US v. Jennings, 4:CR-94-0018.

• Decision Date: 20 June 1994
• Docket Number: No. 4:CR-94-0018.,4:CR-94-0018.
• Citation: 855 F. Supp. 1427
• Parties: UNITED STATES of America, v. Eddie JENNINGS, Defendant.
• Court: U.S. District Court — Middle District of Pennsylvania

855 F. Supp. 1427

UNITED STATES of America, v. Eddie JENNINGS, Defendant.

No. 4:CR-94-0018.

United States District Court, M.D. Pennsylvania.

June 20, 1994.

COPYRIGHT MATERIAL OMITTED

Frederick D. Martin, Asst. U.S. Atty., Lewisburg, PA, for U.S.

Defendant, pro se.

MEMORANDUM

McCLURE, District Judge.

BACKGROUND:

On February 3, 1994, a grand jury sitting in the Middle District of Pennsylvania returned a three-count indictment charging defendant Eddie Jennings with two counts of assault with a dangerous weapon on a correctional officer engaged in the performance of his official duties, in violation of 18 U.S.C. § 111(a)(b) (Counts One and Two), and with possession of a prohibited object, the weapon, while in a federal correctional institution, in violation of 18 U.S.C. § 1791(a)(2), (d)(1)(B) (Count Three). Jennings entered a plea of not guilty at arraignment on March 24, 1994.

On June 7, 1994, a jury returned verdicts of guilty on all three counts of the indictment. Jennings was sentenced to a total of 210 months incarceration for the three counts, to be served consecutively to sentences previously imposed in this court and the United States District Court for the Central District of California. A breakdown of this sentence is provided later in this memorandum.

The course of the prosecution of this case involved several unusual issues and incidents, requiring the court to make unusual rulings. This memorandum is intended to memorialize and explain further the rationale underlying those rulings.

I. STATEMENT OF FACTS AND PROCEDURAL HISTORY

A. Prior Case

Jennings first came before this court in a case docketed to No. 4:CR-92-204-01. In that case, Jennings, then an inmate at the United States Penitentiary at Lewisburg, Pennsylvania, was indicted for assault on a federal officer, assault with a dangerous weapon on a federal officer, and destruction of government property. The charges grew out of a melee incited at USP-Lewisburg when Jennings punched Lieutenant Duane Heverly of the Federal Bureau of Prisons. In the ensuing confusion, Corrections Officer Darryl Bird of the BOP was struck with a folding chair. It was the chair which was alleged in the indictment to have been the dangerous weapon.

At trial, witnesses for the government were unable to identify with precision the person who struck CO Bird with the chair, and Jennings was acquitted of that charge. However, he was found guilty by the jury of the remaining charges. Those included the assault on Lieutenant Heverly in violation of 18 U.S.C. § 111, and the destruction of government property in violation of 18 U.S.C. § 1361. The latter charge arose from Jennings' use of a folding chair to shatter a glass restraining grill within the penitentiary. The court scheduled sentencing for Thursday, February 18, 1993, at 9:00 a.m. in the Federal Building, Williamsport, Pennsylvania.

B. Sentencing in No. 4:CR-92-204-01

At the designated time and place, the court, counsel for the government, and counsel for Jennings assembled in Williamsport. However, the court was notified that officers at USP-Lewisburg were having difficulty transferring Jennings into the custody of the United States Marshals Service,¹ which is responsible for the transport of prisoners to the courthouse. Unable to determine whether the difficulty constituted a valid waiver of the right to be present at sentencing, the court directed that Jennings was to be produced.

At 11:22 a.m., the court convened for sentencing, with Jennings present in full body restraints. According to representations made to the court, he had been physically removed from his cell by the BOP and transferred to the custody of the marshals. Jennings was sentenced to concurrent terms of thirty-six months for the two counts for which he was found guilty, with those terms to run consecutive to the term of imprisonment imposed by the court in the Central District of California.

Prior to sentencing, the court was unaware of the exact circumstances underlying the delay in Jennings' appearance before the court. The court was aware only that Jennings would not leave his cell and did not wish to come to Williamsport, and the court responded that Jennings had to come to Williamsport. At trial of the instant case, the reasons for the delay became clear.

C. Events at USP-Lewisburg on February 18, 1993

On the date set for sentencing, Jennings was housed in solitary confinement in the Special Housing Unit ("SHU," also known in prisons as "the hole"). SHU is in a 24-hour lock-down, and is used for disciplinary, protective, and similar purposes. Early that morning, Jennings was permitted to shower for his court appearance. The lieutenant then in charge of SHU, Lieutenant James Jarrett, approached Jennings' cell to inform him that the marshals had arrived and were waiting at Receiving & Discharge ("R & D") to transport Jennings to Williamsport. Jennings told Lieutenant Jarrett that he wanted to take a "Walkman" radio with him to the courthouse. Permission to take the radio was denied by the marshals, pursuant to the policy of the Marshals Service.

Upon the refusal to allow Jennings to take his radio, the atmosphere in Jennings' cell became dark, both literally and figuratively. Jennings used blankets and towels to cover the outside window to his cell, the small window in the door to the cell, and a small slot in the door to the cell known as a "wicket." The latter opening, similar to a mail slot, is used to pass items into the cell and receive items from the cell, and for the purpose of placing handcuffs on an inmate ("cuffing up") without the need to open the cell door. The wicket is covered by a flat plate with hinges and a key-lock.

Corrections officers approached Jennings' cell for the purpose of cuffing up and exit to R & D, where the marshals were waiting. Jennings refused to cuff up and claimed, for the first time, that his life was in danger if he exited his cell. He demanded to see higher authorities, including the undersigned judge. The corrections staff assembled two teams of officers for the purpose of removing Jennings from the cell. The first is known as a confrontation avoidance team and is designed to avoid a physical altercation. The team consists of staff who appear to have some rapport with the inmate, and their task is to convince the inmate to follow directions without the need for force. The second type of team is known as a forced cell movement team, the purpose of which is to physically restrain and remove a troublesome inmate.

In Jennings' case, the confrontation avoidance team consisted of Lieutenant Jarrett and Jennings' case manager. They were unsuccessful in convincing Jennings to cuff up and leave his cell peaceably. Final directions to cuff up were given to Jennings, and he continued to refuse. The forced cell movement team then was called upon to remove Jennings from his cell. Cell doors in the SHU are operated electronically at a separate station. Jennings' door was opened with the forced cell movement team ready outside.

In order to understand the ensuing events, it is important to understand what "ready" means for a forced cell movement team. These teams consist of six to eight corrections officers wearing protective clothing and gear. This consists of a jump suit, protective gloves, a flak jacket-type vest, and a helmet. The helmet resembles a football helmet, but with a screen covering the entire area over the face; the protective mask more closely resembles a lacrosse face mask. Each member of the team has a specific assignment, either control of a particular limb or placement of restraints on the inmate. Two other members of the team are "in reserve" outside of the cell in case the inmate breaks loose. No member of the forced cell movement team carries a weapon. Entry into the cell is videotaped, and a videotape camera is kept outside of the cell to record any action which may occur in the hallway.

During the trial of the instant matter, the government introduced into evidence and played for the jury the videotape of the entry into Jennings' cell on February 18, 1993. The tape first shows the final efforts to talk Jennings into leaving his cell,² Jennings' tirade about the alleged threat to his personal safety, and the final direction of the corrections staff to cuff up. Jennings again refused.

The cell door was opened with the forced cell movement team immediately outside. Jennings partially emerged from the cell, and thrust upward with an improvised weapon, known in prison vernacular as a "shank," at the first officer of the team, Corrections Officer Robert Wolever. The weapon resembled an ice pick and was made of metal attached to a wooden handle, both of which apparently came from a mop. Attached to the handle was a loop of light blue cloth torn from a bedsheet. Also around Jennings' hand and wrist was a white sock. The sock and loop served to prevent the knife from being removed from Jennings' possession. The forced cell team was unaware of the presence of the shank prior to the opening of Jennings' cell door.

Fortunately, the initial thrust missed CO Wolever, sweeping within inches of the protective mask. The point of the shank, however, might well have avoided the mask because the angle at which the thrust was made would have brought the point up under the bottom of the mask. The approach of the officers forced Jennings back inside the door and the struggle continued inside.

Jennings was knocked onto his back and CO Wolever, whose assignment was the left arm, sought to control the arm and neutralize the weapon held in the left hand. Before he was able to do so, both CO Holdren and the second team member into the cell, Corrections Officer Thomas Holdren, were struck by the shank. CO Wolever had difficulty removing the shank from Jennings' hand because of the loop and sock. CO Holdren then gained control of Jennings' left hand and was punched in the helmet several times by...