SDNY
COURTHOUSE, July 7 - In
New York State's Auburn Detention
Center, an inmate suing corrections
officers for abuse in a previously
placement is not given access to a DVD
player to review discovery, and has
his legal mail opened outside of his
presence.
This is what emerged on May 21, 2020
in a telephone conference before
U.S. District Court for the Southern
District of New York Judge Katherine
Polk Failla. Inner City Press called
in to the proceeding and when asked,
identified itself, as it was
identified on October 6, below.
Now
on July 7, 2021, Judge Failla
held another proceeding in the
case, and Inner City Press again
covered it. Casiano, after
asking the defense lawyers to
call him after the public call,
described the usual practices
with video camera and audio in
the prison. Judge Failla to her
credit asked the defendants to
come up with audio, or explain
why not. We intend to stay on
this.
On
May 21, 2020
the municipal lawyer defending the
corrections officers asked to know
which reporter it was. During an
in-person court proceeding this
would not happen. But here is what
did happen: Anthony Casiano
has sued for mistreatment in prison
at the Anna M. Kross Center in East
Elmhurst, New York.
Judge Failla politely asked Casiano
when he was employed, before his
porter job on 94th
Street. "I
was younger then," he
said.
Judge Failla quipped, We all
were.
Casiano said that before that, he
killed bedbugs off the
books.
Judge Failla asked, And before being
a bedbug
specialist?
Corporation Counsel Stephanie De
Angelis wanted to know where Casiano
was a porter.
Judge Failla said, If you remember
in the middle of the night, fill out
the release and send them to
her.
Casiano
replied, I filed income tax, that
one time in my life.
The question arose, how can Mr.
Casiano, who is incarcerated, see
video of incident?
The
Corporation Counsel said, of the
Auburn Detention Center, There is a
DVD player there, but it is only for
trainee
videos.
Judge Failla told her, I wish you
could see my face, to see how
shocked I am. One DVD player that
can't be used for
discovery?
Corp Counsel De Angelis said, If
your Honor can issue an order to
Auburn Correctional
Facility...
Judge
Failla asked Casiano, Would you
mind, sir?
Casiano said fine, It's
something about the software. I
wrote grievances. The media center
has broken equipment... They denied
my grievance, saying there's no law
requiring them to have CD or DVD
viewer. I appealed. I'm the only
inmate having this
problem.
Judge
Failla asked him, Do you mind if I
or my staff speak to the Auburn
Correctional Facility
staff?
Casiano said, Please
do. Judge
Failla asked, What if Corporation
Counsel Stephanie De Angelis
contacts Auburn Correctional
Facility?
Casiano replied, I would rather you
do it, a court order, Federal
Judge... They are opening my mail.
And the correction officers are
asking me why I'm on this call. They
say, "He's an officer-suer." They
don't let me out of my cell. I'm
being targeted by the Department of
Corrections. I was cut in my face
and these officers did
nothing. Judge
Failla pivoted, Ms De Angelis, it's
my understanding that legal mail is
not to be
opened. Corp
Counsel De Angelis offered, Auburn
is a state
facility.
Casiano
continued, They are supposed to open
it in my presence. And put it in
contraband if they need
to. Judge Failla
asked, How can Mr. Casiano identify
the other John Doe defendants
without seeing the video? What about
an
extension?
The Corp Counsel said, He's looking
for an additional video. There is
none. Judge Failla
asked, Has the footage been
over-written? The Corp Counsel
said, It is only saved if there is
an incident.
Judge Failla explained, For me, if I
go to the courthouse, they have to
let me in. Ms. De Angelis, can you
access the Law
Department?
Ms.
De Angelis replied,
No. So the case
was put off until Corporation
Counsel De Angelis is allowed by
Mayor De Blasio and Governor Cuomo
to access her office and send the
video to the defendant.
In
October 2020, the issue was
still not solved. For the October
6 conference, "it's showing that
we have Mr. Lee from Inner City
Press on the line."
"He is of course
welcome."
Casiano
explained, of the CDs,
"it's registered
as contraband,
it's taken away
from me."
On October 21,
Casiano
wrote in, still
awaiting "to
view the
discovery
footage."
We'll stay on
this.
The case is Casiano v. Smalls, et
al., 19-cv-5226 (Failla).
***
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