Opinion
6:11-cr-401-RBD-DAB
06-06-2022
UNITED STATES OF AMERICA v. FREDERICK MERVIN BARDELL
SOMADINA NWOKOLO, ESQUIRE BRADLEY ARANT BOULT CUMMINGS, LLP TEMPORARY SPECIAL MASTER, JULIE POSTERARO, ESQUIRE ATTORNEY FOR PLAINTIFF UNITED STATES OF AMERICA ALICIA S. MILLER, ESQUIRE ATTORNEY FOR BUREAU OF PRISONS
Dated: May 12, 2022
TIME: 3:05 p.m. to 4:29 p.m.
PURSUANT TO: Notice by counsel for Temporary Special Master for purposes of discovery, use at trial, or such other purposes as are permitted under the Federal Rules of Civil Procedure
REMOTELY REPORTED BY: Julie R. B. Agustin Notary Public State of Florida
SOMADINA NWOKOLO, ESQUIRE BRADLEY ARANT BOULT CUMMINGS, LLP TEMPORARY SPECIAL MASTER, JULIE POSTERARO, ESQUIRE ATTORNEY FOR PLAINTIFF UNITED STATES OF AMERICA
ALICIA S. MILLER, ESQUIRE ATTORNEY FOR BUREAU OF PRISONS
DEPOSITION OF RANDOLPH KING (Conducted Via Video Conference)
INDEX
DIRECT EXAMINATION BY MS. NWOKOLO Page 4
CERTIFICATE OF OATH Page 48
CERTIFICATE OF REPORTER Page 49
READ & SIGN LETTER Page 50
ERRATA SHEET Page 51
EXHIBITS
Number Description Marked
Exhibit 19 Page 45
(Email Chain)
RANDOLPH KING, the witness herein, being first duly sworn on oath remotely, was examined and deposed as follows:
DIRECT EXAMINATION
BY MS. NWOKOLO:
Q. Good afternoon. For the record, my name is Somadina Nwokolo. I am assisting counsel in this special master investigation and counsel assisting Special Master Lee Bentley who will not be here today.
Also in the deposition is Alicia Miller from the Bureau of Prisons and Julie Posteraro, the United States Attorney for the United States.
And, Mr. King, have you ever been deposed before?
A. No, ma'am.
Q. Okay. I'm just going to ask you a series of questions. The court reporter is here and she'll be making a transcript of what's said today.
Just please remember that you are under oath.
And please just give audible answers. I know we can see one another, but if you nod your head or shake your head, that won't show up in the transcript.
If you need to take a break, that's fine.
Please just let me know and we can take a break.
And then, finally, I've said this to all the deponents, but I'm not going to be asking for anything that you may have discussed with an attorney, so privileged communications. And to the extent that you feel I am asking that, please let me know.
And then on that note, if I do ask about a privileged communication, that could draw an objection from one of the attorneys on the video. If that happens, you'll probably be instructed not to answer the question.
If there's any other reason that -- if there's any other reason that an objection is filed -sorry -- that an objection is lodged, they will just state that objection for the record and then I'll just ask you to continue answering my question unless you're asked not to answer it. Understood?
A. Yes, ma'am.
Q. Okay. So let's go ahead and get started.
If you could, just state your current position and how long you've held it.
A. Case manager, and four years this month.
Q. Okay. And have you been at the Seagoville facility that whole time?
A. Four years in Seagoville as case management, yes, ma'am.
Q. Okay. Have you been previously employed by the Bureau of Prisons?
A. Yes, ma'am. I've worked three other institutions.
Q. What institutions are they?
A. FCC Yazoo City, FCI Aliceville, and FCI Big Spring.
Q. Can you please repeat those?
A. FCC Yazoo City, Aliceville, and Big Spring.
Q. And where are those located?
A. Mississippi, Alabama, and Texas.
Q. Okay. And what was your position at each of those facilities?
A. I was an officer at Yazoo, and Aliceville was R&D at Aliceville, and counselor at Big Spring.
Q. Okay. And when you said that you were an officer -- did you say Yazoo? That's the institution?
A. Yes, ma'am.
Q. Okay. And is that a correctional systems officer?
A. No, ma'am, just a correctional officer.
Q. Correctional officer, thank you.
You also mentioned that you were on the receiving and discharge team, and was that at Aliceville?
A. Yes, ma'am. I was correctional systems officer there.
Q. Okay. So you were a correctional systems officer on the R&D team; is that correct?
A. I worked records, mailroom, and R&D.
Q. And then finally in Texas you were a counselor?
A. Yes, ma'am, before I got here.
Q. Okay. And am I correct that a counselor is part of the unit team?
A. Yes, ma'am.
Q. Okay. If you could, briefly describe your role, and by that I mean what your responsibilities were as correctional systems officer in Aliceville.
A. Okay. You want me to specify each department or kind of be generic?
Q. I'm asking specifically as it relates to release procedures. I apologize for not clarifying that.
So if you could, specify your role as a correctional systems officer in the context of release procedures.
A. Okay. Verify that all the release paperwork is there prior to release, ensure that inmate travel has been arranged. We would identify inmates prior to their release and get authorizations signed by the authorizations lieutenant, also satisfy the sentence computations to make sure that, you know, all that's been completed prior to their release.
Q. You mentioned that one of your responsibilities as CSO at Aliceville was to get authorizations signed by operations manager; is that correct?
A. Yes, ma'am.
Q. Okay. Can you go into a little more detail about what that involved?
A. The release authorizations were signed by the correctional systems officer, the SCSS, which would've been my supervisor at that time, and we also had to have the operations lieutenant identify the inmate prior to their release, so three different signatures.
Q. Can you repeat the last signature?
A. The operations lieutenant just to identify so that he can verify with the control room officer that this inmate is authorized to release.
Q. Are you familiar with the paperwork that had to be signed by these three individuals?
A. I used to be.
Q. Okay. But you're not currently familiar with it?
A. I mean it was seven years ago, so if things changed -- I don't think they have but I don't know for sure.
Q. Okay. So maybe it will be helpful to go through each one one by one.
So what release authorizations would the correctional systems officer have to sign off on?
A. Just the one that has the inmate's release address, their picture, a thumbprint we would verify, and that would be the same one that the SCSS would sign and the operations lieutenant.
Q. Do you remember what that paperwork was called?
A. No, ma'am, other than the release authorization. That's what we called it.
Q. Is there any other paperwork that you remember being signed by either of those three individuals?
A. No, ma'am, not that I recall.
Q. I'm going to share my screen in just a moment.
Mr. King, can you see my screen?
A. Yes, ma'am.
Q. Okay. I am showing you what's been previously marked as Exhibit 11 throughout these depositions, and this is what I know to be called a Release Authorization. It has a thumbprint and a picture like the document that you've previously referenced.
Is this the document that you were referencing that is signed by the correctional systems officer, the CSS (sic), and the operation lieutenant?
A. It looks similar.
Q. Okay. I'm going to stop sharing now.
You also mentioned that you worked as part of the unit team in Big Spring; is that correct?
A. Yes, ma'am.
Q. Okay. And you were a counselor. What were your responsibilities as a counselor?
A. As a counselor I was responsible for sanitation, bunk assignments, visitation lists, making sure those were accurate and up to date. I would also sit in with the program reviews every six months for the teams.
Q. What is a program review?
A. It's where the inmate comes and sits down with his unit team and goes over his goals, progress he's made, things like that.
Q. When you say "progress," what do you mean by that?
A. Each team, we're assigned to give the inmate goals that they can accomplish while they're incarcerated hopefully to make sure that they don't, you know, come back. So the more programming they do -- you know, we just monitor that to make sure that they're programming, staying out of trouble, just furthering them, getting them ready to release.
Q. Okay. And in that position you were part of the unit team, and you're currently part of the unit team; is that correct?
A. Yes, ma'am.
Q. Okay. Can you describe the reporting structure of your team at Seagoville?
A. Okay. We do it -- for inmates that are under a year, we do it every 90 days. For inmates that have over a year to their release, we do it every six months, so 180 days.
We place them on callout, sit down with them, go over everything that the Insight Program has to include emergency contact, release address if they have one on file, their release date obviously, any programming that they've done over the past six months, and then set goals for the next six months and a year or farther out.
Q. Okay. And that is the same progress report you mentioned that you worked on as a counselor?
A. I didn't work on them. I just sat in on them.
Q. Okay. But is it the same progress report that you sat in on as the counselor?
A. It's a program review, team review, not necessarily a progress report. It's two separate things.
Q. Okay. So when we discussed the progress -the program review as a counselor, that's different from the reporting structure you just described?
A. Yes, ma'am. Well, it's the same thing. I just had a different role.
Q. Okay. So at Seagoville you're part of the unit team. Which unit?
A. 6 Building Echo.
Q. And who else is on that team?
A. Supervisor is Ms. Evans. We have the secretary Mr. Beasley currently, Counselor Nelson, Mr. Hollins is responsible for the first half of the caseload and then I'm responsible for the last half, L through Z.
Q. So Mr. Hollins is responsible for inmates with the last name A through M?
A. A through K.
Q. A through K, thank you.
And you're responsible for inmates with the last name L through Z; is that correct?
A. Yes, ma'am.
Q. Okay. So during an inmate release, what are your responsibilities as case manager?
A. Verify that they have a release address, get the approval especially if they're an SO, sex offender, to get the approval from the U.S. Probation Office if they have supervision. We will work on a progress report and a release plan. We also do halfway house paperwork usually about 18 months prior to their release. Any relocations of supervision through the USPO, I do those two years out.
Q. Okay. So I have as part of your responsibilities as a case manager for releases, verifying the release address; is that correct?
A. Yes, ma'am.
Q. Getting approval from the probation officer especially if they're a sex offender; is that correct?
A. Yes, ma'am.
Q. Working on a progress report and release plan; is that correct?
A. Yes, ma'am.
Q. And then working on getting supervision from the U.S. Probation Office; is that correct?
A. Yes, ma'am; the relocation.
And I should add, we do the release notifications as well. And we have to verify with the Walsh Act review panel in DC for sex offenders to make sure that they don't need to be civilly committed.
Q. Okay. What release notifications do you have to send?
A. It's referred to commonly here as to the VCCLEA. So we send out the release notification typically no more than two weeks prior for street releases.
Q. And then can you explain the process of getting verification from the Walsh Act panel?
A. Usually just send an email up to the review panel and get their response. We'll print that for the hard file, and I think -- pretty sure the secretaries use it when they route the paperwork.
Q. What do you mean when you say "route the paperwork"?
A. The release packet. They'll put it in the packet for the release. They'll scan it and upload it for that.
Q. And where does it get uploaded?
A. Insight Program, the electronic central file.
Q. Sorry. Can you repeat that?
A. It will go into the Insight Program. I'm not sure if they upload it into the central file or just leave it as an attachment in the release packet.
Q. And what is the Insight Program?
A. It's the new bureau way to monitor inmates.
Q. Okay. So a lot of these you mentioned that you'll arrange supervision from the U.S. Probation Office two years out and a lot of these other items some weeks before the actual release.
How does that change for a compassionate release where you've got an order and that person is leaving very soon?
A. Nothing should change. It should still have all the paperwork done.
Q. Okay. How do the time frames change? So, for example, you mentioned that you work on a progress report and a release plan. I mean how quickly does that have to be completed for a compassionate release?
A. For a compassionate release, if we get the notification that it's going to be an immediate release, then we'll do it the same day.
Q. And what does that process involve?
A. Have the inmate come in the office, notify them that they're going to get a compassionate release, and start working on the paperwork, doing the progress report, the release plan, get the address from the inmate of where they're supposed to release to.
Q. And you also mentioned the importance of getting that address approved if an inmate is a sex offender; correct?
A. Yes, ma'am.
Q. Okay. So what is your process for approval of an address for a sex offender?
A. Normally I'll reach out -- like I said, normally I'll do all this months in advance -- but reach out to Probation via email saying, "This is the proposed address. Can you please investigate and let us know if it will be approved or denied?"
Q. You mentioned that you reach out to the Probation Office via email. Do you ever communicate with them in any other ways?
A. Occasionally if I don't get things done timely I will have to call them.
Q. What do you mean by if you don't get things done timely?
A. Normally they have 30 days to respond to an investigation -- or a release investigation. If they don't respond back in 30 days, I'll send a follow-up email typically. If I don't get a response from that after the second email, I'll call them on the phone or, you know, if needed, if it's getting super short, I'll go ahead and pick up the phone and try to get an address approved.
Q. Okay. Is it your understanding that an address must be approved before a sex offender can leave the facility?
A. I'm not for sure if that's just practice or if it actually has to be.
Q. Okay. What is your practice?
A. Our practice is that sex offenders do not release homeless.
Q. Okay. And so does that mean that the Probation Office -- your practice is that the Probation Office must approve an address for a sex offender before they leave the facility?
A. Yes, ma'am.
Q. Is your practice different for compassionate release orders?
A. Not that I'm aware of.
Q. So you mentioned that you're not sure if that's a practice or if that's a requirement. How did you come to develop that practice?
A. Our CMC here pretty much -- or she told us, "You will not sign off on anything that's a sex offender that does not have a good address." So any paperwork will just get denied until we get an address.
Q. How does the CMC know whether it's a good address or not?
A. I will attach the approval letter from the USPO and all of my paperwork or an email if that's what they sent.
Q. Did you say "approval letter"?
A. Yes, ma'am, if the probation officer sends an approval letter.
Q. Okay. And what kind of letter is that? I mean what's the format?
A. It's usually just memo format and they'll have the address and they investigated it and they'll say either "approved" or "denied" at the bottom.
Q. And sometimes they just send that in an email?
A. Sometimes they just send an email saying "address is approved." It depends on the Probation Office.
Q. Do they ever call and give a verbal approval?
A. No, ma'am.
Q. Okay. And the practice at Seagoville is that the CMC -- which is Ms. Kennedy; is that correct?
A. Yes, ma'am.
Q. Okay. So the practice is that Ms. Kennedy will deny a release paperwork if there's -- an approval is not attached?
A. Yes, ma'am.
Q. Is that correct?
A. Yes, ma'am. She'll send it back.
Q. Okay. Mr. King, I understand you said earlier that you're assigned to inmates L through Z at the Seagoville facility; correct?
A. Yes, ma'am.
Q. Okay. And today we're here about inmate Frederick Mervin Bardell whose last name starts with a B; correct?
A. Yes, ma'am.
Q. So he would've been assigned to Mr. Hollins; is that correct?
A. Yes, ma'am.
Q. My understanding is that Mr. Hollins was not -- was on leave or was not at the facility the day of Mr. Bardell's release on February 8, 2021; is that correct?
A. Yes, ma'am.
Q. Okay. Were you assigned to cover
Mr. Bardell's release on February 8, 2021?
A. Ms. Evans asked me -- or told me we had an immediate release and asked me if I would start the paperwork, so that's what I did.
Q. And what paperwork did you complete that day?
A. I'm pretty sure I did the release plan. I know I did the release notification. I emailed the Walsh review panel. I may have done the progress report. I can't remember.
Q. Did you meet with Mr. Bardell?
A. Yes, ma'am.
Q. Okay. Did you meet with him about his release address?
A. Yes, ma'am. I called him in my office.
Q. Okay. And did you get approval of that address from the Probation Office?
A. No, ma'am.
Q. Why not?
A. It slipped my mind.
Q. And when you sent up the paperwork without the approval, it didn't get kicked back?
A. No, ma'am.
Q. Are you aware of any other time that that's happened, that it hasn't gotten kicked back without an approval from the Probation Office?
A. No, ma'am.
Q. Did you receive the release order that granted Mr. Bardell's compassionate release?
A. I believe I did after I reviewed it all. It was in an attached or forwarded email as an attachment.
Q. Okay. Did you read it?
A. No, ma'am, not that day.
Q. When did you read it?
A. After all this happened.
Q. When you say "all this," what do you mean?
A. When people started questioning what happened about the release, I went back through to see what information I had, and that's -- because I didn't remember seeing it at all. So I went back to look for it specifically, and that's when I found it as an attachment in forwarded emails.
Q. Okay. I'm going to share my screen.
Can you see my screen, Mr. King?
A. Yes, ma'am.
Q. Okay. I'm sharing the release order from the district court for Mr. Bardell which was issued on February 5, 2001, and this has been previously marked in a prior deposition for identification as Exhibit 6.
And the portion I'd like you to pay attention to is page six and specifically page five. Mr. King, can you see well enough to read that provision?
A. Yes, ma'am.
Q. Okay. Can you read it out loud, please?
A. "Federal Bureau of Prisons is directed to release Defendant Frederick Mervin Bardell immediately after the United States Probation Office approves a release plan."
Q. Okay. And what is your understanding of what that -- what that would require?
A. Probation's approval prior to his release.
Q. Okay. And is that consistent with your practice as the case manager at Seagoville?
A. I'm not sure I understand what you're saying or asking.
Q. All right. Let's back up.
What is your understanding, again, of this provision that you just read?
A. That this inmate should be -- or is -- should be released after the Probation Office approves his release plan.
Q. Okay. And you mentioned earlier that your CMC requires that the Probation Office approve a release plan before a sex offender can be released; is that correct?
A. Yes, ma'am.
Q. And did you know that Mr. Bardell was a sex offender?
A. Yes, ma'am.
Q. Okay. So would you agree that this provision is consistent with the practices that you followed at Seagoville?
A. Yes, ma'am.
Q. Thank you. I'm going to shop sharing my screen now.
Actually, I'm going to share it again. Bear with me.
Mr. King, can you see my screen?
A. Yes, ma'am.
Q. Okay. I've pulled up what has been previously marked for identification in prior deposition as Exhibit 5. Mr. King, do you recognize this document?
A. Yes, ma'am.
Q. Okay. What is it?
A. It's a supervised release plan.
Q. Okay. And at the bottom it looks like you signed this; is that correct?
A. Yes, ma'am.
Q. And this was signed on February 8, 2021?
A. Yes, ma'am.
Q. And is this the supervised release plan that was completed for Mr. Bardell?
A. Yes, ma'am.
Q. Okay. On this form is an address. It's been redacted and it was filed with the court, and you can tell because there's a stamp at the top, a case filing stamp. So it's been redacted for that purpose. But would you have entered that address?
A. Yes, ma'am.
Q. And who do you believe was responsible for completing this form?
A. I was.
Q. And Ms. Evans' name is also on this form and her signature is at the bottom; is that correct?
A. Yes, ma'am.
Q. Was she also responsible for completing this form?
A. Yes, ma'am.
Q. After a supervision release plan is completed, what happens?
A. I don't understand the question.
Q. Does this plan get sent anywhere? I mean after it's completed, who does it get sent to?
A. Typically it would get sent to the U.S. Probation Office with the progress report.
Q. Okay. And do you know the purpose of sending it to the United States Probation Office?
A. For their approval.
Q. Okay. Are you aware that -- are you aware that the -- sorry. Let me rephrase.
Are you aware of whether an investigation of this address took place?
A. No, ma'am.
Q. Okay. Would it surprise you to hear that an investigation did take place?
A. I don't know.
Q. Did you ever receive any notification from Probation as to whether this address was approved or denied?
A. No, ma'am.
Q. Okay. Did you send this to the Probation Office, this form?
A. No, ma'am.
Q. I'm going to ask you why again.
A. It slipped my mind. I forgot.
Q. Mr. King, who is responsible at Seagoville for making sure that all release paperwork is completed and sent where it needs to be?
A. I would say the unit managers, possibly the CMC as supervision over the case managers.
Q. Do you believe that you're responsible?
A. Yes, ma'am, I do as well.
Q. And when it comes to release orders, are you aware of any attorneys that are involved in reviewing a release order before it's completed by the team?
A. No, ma'am.
Q. Are you aware of any attorneys that review release orders after it's completed by the team?
A. No, ma'am.
Q. Who -- I mean who is it, in your understanding, is responsible for making sure a court order concerning a release is followed?
A. All of us.
Q. When you say "all of us," what do you mean?
A. Everybody to include the unit team; the records office; DSCC, who should be the ones verifying the court order is accurate and official.
Q. Do you typically read court orders for release?
A. I've only had one prior release, and I can't recall -- prior immediate release I should say.
Q. Okay. Do you believe it's your responsibility to read those orders?
A. I do now.
Q. Why did that change?
A. Because I need to make sure that I'm doing everything as the court ordered.
Q. Mr. King, have you ever received any training on how to handle a compassionate release order?
A. Not that I recall.
Q. Mr. King, I understand that as part of release procedures the case manager may call an individual on the inmate's behalf; is that correct?
A. I've never done that. Unless it's Probation, I've never spoken with anyone else about their release.
Q. Okay. For Mr. Bardell, you mentioned earlier that he met with you and you got his release address; is that correct?
A. Yes, ma'am.
Q. Okay. Can you describe what else happened during that meeting?
A. I called him to my office. I told him we're working on an immediate release for him. I generated the progress report and release plan and had him sign, and then he left.
Q. How long would you estimate that meeting was?
A. Probably 10, 15 minutes.
Q. Had you ever met Mr. Bardell before?
A. Not to my knowledge.
Q. Did you meet with him again that day?
A. No, ma'am. He walked past my office probably to go to the secretary's office, but I never engaged with him after that.
Q. And how did he appear to you?
A. He looked like an inmate, older man.
Q. How old would you estimate him to be?
A. 65 or 70.
Q. Do you know how old he is?
A. No, ma'am.
Q. Would it surprise you to learn that he was 54?
A. No, ma'am.
Q. I mean you estimated him to be a lot older than that. Why would it not surprise you?
A. Because inmates typically age faster than people in the real world.
Q. Why do you believe that is?
A. They've lived a hard life.
Q. Was there anything that you observed about Mr. Bardell that would have lead you to believe that he was?
Sick.
A. No, ma'am.
Q. Did he -- did he ask for a wheelchair while he was with you?
A. Not that I recall.
Q. Did you see him in a wheelchair?
A. No, ma'am.
Q. Did you speak to anyone else that may have seen him in a wheelchair?
A. I don't recall.
Q. You mentioned earlier that you have now -you have now read the release order; correct?
A. Yes, ma'am.
Q. Do you now know him to be sick, or at the time?
A. Yes, ma'am.
Q. You mentioned that you previously worked on the release and discharge team at Aliceville; is that correct?
A. Yes, ma'am.
Q. And is part of those responsibilities delivering an inmate to his method of transportation out of the facility?
A. Yes, ma'am.
Q. Are there any -- first of all, let me back up.
Who is responsible for arranging transportation of an inmate that is going to be released?
A. At Seagoville or Aliceville?
Q. Both.
A. Aliceville, R&D took care of travel arrangements. At Seagoville the secretaries handle it.
Q. So in your experience working with R&D at Aliceville did you ever arrange transportation for a released inmate?
A. Yes, ma'am.
Q. And what kind of considerations do you take into -- take under advisement in determining what transportation they would take?
A. Typically how much the travel would be, cost to the government. We normally would send most releases via Greyhound if they didn't have a POV.
Q. If they didn't have a what?
A. A personally owned vehicle come pick them up.
Q. Any other considerations you can remember?
A. No, ma'am.
Q. Did you ever take an inmate's medical condition into the consideration?
A. No, ma'am.
Q. Do you have any experience with an inmate leaving a prison in an air ambulance?
A. No, ma'am.
Q. At Aliceville was the health services division part of the release process?
A. Health services would provide a 30-day supply of medication that inmates were prescribed, and past that, I'm pretty sure that was it.
Q. At Aliceville did inmates have to undergo medical clearance before they left the facility?
A. No, ma'am, not that I recall.
Q. Did inmates have to undergo a physical before they left the facility at Aliceville?
A. No, ma'am, not that I recall.
Q. So no other involvement with the health services division, to your -- to your recollection?
A. No, ma'am.
Q. What is the involvement of the health services division and releases at Seagoville, to your knowledge?
A. At Seagoville the only thing I get from health services is an exit summary stating that the inmate is cleared for transfer to a halfway house. Past that, I don't ask them for anything else and they don't provide anything else.
Q. So in a situation where an inmate is not being released to a halfway house, that's known as a street release; right?
A. Yes, ma'am.
Q. Is the health services division involved in street releases at all?
A. No, ma'am.
Q. Are you aware whether an inmate's medical condition is a consideration for release -- or transportation for released prisoner at Seagoville?
A. No, ma'am.
Q. Mr. King, when you met with Mr. Bardell on the day of his release, did you notice whether he had any problems walking?
A. I don't recall.
Q. Did he appear weak to you?
A. I don't remember, ma'am.
Q. I'm going to share my screen again, so bear with me.
Can you see my screen, Mr. King?
A. Yes, ma'am.
Q. I'm showing you what has been previously marked for identification in a prior deposition as Exhibit 9, and this is a joint status report that was filed in the court by the United States and Mr. Bardell's attorney on February 12, 2021. And you can tell because the date is at the top as well as the court stamp.
So I'm going to scroll down to page five, and there's a picture here. It is upsidedown, so bear with me. Do you recognize this man, Mr. King?
A. No, ma'am.
Q. Would it surprise you to learn that this is Mr. Bardell?
A. No, ma'am.
Q. Does this man look like the Mr. Bardell you met with on February 8, 2021?
A. I don't really remember.
Q. So you wouldn't remember what Mr. Bardell looked like?
A. I mean I know he was old, bald, he was a white male. I don't remember too many specifics.
Q. Okay. But would you agree that that description is consistent with the picture that's in front of you right now?
A. Yes, ma'am.
Q. I'm going to stop sharing my screen. actually, one more question before I stop sharing. Does the man in the picture look ill to you?
A. Yes, ma'am.
Q. If the man in the picture had met with you in your office, would you have described him as ill?
A. If the man in the picture had met with me in my office, yes, ma'am.
Q. Okay. So I have turned this picture back upsidedown so that the rest of it is right side up.
But, Mr. King, this picture is attached to a document that I'm showing you right now, and can you read the date at the top?
A. February 12, 2021.
Q. So is it correct that that would've been four days after you met with Mr. Bardell?
A. Is that the date, four days after we released him?
Q. Correct.
A. Yes, ma'am.
Q. I'm going to stop sharing my screen now.
Mr. Bardell -- sorry -- Mr. King, you mentioned earlier that your CMC, Ms. Kennedy, did not allow release paperwork to be completed -- well, she sent it back if there was no approval from the Probation Office on file; is that correct?
A. Yes, ma'am.
Q. Are you aware of any other circumstances or any circumstances at all whether an -- where an inmate could be released without approval from Probation?
A. If they don't have supervision. Normal full-term release with no supervision we don't have to have approval.
Q. Mr. King, is there always supervised release for sex offenders?
A. No, ma'am.
Q. Okay. So if an inmate was released full-term supervised release and they're a sex offender, would you still have to get approval for the release address?
A. I'm sorry. What?
Q. So you mentioned earlier that an inmate can be released without probation's approval if it's a full-term supervised release; correct -- or full-term release with no supervised release; is that correct?
A. Yes, ma'am. Yes, ma'am.
Q. You know, I don't know the answer to this question, but in a scenario where there's a full-term release without surprised release and the inmate happens to be a sex offender, would you still have to get probation's approval for the release address?
A. No, ma'am. We do not have to have their approval, but we typically will send out the address anyway just to make sure that there are no conflicts from them. It's more of a courtesy than anything else.
Q. Let me break that down.
Is it your understanding that for sex offenders generally the release address has to be approved?
A. Yes, ma'am.
Q. Okay. But it's your understanding that if it was a sex offender that had no supervised release and it was a full-term release, then there would be no requirement for approval of address by probation; is that correct?
A. Yes, ma'am.
Q. Has that ever occurred?
A. Yes, ma'am. I'm working on one right now.
Q. So you said you're working on a full-term release of a sex offender that has no supervised term of release; is that correct?
A. Yes, ma'am.
Q. So it's your understanding that you are not required to notify Probation but you typically do as a courtesy; is that correct?
A. Yes, ma'am.
Q. Was it your understanding that Mr. Bardell had a supervised term of release?
A. I don't remember.
Q. Did you believe that it was required for you to get his release address approved by Probation?
A. Yes, ma'am.
Q. And why do you believe that?
A. Because he was a sex offender.
Q. Okay. And so I guess the difference is that he -- the difference with that situation from the one you're working on right now is that it wasn't a full-term release; is that correct?
A. Yes, ma'am.
Q. And where -- the understanding that it's not a requirement to get an address approved by Probation for a full-term release even if there's a sex offender, where does that come from?
A. Well, from my dealings with it, it comes from Probation. From the ones that I have sent that don't have supervision, they tell me, you know, "He's no longer on supervision so it's not required."
Q. And can you point to a specific instance when you've been told that?
A. I'm sure I have an instance. I used to have the emails saved from Probation every time they would respond.
I can't think of an inmate in particular. As
I said, I'm working on one right now. Inmate Stewart out of the Northern District of Texas, they responded back, because he's homeless, and they said he doesn't have any supervision, so they recommended that he go to some gospel mission address.
MS. NWOKOLO: Can we take a five-minute break?
MS. POSTERARO: Yes.
(Recess taken from 4:02 p.m. to 4:09 p.m.)
BY MS. NWOKOLO:
Q. Mr. King, are you familiar with the prisoner release notification form?
A. Yes, ma'am.
Q. Can you describe to me what that is?
A. It's a release notification form that we send to attorney generals, local law enforcement, Sex Offender Registry, Travel Law Enforcement if it's applicable, and U.S. Probation Office.
It'll have the law -- it's relevant whether it's a sex offense, a violent offense, or a drug offense, the inmate name and number, release dates, what they're convicted of, and a brief synopsis of their crime to include any terms of supervision.
Q. Okay. And so that gets sent out to the U.S. -- sorry -- the U.S. Probation Office if a sex offender is released; is that correct?
A. Yes, ma'am.
Q. And does it matter whether the sex offender has a term of supervised release?
A. No, ma'am.
Q. It gets sent out regardless?
A. Yes, ma'am.
Q. Okay. And at what point does it get sent out, at what point in the release procedure?
A. Normally it will be sent out, for a street release, no more than two weeks prior.
Q. Okay. And for an immediate release or a compassionate release?
A. As soon as we can get the warden's signature on it.
Q. Does anything have to come back from the Probation Office on the prisoner release notification?
A. No, ma'am.
Q. Do you usually hear back?
A. No, ma'am.
Q. Do you usually hear back from anyone else?
A. No, ma'am.
Q. Before an inmate can leave a prison facility, specifically Seagoville, who has the final signoff on the release paperwork?
A. I couldn't tell you.
Q. What paperwork do you believe must be completed for an inmate to walk out the door?
A. The release packet.
Q. Okay. Is there any one form that, you know -- like, for example, we talked about the release authorization. Is it your understanding that that has to be signed before a release -- a prisoner can release?
A. Yes, ma'am.
Q. Okay. In combination with the other ones?
Or is that, like, the final form that needs to be signed?
A. The release authorization, when I worked in R&D, was the final form that was signed off on.
Q. Okay. And who signs that?
A. The release authorization would be signed by correctional systems officer, supervisor correctional systems specialist, and the operations lieutenant.
Q. And so based on the fact that the release authorization form in your understanding is the final form to be signed, is it also your understanding that the correctional systems specialist, the CSO, and the operations lieutenant have the final signoff before a prisoner can walk out on a release?
A. Yes, ma'am.
Q. Is any one of those three more responsible than the other?
A. I can't say.
Q. Does Seagoville have an operations lieutenant?
A. Yes, ma'am.
Q. Who is that?
A. It varies from shift to shift.
Q. How many do they have?
A. There are three shifts, so there's morning watch, day watch, and evening watch.
Q. Okay. So would there be three operations lieutenants total?
A. There's more than that. They do shift work so they have to have days off and all that.
Q. And you said that they would sign the prisoner -- the release authorization?
A. I don't know if they do that here. That was when I was in Aliceville.
Q. So what is your understanding of who has to sign the release authorization form at Seagoville?
A. I don't know. I don't work in that department.
Q. Okay. Is it still your understanding that would be the final form that needs to be signed before an inmate can walk out the door?
A. Yes, ma'am.
Q. Who has final approval of whether an inmate can be physically released?
A. I couldn't tell you.
Q. Is it your understanding that the Bureau of Prisons has an obligation to transport an inmate to their release location?
A. Yes, ma'am.
Q. When an inmate is ill, what obligation does the Bureau of Prisons have to get him an appropriate transportation?
A. I don't know. I don't deal with the transportation.
Q. Okay. Who would know the answer to that question?
A. Probably the secretaries since they're the ones that arrange all the travel.
Q. Anyone else?
A. The unit managers might know.
MS. NWOKOLO: Okay. I think that I am finished, but if you could just give me a couple minutes to make sure that I can -- that I'm finished.
BY MS. NWOKOLO:
Q. I have a few more questions.
First, you mentioned the responsibilities that you have as a case manager with respect to release paperwork. Did you ever receive any training on what release paperwork must be completed?
A. I went to case manager training in Colorado probably two years ago, maybe three.
Q. And did you receive any written instructions or written paperwork?
A. Not that I recall.
Q. Okay. So it was all verbal training?
A. They gave us a binder, and we covered everything in three days.
Q. Did they give you a binder to keep?
A. Yes, ma'am.
Q. What was in that binder?
A. Slide shows of case manager responsibilities, just general information, nothing specific.
Q. So when a release order comes down, such as a compassionate release order that was the case here, is it true that there's kind of an order that the release -- the release procedures goes through?
A. Yes, ma'am.
Q. And what do you understand that order to be?
A. The order goes to the records office, verifies through the SEC. Once it comes back that it's accurate and legit, then it'll go to the unit team for the paperwork to start, and then the secretaries will arrange transportation.
Q. So the process you just described, was that something you went over in your case manager training?
A. I don't remember.
Q. So how do you know that process?
A. It's what we do. I mean I've done an immediate release I think I said this was my second one. I worked a few on the other side when I was in R&D in Aliceville.
Q. Did you ever receive any written instructions to tell you how to -- how to process a release order?
A. Not that I recall.
Q. So how did you learn the process?
A. You ask questions and you learn.
Q. So who at Seagoville do you ask questions to about the release process?
A. I would ask my supervisor. I would ask Ms. Kennedy, Ms. Ruiz.
Q. So you would ask Ms. Evans, Ms. Kennedy, and Ms. Ruiz?
A. Typically, yes, ma'am.
Q. Anyone else?
A. If I had to, I would ask a senior case manager if I couldn't get the answer.
Q. Are you considered a senior case manager, Mr. King?
A. It's no official title. I'm just a case manager.
Q. Senior case manager, is that an official title?
A. No, ma'am.
Q. At what point would you consider someone senior?
A. If they have more time than me.
Q. Okay. Are you aware of any complaint from Probation regarding failure to coordinate or to approve a release plan?
A. No, ma'am.
Q. Okay. I have one more document that I'd like to show you.
Mr. King, can you see my screen?
A. Yes, ma'am.
Q. Okay. I am showing you what I'm marking for identification as Exhibit 19. This has not previously been entered.
(Exhibit No. 19 marked for identification.) BY MS. NWOKOLO:
Q. Mr. King, do you recognize this email?
A. Yes, ma'am.
Q. What is it?
A. I sent that to the reviewing panel so they could update Mr. Bardell's Walsh status.
Q. And Ms. Evans is copied; correct?
A. Yes, ma'am.
Q. And just for completeness, it looks like there's an attachment here, an email, which I've also attached.
And this is an email from you to Ms. Evans.
And is it correct that Ms. Ruiz sent an email in the middle of the page that asked someone to make sure that the Walsh stuff is reviewed and approved before routing his paperwork?
A. Yes, ma'am.
Q. And then below is the email from Coleman that is forwarding the release order; is that correct?
A. Yes, ma'am.
Q. Okay. So what point in the process is this completed, sending it to the Walsh panel?
A. When I got the email from Ms. Evans, from -that she forwarded from Ms. Ruiz, I went ahead and emailed the Walsh panel, the Walsh review board, and CCd her so she would know it was done.
Q. Okay. And before you -- before an inmate can be released, the Walsh Act panel has to send an email saying that the inmate is not going to be civilly committed; is that correct?
A. Yes, ma'am; for sex offender.
Q. Pardon? What did you say?
A. Yes, ma'am. For sex offenders we have to have that review.
Q. Okay. And how do you know about that requirement?
A. It's standard for all sex offenders.
Q. Is that something you would have learned in training?
A. Yes, ma'am.
Q. Okay. I'm going to stop sharing my screen.
MS. NWOKOLO: I do not have any further questions.
MS. POSTERARO: Okay. Thank you very much. We're going to go ahead and if it's ordered we will get a copy of it as well.
THE COURT REPORTER: Does someone want to explain read or waive to him?
MS. POSTERARO: Yeah, I mean, I'll do it.
So, Mr. King, you have the opportunity to read your deposition and correct anything you see what might be an error. I think you should do it just to make sure that it's okay.
THE WITNESS: Okay.
MS. NWOKOLO: And, Ms. Agustin, we would like to order it, please.
(Deposition concluded at 4:29 p.m.)
CERTIFICATE OF OATH (VIDEOCONFERENCE PROCEEDINGS)
STATE OF FLORIDA
COUNTY OF HILLSBOROUGH
I, JULIE R. B. AGUSTIN, Shorthand Reporter and Notary Public, State of Florida, certify that RANDOLPH KING appeared before me via videoconference on this 12th day of May, 2022 and was duly sworn.
WITNESS my hand and official seal this Dated: May 24, 2022.
JULIE R. B. AGUSTIN Notary Public State of Florida
My Commission Expires 1/24/2023 Commission No. GG289934
Personally known __
Produced Identification X
Type of Identification Produced Driver's License
CERTIFICATE OF REPORTER
STATE OF FLORIDA
COUNTY OF HILLSBOROUGH
I, JULIE R. B. AGUSTIN, certify that I was authorized to and did stenographically report the foregoing deposition remotely; that a review of the transcript was requested; and that the transcript is a true record of the testimony given by the witness.
I further certify that I am not a relative, employee, attorney, or counsel of any of the parties, nor am I a relative or employee of any of the parties' attorney or counsel connected with the action, nor am I financially interested in the action.
Dated: May 24, 2022.
JULIE R. B. AGUSTIN
READ & SIGN LETTER
Randolph King rjking@bop.gov janeann.mcmullin@usdoj.gov
May 24, 2022
RE: UNITED STATES OF AMERICA VERSUS FREDERICK
MERVIN BARDELL
May 12, 2022/Randolph King/Job No. 5231580
The above-referenced transcript is available for review. You should read the testimony to verify its accuracy. If there are any changes, You should note those with the reason on the attached Errata Sheet.
You should, please, date and sign the Errata Sheet and email to the deposing attorney as well as to Veritext at Transcripts-fl@veritext.com and copies will be emailed to all ordering parties.
It is suggested that the completed errata be returned 30 days from receipt of testimony, as considered reasonable under Federal rules*, however, there is no Florida statute to this regard.
If you fail to do so, the transcript may be used as if signed.
Yours, Veritext Legal Solutions
*Federal Civil Procedure Rule 30(e)/Florida Civil Procedure Rule 1.310(e).
(Image Omitted)