 MR. MCFARLAND: Brooks is the chief jailer. 22 Have you had a -- how often, in the last, say, three 146 1 years has a rule violation been referred to -- either by 2 Lieutenant Brooks or his predecessor -- to CID for 3 consideration of criminal charges? 4 And I am not just talking about sexual assault. 5 I am talking about any kind of rule violation. 6 MR. JENKINS: As far as violations -- as far as 7 charges go, straight charges, the individual deputies do 8 those charges, those deputies that witnessed the 9 offense. 10 MR. MCFARLAND: Yes. 11 MR. JENKINS: But it would go 12 through -- depending on what the occasion would be, but 13 it would go through myself or the lieutenant, to 14 determine what type of charges, or whether it meets that 15 criteria. And a lot of times we will take it before the 16 magistrate, and let the magistrate decide. 17 And, for instance, with a fight, and the 18 magistrate would decide whether there is enough evidence 19 there to charge assault -- 20 MR. MCFARLAND: And how often has that happened 21 in the last couple of years? That would be how often 22 has a rule violation in the jail been referred for 147 1 possible criminal prosecution? 2 MR. JENKINS: Three or four times a year, 3 between destruction of property, assaults on other 4 inmates, every -- 5 MR. MCFARLAND: Contraband? Any criminal 6 charges for smuggling? 7 MR. JENKINS: Yes, we actually -- I can recall 8 one. Someone smuggled in a marijuana cigarette. I can 9 recall that one, and that was a year-and-a-half, two 10 years ago. That's the only time I can recall in the 11 last few years. 12 MR. MCFARLAND: And when is the last time an 13 assault, a physical assault, was referred for criminal 14 prosecution? 15 MR. JENKINS: I don't recall a time frame. I'm 16 trying to think of when the last -- it's been a while. 17 It's been months. 18 MR. MCFARLAND: Would it be during Lieutenant 19 Brook's tenure in the last 11 months? 20 MR. JENKINS: (No response.) 21 MR. MCFARLAND: I mean, I can ask him, but -- 22 MR. JENKINS: I don't recall any in the last 11 148 1 months. 2 MR. MCFARLAND: So it's a pretty rare thing. 3 MR. JENKINS: It is. 4 MR. MCFARLAND: And so, suffice it to say you 5 would remember if there was an assault that was referred 6 up for criminal charge in the last couple, three years. 7 Is that fair to say? 8 MR. JENKINS: And it seems -- I seem to recall 9 that there has been, I just don't recall the specifics 10 of it. 11 There was -- I know at least one instance on B 12 side, where there was an inmate that was assaulted that 13 I know that we got -- actually, there was two or three 14 people involved with it that we got warrants for them. 15 That was several years ago. 16 MR. MCFARLAND: Two or three people -- 17 MR. JENKINS: Two or three -- 18 MR. MCFARLAND: -- involved in the altercation? 19 MR. JENKINS: Correct. 20 MR. MCFARLAND: Okay. Major, does that ring a 21 bell? 22 MR. LANE: No, Sir, not with me. 149 1 MR. MCFARLAND: Do you know of, in your recent 2 memory, any assault, any rule violation being referred 3 to CID for possible criminal charge, whether it's sexual 4 or just physical assault, or -- 5 MR. LANE: Not right offhand. I can't 6 remember. But I know I have heard them say that they 7 have to take an inmate to the window to talk to the 8 magistrate to see if they can obtain a warrant. As to 9 what nature, I don't know, whether it's assault or a 10 family problem that they've called in over the phone, or 11 whatever. 12 MR. MCFARLAND: First Sergeant Jenkins, how 13 many video cameras did you have in 2007 in the jail? 14 MR. JENKINS: The actual cameras is about the 15 same -- well, is the same amount that we have now. We 16 have not added any cameras. It's the same number of 17 cameras -- 18 MR. MCFARLAND: Yes, I'm confused, because I 19 thought we heard earlier that there were eight or nine 20 VCR cameras in 2007, black and white, and you would 21 rotate the VCR tapes -- 22 MR. JENKINS: Terminology here. The cameras 150 1 are on location in each of the cell blocks and so forth. 2 MR. MCFARLAND: Yes. 3 MR. JENKINS: The monitors in the control room 4 is what you're referring to. 5 MR. MCFARLAND: Oh, okay, okay. 6 MR. JENKINS: Just different terminology here. 7 MR. MCFARLAND: So there are not -- there 8 are -- in 2007 and today there are the same number of 9 mounted, boxed cameras, and there are eight or nine of 10 them. Is that right? 11 MR. JENKINS: No. The cameras are still in the 12 same locations that they were before, and there is 13 approximately 30 of those. In the control room, the 14 monitors that monitor all of those cameras, there was 15 -- I think nine was the correct answer on that. 16 MR. MCFARLAND: Oh, I see. So, in 2007 -- I'm 17 sorry -- there were 30 cameras? 18 MR. JENKINS: Yes, Sir. 19 MR. MCFARLAND: But there were just nine 20 screens to monitor them? 21 MR. JENKINS: Correct. 22 MR. MCFARLAND: Okay. And since then, you have 151 1 got the DVD or the digital program, where you can put a 2 bunch of screens on one -- 3 MR. JENKINS: We can monitor them all at the 4 same time now. 5 MR. MCFARLAND: Oh, okay. 6 MR. JENKINS: Before, the monitor would rotate, 7 and that didn't work very well, because the ones that 8 you needed to see, you would have to wait until it goes 9 all the way around. 10 So, we ended up having certain cameras that 11 were fixed, like the day room cameras were fixed. The 12 booking area was fixed. The elevator area was fixed, 13 and the outside camera was fixed cameras, and then we 14 had a choice on the other cameras, of manipulating what 15 we wanted to look at. 16 MR. MCFARLAND: Do any of your cameras -- did 17 any of your cameras in 2007 have the capacity to zoom? 18 MR. JENKINS: No. 19 MR. MCFARLAND: Tilt or pivot? 20 MR. JENKINS: No. 21 MR. MCFARLAND: They're all stationary? 22 MR. JENKINS: Correct. 152 1 MR. MCFARLAND: And I understand you're about 2 to get some pivoting ones next week. 3 MR. JENKINS: Correct. Monday. 4 MR. MCFARLAND: The intercom systems are a 5 little spotty, in terms of whether they pick 6 up -- whether they work? Correct? 7 MR. JENKINS: Correct. We have fixed the 8 intercom system several times, and we're looking at just 9 replacing the entire system. The entire system is 10 20-plus years old now, and it's getting to the point 11 where parts are non-existent, to replace them. When we 12 send it back within a month or two, it's broken again. 13 So we're just going to replace the entire system. 14 MR. MCFARLAND: Do you have any plans for 15 recommending, as the assistant chief jailer, posters and 16 other educational means of educating inmates about 17 sexual assault? 18 MR. JENKINS: Yes. I guess I will need to find 19 a source for those, so that we can make arrangements for 20 that. 21 MR. MCFARLAND: National Institute of 22 Corrections would be a good place to start, if I may 153 1 suggest that. 2 Would you consider running a video that NIC has 3 on prison rape, and how to prevent it, avoid it, report 4 it, running that on the TV network within the jail? 5 MR. JENKINS: Yes. 6 MR. MCFARLAND: Would you make a recommendation 7 to Lieutenant Brooks that the jail adopt a formal PREA 8 policy, PREA compliance policy? 9 MR. JENKINS: Yes, Sir. 10 MR. MCFARLAND: And how about designating a 11 PREA coordinator who has -- whose job description 12 includes compliance, is going to be graded, so to speak, 13 on the jail's compliance with PREA? 14 MR. JENKINS: And I guess my question would be 15 are there requirements for that yet, or is this -- 16 MR. MCFARLAND: Not yet. 17 MR. JENKINS: -- a recommendation? 18 MR. MCFARLAND: Not yet. 19 MR. JENKINS: That is kind of what this meeting 20 is about, is -- are there going to be requirements 21 coming -- 22 MR. MCFARLAND: There will be. The National 154 1 Prison Rape Elimination Commission will submit standards 2 next spring to the new attorney general. That attorney 3 general will have a year to adopt national standards. 4 And after those standards are adopted, then federal 5 funds will depend upon compliance with those standards. 6 MR. JENKINS: That's what I had understood 7 before. 8 MR. MCFARLAND: Yes. 9 MR. JENKINS: I didn't know what had -- 10 MR. MCFARLAND: So, do you think it would be a 11 good idea for the jail to have a PREA coordinator? 12 MR. JENKINS: Yes. 13 MR. MCFARLAND: Okay. And what are the minimum 14 hiring standards for your correctional officers? 15 Twenty-one years of age, high school diploma? 16 MR. JENKINS: Or GED. 17 MR. MCFARLAND: Or GED. Anything else? 18 MR. JENKINS: The major would be able to speak 19 to that better than I could. 20 MR. LANE: No record, no felonies. 21 MR. MCFARLAND: No criminal record? 22 MR. LANE: Right. 155 1 MR. MCFARLAND: Or no -- 2 MR. LANE: Have to have a Virginia driver's 3 license. 4 MR. MCFARLAND: Any -- can they work in the 5 jail before they have completed the 8- or 12-week 6 academy? 7 MR. LANE: Yes. 8 MR. MCFARLAND: How long do they have before 9 they have to get through the academy? 10 MR. LANE: They have up to a year. 11 MR. JENKINS: Correct. 12 MR. MCFARLAND: Okay. And let me just clarify 13 a couple of things on the -- your answers you were kind 14 enough to provide the Panel to our document data 15 requests. 16 I didn't find any document -- by the way, I 17 should back up. First Sergeant Jenkins, were you the 18 person primarily working on the answers to the -- 19 MR. JENKINS: No, I was not. 20 MR. MCFARLAND: Okay. Who was? 21 MR. JENKINS: Lieutenant Brooks. 22 MR. MCFARLAND: Oh, right. 156 1 MR. JENKINS: I worked on it some, but I was 2 not here -- 3 MR. MCFARLAND: Okay. 4 MR. JENKINS: -- for the final draft. 5 MR. MCFARLAND: Well then, Lieutenant Brooks, 6 would you mind replacing the major, here? I know the 7 major is very sad to leave. 8 MR. BROOKS: Tall order. 9 Whereupon, 10 DONALD BROOKS 11 was called as a witness and, having been first 12 duly sworn, was examined and testified as follows: 13 EXAMINATION 14 MR. MCFARLAND: Lieutenant Brooks, your name 15 and rank, and -- 16 MR. BROOKS: Donald Brooks, lieutenant with the 17 Culpeper Sheriff's office, assigned to adult detention 18 and court security. 19 MR. MCFARLAND: And when -- how long have you 20 had that position? 21 MR. BROOKS: It will be a year, December 1st. 22 MR. MCFARLAND: Congratulations on the 157 1 improvements that you have overseen at the jail. 2 MR. BROOKS: Thank you, Sir. 3 MR. MCFARLAND: Just either -- whichever of 4 you -- whomever of you knows the answer, I just want to 5 clear up a few questions. 6 In answer to the question how many 7 investigations -- looking at 24, 25, 26 investigations 8 of sexual abuse at the jail in 2007, the answers are 9 none, none, and none, no sexual assault investigations, 10 no investigations of staff-on-inmate, no investigations 11 of inmate-on-inmate. Is that correct? 12 MR. BROOKS: Right, correct. 13 MR. MCFARLAND: Okay. The -- we asked how many 14 inmate request forms alleged sexual assault, and the 15 answer was none. Is that correct? 16 MR. BROOKS: That's correct. 17 MR. MCFARLAND: Would you have -- do you see 18 all inmate request forms that don't get satisfied by a 19 deputy at the deputy level? 20 MR. BROOKS: I do. 21 MR. MCFARLAND: Okay. 22 MR. BROOKS: And they come to me first. 158 1 MR. MCFARLAND: So if they can't satisfy it 2 with a blanket, or something, whatever it is, it's going 3 to wind up on your desk? 4 MR. JENKINS: The request form will, or if not, 5 the grievance form will. 6 MR. MCFARLAND: All right, okay. 7 MR. BROOKS: And most of the ones he sees that 8 they don't satisfy even after he answers them, he shows 9 them to me so that if one or the other is not in place, 10 we know what the other was doing to accommodate the 11 request. 12 MR. MCFARLAND: And it is -- are we reading the 13 answers correctly, that there were no inmate request 14 forms of alleged sexual assault in 2007? Is that right? 15 MR. BROOKS: That's -- yes, Sir. 16 MR. MCFARLAND: And there were no grievances in 17 2007 that alleged sexual assault. Is that correct? 18 MR. BROOKS: That's correct. 19 MR. MCFARLAND: And there were no criminal 20 charges alleging sexual assault in the jail brought 21 in -- or considered in 2007. Is that correct? 22 MR. BROOKS: That's correct. 159 1 MR. JENKINS: Yes, Sir. 2 MR. MCFARLAND: Lieutenant Brooks, have you had 3 an opportunity to form an opinion as to whether you 4 ought to recommend to the sheriff that a whole lot more 5 be done in the area of training of staff and sexual 6 assault? Do you have an opinion about that? 7 MR. BROOKS: I have formed a preliminary 8 opinion. After looking at the PREA requirements and the 9 different things and the statutes and the criteria for 10 PREA, certainly there is more we can do, we would like 11 to do. 12 We cannot, in this facility, adopt everything 13 that I saw on the Web site and all the information that 14 I had. And I looked at the CD, and I looked at the 15 literature manual that you have. There is -- I would 16 recommend to the sheriff to go start doing that. That 17 would just be a good sound bite. That would not be 18 something, in practicality, that we could do. But yes, 19 I would recommend to the sheriff that we need to do some 20 more things. 21 Probably -- I heard you suggest 22 posters -- probably outside of posters, we're coming up 160 1 with the inmate brochure for both the home and the 2 family, and in-house, and we would include PREA 3 information in that. In our handbook, we would probably 4 put the PREA information attached to that. 5 The posters don't work well in a facility such 6 as ours. We would forever be putting them up, or we 7 would have to have them so high, until they would be 8 virtually impossible to keep clean. 9 I also feel, just from -- based on my training 10 and experience, that a person who has something that is 11 close to them, intimate to them, they will absorb it 12 more and take more stock into it than to look up and 13 read something, or try to read something in passing in a 14 booking area, or something of that nature. 15 So, yes, we will adopt the things that we feel 16 we can do, and we will look forward to complying to the 17 standards, or asking for waivers for the standards we 18 can't make compliance to. 19 MR. MCFARLAND: Are you satisfied with the 20 number of correctional officers that you have, the ratio 21 to offenders? 22 MR. BROOKS: You want a yes or no answer, but I 161 1 don't like your question, so let me answer it this way. 2 We always look to achieve a higher measure on 3 that bar that is set before us. And more staff would 4 allow us to have PREA coordinators, sexual assault 5 investigators, things that would make us a more 6 efficient, effective jail. So, yes, we need more staff. 7 But you could give me 50 more people, and I 8 really couldn't get much more work done. My facility 9 does lend itself to a lot of more staff. You were 10 talking about private areas and private rooms. We just 11 don't have those private areas and private rooms to 12 really work out of. 13 But, yes, we could stand more staff to 14 accommodate what is going on, and to facilitate what is 15 going on. But we certainly would -- and we have been 16 -- pushing for more training. We are training as much 17 as we possibly and physically and financially are able 18 to. 19 MR. MCFARLAND: Would you consider showing some 20 video about -- to inmates about how to avoid and report 21 sexual assault? 22 MR. BROOKS: Consider it, yes. I would have to 162 1 view the video, see how long it took, and what was 2 actually on the video. But yes, we would certainly 3 consider that. 4 MR. MCFARLAND: And -- 5 MR. BROOKS: We're not opposed to it. But I 6 don't like to give raw commitments when I don't know 7 what I'm saying yes to. 8 MS. ELLIS: I understand that. Lieutenant, I 9 think a successful approach to PREA is a mind set, based 10 on training, education, exposure, a great deal of 11 sensitivity. 12 My question is do you believe that your staff 13 has a real understanding of sexual assault, what it is, 14 how it impacts the victim, what it takes in order to 15 provide care and support for victims? 16 MR. BROOKS: I believe that the majority of the 17 staff understands that any criminal act is devastating 18 to the person who is receiving it, whether it's in the 19 street or in confinement. 20 I do feel that PREA is a new added module to 21 their training at this level. The basic training that 22 they are given at the Rappahannock Regional Criminal 163 1 Justice Academy has included PREA in it. They are 2 receiving the basic from that academy when they go 3 through that 12-week process. This will certainly make 4 us more aware of it. 5 We are, in some ways, proud that you are here 6 today, proud that we were able to make it through the 7 market of all the jails out there somewhere, and we were 8 able to weave our way right to where we are. So we 9 stand tall and proud that Sheriff Branch has set out a 10 mission statement that has compassion and fairness on 11 it. 12 And if you look at the word "compassion," you 13 will find out that sexual assault should be ingrained in 14 that word somewhere. You can't be compassionate and not 15 care about a sexual assault victim. So they ride in the 16 same care. 17 The -- so, yes, I do feel that we can do that. 18 I do feel it is a mind set. Some folks will have to 19 change their mind set. But as I told you in the jail, 20 the sheriff says we have raised the bar, and he wants 21 everybody jumping for that height on the bar, and 22 everybody is. And I can tell you that the staff does a 164 1 very, very excellent job for the facility, the work 2 load, and what have you, and they are sensitive. 3 I found that this jail was running very well 4 when I got here. And I used this theory with them, the 5 good/better approach. I came here and found them good. 6 My job is to make them better, so they can achieve to be 7 the best. 8 MS. ELLIS: Thank you. 9 MR. MCFARLAND: Where are the blind spots in 10 that facility? 11 MR. BROOKS: We have blind spots in the 12 kitchen, the area where we shower at, some blind spots 13 in hallways. To virtually get rid of all the blind 14 spots, you would have to create a circle and have a 15 revolving camera, and that would eliminate all your 16 blind spots. 17 Jails are not built on circles, and we don't 18 have those revolving cameras. But we know where they 19 are. And they are limited access to both inmate and 20 staff, and limited use by both inmates and staff. 21 MR. MCFARLAND: Where are you going to put the 22 new cameras that are coming in? 165 1 MR. BROOKS: Some in the kitchen, some in the 2 booking area, some at the entranceway. We have some 3 blind spots on the outside of the building that we want 4 to cover. 5 And then, wherever needed. The system we had 6 in the old -- upgrading to, the upgrade allows us to add 7 on cameras as needed with little to no cost. I think we 8 bought 50 hubs, if you will, where you can plug in 50 9 cameras. We're only asking for 36 or 37, so we have 10 room for expansion. 11 MR. MCFARLAND: If you had five more, where 12 would you put them? 13 MR. BROOKS: Well, I actually wouldn't move the 14 camera placements anywhere. I would put better 15 cameras -- the omniplex, they say -- where the camera 16 rotates around and you can see below, behind it, beside 17 it, and you can move the camera -- 18 MR. MCFARLAND: And -- 19 MR. BROOKS: -- such as the one that's on the 20 wall, there. 21 MR. MCFARLAND: And zoom? 22 MR. BROOKS: And zoom in. As you see there, 166 1 you can zoom in, zoom out, focus in. Some of them even 2 have the speakers on them, so they're audio, so that we 3 can both get sound and visual. 4 MR. MCFARLAND: Would you want -- 5 MR. BROOKS: Real time. 6 MR. MCFARLAND: Would you want to consider a 7 camera in the landing outside the recreation door? 8 MR. BROOKS: Oh, absolutely. We would consider 9 cameras in all the spots that we don't have them. The 10 system we have current now just doesn't allow us to add 11 on to. So we're looking at making it better. 12 We have to make an assessment, though, to be 13 honest with you. Once we get the new cameras and see 14 what we can't see from the current placements, and then 15 we move out from that assessment to what we need to 16 enhance -- it's kind of hard to say, "I want a camera 17 here, here, and here." You may just have cameras 18 watching cameras. 19 So, you basically have to put them in, see what 20 they're going to function -- their functionality, to 21 determine their worth and value. 22 MR. MCFARLAND: First Sergeant Jenkins, I 167 1 think -- I'm trying to remember the various questions 2 that I asked the sergeants, and they said to stay tuned 3 for you. 4 So, I think I remember one of them was related 5 to, in 2007, the VCRs and how long the tapes would last, 6 and how long you would archive those black-and-whites. 7 Can you tell me the answer to that question? 8 MR. JENKINS: I was sitting there, thinking 9 about that, when you said that. The VCR had, I believe, 10 three settings. It was a 6-hour setting, a 12-hour 11 setting, and a 24-hour setting. 12 The six-hour was basically you could take it 13 and plug it into any VCR. And it would play in any VCR. 14 If you did it on the 12-hour or the 24-hour, then you 15 could only play it on that VCR or one just like it. 16 And, in 2007, we had an incident where an 17 inmate spit on a deputy. And we were able to convert 18 that to a six-hour tape. In other words, to make a long 19 story short, to begin with, I think we were recording 20 with a 24-hour pace, but then we switched to a 6-hour, 21 or even a 12-hour. But -- 22 MR. MCFARLAND: And how long would you -- 168 1 MR. JENKINS: -- I don't recall exactly when. 2 But that was in 2007, that we did that conversion. So, 3 when we did that, our tapes went from being -- I guess I 4 thought it was seven days, but I heard five -- five 5 days' worth down to, what, three days' worth, two days' 6 worth, when you switch it to six hours. 7 MR. MCFARLAND: So, at that time, unless 8 somebody brought forth an allegation of an assault or 9 a -- sexual assault or some other crime, within a day or 10 two or three of its alleged occurrence, there is no way 11 you're going to, at that time, have had any photographic 12 evidence. 13 MR. JENKINS: Not only would it have to be 14 within that time frame, it would have to have been -- 15 MR. MCFARLAND: Was that a yes? Was that a 16 yes? 17 MR. JENKINS: Yes. And also, on top of that, 18 we would -- because we were only recording the one 19 monitor and one camera, it had to be that specific 20 camera that we were recording. So, depending on where 21 it was, basically we would have to be lucky if we were 22 going to catch that. 169 1 MR. MCFARLAND: So the benefit of your current 2 system is that you have those archived for much, much 3 longer. 4 MR. JENKINS: Right. And all of the cameras 5 are being recorded. 6 MR. MCFARLAND: And that protects your staff. 7 MR. JENKINS: Yes, Sir. 8 MR. MCFARLAND: Because a lot of false 9 allegations are very easily proven when you can show 10 that Lieutenant Brooks was nowhere near that cell door, 11 or Deputy So-and-So is not escorting So-and-So up to 12 recreation at that time. 13 MR. JENKINS: Correct. We could track them 14 throughout the facility. And it has a time stamp on it. 15 So that would be correct. 16 MR. MCFARLAND: We have seen that many times in 17 other facilities really be the difference between, you 18 know, an allegation that could chew up lots of lawyers' 19 time and lots of paper and dollars, and just -- 20 MR. JENKINS: We are looking forward to the new 21 system that they're putting in on Monday. It's been a 22 long time coming. 170 1 MR. MCFARLAND: Do you have any gay or lesbian 2 staff? I am not asking for names, but to your 3 knowledge -- 4 MR. LANE: No, we kind of got a -- the federal 5 government approach. We don't ask, and they don't tell. 6 MR. MCFARLAND: And last year you had two 7 attempted suicides, is that correct? 8 (No response.) 9 MR. MCFARLAND: The answer to question 11. 10 MR. LANE: That sounds right, yes. 11 MR. MCFARLAND: Were they the same inmate, or 12 two? The same inmate tried twice, or was it two 13 different -- 14 MR. LANE: I am sure it was two different 15 inmates. I can't remember the specifics, because I am 16 going off of data, not off of knowledge. But I am sure 17 it was two different inmates. 18 MR. MCFARLAND: Now, you have volunteers that 19 come in, right? 20 MR. LANE: Yes. 21 MR. MCFARLAND: How many? 22 MR. LANE: Numbers, I don't know. There are 171 1 two religious groups to come in. There is one single 2 preacher that comes in. We have, I would say, 10 or 3 less. 4 MR. MCFARLAND: Do they need any training? 5 MR. LANE: We have a volunteer's agreement that 6 they sign onto, and they get an orientation of what is 7 expected and what's not. 8 The ones that we have current have been there 9 for a considerable amount of time. When I got there 10 they were performing at a level of care with inmates and 11 staff that was appropriate, and it is still continuing, 12 so we didn't change it. 13 MR. MCFARLAND: Do they -- do volunteers get 14 any training on sexual assault or inappropriate 15 touching, how to avoid getting into compromising 16 positions or situations, false allegations? 17 MR. LANE: Not directed towards sexual assault, 18 but they get an orientation of what to do and what not 19 to do, where to be, where not to be, you know, that type 20 of thing. 21 MR. MCFARLAND: Does it include physical 22 touching? 172 1 MR. LANE: No, it is not that in-depth, no Sir. 2 MR. MCFARLAND: Is this a video? Is this a 3 two-page brochure? I mean, what is the extent of the 4 training -- 5 MR. LANE: It's an agreement and a conversation 6 with, primarily, the first sergeant, of what's expected. 7 If they ask us -- they're going to do something 8 for us, such as they're going to come in and provide a 9 religious service, well, okay. And who is coming, and 10 what's going to happen, and "This is what we expect, and 11 this is what they expect, and this is when you can come, 12 and this is when you can't come," and you know, that 13 type of area. 14 MR. MCFARLAND: First Sergeant Jenkins, if you 15 do that orientation with volunteers, what do 16 you -- what, if anything, do you tell them about 17 detecting or avoiding sexual assault, inappropriate 18 misconduct? 19 MR. JENKINS: I do not usually discuss that 20 with them. I just have a general conversation with how 21 inmates act, what type of behavior they can expect, how 22 to communicate with our staff, as to what's going on, 173 1 how they are monitored, how they can contact one of us, 2 depending on what they are doing, if they are providing 3 religious services or whatever, how they have contact 4 with us and, in case of emergency, what they should do, 5 those type of conversations. 6 MR. MCFARLAND: Okay. Now, have you had, in 7 your 21 years, any experience with sexual assault in the 8 jail, any allegation in 21 years? 9 MR. JENKINS: Allegations, yes, as far as 10 inmates sending down a request form, that type of issue, 11 yes. 12 MR. MCFARLAND: Okay. And when was the last 13 time that happened? 14 MR. JENKINS: Many years ago. 15 MR. MCFARLAND: Okay. 16 MR. JENKINS: Well, no. There was another 17 incident just recently that we had, that Sergeant 18 Washington -- 19 MR. MCFARLAND: Sergeant Washington -- 20 MR. JENKINS: But prior to that, it had been 21 several years ago. 22 MR. MCFARLAND: Several years, or many years 174 1 ago? 2 MR. JENKINS: Many years. I'm sorry. I don't 3 mean to be ambiguous here. 4 MS. CHUNN: Thinking about having him define 5 the -- 6 MR. MCFARLAND: She's giving me a dirty look. 7 (Laughter.) 8 MS. CHUNN: Well, let me follow up, First 9 Sergeant Jenkins, with that. Can you see, with the 10 changing character of the county, people coming in and 11 out, moving to this area who may want to volunteer, that 12 there might be any advisability in terms of adding 13 something about the PREA elements when you are training 14 volunteers? 15 When you are having this conversation with 16 volunteers, can you see that there might be some wisdom 17 in moving along that line? 18 MR. JENKINS: Yes, particularly after the 19 hearings today, I believe that would be a good idea. 20 MS. CHUNN: Lieutenant Brooks, I am very taken 21 with the number of respondents that you had to the 22 survey in 2007: 69 percent of the folks responded, and 175 1 no allegations of sexual abuse. 2 I have watched you now on the tour, as a staff, 3 working together, the closeness, in terms of proximity, 4 in terms of sharing information. I understand that 5 dynamic. 6 I am wondering now what are you doing, what are 7 you and your staffers doing with the detainees who are 8 constantly coming and going, that helps them to feel 9 comfortable and safe, especially in terms of not being 10 victims of sexual assault? 11 I am not seeing -- I feel like it's there, but 12 I have not heard anybody speak to it. And I didn't see 13 posters, and I didn't see that kind of thing. So what 14 is it that you are doing? Because I think that's going 15 to be important for us to have on the record. 16 MR. BROOKS: I think it is very obvious that 17 our sheriff sets the atmosphere for our office. And 18 Sheriff Branch has a well-mannered, calm, collected, 19 always reserved, meaningful, purposeful walk. And you 20 might think that's just saying things because he's back 21 there, but it's not. 22 Every CEO every agency had sets the perspective 176 1 for how he or she wants something run. And he doesn't 2 have the bully approach. He doesn't have the atmosphere 3 of aggression. He has a steady beat. He walks our 4 mission statement. He conveys our mission statement. 5 We have a, typically, a Monday morning meeting. 6 He talks to all the division heads. We convey that down 7 the level. We try to carry ourselves in a fashion that 8 we respect everybody, no matter what condition we find 9 them in. 10 Personally, as it relates to the jail staff, I 11 tell them that, "Everybody in there is somebody's son or 12 daughter. And let's treat them as if they were our son 13 or daughter. We are not here to mitigate punishment, we 14 are here to keep them safely." 15 And even sometimes I know staff gets a little 16 frustrated, because I don't get as worked up as I 17 should, and it's a reserve that comes down amongst us, 18 to tell us that we must be fair and compassionate. 19 Those are the two key things. Integrity keeps us in 20 line, but that fairness and compassion in our mission 21 statement speaks volumes. 22 You saw our booking area. Nobody is ripping 177 1 and running and screaming at anybody. Nobody is 2 hollering at inmates. We don't conduct ourselves that 3 way. That is not needed, we feel, in our workplace. 4 So, the inmates feel we care. We show them. 5 We probably feed a little more than the average jail 6 here, we probably give them a little extra this or a 7 little extra that. But we're always ready to listen. 8 We understand the conditions which we're in. 9 You make a valid point: 90 to 5 ratio. Who is going to 10 win that battle? They will for a while, and then we 11 will get it back, but we don't want to go there. We 12 want to conduct ourselves. 13 So, I think what you're looking for is that we 14 have the most professional staff that conduct themselves 15 as professionals. All the deputies understand the 16 mandate of running that institution, that jail, that 17 detention center, whatever you choose to call it, and we 18 carry it out in a professional manner. And I think that 19 divvies itself far better than a piece of paper where 20 somebody reads, "We're going to be good to you." Words 21 on a paper don't mean much. They're not the actions in 22 your walk. 178 1 So, we try to act out what we actually want 2 them to feel. We take things only to the level 3 necessary to overcome the adversary act. I think that's 4 how we get there. 5 The other thing is Culpeper is growing, but 6 it's still a smaller community. Everybody knows 7 somebody. So we can kind of talk it back the other way. 8 So I think that helps us a lot. The staff comes to work 9 to help and aid. Most of the folks we have in the jail 10 working want to be in the jail, working. That's a help. 11 They want the job they have, so they do a good job at 12 the job they have. That helps us. 13 MS. ELLIS: Sergeant Jenkins? 14 MR. JENKINS: Yes? 15 MS. ELLIS: You have been here for 21 years. 16 MR. JENKINS: Yes, Ma'am. 17 MS. ELLIS: What is the reputation of your 18 facility in the community? What do people say about 19 this place? Do they quake and shake at the thought of 20 coming in? 21 MR. JENKINS: I believe the jail and the 22 sheriff's office has a good reputation. Barring 179 1 election years, we do a very good job. 2 (Laughter.) 3 MR. LANE: Staying focused. 4 MR. JENKINS: And, you know, those type of 5 things, you need to keep that in mind. It is a 6 political office, and -- 7 MS. ELLIS: We're aware of that in Virginia, 8 yes. You're located right in the middle of the city, so 9 to speak. Is there kind of a community support for you 10 here? You've mentioned families and generations to come 11 through. Is it that kind of atmosphere, with a lot of 12 support from the community? 13 MR. JENKINS: We do. And actually, that has 14 -- I have seen an increase in -- such as volunteers. 15 We have had a dramatic increase in volunteers, just in 16 the last year or so. A lot of them are faith-based. 17 They want to come into the facility and provide 18 services. 19 We have been involved with a prisoner re-entry 20 program, which has been pretty popular around the state, 21 and Culpeper was lucky to be involved with the pilot 22 program. The jail was invited to go along with that. 180 1 That also, I think, helped our reputation in 2 the community, that we're trying to help, not only while 3 they're in jail, but once they get out, we're trying to 4 help them, you know, find a job, get their license back, 5 help them with housing, substance abuse issues, those 6 type of things. We try to help them once they're 7 released, also. 8 MS. ELLIS: Thank you. 9 MR. MCFARLAND: Lieutenant, what's the turnover 10 rate in the last year, since you've been here, among the 11 correctional officers? 12 MR. BROOKS: I think, since I've been here, 13 four, I believe, have left, two to work closer to home, 14 one by termination, and one I can't really remember. 15 But very low. 16 MR. MCFARLAND: Well, I can't help but ask 17 about the one that was terminated. Was it for 18 misconduct, or just -- it wasn't working out? 19 MR. BROOKS: I -- he resigned. When I say 20 "terminated," I probably misspoke. He resigned, but it 21 was obvious that we weren't going to retain him, and it 22 was for not treating an inmate properly. And it had 181 1 nothing to do with sexual assault, but he was not 2 representing what we represent, a little kinder, 3 gentler, compassionate way. 4 MR. MCFARLAND: Sergeant Jenkins, what about 5 the turnover rate, from your perspective, over the 21 6 years? Around 2007, how would you characterize it? 7 MR. JENKINS: 2007, we had some openings that 8 we were waiting to fill, based on the elections. So we 9 had some openings then. And no more than usual, as far 10 as turnover, in 2007. Nothing unusual. 11 MR. MCFARLAND: And what's usual? 12 MR. JENKINS: I was going to say only a couple 13 a year, two or three. And I guess I need to qualify, as 14 far as leaving the jail. 15 We have a higher turnover in the jail, but not 16 within the office, because they go right to courts, they 17 go right to the road, or whatever -- 18 MR. MCFARLAND: Yes. 19 MR. JENKINS: -- they go out to different 20 divisions. 21 MR. MCFARLAND: Yes. 22 MR. JENKINS: But actually, as far as leaving 182 1 employment, not that many, only a few. 2 MR. LANE: And that's to include what I was 3 talking about, too. They -- just -- I was talking about 4 leaving the jail, itself. 5 MR. MCFARLAND: Yes. 6 MR. LANE: But they may go into a different 7 part of the Department. 8 MR. MCFARLAND: Yes. And what about -- I 9 didn't ask about pat-downs. Can female officers pat 10 down a male inmate? 11 MR. JENKINS: Yes. 12 MR. MCFARLAND: How about vice versa? 13 MR. JENKINS: Yes, but that's for officer 14 safety. As soon as they can, the actual searching is 15 done by an officer of the same sex. In other words, 16 they're just looking for weapons when they come in, when 17 they're doing a pat-down, they're just looking for 18 weapons, looking for officer safety issues. 19 MR. MCFARLAND: Oh, how many rookies don't make 20 it to their first anniversary at your facility? Whether 21 they're a rookie -- that is the wrong term. How many 22 officers do not meet their first anniversary, whether 183 1 they are 20-year veterans of Corrections or not? 2 MR. JENKINS: I would say that's rare. I'm 3 trying to think of the last one. Not very often. 4 MS. CHUNN: So am I to understand, then, that a 5 male can pat down a female, and a female can pat down a 6 male? 7 MR. JENKINS: Correct. 8 MR. LANE: Now, can I follow that up? 9 MS. CHUNN: Yes. 10 MR. LANE: That's done in the booking area. 11 MS. CHUNN: Yes, I understand. 12 MR. LANE: Which is the common area, which is 13 observed by several folks. 14 MS. CHUNN: Right. I understand. 15 MR. LANE: And the camera. So that's not in 16 one of the blind spots. 17 MS. CHUNN: But a more formal search, as we 18 understand it, is somewhere else. 19 MR. LANE: And it's done by the same sex. 20 MS. CHUNN: Same sex. 21 MR. LANE: Yes, Ma'am. 22 MR. MCFARLAND: And I don't think I asked you 184 1 about the medical staff. Who do you have that comes 2 into the facility? 3 I understand you have a contract with Culpeper 4 Family Practice, but who comes into the facility? 5 MR. LANE: No one comes into the facility, 6 other than the nursing contract that we have with Nurse 7 Finders, which provides the nurse you talked to today. 8 All of our medical care is taken either out to Culpeper 9 Family Practice, or Culpeper Memorial Hospital. 10 MR. MCFARLAND: So, the Nurse Finders 11 contractor comes in, what, to dispense meds? 12 MR. LANE: And to triage some illnesses, and 13 try to diagnose what's going on, and let us know whether 14 it needs to go to the next level of medical care. 15 MR. MCFARLAND: And who would triage a female 16 inmate? 17 MR. LANE: The nurse. 18 MR. MCFARLAND: And that was a male nurse 19 today, so -- 20 MR. LANE: Absolutely. 21 MR. MCFARLAND: So the male nurse would triage 22 a female? 185 1 MR. LANE: Mm-hmm. 2 MR. MCFARLAND: Okay, and who would be present 3 in that exam or that triage? 4 MR. LANE: We do no examinations. That is more 5 or less a -- 6 MR. MCFARLAND: Verbal questions? 7 MR. LANE: Verbal triage, questionnaire, blood 8 pressure, pulse, that type -- there is no intrusiveness 9 in that at all. 10 MR. MCFARLAND: Nobody is disrobing? 11 MR. LANE: No. 12 MR. MCFARLAND: Okay. 13 MR. LANE: It becomes -- or, if they're 14 disrobed, it would be an arm injury. We had one in 15 there that had a previous arm injury that required some 16 dressing of the wound, the medics and the nurses did 17 that. 18 But that had -- anything that's intrusive with 19 clothes being removed is taken to either Culpeper Family 20 Practice or Culpeper Hospital. 21 MR. MCFARLAND: Well, then why is the window in 22 the door of the medical room covered up? 186 1 MR. LANE: Several reasons: privacy, because 2 of HIPAA, because there are drugs in there being 3 dispensed sometimes. Inmates are smarter than we often 4 think, and we don't want to be having our narcotics 5 open, where we are dispensing to other inmates, and they 6 know what's in there. 7 If I am in there just talking -- just taking 8 somebody's blood pressure, other inmates don't need to 9 know that. It's a privacy type thing, that type of 10 thing. That's why. 11 MR. JENKINS: We also use that room for 12 interviews, like, when mental health would come in. If 13 the visit room was occupied, we could let them speak to 14 the mental health person and leave that flap open and be 15 able to monitor them the entire time. 16 MR. MCFARLAND: So you don't have -- do these 17 Nurse Finder contract nurses have any training in the 18 diagnosis of sexual assault, symptoms of rape, how to 19 retain evidence, whether to refer for -- to a SANE 20 nurse, et cetera? 21 MR. LANE: Yes. Well, Culpeper Family Practice 22 has that notification, but they have a training through 187 1 their nurses training, in general, sexual assaults. 2 When the LPN or RN goes through, they are trained to the 3 basic training of that. 4 If this is sexual assault, if it's not an 5 obvious trauma, where the person is really bleeding, or 6 something we need to address right then for life 7 support, or to -- we would take them straight to the 8 emergency room. 9 MR. MCFARLAND: Yes, Culpeper Family Practice 10 doesn't want to see them. 11 MR. LANE: Don't want to see them. We're going 12 to take them straight to the emergency room, and they 13 have a SANE-trained staff there to accommodate. 14 If they cannot accommodate, then they will 15 refer us to another facility that's bigger, which would 16 be there. 17 MR. MCFARLAND: If somebody alleges that they 18 were forced to give oral sex to an inmate, how -- does 19 anybody in your staff know how many hours the evidence 20 can remain before it's academic and you might as well 21 not bother sending them to the ER? 22 MR. LANE: That is -- with the new technologies 188 1 and DNA, I am forensically trained and a forensic 2 graduate. That's not a true statement. It can go a day 3 or two. It's the same thing as -- 4 MR. MCFARLAND: My question was how many. Does 5 anybody know how long? 6 MR. LANE: I know that it could go -- the time 7 is really infinite, to some degree. It all depends on 8 what you do in the meantime. But if they told us if it 9 was done that way, I would say, "Go to the hospital, 10 don't eat anything, don't drink anything, try not to 11 swallow," all these different things. I know the 12 typical protocol to tell them to do. 13 If we had a sexual assault of that nature, I 14 would be contacted, even if I was on vacation. 15 MR. MCFARLAND: Yes. 16 MR. LANE: They would call me -- 17 MR. MCFARLAND: All right. 18 MR. LANE: -- and say, "This is what we've got, 19 and I would be giving that information back to them." 20 MR. MCFARLAND: All right. And so you can 21 enjoy your vacations more, would you want to have 22 somebody else -- 189 1 MR. LANE: First Sergeant Jenkins is aware of 2 how to handle that, too. I mean, he rode the ambulance 3 in Richmond on many a day before he came here as a 4 trained paramedic. So he is familiar with that. And 5 after today, and in the future, we will have something 6 that says, "This is what you do." 7 MR. MCFARLAND: First Sergeant Jenkins, do you 8 know how to use a rape kit? 9 MR. JENKINS: No, Sir. 10 MR. MCFARLAND: Okay. 11 MR. LANE: We wouldn't do that, Sir. 12 MR. MCFARLAND: Have you had any SANE nurse 13 training? 14 MR. JENKINS: No. 15 MR. MCFARLAND: Okay. 16 MR. LANE: Our forensic guidelines tell us not 17 to administer rape kits, let the SANE nurses do it. So 18 we wouldn't have one. Nobody would use one in my 19 facility, okay? 20 So, I mean, you could ask them all, they will 21 tell you no, because we wouldn't use it, because our 22 guidelines says take them to the hospital. 190 1 MR. MCFARLAND: Yes, all right. 2 MS. ELLIS: That's it. 3 MR. MCFARLAND: Well, we want to thank you, 4 Lieutenant -- 5 MR. BROOKS: Thank you. 6 MR. MCFARLAND: -- and First Sergeant, for your 7 testimony, for all your time today. I know 8 you're -- you've got a lot of folks across the street, 9 and a limited number of staff, and I really appreciate 10 all of the time that you have spent. 11 Congratulations on -- you must be doing 12 something really well. 13 MR. LANE: Thank you. 14 MR. MCFARLAND: So keep up the good work. And 15 unless there is -- I guess the sheriff has the last 16 word. 17 MR. JENKINS: Thank you very much. 18 MS. ELLIS: Okay. Thank you, gentlemen. 19 MR. MCFARLAND: Sheriff, I never swore you, and 20 so I suspect that you probably told the truth, anyway. 21 // 22 // 191 1 Whereupon, 2 JIM BRANCH, JR. 3 was called as a witness and, having been first 4 duly sworn, was examined and testified as follows: 5 EXAMINATION 6 MR. MCFARLAND: Anything that you want to 7 elaborate on from any of the testimony, Sheriff? 8 SHERIFF BRANCH: No. I would like to think 9 that everyone has done their best, to the best of their 10 ability and their recall. 11 I think one of the fallacies of this type of 12 thing is that people are going from memory. And 13 certainly it's our hope and expectation that all of us 14 would be as accurate as we can. Memory sometimes is not 15 100 percent. 16 But I haven't heard anything that I necessarily 17 disagree with, although I will give Sergeant Peters a 18 commendation. She did a very good job being diplomatic. 19 I will say what she didn't. Yes, we do need more 20 deputies. So -- 21 MR. MCFARLAND: Great. 22 SHERIFF BRANCH: I would also add, before I 192 1 finish, my appreciation. I try very hard, at staff 2 meetings whenever I'm out talking to citizens in the 3 community -- I have a tremendous team at the Culpeper 4 County Sheriff's office. And were it not for them and 5 the trust that I have in them, this mission could not 6 get done. So I would like to express my confidence and 7 my trust in their abilities. What they don't know, they 8 learn. What I need to know they will get for me. 9 So, a tremendous team, and I would like to 10 recognize them very much. 11 MR. MCFARLAND: Yes. 12 MS. CHUNN: Sheriff, one last question. You 13 are in a position of having started with very little 14 knowledge about PREA. You have come to appreciate it, 15 having been a part of this process. 16 But I believe there are many other sheriffs out 17 there across the country just like you, who have great 18 intentions, intend to do the best job possible, but 19 haven't perhaps come to a point of being as 20 knowledgeable and informed about PREA as perhaps they 21 need to be. 22 What advice would you give us that you could 193 1 offer for the record that we can provide to other 2 sheriffs out there who are in a situation like you were 3 in a few months ago? 4 Now, I always, on the Panel, have the most 5 interesting questions. So I hope you felt -- I hope you 6 followed that one. Right? 7 SHERIFF BRANCH: I think so. Not being totally 8 aware of your efforts now, other than what I have 9 experienced recently, and what I have seen on the Web 10 site, I -- they say you should never assume anything, 11 but I am going to assume, and say that you should keep 12 up the efforts that I think that you are probably doing 13 already. 14 So, to continue those, and expand wherever you 15 can. Certainly to spread your message, to spread your 16 mission, your programming, what you are trying to 17 accomplish as far and as wide as you can, I suspect you 18 already realize that other sheriffs, other offices, are 19 going through the same thing that we do. 20 The public, society, the citizens, however you 21 want to term it, generally expect us to be there all the 22 time, to be perfect when we're there, and to be on 194 1 charge and handling everything under the sun. We do the 2 very best that we can, but it's not necessarily so, 3 simply because of money, manpower. 4 I certainly think and want to hope that on 5 everybody's part in law enforcement, that the desire is 6 there. But my counsel would be to go ahead and continue 7 your efforts, increase your efforts, and certainly I 8 feel like -- I certainly hope that our efforts here 9 today would help you in the work that you are trying to 10 do. 11 MS. CHUNN: Thank you. 12 MS. ELLIS: I have been very impressed with 13 your staff and what I saw this morning on the tour. And 14 I am a little concerned about you maybe getting into a 15 little more, in terms of your sexual assault response, 16 and becoming more knowledgeable about it. 17 I think it's marvelous that you have not had 18 the kinds of difficulties here that we have seen in 19 other places. I am a bit taken with that, and proud of 20 it, because you are in Virginia, and you're one of our 21 neighbors in Fairfax County. 22 But on the other hand, in listening to your 195 1 philosophy, Lieutenant, about making things better, 2 keeping things over the top, if you take what you have, 3 and what you seemingly have had over a number of years, 4 and add to that the education and training and adherence 5 to some of the dictates of PREA, imagine the type of 6 facility you will have. Can you even imagine? 7 SHERIFF BRANCH: Absolutely. And I think I 8 speak for all of my staff, as well as myself, when I say 9 that we are perfectly willing to do that. 10 As I said at the beginning, certainly we can't 11 rest on the year 2007. The potential is there, the 12 probability is there, the possibility is there -- 13 MS. ELLIS: Absolutely. 14 SHERIFF BRANCH: So, absolutely, we can't sit 15 on the year 2007 and say, "Everything is okay," because 16 tomorrow is a new day. 17 So, we have to take what we have been doing 18 right, learn from it, and add whatever tools that we can 19 to make sure that we continue on in a positive 20 direction. 21 MS. ELLIS: I sense that. Thank you. 22 SHERIFF BRANCH: Thank you. 196 1 MR. MCFARLAND: Thank you very much, Sheriff. 2 This hearing is adjourned. 3 SHERIFF BRANCH: Thank you. 4 (Whereupon, at 3:58 p.m., the hearing was 5 adjourned.) 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22