Prison guard fired after inmate death

Prison guard fired after inmate death


2nd jail worker demoted in aftermath of homicide
By Abigail Curtis
BDN Staff

WARREN, Maine — The Maine Department of Corrections has fired one prison guard and demoted another after an internal investigation into the April homicide of inmate Sheldon Weinstein.

The 64-year-old prisoner who used a wheelchair died on April 23 of blunt force injuries evidently received at the hands of other inmates. Three employees were put on administrative leave after Weinstein’s death.

The criminal investigation is being handled by the Maine Attorney General’s Office.

“They might not have called for medical attention soon enough; they might have ignored it a little. And that’s terrible,” Maine Sen. Stan Gerzofsky, D-Brunswick, said Monday of the guards’ response. “It was taken as a very serious offense. I never saw the commissioner as mad as the day he told me what happened.”

The senator, who has served four terms on the Legislature’s Committee on Criminal Justice and Public Safety and now is the committee’s co-chairman, said that he expects more fallout to come from Weinstein’s death.

“We haven’t heard all of it yet,” Gerzofsky said. “[Commissioner Martin Magnusson] wasn’t going to allow any sort of cover-up. They were going to be punished, and he didn’t care where the ax dropped, either.”

Officer Joshua Bailey, who had worked for the department since March 21, 2005, was terminated on Sept. 10. Sgt. William Robinson, who was first hired on July 7, 1986, received an “involuntary demotion” to the rank of correctional officer on Sept. 13, according to a personnel document made available by the Maine Depart-ment of Corrections.

The information has now become public after a freedom of access request was filed by the online media group VillageSoup, which publishes the Herald Gazette in Rockland.

“I think it’s pretty clear that the Department of Corrections recognizes that something went terribly wrong,” said Scott Gardner, the Biddeford attorney who is representing Weinstein’s estate.

Gardner, who already has filed a notice of claim in a $1 million lawsuit against the state, said that he had represented Weinstein in his criminal case. At the time of his death, Weinstein, who had Type 1 diabetes, was serving a two-year sentence for a conviction of one count of gross sexual assault against a child. He had been held in the Maine Correctional Facility in Windham until he broke his leg when he fell out of bed.

“The irony is that he was moved to Maine State Prison because of its superior medical capabilities,” Gardner said.

While at the prison, his client was “very much aware” that he was at risk from the other inmates, Gardner said.

“Can you imagine anybody more vulnerable than a 64-year-old man in a wheelchair?” he said.

What the attorney knows about the beating death of his client has been gleaned mostly from prison gossip and the scanty information that has been made available. But he thinks that Weinstein suffered an excruciating death from internal injuries, drawn out over four days.

“Sheldon was someone who was a pre-med major in college,” Gardner said. “Shelly knew exactly what had happened to him. He knew he was dying.”

Weinstein’s death reminded Gerzofsky of the 1990 murder of inmate Larry L. Richardson, a convicted child molester who was “unspeakably tortured” and finally murdered by his cellmate after a three-day “kangaroo court” conducted by inmates, according to a 1993 report from the Maine Attorney General’s Office.

Gardner, who was a member of the legal team that filed a wrongful death suit against the state after Richardson was killed, recalled that suit being settled for $400,000. He thinks that there’s a good case against the state now, too.

“Clearly, the actions of the state employees, the corrections officers, go well beyond simple negligence,” Gardner said. “It’s our contention that the guards knew he was in danger, they knew he was being beaten and did nothing to stop it.”

Gerzofsky said that he spoke with inmates and other guards about the homicide. He said that Weinstein’s death is not indicative of widespread abuses within the system.

“Inmates said no. They still felt the guards were doing their jobs as trained,” he said. “The inmates and the guards I talked to were confident that it would all be brought to light.”

Maine Department of Corrections Associate Commissioner Denise Lord said that people throughout the department have paid attention to Weinstein’s homicide and conducted “an extensive” personnel investigation.

“An incident such as that is extremely troubling, and one we take seriously,” she said.

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Comments
60 comments on this item

He shouldn't have molested a child and then he wouldn't have been there!! Cant' feel too sorry for him even if he was in a wheelchair! Some must have felt that he deserved more than a 2 year sentence.

There is never an excuse for any violence, his or otherwse.

Loleve- I know you think I always have trashy comments and NO I do not have any personal attachment to this story either, just going to state my OPINION! This scum molested a child, he knew he was a target while in prison, inmates hate child molesters and rapists, so knowing what he was doing time for he should have requested to be placed in protective custody, not doing this he took his life in his own hands, maybe he felt he deserved what he had coming to him so he stayed in general population, don't know and really do not care what happened to him! I personally feel that who ever did this did the world a favor because when he got out in 2 years he probably would have molested/raped another child, they DO NOT change!!!!!!!!!!!

QUOTE: “We haven’t heard all of it yet,” Gerzofsky said. “[Commissioner Martin Magnusson] wasn’t going to allow any sort of cover-up. They were going to be punished, and he didn’t care where the ax dropped, either.” UNQUOTE

The last sentence strikes me as odd... "he didn't care where the ax dropped, either". Almost sounds as to me as though they don't care who they nail for this, as long as they get someone.

will the C.O. OFFICER 'BAILEY' be charge with his care less act of health care intentions in care situation as to no matter the death inmate is convict of?

Good job inmates! Keep up the good work! If the state wont punish them someone has to.

The man did not receive a death sentence from the court, he received a prison sentence. Yes he did molest a child, but those scumbags in prison are no saints either. They committed murder and I for one want them punished as murderers. Bring back the death penalty.

It is a bad enough of a place to work. It's pretty bad when you are at risk of being punished or sued on the job site for not seeing something go down on your watch. You cannot even help someone out of a burning vehicle these days without the threat of being sued. I would say by this article that they have no idea what inmate(s) did this to this inmate in the wheel chair. More credit needs to be given to these men and women in uniform. They work a sh! t job and put their lives on the line every day. Nobody's perfect.

Gardner seems to be johnny on the spot with these lawsuits. Course, it was not published that the child molester refused medical attention. We give these guys so much credit but when things go wrong the scapegoats, guards, take the hit.

outdoorman : I agree 100% with your statement. t reminds me of a time when our troops returned home from war to get spit on and put down , now they return as hero's. Law enforcement officers are overworked and underpaid and also underprotected by the law. I also think these child molesters know what happens to them when they get to prison. It's no secret that inmates don't like them and show it. I also believe that 1 man can not keep his eyes on everyone all the time so the inmates will get their way one way or the other.

Can you imagine anybody more vulnerable than a 64-year-old man in a wheelchair?” he said. Yup a child

I have NO SYMPATHY for anyone that molestes a child.

I agree with Rockon when he said he could think of somone more vulnerable then a 64-year old man in a wheelchair. A child.

My hats off to you Rockon and I am behind the corrections officers unless they physically hurt Mr.Slimbag themselves.

Twice now men have been beaten and tortured to death in Maine prisons while the guards turned a blind eye. And many have been tortured and lived. This is not the America I served in the Armed forces. Ask John McCain about torture and many others not so famous as he. We have a constitutional government. If you don't like the laws for child molesters.... and I don't...They should get life... vote in representatives and judges who will change the laws. I understand your anger but you know what? I think most of those who are saying he got what he deserved would not have participated in this animalistic act. It is one thing to sit here at the keyboard and say it.... quite another to look him in the face and take his life in such a horrible way. If you could do it... you should be in prison yourself before you go off some day and kill or maim someone. Why do you think so many soldiers come home with PTSD and other severe mental problems? Because they see things that no one should ever see and have to do things that no one should ever have to do. We are suposed to be the most civilized country in the world a shining example of justice and right over might... some of you shame me.

This scum bag didn't belong in prison. He should have been shot after he was found guilty.Now he has raped the taxpayers, this will cost big $$$$$$$$$$$$$$$

7:38 boo-hoo i feel really bad for this scum bag. I wish that there was a way that we could send money and whatever else they might want to these fine inmates. War is hell man up!

He shouldn't have molested a child! He got what he deserved. There should be no lawsuit. He should have chose to live a moral life and he wouldn't have been in there in the first place. Sorry I can not feel bad for a person who has harmed an innocent child! PERIOD! He got what he deserved. Sorry to the family he left behind but the fact is he was a sick SOB!

The DC sniper goes to sleep tonight for the last time...

Virginia doesn't mess around.

"something went terribly wrong"

Passive language strikes again.

He molested a child...ok, I admit it...I want to beat him sideways...However, we cannot let our prisons run as vigilante lynch mobs just because we as citizens are too lily livered to demand more severe punishments in the first place.

He went to prison for two years...would I have wanted more? YES!!! Did he get more? No. Am I upset about it? Yeah. However, he wasn't sentenced to death. If we end up creating a prison system where child molesters are sent for two years with the expectation that they will be murdered, then isn't our legal system guilty of being an accomplice?

Sending someone to prison for two years should mean just that...two years. Sending someone to prison for twenty years should mean just that...twenty years. Want a death penalty (despite all the facts which support that it does nothing to deter crime), then push to enact one as a law. Another referendum again?

If there's one thing we can learn from this it's that we should send all convicted child molesters to Warren Prison. Then, by having them put in general population, I think that we'll see a significant decline in repeat offenses because all of the original offenders will be dead. Also, current sex offenders roaming around in the pubic that haven't been caught and even potential sex offenders will realize that if they do get caught, they'll be sent to Warren, which the same thing as a death sentence.

Conclusion: By sending sex offenders to Warren, we will gradually reduce the rate of child molestations, rape, etc., and at the same time make all of the other inmates provide a service to the people, which is a good quality to have if/when they do get released into the public.

Just a thought.

Karma is a harsh mistress.

Sometimes pretty important details get left out of an article. Details such as the inmate who died had told the officers he was ok and didn't need medical attention after the attack. But, I guess the commissioner just wants a "fall guy" as he does every time something drastic happens at the prison. I guess things such as the pods being designed to be run by two officers but instead is run by one officer on 64 inmates really doesn't matter either. Let's not look at the important issues at hand. Let's just look for a "fall guy" to make the family of the victim feel better. It doesn' t really matter if you ruin the family of a corrections officer who is trying to do his job in the process. Maybe the people who look for the ":fall guy": or the people who have no idea what goes on inside the Maine State Prison should come in and run a pod sometime. Maybe then you will shut the hell up....I am not saying the incident of tis inmate dying isn't unfortunate, because it is. But, don't put the blame on a corrections officer until you look at all the details. Then if the CO is to blame, you can prosecute or whatever. But, don't until you know everything.....

I like Rockon's comment..

I have no sympathies for a man that sexually assulted a child. Very well said freetospeak..

“Can you imagine anybody more vulnerable than a 64-year-old man in a wheelchair?” he said (Scott Gardner). Yes I can you Scumbag lawyer. The child he was convicted of molesting! He got what he deserved, prison justice. I hope he died painfully.

although i do not wish a violent deasth on anyone, this i hope will send a message to all other scumbag molesters of what can happen in the bighouse. he should have known after he "fell out of bed and broke his leg" that he should have gone in pc. read and listen all you scum molesters, look at the possibilities you can get when you do your cowardly acts. and jazz11, not sure what to make of your remarks. sounds like you r going to bat for these scumbags.

I am so glad to see that all of those stories you hear about child molesters getting their just desserts in jail are true.

There is justice in the world after all.

The prisoners are taking care of what the lawyers, judges, and evidently a lot of the public will not do! Looking out for the children that are tortured by these sick perverts! Vulnerable? It's the little children that fall in that category. A good many people suffer from Diabetes, but that does not give them an excuse to molest the innocent little ones Don't you imagine that they were as terrified by what this pervert was doing to them as he was when he was being beaten? But that didn't stop him now, did it!!

I understand the feeling of the public in this article. I agree. However, the guards had a job to do. They were being paid to watch over this man regardless of what he was charged/convicted of. If they couldn't do that job without prejudice than maybe they should be looking for a different career. I know what I am talking about because I was a corrections officer for 20 years.

I remember when Jeb Bush was governor of Florida, and they put some guy to death in the electric chair and apparently the chair malfunctioned and they guy felt every bit of it for a minute or so. Good ol Jeb sad "let that be a lwarning to anyone in Florida that intends to commit a capital crime, we have a little problem with our electric chair". gotta love it.

You couldn't pay me enough to be a prison guard. The crap they have to take from the inmates (sometimes literally) and then they can't even give them an attitude adjustment without being sued for violating someone's civil rights. Lots of details left out of this story like how the prison was set up, was it adequately staffed, was he offered segregation. Everyone will benefit from this except for the guards. The big guys have their scapegoats, the perv's family is going to get paid, the lawyer will get a big fat commission and just maybe the elimination of this perv will have prevented a few cases of future molestations. Justice would be if the lawsuit award went to the victim of the molestation rather than the perv's family.

Why in heck should the state be obligated to pay for wrongful death?

If he wouldn't have molested a child he would have been in jail.

I agree wit RodMarks give the money from lawsuit (whatever is left after the lawyers take all they can) to the family of the victim

guerraelson how many guards were on the same section as u. If I understand right he was alone for the whole section.

This guy molests a child and somewhere along the line, us taxpayers are going to pay even more money into the prison funds because he got what he deserved??? At the least, the settlement money should go to the child that was assaulted in the first place! In the previous case (larry richardson)...who got all those hard earned tax payer dollars??? the family of the inmate or the child that was assaulted??? I honestly don't kno, (not bein a smarta**) but would definately like to kno who gets the money in a case like this!!! UUUHHHGGG!!! I cant even read the paper/watch the news these days w/o getting so freakin mad I want to stand outside of the courthouse and scream at every single person that shows up there on a regular basis!!! Ok sorry im done now!

Boo hoo. Will the child he molested receive any monetary compensation?

RodMarks got it right above.^^^^^^^^^^^^^^^^^^^^^^^^^^

Its very common for child molesters to experience this sort of thing while incarcerated. A lot of inmates do not tolerate this kind of behavior (crazy as it sounds, as some are murderers)...but, Ive witnessed many child molesters having to be put in protective custody due to the threat of being injured by others. I believe there is an eye for an eye, and in the end God has your death all planned. I guess if it was my kid who was molested at the hands of this animal, I would of been relieved of the news of his death. So that way he could never get out and do it to another innocent child again. Doesnt make it right, per say...but it is what it is. Yes these guards are suppose to protect all inmates no matter what their charges, and I can say 100% that the pressure you get from inmates to do this, and do that, to turn your back for a minute and pretend like u didnt see, is huge! Im so torn regarding this, because I know what the guards were thinking...justice. I just dont think they realized how far this was going....

In a couple comments here, I see people asking things such as "where were the guards or If the guards can't do their jobs then maybe they need to find other employment." What really got me is the latter comment came from a CO of more than 20 years. He must've been one of those CO's we call CCTW/CO. The kind that is all about caring for inmates. People need to really understand how things in the prison works. There is one officer for 64 inmates in a pod. If inmates are going to assault another inmate, they normally have other inmates distract the officer. It only takes seconds for inmates to accomplish their mission on assaulting someone. So, unless you know how inmates play in there, you need to keep your mouths shut about "where was the officers." I don't care if I piss someone off here or not by saying this. I have been there and done that job. The only ones I feel for here are is the guard who lost his job because he was doing his job trying to support his family or the sargeant who lost his stripes. Maybe when the new warden comes she will be more supportive of staff than some people obviously are....

At the time of his death, Weinstein, who had Type 1 diabetes, was serving a two-year sentence for a conviction of one count of gross sexual assault against a child. far as i can see for once justice was served nicely ,now drop it and move on

Mr Magnusson saved his buddy Jeff Merrill who was the warden when this happend, Jeff now has a 6 figure or near 6 figure job 15miles from his home. Marty knows all about this because he was warden when Larry Richardson was killed there and he Marty got off scott free, now some poor guard trying to make a living is taking the fall NOT FAIR. These Good Old Boys take care of esch other while some poor sucker will probably loose everything. While budgets are being cut they make Jeff a chushy job that got created for him as Energy Auditor or some such tijtle. If some of you people worked the front lines you'ed know what I'm talking about

3 hours until the DC sniper goes nighty night for the last time....

Thanks to the death penalty....

"Can you imagine anybody more vulnerable than a 64-year-old man in a wheelchair?” he said- YEAH actually I can - the child he molested.

I agree with most posts here; you reap what you sew.

A very simple solution would be to castrate the sexual offenders. If thine eye offends thee, pluck it from my head. A couple of examples of offenders getting castrated would deter would be offenders from taking action if they knew what was at stake!

Just a quick note in ref to what sewerman said: What you said about the "good ole boys" taking care of each other, you hit the nail right on the head. Everything you said is so true. The system is so corrupt it is pathetic. Nobody can do anything within the system because, as you said, they take care of each other. The warden departed to his new job taking with him items belonging to the state from the wardens house which the state owns in Thomaston. Shouldn't this be a crime such as theft or destruction of state property? But, because he is "the MAN" he can get away with this. And, as far as this cushiony job Merrill has been given, doesn't the public have anything to say about this because this is a time of state budget crunch. Check out the camp Merrill has. Rumor has it that inmates from Charleston built that. Isn't that inappropriate use of inmates? I hope all these asses who think htey are untouchable get burned some day.

The electronic cesspool called The Maine Prison System cost Maine voters and taxpayers $35,000.00

a year to house 1 person . In return the voters are guaranteed a more vicious and competent criminal

is returned to the street to continue preying on Maine citizens. The recidivism rate for the Maine Department of Corrections is close to 75%

That means 75 out of 100 men and women released from Maine prisons will return to prison usually within a year.

The current Commissioner of Corrections Magnusson was the understudy for former Commissioner of Corrections

Don Allen of Cousins Island. Allen was indicted by the Maine Times newspaper in the mid 1970's for his involvement in

torturing children at the Maine Youth Center. Some of these former juveniles testified against Allen at his confirmation hearings in the 1980's.

If the Department of Corrections was a private corporation it would have been sued out of business a long time ago.

Until Maine voters and taxpayers start to see themselves as primary consumers of this system and take a leadership role

in shaping its organizational model these type of events will continue with some frequency.

Lets give our legislature a new mantra and call it RESTORATIVE JUSTICE. http://www.restorativejustice.org/

Scott Gardner, the Biddeford attorney is making a nice living off kids being molested. He most likely recieved at least $80,000 from the first case and stands to make $200,000 if he gets what he wants from the second pervert getting what he deserved. Giving lawyers a bad name!! If the guy had any class he would turn over his share of both settlements to the kids that were molested.

This is crazy. Give the Guards their Job back. Who cares if some child molester was murdered? The world is a better safer place for children Now.

I am totally in favor of the death penalty. For violent crimes like rape, child molestation, murder, and such depravity. The reason people say it doesn't work is that there are way too many appeals and too much time goes by between crime and punishment. If a person is absolutely guilty of such a crime, then get rid of him. Not after 5 or 10 years of support from the good people of Maine and free legal representation, but as soon as arrangements can be made. If the death penalty were implemented swiflly and liberally, we would not be turning criminals back into the streets to do it all again. Want a good place to start? How about the scumbags who assaulted and killed this scumbag? Works for me.

lets get a few things straight he was not a civilian he was a inmate. Second off he deserved what he got and yes i would of sat there and watched too or turned a blind eye. Boo Hoo he was vulnerable so was the little child he molested i have no sympathy for scum bags like this. No we would not let this happen to a civilian oh wait yes we would we are america a country where people are afraid to help beacuse they are afraid to get sued for everything they own. so another words yes i would let this happen to a inmate or prisoner but not a innocent civilian he was neither a innocent civilian or a civilian at that.

Got what he deserved. Simple as that.

Any chance we can dig him up and kill him again?

Wonder if this scumbag Gardner has any children?? Maybe his views would be different if it happened to his family. I can't even imagine how he can sleep at night....for representing this man to begin with.... then filling a million dollar suit against the state..... "Can you imagine anyone more vulnerable than a 64 year old man in a wheelchair?"..... gag me with a forklift.... this man molested a child....

mbn550 Who ever killed this child molester should be returned to society immediately. Your the low life scumbag that should be put in prison. Scumbags like you probably support Hells angels, and other child molesters rights like you are doing now.

I think the man or men that murdered this sewage should be given a medal and released. The Guards should get promotions and pay raises if they did play a part in this jail justice.

The only way I would say the inmate who killed this child molester should stay in prison is if he is a child molester himself. I really don't believe a man that felt enough disgust in this child molester that he took it upon himself to serve justice could be a child molester.

Men that support child molester should be put in prison if that child molester tries to harm another child. Its people like You mbn550 that make life easy for child molesters. The judge should be sent to jail for the small amount of time he gave this pig.

When men harm rape molest and murder women and children , they should lose their rights . All rights including the right to life .they should be used and abused Scared strait.

They would never harm a child again if they knew they were legal punching bags in prison.

mallory LOL Now thats how I feel about men like that child molester killing them once is not enough.What kind of scumbag is that Lawyer? suing because a child molester was killed . Like the child molestere should have a full time babysitter in prison.

mbn550 here support this You disgust me.

http://www.topix.com/forum/city/bridgewater-nj/TEE9A849K3QUG7KR8#lastPost

When you support Hells angels you support men that harm rape molest and murder women and children.

When you support Hells angels you support men that support men that harm rape molest and murder women and children.

bring back pulic hangings and floggings. seeing someone kick at the end of a rope sounds like crime deterent to me. clownwatcher, you got a lot of balls calling the Hells Angles child molesters. heres hoping you can keep them!

Just let the family of the molested children castrate the offender.. if they dont want to I will.. Gladly.

FreetoSpeak is correct. Inmates have nothing but time on their hands and these things are usually well calculated. They'll distract the guard and execute these types of plans in only a few short moments.

I've seen it happen and I've also watched COs look the other way as the inmates torment the pedophiles day after day. Even in PC, the torment continues...remember the kitchen staff is made up of inmates too:)

Its difficult to feel sympathy for anyone who would use a helpless child for their own twisted sexual gratification, and many of the CO have children of their own.

And Clownwatcher, I see you're still at it.(yeah, I know who you are and what you're about) I doubt you're going to find anyone here to help you out on your mission. Anyone that knows anything about the HA's or has any affiliation with the HA's knows what you've been up too, so go target another MC...or at least target one that finds you worthy of their time.

It aint gonna happen here.

Thank you Paleshadow

Anyway, this article is about a prison guard who lost his job because he was doing his job. This is what we are trying to defend. Clownwatch....you are in the wrong article. I have read your comments in other articles and you have some sort of hangup on HA's. Keep it out of this article please....I do appreciate what you say about child molesters, however, HA';s have nothing to do with this article.

We need to keep the guard who lost his job in our prayers because he has a family who he is trying to support, and, to lose your job because you were doing your job is drastic with the economy the way it is now.

The Warden lost his job because he wasn't doing his job. Now that makes more sence. What doesn';t make sence is that the governor gives him a cushiony job to "save face" so to speak. And this was done only because he is a friend of the governor and because he was the warden. So I guess it really does matter who you are. You can do your job and get fired and your name in the headlines and trampled on. Or, you can be someone who doesn't do their job and, because of who you are, you are saved the embarrassment. Thanks Mr. Governor. I guess this is what they mean by the state motto: MAINE: THE WAY LIFE SHOULD BE.

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