Blog note: this report references a 2012
Alameda County Grand Jury report on large Alameda County government contracts.
County The mother of a man who died in Santa
Rita jail has recently filed a wrongful death claim against Alameda County,
accusing the medical provider and jail staff of negligence. Tanti Martinez says
her son’s death was preventable, and he was repeatedly denied surgeries that
may have fixed a persistent breathing problem of which jail doctors were aware.
2
Investigates has been looking into the circumstances surrounding Mario
Martinez’s death for months, and has uncovered a series of controversial
medical calls, gaps in oversight, and questionable connections to public
officials.
Now
added to that list, a stream of campaign donations flowing from the jail’s
embattled healthcare provider to a member of the Alameda County Board of
Supervisors.
“Blood money”
Tanti Martinez has been on
a mission since her son’s death inside Santa Rita jail July. Mario Martinez,
29, suffered an asthma attack in his cell, collapsed, and died in a common
area. Medical records show that, for several months, Martinez had been
complaining of nasal polyps that were making it difficult to breathe. Despite
multiple court orders requiring the jail’s medical provider, Corizon
Correctional Health, to treat the problem, Martinez suffered an asthma attack
and died before the issue was ever fixed.
Tanti Martinez says she now
wants Corizon, Sheriff Greg Ahern, and the Alameda County Board of Supervisors
all to be held accountable for her son’s death.
“Had he had the surgery – a
basic outpatient procedure – that would have never happened,” she said.
“Justice would be that they be held accountable. Justice would be that they are
charged with my son’s death, which I feel is murder.”
Corizon currently holds a contract with Alameda County worth $237 million in exchange
for medical services at Santa Rita Jail and Glenn E. Dyer detention facility.
The Tennessee-based company, which was previously named Prison Health Services
(PHS), has been operating at Santa Rita since 1988.
2 Investigates discovered
Alameda County’s current contract with Corizon was originally put out
to bid in 2008 as a three-year deal. But since then, it’s been extended
repeatedly on the recommendation of the Sheriff and with the unanimous approval
of the Board of Supervisors, and with an exemption from the public competitive
bidding process.
During the period of time
in which Corizon’s contract was repeatedly extended, 2 Investigates found the
company was making political contributions to local elected officials,
including District 4 Supervisor Nate Miley.
Public records show that between 2008 and 2012 Corizon donated
at least $15,000 to Supervisor Nate Miley’s reelection campaigns and at least
one of his political committees. According to county disclosure records, half of that money went to the Committee
for a Healthy Alameda County in 2014, for which Miley was the chair.
“I don’t think it’s
inappropriate because the county allows for parties that contract with the
county to give campaign contributions,” Miley said. “We have no restrictions on
that. What we’re bound by is the law, the FPPC [Fair Political Practices
Commission], and other types of laws that govern our acceptance of
contributions.”
Corizon released a public
statement defending its political contributions to Miley's campaigns and
causes, saying in part, that he is among "the types of officials whose
ideas we support and we are proud to give him our endorsement."
And Miley isn’t alone. Public
documents show Corizon also donated a total of $110,000 to support Ahern’s
campaigns between 2006 and 2013. Corizon has been Ahern’s single biggest
campaign donor during each year that the corporation gave money to support his
election, according to documents.
The Sheriff says he uses
the donations to run a charity golf tournament, and the proceeds go into a
trust fund for Sheriff’s Deputies in need of financial assistance because of
medical problems. Corizon is also one of the golf tournament’s sponsors.
The Sheriff’s office is
responsible for running Santa Rita jail, administering the contract for the
provider of the jail’s medical care, and overseeing its performance. While
accepting Corizon’s campaign money is not illegal, consumer and government
watchdogs question whether the Sheriff’s relationship with a contractor
directly under his office’s purview appears to be too cozy.
Tanti Martinez agrees,
saying she thinks the money going to Miley and Ahern's campaigns is buying
influence.
“They’re all getting paid
and sadly it’s the inmates who are dying,” she said. “It is blood money. [The
Sheriff’s] concern is his golf tournament. That money – $20,000 – went to
his golf tournament. Shame on you Sheriff, shame on you.”
In an August interview, Ahern told KTVU that he doesn’t believe a
conflict of interest exists between accepting Corizon’s donations and
supervising the company as a county vendor.
“You know, these people
(Corizon) aren't my friends. These are my partners, we golf, so they do
contribute to my campaign. So, I don't think there's a conflict of interest,”
Ahern said.
Board of Supervisors
President Scott Haggerty also defended Ahern’s acceptance of campaign
contributions from a county vendor whose services fall directly under his
office’s purview.
“I don’t see it as a
conflict of interest,” said Haggerty. “I think there’s a lot of mechanisms in
place to create the transparency to let the public know that that’s where the
money is coming from. So yes, it is appropriate because he did all the
reporting that was necessary.”
A string of red flags?
This isn’t the
first time Corizon’s contract management and relationship with the county has
faced criticism. In 2012, a Grand Jury examined five of Alameda County’s
largest contracts, including Corizon’s, and issued a report
that found “a systemic problem exists within the county involving a lack of
contract oversight and evaluation.”
The report criticized the fact that Corizon’s
contract was not publicly re-bid for several years and that there was no
performance evaluation of the company before the contract extension was
approved by the Board of Supervisors.
“The Grand Jury is concerned that once vendors
are chosen, weak oversight and the lack of formal evaluations of contracts put
taxpayer dollars at risk,” the report’s authors wrote.
Among its final recommendations, the Grand
Jury suggested that the county require “evidence-based evaluations” of vendors
like Corizon before “large dollar” contracts are renewed.
When asked if the Grand Jury report should
have been a red flag to county Supervisors about Corizon’s contract, Miley said
he did believe the report was “a warning sign.”
“But it doesn’t necessarily mean it’s a sign
that should say ‘We should not extend, we should not approve an extension, we
should put it out to bid,’” he said. “I don’t believe that necessarily
obligates us to do that, but it is a warning sign that obligates us to take a
look at that.”
Yet, just one month after the Grand Jury
report was submitted, the Sheriff recommended
that Corizon’s contract be extended by three years without a competitive bid,
and the Board of Supervisors unanimously approved the proposal and granted
Corizon an exemption.
A year before the Grand Jury report was
issued, the county was already facing a lawsuit for the death of another
inmate. Martin Harrison, 49, was beaten and tased by Sheriff’s deputies
at Santa Rita jail in 2010. The family’s attorney said Harrison was suffering
from extreme alcohol withdrawal at the time. His family filed a federal lawsuit
against the county in 2011, claiming that Corizon medical staff didn’t perform
an adequate medical assessment and Harrison should have been hospitalized
instead.
Corizon and Alameda County settled the lawsuit for $8.3 million early this year. The
settlement was the largest of its kind in California history, according to the
family’s attorney.
Again, when asked if the
Harrison lawsuit or the seven-figure settlement should have been another red
flag about Corizon’s performance, Miley said, “Yes, I believe it should have
been a warning sign, yes.”
Board President Scott
Haggerty disagreed, saying that the death of an inmate warrants reflection, but
at the time, Harrison’s death was not cause for concerns about Corizon’s
performance.
“Corizon deals with a
difficult population and we’re doing the best that we can to get healthcare to
these people,” Haggerty said.
“I can’t be in the jails. I
can’t be in there all the time,” he continued. “I can’t be in that jail
everyday making sure they hand out all the pill to all the inmates.”
Miley said he weighed the
Grand Jury report, the Sheriff’s recommendation, and other factors when making
his decision to vote for a contract extension. Among those reasons, Corizon’s
agreement included a rebate that would give some money back to the county.
Miley told KTVU that he
does not believe the Harrison settlement, the Grand Jury report, or Mario
Martinez’s death collectively would necessarily warrant banning Corizon from
bidding on a new contract, but that those factors would be taken into account
if Corizon were to reapply.
“The contract is coming up
for bid,” he said. “Clearly those are factors that need to be taken into
consideration.”
The county’s General
Services Agency confirmed that a Request for Proposal (RFP) has been initiated,
beginning the first stages of the public bidding process.
A spokesperson for Corizon
said that the company does plan to submit a bid for the county’s next inmate
healthcare contract.
“We have a great record
over 26 years of proven service in Alameda County,” said Martha Harbin,
Director of External Relations for Corizon, “and we intend to be as competitive
as possible to retain that.”
Checks and balances?
Tanti Martinez says she is
looking for someone to be held accountable for her son’s death, and she
believes the blame falls on all levels.
“When Corizon’s contract is
canceled, when Corizon is shut down nationwide, when the Sheriff is held
accountable, when the deputies who were in the [jail] pod with my son and did
nothing to help him while he was suffering, gasping for air… when they’re all
held accountable,” she said through tears, “When the Board of Supervisors is
held accountable for bringing Corizon into Santa Rita knowing their history,
that’s when I’ll have some rest.”
Miley told 2 Investigates
that he believes as a board member he is accountable for Martinez’s death, but
not responsible.
“Obviously we collectively
as a body, the five of us, need to be held accountable,” Miley said, referring
to the five elected Supervisors.
Miley told KTVU one of the
reasons he voted to extend Corizon’s contract in 2013 was based on the
recommendation of the Sheriff and a committee appointed by the Board of Supervisors
called the Adult Inmate Medical Services (AIMS) panel. According to the
county, the panel was created “to independently assess the quality of medical
services delivered to inmates in the Alameda County correctional system.”
But records maintained by
the Alameda County Administrator's Office show the last time the AIMS panel met
was September 24, 2014 when members took a tour of Santa Rita jail and its
medical facilities. The office was unable to confirm whether the panel held any
meetings in 2015.
The county also contracts
an outside doctor, Dr. Calvin Benton, to oversee Corizon’s performance at Santa
Rita and Glenn Dyer and to regularly report back to the AIMS panel and the
Sheriff’s Department. In May, the county renewed a three-year contract with Benton worth $486,000.
But Dr. Benton has documented
more problems with inmate medical care over the years.
In monthly letters to the
Sheriff’s office, Benton reported issues with inmates given the wrong
medicines, physicals performed improperly, inadequate staffing, and
inexperienced staff, among other problems. Ahern told KTVU that each of those
documented issues has since been addressed.
But it’s unclear how much
of those details and issues were shared with the Board of Supervisors by the
members of the AIMS panel. KTVU’s request for reports and minutes of the AIMS
panel meetings is still under review by the office of the County Counsel, which
will determine if the records contain confidential medical information that
prevents their public release, according to the County Administrator’s Office.
The AIMS panel is also
supported by a private company hired by the county to audit inmate medical
records for “quality assurance.” According to county records, the job includes assessing “the quality of
medical services delivered to inmates,” analyzing “randomly pulled clinical
chart data,” and identifying “gaps in health care delivery.”
The job is currently open
and was put out to bid earlier this year. According to the county, it has been
awarded and a contract is pending.
News questions, new demands
Tanti Martinez was in the
audience for the first meeting of the Public Safety Community Relations Ad Hoc
Committee on November 24. It was recently created by the Board of Supervisors
to address public safety questions, including issues involving the Sheriff’s
Department. Miley is the chairman.
Representatives of the
Sheriff’s Department and the office of the County Counsel were also in
attendance, while Martinez, family members, and supporters voiced their
opinions about how the county was handling the response to Mario Martinez’s
death. They also presented a list of demands.
Among them, Tanti Martinez
demanded the immediate cancelation of Corizon’s contract and the suspension of
the deputies who were working in the jail unit when her son died. Assistant
County Counsel Andrea Weddle said the status of the deputies’ jobs was not
public information because it is considered a confidential personnel matter
within the Sheriff’s Department.
“It was disappointing to
ask questions and we couldn’t get the answer,” said Martinez. And with Miley as
the chair, Martinez said she is not confident that the ad hoc committee will
provide a transparent process for looking into her son’s death.
“Money says a lot for
people. They do a lot of things that shouldn’t happen,” she said. “I’m hoping
this committee is going to do the right thing by my family. I’m hoping they’re
going to take to heart everything that was said today and really, really do the
right thing in the end.”
Martinez also requested
more information from the committee about the Sheriff’s Department’s procedure
for addressing inmate grievances at Santa Rita, as well as details about how
many inmates have died at the jail over the past 20 years.
The committee, whose only
other member was Supervisor Richard Valle, agreed to research answers to some
of Martinez’s questions and reconvene December 16.
Mom on a mission
It all adds up to
negligence in the eyes of Tanti Martinez. Her claim against the county does not
specify damages, but asks for more than $25,000. She says, more importantly,
she wants her demands for increased oversight inside Santa Rita jail and within
the Sheriff’s Department to be taken seriously.
“They’re responsible for
his [my son's] death. Had he had the procedure done, he would be here today,”
she said.
Martinez traveled to
Philadelphia in September in hopes of getting the attention of Pope Francis,
who visited a Pennsylvania jail serviced by Corizon during his trip to the U.S.
“He can relate to how I
feel and how so many others feel that are not seen, that are just ignored,
nobody hears their cries,” she said.
The grieving mother shared
her son’s story with anyone who would listen, marched in the streets, and
rallied alongside other criminal justice activists with the support of the PICO
Network, a faith-based community organization based in Oakland. Martinez said
her faith is helping her through the difficult times.
“It’s just falling into
place. Everybody who needs to be a part of this is,” she said, “and I feel that
that’s God. God is doing this. He’s seen what happened to my son that day.”
In addition to the claim
against the county, Martinez says she’ll continue to push for Corizon’s
contract to be terminated and public officials to be held responsible for her
son’s death. She says she’s determined to keep going, because her son isn’t
here to do it for himself.
“I have to be a voice now,
because when he had a voice no one heard.”
Corizon sent KTVU the
following statements regarding the campaign contributions the company has made
to Supervisor Nate Miley and in support of the Committee for a Healthy Alameda
County:
Statement on contributions to Alameda
Supervisor Nate Miley:
Alameda Supervisor Nate Miley has
demonstrated throughout his tenure in office his understanding and support of a
robust continuum of community health services, which we know through our work
providing health services to the vulnerable jail population, is a vital
component to lowering rates of crime and incarceration and reducing recidivism,
particularly among the mentally ill and those with substance abuse issues. His
support of Measure AA is just one of many examples where he has shown
leadership in this area. On behalf of our 150 employees who live in Alameda and
work every day in one of society’s most challenging settings in which to
provide healthcare, these are the types of officials whose ideas we support and
we are proud to give him our endorsement.
Statement on contributions to Measure AA,
supported by Committee for a Healthy Alameda County:
On behalf of Corizon Health’s 150 healthcare
workers in Alameda, we were proud to contribute to the Committee for a Healthy
Alameda to support the passage of Measure AA, which reauthorized the half-cent
sales and use tax for healthcare safety net funding. We have provided health
services in Alameda County’s jails for the past 26 years and work closely with
community health providers to ensure continuity of care to those re-entering
society. Successfully transitioning from jail health services to a community
provider is a key factor in reducing recidivism rates, especially for those
with mental illness. The county’s half-cent tax for critical health services
does not fund Corizon’s contract with the Sheriff’s Office.
Other programs we have supported as part of
our commitment to supporting the communities in which we live and work include
Open Gate, a program at the Alameda Community College that supports inmates who
are released and are enrolled in the college; Supervisor Keith Carson’s
Community Health Program; Supervisor Nate Miley’s Senior Health initiative; the
Oral Lee Brown Foundation, a program that takes children from under-privileged
families and provides financial and academic support from primary school
through college; and the Sandre Swanson Foundation, an initiative designed to
provide assistance to at-risk youth. We also have provided funds to purchase
clothing to allow those who are recently released from jail to dress
appropriate for job interviews.
Martha Harbin
Director of External Relations, Corizon
Health
November 24, 2015
KTVU
San Francisco
By Simone Aponte
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