Missouri lawmaker calls for more control after prisoner’s death

JEFFERSON CITY – The death of a Missouri prison inmate in December has sparked renewed calls for the establishment of an independent oversight board for the Missouri Department of Corrections.

Republican Rep. Tony Lovasco of St. Charles County said he plans to reintroduce a bill next year to create an oversight board to monitor and evaluate conditions in the state’s 20 prisons.

“All levels of Missouri government must be transparent and accountable to taxpayers, including prisons,” Lovasco said in a statement. “I am encouraged by the growing movement within the Republican Party to recognize that these issues affect families and others far beyond those incarcerated, and I plan to reintroduce legislation addressing these issues next session.”

Lovasco’s plans to push for the creation of an ombudsman’s office came after four former Missouri prison guards pleaded not guilty Monday to charges related to the Dec. 8 murder of Othel Moore, 38, who was pepper-sprayed and left in a position that led to his asphyxiation.

A fifth officer pleaded not guilty to aiding and abetting manslaughter.

In addition to the criminal charges against Jefferson City Correctional Center staff, Moore’s family filed a wrongful death lawsuit against the defendants, the Department of Corrections and former Department of Corrections Director Anne Precythe, who retired in December after six years at the helm of the department.

Also included in the lawsuit is former prison warden Doris Falkenrath, who was fired in June before Cole County prosecutors filed charges against the rank-and-file officers.

Moore grew up in St. Louis and served a 30-year prison sentence for second-degree domestic violence, first-degree robbery and other charges.

The federal court lawsuit says the Moore incident was “part of a broader, deeply rooted pattern of behavior” among special forces in prisons.

“Under the direction of MODOC, fear-mongering, pain-infliction, and intimidation tactics were systematically used against inmates, creating a culture of cruelty that is specifically prohibited by the Eighth Amendment as cruel and unusual punishment,” the lawsuit states.

The probable cause statement in the criminal case states that Moore was searched for contraband in his cell during a raid and stripped down to his boxer shorts. Moore did not show any aggression during the process and followed instructions, investigators wrote.

Moore was handcuffed and pepper-sprayed outside his cell. He was then placed in a spit hood, leg cuffs and a restraint chair. Guards told investigators that Moore had disobeyed orders.

Cole County Prosecutor Locke Thompson said several people heard Moore say he couldn’t breathe. Moore was taken to a hospital wing and pronounced dead. His death was ruled a homicide by the medical examiner.

The federal court lawsuit filed by Moore’s family states: “Defendants were aware of the risks posed by inadequate training and supervision of their officers and demonstrated willful indifference to them. This resulted in a pattern of conduct that likely resulted in a violation of constitutional rights.”

Under the bill introduced by Lovasco this year, the ombudsman’s office would have access to all prison facilities, including all areas used by inmates during normal work and visiting hours.

“This authority includes the ability to conduct an interview with any inmate, department employee or contractor, or any other person,” the legislation states. “When communicating with inmates, such communication shall not be monitored, recorded, or conducted in the presence of department employees or contractors.”

Senator Angela Mosley (D-Florissant) introduced a similar bill, but neither made it to a committee hearing.

The proposal is supported by Families Against Mandatory Minimums, a prison reform organization.

“People should not die by murder while in state custody. Period. Several states have implemented independent prison oversight, and Missouri desperately needs it next,” said Maria Goellner, director of state policy at FAMM.

Lovasco is running against marriage counselor Deanna Self of St. Paul in the Republican primary on August 6. Mosley’s challenger for the Democratic nomination is Rep. Chantelle Nickson-Clark of Florissant.