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Jail staff 'embarrassed' by inmate's near escape

Thu, Oct 8th 2009 12:00 am
By CAROLYN THOMPSON
Associated Press

BUFFALO - Erie County's sheriff attributed an inmate's near escape from a downtown lockup to a single deputy's slip-up and said it did not reflect on the management of the facility, which has been the subject of recent federal and state lawsuits.

Sheriff Timothy Howard said a deputy at the Erie County Holding Center didn't make sure a cell door was properly locked Sunday, allowing an inmate with a history of escape attempts to make his way to the building's rooftop recreation area, where he then got onto another part of the roof.

Brian Collins, 24, kept officers at bay for about two hours, waving and shouting to onlookers below, before climbing down a ladder provided by police and surrendering. He had been at the county-run jail since January on charges that include possession of a weapon and stolen property.

Monday, Sheriff Timothy Howard placed the deputy, whose name was withheld, on paid leave pending an internal investigation.

The incident drew more unfavorable attention to a facility under fire from both state and federal authorities over its treatment of inmates.

Last week, the U.S. Justice Department filed a lawsuit claiming that the holding center and another county jail in nearby Alden routinely deprive inmates of their constitutional rights. The suit cited an investigation that found evidence of violence, sexual misconduct and inadequate medical and mental-health care.

The federal action came about a week after the state Commission of Correction sued over alleged chronic violations ranging from failing to provide inmates with reasonable access to a toilet to denials of due process. The state Supreme Court lawsuit asks a judge to compel the county to comply with standards set by law.

Howard and Erie County Executive Chris Collins defend the county's operation of the holding center, saying the Justice Department lawsuit was driven by "liberal activists" who want taxpayers to fund excessive levels of care for lawbreakers.

"I will not let county taxpayers foot the bill so that Washington can ensure hotel rooms for prisoners," Collins said last week.

Howard Monday acknowledged that the weekend escape attempt reflected poorly on the facility, but stressed that it would have been prevented had the veteran deputy pulled the cell door to make sure it had locked.

"Rattling doors is corrections 101," he said. "All of our staff is equally embarrassed because this happened," the sheriff said, "but they also all realize that this was the result of one employee not doing his job."

The inmate, Brian Collins, in 2006 dove out a third-floor window at Buffalo Police Headquarters in one of three escape attempts in a single weekend. He pleaded not guilty to escape and other charges Monday and was returned to the jail.