INMATE SHACKLED 5 DAYS

Prison Officials Believed Man Had Swallowed Heroin

An inmate was shackled to a chair for five and a half days without
exercise or sleep at the state prison in Buena Vista, because
officials suspected him of swallowing bags of heroin and wanted to
collect the evidence.

Lights in the room were never turned off, and inmate Brian Willert,
29, was strip-searched and cavity-searched 17 times, even though a
guard sat a few feet away watching him constantly.

Chaffee County District Court Judge Charles M. Barton threw out the
evidence - which Willert eventually managed to produce - ruling that
it resulted from an unreasonable search. He said prison officials
could have accomplished the same thing in a few hours by obtaining a
court order to administer a laxative.

"Forcing a shackled inmate to sit in a chair for over five days
posed, in the court's opinion, an unreasonable risk to the life and
health of the inmate," Barton said in his July 14 ruling. The judge
said prison officials failed to check on Willert's health after he
tested positive for methamphetamine on the fourth day, indicating a
balloon containing that drug might have burst inside, giving him an
overwhelming dose.

"It is difficult for the court to imagine a more intrusive
procedure," the judge wrote. "Defendant was watched every minute for
over five days. He was not permitted to meet the basic human need to
lie down and sleep."

The judge also questioned how the repeated strip searches of an
inmate both shackled and watched could be related to security.

However, Barton declined to accept Public Defender Patrick Murphy's
suggestion that he rule the treatment of Willert cruel and unusual punishment.

The incident occurred in June 2005 after prison officials were told
by Willert's girlfriend that she kissed him during a visit and passed
into his mouth four balloons of what she thought was heroin. The drug
turned out to be meth.

The tattooed Willert, serving his second prison sentence for drug
use, was placed in one of the prison's two "dry cells," which have no
sink or toilet. The idea was to watch him closely until he passed the evidence.

He was shackled to a chair with leg and belly chains and not allowed
to lie down, the judge ruled. Lights in the 6-by-8-foot room were
never turned off. He slept only occasionally for 20 minutes at a
time, for a total of three hours over five and a half days, the judge found.

Some of what happened to Willert is standard procedure in the
Colorado Department of Corrections. But Gary Golder, director of
prisons, said the inspector general for the department is
investigating to determine, "Did the staff violate the policies or do
something inappropriate?"

Murphy, who won the ruling, said the state prisons frequently place
inmates in dry cells to see if they have ingested balloons of drugs.
"But usually, it's over within a day," he said.

Golder said he thought the dry-cell procedure is used rarely, less
than once a month in the entire prison system.

Golder said he believed no prisoner had been injured as a result -
although the judge said Willert suffered abrasions and swollen joints.

Murphy, who represents inmates in many of the state's prisons when
new charges are filed behind bars, said Buena Vista is the only state
prison that does not allow the inmate to lie down in the dry cell.

The judge said officials violated state rules by not having Willert
checked by the medical staff at the beginning of the incident when
they suspected him of ingesting drugs. He should have been checked
again by medical staff when his stay in the cell was extended beyond
three days, the judge said.

Although rules say the guard can let the prisoner walk, Willert "sat
in the chair except for brief periods of stretching and using the
restroom," the judge said in his order.

Golder said officials have tried getting court orders to use a
laxative against a prisoner's wishes, but they don't always succeed.
If it is as easy as Judge Barton suggested, he said, "We'll go back
and do it again."

Willert managed to turn victory to defeat in the end. He was released
from prison but failed to show up for the hearing where his public
defender won this ruling. So he was arrested again for violating his
bail, was hit with an additional charge of attempted escape for
allegedly trying to kick out a door on a police car and now is
confined again in the Larimer County jail awaiting trial.