Lied About CO's Punch: Arrest Jail Captain In Abuse Coverup

Lied About CO's Punch
Arrest Jail Captain In Abuse Coverup

PETER D. MERINGOLO: Horn going too far. A newly appointed Correction Captain was arrested last week and charged with lying about an incident in which a Correction Officer under her supervision allegedly punched an inmate.

According to the Department of Investigation, Capt. Anastasia Henderson testified that she did not witness the Oct. 5, 2005 incident at the Anna M. Kross Center on Rikers Island, which occurred after an officer was slashed by another inmate.

Stood and Watched?

But authorities said that tape from a videocamera, which sources said was initially turned off under suspicious circumstances, showed Ms. Henderson standing nearby as Correction Officer Joseph Collins punched an inmate in the face. Mr. Collins was arrested and charged with assault.

Peter D. Meringolo, the president of the Correction Captains' Association, blasted the criminal charges, contending that the matter should be handled by the Office of Administrative Trials and Hearings. "This case does not belong before the [Bronx] District Attorney," he remarked. "Never in my 34-year history have they arrested a Captain for filing a false report."

ROSE GILL HEARN: 'Intolerable breakdown.' The union president, who has been in a long and bitter dispute with Correction Commissioner Martin F. Horn, contended that the agency head was "abusing his authority." He added, "I'll be asking Mayor Bloomberg to investigate Marty Horn. He is anti-black female, and he may even be anti-black."

Ms. Henderson is an African-American female and several other Captains the department has brought charges against over the past year are also minorities.

Dept.: Won't Dignify It

Tom Antenen, the chief spokesman for the department, maintained that the agency was following standard procedures. "I'm not going to dignify that with a comment," he added, referring to Mr. Meringolo's charges.

The incident involving Ms. Henderson began after an inmate used his watch to cut an officer's chin, which needed more than 20 stitches. "It almost hit his jugular vein," Mr. Meringolo said.

While the prisoner was subdued, the department sent a specialized response team to the area and locked down the unit.

DOI began examining what occurred after several inmates formally complained that they had been assaulted by officers who were angered by the slashing. Based on the recovered videotape, investigators determined that Captain Henderson was in close proximity to Officer Collins when he was seen hitting the inmate.

Tough to Gauge On Spot

Correction Officers are only allowed to use force that is commensurate to the level of threat they are facing. But union officials and veteran officers have long asserted that in the heat of the moment it is difficult for officers to measure the seriousness of an attack.

"The problem is they want to Monday-morning quarterback," Mr. Meringolo contended. "But Commissioner Horn has never done my job and doesn't know anything about my job."

Ms. Henderson was in her second week as a Captain when the incident occurred, Mr. Meringolo noted. "They don't train my Captains well to prepare them for what goes on in the jails," he argued.

A source familiar with department procedures said that he believed the city moved to criminally charge Ms. Henderson in an attempt to persuade her to testify against the other officers suspected in the attack.

Mr. Meringolo has long complained that Deputy Commissioner for Investigations Richard White has used that and other questionable tactics prior to OATH proceedings.

According to Mr. Meringolo, Mr. White at first threatened to demote Ms. Henderson if she asked to speak with her attorney or a union representative during the initial departmental investigative interview.

"I'm filing a lawsuit against the department for violating the Captain's basic rights," Mr. Meringolo said. "They are denying them the right to speak to counsel; they cannot do that."

Union Rep Mandated

Mr. Antenen declined to comment on the matter. "It's an ongoing investigation," he said.

An Appellate Court recently upheld a decision making it illegal for city investigators and supervisors to question a civil servant without a union rep or attorney present.

DOI Commissioner Rose Gill Hearn called what occurred in the jail a "breakdown in proper procedures that cannot be tolerated." Correction Officers, she noted, have an inherently dangerous job. "But that does not mean that order should not be maintained in tense situations," she added.

"The union will do everything possible to ensure that Officer Collins receives a fair trial," said Michael Skelly, a spokesman for the Correction Officers' Benevolent Association. "And we will vigorously defend Officer Collins until he is completely exonerated of these charges."

Ms. Henderson was charged with filing a false business record and official misconduct. She faces up to four years in prison if convicted of the most serious offense.

"Correction Officers who assault inmates and supervisors who do not make honest and accurate representations of the incidents that occur under their command could endanger the safety of inmates as well as other DOC personnel," Ms. Hearn said.