More U.S. states push ahead with near-bans on abortion for Supreme Court challenge

Anti-abortion marchers rally at the Supreme Court during the 46th annual March for Life in Washington, U.S., January 18, 2019. REUTERS/Joshua Roberts

(Reuters) – North Dakota Republican Governor Doug Burgum signed legislation on Wednesday making it a crime for doctors to perform a second-trimester abortion using instruments like forceps and clamps to remove the fetus from the womb.

FILE PHOTO:Governor Doug Burgum (R-ND) speaks to delegates at the Republican State Convention in Grand Forks, North Dakota, U.S. April 7, 2018. REUTERS/Dan Koeck

FILE PHOTO:Governor Doug Burgum (R-ND) speaks to delegates at the Republican State Convention in Grand Forks, North Dakota, U.S. April 7, 2018. REUTERS/Dan Koeck

The move came the same day that Ohio’s Republican-controlled legislature passed one of the nation’s most restrictive abortion bans – outlawing the procedure if a doctor can detect a heartbeat. The bill now goes to Republican Governor Mike DeWine, who is expected to sign it.

Georgia’s Republican-controlled legislature in March also passed a ban on abortions if a fetal heartbeat is detected, which can often occur before a woman even realizes she is pregnant.

Activists on both sides of the issue say such laws, which are commonly blocked by court injunctions, are aimed at getting a case sent to the U.S. Supreme Court, where conservatives hold a 5-4 majority, to challenge Roe v. Wade, the landmark 1973 decision that established a constitutional right to abortion.

The North Dakota bill, which Burgum’s spokesman, Mike Nowatzki, confirmed in an email that the governor signed, followed similar laws in Mississippi and West Virginia.

Known as HB 1546, it outlaws the second-trimester abortion practice known in medical terms as dilation and evacuation, but which the legislation refers to as “human dismemberment.”

Under the North Dakota legislation, doctors performing the procedure would be charged with a felony but the woman having the abortion would not face charges.

Similar legislation exists in Alabama, Arkansas, Kansas, Kentucky, Louisiana, Ohio, Oklahoma and Texas, but is on hold because of litigation, according to the Guttmacher Institute, a reproductive rights group.

Abortion-rights groups challenging such bans argue they are unconstitutional as they obstruct private medical rights.

North Dakota has one abortion provider, the Red River Women’s Clinic in Fargo. Clinic Director Tammi Kromenaker did not immediately respond to a request for comment. She previously said her clinic would wait for a decision in a case involving similar legislation in Arkansas before deciding on a possible legal challenge to HB 1546.

(Reporting by Andrew Hay; Editing by Bill Tarrant and Peter Cooney)

Suspicious blazes destroy three predominantly black Louisiana churches

The Mount Pleasant Baptist Church in Opelousas, Louisiana, U.S. April 4, 2019 is pictured after a fire in this picture obtained from social media. Courtesy Louisiana Office Of State Fire Marshal/Handout via REUTERS

By Alex Dobuzinskis

(Reuters) – Federal and state officials in Louisiana are investigating suspicious fires that destroyed three predominantly black churches in 10 days in one mostly rural parish, authorities said on Saturday.

Investigators have not concluded whether the three fires at Baptist churches in St. Landry Parish, about 100 miles (160 km) northwest of New Orleans, were connected, said Ashley Rodrigue, a spokeswoman for the Louisiana Fire Marshall’s Office.

They also have not determined whether the blazes, which occurred between March 26 and Thursday, were intentionally set, she said in an email. At a news conference on Thursday, State Fire Marshall Butch Browning was asked if investigators were treating the fires as potential hate crimes.

“If the hate crime definition was violated, we will certainly vet those things out,” Browning said.

The number of hate crimes in the United States increased 17 percent in 2017, the third consecutive year such attacks rose, according to FBI data released last fall.

Investigators probing the St. Landry Parish fires were awaiting lab results but view the three blazes as “suspicious,” Browning said at the news conference.

Without giving details, he said certain “patterns” had been discovered, but that it was too early to say whether a single individual had started the fires.

“There certainly is a commonality and whether that leads to a person or persons or groups, we don’t know,” Browning said.

The fires destroyed St. Mary Baptist Church in the community of Port Barre, and Greater Union Baptist Church and Mount Pleasant Baptist Church in Opelousas, the parish seat.

The FBI and U.S. Bureau of Alcohol, Tobacco, Firearms and Explosives have joined in the investigation, Browning said.

Investigators have concluded that a fourth fire last Sunday, more than 200 miles outside St. Landry Parish at a predominantly white church in Vivian in northwest Louisiana, was intentionally set, state fire officials said in a statement.

That fire, inside the sanctuary at Vivian United Pentecostal Church, was relatively small and burned itself out.

No one has been arrested in connection with any of the church fires, which have not resulted in any injuries, officials said.

(Reporting by Alex Dobuzinskis in Los Angeles; Editing by Tom Brown)

Supreme Court blocks restrictive Louisiana abortion law

FILE PHOTO - An abortion rights activist holds up a sign as marchers take part in the 46th annual March for Life in Washington, U.S., January 18, 2019. REUTERS/Joshua Roberts

By Lawrence Hurley

WASHINGTON (Reuters) – A divided U.S. Supreme Court on Thursday stopped a Louisiana law imposing strict regulations on abortion clinics from going into effect in its first major test on abortion since the retirement of Justice Anthony Kennedy last summer.

The court on a 5-4 vote granted an emergency application by Shreveport-based abortion provider Hope Medical Group for Women to block the Republican-backed law from going into effect while litigation continues.

The four liberal justices were joined by conservative Chief Justice John Roberts in the majority, suggesting that Roberts, as Kennedy used to be, is now the key vote on the issue.

Kennedy backed abortion rights in two key cases. Justice Brett Kavanaugh, who President Donald Trump appointed to replace Kennedy, joined the court’s four other conservatives in dissent.

Hope Medical Group challenged the law’s requirement that doctors who perform abortions must have an arrangement called “admitting privileges” at a hospital within 30 miles (48 km) of the clinic.

Kavanaugh, writing for himself, said it was not clear whether doctors would be unable to obtain the admitting privileges were the law to go into effect. He said that he would have favored allowing them to bring a later legal challenge if their efforts were unsuccessful.

The Center for Reproductive Rights, an abortion-rights group that represents the challengers, said the law could lead to the closure of two of the three abortion clinics operating in Louisiana, a state of more than 4.6 million people.

The law was passed in 2014 but courts had prevented it from going into effect. The Supreme Court itself blocked the law in 2016, two days after hearing another major case involving a similar Texas law that the justices struck down months later.

Kennedy, a conservative who retired in July 2018, had voted to preserve abortion rights in 1992 and again in the 2016 Texas case.

Roberts was a dissenter in the 2016 case, but his vote on Thursday, for now, suggests the court is not retreating from that precedent.

Kavanaugh is one of two Trump appointees who are part of the court’s 5-4 conservative majority, along with Neil Gorsuch.

The Supreme Court recognized a woman’s constitutional right to an abortion and legalized the procedure nationwide in the landmark 1973 Roe v. Wade ruling.

The court on Feb. 1 temporarily blocked the Lousiana law, which was due to go into effect on Feb. 4, while the justices decided how to proceed.

(Reporting by Lawrence Hurley; Editing by Sandra Maler)

Louisiana man suspected of killing spree is arrested in Virginia

(Reuters) – Sheriff’s deputies in Virginia on Sunday arrested a 21-year-old man wanted on suspicion of shooting five people to death in Louisiana including his parents, his girlfriend and members of her family.

Following a multistate manhunt, Dakota Theriot was arrested in Richmond County, Virginia, after pointing a firearm out the window of a home, officials said.

“Deputies challenged him and he surrendered without incident and is at NNRJ (Northern Neck Regional Jail) without bond,” the Richmond County Sheriff’s Office said on Twitter.

Theriot will be taken back to Louisiana to face charges including first-degree homicide, home invasion and illegal use of weapons, the Ascension Parish Sheriff’s Office in Louisiana said.

The Livingston Parish Sheriff’s office in Louisiana said he was wanted on two counts of first-degree homicide.

Both counties are in the Baton Rouge area and about 1,000 miles (1,600 km) from where he was arrested a day after the killings.

Theriot was identified as the suspect in the Saturday morning slayings of Billy Ernest, 43, Tanner Ernest, 17, and Summer Ernest, 20, Livingston Parish officials said.

Investigators believed Summer Ernest was Theriot’s girlfriend, NBC News reported, citing authorities. Tanner was her brother and Billy their father.

Theriot is believed to have stolen their vehicle and driven to nearby Ascension Parish, to the home of his parents where he lived until recently when he was asked to leave, officials said.

“This is probably … one of the worst domestic violence incidents I have seen in quite a while, for a young man to walk into a bedroom and kill his mother and father, and then to kill the family in Livingston he had a connection with,” Ascension Parish Sheriff Bobby Webre told a news conference.

(Reporting by Daniel Trotta in New York; Editing by Peter Cooney)

U.S. top court rebuffs state bids to cut Planned Parenthood funds

FILE PHOTO: Healthcare activists with Planned Parenthood and the Center for American Progress pass by the Supreme Court as they protest in opposition to the Senate Republican healthcare bill on Capitol Hill in Washington, U.S., June 28, 2017. REUTERS/Joshua Roberts

By Andrew Chung

WASHINGTON (Reuters) – The U.S. Supreme Court on Monday rejected appeals by Louisiana and Kansas seeking to end public funding by those states to Planned Parenthood, a national women’s healthcare, and abortion provider, through the Medicaid program.

The justices left intact lower court rulings that prevented the two states from stripping government healthcare funding from local Planned Parenthood affiliates.

Three conservative justices, Clarence Thomas, Samuel Alito and Neil Gorsuch, dissented from the decision by the nine-member court, saying it should have heard the appeals by the states.

The case is one of a number of disputes working their way up to the Supreme Court over state-imposed restrictions on abortion. The two states did not challenge the constitutionality of abortion itself.

Planned Parenthood’s affiliates in Louisiana do not perform abortions, but some in Kansas do. Medicaid, the state-federal health insurance program for low-income Americans, pays for abortions only in limited circumstances, such as when a woman’s life is in danger.

Louisiana and Kansas announced plans to terminate funding for Planned Parenthood through Medicaid after an anti-abortion group released videos in 2015 purporting to show Planned Parenthood executives negotiating the for-profit sale of fetal tissue and body parts. Planned Parenthood denied the allegations and said the videos were heavily edited and misleading.

The organization’s affiliates in each state, as well as several patients, sued in federal court to maintain the funding.

Legal battles over other laws from Republican-led states could reach the court in the next year or two. Some seek to ban abortions in early pregnancy, including Iowa’s prohibition after a fetal heartbeat is detected. Others impose difficult-to-meet regulations on abortion providers such as having formal ties, called admitting privileges, at a local hospital.

(Reporting by Andrew Chung; Editing by Will Dunham)

Storm Gordon starts kicking up waves on U.S. Gulf Coast

Tropical Storm Gordon is pictured nearing Florida, U.S. in this September 2, 2018 NASA satellite handout photo. NASA/Handout via REUTERS

(Reuters) – Waves began to batter parts of the U.S. Gulf Coast on Tuesday as the region felt the first hit of Tropical Storm Gordon, which is expected to become a hurricane before it comes ashore with high winds and heavy rain, forecasters said.

The storm also caused a jump in global oil prices after the evacuation of two oil platforms in the Gulf of Mexico.

Gordon was due to come ashore late on Tuesday near the border between Louisiana and Mississippi, and drop as much as 12 inches (30 cm) of rain in areas still recovering from last year’s hurricanes, the National Hurricane Center said.

Currently carrying winds of around 65 miles per hour (105 km per hour), the storm was expected to pack hurricane-force winds – of at least 74 mph (119 kph) – when it reached the north-central Gulf Coast, the center said.

High surf was already hitting Alabama’s Dauphin Island early Tuesday, the National Weather Service office in Mobile said on Twitter.

Louisiana Governor John Bel Edwards declared a state of emergency and said 200 Louisiana National Guardsmen were being deployed, along with 63 high-water trucks, 39 boats, and four helicopters.

Trees sway as Storm Gordon descends on Fort Lauderdale, Florida, U.S., September 3, 2018 in this still image taken from a video obtained from social media. @Saralina77/via REUTERS

Trees sway as Storm Gordon descends on Fort Lauderdale, Florida, U.S., September 3, 2018 in this still image taken from a video obtained from social media. @Saralina77/via REUTERS

New Orleans’ mayor, LaToya Cantrell, declared her own state of emergency and closed all non-essential government offices.

Storm surge of as much as 5 feet (1.5 m) could hit a stretch of coast from Shell Beach, Louisiana, to Dauphin Island, Alabama, forecasters said. The Mississippi Emergency Management Agency told South Mississippi residents to be prepared to evacuate.

As of Tuesday morning, Gordon was located about 190 miles (305 km) east-southeast of the mouth of the Mississippi River, and was heading west-northwest, the Miami-based hurricane center said.

U.S. oil producer Anadarko Petroleum Corp evacuated workers and shut production at two offshore oil platforms on Monday, and other companies with production and refining operations along the Gulf Coast said they were securing facilities.

The Gulf of Mexico is home to 17 percent of U.S. crude oil and 5 percent of natural gas output daily, according to the U.S. Energy Information Administration. More than 45 percent of the nation’s refining capacity is located along the Gulf Coast.

The U.S. Coast Guard said the ports of New Orleans as well as Gulfport and Pascagoula, Mississippi, may have to close within 48 hours.

Maintenance crew work near power lines during an outage after Storm Gordon descended on Miami Beach, Florida, U.S., September 3, 2018 in this still image taken from a video obtained from social media. @ZwebackHD/via REUTERS

Maintenance crew work near power lines during an outage after Storm Gordon descended on Miami Beach, Florida, U.S., September 3, 2018 in this still image taken from a video obtained from social media. @ZwebackHD/via REUTERS

Last year, powerful hurricanes hit Texas, Florida and Puerto Rico, causing thousands of deaths, hundreds of billions of dollars worth of damage and massive power outages.

Gordon passed over Florida’s southern tip on Monday afternoon. There were no reports of any injuries or deaths or any damage to buildings, said Alberto Moscoso, a spokesman for the Florida Division of Emergency Management.

(Reporting Brendan O’Brien in Milwaukee and Scott Malone in Boston; Editing by Louise Heavens, Andrew Heavens and Frances Kerry)

Tropical Storm Gordon hits southern Florida, spins toward U.S. Gulf Coast

FILE PHOTO: Homes sit on the edge of the Gulf of Mexico in the Myrtle Grove Estates development in Plaquemines Parish, Louisiana, U.S. October 7, 2017. REUTERS/Jessica Resnick-Ault/File Photo

By Jon Herskovitz and Rich McKay

(Reuters) – A tropical storm whipped the southern tip of Florida with high winds and rain on Monday morning and was forecast to gain strength as it passed over the Gulf of Mexico toward Louisiana, officials said.

Tropical Storm Gordon was forecast to drop as much as 8 inches (20 cm) of rain in some areas of the U.S. South still reeling from hurricanes a year ago.

The storm was generating winds of 45 miles per hour (72 km/h) on Monday as it steamed west-northwest at 17 miles an hour (27 km/h), National Hurricane Center Director Kenneth Graham said in a video briefing on Facebook.

“It looks like for the next three or four days we’re going to be having to really watch close,” Graham said, “and remember if you’re even inland you can get some of these heavy rainfall totals so now is the time to be prepared.”

Last year, hurricanes walloped Texas, Florida and Puerto Rico, causing thousands of deaths, hundreds of billions of dollars in damage, massive power outages and devastation to hundreds of thousands of structures.

The National Hurricane Center warned of high winds around parts of Florida as the storm passed over the southern tip of the state on Monday morning.

The storm was expected to strengthen over the Gulf of Mexico, and reach the central Gulf Coast states of Alabama, Mississippi and Louisiana late on Tuesday, the National Hurricane Center said.

At the mouth of the Mississippi River, around the area of New Orleans, the storm could generate a surge of up to 4 feet (1 meter) and smaller surges could hit coastland along other parts of the Gulf Coast, Graham said.

“The combination of a dangerous storm surge and the tide will cause normally dry areas near the coast to be flooded by rising waters moving inland from the shoreline,” the National Hurricane Center said in a statement.

Louisiana Governor John Bel Edwards said on Sunday he had activated the state’s Crisis Action Team as a precaution.

There were no immediate indications that the storm had affected energy operations in the Gulf of Mexico area.

(Reporting by Rich McKay in Atlanta, Alex Dobuzinskis in Los Angeles; Editing by Frank McGurty and Andrea Ricci)

Special Report: In Louisiana jail, deaths mount as mental health pleas unheeded

The outside of the East Baton Rouge Parish Prison is seen in Baton Rouge, Louisiana March 5, 2018. REUTERS/Shannon Stapleton

By Melissa Fares and Charles Levinson

EAST BATON ROUGE, La. (Reuters) – The East Baton Rouge Parish Prison, a squat brick building with low-slung ceilings and walls sometimes smeared with feces, is the face of a paradigm shift: penitentiaries as mental health care providers. Across the United States thousands of jails are sheltering a wave of inmates accused of crimes and serving time while suffering from illnesses ranging from depression to schizophrenia.

The shift is a byproduct of the plunging numbers housed in psychiatric inpatient treatment centers, a total that fell from 471,000 in 1970 to 170,000 by 2014. In Louisiana, the fallout exacerbated after a former governor shuttered or privatized a network of public hospitals that provided medical and psychiatric care to the accused.

East Baton Rouge Parish Prison is where Louis Jonathan Fano, afflicted with bipolar disorder and haunted by demons, found himself on Halloween Eve 2016 after fleeing a Greyhound Bus and wandering city streets naked and crazed.

Booked into the jail on six misdemeanor charges, Fano, 27, slit his wrists hours later. Then he was sent to solitary confinement, where he spent 92 of his 94 days imprisoned with his thoughts.

Midway through his jail ordeal, the parish handed responsibility for inmate medical care to a for-profit firm that decided Fano was “exaggerating his condition.” On January 18, 2017, it ordered him taken off his antipsychotic medication.

Two weeks later, the onetime veterinary student, who crafted letters to his mother in longhand, hanged himself.

His family rushed from California to find him unconscious in a hospital intensive care unit, where he lay until his death.

“We touched his cold hands. I talked to him but he had no life – it was just machines,” said his mother, Maria Olga Zavala. “Even with all that, they had him there handcuffed with a guard.”

Replaying that image inside her Southern California home, she asked: “Why wasn’t that guard in the jail, looking after my son before he took his own life?”

It’s a question asked often of the parish jail, where 25 inmates died from 2012-2016, at least five of whom were diagnosed with a serious mental illness or showed signs of one, jail and court records show. Fano became the sixth inmate since 2012 to die amid a mental health crisis; none had been convicted of the charges that jailed them.

From 2012 to 2016, the jail’s rate of death was 2.5 times above the national prison average, a Reuters analysis found. The East Baton Rouge Sheriff’s Office, which oversees the jail, blamed most deaths on drug use, “poor health and pre-existing conditions,” and noted Louisiana has long ranked low on public health metrics.

A private consultant hired to assess treatment found the jail was substantially understaffed, with 61 percent of the psychiatric staff hours found in comparable jails. Isolation units, transformed into de facto inpatient mental health wards, were “woefully inadequate physical environments for the most unstable mentally ill.”

Men on suicide watch were given paper gowns and no sheets or blankets, but the unit was kept so cold some inmates risked hypothermia. One sought warmth by squeezing himself inside the plastic covering of his mattress.

The East Baton Rouge Parish Prison is a vivid example of how local jails struggle to treat the masses of mentally ill filling their dank cells.

MENTALLY ILL AND INCARCERATED

Had a naked and hallucinating Fano stumbled off the Greyhound Bus a few years earlier, he likely would have received treatment at Baton Rouge’s Earl K. Long charity hospital. In the two years before its closure in April 2013, police brought 1,800 mentally disturbed detainees there for treatment, said Jan Kasofsky, Baton Rouge’s top mental health official.

Earl K. Long was part of Louisiana’s network of 10 public charity hospitals that provided medical and psychiatric care to the poor and the imprisoned. It cost the state $76 million a year to treat prisoners in these hospitals. In the spring of 2013, former Governor Bobby Jindal began privatizing or closing nine of the 10 and that $76 million cost has since been cut by two-thirds, said Raman Singh, until recently the corrections department’s medical director.

Jindal declined interview requests. Timmy Teepell, chief of staff during much of the Republican’s first term, said the system was closed for good reason.

“It was outdated, underfunded, and produced the nation’s worst healthcare results,” Teepell said. “I am surprised it lasted as long as it did into the 21st Century.”

But the shutting of the hospitals left local governments struggling to provide medical care behind bars. Cat Roule, who spent 12 years as a nurse supervisor at the East Baton Rouge Parish Prison, told Reuters, “Once Earl K. Long shut down, everything got much worse. There were people piling up in the intake unit. It was just madness.”

Dennis Grimes, the current warden, acknowledged the jail can’t properly treat those in need in a facility where some 800-900 of 1,500 inmates are currently on mental health medication.

“The prison is equipped to deal with disciplinary behavior, not mental health patients. It doesn’t have the things that it really needs in order to function for those who have a mental health problem.”

Medical staff, he said, “burn out, they don’t know what to do, they need some relief – and there are no mental health hospitals out there.”

FIVE MEN IN CRISIS WHO DIED IN JAIL

On February 13, 2013, as operations at Earl K. Long wound down, David O’Quin, a 41-year-old paranoid schizophrenic, was picked up by police after his father reported he was off his medications and behaving erratically. He was booked into East Baton Rouge jail on charges of disturbing the peace. Per jail policy for the mentally ill, he was placed in isolation, where inmates have little access to visitors and spend 23½ hours a day, court records show.

When O’Quin disobeyed orders, guards strapped him to a chair by his ankles and wrists and left him caked in feces and urine, the family alleged in a lawsuit. A jail nurse noted he suffered “serious psychosis” and needed to see a doctor. He didn’t see one for six days, the family said. Guards found him nude in his cell, ignoring orders and spitting, and stormed the cell with shields and mace, records say.

A day later, the jail’s psychiatrist diagnosed him suffering from serious psychosis. O’Quin spent much of the next seven days restrained to a chair in isolation. He died in that chair February 26.

An autopsy found he had died from a pulmonary embolism from a blood clot that developed in his lower legs, likely due to the prolonged period of restraint, as well as from bacterial infection likely from contact between his open wounds and feces. O’Quin’s family has reached an undisclosed lawsuit settlement with the sheriff’s office.

After his death, the sheriff’s office reviewed policies and procedures, said Casey Hicks, a spokeswoman for the East Baton Rouge Sheriff’s Office. Among the changes: new guidelines for using the restraint chair. “It is still used when necessary, though it now requires approval directly from the Warden or designee,” she wrote.

Howell Andrews, a Senior Special Assistant to the Parish Attorney of East Baton Rouge, which was responsible for jail medical care at the time, pointed to a review panel’s findings: “The personnel of the Prison Medical Services acted within the standard of care within the regulations and restrictions in place in this environment.”

In July 2014, Antwoin Harden, 28, was picked up by police for trespassing on the grounds of the Drury Inn, telling officers he was homeless and would rather be in jail than on the streets. In jail, Harden refused to take his medication for bipolar disorder and sickle cell anemia, said his mother, Angelo Moses. He died that month from a blood clot in his lung, related to not taking his medications, she said.

Citing confidentiality restrictions, Andrews said he could not discuss Harden’s case. But he noted: “We are unable to forcibly medicate the individuals.”

Months later, on September 19, 2014, 72-year-old Paul Cleveland was arrested after verbally threatening a court clerk and booked into the jail. On his intake forms, the nurse noted he was bipolar and on antipsychotic medications, and suffered maladies including diabetes, heart pain and rheumatoid arthritis.

Once inside, Cleveland was unable to stand in the hours-long line for patient medications due to his arthritis. His doctor sent a note to the jail saying Cleveland needed a wheelchair, and his family brought one to the front gates. But jailers never let it inside, according to court filings in a family lawsuit against the city, jail and sheriff.

Cleveland filed eight emergency medical request forms, complaining of chest pain, trouble walking to get medication, and suicidal thoughts. When he felt the requests went unheeded, he filed three formal grievances.

Once, a doctor refused to see him because he was behaving belligerently, his medical records show. Other pleas were dismissed as the ranting of a madman. “Banging on window,” said a nurse, who assigned him to a lockdown cell “for his own safety.”

Cleveland’s prescribed daily medications included the antipsychotic Seroquel, Metformin for diabetes, and Cardura for blood pressure. When he was unable to rise and walk to receive them, a jail nurse told him to “stop playing and come get your medication,” a guard testified as part of the family’s ongoing lawsuit.

“Look, they killin’ me,” Cleveland told his family, in his last jailhouse call. “I can’t hardly stand no more.”

At 2:32 the morning of November 12, deputies found Cleveland naked on the floor of his cell, covered in feces. He said he was too weak to shower. A nurse told guards Cleveland was faking “because he wants to get back to the infirmary,” a guard testified in a deposition. Two hours later, at 4:05 a.m., he was found dead in his cell. An autopsy found extensive gastrointestinal bleeding likely caused by cardiovascular disease.

“If he had been transported to the emergency room and received a very simple blood transfusion, he would have survived,” said his lawyer, Amy Newsom.

Hicks said the sheriff’s office took “appropriate action” in dealing with each of Cleveland’s medical requests.

East Baton Rouge city attorneys dispute the family’s allegations, saying Cleveland was treated by medical personnel between 15-17 times during his 50-day stay. His wheelchair was denied because there was no necessary medical approval, said the city, which disputed allegations he was too weak to take his medication.

On May 25, 2015, Lamar Johnson, 27, was pulled over by police because the windows of his Honda Accord were illegally tinted. It was a minor infraction, but Johnson had an outstanding warrant in a neighboring parish, a four-year-old charge for passing a bad $900 check.

He was booked into East Baton Rouge. When guards refused his request for a blanket, he cursed them, according to deposition testimony by two inmates in the family’s lawsuit against the city, parish, warden, sheriff and others. The guards beat Johnson, handcuffed him and pepper-sprayed him, the inmates testified.

Johnson had never been previously diagnosed with a mental illness, his family said. But in jail, his mental health took a turn. Eyewitnesses described him pacing and paranoid, muttering, “I don’t want to live.” The guards moved him to the jail’s isolation wing. “The further back you go, the worse it is, with the smell and the noise,” another inmate testified.

At 10:22 a.m. on May 30, Johnson was found hanging from cell bars. He died days later.

When his father, Karl Franks, sought answers, he said Warden Grimes had little to say. “Well, Mr. Franks, it is what it is,” Franks recounted.

The sheriff disputes allegations in the family’s lawsuit, Hicks said, finding “no evidence” Johnson expressed suicidal thoughts or had been beaten by guards.

Prison Medical Services, the city-run entity responsible for jail health care, said it was “never notified of his presence prior to being called to respond to his suicide,” Andrews said. An inmate log form, he said, showed Johnson’s name had been struck through and marked as “released.”

‘A TICKING TIME BOMB’

Johnson’s death was the fourth involving a mentally disturbed inmate since the closure of East Baton Rouge’s charity hospital. Political pressure was mounting. In August, jail medical personnel testified before council members at a public hearing.

A jail nurse, Sharon Allen, told the council the jail was filling up with mentally ill inmates and described how a nurse had to leave early because an inmate foisted feces at her. “These are mentally unstable people and there’s not enough nurses,” she said.

“We do have a ticking time bomb,” said Dr. Rani Whitfield, a top medical official at the jail.

In response, the council hired Chicago-based consultants Health Management Associates to conduct a $95,000 study of the jail’s medical services.

Before the consulting firm could finish its study, the death toll rose. This time, it was 17-year-old Tyrin Colbert, arrested in November 2015 at his high school for an alleged sexual assault of two younger boys. The waifish teen – standing 5’11” and weighing 129 pounds – reported feeling suicidal soon after he was booked.

Placed in isolation, Colbert said he was hearing voices and told medical staff he needed help, court records show. Dr. Robert Blanche, a psychiatrist contracted to work part time at the jail, assessed Colbert through the bars of his cell. “He is not suicidal; not depressed; he was manipulating,” Blanche noted in the jail’s electronic record-keeping system. He ordered the suicide watch discontinued.

Blanche did not respond to requests for comment. He, Sheriff Sid J. Gautreaux III and Warden Grimes are among defendants in the family’s lawsuit.

Four days later, another deputy said he found Colbert rocking back and forth and talking to a wall. Colbert said he had an imaginary friend named Jimmy. This time, Blanche concluded Colbert “may be psychotic (or he is malingering),” he wrote.

Hicks said Colbert requested to be taken off suicide watch. He returned to the general population and into a cell with another inmate, also 17, who choked him to death with a blanket on February 17, 2016. “Colbert did not report any threats or complaints concerning his cellmate,” said Hicks.

The private consulting firm’s findings, submitted to the Metro Council four months after this latest death, were damning.

Warden Dennis Grimes opens the doors to holding cells of the East Baton Rouge Parish Prison in Baton Rouge, Louisiana March 5, 2018. Picture taken March 5, 2018. REUTERS/Shannon Stapleton

Warden Dennis Grimes opens the doors to holding cells of the East Baton Rouge Parish Prison in Baton Rouge, Louisiana March 5, 2018. Picture taken March 5, 2018. REUTERS/Shannon Stapleton

PRIVATE FOR-PROFIT PRISON CARE

The jail had just 36 percent of the physician staff hours found in comparable facilities. Jail staff failed to distribute prescribed medications nearly 20 percent of the time. A powerful anti-psychotic was being used widely to treat routine insomnia and keep inmates docile.

HMA concluded East Baton Rouge would need to double its $5 million annual budget to meet the minimal standard of inmate medical and psychiatric care.

That didn’t happen.

Instead, on January 1, 2017, the city hired CorrectHealth LLC, a private for-profit firm specializing in prison health care. The Atlanta-based firm promised to bring the jail’s medical care up to standard for $5.2 million a year, half of what the consultant cited.

CorrectHealth is among at least a dozen U.S. firms specializing in for-profit medical care behind bars. Today, it holds contracts to provide inmate healthcare at more than 40 facilities in the southeast, a spokesman said.

When it took over medical care in East Baton Rouge, Fano had been there two months.

Jonathan Fano, who committed suicide while in custody at East Baton Rouge Parish Prison is pictured in this undated handout photo obtained by Reuters May 15, 2018. Vanessa Fano/Handout via REUTERS

Jonathan Fano, who committed suicide while in custody at East Baton Rouge Parish Prison is pictured in this undated handout photo obtained by Reuters May 15, 2018. Vanessa Fano/Handout via REUTERS

His jail journey began as the Greyhound Bus idled at the Baton Rouge depot, amid a cross country journey from Miami to his California home. Sitting on the bus, he grew deeply paranoid.

“He said that all the people on the bus knew what he was thinking, that they were judging him, and that he felt sick,” recalled his mother. Fano, showing signs of schizophrenia, sometimes cleared his mind by walking the streets so long his bare feet blistered.

“‘Just focus your mind on coming home, don’t look at anyone, stay calm,’” Zavala told her son.

He fled the bus. Hours later, Baton Rouge police found him wandering the streets “naked and running around … hollering and cussing at imaginary people” and tearing down mailboxes, an arresting officer wrote.

Locked up, he begged for help. He filled out a medical request form November 25, 2016, complaining of anxiety and saying his antipsychotic meds weren’t working. “Feels as if the walls are closing in,” he wrote in December. Soon, a guard noted in all-caps that Fano “NEEDS TO SEE PSYCH.”

CorrectHealth took over New Year’s Day 2017. On January 11, an employee wrote Fano was “faking bad or exaggerating his condition.” Psychiatrist Blanche assessed Fano through the bars of his cell, concluding he “doubts serious mental illness, will begin tapering meds.” He ordered Fano’s anti-psychotic medicine reduced to 5mg and then discontinued after a week.

On February 2, Fano was found hanging from a torn mattress cover knotted to the bars of his cell. Under jail policy, the warden said, guards are supposed to check on inmates on suicide watch every 15 minutes and document what they see. But such checks didn’t come for Fano in the 11 hours before he hanged himself, video reviewed by Reuters shows. The reason: The warden said medical staff had months earlier taken Fano off suicide watch.

He died three days later. His mother now visits his grave every week.

John Ritter, a spokesman for CorrectHealth, said the company could not comment on pending litigation. He said company-run facilities “have been successfully audited against national correctional healthcare standards on numerous occasions.”

Warden Grimes defended the jail’s policy of placing inmates in isolation. But he said he had no easy answers to the jail’s challenges.

“The only way you’re going to stop someone from killing themselves is if there’s an officer there monitoring them 24/7,” the warden said. “And that’s just not possible.”

REFORM THAT LIVES AND DIES WITH POLITICS

As the deaths mounted, some city leaders began to feel pressure. O’Quin, whose last breaths came in a restraint chair, was from a prominent philanthropic Baton Rouge family. His father, Bill O’Quin, former president of a financial services publishing firm, mobilized business interests who joined the city’s first African-American mayor, Kip Holden, to push for a solution.

They drafted a plan to build a new mental health treatment center that would take in mentally ill people picked up by police. The center was modeled after one in Bexar County, Texas, where the sheriff said the facility saved the county $50 million over five years thanks in part to a sharp drop in incarceration rates of the mentally ill.

In Baton Rouge, winning approval for a tax to fund the center required support of the 12-member East Baton Rouge Parish Metro Council. To muster support in the district, backers sought the endorsement of one of the parish’s most powerful forces: Sheriff Sid Gautreaux, who runs the East Baton Rouge Parish Prison. “If he didn’t support it, then our prospects were zero,” said William Daniel, former chief of staff to then-Mayor Holden.

Gautreaux is a tough-talking career lawman who had long pushed the city to bankroll a new jail. “The plan was, let’s give the sheriff a new jail, and we’ll get our mental health center,” said John Davies, CEO of the Baton Rouge Area Foundation, a philanthropic development fund that was among the driving forces for the mental health center.

Negotiations took place in Gautreaux’s office, adorned with taxidermied hunting trophies, animal skin rugs, and crossed rifles inmates had carved from wood, said those present.

The sheriff wanted the largest parish jail in Louisiana, a 3,500 bed facility, more than double the current size, attendees said. Mental health center supporters pushed back. Crime had been on the decline in Baton Rouge, they argued. Plus, the mental health center would divert many inmates from jail, citing the Texas example.

In Louisiana, sometimes dubbed the “world’s prison capital,” filling jailhouse beds means big money for sheriff’s offices. Any Louisiana sheriff with capacity to spare can house state prisoners and receive a fee of about $24 a day per inmate. Over 50 percent of Louisiana state prisoners are held in local jails, far more than in other states. Sheriffs boost their budgets by hiring out inmates as cafeteria workers at the statehouse, for instance.

“In Louisiana, anytime you want to pass a law moderating the drive to imprison people, you have this almost insurmountable opposition from the sheriffs,” said Jon Wool, with the Vera Institute for Justice, a nonprofit opposing mass incarceration.

Hicks said Gautreaux backed the mental health center from the start, and that the new jail size was determined by outside consultants. “The sheriff did not demand any particular size of the jail,” she said.

In the end, the package that went to the 12-member council for a vote in January 2015 included a 2,500-bed jail and package of new criminal justice facilities.

Advocates thought they had wrangled just enough support from the council’s tax-wary Republicans to endorse a $330 million bond measure. But at the last minute came defections from key Democrats. “This was just difficult to swallow with such a large prison component,” said council member Tara Wicker.

A mental health center was put again to a standalone citywide vote in 2016. It narrowly lost.

(Additional reporting by Ned Parker, Linda So and Grant Smith. Editing by Ronnie Greene)

Storms unleash tornadoes in U.S. east, record snow in Midwest

Dark clouds hover above buildings amidst tornadoes in Fort Lauderdale, Florida, the U.S., April 10, 2018 in this still image obtained from a social media video. Emmet Finneran/via REUTERS

By Rich McKay

ATLANTA (Reuters) – Deadly slow-moving storms generated record or near-record snowfall and low temperatures in the U.S. Midwest and tornadoes further east on Sunday, leaving airline travelers stranded and thousands without power.

In Michigan, where snowfall was expected to reach 18 inches in some areas, about 310,000 homes and businesses were without power because of an ice storm, most of them in the southeast of the state.

Large areas of Detroit were without power and customers were not expected to have it back on Sunday night, utility DTE Energy said. It was working to have 90 percent of outages restored by Tuesday, DTE spokeswoman Carly Getz said in a statement.

Cars are seen on a road during a tornado in Mountainburg, Arkansas, U.S., April 13, 2018 in this picture grab obtained from social media video. JOSHUA COLEMAN/via REUTERS

Cars are seen on a road during a tornado in Mountainburg, Arkansas, U.S., April 13, 2018 in this picture grab obtained from social media video. JOSHUA COLEMAN/via REUTERS

The weight of ice on power lines, coupled with high winds, caused more than 1,000 power lines to fall in Detroit and Wayne County, DTE said.

The worst of the snow was focused on the upper Great Lakes, with Green Bay, Wisconsin, seeing its second largest snowstorm ever after 23.2 inches fell as of Sunday afternoon, the National Weather Service said.

For the twin cities of Minneapolis-St. Paul, Minnesota, the April monthly record for snowfall of 21.8 inches (55 cm) was surpassed on Saturday, the National Weather Service said.

Two tornadoes tore up trees and ripped apart homes in Greensboro and Reidsville, North Carolina, killing a motorist who was hit by a tree, according to Greensboro’s city manager, local media reported.

The storms stretched from the Gulf Coast to the Midwest and were moving into the Northeast and New England.

Record low temperatures for the date were expected in Oklahoma City on Monday at 30 degrees F (-1 C), and in Kansas City, Missouri, at 25 F (-4 C), Hurley said.

On Friday, the weather system produced 17 reports of tornadoes in Arkansas, Louisiana, Missouri and Texas, with four people injured and 160 buildings damaged in a possible tornado in northwest Arkansas, local media reported.

The weather was blamed for two traffic deaths in western Nebraska and Wisconsin, according to National Public Radio.

The storms also killed a one-year-old girl when a tree fell on a recreational vehicle where she was sleeping, the sheriff’s office in Bossier Parish, Louisiana, said.

By Sunday night, 1,804 flights had been canceled into or out of U.S. airports, the website flightaware.com reported, including 148 flights in or out of the Minneapolis-St. Paul airport.

(Reporting by Rich McKay in Atlanta; Additional reporting by Bernie Woodall in Fort Lauderdale, Fla. and Andrew Hay in Taos, N.M.; Editing by Adrian Croft and Peter Cooney)

Commuters in U.S. South face tough trek after deadly storm

Snow cover in the U.S. 1-18-18 - National Weather Service

By Rich McKay

ATLANTA (Reuters) – Commuters in the U.S. South faced frigid temperatures and dangerously slick roads on Thursday after a winter storm, responsible for at least eight deaths, thrashed the region with heavy snow and winds that snapped power lines.

Schools in New Orleans, Charlotte and Atlanta and across the region canceled classes on Thursday as winter weather advisories from the National Weather Service (NWS) remained in effect from eastern Texas to Florida and north into southeast Virginia.

“Motorists are urged to use extreme caution, or avoid travel if possible,” the NWS said in an advisory, warning that freezing temperatures would keep roads icy.

Wind chill advisories were in effect as temperatures will feel like they have fallen below zero Fahrenheit (-18 degrees Celsius) in parts of the Carolinas, Alabama and Virginia.

More than 14,000 households and businesses in North Carolina and Louisiana and in various parts of the South were without power early on Thursday, utility companies said online.

The governors of Georgia, North Carolina and Louisiana declared states of emergency because of severe conditions that made traveling treacherous.

“We cannot stress it enough for everyone to stay off the roads unless you have no choice,” North Carolina Governor Roy Cooper said in a statement, adding the storm had caused 1,600 traffic accidents.

More than 9 inches (23 cm) of snow have fallen in Durham, North Carolina since Monday, with 7 inches (18 cm) or more measured at various locations across southern Virginia, the NWS said.

The storm has caused at least eight deaths.

In Austin, Texas, a vehicle plunged more than 30 feet (9 meters) off a frozen overpass on Tuesday, killing a man in his 40s, Austin-Travis County Emergency Medical Service said on its Twitter feed.

An 82-year-old woman who suffered from dementia was found dead on Wednesday behind her Houston-area home, likely due to exposure to cold, the Harris County Sheriff’s Office said. Another woman died from cold exposure in Memphis, police said on Twitter.

In Georgia, two people were fatally struck by a car that slid on an ice patch near Macon, local media reports said.

A man was killed when he was knocked off an elevated portion of Interstate 10 in New Orleans and an 8-month-old baby died in a car crash in suburban New Orleans, local news reports said.

A woman died in West Virginia in a car crash, local reports said.

(Additional reporting by Brendan O’Brien in Milwaukee; Editing by Edmund Blair and Bernadette Baum)