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| Judge Upholds That Inmate Can Be Force Fed |
| By WCSH News 6 |
| Published: 11/07/2005 |
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A Maine judge in Bangor heard arguments recently on whether James Emerson, an inmate at the Penobscot county Jail, can be fed through a feeding tube. Emerson has been on a hunger strike for almost four weeks. In that time, he's lost more than twenty pounds. In last week's ruling, Justice Andrew Mead described Emerson as appearing to be pale and withdrawn. Emerson's lawyer says his client wants to take his life rather than head back to prison and shouldn't be forced to eat or drink. But County Sheriff Glenn Ross say's he's responsible for the well being of inmates and the jail's legal teams says its no different if Emerson was trying to take his life using other means. "If Mr. Emerson was trying to slash himself with a razor or trying to hang himself from a light fixture with a t-shirt, the sheriff would have an obligation to intervene and we think he has the same obligation here with a man that's purposely trying to hurt himself," said the Bruce Mallonee, the attorney for the sheriff's dept. Emerson will appear in court on federal gun charges. His lawyer says if Emerson accepts a plea offer, it's his understanding that his client will be taken to Fort Devins in Massachusettes for a mental health evaluation, before going to federal prison. If he does not accept the plea offer and remains in custody at the jail, Sheriff Ross says they will have Emerson re-examined. If doctors feel his health is in jeopardy, he'll be brought to a hospital to be force fed. However, hospital workers are not obligated to attach the feeding tube. But they and the hospital would be immune from any criminal or civil responsibility if they do. |
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