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, Mr. Jason Sickler, U.S. DEPARTMENT OF JUSTICE FOR WARDEN KRISI ZOOK: Mr. Glenn Green, U.S. DEPARTMENT OF JUSTICE, Dickman Davenport, Inc.
ORAL AND VIDEOTAPED DEPOSITION of BREANNA MAYS, 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 3:09 p.m. to 4:31 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, Mr. Jason Sickler, U.S. DEPARTMENT OF JUSTICE
FOR WARDEN KRISI ZOOK: Mr. Glenn Green, U.S. DEPARTMENT OF JUSTICE, Dickman Davenport, Inc.
ORAL DEPOSITION OF BREANNA MAYS MAY 2, 2022 VOLUME 1
WITNESS .............PAGE
BREANNA MAYS
EXAMINATION BY MS. NWOKOLO .............4
CORRECTIONS MADE BY WITNESS .............51
SIGNATURE BY WITNESS .............52
REPORTER'S CERTIFICATION .............53
EXHIBITS .............IDENTIFIED
9 - .............36
PREVIOUSLY MARKED
EXHIBITS.............IDENTIFIED
6 - Release Order.............17
PROCEEDINGS
(All parties present have hereby waived the necessity of the reading of the statements by the deposition officer as required by Rule 30(b)(5).)
BREANNA MAYS, having been first duly sworn, testified as follows:
EXAMINATION
BY MS. NWOKOLO:
Q. Ms. Mays, thank you for being here today.
A. Okay.
Q. Just for the record and just so you know, I know that Ms. Posteraro -- they have just introduced me, but for the record, my name is Soma Nwokolo. I am an attorney with the law firm of Bradley. I actually work out of Tampa, and I'm assisting special master Lee Bentley, who's sitting to my left in this investigation.
I'm not sure how familiar you are with the Court's appointment, but the Court appointed a special master as independent counsel to make findings about what occurred surrounding the release of Frederick Mervin Bardell in February of 2021.
Also in the room, for the record, is Julie Posteraro, representing United States and
MS. POSTERARO: Jason Sickler.
MS. NWOKOLO: Jason Sickler, I was trying to think of your last name.
Q. (By Ms. Nwokolo) -- Jason Sickler, who is with the Bureau of Prisons, and then Glenn Greene is on the phone, and he represents Warden Kristi Zook in her personal capacity.
So if we could start with just some background information. If you could, tell me what your
MR. BENTLEY: I'm sorry, I don't know how to turn that down.
Q. (By Ms. Nwokolo) - what your current position is at Bureau of Prisons and how long you've worked for the Bureau of Prisons.
A. Okay. Breanna Mays, unit secretary. I've been a secretary since May of 2020. I have been with the Bureau of Prisons since May of 2016.
Q. And what did do you with Bureau of Prisons before May of 2020?
A. I was a correction officer.
Q. At the Seagoville facility?
A. Yes, ma'am.
Q. And were you ever briefly a housing unit manager?
A. No, ma' am.
Q. Okay. Sorry, I thought I read that in an email somewhere.
Okay. So at the time of Frederick Bardell's release in 2021, you were also a unit secretary, correct?
A. Correct.
Q. Okay. Can you explain to me specifically in terms of release procedures when -- when a -- when a -- well, any release order is issued -- and I want to clarify to the community as opposed to a halfway house -- what your responsibilities as a unit secretary are?
A. Okay. My responsibility as the unit secretary is to basically route paperwork in regards to the release of an inmate. So my first step is getting a release address prepared for the inmate wherever he's going. I also make the travel arrangements for the inmate, and I route the paperwork from the case manager, all the way to the CMC or the warden, and I prepare two of the documents that's in the release, the release and gratuity and the NORA, the notice of release and arrival.
Q. Are you involved at all in the process of coordinating with probation about the release address?
A. No. That would be the case manager.
Q. Now, when you say that you are responsible for obtaining the release address, how do you do that?
A. I typically will have the inmate come to wherever my location is, my office, and I would ask them what is a good release address for them. Now, typically the release address is probably already approved by probation because that's what the case manager would do, but I would just verify to make sure that that's the same address that they're going to.
Q. So can you explain the order of events that happens with approving the release address and -- and where your responsibility falls in that process?
A. Repeat that one more time?
Q. Sorry, let me state it more clearly.
A. Okay.
Q. I'm a little confused because when you said "get release address," I just assumed that the release address comes from you
A. Okay.
Q. -- like you write it down.
A. Uh-huh.
Q. But -- but you're saying that the -- the case manager has typically already gotten that information and probation has already -- has typically already approved it before you speak to the -- the inmate about the release address?
A. So typically, a case manager usually teams an inmate every 90 days, 60 days, or however -- wherever the release is, so they have a pre-appr- -pre-approved release address. So if that address has not changed or probation has not denied that address, it will be the same address. So basically I'm just confirming if that address is still the address that they are releasing to.
Q. So for an immediate release, that would be a little different, right, because for an immediate release, there would be no 90-day meeting beforehand, correct?
A. Well, even if there's -- they're immediate release, they should still have a release address on file. If they don't for somehow, then, yes, the case manager would need to ask for that release address. But if it -- but typically, there should always be some sort of a release address even if it's an immediate release.
Q. So at what point does probation begin looking at the address to approve it? Because I understand that it's -- you know, the release address is on file for a while.
A. Yeah.
Q. But at what point does probation investigate and approve it?
A. I don't know. I -- I don't deal with that, so I don't know how far in advance they would approve it.
Q. So you also mentioned that one of your responsibilities is coordinating -- making travel arrangements for inmates as they are released. Can you explain what that process is?
A. Okay. So typically, we do use Greyhound services for the departure of an inmate. On certain circumstances, we may use a flight or a taxi or POV, which is personal vehicle provided by the inmate's family.
So I basically look and see where the inmate is going, if he's going to Florida. If the bus has no schedules or no routes available, we will go to the next option, which will be the flight. And I would -- we have an account with Greyhound, and we also have an account with Sato Airlines.
And I would look to see what is cheaper or what is more feasible to the institution.
Q. When you say "feasible," what do you mean by that?
A. If the bus for some reason takes 40 hours, that might not be feasible to put an inmate on a 40-hour bus ride. It might be a little more feasible to put them on a flight at that point.
Q. What about medical considerations?
A. I don't deal with medical. I've never had a situation where a medical has ever come into play as far as the travel arrangements for an inmate.
Q. And when you say you've never had a situation where medical has come into play, are you -- when you say "medical," are you referring to the health services team?
A. Yes.
Q. Have you ever had a situation where you personally observed a medical condition and felt that a transportation mechanism should be recommended?
A. No.
Q. Is that something -- is the medical condition of an inmate something that you feel you do take into consideration, or it just hasn't happened yet?
A. It just hasn't happened yet.
Q. But it is -- is it a consideration?
A. If -- if I felt -- if for some reason the inmate couldn't travel, then, yes, I would voice it to medical personnel, but I haven't had that happen yet.
Q. Okay. So in this -- for this inmate, with - for Frederick Mervin Bardell, do you remember having a conversation with Ms. Evans about a recommendation for certain transportation?
A. Yes, I do.
Q. Can you explain what that conversation was?
A. So I went over to Unit 6, and I -- Ms. Evans gave me the inmate's name and number, and she said a flight -- a bus ride may not be feasible. We might need to put him on a flight. And that was pretty much the extent of that conversation as far as to put him on a flight.
Q. Did she explain why at all?
A. She just said medical -- medical reasons. Not in more detail but just medical reasons.
Q. Okay. You had to interact with Mr. Bardell on the day of his release, correct?
A. Correct.
Q. And what was the interaction?
A. I called Mr. Bardell to the secretary's office in Unit 6, and I asked him, of course, was that the correct release address, and I asked him -- let's see, what goes -- what went first?
So actually, before I called him into the office, I talked to the CMC because I had already started looking at flights for him before I called him back there. And I couldn't find any contracting flights, so I contacted the CMC to let her know.
And then I contacted the inmate and brought him back and asked him if by any chance his family would be willing to pay for his flight, and he said, yeah, that wouldn't be a problem. So that was when we called his family. And he was in there with myself.
And we -- I talked to the mother, and I asked her would she be willing to pay for the flight, and she said, yes, no problem. We got online, started looking at flights. The inmate was fine. He asked to sit down. That was pretty much the extent of it.
We looked for flights. We booked the flight, and then he signed his NORA, and then he left.
Q. When you signed his NORA, you mean he signed d -- his?
A. Notice of release and arrival.
Q. Okay.
A. This -- this form. No, not that form, sorry. Well, no, maybe it's not in here.
Q. Yeah, I don't think
A. No, it's not in there. He signed his NORA.
Q. Okay.
A. And then he left.
Q. When -- when the immediate release order comes to the office -- I mean, we've talked -- sorry, not the office, the institution. We talked to a number of people today who said that because it's so fast-paced, it kind of gives them a sense of anxiety.
A. Oh, yeah.
Q. Do you -- do you feel rushed when an order like that comes down?
A. I wouldn't say rushed, but we know it's a -it's a time restraint on it. So we know that it has to be done that day, so it's -- I wouldn't say rush, but it is on a quicker scale than a regular release.
Q. Okay. Does it give you a sense of anxiety when it comes -- when one comes down?
A. Well, I would say, yeah, just a little bit.
Q. Do you think that when you were on the phone with Mr. Bardell's mother, that that may have been conveyed on the phone call, a sense of time urgency?
A. It could have. It could have. I mean, her son is getting released, so, I mean, she probably was wanting to do whatever she could, so it probably was time urgency, yeah.
Q. Okay. Do you -- do you recall having a conversation with the inmate's mother about arranging for a medical flight?
A. No. That was never discussed.
Q. Okay. And you mentioned that during the conversation, that Mr. Bardell asked to sit down.
A. Yes.
Q. And at this point, you had been told by your unit manager, Ms. Evans, that he was going to take a flight for health reasons?
A. Correct.
Q. When you observed him, did you observe, I mean, any health -- like, any obvious, like
A. The only thing I noticed that he was a little weak. But he was able to talk to me, he was able to sign. He didn't seem sick. He just seemed a little weak.
Q. And how -- when you say he seemed weak, is that from asking him to sit down?
A. Correct.
Q. Okay. And did anything else -- did any of your -- did you observe anything else that -- that made you feel like he was weak, like
A. No, ma'am.
Q. Okay. Just the asking him to sit down?
A. Yeah.
Q. Okay. Did he look strained at all?
A. No. He just -- actually, this was my first encounter with him because he wasn't my inmate. So when I say he looked weak, he just -- like I say, he asked to sit down, and he kind of just was like -- you know, just -- I mean, just weak. He didn't really -like I say, he didn't really look sick.
Q. Would it be accurate to say it just seemed like he was very low energy?
A. Correct.
Q. And I understand during that conversation his mother was able to speak directly with him; is that correct?
A. Correct.
Q. And she asked him several times if he was okay to fly?
A. Correct.
Q. And noth- -- did any of your obser- -- did anything that you observe make you question that?
A. No, no.
Q. Okay. You mentioned that this wasn't your inmate. How did you get assigned to the -- the release?
A. At the time, Unit 6 secretary was actually in training. He had just came on board, so he hadn't even been there two or three days, so I was asked to come over to assist with this release.
Q. Okay. So there's different units in the -in the facility?
A. Correct.
Q. How many units are there?
A. Six.
Q. Six units?
A. Well, not including the -- on the compound side, there's six units.
Q. And are inmates typically assigned an even numbers to each unit?
A. Correct.
Q. Okay. How many inmates are typically assigned to a unit?
A. Per unit, they range from 160 to 330 in the units.
Q. Okay. Okay. And was part of -- the unit secretary's part of the unit team, correct?
A. Correct.
Q. Okay. And who else is part of that team?
A. I have a case manager, counselors, and unit manager, and myself, the secretary.
Q. Okay. As part of the release process that day, did you ever receive the judicial order releasing the inmate?
A. Are you talking about the judgment from the -- from the -- judgment from the
Q. I can actually show you.
A. Okay.
Q. It's Exhibit 5 in front of you.
A. Exhibit 6.
Q. Exhibit 6, sorry. Thank you.
A. Yes, this came.
Q. Okay. Did you read it?
A. No.
Q. Okay. Why?
A. Honestly, we just -- well, I just saw immediate release, and I didn't -- I didn't read it.
Q. Do you typically read release orders?
A. Typically, no. Now I do.
Q. And you say now you do. Because there's a new policy in place?
A. Correct.
Q. And what is that policy?
A. I believe the policy is we have to, of course, read it, and then I believe it goes -- I don't want to quote it wrong, but I believe it goes to the warden, and the warden needs to read it, and it goes up the chain.
Q. Okay. So if this release were to come in today, you would read the whole thing? A. Absolutely. Q. Okay. So let's do that now -- not the whole thing, but -A. Okay. Q. -- let's read the end of it.
So starting on Page 5, the bottom where it says, "Conclusion." This is the portion where the Judge set forth directions to -- to the parties or to whoever else is involved.
And so the first direction is just that he grants the motion for an emergency compassionate release. And then moving on to Page 6 of Exhibit 6, second direction is he reduces the sentence to time served. The third direction is he modifies the supervised release. The fourth direction is directed to Bardell's counsel and probation office to create a release plan -- approved plan of release and update the Court every week and notify the Court when the Defendant's released. And the fifth directive -direction is for the Bureau of Prisons, and it says, "The Federal Bureau of Prisons is directed to release defendant Frederick Mervin Bardell immediately after the United States probation office approves a release plan."
Now, based on our review of that order, what -- what is your understanding of what the Court directed the Bureau of Prisons to do?
A. After I read that -- now reading it, it states that his time will be reduced to time served. It also says that the Federal Bureau of Prisons will have -- be directed to release him after the supervised release plan is approved.
Q. Okay.
A. And that's pretty much what I get from it.
Q. Okay. So your understanding is that the Court ordered that the Bureau of Prisons to release him after a supervised release plan was approved by the probation office?
A. Correct.
Q. Is there anything about that direction that's confusing to you?
A. No.
Q. Is there anything based on your experience with the Bureau of Prisons that would prevent the Bureau of Prisons from complying with that direction?
A. No.
Q. I think we already covered it, but you are not -- your position doesn't coordinate with probation supervised release plan, correct?
A. No, I do not.
Q. That's the case manager, correct?
A. Correct.
Q. Do you have any role in preparing the supervised release plan, the form?
A. No. Not this supervised release plan, no, ma'am.
Q. Okay. So when an order comes in for an immediate release, what is -- I mean, what is the order of events that happens? And then if you would kind of tell me what your role is in that -- in that order of events.
A. Okay. So the order usually comes in from correctional services. An email is sent to all parties involved. I was not included on that email because I'm not assigned to that unit, but I was called over by Unit Manager Evans to come assist.
So I was given -- like I said, I was given the inmate's name and -- and register number and where he was going. I was given the address by, I believe, Case Manager King. Then I called in the inmate, and -- I -- I called in the inmate and confirmed that this was the correct address that he was releasing to.
I start preparing the release and gratuity, but upon doing the release and gratuity, I'm also doing the travel arrangement. So in order to do the travel arrangements, that is when I started looking up flights, and I could not find any contracting flights.
So we usually use Sato, as I said, before, and Sato did not have any contract flights available, so I contacted the CMC to let her know, Ms. Kennedy, that there was no contract flights available. Ms. Kennedy asked me to maybe make contact with the family to see if they would be able to pay for the flight. That's when I called the inmate in, and we contacted his mother.
From there, she booked a flight. She sent it over to Unit Manager Evans via email. I then prepared the release and gratuity with the flight itinerary information. I prepared the NORA. From there, I was given the VCCLEA -- which is prison release notification -- from the case manager. I routed that from the case manager to the unit manager to the CMC to the warden.
And then I put all of the documents together, put the judgment in there, and I then routed it again back through the case manager, unit manager, into the CMC which, is the final step.
Did that answer -- I think I
Q. Yes, that was very helpful. Thank you.
So just to make sure that I didn't miss anything
A. Uh-huh.
Q. -- when a release order comes in, typically you would receive an order from correctional services, correct?
A. Correct.
Q. You didn't receive an order from correctional services here because it was not your unit?
A. Correct.
Q. Okay. And then your role involves a lot.
You confirm the release address, correct?
A. Correct.
Q. You prepare the release and gratuity form, correct?
A. Correct.
Q. And that includes the transportation information?
A. Correct.
Q. And then you prepare the travel arrangements, correct?
A. Correct.
Q. I'm going to guess you do it -- those occur simultaneously?
A. Correct.
Q. Okay. You prepare the prisoner release notification?
A. I don't prepare it. I just route it.
Q. Okay. So you were -- then you route the paperwork, which includes the prisoner release notification, and the case manager to the unit manager to the case management coordinator to the warden; is that correct?
A. Correct.
Q. And as you're routing it, what are you doing at each individual person?
A. So each individual person, the only thing that goes all the way to the warden is the prisoner release notification, so each person is looking over it to make sure that it's correct and detailed. It has Sentry paperwork that goes along with it, and they're just making sure that everything is correct on the prisoner release notification.
Q. Okay. And then you put the documents together and -- along with the judgment?
A. Uh-huh.
Q. And you reroute it back to the case manager, unit manager, and then the case management coordinator is the final step?
A. Correct.
Q. Okay. So based on your experience as the unit secretary, have -- have you done a lot of these?
A. I've done a lot of releases
Q. Okay.
A. -- yes.
Q. If you had to estimate how many releases you've done, could you give me a ballpark? More than 50?
A. If we're talking strictly street releases, which this would be considered a street release, I've done probably in the ballpark of around 40 -- maybe 40.
Q. Okay. And when you say "street release," that's release into the community as opposed to a halfway house?
A. Correct.
Q. Okay. So in your opinion, who -- who out of all these steps has the responsibility for making sure that a release order is complied with?
A. Ooh. In my experience, and like I said, I'm just going to say the case man- -- not the case manager, the CMC because they are in charge of -- of releases. That's -- that's kind of their -- their ballpark.
Q. So not the warden?
A. No.
Q. What in your view is the warden's role in all of this?
A. The warden's role, of course, is to make sure that that VCCLEA, which is prison release notification, has all the correct details on there and to make sure that the inmate is -- is -- is processed out by that day.
Q. So you said one of the responsibilities of the warden and -- from your perspective, is to make sure that the prison release notification has the correct details on it; is that correct?
A. Correct.
Q. It's my understanding that the warden signs the prisoner release notification before it's -before everyone else signs it; is that correct?
A. Everyone else, meaning...
Q. Does anybody else sign the prisoner release notification?
A. No one else signs it, but everyone reviews it.
Q. Okay.
A. Does that make sense? The warden initially si- -- and signs it, but everyone reviews it.
Q. Okay. So is it -- is it accurate that -correct me if I'm wrong, does the prisoner release notification form gets signed before the rest of the forms are completed?
A. Yes, it should.
Q. What is a -- why do you call it a VCCLEA?
A. That's -- I guess that's the short name for it. They've used that. I actually don't know where it comes from.
Q. What's the spelling?
A. I think it's VCCLEA.
Q. Do you know what it stands for?
A. I don't. I don't.
Q. You're not the only one that's used that, I should say.
A. Sorry, the correct name for it is prisoner release notification.
Q. Were you ever told that -- were -- were you ever told to coordinate travel with the inmate's attorney -- Mr. Bardell's attorney?
A. No.
Q. Did you ever speak to her during this process?
A. The attorney? No, ma'am.
Q. And you escorted Mr. Bardell to the R&D department for his release?
A. Correct.
Q. And when you -- and I got this from one of court documents that the government filed, but what does it mean you escorted him? Did you physically walk him?
A. Yes. I mean, we walked together from the compound to the R&D, yes.
Q. Did he appear to have any trouble walking?
A. We did use a wheelchair.
Q. Is that something that he requested?
A. He did.
Q. Is that something that could have been made available to him to transport -- for his transport out of the facility?
A. I'm not sure. I'm not sure on that.
Q. Did you have any experience arranging transport with wheelchairs?
A. I have not.
Q. Okay. So did you have to push him in the wheelchair?
A. I did.
Q. Okay. So you pushed him from -- was it from -- where did you pick up the wheelchair?
A. So the wheelchair was in his housing.
Q. Okay.
A. -- unit in 6 Building, and we walked from the housing unit to R&D.
Q. Okay. Did he come into -- your -- is your office in the housing unit?
A. Yes.
Q. But that wasn't your unit, correct?
A. Yes.
Q. Okay. So when you are making the travel arrangements with him and his mom was on the phone, where were you?
A. I was in the Unit 6 secretary office, which is in the housing unit.
Q. Okay. Was the new secretary there? Was it just
A. Yes, he was present.
Q. And what's his name?
A. Manuel Reyes Lopez.
Q. So he was in the room as the travel arrangements are being made?
A. Yes.
Q. Okay. And how did Mr. Bardell get to the office? Were you already in there when he got there?
A. No. He walked down. I don't know if he was on the first floor or the second floor, but he walked to the unit team hallway.
Q. He walked into the office?
A. Uh-huh.
Q. Did he have any trouble walking to your observation?
A. Not -- not at this time, no.
Q. Okay. And at what point did he ask for a wheelchair?
A. When we were getting ready to walk over, when he was getting ready to be released.
Q. Okay. So after the travel arrangements were made, did anything happen between the end of the phone call with his mom and walking him to R&D?
A. No. So he went back to the housing unit. I mean, it's in the same building.
Q. Uh-huh.
A. But he left out of the unit team area and went back to the housing unit while we finished up the paperwork. Once we were done with the paperwork and it was time for him to be released, that's when he asked for the wheelchair.
Q. Okay. And who provided the wheelchair?
A. It was in the housing unit, so I believe it was another inmate's.
Q. Okay. So then you pushed him to R&D for his release?
A. Uh-huh.
Q. And did you see him again after that?
A. No.
Q. Okay. So do you have any knowledge of -actually, let me back up.
We mentioned earlier -- we talked about, you know, considerations that go into transporting an inmate out of the facility. We talked about feasibility. You've defined that as distance, the length of the trip. Something was going to take 40 days, that's not feasible -- or 40 hours. I don't remember what we said. Cost to the Bureau of Prisons is also a consideration, and we also talked about medical condition would -- would be something that you would recommend if you saw it, but you hadn't had experience with it; is that correct?
A. Correct.
Q. Okay. So when Mr. Bardell requested a wheelchair, did it occur to you that -- that that might be something that should be factored into his transportation out -- out of the facility?
A. Honestly, I did not. I did not. Q. Okay. And did he ask you for a wheelchair?
A. Yes, he asked me.
Q. Okay. Did you tell anyone else about the wheelchair?
A. I did not.
Q. Okay. So other than him saying -- asking to sit down -- actually, let me -- let me ago back up.
So I asked you about your observations of him that day, and you said that he appeared weak; is that correct? And we defined that as low energy; is that correct?
A. Correct.
Q. And he asked to sit down, and he asked you for a wheelchair, correct?
A. Correct.
Q. And I'm sorry, I forget to say from the beginning, but because there's a transcript being made, if you nod, that's not going to be on the transcript.
A. Okay.
Q. I need you to say "yes"
A. Yes.
Q. -- even though I've been guilty of doing that, so I have -- I need to remind myself.
Is there anything else that you observed because we didn't -- you didn't mention the wheelchair before?
A. No. That is -- that's it. That's all I can remember.
Q. So you brought him down to the R&D, and you -- he was still in the wheelchair when you left?
A. So that's where my -- I can't remember. I don't remember if I took the wheelchair or if I left the wheelchair. I can't remember.
Q. Okay. And do you remember who you left him with?
A. The correctional services staff. I don't remember exactly who was in there, but correctional services staff.
Q. Are you aware of -- are you aware of any requirements that an inmate must be cleared medically before he leaves the -- the prison facility?
A. I'm not familiar.
Q. So for the supervised plan -- supervised -supervision plan of release -- supervision release plan, we discussed earlier that the supervision release plan is -- the case manager is responsible for contacting the probation officer to approve the release address; is that correct?
A. Yes.
Q. Do you -- do you ever -- do you receive a notification once a probation officer has approved a release plan? Would you know about that?
A. Typically, the case manager -- case manager will let me know if that release address has been approved. Sometimes, it depends on who the case manager is, they will attach me to the email, but not in this case.
Q. So in this case, you didn't receive any notification that a release plan had been approved by probation?
A. No, ma'am.
Q. Do you know if a release plan was approved by probation?
A. No, ma'am, I don't.
Q. So there's -- there's some emails in the documents, if you remember this. Do you recall emailing with Jason Burnham?
A. Yes.
Q. Okay. About the release address?
A. Correct.
Q. Okay. And do you recall him sending several emails to ask about the release address?
A. I know he sent one for sure. I don't know how many he sent.
Q. Other than receiving an email from him, was there any other reaction -- interaction about the release address?
A. No.
Q. Okay. Why would Jason Burnham be asking for that?
A. Because he's a part of the correctional systems, so in order to prepare their release authorization form, they need the address of his release.
Q. Okay. Is this something that you provided to Jason Burnham?
A. Yes, I believe so.
Q. And you -- you -- you got that information from -- directly from Mr. Burnham?
A. Yes. And from the case manager because it was on the supervised release plan.
Q. Okay. And did you ask Frederick Bardell about that address?
A. Yes.
Q. Okay. Are you aware of any circumstances in which an inmate can be released to the community without a release plan being approved by probation?
A. Can you repeat that one more time?
Q. Are you aware of any circumstances in which an inmate is allowed to be released without pro- - without a release plan being approved by probation?
A. No.
Q. So in -- in your -- it's your understanding that a release plan must be approved by probation before an inmate can be released?
A. That's correct.
Q. Have you ever been told or are you aware of any complaints from the probation about case management or in- -- the inm- -- a unit team failing to coordinate with probation on a release plan?
A. I've had some situations where case managers had tried to reach out to probation, and they've gotten no response. But other than that, I'm not aware of any other discrepancies, I -- I guess you could say.
Q. So you're aware of situations where a probation officer has -- has not responded to outreach from a case manager about approving a release address?
A. Yes, I've -- I've seen that before.
Q. But you're not aware of any situations where a case manager has just failed to reach out to a probation officer to approve a release address?
A. No, not since I've been secretary.
Q. Have you ever seen it?
A. No.
MS. NWOKOLO: Okay. Can we go off the record?
(Break from 3:54 p.m. to 4:14 p.m.)
MR. BENTLEY: I'm showing you what's been marked for identification as Exhibit No. 9.
(Deposition Exhibit No. 9 was marked.) THE WITNESS: Okay.
MR. BENTLEY: And, specifically, I really just want to ask you about the color photograph that's on the next to the last page. I'll represent to you this was a photograph taken of Mr. Bardell a few days after he was released. Do you recognize this as being the Mr. Bardell that you've testified about here today?
THE WITNESS: Yes.
MR. BENTLEY: And I'm not trying to be argumentative here, but I know you've told us that when you met with him, you thought he seemed tired and low energy, but he didn't really seem sick to you.
After seeing this photograph, does this refresh your recollection as to how Mr. Bardell appeared to you on that day? Does he look any diff- -- I know he wasn't laying down in a hospital bed, but isn't he rather emaciated here? He looks like he's almost been starved to me.
THE WITNESS: Yes, he does look a little frail.
MR. BENTLEY: And if you saw this individual standing up, you wouldn't think he was sick?
THE WITNESS: I might think he was sick, but as I've said, that was my first time ever seeing inmate Bardell.
MR. BENTLEY: You knew he was, what, 54 years old?
THE WITNESS: Correct.
MR. BENTLEY: And he's - he doesn't look like a healthy 54-year-old man, does he?
THE WITNESS: No, he does not.
MR. BENTLEY: I want to ask you, you said that when he met with you early in the day on that Monday -- was it December 8th?
MS. NWOKOLO: Yes, or, sorry, February 8 th.
MR. BENTLEY: I'm sorry, February 8th.
When he met with you early in the day, he asked if he could sit down. Did he ask for a wheelchair during that meeting?
THE WITNESS: No.
MR. BENTLEY: Okay. It was later when
you were walking him to R&D that he said he needed a wheelchair?
THE WITNESS: Correct.
MR. BENTLEY: And how did you get the wheelchair for him?
THE WITNESS: I -- an inmate, I believe, brought it to the unit team hallway so he could be escorted to R&D.
MR. BENTLEY: At you request?
THE WITNESS: Yes.
MR. BENTLEY: And you understood he was being brought to R&D to be taken to the Dallas/Fort Worth Airport?
THE WITNESS: Yes.
MR. BENTLEY: And what was your understanding as to how he was going to get to the Dallas/Fort Worth Airport?
THE WITNESS: Via town driver, which is an inmate camper companion driver.
MR. BENTLEY: Where - where do these inmate drivers come from? Do they come from the Seagoville facility?
THE WITNESS: Yes. They are campers. So they're on the outside of the facility, but they're still inmates.
MR. BENTLEY: Do you know whether when these -- what are they called again, I'm sorry?
THE WITNESS: Town drivers.
MR. BENTLEY: Town drivers?
THE WITNESS: Uh-huh.
MR. BENTLEY: Do you know when these town drivers transport inmates to the airport whether they're allowed to get out of the vehicle?
THE WITNESS: I do not know. I do not know.
MR. BENTLEY: Would it surprise you to learn that they're not allowed to get out of the vehicle?
THE WITNESS: Yes, that would surprise me.
MR. BENTLEY: All right. Well, I guess what I'm trying to understand is, once you saw he was in a wheelchair, did you reconsider whether he was well enough to take a commercial aircraft back to the Middle District of Florida?
THE WITNESS: I did not.
MR. BENTLEY: Okay. Did you have some understanding as to how he was going to get from the car -- or the curb of the DFW Airport to his plane, and then change planes in Atlanta, and get all the way to Jacksonville?
THE WITNESS: I did not.
MR. BENTLEY: Did you have any concern about it?
THE WITNESS: No, I did not. Because inmate Bardell was asked was he comfortable with that flight arrangement, and he agreed he was comfortable.
MR. BENTLEY: Do you know how long he'd been in custody?
THE WITNESS: No.
MR. BENTLEY: Well, that information was available to you, wasn't it?
THE WITNESS: Correct.
MR. BENTLEY: And it'd been a long time since he'd been in a air- -- commercial airport, hadn't it?
THE WITNESS: Depended on how much time he had served, yes.
MR. BENTLEY: I guess I'm just wondering, even if he told you he was going to be comfortable navigating DFW and the Atlanta airport, how somebody in this physical condition in a wheelchair was going to be able to do that. I'm not trying to put this all on you
THE WITNESS: Yeah, I know you're not.
MR. BENTLEY: - because I - I just - I don't -- I'm really not. But I'm just wondering -when he asked for that wheelchair, I'm wondering why nobody said, look, we've got to make sure he's able to get on this flight and
THE WITNESS: Honestly, I just - I don't think that crossed my mind. I can't speak for anyone else, but it didn't cross my mind.
MR. BENTLEY: Did you ever hear anybody else talking about it?
THE WITNESS: Talking about...
MR. BENTLEY: About how Mr. Bardell - I mean, some other people saw Mr. Bardell on February 8th, didn't they?
THE WITNESS: Correct.
MR. BENTLEY: And just to refresh our recollections, who else in at Seagoville would have seen Mr. Bardell on February 8th?
THE WITNESS: The case manager, the unit manager, and the correctional services staff.
MR. BENTLEY: And who in the correctional services staff?
THE WITNESS: I believe Mr. Burnham was there, and I don't know who else was there because I only con- -- made contact with Mr. Burnham.
MR. BENTLEY: And how many of them would have known he was flying back to Jacksonville on a commercial aircraft?
THE WITNESS: Out of the people that saw him that day?
MR. BENTLEY: Yeah.
THE WITNESS: The case manager, the unit manager, and the correctional services staff, whoever released him, which would be Mr. Burnham and
MR. BENTLEY: So they all saw him in this condition that day and knew he was going to be flying commercial, correct?
THE WITNESS: Correct.
MR. BENTLEY: And they - how many of those individuals saw him in a wheelchair or were aware that he'd asked for a wheelchair?
THE WITNESS: I believe just the correctional service staff would have saw him in the wheelchair.
MR. BENTLEY: That would have been Jason Burnham?
THE WITNESS: Yes. And whoever else was over there. I don't know who else was over there.
MR. BENTLEY: And he also would have been aware that Mr. Bardell was going to be dropped off at the airport by a town driver?
THE WITNESS: Correct.
MR. BENTLEY: Did you ever hear anybody at Seagoville ever talk about whether Mr. Bardell was justified in receiving a compassionate release?
THE WITNESS: No, I did not hear anybody else talk about that.
MR. BENTLEY: Whether -- did you ever hear anybody at Seagoville ever talk about compassionate release in general as far as whether prisoners were being granted compassionate release when they didn't deserve it or it was unnecessary?
THE WITNESS: No, I never heard that.
MR. BENTLEY: You've never heard any discussion ever?
THE WITNESS: No.
MR. BENTLEY: Do you - did you ever receive any type of training about how to make sure that prisoners were transported back to their home district or where they were going to be released -supervised release?
THE WITNESS: Can you clarify the question?
MR. BENTLEY: Yeah.
Did you ever receive any type of training -- you know, training -- formal training as to what to do to make sure that prisoners were safely returned to their home district to where they were going to be spending their time on supervised release?
THE WITNESS: I haven't had training on specifically that, but I've had training on, you know, my job duties as a secretary.
MR. BENTLEY: Okay. Well, one of your duties is to arrange for transportation?
THE WITNESS: Correct.
MR. BENTLEY: Have you ever received any kind of training on what type of transportation to provide to prisoners to get them back to their home district to where they're going to be serving their supervised release?
THE WITNESS: Correct. We go over that in training, how and the method of transportation, yes.
MR. BENTLEY: And what -- where -- what kind of training do you receive?
THE WITNESS: We receive on-the-job training as far as going through the procedure of releasing an inmate and just my all-around job title.
MR. BENTLEY: So I'm sure you received 44 training on -- on the job or otherwise with respect to how to find a contract carrier
THE WITNESS: Correct.
MR. BENTLEY: - right?
And do you receive training on how to book the prisoner on a Greyhound if that's appropriate?
THE WITNESS: Correct.
MR. BENTLEY: And you received training on how to book a flight through Sato Travel, if that's appropriate?
THE WITNESS: Correct.
MR. BENTLEY: Do you receive training on when you can use a Sato-booked airline as opposed to Greyhound?
THE WITNESS: Correct.
MR. BENTLEY: What - what is that training? What are you told about that?
THE WITNESS: So typically, we -- like I said, we go through Greyhound. For some reason, if Greyhounds' schedules are not available or it's too long of a bus ride, we will revert to Sato, but our first form of travel is Greyhound.
MR. BENTLEY: Off the record.
(Off-the-record discussion.)
MR. BENTLEY: Can you read the last question back?
(Requested portion was read back.)
MR. BENTLEY: And you testified that Sato couldn't find a flight that would work for February 8th, correct?
THE WITNESS: Correct.
MR. BENTLEY: If Sato had had an available flight that worked to get Mr. Bardell to Jacksonville, would you have booked a flight through Sato?
THE WITNESS: Correct.
MR. BENTLEY: And would - would
Mr. Bardell or his family be asked to pay for that flight?
THE WITNESS: No.
MR. BENTLEY: When it goes through Sato, Bureau of Prisons picks up the tab?
THE WITNESS: Correct.
MR. BENTLEY: And when Sato does not have an available flight, you attempt to see whether the inmate or his family can pay for another commercial flight?
THE WITNESS: That situation typically doesn't happen because we do plan 30 days prior, 60 days prior. Now, with an immediate release, it just depends. Sometimes we can get a flight; sometimes we can't; sometimes we can get a quick Greyhound bus.
But typically, that doesn't happen because we plan.
MR. BENTLEY: Yeah, so I know it's rare. THE WITNESS: Yes.
MR. BENTLEY: I guess Ms. Bardell's family was asked to pay for this, and that was because it wasn't booked through Sato?
THE WITNESS: Correct.
MR. BENTLEY: What if Mr. Bardell and his family -- I know this is a hypothetical.
THE WITNESS: Yes.
MR. BENTLEY: But I'm just asking you:
If Mr. Bardell and his family had not had the funds to pay for a flight, what would have happened?
THE WITNESS: We would have booked a flight non-contracted through Sato, but it would have been non-contracted.
MR. BENTLEY: Right.
Do you receive any type of training with respect to -- that specifically relates to the release of -- of the inmates being released on a compassionate release order?
THE WITNESS: Not specific training, no, sir.
MR. BENTLEY: And do you receive any kind of training about what to do with respect to release -- the release of prisoners who are in poor health?
THE WITNESS: No.
MR. BENTLEY: Have you ever been told that when a prisoner is being released pursuant to a compassionate release order, that you should check with the medical department there at the prison to see whether that prisoner is able to travel via commercial flight?
That was a long question.
THE WITNESS: Yeah.
We do have -- if we do get an immediate release, we are supposed to contact medical to see if they have any medication. I don't know if actual -like, if they can travel. Is -- so it's kind of a yes and no. We do contact medical to see if they have any medication, but we don't really contact them to see if they're able to travel.
MR. BENTLEY: I guess I'm wondering -- I was a prosecutor for a long time.
THE WITNESS: Uh-huh.
MR. BENTLEY: And I saw a lot of requests
for compassionate release, and -- and most of the cases where people were seeking compassionate release. I'm not sure if this is still the case. Most of the ones I saw the inmates were in very poor health. A little bit -- most of them looked a lot like Mr. Bardell looks here.
And so I'm just trying to understand if -- if prisoners who -- and those are prisoners who a lot of them weren't released. But when a judge decides somebody's entitled compassionate release because they're going to die in a few weeks or expected to die within a few weeks, I'm trying to wrap my mind around why nobody's tying to determine whether their health precludes flying on a commercial flight.
So do you -- you've never received any kind of training relating to whether a prisoner released pursuant to compassionate release order needs to have special arrangements made for his travel?
THE WITNESS: No, I haven't had specific training.
MR. BENTLEY: Soma, do you have anything else?
MS. NWOKOLO: I do not.
MR. BENTLEY: Okay. Thank you very much. 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: Yes, we'll sign.
(Deposition adjourned at 4:31 p.m.)
Kimberly L, Copeland GA. BAR #186783 Attorney for Bardell
Maria Chapa Lopez United States Attorney Middle District of Florida
Emily C. L. Chang Assistant United States Attorney Middle District of Florida
JOINT STATUS REPORT OF DEFENDANT'S RELEASE
COME NOW the Defendant, FREDERICK MERVIN BARDELL, [hereinafter, ''Bardell''] through his undersigned counsel and the GOVERNMENT through its undersigned counsel and file this Joint Status Report of the Defendant's Release as directed by the Court and shows the following:
CHRONOLGY OF BARDELL'S RELEASE
Unknown to Bardell's counsel and to the government, Bardell was released and discharged from Seagoville FCI, Seagoville, TX 75159, on February 8, 2021, at approximately 4:00 PM, local time. He was transported to DFW (Dallas/Fort Worth Airport) and deposited on the curb. The administration had contacted Charlotte Bardell, Defendant's mother and advised her that she needed to provide an airline ticket for his transportation and he had to be out of the Prison before 4 p.m. Craig and Charlotte Bardell had previously made arrangements to transport Bardell from Seagoville to Jacksonville, Florida via Angel Air and/or Medevac for admission to the Emergency Room at Baptist Medical Center at 800 Prudential Drive, Jacksonville, FL 32207. Baptist Medical Center is an affiliate of Baptist MD Anderson Cancer Center where Bardell would ultimately be treated after evaluation at the Baptist Medical Center.
Counsel for Bardell had previously reported his release to the Court.
The release plans were being finalized when the Bureau of Prisons (BOP) prematurely released Bardell without any further assistance or notice to his counsel. Ms. Copeland called Seagoville FCI multiple times in her attempt to locate Bardell to no avail. When she finally reached someone and advised of Bardell's condition, she was told that they were not aware that Bardell was a stage IV cancer victim. When Bardell's counsel protested the manner of Bardell's release, she was advised that BOP could no longer keep him and that once released, he was on his own.
Bardell traveled by air on commercial Delta Flight 1238 which departed Dallas, TX at 6:15 PM local time. The flight arrived in Jacksonville, FL via Delta Flight 2357 by way of Atlanta, GA, arriving at about 11:44 PM, local time. Bardell was met by his Attorney, Kimberly L. Copeland and his parents, Craig and Charlotte Bardell. After his period of incarceration, Bardell did not recognize his parents, nor did they recognize him. Fortunately, Bardell recognized Ms. Copeland. He was soiled from bleeding and excrement from his bowels at the time he arrived. Ms. Copeland immediately transported Bardell to the Emergency Room at Baptist Medical Center where Edward Cohill, MD, Emergency Room Physician at Baptist Medical Center had previously made arrangements for initial evaluation. Ms. Copeland provided all medical records to the hospital.
After Bardell was admitted to Baptist Medical Center, Weaver Tower room 624, his counsel immediately contacted the Duval County Sheriff's Office to seek compliance with the Sex Offender Registration and Notification Act (42 U.S.C.§ 16901 et seq.) Ms. Copeland was advised that under the circumstances, there was no need to register Bardell that night. She was told that she could register him with the Sheriffs Office the next morning, February 10, 2021, telephonically. Having previously been advised that most extended stay hotels or motels at the airport were suitable temporary residences for sex offenders, the Bardells reserved accommodations, at SpringHill Suites by Marriott, 13550 Airport Court, Jacksonville, FL 32218, telephone, (904) 741-8002.
Bardell's counsel provided updated information to the United States Probation Office for the Middle District of Florida as such information became available. She communicated with Sup. Probation Officers David Lubinski and Crystal Deleto and with Probation Officer Joseph Pinto.
BARDELL'S PRESENT CONDITION
After Bardell's initial preliminary evaluation, his parents were advised by Uni Thomas, MD that Bardell would be discharged to home since his preliminary prognosis was that, at most, he would survive less than six (6) months. The case physician proposed to insert a port into Bardell so that he could receive chemotherapy at home so as to provide the best possible quality of life to him. Moreover, with the Stage IV Cancer which has metastasized to other organs, admission to Baptist MD Anderson Cancer Center could not accomplish any better results. Bardell's weight has dropped from 160 lbs. to 103 lbs. See Attached Photograph.
BARDELL'S HOUSING
Bardell has been advised that his home at 3365 Medici Boulevard, New Smyrna Beach, Florida 32168 is not acceptable under the terms of release for a sex offender. Federal Probation Officers Joseph Pinto and David Lubinski inquired whether Bardell could be grandfathered into his home since he was released on a $25,000 unsecured bond to his home, pre conviction and his home had been maintained by his family, post-conviction during his period of incarceration. Their efforts were to no avail. The Duval County Sheriff's Office expressed that if Bardell is in fact terminal as described by his counsel, then he should not be required to register. Bardell's family meanwhile will continue their search for acceptable housing.
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