Broward inmate injury lie test mislaid

The following are excerpts from a Miami Herald article dated February 25, 2007, along with corrections and clarifications regarding the reporting in the story.

"...A Broward Sheriff's Office polygraph examiner involved in an investigation into how a jail inmate got severe head injuries has a history of manipulating and misinterpreting polygraph tests."

CLARIFICATION: The "history" referred to are two incidents in the 27 years the examiner has been giving polygraph tests.

The first incident was during an investigation when detectives believed a suspect might be persuaded to make certain admissions if he thought a polygraph test showed certain results. In this case, the examiner was instructed to intentionally administer a phony test. Outside of this limited purpose, neither the examiner nor the detectives ever claimed that the test was legitimate, and it was never used against anyone in any legal proceeding.

This incident, since it was ordered by investigators and intentionally staged had nothing to do with the examiner's competence or ability to accurately give polygraph tests. Sometime later, when the examiner was asked if his actions were consistent with the polygrapher's Code of Conduct, he honestly answered that it wasn't.

The second incident involved a reinterpretation of the results of a test. Polygraphy is an art form that largely depends on the examiner's interpretation. Just as you might get different medical opinions from several doctors, it is not uncommon for different examiners to reach different conclusions.

"...Association members are obliged to abide by its standards, and licenses can be revoked. Hoffman's personnel file shows he has been certified for years. Any complaints are kept secret."

CLARIFICATION: For the reader's clarification, Mr. Hoffman's personnel file is public record, available for inspection, and was examined by the reporter who wrote this story. The secret complaints mentioned by the writer are any complaints that may have been filed with the Polygrapher's Association, which is independent from BSO.

New jails: Is there a need?

The following are excerpts from a Miami Herald article dated February 5, 2007, along with corrections and clarifications regarding the reporting in the story.

"...County commissioners approved $62 million last year to build a 1,000-bed jail in Pompano Beach. When it opens in 2009, it will be the county's third new lockup in less than a decade."

CORRECTION: In fact, the County Commission had budgeted $72 million dollars for the jail construction when the Broward Sheriff's Office offered to manage the project and have the jail built for less money. The Broward Sheriff's Office is not typically involved in the planning and construction of county buildings such as jails, but in this case, BSO is handling the construction for $62 million, saving the county and taxpayers an anticipated $10 million.

"...Critics say new jails don't actually improve public safety."

CORRECTION: Jails are not intended to improve public safety. They are intended to house individuals that the courts or laws require be removed from the general population. Improving public safety is accomplished through a combination of BSO's aggresive law enforcement together with other rehabilitative programs. The Broward Sheriff's Office runs many programs that are responsible for keeping thousands of people who benefit from the help out of jail.

"...The new, 1,000-bed jail will cost $62 million to build, or $62,000 per bed -- nearly double the last jail built, which opened in 2004, costing $36,600 per bed. The jails will be about the same size and layout."

CORRECTION: Building costs have risen significantly since the construction of the last facility. In fact, according to research by the Association of General Contractors of America, "...the cost of materials was flat in 2001, rose moderately in 2002 and 2003, then shot up by 10.1 percent in 2004. In 2005, that index climbed slightly more than the overall PPI [producer price index], 6.1 percent vs. 5.4 percent. In the [first three months of 2006] the construction materials PPI has risen a steep 2.5 percent....".

"...Broward County commissioners turned over the task of planning the new jail to Jenne, who will control which firms get the jail's construction and service contracts....Unlike local cities, whose elected officers must vote to award contracts to vendors at public meeting, the sheriff is the sole decision-maker who awards BSO contracts."

CORRECTION: The Broward Sheriff's Office process for selecting a contractor involved a three-person panel of experts that did not include Sheriff Ken Jenne. The three individuals independently evaluated and rated each bid submitted. Each potential contractor was evaluated on merits. Sheriff Ken Jenne did not submit any names, nor did he select any members of the panel. The final decision was made entirely by the panel.

"...To manage the jail population, Cloney and others say Broward judiciary and law enforcement must focus on reducing the average length of inmate stay, which is currently around 31 days."

CORRECTION: The Broward Sheriff's Office runs several programs designed to reduce the number of inmates, and the length of inmate stay. There are nearly 1,000 people in BSO's Drug Court Treatment Division. Over 700 individuals are currently in BSO's Day Reporting program. An additional 1,900 are part of BSO's electronic monitoring program. BSO also supervises over 4,000 people in our probation division.

"...The sheriff faced harsh questions about his decision for a $127 million, five-year contract he awarded in 2004 to a Coconut Creek-based inmate healthcare firm. The company, Armor Correctional Health Services, is owned by a major campaign contributor whose lobbyists included a close friend of the sheriff."

CORRECTION: For the reader's information, because of Armor's qualifications and performace, several other large agencies have also contracted for their services, including Hillsboro, Palm Beach, Seminole, Martin, Brevard, Glades and Escambia counties to name a few. Due to its quality of service and reputation, it is currently one of the fastest growing jail healthcare providers in the country. One of their executives was also recently selected to serve in a high-level position in the new administration in Tallehassee.

Report on injuring of inmate draws rebukes

The following are excerpts from a Miami Herald article dated January 13, 2007, along with corrections and clarifications regarding the reporting in the story.

"...BSO records of the investigation show detectives did not question under oath a number of witnesses, including the deputy who found Jones lying in a pool of clotted blood."

CORRECTION: Every inmate present in the group of cells during the incident was questioned under oath. Approximately 40 interviews were done. Both the deputy who found Jones as well as a second deputy on the scene was questioned by investigators at the scene, and both deputies followed up that questioning with signed statements that are part of the investigation.

"...Likewise, detectives did not re-interview under oath three prisoners and two guards after they were accused by an inmate late in the investigation of conspiring to beat Jones. Two other inmates identified by that prisoner as witnesses also were not questioned under oath."

CORRECTION: The inmate who made the accusations was an individual with a history of lying to detectives in previous cases. His credibility was suspect from the beginning. Never-the-less, detectives interviewed him on two separate occasions and gave him a lie-detector test to see if he was being truthful about the new allegations. He failed the test which showed he was not telling the truth in this case as well.

"...The Jones report, written Sept. 25 but only recently released..."

CORRECTION: The report is public and has been available since September to any member of the public or media who would have asked for a copy. It was only "recently released" because someone only recently thought to ask for a copy.

"...Finkelstein also criticized BSO for investigating itself. He said police have ''every motive and incentive'' to absolve the agency of fault."

CORRECTION: Just about every police agency in the country has an internal affairs division whose job it is to investigate cases involving its own department members. It is common practice for a police agency to "investigate itself." While most internal affairs cases involve possible violations of policies and procedures, any evidence of a criminal nature is also included in any internal affiars investigation and leads to criminal charges when appropriate. In fact, recently a deputy was criminally charged after a BSO internal affairs investigation uncovered evidence that led to his arrest.

"...Neither Palmer nor Derrick Gordon, the control room deputy Palmer had asked to summon help, were questioned under oath."

CORRECTION: Both deputy Palmer and deputy Gordon were questioned extensively by investigators at the scene. Both also submitted signed statements attesting to what happened. Their statements are part of the investigation.