County’s attorney outlines defense in trial dealing with jail
Videography and still photography shot inside Washington County Jail was a key element in proving that a jail inmate who claimed he saw mistreatment of a fellow prisoner could not have seen what he said he did, an attorney informed Washington County Prison Board Wednesday.
Edmond P. Joyal, who represented the county in the federal case brought by David D. Wise, 33, of Washington, said the layout of the jail was presented in lieu of a bus trip and tour of the facility to help the six-member jury learn more about the events of July 16, 2010, when Wise, who suffers from epilepsy, was serving a sentence for homicide by vehicle.
Wise’s fellow inmate “couldn’t see anything” that led to the alleged delay in Wise’s treatment for a seizure, Joyal told the prison board. Wise claimed jail Capt. Michael King did not immediately call 911.
The attorney thanked the prison board and jail administration for their role in preparing photographic and video evidence. “A lot of work needed to be done in a timely manner,” Joyal said.
“Thank you,” replied prison board Chairman Larry Maggi. “We’re very proud of our staff.”
The county’s defense of the suit cost close to $150,000, Joyal said, and it’s possible he will seek reimbursement from Wise and his attorney. If the county is awarded reimbursement of defense costs, the county treasury would receive $25,000, the amount of its insurance deductible.
Maggi favors the additional court action, saying it would “send a message out there” to halt what he called “frivolous lawsuits.”
County solicitor Mary Lyn Drewitz said a federal rule of procedure prohibits attorneys from filing baseless claims.
It took the jury less than 90 minutes to render a verdict Monday in favor of Washington County and King. Wise had been seeking at least $75,000 based on claims the jail and the county violated his civil right to medical treatment while incarcerated.
Several defendants, including other corrections officers and jail nurses, were dismissed from the suit before the case went to the jury.
Joyal told the prison board he had claims seeking punitive damages from the defendants dismissed.
Lawrence Fisher, Wise’s attorney, was in court Wednesday afternoon and could not be reached for comment on a possible appeal, which must be filed within 30 days of the verdict. He is the author of “Memoir of a Milk Carton Kid,” the story of missing person Tanya Kach, and he has a true-crime book, “Victim of the System,” scheduled to be released in October, according to his website. An attempt to reach Fisher again Thursday also was unsuccessful.
The county jail, according to statistics for the end of March, houses 336 inmates, 280 men and 56 women.