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| Inmate discipline probe must proceed |
| By desmoinesregister.com - CLARK KAUFFMAN |
| Published: 08/15/2011 |
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A Polk County judge has ruled against the Iowa Department of Corrections in its efforts to block an investigation by the state ombudsman's office. Judge Joel Novak has ordered former Department of Corrections Administrative Law Judge Deborah Edwards to answer questions, under oath, from the Office of Citizens' Aide/Ombudsman. It's not clear whether the attorney general's office, which represents the Department of Corrections, intends to appeal the decision. Geoff Greenwood, spokesman for the attorney general, said the office is exploring its options. The ombudsman is investigating the manner in which an inmate at the Fort Dodge Correctional Facility was disciplined for allegedly bumping the chest of corrections officer David Diemer in April 2008. The inmate, Randy Linderman, appealed his discipline, and the case was assigned to Edwards. Before Edwards could hear testimony, Warden Cornell Smith sent her an email about the case that said, "Hello, Deb. Please exercise sanctions to fit situation (180 to 365)." After the hearing, Edwards issued a decision in which she said Linderman's offense, a Class B violation, would result in the loss of 180 days of "earned time" - a decision that effectively lengthened Linderman's prison sentence by six months. However, Class B violations are punishable by the loss of no more than 90 days of earned time, except in cases of aggravated circumstances. When the ombudsman's office first asked Edwards about the case, Edwards allegedly said she had chosen not to aggravate the charge against Linderman. Read More. |
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