Schedule for November 2009

    Earlier this week, Jim Hughes finished his review of the investigation into Ellis’ death and concluded there was “no individual whose conduct rises to being criminal.”

    Hughes reached his decision Monday, after meeting with Vermont Defender General Matt Valerio and reviewing his department’s investigation.

    “I do not find cause to bring any criminal charge against any individual involved in this or any individual period,” Hughes said this morning.

    Ellis, a 23-year-old West Rutland woman with a serious eating disorder, was two days into a 30-day sentence for careless and negligent operation of a motor vehicle when she died at NWSCF on Aug. 16.

    The chief medical examiner determined Ellis died of “hypokalemic induced cardiac arrhythmia due to anorexia/bulimia nervosa and denial of access to medication.”

    Hypokalemia is a medical condition that arises when a person’s potassium levels are dangerously low. Ellis’ heart beat irregularly, and she died.

    Ellis was on a potassium regimen for her eating disorder but was denied access to her prescribed dietary supplement the morning she died. Prison Health Systems (PHS), which provides health services in the state’s prisons through contracts, has registered nurses on site at NWSCF, according to Hughes.

    PHS’s contract is due to expire at the end of this year and has announced it would not bid for a new agreement, under speculation that the state would not have renewed that contract, even with a bid.

    Under state law, criminal negligence requires that a negligent act, or a failure to act that causes harm, must be accompanied by a “guilty mind.” In other words, would a reasonable person with the same level of skills and knowledge as the accused act in the same way and recognize the potential harm involved?

    In Ellis’ death, the “guilty mind” component of Vermont law would likely have been applied to one of PHS’s trained and educated registered nurses at the St. Albans Town women’s prison.

    In Ellis’ case, however, “guilty mind” does not apply to an individual, Hughes said. He would not comment when pressed to elaborate.

    Ellis’ death was not a suicide, and “denial of access to medication” was listed as a cause of death.

Earlier this month, Hughes said involuntary manslaughter charges were possible, if criminal negligence by a person caused Ellis’ death.

If an individual is not responsible for her death – who is?

“I will not comment on that,” Hughes replied. “That is in the report, and that’s not public. My job was to see if there were criminal charges that needed to be made public in this matter. And there aren’t.”

Hughes’ decision still leaves questions unanswered for Ellis’ friends and family. Her grandmother, Sandra Gipe, of Clarendon, could not be reached for comment today.

Ellis’ family has retained an attorney, meaning a civil suit is possible – most likely with PHS as one of the defendants.

Montgomery attorney Barry Kade, a prisoner’s rights advocate, said, “If there was criminal negligence, it resulted in someone’s death.”

Clearly stating that his views are based only on the facts that have been made public thus far, Kade said, “At some point the buck has to stop, and that person is criminally negligent.”

Asked if it was possible to charge PHS as a company with criminal negligence, Kade replied, “I don’t know how you would go about charging a corporation with criminal negligence.”

In Vermont, state’s attorney’s offices are not equipped with the resources to take on large corporations that often come with teams of high-priced lawyers.

When asked if the time and resources needed to charge a corporation with negligence should be a factor in deciding whether to prosecute, Kade replied, “Unless it would virtually cripple the prosecutor’s office, which I don’t think it would.”

Ed Paquin, director of Vermont Protection and Advocacy, declined to comment on the Hughes’ decision, Ellis’ death.

Ellis was pronounced dead at the Northwestern Medical Center at 7:35 a.m. on a Sunday, a short time after she was found unresponsive. She was breathing, and she had a pulse. Prison officers immediately rendered her aid and called paramedics.

    That morning, she was served breakfast and had corresponded with corrections officers.

    Ellis was not mixed with the general population under prison policy that new inmates are segregated to counter attempts at smuggling contraband.

    Hughes received the case from Vermont State Police for two reasons: it was a Franklin County death, and because the Vermont Attorney General’s Office recused itself from the issue, citing potential conflicts in criminal and civil matters if corrections officials became involved.

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