State apologizes, but can’t explain missing evidence in prison overdose case
Inmate, now serving 7-10 years, could face life if convicted of drug distribution
A prosecutor apologized this week for the state’s failure to preserve evidence in a case involving an overdose death in a state prison.
The state of South Dakota wants to convict the inmate charged with providing the drugs, Manarion Fuse, of a crime that could keep him behind bars for the rest of his life.
Fuse is accused of giving drugs to Anthony Richards, who died of a drug overdose in February at the South Dakota State Penitentiary’s Jameson Annex. Fuse, who appeared in court via video link on Tuesday, maintains his innocence.
During the hearing, Assistant Attorney General Ryan McFall told Minnehaha County Judge Jon Sogn that the state never measured the quantity of the drug present in Richards’ system before it concluded that he’d died by overdosing on it.
The prosecutor also admitted, with an apology to the judge, that it no longer has videos of the visits where Fuse was allegedly given the drugs he was later indicted for distributing inside the prison.
“It was supposed to have been preserved,” McFall said of the video evidence, adding, “There is not a good answer as to why it was not.”
Case the first of several tied to ‘K2’
Fuse’s case is among several tied to an uptick in the circulation of synthetic drugs, referred to colloquially as “K2,” inside South Dakota’s prisons.
Seven people are believed to have died of overdoses this year in the state’s custody. K2 is suspected or confirmed as a cause of death in at least five of them, starting with Richards, who died on Feb. 6 at the age of 20.
Fuse, 22, went to prison last year for the unlawful discharge of a firearm. He’s serving a 10-year sentence, with three years suspended. Given his prior convictions, he could be sentenced to life if he’s found guilty of distributing a substance resulting in death.
Questions key to Fuse’s defense involve the drug’s concentration in Richards’ body, the source of the K2 involved, and Fuse’s contention that the drugs came from other inmates or Department of Corrections staff members.
Fuse’s court-appointed attorney, Minnehaha County Deputy Public Defender Kylie Beck, said Tuesday that her client “is adamant that he is not the person who provided the drugs” that killed Richards.
Video visits
The state has alleged that family and friends gave Fuse the K2 during visits, Beck told the judge.
Beck said she expected the state to be able to prove as much with videos of those visits, which she’s asked to review. In response, McFall said he also expected the videos to be preserved, but that there’s little he can do about it now.
“They do not exist at this time, and cannot be provided,” he said.
The Department of Corrections did not respond to a South Dakota Searchlight request for comment on the videos.
On the issue of testing for the amount of K2 in Richards’ system, Beck said the reports she received indicate only that the drug was present.
“I believe quantity is critical if the allegation involves an overdose in which a person was killed,” Beck said.
McFall said no such “quantitative” tests were performed at the time of Richards’ autopsy, repeating a line he’d use several times during the half-hour hearing:
“We’ve turned over what we have.”
Inmate points finger at staff
Beck has twice requested reports about six current or former state employees who worked inside the prison “regarding their possible involvement and/or knowledge” of the drug distribution tied to Richards’ death.
Beck was given reports showing that those staff members responded to the Richards overdose, but said Tuesday she was looking for reports that might support her client’s contention that they were known to be “dirty” staff.
At least one of the staff members no longer works for the state, according to South Dakota Searchlight reviews of the state’s salary database.
McFall said the state had provided all the incident-related reports that mention the staff members. He’s not aware of any reports accusing the staff of drug-related misbehavior, and said he’s “not aware of any authority” that would grant Fuse access to any reports on those staffers beyond those created in relation to Richards’ death.
But, he added, “to my knowledge at this time, no reports investigating those individuals exist.”
Judge Sogn told Beck there’s no way he can order the release of reports that don’t exist, but said the state must produce them if they emerge.
Phone calls, inmate safety checks
Beck also wanted to know the dates attached to “about 20” recorded phone calls placed by other inmates on Fuse’s unit in the run-up to Richards’ death.
Beck said she needs to know the dates to determine if any talk about drugs captured on those calls can offer insight on the source of the drugs circulating at the time.
McFall said the dates were not part of a “bevy of answers” delivered in October from the state. At this point, he said, the case’s lead investigator is out on maternity leave and might not be able to help for a few weeks.
Judge Sogn told McFall the information ought to come earlier than that.
“There has to be at least one person at the penitentiary” who can provide the dates and times for the calls, Sogn said.
The judge also told McFall to seek out more details about the cell checks performed on the day of Richards’ death. Thus far, Beck said, she’s received information on how often cells ought to be checked, but no records to show that those checks took place — or didn’t — on the day Richards died.
The judge gave the state until mid-December to deliver the remainder of deliverable evidence to Fuse’s attorney. The case is scheduled for trial on the week of Jan. 26.
Content courtesy of South Dakota Searchlight
 | A guest post by
|
What a mess.