Denver Sheriff Department sergeants often fail to check on deputies guarding inmates as they juggle paperwork and fill vacancies in upcoming shifts, according to a letter by city Independent Monitor Nick Mitchell.
The lack of oversight leads to problems with deputy misconduct, including excessive force, Mitchell wrote in a 15-page letter outlining problems he has found while monitoring deputy conduct.
In one case that Mitchell cited, a deputy was fired this year after failing to notice an inmate hanging from his bunk in an attempted suicide. A sergeant eventually came to the cell and cut the inmate down.
Others cited by Mitchell included a deputy who brought a large knife into a jail pod to cut food, and another deputy who was fired for turning off the lights and allowing inmates to watch music videos on a department computer.
Mitchell sent the letter Wednesday to the City Council, Mayor Michael Hancock, the sheriff reform executive steering committee and several other public officials. The Denver Post obtained a copy.
In addition, the seven-member Citizen Oversight Board wrote a letter and signed a resolution in support of Mitchell’s findings.
The board’s letter and resolution also criticized the sheriff’s department and Denver Police Department for failing to provide the monitor with full access to records.
The oversight board’s members called for a new city ordinance that would require those departments to hand over more documents to the independent monitor.
Mitchell addressed his letter to Councilman Paul Lopez, chairman of the safety and well-being committee and a member of the sheriff reform committee. The letter is a response to the council’s oral and written requests for his input on the sheriff’s department’s ongoing troubles, Mitchell wrote.
Lopez said he had requested Mitchell’s insight into the ongoing problems with excessive force and wanted to learn whether some problems could be addressed through city ordinances, including one that would force the police and sheriff’s departments to hand over more documents.
“It’s a loud statement,” Lopez said of the resolution. “I don’t know why the Office of the Independent Monitor would not have access to those documents. That’s what the citizens of Denver expect for his office.”
Stephanie O’Malley, executive director of Denver’s safety department, said she was not surprised by Mitchell’s findings. All of them have been raised by various people as the city attempts to reform its sheriff’s department.
“I find no disagreement in any of the things he has observed,” O’Malley said.
The monitor’s observations will be included in a report given to the private consulting firm eventually hired to lead the reform, she said.
As for providing more documents to the monitor’s office, O’Malley said, “I understand his desire, but there are legal considerations that have to be taken into account.”
Mitchell’s letter identified eight areas that need attention. Some suggestions would require money and time to address, such as examining the role that inmate mental illness plays inside jail walls.
Others, however, could be addressed more quickly.
For example, the sheriff’s department retains footage from its security cameras for only 30 days, including in cases of excessive force, unless a complaint is filed, Mitchell wrote.
But inmates often wait until they are released to file complaints about excessive force because they fear retaliation. By then, the video is gone. He cited at least one recent case that was compromised because video had been deleted.
“Because there currently is no requirement that video of all uses of force be preserved beyond thirty days, video is sometimes deleted by the time the inmate actually files his/her complaint,” the letter said.
As for the problem of sergeants who don’t actively walk the cell blocks, Mitchell said it was a serious problem at the Downtown Detention Center.
The primary responsibility of sergeants is to supervise deputies and keep their fingers on the pulse of the inmate population. At the downtown jail, deputies often are left alone with large groups of inmates for hours at a time. As a result, problems flare up, Mitchell wrote.
“Contact between sergeants and deputies is one of the primary ways that a jail is able to set, convey and reinforce its performance expectations to deputies,” the letter said.
Mitchell said he interviewed several deputies and sergeants who agreed with his finding.
“These sergeants, and others, expressed frustration with these limitations, noting that they would be actively supervising deputies if not for the burden of managing the shift roster and completing associated paperwork,” the letter said.
Other remarks made by the independent monitor:
• Deputies should fill out more detailed use-of-force reports. And sergeants should speak with inmates or witnesses, view video footage or review medical records when assessing use-of-force reports.
• An electronic system that accounts for deputies making their required rounds through cells should measure whether the rounds were comprehensive or whether deputies simply walked through.
• A computerized system designed to alert supervisors to problems with individual deputies should be expanded to track inmate complaints and lawsuits.
• The disciplinary process takes too long, and penalties for inappropriate force should be strengthened to discourage misconduct.
• Deputies are not certified peace officers, but they are granted limited law enforcement powers. However, the department’s policy is confusing and needs revising. As a result, some deputies have exceeded their limited powers and gotten into trouble.
Noelle Phillips: 303-954-1661, nphillips@denverpost.com or twitter.com/Noelle_Phillips
