Opinion
611:CR-401-RBD-DAB
06-06-2022
UNITED STATES OF AMERICA, Plaintiff, v. FREDERICK MERVIN BARDELL, Defendant.
SPECIAL MASTER: Ms. Somadina Nwokolo Mr. A. Lee Bentley BRADLEY ARANT BOULT CUMMINGS, LLP FOR UNITED STATES OF AMERICA: Ms. Julie Posteraro Ms. Alicia Miller U.S. DEPARTMENT OF JUSTICE FOR WARDEN KRISI ZOOK: Mr. Glenn Green U.S. DEPARTMENT OF JUSTICE CIVIL DIVISION
ORAL AND VIDEOTAPED DEPOSITION of RHONDA KENNEDY, produced as a witness at the instance of The Bureau of Prisons, and duly sworn, was taken in the above-styled and numbered cause on the 2nd of May, 2022, from 9:14 a.m. to 11:14 a.m., before Kathy E. Weldon, CSR in and for the State of Texas, reported by machine shorthand, at the offices of Bradley Arant Boult Cummings, LLP, 1445 Ross Avenue, Suite 3600, in the City of Dallas, County of Dallas, State of Texas, pursuant to Notice and the Federal Rules of Civil Procedure.
SPECIAL MASTER: Ms. Somadina Nwokolo Mr. A. Lee Bentley BRADLEY ARANT BOULT CUMMINGS, LLP
FOR UNITED STATES OF AMERICA: Ms. Julie Posteraro Ms. Alicia Miller U.S. DEPARTMENT OF JUSTICE
FOR WARDEN KRISI ZOOK: Mr. Glenn Green U.S. DEPARTMENT OF JUSTICE CIVIL DIVISION
ORAL DEPOSITION OF RHONDA KENNEDY MAY 2, 2022 VOLUME 1
INDEX
WITNESS PAGE
RHONDA KENNEDY
EXAMINATION BY MS. NWOKOLO....5
CORRECTIONS MADE BY WITNESS....77
SIGNATURE BY WITNESS...78
REPORTER'S CERTIFICATION...79
EXHIBITS IDENTIFIED
7 - Prisoner Release Notification......54
8 - Email dated February 8, 2021 from Jason Burnham Bryan Weaver, et al. .....64
PREVIOUSLY MARKED EXHIBITS IDENTIFIED
3 - Unit Management Manual.... 39
4 - Supervision Release Plan...18
5 - Supervision Release Plan.....32
6 - Order...41
PROCEEDINGS
THE REPORTER: Going on the record at 9:14 a.m. Today is May 2, 2022. We're here for the deposition of Rhonda Kennedy in the case styled United States of America versus Frederick Mervin Bardell.
The deposition is taking place at the offices of Bradley Arant Boult Cummings, LLP, 1445 Ross Avenue, Suite 3600, Dallas, Texas 75202.
The court reporter is Kathy E. Weldon with the offices of Dickman Davenport, Inc., located at 4228 North Central Expressway, Suite 101, Dallas, Texas 75206.
Will all counsel please state their names and who they represent.
MS. NWOKOLO: My name is Somadina Nwokolo, and I'm assisting counsel to Special Master Lee Bentley.
MR. BENTLEY: I'm Lee Bentley. I'm the Special Master in this matter, and I'm representing the United States District Court for the Middle District of Florida.
MS. POSTERARO: Julie Posteraro on behalf of the United States Attorney's Office.
MS. MILLER: Alicia Miller with the Federal Bureau of Prisons.
THE REPORTER: And the gentleman on the telephone?
MR. GREENE: Yes, ma'am. It's Glenn Greene, Glenn with two Ns, Green with an E on the end, and I'm with the Department of Justice. I'm representing Warden Kristi Zook in her personal capacity.
(The witness was first duly sworn.)
MR. BENTLEY: I'm sorry, before we begin, Glenn, this is Lee Bentley. Which component of DOJ are you with?
MR. GREENE: I'm with the Civil Division and the Torts Branch.
MR. BENTLEY: Okay. Got it. Thank you.
MR. GREENE: No problem.
RHONDA KENNEDY, having been first duly sworn, testified as follows:
EXAMINATION
BY MS. NWOKOLO:
Q. Ready to start?
A. Yes.
Q. Ms. Kennedy, thank you for joining us today. To start, have you been deposed before?
A. I have not.
Q. Okay. So I'm going to ask you a series of questions. As you just heard, you're under oath. Please wait till I finish a question to respond so the court reporter can take our answers down. And then please make sure you give audible answers, rather than shaking or nodding your head so the court reporter can record it in the transcript.
Your attorneys may object. If they do, unless they instruct you not to answer, please go ahead and answer. And if you need to take a break, please let me know. We can take a bathroom break or a snack break, whatever you'd like.
And then finally, I will not -- intention is not to ask you about privileged communications. So by that, I mean conversations that you've had with attorneys about legal matters. And I suspect that if I -- you know, I broach that topic, your attorneys will chime in, but please know that in answering the questions, I'm not asking you to the divulge privileged communications.
So first of all, if we can just start with your current position and how long you've been in that position.
A. My current position is case management coordinator. I've been in that position since 2013.
Q. And in the role as case management coordinator, have you been at the Seagoville facility the whole time?
A. I have been at the Seagoville facility the whole time.
Q. Prior to starting this role, did you previously work with the Bureau of Prisons?
A. I did.
Q. And what was -- what was -- in what capacity?
A. From 2009 to 2013, I was the assistant case management coordinator. From approximately 2000 to 2009, I was a case manager at Federal Medical Center Carswell in Fort Worth, Texas. From 1999 to 2000, I was a correctional officer at the Federal Medical Center Carswell.
Q. Can you repeat the location where you were a correctional officer?
A. Federal Medical Center Carswell, Fort Worth, Texas.
Q. And is that the same location where you were a case manager from 2000 to 2009?
A. It is.
Q. And then you joined the Seagoville facility in 2009?
A. 2009. I want to say November 2009.
Q. So starting with your role as case manager, can you please describe your responsibilities in that role? And then I'll ask you about the other roles.
A. Okay. As a case manager, I was responsible for managing a case load of approximately -- at that time 150 to 200 female offenders. I was responsible for referring all eligible female offenders to residential re-entry centers. I was responsible for the redesignation or transfer of female offenders.
I was responsible for progress reports, supervised release plans, any paperwork that was relevant to case management. That was my role as a case manager.
I was responsible for meeting with inmates daily. If an inmate had one area or more on her sentence, I would meet with her every six months to talk about program goals, to go over what that inmate had accomplished. I also had open house hours, so inmates were available to come to the unit team area as needed to discuss any issues relevant to their case.
If an inmate had one year or less, I would meet with that inmate every 90 days as a case manager to talk about release planning: Where is it that you plan to release to, who will you reside with. I was responsible for preparing that release paperwork.
Anything relevant to case management, that was my role as a case manager. So daily interaction and daily case management with the female offenders that were assigned to my case load. And I would say, again, back then it was probably about 150 to 200 female offenders.
Q. Okay. And how did that role change when you became assistant case manager?
A. When I
Q. And I'm sorry, let me correct that.
A. Uh-huh.
Q. After you were case manager, you became assistant case management coordinator?
A. Yes.
Q. And how did that role change?
A. So I left Carswell, and as the assistant case manager, I worked with the case management -- case management coordinator at Seagoville at that time. As an assistant case management coordinator, I reviewed mass -- mass paperwork.
Any paperwork that was generated by the case manager, counselor, or unit manager that required the associate warden or warden review or executive assistant review, I was responsible for reviewing that paperwork, checking it for edits, checking it just to ensure that it was done with the compliance to policy.
So a lot of paperwork. I was responsible for the review of paperwork, releases, release plans, again, any paperwork that's generated that requires review by the warden. Any new paperwork that left the institution, so to speak, that was forwarded to probation or outside law enforcement agencies.
Q. And how did your role change when you became case management coordinator?
A. When I became case manager coordinator, I then was the supervisor of the assisting case management coordinator. Also in the role of case management coordinator, correctional systems fall up under that oversight.
Correctional systems consists of the mailroom, receiving and discharge, and records. However, correctional systems have a direct supervisor. I supervised the direct supervisor for correctional systems, so the level of responsibility in terms of supervision, that is what changed in the role, not necessarily the paperwork, just the oversight.
Q. Okay. And you mentioned the correctional -correctional systems has a direct supervisor?
A. Yes.
Q. Who was that -- or what is that role?
A. That role is to supervise -- directly supervise, receive and discharge, the records department, and the mailroom ensuring that the daily functions of that position is adhered to.
Q. Do you know the title of that role?
A. Supervisory correctional systems supervisor.
Q. Okay. So you mentioned a unit team. Is it correct that as case management coordinator, you supervise a unit team and then the connectional systems team?
A. That's not correct.
Q. Okay. You -- can you please correct my statement?
A. Yes. When I speak of unit team, the unit manager supervises the unit team. So a unit team consists of a unit manager who's a supervisor. It consists of the case manager, a correctional counselor, and a unit secretary.
The unit manager has oversight of the case manager, counselor, and unit secretary.
Q. Unit team is independent of the case management coordinator?
A. The case management coordinator, assistant case management coordinator, unit manager, unit secretary, counselor, and case manager falls under correctional programs. So we're all up under the correctional programs division, but in terms of oversight, the unit manager oversees or supervises the case manager counselor and secretary.
As a case management coordinator, when they generate documents or when they prepare documents that require review or documents that require routing, documents that have to be reviewed by multiple people, that paperwork comes through my office as well. So I'm in that routing chain.
I review documents that are created by unit team to ensure that they're within compliance.
Q. When you say "to ensure that they were in compliance," do you mean in compliance with bureau policy?
A. Yes.
Q. And if you know, what are the relevant policies that you're making sure that the paperwork is in compliance with?
A. Correctional programs have a number of policies fall up under the 5000 series. It's on the BOP.Gov website. So if an inmate has a term of supervision and he or she has been convicted of a drug offense, a violent offense, or sex offense, then I'm going to refer to the policy that's relevant to release notifications.
So it depends on what you're looking at. If I'm looking at releases, then I'll reference that particular policy. If I'm looking at a halfway house referral, then I'm going to reference information to residential re-entry release. So it's all based on what you're looking at.
Q. Okay. And the special master investigation is primarily focused on the release procedures that occurred in 2021 for Frederick Marvin Bardell. So let's focus on the release policy.
In your role in reviewing documents that kind of come through the routing chain from the unit team, what specific policies are you determining compliance with?
A. Are we with that particular case or just --Q. In terms of release procedures.
A. Release procedures, again, I guess it depends on what document I'm looking at.
Q. Okay.
A. In that particular case, I reviewed the prison release notification. And the prison release notification, it's required when an inmate has a term of supervision if he or she is serving a term for a drug offense, violence, or sex offense.
In that particular case, I do recall reviewing the prison release notification, and with the prison release notification, again, I'm looking at the offense to see if the offense is a sex offense, violence, or drugs.
So I'm looking at the sentence computation sheet, which is a printout with their sentence information. I'm looking at the JNC, the judgment in a criminal case, and I'm making sure that that inmate offense requires a notification.
On that notification, unit team is responsible for ensuring that state law enforcement, local law enforcement, the sex offender registry branch, and the U.S. probation officer address is on that form. The inmate name, register number, his or her projected release date, and their residence is also on the form.
And on the second page of the form, unit team is required to include a description of the inmate offense, the date of the inmate offense. And then there's a portion that speaks to conditions of supervision. I recall looking at that form.
So in that case, when I'm looking at a prison release notification, I'm referencing the release notification policy.
Q. And what policy do you reference when you are reviewing a supervise release plan?
A. When I am reviewing a supervise release plan, I am looking more so at the -- I'm reviewing the projected release date. So with the release plan, I'm more so looking at what the bureau refers to as Sentry, a Sentry printout with the inmate's release date.
So the supervise release plan, it -- it's a one-page form in most cases. It'll have the inmate's name, the inmate's release address, the inmate's projected release date. At the bottom portion of the form, it'll ask you if the inmate has a detainer. If there's any special remarks that the case manager needs to put on that form, they would put that.
And so with that, I'm not so much referencing the policy. I'm ensuring that the projected release date coincides with what has been calculated in the Sentry program. So if the Sentry program reflects January 1st, then I'm ensuring that that January 1st date is reflected on that supervise release plan.
That's what I look at when I look at the supervise release plan.
Q. Okay. So with respect to release paperwork, are there any other forms or documents that you're responsible for reviewing aside from the supervise release plan and the prison release notification form that we discussed?
A. Again, I do recall, with this case, I looked at the prison release notification. There are a number of documents that could be included in a release packet. If I was looking at the release packet, which is everything that's required for review, then I would be looking at a prison release notification. I would be looking to see if that's signed. I would be looking to see if the inmate is a sex offender, was the inmate required of the notification to register.
I would be looking to ensure the staff sign those forms. I would be reviewing the release packet for a progress report, to ensure the progress report is included. I would look at the JNC, the presence report. If the inmate requires any type of Walsh Act review, if he's a sex offender, I'm looking at that. Anything applicable to that inmate's release. I'm checking to go see if that inmate has any pending incident reports, any court orders.
I'm looking at all of that if I'm looking at the release packet.
MR. BENTLEY: Ms. Kennedy -- hang on one second, Soma.
What is a Walsh Act review?
THE WITNESS: The Walsh Act review, if an inmate
MR. BENTLEY: The Walsh Act?
THE WITNESS: The Walsh Act Review.
Okay. Yes. So an inmate has a -- has been convicted for sex offense, they're reviewed -- they're reviewed at Central Office to ensure that they don't require civil committed. So basically they review every inmate's case prior to us recommending the inmate for a transfer to a halfway house. And that committee will review the inmate's offense, look at the pre-sentence report, and they will say this inmate, you know, does not require civ- -- they'll -- they'll send us an email back saying this inmate is appropriate for placement.
MR. BENTLEY: Thank you.
THE WITNESS: Yeah, uh-huh.
Q. (By Ms. Nwokolo) So one of the documents that we've talked about now is the supervision release 18 plan, and I would actually like us to go ahead and look at that. I have a -- I also have the one that
A. Okay.
Q. -- was entered in this case.
MS. NWOKOLO: I'm going to mark as Exhibit No. 4. I will be continuing numbering from the prior depositions in this matter.
(Deposition Exhibit No. 4 was marked.)
MS. NWOKOLO: Let the record reflect I've handed the witness the exhibit.
Q. (By Ms. Nwokolo) Ms. Kennedy, do you recognize this document?
A. I do.
Q. Is this document the one-page supervision release plan that you were referring to earlier?
A. No.
Q. It's not?
A. No.
Q. Okay. What is the difference between this document and the document you were referring to earlier?
A. The document that I referenced is the prison release notification, and it is the form that staff is required to send out to local state sex offender registry, if applicable, and U.S. probation officer advising them that the inmate is releasing. So it's the prison release notification. Basically, it's notifying law enforcement that the prison is releasing.
Q. Right. So I understand that there's a difference between the prison release notification form and the supervision release plan, but we did talk about both. So is this the supervision release plan that we were discussing earlier?
A. This -- this is a supervised release plan. This is a supervised release plan.
Q. And early you mentioned that the super- -supervised release plan -- supervision release plan, as the form says, is a one-page document, and this is a one-page document you were referring to, correct?
A. Yes.
Q. So as you stated earlier, your role in reviewing this document, you state that your role is to essentially verify that the projected release date is consistent with the Bureau of Prisons records; is that correct?
A. Correct.
Q. And can you point out where on this form in your review you'd be responsible for reviewing that specific information?
A. Are we speaking generally or just in this particular case?
Q. Generally.
A. Okay. Yeah, generally, I would look at the date where it has on -- it has on, and it has date up under it. That should coincide with the inmate's release date. That's notated in Sentry. So if our Sentry database had January 3rd, then I'm ensuring that this form has January 3rd of update next to it where it has supervised release, parole mandatory release. If the inmate has a term of supervised release, then I'm looking at this form to see if it's checked.
Q. Okay. And beyond that, are you looking at anything else on this sheet?
A. I'll look at the release address; that is, the release residence is established. The case manager and inmate work together to establish that. I'll look at it. But I'm also looking at the sentencing versus relocation district to ensure that the inmate is released into the appropriate district.
Q. So with respect to the release address, which you just referenced, you referenced that the unit -or the case manager works with the inmate to determine the release address, meaning where they will be staying after they're released.
Are you familiar with that process?
A. I am.
Q. And what does the process entail?
A. That process entails, as a case manager, you're meeting directly with the inmate to say you're projected for release on whatever date, do you have a release plan or do you have someone that you can reside with?
The inmate will provide you with that information. You'll type this information on the supervised release plan. You do want to ensure that the inmate is providing you with an address that falls within his or her sentencing district, so you're looking to make sure that that address -- if he was sentenced in California and he's giving you a Florida address, then, of course, I'm going to let the inmate know I need an address within the sentence.
So inmate provides the case manager with the address. The case manager completes the form in its entirety, and then the case manager, the inmate, and the supervisor, the unit manager, will sign this form, and then this form should be submitted to probation.
Q. Once this form is submitted to probation, do you have any knowledge of whether probation and case the -- case manager, the unit manager discuss the release address?
A. I'm sorry, can you repeat the question?
Q. You stated that once this form is completed and signed by the case manager and the unit manager, it's submitted to probation, correct?
A. Correct.
Q. Are you aware of whether following submission to probation, there is -- there are conversations between the case manager, unit manager, and probation concerning the release address?
A. As a case manager, I would email the form over to probation and advise them, you know, attached is a supervised release plan. And in the case of an immediate release, as a case manager, I would pick up the phone and call probation.
So there should be some type of communication going on.
Q. And, you know, you were a case manager for a number of years. If you were to pick up the phone and call probation in the event of immediate release, what would -- I mean, what -- what would that conversation entail?
A. I would call the probation officer. I would identify myself, let him know I'm calling from an FBOP facility. I have an inmate who has an immediate release. I have scanned or emailed a release plan to your office for review. He or she will be releasing on whatever date and time, and I would provide probation with that information.
Q. You know, in your experience as case manager, once you provide that information, is there continued dialogue with -- in your -- in your experience, has there been continued dialogue with the probation officer about the release address?
A. It depends. It -- it depends from one staff member to a next. You have some staff members who will be very responsive. You have some staff members who will make sure just to let them know of their requirement to be here within 72 hours. Because there's a notice of release and arrival form that informs that inmate that he or she is responsible for reporting to probation within 72 hours of release.
You can get a probation officer that's responsive, and sometimes you get those that are not responsive. But you get the documents over there to show that we made the attempt on this end.
Q. Now, you just mentioned it depends on how proactive the staff is. And when you -- when you mentioned staff, were you referring to Bureau of Prison staff or probation staff?
A. Probation.
Q. Probation staff?
A. Uh-huh.
Q. Okay. Is it a requirement under BOP policy that case manager contact probation office beyond just sending this form?
A. It's a requirement for case managers to get the form over. In my experience, I have always advised staff to pick up the phone, email it so that we can have properties to show that we've done it.
And so that's just the extra step that I advise staff to do.
Q. So your -- and
A. So once they -- if a staff member chooses to mail it they can. If they want to scan it, they can. But because I have been doing this for a long time, like, email it, save the properties, and let -- let probation know that you have a release. That way you can verify that.
Q. In your experience, is it a best practice to call probation once this form is submitted to probation?
A. On an -- on an immediate release, yes, because of the urgency. If -- if I were doing this 18 months out or a year out, I'd email it, and I'd wait for probation to respond.
Q. You stated that for an immediate release, because of the urgency, it is a best practice for a case manager to contact probation office after completing a supervision release plan; is that correct?
A. It is a best practice.
Q. You also mentioned that it's the best practice in light of the urgency of an immediate release. What do you mean by that?
A. When immediate release, immediate. So that -- there lies the urgency when it's immediate release. Because in most circumstances, that inmate has to be released, so probation needs to know that that inmate is being released that day in most cases.
Q. What are the consequences if probation does not know that the inmate is being released immediately?
A. I -- I really can't speak to the consequences. Can you repeat that question? The consequences for who?
Q. Well, Ms. Kennedy, you stated that because of the urgency, you felt it was the best practice when 26 there's an immediate release for a case manager to pick up the phone
A. Right.
Q. -- and contact the probation office directly
A. Right.
Q. -- so that they know
A. Right.
Q. -- the inmate is going to release them immediate -- or to their supervision immediately?
A. Right.
Q. So my question is: If a -- if probation does not get notification -- for example, maybe this gets mailed and they don't receive it and the inmate is released
A. Uh-huh.
Q. -- why is that an urgent situation?
A. Are we talking consequences or urgent?
As far as staff, if a staff member does not pick up the phone, I don't know what the consequences to that would be or would not be. I don't know what the consequences would be because policy doesn't say that they have to pick up the phone. That's my recommendation when it's an immediate release, so -
Q. Can you elaborate on why that is your recommendation?
A. That's my recommendation because it's tracking. To me, it's best practice. If a probation officer states that they have not received it, then not only do I have the email properties, but I've documented my conversation with him or her. And for tracking purposes, it's just something that I highly recommend. It's just a recommendation.
Q. So the reason I ask is because Mr. Bentley and I have spoken to a number of probation officers who have stated that there have been circumstances where an inmate has just showed up at their office and is essentially homeless because they didn't have notification or able to place them correctly. Would that also be a consequence -- sorry, let me rephrase that.
Would that also be an urgent reason why it would be best practice to pick up the phone to speak to the probation officer once this release -supervise and release plan is sent to them?
A. It's urgent because it's a courtesy and it's a requirement that they know. I can't speak to your conversation with the probation officers, but it needs to be done. The notifications are required. They - they need to know, so it's best practice to pick up the phone.
Q. Does -- the urgency of picking up the phone and speaking to a probation officer, do the considerations change if it's a sex offender?
A. If they have supervision, it's -- it's still recommended -- I mean, it's recommended. I don't -- I mean, it doesn't change. I mean, if it's -- if probation needs to be notified, then I can say at Seagoville, staff know that they're responsible for emailing these documents over so that they can verify that it's been sent.
So it -- whether it's a drug offender releasing, whomever, Seagoville Correctional Program staff know the response of contacting probation so that We're not that institution that's identified as releasing inmates without probation knowing.
And that's one of the reasons why I personally stress "pick up the phone" so that they are in the know.
Q. In your experience of the Bureau of Prisons, in the totality of your experience, are you aware of the importance of -- all right. Let me rephrase that.
Are you aware of the investigation that probation officers have to conduct of a release address when an inmate is a sex offender?
A. I'm sorry, repeat that question again.
Q. Based on your experience at the Bureau of Prisons and as a case manager, assistant case management coordinator, and case management coordinator, are you aware of the investigation that probation has to undertake of a release address when the offender is a sex offender?
A. I do know that probation is required to investigate the release plan of any inmate who releases, whether it's a drug offender, sex offender, a non-violent offender. I do know that they are responsible for conducting release plan investigations.
I can't speak to their investigation relevant to a sex offender, but I do know that they are required to conduct a release plan investigation.
Q. So in your experience at the Bureau of Prisons, have you ever had any conversations with probation or internally at the Bureau of Prisons about restrictions that are placed on sex offenders' residences when they leave the Bureau of Prisons?
A. Repeat your question.
Q. In your experience with the Bureau of Prisons, have you -- are you aware of the restrictions that are placed on sex offenders' release addresses when they leave the Bureau of Prisons?
A. Yes, I am. I am.
Q. And what is that knowledge?
A. I've had cases as a case manager where a sex offender was not required -- I mean, was not able to live a certain amount of feet from an elementary school, for example. In that case, then, as a case manager, I worked alongside probation, with probation to ensure that we could get that inmate a placement that wasn't within a certain distance from the school.
So every inmate had different conditions, and that's the goal for case management -- case managers or bureau staff to work alongside with probation to ensure everybody, you know, are within compliance of the requirements after release.
Q. You mentioned that that -- that that's a goal of the Bureau of Prisons to work with probation to ensure that sex offenders are in compliance with residency requirements after their release. Is that a requirement?
A. If I am sitting down with an inmate to formulate a release plan, when I send that over to probation, probation is ultimately responsible for responding back and saying, hey, we can't approve this residence because it's maybe so many feet with -with -- you know, from an elementary school. If probation responds back and say that, then at that point, then the inmate and I would have to revisit other options.
If that inmate can't come up with another option, then at that point, in most circumstances, unit team and probation will work together to see if they can get the inmate placed, whether that be a public law placement, halfway house placement. It's really a case-by-case basis based upon the conditions and place for the inmate after his or her release.
Q. And in your experience at the Bureau of Prisons, has that occurred before?
A. Most definitely.
Q. Would you say it has occurred regularly?
A. (No verbal response.)
Q. And how often would you say it's occurred?
A. I can't speak to how often, but I would say regularly.
Q. Has it occurred more than ten times?
A. For me within my career, or just
Q. Correct.
A. Yes.
Q. Has it occurred more than 50 times?
A. I'll say more than ten.
Q. More than ten?
A. Uh-huh.
Q. Has it occurred more than 20 times?
A. Again, more than ten. I don't know the exact numbers, but it's occurred throughout my career.
Q. So with respect to the release address on the supervision release plan, in terms of coordinating with probation to make sure that's an appropriate release -- release address, that's a responsibility of the case manager?
A. The case manager and the unit manager.
Q. And unit manager?
A. Uh-huh.
Q. I'm going to show you the same form but that's completed in this case.
A. Okay.
Q. I'm going to mark this form as Exhibit No. 5. (Deposition Exhibit No. 5 was marked.)
Q. (By Ms. Nwokolo) So in front of you is Exhibit No. 5, and this is the supervision release plan that was completed for Frederick Mervin Bardell, and the date of the completion was February 8th, 2021. Is that correct from your reading of this form?
A. Is what correct, the date of completion?
Q. Correct, yes.
A. It -- from the form, yeah, it appeared the completion is 2/8/21, yes.
Q. So this form indicates that -- that the supervision release plan for Frederick Mervin Bardell was completed on February 8th, 2021, correct?
A. Yes.
Q. Do you remember reviewing this form?
A. No, I do not.
Q. Did you review this form?
A. I reviewed the prison release notification form.
Q. So what we've -- earlier when we spoke about -- when we spoke about your role in reviewing supervision release plans, at times that was generally not necessarily for this case?
A. Yes. Because in this case, I just reviewed the prison release notification form. I think I made reference to that. This would be included in the release packet, and I didn't review the release packet. I reviewed the prison release form -notification form.
Q. Okay. At the bottom of this form
A. Uh-huh.
Q. -- there's signatures from the case manager,
R. King.
A. Uh-huh.
Q. Do you know that to be Randall King?
A. I think it's Randolph.
Q. Randolph King?
A. Randolph, uh-huh.
Q. And then T. Evans, the unit manager also signed this form. Do you
A. Yes.
Q. Do you know that to be Tina Evans?
A. Yes.
Q. And then I want to say a little over a third down the page is the section where it discusses the release address. And it's redacted, but it's New Smyrna Beach, and then it has Frederick Bardell's father as contact and the telephone number; is that correct?
A. It appears correct based on what they typed, uh-huh.
Q. Is that what's on the form?
A. Yeah, that's what's on the form.
This is my first time seeing the form, so that's why I'm saying it appears correct.
Q. No problem.
So based on your experience as, you know, a former case manager and all of your roles with the Bureau of Prisons, is it your -- is it your experience that the case manager would have completed that address?
A. Yes.
Q. And the case manager would have completed that address in consultation with the inmate?
A. Yes.
Q. And then the process would be that the case manager would send the form to probation?
A. Yes.
Q. And from there, probation would investigate the address for compliance with residence for a crime of sex offenders?
A. Yes.
Q. Are you aware that this address was investigated prior to probation?
A. I don't know. I don't know anything about whether or not the address was investigated. No, I don't.
Q. Okay. We can put both of those exhibits to the side.
So in your role as case management coordinator in Seagoville, who do you report to?
A. I report to the associate warden of programs.
Q. And other than the correctional systems team -- first of all, let me clarify. The correctional systems team, am I correct that they report to you as case management coordinator?
A. They report to the supervisory correctional system supervisor
Q. Okay.
A. -- yes.
Q. And the supervisional
A. Correct
Q. -- corrections systems personnel, he reports to you?
A. Yes.
Q. Does anyone else report you?
A. The assistant case management coordinator.
Q. And then your interaction with the unit team, am I correct that that's limited to reviewing documents -- reviewing release documents that they generate for compliance with policy?
A. Any documents. I mean, they generate a number of documents daily, so they have the option to -- my business -- my -- my office in a separate -location to Ms. Ruiz, so they can bring their documents to me. They can bring them to Ms. Ruiz.
So if they have documents that need to be reviewed, they're either seeing myself or Ms. Ruiz. So we see a lot of them daily, yeah. There are paperwork routes daily.
Q. And just to clarify for the record, Ms. Ruiz is Stefanie Ruiz
A. Yes.
Q. -- who is the assistant case management coordinator?
A. Coordinator, yes, yes.
Q. So with respect to release paperwork only, am I correct that the only coordination between you and the unit team is reviewing release paperwork in the routing chain as you've described it?
A. Yes.
Q. And then other than your review of release paperwork for compliance of Bureau of Prisons policy, do you have any other responsibilities during an inmate release?
A. Just again the release paperwork, just insurance -- just ensuring everything is within compliance. No other responsibilities, no.
Correctional systems, there is a supervisor back there, but if there's any other -- if there's any release questions that come up, then I'm definitely available, you know, to answer questions.
So my role is kind of -- it's -- it's -it's not limited. My role is not limited, so to speak, so for me, per se, where I fall in the loop, it would be reviewing the release paperwork, so just the review of the paperwork.
Q. Are you familiar with a Unit Management Manual?
A. I am.
Q. Does your position involve reviewing paperwork for compliance with that policy?
A. Yes.
Q. Are you familiar with the Correctional Systems Manual?
A. I am.
Q. Does your role involve reviewing paperwork for compliance with that policy?
A. Yes.
Q. You hesitated. Is there a caveat?
A. There's so much paperwork, so I guess it just -- it just depends on what document. So I review -- there's a lot of things that I'm responsible for reviewing, so
Q. So am I correct that you are familiar with the Unit Management Manual?
A. Yes.
Q. So this exhibit was previously marked as Exhibit No. 3 in a prior deposition. I'm going to hand it to you right now.
A. Okay.
Q. That's a multiple-page document.
A. Okay.
Mr. BENTLEY: Could we take a very short break?
MS. POSTERARO: Absolutely. (Break from 10:07 a.m. to 10:19 a.m.)
Q. (By Ms. Nwokolo) Ms. Kennedy, if you can turn to Page 6 of the Unit Management Manual.
A. (Witness complies.)
Q. The second paragraph of Page 6 of what is now marked -- what is marked -- what's been previously marked as Exhibit 3, the Unit Management Manual, the second paragraph states, "Inmates have the responsibility to develop and submit to institution staff a release plan for investigation and verification by U.S. probation staff in the district of their supervision. This is documented in both the supervision release plan, BOP(a) 0522 and the inmate's final progress plan."
And then skipping another paragraph, starting with the letter (a), it says, "Inmates return -- returning to their sentencing district.
During the final release plan, at least 90 days before a scheduled release directly to the community or at the time of referral to an RRC, staff forward or progress report and supervised release plan to the United States Probation Office staff in the district of supervision for verification of residence and employment."
So based on this policy, Ms. Kennedy, you know, it states that in -- in an ordinary release situation, there's 90 days before a scheduled release where planning is occurring and staff will refer the supervised release plan to the United States Probation Office; is that correct?
A. Yeah.
Q. And you've stated earlier that when there's an immediate release, best practice is to obviously send it immediately but also pick up the phone to call probation office, correct?
A. Yes, correct.
Q. And that's to make sure that even despite the immediacy of the immediate release, Bureau policy is still complied with, correct?
A. Yes.
Q. You can put that aside. Thank you.
A. (Witness complies.)
Q. So we've spoken a little bit about the process -- the release process generally and some of the forms that were reviewed by you in this matter and completed by other members of Bureau Prison staff. I'd like to now turn to the district court's order, the release order in this case.
I'm going to mark this as Exhibit 6.
(Deposition Exhibit No. 6 was marked.)
Q. (By Ms. Nwokolo) If you could turn to Page 6 of the release order.
A. (Witness complies.)
Q. So the provision of the Court's order where the Bureau of Prisons is given a direct order is provision 5. And could you read that provision for me out loud?
A. "The Federal Bureau of Prisons is directed to release Defendant, Frederick Mervin Bardell, immediately after the United States Probation Office approves a plan -- a release plan."
Q. In February of 2021, when this release order was sent to the Bureau of Prisons, did you read this order?
A. I quickly, quickly read it -- quickly read over it.
Q. Did you read the provision that you just read out loud?
A. I do not remember. I do recall quickly reading it.
Q. So you do not remember reading this provision that directs the Bureau of Prisons to release the Defendant after United States Probation Office approves a release plan?
A. I recall just quickly reading over the document.
Q. So in this case, you know, the government has already submitted filing for the court admitting that this provision was not complied with. Are you aware of that?
A. I am now.
Q. You were not aware of that before I asked you that question?
A. That someone had filed a government -- that this had been filed in court?
Q. That the government had made representations in court admitting that this provision was not complied with.
A. At the time when this was disseminated throughout the inst- -- you know, to staff, that's when I quickly read over the information. That's after the fact, right, what you're asking me?
Q. Uh-huh.
A. Through this process, I have learned that that occurred.
Q. So in the aftermath of the release of Frederick Mervin Bardell, you have been made aware that the district court's order that the Bureau of Prisons not release -- well, release him after probation approved, a release plan was not followed. Have you been made aware of that since the time?
A. Yes, yes.
Q. Ms. Kennedy, who ultimately makes the decision that an inmate is going to be released? And what I mean by that is, you know, the Court issued an order immediately Frederick Mervin Bardell, but the order had conditions, and those conditions were not complied with in this case.
So who decided when he was going to be released?
A. I can't speak to who decided. I do know that when orders are received, the records department or staff in correctional systems, they verify that information with the Designa- -- Designation Sentence Computation Center.
Q. So, you know, when a -- when a court order comes down from the Court, you've mentioned that the DSCC verifies that it's a valid court order, correct?
A. Yes.
Q. What happens after that?
A. That information is sent to the institution, and then the institution staff, in turn, communicates with the Designation Sentence Computation Center regarding the order.
Q. What happens after that?
A. After that point, if it's confirmed that the inmate is to be immediately released, then the inmate is released.
Q. Is there -- are there procedures that the Bureau of Prisons has in place? Because I can tell you right now, this order came down, I think, on a Friday, and the prisoner wasn't released until Monday.
So what has to happen before the Bureau of Prisons sends an inmate out the door?
A. The order has to be released. The information is sent over to probation, but if it's time for that inmate to release, then the inmate -the release paperwork is routed, and the inmate is released.
Q. So are you saying that once the Bureau of Prisons receives a court order mandating release, once they have it in their possession, the prisoner can walk out the door immediately?
A. No, I'm not saying that. The information is verified by the Designation Sentence Computation Center. It's distributed to institution staff, and then institution staff, in turn, communicates with the Designation Sentence Computation Center to confirm whether or not this inmate should released.
Q. So you stated that once the order is issued by the Court, it goes to the DSCC -- I can't remember the name. That's why I keep using the acronym -- it goes to the DSCC, they verify it's a valid order, and then they communicate with the institution staff, who eventually reverts back to them in the language you used and tells them whether the inmate should be released?
A. No. They verify the order to -- they're -it's just a veri- -- it's a verification process on both ends.
Q. So let me clarify. The DSCC verifies it's an order, and my understanding is that they basically look at the docket to make sure it was actually entered.
Is that your understanding?
A. Verification is my understanding.
Q. What is your understanding of verification?
A. Ensuring that the order is for that particular inmate, advise the staff that this is an order received from the Court for the inmate to release in most cases.
Q. Okay. And now you stated that institution staff then has to verify the order again, so what is involved in that process?
A. Our records department typically do the verification, and they will call over to the DSCC to ask any -- if there's any questions about the release. They'll call back over there to ask those questions if there's any questions or concerns.
Q. Okay. So once -- once institution staff has made -- finished their own verification process, then what happens?
A. The release paperwork is completed, routed, signed, and the inmate is released.
Q. And what is the final step before the inmate is released?
A. What do you mean? I'm -- the final step in terms of...
Q. So, I mean, we've talked about a number of paperwork. I mean, how does the Bureau of Prisons decide when -- when that process is complete?
A. Once the paperwork is completed, the inmate is processed out through the receiving and discharge area. He's processed out. If he's riding the Greyhound, he's taken to the Greyhound station. If going via air, he's taken to the airport.
Q. So the R&D center, can you explain to me what happens in that center in arranging transportation?
MR. BENTLEY: Before we get to that, may I ask just a few questions?
THE WITNESS: Uh-huh.
MR. BENTLEY: And forgive me, Ms. Kennedy --THE WITNESS: Okay.
MR. BENTLEY: -- if we're going over old ground or if I misunderstood anything.
You -- the order that's been marked as Government Exhibit -- no Government Exhibit -- marked Exhibit 6 -- is that right -- Exhibit 6, when did you first see that?
THE WITNESS: I don't recall when I first saw it. I -- I know they did send it out. Once it was received by institution staff, they did email a number of individuals. So I don't
MR. BENTLEY: Okay. Was that before or after Mr. Bardell was released?
THE WITNESS: It was before. It was before.
MR. BENTLEY: And in a typical situation, when a court issues an order for an inmate's release, where does -- how you learn of that, or how does BOP Seagoville learn of that?
THE WITNESS: Through email.
MR. BENTLEY: From
THE WITNESS: The -- the DSCC emails the correctional systems department, and that department will disseminate it to administration, the unit team, the case management coordinator, the system case coordinator, anybody that's involved in that process.
MR. BENTLEY: So DSCC gets the order in, and then it disseminates the order to the facility?
THE WITNESS: Yes.
MR. BENTLEY: And specifically who at the facility would typically get
THE WITNESS: Typically, it's correctional systems that receive and discharge or records department, and then they, in turn, will make sure everybody gets a copy of that order.
MR. BENTLEY: And one of the -- one of the individuals who would get the order would be the case management coordinator?
THE WITNESS: Yes, uh-huh.
MR. BENTLEY: And would it also go at the same time to your assistant case manager coordinator?
THE WITNESS: We share an email, so it would go to myself, it would go to the unit team, because they have to prepare the paperwork. A lot of times it will go to medical, it'll go to administration. So
MR. BENTLEY: So typically, it would go to the unit manager at the same time it went you?
THE WITNESS: Yeah.
MR. BENTLEY: Would it also go to the case manager at the same time
THE WITNESS: Yes.
MR. BENTLEY: -- as you?
And typically, would that email include a copy of the order?
THE WITNESS: Yes, yes.
MR. BENTLEY: Would it also -- would there be some -- something else with it kind of giving you some type of direction, or will you just get a copy of the order?
THE WITNESS: Typically, it's the order as it -- you know, as it's sent to the institution from the DSCC, typically they will take that order and just send it to staff and the institution stating that there's an immediate release.
MR. BENTLEY: Okay. So there is something. I mean, what I'm -- what I'm getting at is
THE WITNESS: Uh-huh.
MR. BENTLEY: -- when - when this comes to Seagoville from the DSCC, it's one thing if it's just an email "here's an order, see attached PDF." It's another thing if there's some text with the email saying, "This prisoner is to be immediately released" or "this prisoner is being released after X, Y, and Z."
I mean, how would it come to you?
THE WITNESS: Typically, it's the order attached with immediate release. No details on it. Just the attachment, the order.
MR. BENTLEY: So someone at Seagoville is responsible for reviewing the order and determining exactly when the inmate should be released?
THE WITNESS: That's correct.
MR. BENTLEY: That falls not only on DSCC but someone at Seagoville?
THE WITNESS: It would fall from - from -- I would say from the institution's standpoint,
yes, it would fall on Seagoville.
MR. BENTLEY: And who at Seagoville has the primary responsibility for reviewing the order and making sure the prisoner's released in accordance with the order?
THE WITNESS: It would be the records department, it would be the -- my case management coordinator, assistant case management. Pretty much everybody involved in the process.
MR. BENTLEY: There wouldn't be a lawyer reviewing it?
THE WITNESS: No, there's no attorney at Seagoville reviewing it.
MR. BENTLEY: So after Seagoville receives just an order from DSCC, there's no -- nobody to help interpret the order. Somebody at Seagoville, a non-lawyer, has to look at this and figure out when and how the prisoner should be released?
THE WITNESS: That's correct.
MR. BENTLEY: And who ultimately makes that decision? Who's ultimately responsible for reviewing the order and saying this is what we need to do to get the prisoner released in accordance with the court's order?
THE WITNESS: Correctional systems.
MR. BENTLEY: And correctional systems
THE WITNESS: The records department -the records department.
MR. BENTLEY: You fall under that?
THE WITNESS: I fall - I'm ultimately over that department.
MR. BENTLEY: You're over that department?
THE WITNESS: Uh-huh, uh-huh.
MR. BENTLEY: So is it ultimately your call?
THE WITNESS: (No verbal response.)
MR. BENTLEY: It's somebody above you?
Who -- who is above you at Seagoville in the chain of command?
THE WITNESS: Above me is the associated warden, but I would say myself, the assistant CMC, and correctional systems. We definitely -- we'd be responsible for reading the order.
MR. BENTLEY: So does the assistant warden or the warden have to sign off on a release of a prisoner?
THE WITNESS: They do have to sign off on the prisoner release notification, yes.
MR. BENTLEY: Okay.
THE WITNESS: And they're included in that communication as well.
MR. BENTLEY: Would they see the order?
THE WITNESS: Yes.
MR. BENTLEY: So both the assistant warden and the warden would have seen this order before Mr. Bardell was released?
THE WITNESS: I don't know that they saw the order, but typically
MR. BENTLEY: It wouldn't have been seen
THE WITNESS: Yeah. Typically, yeah, they -- they're included in the email.
MR. BENTLEY: And do they actually sign any paperwork either or both of them sign paperwork for the inmate's release?
THE WITNESS: The prisoner release notification requires the warden's signature.
MR. BENTLEY: Do we have that documentation?
Yeah. I don't see the signature of the warden on here. Is it on here? I see his name.
THE WITNESS: May I see it?
MR. BENTLEY: Yeah, has this been marked yet?
MS. NWOKOLO: No.
For the record, I'm marking the Prisoner Release Notification as Exhibit No. 7.
(Deposition Exhibit No. 7 was marked.)
MS. POSTERARO: Can I ask a question?
MR. BENTLEY: Of course.
MS. POSTERARO: Is this the final one? I only notice that it's not one that we filed with the Court. I mean, we would have filed the final version with the Court. Do you want me to pull that up real quick?
MS. NWOKOLO: Sure.
MR. BENTLEY: Yeah, please.
MS. POSTERARO: Because there is one circulating around out there that is not signed. I think it's
MR. BENTLEY: While she's pulling that out, can we talk for one second?
THE REPORTER: So do we want to go off the record?
MS. POSTERARO: Yeah, we can go off the record.
(Break from 10:40 a.m. to 10:46 a.m.)
MR. BENTLEY: So, Ms. Kennedy, you've had a chance to look at Exhibit 7?
THE WITNESS: Yes, I have.
MR. BENTLEY: And we understand through conferring with Ms. Posteraro that there is a signed version of that document.
THE WITNESS: Yes.
MR. BENTLEY: You heard all that?
THE WITNESS: Yes.
MR. BENTLEY: But this is the document that would have gone out with the warden's signature?
THE WITNESS: Yes. That's the document that would have been out with the warden's signature, and this is the particular document that I had reviewed that I was speaking to earlier.
MR. BENTLEY: Right. And do you know who at Seagoville would have had primary responsibility for reviewing this order and determining that the prisoner be released pursuant to the terms of the order?
THE WITNESS: I would say myself, the assistant CMC correctional systems. I mean, it gets disseminated pretty much to all of us.
MR. BENTLEY: Well, who - who makes the decision -- when you get an order, I understand the email this order was attached to said "Immediate Release."
THE WITNESS: Uh-huh.
MR. BENTLEY: Okay. Who gives -- who sends out the word in the prison this prisoner needs to be released immediately?
THE WITNESS: Correctional system staff, based on the -- their conversation of confirmation with the DSCC.
MR. BENTLEY: Did anybody at -- DSCC, I understand, confirmed this was a legitimate order
THE WITNESS: Okay.
MR. BENTLEY: -- that would have been filed in the docket.
THE WITNESS: Okay.
MR. BENTLEY: But did somebody at DSCC confirm that this order required his immediate release without condition?
THE WITNESS: I don't know. I wouldn't know. I'm not sure if there's someone from correctional systems that's scheduled to come. They probably would be able to speak to that.
MR. BENTLEY: But they report to you, don't they?
THE WITNESS: They report to me, but in this particular case, I don't know if in this case they spoke with someone. I can't speak to that. I don't know.
MR. BENTLEY: Well, you've - it's not that uncommon to receive judicial orders requiring release or some other action with the prisoner, correct?
THE WITNESS: No, it's not uncommon.
MR. BENTLEY: So who has the primary responsibility for reviewing these judicial orders and determining they're complied with?
THE WITNESS: Correctional systems.
MR. BENTLEY: And who at correctional systems at this time?
THE WITNESS: Records department, the correctional systems supervisor, those individuals typically will review it and confirm the order.
MR. BENTLEY: The correction supervisor reports to you?
THE WITNESS: Yes.
MR. BENTLEY: And who - who would that have been back in February of '21?
THE WITNESS: It would be Ms. Fields.
MR. BENTLEY: First name?
THE WITNESS: Melissa Fields.
MR. BENTLEY: And who else would have been responsible for reviewing -- you say the records department. Who is that?
THE WITNESS: I'm not sure who was -- who reviewed that order. It would have -- it could have been Mr. Burnham. It could have been Jason Burnham.
It could have been Joe Wallace. There's, like, eight staff members back there, so
MR. BENTLEY: I'm just thinking -- I'm not trying to be facetious.
THE WITNESS: Right.
MR. BENTLEY: I'm really just trying to understand. This order just says on it "order," right?
THE WITNESS: Right.
MR. BENTLEY: And it came with -- you know, attached to an email that said "immediate release," just those two words. Not even in the -just "immediate release." So I don't think on the basis of the RE line of an email somebody is going to decide to release a prisoner, right?
THE WITNESS: Uh-huh.
MR. BENTLEY: They've -- they've got something that says "order" -THE WITNESS: Right.
MR. BENTLEY: -- and then the RE line says "immediate release." Somebody's going to have to review this order and see if it does require immediate release, right?
THE WITNESS: Right.
MR. BENTLEY: I'm just wondering who would have done that. Who's responsible for doing that when you get a judicial order?
THE WITNESS: Records department or the correctional systems supervisor.
MR. BENTLEY: Okay. When you say "records department," I mean, I -- I -- when you say "records department," I'm thinking a bunch of people who are clerical people sitting around in a room with filing cabinets. I mean, what -- who -- who are you talking about, records department?
THE WITNESS: The correction systems consist of three different areas. Our records department, they deal with warrants, detainers. They communicate with outside agencies regarding inmate warrants, things like that. They do NCIC background checks. So we have two staff members assigned to that department, so that would be the records department when I say correctional systems.
MR. BENTLEY: And who would have been in that?
THE WITNESS: Maybe -- I -- I'm not for sure. It could have been Jason Burnham or Joe Wallace, but I'm not sure.
MR. BENTLEY: Now, what can you tell me about Jason Burnham?
THE WITNESS: He's professional, hard worker. He does a pretty good job.
MR. BENTLEY: And who was the other individual?
THE WITNESS: Joe Wallace.
MR. BENTLEY: What about him?
THE WITNESS: Professional, hard-working, does a good job as well.
MR. BENTLEY: And are they both in the records department?
THE WITNESS: They are.
MR. BENTLEY: Are those the two -- are those the two primary people who probably would have been records department at this time?
THE WITNESS: Yes.
MR. BENTLEY: And I know they -- I know they report to you, but would they -- in your opinion, would they have had the first line of responsibility for looking at this order and determining what needed to be done?
THE WITNESS: Yes.
MR. BENTLEY: Okay. Thank you. THE WITNESS: You're welcome.
MR. BENTLEY: Go ahead.
Q. (By Ms. Nwokolo) Okay. You mentioned earlier that before prisoners are released, they're sent to the R&D department, and from there, they're transported to their release location; is that correct?
A. Uh-huh, correct.
Q. What are the Bureau of Prisons' obligations, if you know, with respect to transporting an inmate to their release location?
A. The institution's obligation is to ensure that the inmate has transportation to his or her release destination.
Q. And when you say "ensure that the inmate has transportation," what does that entail?
A. Getting transport to either the Greyhound to ride the bus to their release destination or getting transported to the airport.
Q. And who makes the decision of how they'll be transported out of the institution?
A. The unit secretaries, they -- they arrange for travel -- inmate travel, and so typically, it's the unit secretary that will determine if the inmate will go via bus or airport. In past years, Greyhound was the method of travel for all inmates.
If an inmate flew via air, he or she would be responsible for assuming that cost. Since COVID, inmates -- we're flying more inmates home now. But the unit secretaries are -- they arrange the tra- -- travel via government contract carriers or whatever.
Q. So the unit secretary is responsible for arranging the travel. I know you mentioned who was financially responsible for that, but who decides whether they take a bus or a plane?
A. So the unit secretaries will contact me or Ms. Ruiz. If there's a plane ticket that's economical -- let's say for instance that there's a bus ticket that's 130, and there's a plane ticket that's 130. Then they'll contact myself or Ms. Ruiz to say, hey, we have two prices, price is the same, can we fly this inmate.
So typically, they will reach out to me or Ms. Ruiz, but in most cases, me, just because that transportation budget falls up under the CMC.
Q. Okay. So you mentioned that one consideration in determining how an inmate is transported to their release location is cost?
A. Right.
Q. Is an inmate's medical condition ever a consideration of how they're transported?
A. I can't say at -- I -- I typically -- I don't know an inmate's medical condition when they're leaving an institution. I would have no way of knowing an inmate's medical condition.
Q. On the day of the release, in this situation, the unit secretary, Ms. Breanna Mays
A. Uh-huh.
Q. -- did meet with the inmate
A. Uh-huh.
Q. -- so she would have observed him.
A. Uh-huh.
Q. Is that a typical procedure for the unit secretary to meet with an inmate on the day of release?
A. The unit secretary, they will meet with the inmate on the day of their release, giving the inmate, like, his Social Security card or to go over the release paperwork. So, yes, that would be typical, just because they are meeting with the inmate to talk about transportation and release paperwork. So, yes, that's typical.
Q. Does anybody else interact with the inmate in person on the day of release?
A. I would say unit -- unit team, unit secretary, unit case manager, unit manager, and receiving and discharge staff.
Q. In your experience, have you ever had a situation where unit staff has communicated that -recommendation for transportation based on their observation of the inmate?
A. I've had unit team to make a recommendation based on the inmate's offense. If we have an inmate who's sexually assaulted kids, then, hey, Ms. Kennedy, this inmate, he has an extensive violent background. Can we look at putting that inmate on a plane versus a bus?
So that's been my observation at Seagoville. The requests have been made or requested based on the inmate's past criminal conviction or his current offense versus medical.
Q. Okay. So in the case of immediate release that's it's based on a compassionate release -actually, let me show you a document.
A. Uh-huh.
Q. I'm going to mark this as Exhibit No. 8. (Deposition Exhibit No. 8 was marked.)
Q. (By Ms. Nwokolo) So this is an email from Jason Burnham who you identified earlier as a correctional systems officer. He's also identified that way in his signature block on this email.
A. Uh-huh.
Q. This is an email from February 8th, 2021, which is the date of Frederick Mervin Bardell's release. And he sent this email to a number of people, including yourself; is that correct?
A. That's correct.
Q. And the text of the author says, "Verified immediate order -- verified immediate release order and method will be compassionate release."
When he says, "verified immediate release order," what do you understand him to mean?
A. Everything's been verified and the inmate is good to release.
Q. Okay. And what -- what do you understand a compassionate release to be?
A. Based upon the inmate's medical condition.
Q. So if an inmate is released on compassionate release grounds, would that factor into the transportation that they receive to their release location?
A. Not necessarily.
Q. Why is that?
Dickman Davenport, Inc
A. I mean, health services is included on here as well. Again, I would not have any way of knowing the inmate's medical condition, so in this case, the inmate would be released via bus or airfare. Unless someone specifically from medical stated to staff, hey, this inmate can't go one way versus the other, I would not -- because I don't know this young man. I mean, I don't know who he is.
Q. Okay.
A. I would have no way of knowing.
MR. BENTLEY: Do you ever have contact with the inmates in your current position?
THE WITNESS: I do. I do. I -- when the inmates go outside daily to -- they go to lunch or dinner, staff is responsible for standing outside and, you know, being available to ask questions. We have, like, an admission and orientation process. So, yeah, I have a lot of interaction with them.
But, you know, I mean, I know them per se. We have over 1,500 inmates, so
MR. BENTLEY: Yeah.
THE WITNESS: -- they'll come up and ask random questions and things like that.
MR. BENTLEY: Right. So you're available, but you don't -
THE WITNESS: Yeah, I'm definitely available. But just knowing them specifically, most time I don't.
MR. BENTLEY: Understood.
Q. (By Ms. Nwokolo) Health services, you mentioned that they're copied on this email.
A. Uh-huh.
Q. Do they have a role in the release procedures?
A. Yes.
Q. What is their role?
A. I would say anything relevant to health services. I don't want to try to speak on behalf of medical since I'm not qualified to do so. But, yeah, health services definitely have a role in the release process.
Q. How do you know that they have a role?
A. I know that inmates should be provided with at least a 30-day supply of medication prior to them departing the institution.
Q. Are inmates required to receive medical clearance before they leave an institution?
A. I can't speak to that. I think anything rela- -- relative to medical, I would be misspeaking, so I just -- yeah, I know health services have a role, but I don't know exactly what their role is. I don't want to try to speak to that.
Q. So you don't know whether an inmate is required to have a physical as part of the release procedures?
A. I don't know.
Q. Okay.
A. I don't know.
Q. Who would know?
A. Health services staff.
Q. No one else would know?
A. No. Just health services, yeah.
MR. BENTLEY: Well, wouldn't the case manager need to know exactly what was required before a prisoner is released?
THE WITNESS: From a medical standpoint? MR. BENTLEY: No, from any standpoint.
Just -- I'm sure there are a lot of boxes that need to be checked.
THE WITNESS: I think anything relevant to the correctional programs' aspect of it. The release planning, the release address, that's where your case manager is going to be involved and the unit manager. Health services, those areas are copied on here so that everybody who have a role in the process can ensure that they, you know, execute those roles.
But case managers, they're going to be more concerned with the release -- the release planning phase of it.
MR. BENTLEY: Well, you were a case manager at a federal medical center, weren't you?
THE WITNESS: I was.
MR. BENTLEY: So I'm assuming that there were occasions when seriously ill individuals were released directly from the FMC, correct?
THE WITNESS: Correct.
MR. BENTLEY: And were there occasions when they needed special medical transport?
THE WITNESS: At the medical center, yes, there was occasions where medical had to get involved.
MR. BENTLEY: Were there occasions when BOP had to arrange something other than a bus ticket or a commercial air flight?
THE WITNESS: At the medical center, yes.
MR. BENTLEY: To your knowledge, has that ever happened at Seagoville, that a prisoner was sick enough that he needed something other than a commercial air ticket or bus ticket?
THE WITNESS: I don't recall that occurring at Seagoville. I don't recall that occurring after Seagoville.
MR. BENTLEY: How big is the -- is there any type of infirmary at Seagoville?
THE WITNESS: There is. We have a health services department that see inmates regularly.
They -- we have a pharmacist on staff, registered nurses, doctors, so
MR. BENTLEY: Do you have -- do you have inmates who actually sleep in some type of an infirmary?
THE WITNESS: No.
MR. BENTLEY: They all sleep in their cells?
THE WITNESS: They all sleep in their cells at Seagoville.
MR. BENTLEY: Okay.
Q. (By Ms. Nwokolo) So you mentioned a medical correctional facility versus -- you know, Seagoville is a federal constructional institution.
A. Right.
Q. So it's, like, just a standard facility?
A. Yeah. The previous institution that I was at, it was a medical center, and so we had medical/surgical units. We had medical units where inmates were designated there for medical purposes.
At Seagoville, we have a medical department, but we do not have a medical unit.
So typically the medical care level varies from what it would be at a medical center.
Q. Can you explain what a "medical care level" is?
A. Inmate medical needs. You know, inmate, if he has major medical issues or what have you, those type of inmates are typically at medical centers.
Q. And what are the differences between medical care levels at an institution like Seagoville and a medical institution?
A. Well, we may have inmates with medical duty, medical status, a simple care versus a chronic care inmate that's at a medical center where he have access to medical staff 24 hours a day, 7 days a week.
Q. And how -- how does -- how would an inmate end up in a medical center? What is that process?
A. Through designation, through medical staff making a request to get an inmate on the waiting list or consider for designation, so to speak.
Q. Okay. Do you remember having a conversation with Breanna Mays, the unit secretary, about how Mr. Bardell would be transported to his release location?
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A. I do recall her contacting me regarding transport. As I was stating, typically we use Greyhound, and I want to say that she indicated that there was no contract there available. So when we make purchase, even when we travel as staff, we have to go with a con- -- contract fare.
And I did advise her that she could see if the inmate would be able to get someone to purchase his ticket.
Q. Do you know if that occurred?
A. From my understanding, the inmate was able to get someone to purchase his ticket.
Q. Based on your experience as a case manager and just a career long Bureau of Prisons employee, when an inmate is released, is it a requirement that somebody be contacted on his behalf?
A. Probation is contacted regarding the release plan. They are definitely contacted. The inmate will typically let family know that they're being released.
Q. Does the Bureau of Prisons have to let the inmate's attorney know that he's being released?
A. No. No, not that I'm aware of. No.
Q. So there's no requirement then?
A. No requirement, no.
Q. That the Bureau of Prisons contact the inmate's attorney?
A. The attorney, no, not that I'm aware of.
Q. Now, We've talked about a number of departments -- the correctional systems department. We've talked about the unit team, which -- is the unit team part of correctional systems department?
A. Correctional programs.
Q. Correctional programs?
A. Yeah. That's a lot. That's okay.
Q. And then we've also talked about health services. Who does health services report to?
A. Health services report to the associate warden.
Q. Is it the same warden you report, or is it a different warden?
A. The roles and responsibilities switch from, you know, time to time, so it -- it could have been the associate warden of programs or the associate warden of operations. I'm not sure which associate warden it was. But, yes, they are responsible for reporting to an associate warden.
Q. And then the warden -- the associate warden reports to the warden?
A. That's correct.
Q. And that's the top of the chain of command?
A. That's the top of the chain of command, yes.
Q. Okay. When you were a case manager, you mentioned -- well, when you were describing to me your experience as case manager, you mentioned that you would see some of the inmates that were assigned to you daily.
A. Yes.
Q. Is that still a practice of the Bureau of Prisons?
A. I will see them daily because most -- the way the offices are set up throughout most institutions, your office is right there in the housing unit. So it may not have necessarily been for the purpose of having a review to go over the program goals, but you can literally see the inmates walking on the housing unit because you have to walk past them to get to your office.
So that's where the daily contact comes in. Most offices are located right there in the housing units with the inmates.
Q. Is that still the case?
A. Yes. The offices are pretty much in the housing unit. They just sit adjacent to the living quarters.
Q. So is it fair to say that a case manager today would have daily contact with their inmate?
A. You would have daily contact. It may not -it may not be daily contact with the same inmates, but, yes, your office is on the housing unit. Somebody's going to stop back by your office to say something.
When you're going in and exiting out of your office, the inmates are in the housing unit.
Q. Okay. There are two case managers that were involved in Frederick Mervin Bardell's release, Kendrick Hollins and Randolph King. Do you know which one he was assigned to?
A. I can't recall which one he was assigned to.
Q. Okay.
MS. NWOKOLO: All right. Can we go off the record? And we're going to take a short break.
(Break from 11:12 a.m. to 11:14 a.m.)
MS. NWOKOLO: We don't have any more questions, and we are adjourning the deposition.
MS. POSTERARO: No, no follow-up. Thank you.
MS. NWOKOLO: Mr. Greene, did you have any questions?
MR. GREENE: No, I do not. Thank you.
THE REPORTER: The deposition is complete. Will counsel please state all stipulations with regard to custody of transcript, exhibits, and any other pertinent matters?
MS. POSTERARO: Yeah, we'll read and sign.
(Deposition adjourned at 11:14 a.m.)
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