Q1. James Branum, the civilian lawyer representing Sgt. Travis Bishop and Spc. Leo Church, said the two were put in a 10-day(ish) medical hold when they first arrived. During this hold, they were not allowed to make any phone calls, including to lawyers. Is the medical hold a standard procedure? And are inmates allowed to use the telephone to make calls during this hold?
Answer. When new prisoners are assigned to the Northwest Joint Regional Correctional Facility (NWJRCF) they are segregated until they are medically cleared to join the general population, which can take 3-10 days. This is for the prisoners’ safety as well as the staff. The prisoners can still make phone calls during the segregation period, and they are visited daily by staff.
Q2. Branum said the two couldn’t make calls to their lawyer without someone listening because a secure attorney/client room had yet to be completed. Can you confirm if an attorney room (with unmonitored phone lines) has yet to be completed?
Answer. The NWJRCF was relocating some offices and facilities, and a private room was not readily available for private calls; however, at the time Mr. Branum was not the attorney-of record. Had he been, the prisoner(s) would have been afforded the privileges of a conversation with their attorney and not having it recorded; however, a guard is required to be present during the conversation to ensure additional phone calls are not made. If he was the attorney of record, the RCF would have made the provisions for them to have private phone calls in accordance with their rights.
Q3. Branum said his clients made calls from elsewhere in the building, and that guards stood close by a violation of attorney/client privilege. If someone is required to make a phone call from elsewhere, are guards still required to remain nearby?
Answer. The prisoner(s) were allowed to take calls in one of the counselor’s offices, but could not be permitted to remain there unescorted. Since then, a private area has been reestablished for private calls between prisoners and attorneys [of record]. In other words, if it’s a conversation with an attorney, the prisoners will be put in a private room and it’s confidential, as long as it is with the attorney of record.
Otherwise, phone calls are made at a designated time on the prisoner phone system, and these calls are recorded. If a prisoner needs for some reason to make a call on a phone other than the prisoner phone system, then a guard will remain nearby.
Q4. Branum said female guards watched his (male) clients use the restroom and shower. Are there rules prohibiting this?
Answer. In accordance with Army Regulation 190-47, female correctional specialists are allowed to supervise male prisoners. When female correctional specialists walk through the facility, it is possible that they could see a male prisoner in the restroom or shower, but that is not a violation.
Q5. Branum said his clients were strip-searched in a room that had cameras (though he was unsure if they were running at the time). Is there a standard operating procedure to turn off the cameras during this time?
Answer. The NWJRCF is continuously monitored by cameras for security and safety reasons. It was recently brought to the staff’s attention that prisoners were being strip searched in the range of cameras. Since all cameras are on sensors that record motion, it is possible that this event may have been recorded. A review of facility procedures was conducted, and strip searches are now being conducted in areas without security cameras. Strip searches are conducted for security reasons and by no means were intended to humiliate the prisoner(s). The allegation that female guards watch strip searches is not true. Females guards are strictly prohibited from conducting frisk searches and strip searches of male prisoners. There are always adequate male personnel on duty to conduct searches.
Q6. Are the guards MPs, contractors or GS employees?
Answer. Military Police Correctional Specialists.
Q7. The prisoners’ local counsel, Legrand Jones, says he was turned away last month at the gate even though he’s their legal representation. He says he’s on some list of folks not let past the gate.
Answer. Mr. Legrand Jones, a local representative for Mr. Branum, arrived at the Fort Lewis Visitors Center unannounced, without prior notification and without an escort arranged, and attempted to gain access to Fort Lewis but was denied access by the installation security forces. At the time, he was not listed as Bishop or Church’s attorney of record. The security forces contacted the NWJRCF, and out of respect for Travis Bishop’s right to counsel a van was dispatched to make contact with Mr. Jones, but he had departed.
Legrand Jones is designated as having limited access to Fort Lewis. Because of his prior encounters with law enforcement, he is regarded as a potential threat to good order and discipline on the installation. Nonetheless, as Travis Bishop’s lawyer, he has been afforded access to his client.
Arrangements have been made to provide him with an escort to meet with Bishop, and he has visited his clients in person and telephonically.
In closing, we can’t lose sight of the fact that these are prisoners who are serving a sentence. They may be afforded privileges of phone calls, access to mail, visitors, etc., but there is no absolute privacy except during face-to-face prisoner-attorney visits. All of the information in my responses is in accordance with Army policy and is applicable to all prisoners in the Northwest Joint Regional Correctional Facility. The NWJRCF is an accredited facility by the American Corrections Association, and the procedures for running the NWJRCF are comparable to civilian correctional facilities and prisons.
This morning one of our IVAW refugees sent this YouTube video that Branum took of his laptop while it played a Radio Havana broadcast that expresses sympathy for Travis Bishop from the government of Cuba.
That’s a real feather in your cap, James. Hugs from Fidel. Next thing you know, you’ll be getting Valentine’s Day cards from Kim Jong Il…ya twit.
