A new investigation by the
Marshall project in the New York
Times sheds light on an alarming
culture of abuse in New York
state reasons.
For decades, office disciplinary
records were cap secret from the
public.
That was until 2020, when
lawmakers enacted police reforms
in the wake of George Floyd's
murder.
The Marshall project reviewed
records and found hundreds of
incidents of abuse and
mistreatment and widespread
failure to hold guards
accountable.
One of the reporters behind the
story joins me now.
Over the course of your
reporting, you spoke with
guards, officials, incarcerated
people.
He found a culture of abuse.
>> We found when the department
of corrections in New York state
attempted to fire officers they
accused of abusing people in
their custody or covering up
that abuse, that they only
succeeded getting rid of the
officer and firing them in about
10% of the cases.
We were surprised to see such a
low rate of success for the
state when the state found the
abuse had occurred.
Because we were told it was
obtained only to represent a
fraction of the excessive force
that occurs in prisons, we
analyzed 160 lawsuits in which
prisoners were awarded damages.
As a result of their lawsuit.
We crosschecked the names of the
officers accused in the
lawsuits.
88% of the cases, the state did
not even attempt to discipline
the officers accused.
>> One incident of abuse and a
cover-up involved a man named
Melvin Virgil.
The video we are about to show
is graphic.
You have access to body camera
footage where you see an officer
beating Mr. Virgil multiple
times.
Despite the records, photos, and
video showing guards striking
him repeatedly, the officer
involved reported he delivered
one strike against Mr. Virgil
and other officers supported the
claim.
Tell us about this case and how
it fits into the broader culture
of abuse you reported on.
>> The attack is unique because
there was footage of what
occurred.
I had never seen body camera
footage from inside in New York
state prison.
It illustrated the way the
officers all came together on
the same story, clearly
contradicted by the video.
That story became the official
narrative of what happened in
the Melvin Virgil case.
He had attacked the officer and
one strike had been used in an
attempt to get him under control
and he remained combative.
In the video, you see him struck
six times in the head and you
also see him go unconscious the
moment the officers claim he was
fighting back against them.
Another important thing to note
is Melvin Virgil was sent to
solitary confinement for this
particular incident.
The cover-up was -- there story
was adopted as the official
narrative for what had actually
occurred.
It was despite the ring video
evidence and officers allowed to
watch the video and offered an
opportunity to change reports,
which they declined.
>> When it comes to
accountability, you document
more than 290 cases where the
state tried to fire officers or
supervisors who mistreated
prisoners.
Ultimately, 28 were fired.
What are the barriers preventing
the system from holding these
officers down?
>> One of the biggest barriers
is the union's contract.
In New York, corrections
officers are part of a strong
union.
The union contract the state has
agreed to has many protections.
One in particular is the
arbitration process.
An arbitrator gets to decide
whether an officer loses their
job or not.
It is not up to the prison
agency.
We found arbitrators in abuse
cases were ruled with the
officer three quarters of the
time that the state was
attempting to fire someone for
abuse or covering up abuse.
It is in a lot of cases where
they were put back in their jobs
and back in control of others.
>> Your question as we wrap up
the conversation.
Why should we care about what
happens in prisons?
About the ways in which
prisoners are treated?
>> Prisoners are among the most
vulnerable people.
They rely on others for their
basic needs and for their
safety.
People also get out of prison.
Don't care about them being in
there.
While they are treated inside.
It could really affect how their
life goes when they come back
into the world we all have on
the outside.
We have the people affected by
that.
Families, friends that love
people who are incarcerated.
And all of the people who work
there.
The thousands of people who
endure the stress of knowing
that there's a job in which they
might encounter something they
think they would want to report.
The culture itself is you are
supposed to cover it up and your
own safety realize on your
willingness to cooperate and go
along with coverups in the
prison system.
It affects a lot of people.
It is important for everyone to
care about.
>> Thank you for sharing your
reporting with us.