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Gates of Injustice: The Crisis in America's Prisons
by Alan Elsner
Financial Times/Prentice Hall
Copyright © 2004 by Alan Elsner
ISBN: 0-1314-2791-1
Available for purchase at amazon.com
Chapter One: The Second Toughest Sheriff in America
Sheriff Gerald Hege liked to boast that he ran the toughest - and pinkest
-- jail in America. It was definitely the pinkest but maybe only the second
toughest. From his sleepy, small town base in Lexington, North Carolina, self-described
Barbecue Capital of the World, Hege turned himself into a national TV personality
by striving for the unofficial title of meanest, baddest, roughest, toughest
sheriff in America. He was also possibly the only one to have his own theme
song, "The Man in Black."
"All you bad guys had better leave town
Sheriff Hege's not fooling around
Your days of breaking the law are through
When the Man in Black comes after you
(Spoken) That's right. He's got that big stick.
Go 'head and make his day.
He sure loves the smell of handcuffs in the morning."
Hege was narrowly elected sheriff of Davidson County, a mainly rural area located
in the middle of the state, in the big national Republican landslide of 1994.
He quickly made a mark by painting the inside of the 300-bed county jail bright
pink with blue pictures of weeping teddy bears on the walls to make inmates
feel like sissies. It was the height of the "get tough on crime" movement
sweeping the nation and Hege's testosterone-soaked image perfectly fit the moment.
He wore a black, paramilitary-style uniform and was often photographed wielding
a five-foot-long stick or a semi-automatic. He designed a new logo for the Sheriff's
Department -- a spider's web with a big arachnid in its center -- and he had
a giant silver spider painted on the hood of his personal squad car, a souped
up, Nascar-style 1995 Chevy Impala with a Corvette engine.
On his Internet site, Hege sold a line of posters featuring himself in various
threatening attitudes. There was Hege and his men busting a drugs trafficker
on the Interstate; Hege standing by his spider car brandishing a semi-automatic
while prisoners wearing striped uniforms cleaned up trash; Hege wearing dark
glasses holding his stick with three officers similarly dressed arrayed behind
him with assault rifles; Hege about to lead a squad of police dressed in full
riot gear into action. It was all part of his pledge to make what he called
"Hegecountry" a safe and fine place to live for law-abiding citizens
and a living hell for 'scumbags."
The posters had slogans like, "Do the crime, scumbag, and you'll do the
time," and "Resistance is futile." There was also a variety of
other merchandise for sale on the Internet site: spider web T-shirts, toy spider
cars, Hege statuettes and coffee mugs, CDs with the theme song -- even Sheriff
Hege's Lexington style barbecue dip. The proceeds went to a police charity.
A county sheriff like Hege is the closest thing America has to a feudal baron.
As long as he keeps public confidence and doesn't mess up too badly, there are
few constraints on his powers. He has no boss; he reports directly to the voters.
Residents of Davidson County liked Hege's style and re-elected him in 1998 by
more than 5,000 votes. In 2002, after three of his own trusted deputies were
busted by federal agents for dealing in cocaine, marijuana, anabolic steroids
and Ecstasy, he still won by around 1,700 votes. All three were convicted and
sent to prison.
While cultivating his own macho image, Hege feminized inmates of his jail by
making them wear striped uniforms -- baby blue for those charged with misdemeanors,
lime green for sex offenders, pastel orange for accused felons and black for
the road crew which worked outside the jail. He kept many inmates locked in
their cells 23 hours a day. There were no exercise facilities, no television,
no cigarettes, no coffee, no pencils or pens and no magazines. Books were censured;
only Bibles and other approved texts were allowed. Family visits were limited
to 10 minutes a week, with no physical contact between the inmate and his loved
ones.
Never mind that many inmates had not been convicted of anything and were in
jail awaiting trial because they could not make bail. Never mind that many of
those who had been convicted were serving relatively short sentences for misdemeanors.
"It's not my responsibility as sheriff to be concerned about whether they
are guilty or innocent," Hege said. "Ninety nine percent of the people
I have in my jail are guilty of whatever they've been charged with. Very few
can be rehabilitated and it's not worth trying."
Sheriff Hege first came to my attention in 1999 when Court TV gave him his
own late night talk show, "Inside Cell Block F," which was filmed
live in the jail with inmates as the "guests". The sheriff seemed
to personify several different trends in U.S. society all at once. He was a
poster boy for the "get tough on crime" crowd, but he was also a relentless
self-publicist. And his show, which commanded a regular national audience of
around a million, fit the fashion for "reality" TV. "The show
is compelling because the inmates' stories are compelling," said Court
TV producer Andy Regal. "It's not just reality TV; it's harsh reality TV."
In my role as National Correspondent for Reuters News Service, I was interested
in the political and social forces that lay behind the explosive growth of U.S.
prisons in the 1980s and 1990s. By the turn of the century, the richest country
on the planet also had the world's largest prison population, with more than
two million of its citizens held behind bars. How did it happen that the United
States, with only five percent of the global population, had a quarter of all
the world's prisoners? And what was life like for those inside this giant penal
system? What was really going on behind the prison walls?
While investigating these issues, I had the opportunity to visit many prisons
and jails around the country. I met murderers and rapists, prison wardens and
corrections officers, sheriffs and police chiefs, prosecutors and defense attorneys,
gang members, doctors, psychologists, child abusers, rape victims, mothers and
juveniles behind bars. This book draws heavily on those experiences.
So it was that I found myself in Lexington on a warm spring day interviewing
Sheriff Hege, who looked a bit like Darth Vader in a baseball hat. He explained
why he had painted the jail pink. "We have a lot of muscle-bound, tattooed
guys in here who have done silly things. The pink and the teddy bears brings
them down a bit," he said. "I was aiming for a day-care atmosphere
- something like a girl's bedroom, a little feminine touch. The color pink has
a soothing effect on the inmate population."
Hege would have loved to be called the "toughest sheriff in America"
but that was one title that eluded him. There was a lawman out west in Arizona
who was even meaner, even rougher, even badder, and even more publicity-conscious.
His name was Sheriff Joe Arpaio of Maricopa County, which includes Phoenix and
the surrounding area. When it came to media appeal, Arpaio always seemed one
step ahead. He was elected in 1992, two years before Hege. He presided over
the fourth largest jail system in the country with over 7,500 inmates, which
made Davidson County seem strictly bush league. Hege had a pink jail; Arpaio
made inmates wear pink underwear and streamed live images of convicts from the
jailhouse to the Internet for almost three years until a judge ordered him to
stop. Hege started a road crew; Arpaio had "the world's first female chain
gang" removing graffiti, picking up trash and burying paupers. Hege locked
inmates in cells. Arpaio made hundreds of them live in tents under the hot desert
sun, fed them only twice a day on green bologna and charged them money for the
privilege. "Our meal cost is sixty cents a day for an inmate. Our dogs
cost more to feed than the inmates," Arpaio said in one of thousands of
interviews he granted.
When a searing heat wave hit Phoenix in July 2003 with temperatures exceeding
130 degrees, Sheriff Arpaio allowed inmates one concession: they were permitted
to take off their striped jail suits and roam around their tents in their pink
underwear. Arpaio toured the facility and rejected inmates' complaints. He told
them: "It's 120 degrees in Iraq and the soldiers are living in tents and
they didn't commit any crimes, so shut your mouths."
Three months later, when I visited in mid-October, the temperature was still
above 100 degrees. Arpaio took me on a tour of the tent city. Inmates, dressed
in convict stripes, gathered around. The sheriff gleefully told them he was
cutting their rations from 3,000 calories a day to 2,500. "I'm on a diet
myself. I'm taking away your food because I'm trying to help you. You eat too
much fat," he said. He shrugged off prisoners' complaints that their food
was often rotten. But it quickly became clear during our tour that the inmates
in the tents were not the worst off by any means. Anyone committing a disciplinary
offense was thrown into a punishment cell measuring 8 by 12 square feet that
they had to share with three other prisoners 23 hours a day.
Reporters and TV crews from as far away as New Zealand and Japan beat a path
to Phoenix to cover Arpaio who welcomed them all with open arms. "We have
nothing to hide and nothing to fear," he said. Soon, images of inmates,
chained around the left ankle in groups of five, flashed around the world. When
one needed to go to "Johnny-on-the-Spot," the rest all lined up in
a row outside until she had finished.
They worked picking up trash or burying the bodies of indigents who had died
penniless on the streets or in the hospital at a county cemetery out in the
desert. On the day I joined them, there were six bodies, two of them babies.
The prisoners hauled the coffins out of vans and placed them above their final
resting place. A young Catholic priest said a few brief prayers for the deceased.
"We commit this baby boy back to earth and back to the custody of God who
made him," he said, as one body in a tiny white casket was lowered into
the ground. The baby did not even have a name. One or two of the women on the
chain gang shed a tear. Then they got to work filling the hole.
As Arpaio never tired of saying, the public loved it. The more that prisoners
suffered, the better. But why was it necessary? The men and women on the chain
gang posed little or no escape threat; most were serving relatively short sentences
for relatively minor crimes. They were little more than faceless props in Arpaio's
political psychodrama.
Over the years, Arpaio also attracted less welcome visitors -- investigators
from the Department of Justice and Amnesty International as well as hundreds
of lawsuits. The Justice Department forced him to agree in 1997 to improve conditions
in the tents, reduce the use of "improper restraints", stun guns and
pepper spray and identify officers "who may be prone to using excessive
force." Most of the lawsuits came to nothing, but not all. There was the
case of Scott Norberg who died of asphyxiation in a Maricopa County jail in
1996 after being forced into a "restraint chair" with a towel stuffed
in his mouth. The autopsy report showed he suffered many scratches and lacerations
to his head, face, neck and limbs, as well as burn marks that suggested he was
repeatedly fired at from close range with a stun gun. The death was ruled accidental
but the county settled a lawsuit brought by Norberg's parents for $8.25 million.
Then there was Richard Post, a paraplegic in a wheelchair with no criminal
record who was arrested after exchanging insults with the owner of a Irish pub
on St. Patrick's Day, 1996. He alleged officers ignored his request for a catheter
and put him in an isolation cell. Desperate to empty his bowels, he blocked
the toilet to get some attention and caused a minor flood. Officers then strapped
him in a "restraint chair" for several hours. They tightened the straps
so tightly that he suffered permanent nerve damage to his spinal cord and neck
and lost the ability to propel his own wheelchair. They also refused to let
him sit on his gel cushion. As a result, he suffered a severely ulcerated anus.
Post accepted a settlement of $800,000. Asked about these payouts, Arpaio was
unrepentant. "The insurance company paid that. Not the taxpayers,"
he said of the Norberg case. "I'll put my record against anybody. They
can sue me all they want. But I'm not going to close the tents. I will still
run a tough jail system."
Hege clearly admired Arpaio, and even displayed a framed letter from him in
his office. The tone was friendly but dismissive. "Yup, you look mean,
but where are your tents?" the Arizona lawman wrote.
Still, nobody could deny that Hege also had a flair for the dramatic. In 2001,
a few weeks after the attacks on the World Trade Center and the Pentagon, he
sent out Christmas cards showing himself standing in a desert with a camel and
a Humvee in the background, holding the severed head of Osama bin Laden in one
hand and a raised sword in the other. At the bottom of the card was the message:
"Happy Ramadan!! Merry Christmas and Happy Holidays! Sheriff Gerald K.
Hege."
Despite such stunts, Hege was a determined and crafty politician. He had first
worked in the Davidson County Sheriff's Department as a deputy in the early
1970s but was terminated after he kicked an inmate, leaving a size eleven-and-a-half
boot print in his chest. Hege vowed to return - as sheriff. He ran in the Republican
primary in 1986 and 1990 but lost both times. Hege realized he would never win
without a firmer political bases, so he got himself elected as chairman of the
Davidson County Republican Party in 1991. Finally, in 1994, he won the prize
he had sought for over twenty years.
"When I took over in 1994, the prisoners spent their time watching color
TV, smoking and playing poker for money. They could get their girlfriends in
for the night for $50. I changed all that," the sheriff said. "I want
prisoners in my jail to have a bad time. If prisoners have a bad experience,
hopefully they won't come back."
But who were the "scumbags" he kept referring to? Was violent crime
really out of control in Davidson County? Hege posted the county's "10
Most Wanted" on the Sheriff Department's web site. When I checked in mid-2003,
there were only nine individuals on the list: no murderers, no rapists, no drugs
traffickers, no child molesters. The most serious case was a man accused of
first degree burglary, kidnapping and robbery. The rest did not seem particularly
menacing -- a couple of suspected embezzlers, one man wanted for possession
of stolen goods and one wanted for failure to pay child support. They hardly
seemed worthy of Hege's tough rhetoric.
The highlight of my visit to Davidson County came at nine o'clock, when it
was finally time for the TV show to air. Cameras rolled into position inside
the cell block. Producers were dashing around and the sound guys checked levels
as the "studio audience" - around 40 convicts wearing various colored-striped
uniforms -- filed in and took their places on wooden benches. The klieg lights
went on. Hege took his place and started to speak.
To my surprise, he was far from a TV natural. He spoke in a low, dull monotone
and kept repeating himself. The featured "guests" were a brother and
sister, Jodi and Jackie, who were both incarcerated in Hege's jail at the time.
Under jail rules that banned any contact between men and women, they spoke from
cells on separate floors and were not allowed to see one another. They were
dull as well. Jodi told a long and involved story about how her abusive parents
drove her to alcohol and drugs. Her brother, Jackie, described how he took his
first steps on a path to crime after his father tried to shoot him when he was
13. Hege didn't waste much sympathy on them. "Should it be the taxpayers'
responsibility to rehabilitate you? They should just put you in prison and forget
about you," he told the unhappy pair.
I had caught Hege at the height of his power and influence. But things turned
bleak for the "man in black" in 2003. On September 15, he was indicted
on 15 counts, including embezzlement and obstruction of justice, and suspended
from his post. By then, Court TV had dropped his show and the former publicity-seeker
had retreated to the old farmhouse where he lived, refusing to speak about the
case. The indictments accused Hege of taking $6,200 from a fund used for undercover
drug buys, some of which he was alleged to have used for re-election celebrations.
He also allegedly had deputies do repairs on his home during work hours and
threatened to fire anyone who cooperated with investigators looking into his
practices. Half a dozen deputies came forward to testify that Hege had a racial
policy when it came to pulling over drivers. He allegedly instructed them to
pull over anyone who was "darker than snow". Hege came up with $15,000
in bail to avoid being sent to his own pink jail. But he faced the prospect
of a trial and punishment.
"He was a fun story for a while," wrote Charlotte Observer columnist
Tommy Tomlinson. "You always like to see someone with flair. And Hege was
smart enough to see that throbbing vein in the public's forehead. Millions of
people think criminals get off too easy, inside jail and out. But you always
got the feeling with Hege that the point wasn't punishing criminals or reducing
crime or making a better place for the people who provide his paycheck. The
point was Hege. The point was to make him a star"
In 2001, as I drove away from Lexington, all this was still in the future. But I did have several concerns. To what extent did Hege's "reality TV" reflect actual reality? He had certainly made the lives of his prisoners a lot more miserable. But were people safer than before? What actually lay behind the "get tough on crime" slogan that had swept America in the 1980s and 1990s? And one last question: what do handcuffs smell like in the morning?
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