MICHAEL O. ALLEN

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Bergen County Jail

Living ‘Black’ in the United States of America

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And living to tell the tales.

Traffic was heavy on Route 17 in Hasbrouck Heights on my way home to Ridgewood, NJ, after work on Wednesday, which wasn’t exactly news. But, as I approached a stretch where Route 46 and Interstate 80 go over Route 17, traffic eased and I saw the reason why. Rubbernecking motorists.

What were they looking at?

A black man with both hands on top of his head standing in front of a white police officer on the grassy area next to the shoulder. The cop’s car, lights flashing, and another car in front of it were parked on the shoulder. Unlike Alton Sterling on Tuesday or Philando Castile on Wednesday, this black man stopped by a white cop was still alive.

James Eagan Holmes, heavily armed, killed 12 and injured 70 people in a Colorado theater and was captured alive. Dylann Roof killed nine churchgoers in South Carolina and was captured alive. Jason Dalton killed six and injured two in Kalamazoo. His life was preserved as he was being arrested.

Cedric Chatman. Tamir Rice. Laquan McDonald. Eric Garner. Michael Brown. Black men make up 6% of U.S. population; are 40% of people killed by police.

He’s lucky to be alive, I thought as I drove on. Was that too sanguine a response to the situation?

Jesse Williams Speaking out

I am not taking the situation lightly. I’ve lived long enough to be a middle-aged black male despite too many tangles with cops, both in the United States of America and elsewhere, to do that. But, as these killings pile up, becoming more and more common each day, I’ve long realized that I’ve been lucky to still be alive to tell tales of encounters with cops.

My narrow escape from racist Afrikaners in 1994, while on assignment for the New York Daily News in South Africa, is an entirely different story that will be told a different day. Not today. Also, it’s available on the Internet for anyone curious enough to want to find out.

St. Louis, MO in the ’80’s

A police car pulled up behind my car as I eased into traffic after a college friend and I left a bar late one night many years ago. He pulled me over. The cop came up to the car, peered in, then instructed me to step out. I did. He said that he had stopped me for suspected drunk driving because he had observed me weaving in and out of traffic. I protested that I did no such thing and that, in any case, I couldn’t be drunk driving since I had not been drinking.

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INMATE-WITNESSES HARASSED? Advocacy Office Cites Retaliation Over Testimony

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By Michael O. Allen, Record Staff Writer | Thursday, April 30, 1992

The Record (New Jersey) | 5 Star | NEWS | B01

Inmates who have testified in the federal lawsuit that seeks to reduce overcrowding at the Bergen County Jail are being targeted for retaliation by state and county corrections authorities, the state Inmate Advocacy Office claims.

The office cited a charge brought by the Department of Corrections against Gary Jones a week ago for his Feb. 7 testimony that detailed how he led a hunger strike to protest food service in the jail a month earlier. Two other inmates involved in the protest, Karl Meisenbach and Gregory Cannell, also filed complaints with the advocacy office.

Director of Inmate Advocacy Nancy Feldman said her office has investigated reports of harassment of inmate-witnesses.

“Obviously we are very concerned that there not be intimidation,” she said. “The witnesses have rights to testify and there should not be retaliation against them for that.”

“Absolutely ludicrous,” Sheriff Jack Terhune said of the allegations.

Terhune said that neither Cannell nor Meisenbach complained to his department and that the Inmate Advocacy Office failed to inform his office of the complaints.

Patricia Mulcahy, a Corrections Department spokeswoman, denied that the charge brought against Jones amounted to retaliation.

“The Department of Corrections does not retaliate against anyone. It’s all based on the evidence,” Mulcahy said. The evidence used against Jones was culled from the transcript of his testimony in the hearing, she added.

The state charged Jones with inciting a riot and sentenced him to 15 days in detention and 365 days in administrative segregation, and docked him 365 days of time off that he had earned for good behavior, Mulcahy said. The state also plans to send the case to the Bergen County Prosecutor’s Office for possible indictment, she added. Jones is serving five years for burglary.

Feldman said the only reason the department charged Jones was his testimony.

“We are not happy about this,” she said. “We don’t think it is right. We are evaluating Mr. Jones situation [and] the Department of Corrections action to decide how we can be most effective in helping him.”

Meisenbach on Tuesday told a special master who is holding fact-finding hearings on the lawsuit that corrections officers incensed over his Feb. 7 testimony were trying to set him up to look like a “snitch.” He asked Tuesday to be moved to a state prison out of fear of violence from other inmates. Meisenbach said Tuesday that although he felt it was the right thing to do, he regretted having testified in February.

In Cannell’s case, a homemade weapon was found in his cell a day before he was scheduled to testify in the Feb. 7 hearing, said Audrey Bomse, assistant deputy public advocate.

Cannell, who was bitten three times by a guard during the Jan. 11 incident, was a few days short of serving out 30 days in isolation for his role in the disturbance when the weapon was found. He was sentenced to an additional seven days in isolation. Bomse said the timing of the weapon’s discovery was suspicious.

Jones was moved from the Bergen County Jail on April 13 to the Garden State Reception and Youth Correctional Facility. He was tried nine days later and found guilty of inciting a riot and was sentenced the same day. On Tuesday, he was moved to East Jersey State Prison in Rahway, where he will serve his sentence and 365 days in administrative segregation.

Jones and Cannell were two of five inmates who called The Record on Jan. 11 to say they were going on a hunger strike to protest the quality of food and size of the portions.

Jones testified at the Feb. 7 hearing that as a leader of a group of white inmates, he persuaded black and Puerto Rican inmates in his dormitory to go on a hunger strike. All 64 inmates in the dormitory skipped lunch that day, he testified.

That evening, all but five inmates dumped their food into the garbage. As they all tried to rush out of the mess hall to return to their dormitory, some corrections officers were knocked down, Jones said. Officers used dogs to quell the resulting disturbance.

Fifteen inmates not including Jones faced institutional charges. Cannell and Howard Tucker were charged additionally with aggravated assault on a law enforcement officer. That case is before a Bergen County grand jury.

Jones testified that he continued his hunger strike for five more days out of remorse that other inmates got into trouble, when he, as the leader, was not charged.

Terhune said his department sent a report of the incident to the Department of Corrections for possible sanctions against Jones because he was a state inmate, held at the jail under a contract with the state.

But Bomse said the Corrections Department violated several of its own guidelines. Jones was in a county jail and should have been charged there, she said. Also, she added, the inmate should have been advised in writing, usually through a handbook given to inmates when they are assigned to an institution, of acts that are prohibited.

Even in exceptional circumstances, or if new evidence were obtained, Jones should have been charged within 48 hours of his testimony and the charges should then have been investigated, Bomse said.

BERGEN COUNTY; PRISON; LAWSUIT; PROBE

ID: 17375838 | Copyright © 1992, The Record (New Jersey)

BERGEN INMATE ASKS FACT FINDER FOR PROTECTION

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By Michael O. Allen, Record Staff Writer | Wednesday, April 29, 1992

The Record (New Jersey) | 5 Star | NEWS | B03

A 27-year-old Bergen County Jail inmate on Tuesday asked to be moved to a state prison out of fear of violence from other inmates because corrections officers allegedly set him up to look like a “snitch.”

Karl Meisenbach testified before James R. Zazzali, who is holding fact-finding hearings in a class-action lawsuit seeking to reduce overcrowding in the jail. The inmate said that an officer incensed over his February testimony in the lawsuit took steps to make other inmates suspicious of him.

Corrections Officer Richard McMahon spoke to him two times within view of other inmates, the second time shortly after a shakedown in the dormitory, Meisenbach said.

McMahon testified, however, that he knew Meisenbach from “on the street” and had counseled him on drug, marital, and custody problems. His talks with Meisenbach during the occasions cited were not out of the ordinary, McMahon said.

Meisenbach, who said he had been committed to the Bergen County Jail about two dozen times, testified in February that during a disturbance at the jail on Nov. 24, corrections officers accused him of possessing drugs, slapped him around, stripped him naked, and left him handcuffed to the bars in a holding cell.

Officers testified Tuesday that they had been called to the disturbance by other inmates complaining about Meisenbach.

Meisenbach said Tuesday that McMahon approached him in the jail in April and told him he did not like what he had been hearing about him. McMahon said four of his corrections officer friends got into trouble because of the February testimony, Meisenbach testified Tuesday.

A few days later, McMahon came to him, “again, in front of all the inmates,” and asked if he had any information for him. This happened immediately after a shakedown in the dormitory, Meisenbach said, adding that he feared violence from other inmates if they thought he was “ratting” on them.

McMahon testified, however, that he asked Meisenbach about two things: rumors that he had drugs on him in the jail he said that’s what he was referring to when he said he did not like what he had been hearing about Meisenbach and his testimony regarding how four corrections officers treated him during the Nov. 24 incident.

Zazzali said Tuesday’s hearing was to allow testimony from both sides, and that he did not know when, or if, he would rule on Meisenbach’s request.

ID: 17375767 | Copyright © 1992, The Record (New Jersey)

INMATE WHO TRIED SUICIDE HOSPITALIZED

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By Michael O. Allen, Record Staff Writer | Sunday, April 26, 1992

The Record (New Jersey) | All Editions | NEWS | A03

A 34-year-old Elizabeth woman was under observation at Bergen Pines County Hospital on Saturday after an apparent suicide attempt at the Bergen County Jail Annex.

The woman, who was identified by Westwood police as Linda Ferchinger, tried to hang herself Monday night, said Nancy Feldman, director of the state Office of Inmate Advocacy.

Feldman said she did not know if Ferchinger was under a suicide watch at the time. An investigator will interview her Monday.

Sheriff Jack Terhune, who has declined to comment, said Saturday that Ferchinger was no longer the responsibility of his department because she had been released on $500 personal recognizance bail.

Bergen County Prosecutor John J. Fahy said Friday that his office had downgraded the theft charge against Ferchinger to a disorderly person offense and returned the case to the Municipal Court.

Terhune said authorities in Union and Sommerset counties want Ferchinger for violating probation and would be able to pick her up as soon as she is released from the hospital.

The suicide try was the second in two months by an inmate in the custody of the Bergen County Sheriff’s Department. Four inmates have committed suicide in the past year.

In March, George Kellam, a 25-year-old fugitive who surrendered to authorities, slashed his wrist in a holding cell at the Bergen County Courthouse. He had been waiting to be transferred to the jail.

The Queens man was stopped by sheriff’s officers and was taken to Bergen Pines. He was in the Bergen County Jail Annex on Friday awaiting sentencing on drug possession charges.

Westwood Lt. Robert Saul said Ferchinger was arrested April 17 and charged with stealing jewelry from a resident.

ID: 17375485 | Copyright © 1992, The Record (New Jersey)

BERGEN OFFICIAL DEFENDS JAIL STATE; Testifies More Work is Needed

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By Michael O. Allen, Record Staff Writer | Thursday, March 12, 1992

The Record (New Jersey) | 5 Star | NEWS | B01

Bergen County officials on Wednesday opened their defense in a lawsuit charging that conditions in the crowded jail rob inmates of their constitutional rights, while acknowledging that improvements are needed.

Undersheriff Gary R. Buriello, who oversees operation of the jail, testified that the freeholders last year approved a $5.3 million bond to pay for extensive repairs and renovations throughout the Bergen County Jail Annex.

However, Buriello said he worried that the overcrowding could hold back that work.

“We have to have significant [state] inmate population reduction so that we won’t have to worry where to put the inmates while we are doing the work,” he said. He added that he was discussing such moves with state officials.

In testimony elicited by Deputy County Counsel Murshell Johnson, Buriello said 372 of 992 prisoners in the main jail and the annex Wednesday were state-sentenced inmates. He was the first witness called by the county.

The state Inmate Advocacy Office, on behalf of jail inmates, filed suit in 1988 against the county and state. The lawsuit charged that serious deficiencies exist in conditions, policies, and procedures at the jail, including in the areas of housing, health services, sanitation, food service, lighting, plumbing, ventilation, recreation, and security. The net effect of the deficiencies is to deny inmates their constitutional rights, the suit contends.

Buriello’s testimony Wednesday at the hearing in Newark was intended to counter those charges and testimony by witnesses called by the Inmate Advocacy Office, Johnson said. He also described the jail, how the Sheriff’s Department runs it, and the rules that govern inmate life.

Johnson said a measure of Bergen County’s seriousness in managing its jail is that it has increased the jail’s capacity every few years. A 72-cell, 144-bed addition to the jail was opened Wednesday, she said, and filling the addition will allow the county to move 135 inmates who slept on mattresses on the floor of the jail gymnasium out into other parts of the jail. The gymnasium has been used to house inmates for about three years.

“We are providing adequate level of services to the inmates,” she said. “We are actively trying to manage the population in the jail by instituting different programs, specifically the wristlet program,” which allows some people to serve their sentence at home.

Buriello testified that the county two weeks ago asked contractors for bids on the renovations and repairs at the annex. To begin this fall, the work will include expansion of the jail’s medical services section, complete renovations of several of the jail annex housing areas, and new electrical wiring, plumbing, a fire protection system, and a boiler.

He also said the jail is soliciting proposals on a new administrative building so that large areas of the annex could be used for the original purposes for which they were constructed.

If administrative functions are moved out of secured areas of the jail, opened areas may be used as intake housing, where new inmates would be observed as they adjust to jail life, he said.

Deputy Attorney-General Catherine M. Brown, who is handling the case for the state, declined to comment on any aspect of the case. Contending that the Inmate Advocacy Office failed to prove its case, Brown last week filed motions in U.S. District Court asking that it be dismissed. A hearing on her motion has been scheduled for April 13.

Buriello is expected to return to the stand Friday.

Caption: 1 – At the Bergen County Jail, inmates sleeping on mattresses on the gymnasium floor. COLOR PHOTO – CARMINE GALASSO/THE RECORD – 2 – (4s) Bergen County Sheriff Jack Terhune demonstrating a modular cell at the county jail annex on Wednesday. PHOTO – AL PAGLIONE/THE RECORD

ID: 17371248 | Copyright © 1992, The Record (New Jersey)

INMATE SUIT CHALLENGED; Case Against Bergen Jail Unproved, N.J. Says

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By Michael O. Allen, Record Staff Writer | Wednesday, March 11, 1992

The Record (New Jersey) | 5 Star | NEWS | B05

The state has asked the federal judge presiding over a lawsuit by Bergen County Jail inmates to reduce overcrowding at the jail to dismiss the suit, arguing that the inmates failed to prove their case.

When the state Inmate Advocacy Office, which represents the prisoners, finished presenting its case on Feb. 24, it did not prove that “deliberate indifference” by the state and county led to cruel living conditions in the jail, Deputy Attorney General Catherine M. Brown said in her motion.

Brown cited a July 1990 U.S. Supreme Court ruling that made it tougher for inmates to sue to improve living conditions in prisons. Inmates must show not only inhumane conditions, but “deliberate indifference” by prison officials, the court said in a 5-4 decision.

Assistant Deputy Public Advocate Audrey Bomse said the state’s arguments in the motion for dismissal were without foundation.

“They are misreading the law,” Bomse said. “To show deliberate indifference, you don’t have to get inside a person’s mind. All you have to do is show knowledge for a long period of time, and failure to act.”

Moreover, her office has shown that conditions in the jail have worsened, she said.

The state is a co-defendant with the county in the 1988 lawsuit. Bergen County’s two jails house about 1,000 inmates in space meant for 423. About 400 of the inmates are state prisoners.

Overcrowding exacerbates violations of the inmates constitutional rights, the lawsuit maintains. The rights are eroded through conditions and policies affecting housing, health services, sanitation, and other areas.

Jerrold Binney, assistant to County Executive William “Pat” Schuber, said the county continues to defend itself in the suit. But he added that the state is still responsible for a significant part of the jail’s overcrowding.

“Regardless of the outcome of the case,” Binney said, “we will continue to push for relief from the state financially.”

When the three parties in the case failed to reach an out-of-court settlement, Ackerman appointed James A. Zazzali as special master to conduct fact-finding hearings and to make recommendations. A yearlong break in hearings so the parties could negotiate a settlement last year ended in failure, and the hearings resumed.

Ackerman is scheduled to hear Brown’s motions on April 13.

ID: 17371091 | Copyright © 1992, The Record (New Jersey)

PROSECUTOR TO INVESTIGATE JAIL SUICIDES; Rate of Death `Out of Kilter,’ Fahy Says

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By Michael O. Allen, Record Staff Writer | Thursday, March 5, 1992

The Record (New Jersey) | All Editions | NEWS | A01

Bergen County Prosecutor John J. Fahy announced Wednesday that he would investigate the deaths of seven county jail inmates including four suicides during the past 11 months.

Fahy said the investigation was sparked by the death last week of Robert Irving, who killed himself in his cell about eight hours after he was jailed on a charge of murdering his girlfriend’s grandmother.

“I see an inordinate number of deaths in the jail, including four suicides in less than a year,” Fahy said. “That is a very high number as compared to other county jails. I don’t know what the problem is, but I see that the numbers are way out of kilter, and it’s my duty to investigate and make sure that the procedures are working.

“The Bergen County Jail is overcrowded, but every jail in the state is overcrowded. I suspect that is a factor, but the other jails are not having the same problem with suicides.”

Fahy said he would hire an expert in jail management to look at the jail’s policies and procedures, the training of corrections officers, intake screening, and supervision of inmates once they’ve been processed. He said he wants to see if someone routinely keeps an eye on each inmate, if only to make sure the inmate is all right. A report should be completed in about six weeks, Fahy added.

“In fairness to the sheriff, he may be running a very good jail, and just as a matter of bad luck, there’s a lot of misfortune there. That’s a possibility,” the prosecutor said. “But it’s an inordinate number of deaths, and we want to take a look at that.”

Patricia Mulcahy, a spokeswoman for the state Department of Corrections, said the Passaic, Essex, Hudson, and Morris county jails reported no suicides during 1990 and 1991. In the state’s 12 adult prisons and three juvenile institutions, two suicides were reported in 1990 and one in 1991, she said.

Bergen County Sheriff Jack Terhune said Wednesday, his first day back to work after a vacation, that he had talked at length with Fahy and would cooperate fully.

“I welcome his investigation of the department’s policies and procedures,” Terhune said. “Since I’ve become sheriff, we have amended a number of procedures relating to our intake policies and our mental health unit.”

In all of the suicides, the jail staff followed established procedures, Terhune said. One other death was an accident, he said, and the other two resulted from preexisting medical conditions.

The changes made by Terhune included adding a second officer in the mental health unit at the jail annex. He said he is considering hiring a part-time, on-site psychiatrist to supplement the services provided by Bergen Pines County Hospital, along with renovation and possibly expansion of the mental health unit.

Assistant Deputy Public Advocate Audrey Bomse, who represents Bergen County Jail inmates in an ongoing lawsuit to reduce overcrowding there, also said she welcomes Fahy’s probe.

The number of suicides “obviously is evidence of desperation,” Bomse said. “I really don’t know what specifically causes that state of despair, why it should be so different from other jails.”

Bomse was critical in particular of the way the jail handled John Russell, a Fair Lawn resident who hanged himself with a shoelace in a shower in the mental health unit on Oct. 4. Russell had been admitted to Bergen Pines County Hospital on Aug. 27 and was released Sept. 30.

“His medical intake screening at Bergen Pines indicated that he had four previous suicide attempts,” Bomse said. “The day he was sent to the hospital, he had attempted suicide in the shower, in the exact same situation that he would later kill himself. They couldn’t have been alerted any more to the need for this one man to be watched.”

Terhune said Russell was put on suicide watch upon his return to the jail, and killed himself while corrections officers were distracted by another inmate’s suicide attempt.

“At the time, we did not take shoelaces from everyone committed to the Bergen County Jail or everyone in the mental unit. The policy has since been reviewed, and we now provide slip-on shoes to everyone in the mental unit,” the sheriff said.

Caption: COLOR PHOTO – “I see an inordinate number of deaths in the jail, including four suicides in less than a year. . . . It’s my duty to investigate.” Bergen County Prosecutor John J. Fahy

ID: 17370627 | Copyright © 1992, The Record (New Jersey)

JAIL SITUATION IS DECRIED; Suicide is Linked to Poor Conditions

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By Michael O. Allen, Record Staff Writer | Friday, February 28, 1992

The Record (New Jersey) | 5 Star | NEWS | B01

A state deputy public advocate on Thursday criticized procedures at the Bergen County Jail after a Passaic man accused of murder committed suicide in his cell.

Robert Irving, 20, accused of killing Ann Roma Li Gregni of Lodi last week, should have been monitored better, said Assistant Deputy Public Advocate Audrey Bomse. She is overseeing a 1988 lawsuit challenging overcrowded conditions at the jail.

Irving was arrested Tuesday and was found in his cell 7:05 a.m. Wednesday by a corrections officer who came to serve him breakfast. He choked himself with his shoelaces, and his socks were stuffed in his mouth, Bergen County Prosecutor John J. Fahy said.

“Here you have a young person, he’s hit with a serious charge, high bail, had not had contact with an attorney, probably distraught,” Bomse said. “It would seem to me there should be better monitoring within the first few days of admission to the jail.

“It also raises the question whether there is adequate training of officers, adequate intake procedure, and suicide prevention.”

Fahy had said that Irving appeared calm at the time of his arrest.

Irving’s mother, Millie, 39, also said Thursday that her son should have been watched.

“I feel like if he was arrested for murder he should have been watched,” she said. “A 20-year-old boy accused of murder, and he wasn’t watched? I don’t care, even if he was in his right mind.”

Irving said her son denied he was involved in the killing after he was questioned by authorities who visited their home.

“I asked him, `Did you do it? He said, `No, Mama. I won’t do something like that,” she said.

Fahy said the number of inmate suicides three in the jail since May, with a fourth by an inmate at Bergen Pines County Hospital a month earlier seems higher than in other jails around the state and could indicate a serious problem. He said he would investigate.

Bomse, saying “the level of security is definitely a factor in deciding whether the conditions are constitutional,” added that the suicides will be offered as proof that overcrowding and inadequate staffing inhibit the jail administration’s ability to protect the inmates from themselves as well as from other inmates and security officers.

But Bergen County Undersheriff Mary Ellen Bolton reiterated Thursday her earlier statement that Irving had physical and psychological screening “and did not demonstrate any signs or symptoms” of suicide.

Irving was charged in the strangling death of Li Gregni in her home at Avenue C on Feb. 20.

Her body was found wrapped in a blanket in a basement closet. Fahy said Irving was the boyfriend of Li Gregni’s granddaughter and that she disapproved of the relationship.

Hearings in the public advocate’s suit, filed in 1988 to relieve overcrowding and the problems it creates, are under way before a special master who will make a recommendation to a federal judge.

ID: 17370050 | Copyright © 1992, The Record (New Jersey)

SLAYING SUSPECT KILLS SELF IN JAIL; Charged in Death of Lodi Woman

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By Michael O. Allen, Record Staff Writer | Thursday, February 27, 1992

The Record (New Jersey) | 5 Star | NEWS | B01

A Passaic man who was charged Tuesday with killing a Lodi grandmother committed suicide in the Bergen County Jail early Wednesday.

Robert Irving, 20, the boyfriend of the victim’s 16-year-old granddaughter, was found in his cell by a corrections officer who had come to deliver breakfast, said Bergen County Prosecutor John J. Fahy.

“He choked himself with the shoelace, and there was a sock that was found in his mouth also, but I haven’t received all the details at this time,” he said.

The prosecutor said his office will investigate the suicide, the third since May and the fifth death in the jail since March. “It’s something that I’m going to be looking at,” Fahy said. “I am disturbed that people are committing suicide in the jail, and it does not appear as if, perhaps, the proper procedures are in place to make sure that this does not happen.

“I am familiar with the 20 or so other county jails in the state, and I don’t know of this happening with this kind of frequency at the other jails.”

Irving had been accused of strangling Ann Roma Li Gregni in her home at Avenue C last Thursday. Her body was found wrapped in a blanket in a basement closet.

At 3 a.m. of the day of the killing, Irving climbed into the bedroom window of Li Gregni’s granddaughter, Dawn, who lived with her, and spent about two hours there, Fahy said. Dawn is not suspected of involvement in the crime.

Irving, who was in the house without Li Gregni’s knowledge, returned after she left 7:30 a.m. to take her granddaughter to Immaculate Conception High School in Lodi.

“We believe that he didn’t know she would be there,” he said. “The grandmother’s pattern was to get up, drop the granddaughter off at school, go to work, then come back home.”

But Li Gregni, who disapproved of her granddaughter’s relationship with Irving, had been ill and had not reported to her job as a billing clerk at Gibraltar Plastics in Lodi for a few days. She was seen dropping off Dawn at the school 7:45 a.m., then bought bread at a Lodi bakery.

The loaves later were found on her kitchen counter.

Meanwhile, Irving let himself into the house with a key Dawn had given him two years ago, Fahy said.

“Irving probably assumed the grandmother would not be home, and he was just hanging out at the house. Then she surprised him by coming into the house. From there, we ended up with a murder,” the prosecutor said.

Li Gregni’s daughter, Elaine Tufaro of Garfield, became concerned when she could not reach her mother, Fahy said. The woman had not called in sick to work. Tufaro then called Lodi police, who found her body at 11:10 a.m. Thursday.

An autopsy performed Friday revealed that she had been strangled, Fahy said.

Investigators discovered that her pocketbook, keys, and 1987 Honda Civic were missing, the prosecutor said. A neighbor saw the car leave the house about 8:25 a.m. but did not see who was driving, he said.

“He was a suspect from the beginning. He was always our suspect,” Fahy said.

He added that Li Gregni family members knew Irving often entered the house through Dawn’s bedroom window and left through a basement window to avoid Li Gregni.

On Friday evening, a Passaic patrolman saw the car in an unpaved parking lot adjacent to an apartment building at 75 Hope St.

Authorities then watched the car during the weekend, but removed it when no one came for it. The Bergen County Sheriff’s Department’s Bureau of Criminal Identification processed it for fingerprints, and a positive identification of Irving’s fingerprint was found on the shift handle, Fahy said.

Irving was arrested at 6:30 p.m. Thursday at the Passaic apartment he shared with his mother and siblings. He was charged with murder and theft, and bail was set at $1 million.

Bergen County Undersheriff Mary Ellen Bolton said Irving did not appear to be a suicide risk when he was brought to the jail at 10:55 p.m. Tuesday. “The inmate was brought to the booking area, and a general assessment was conducted by the medical staff and determined that he was acceptable for general population,” she said.

“Had this gentleman been identified as a risk for suicide, he would have been put in a separate unit in the jail annex and put under suicide watch.
“At 5, he was identified as awake and alert. At 6 a.m., he appeared to be sleeping when an officer made his rounds. And at 7:05, the officer attempted to wake him to serve him his breakfast, and he was identified as deceased.”

Bolton said the Sheriff’s Department’s Detective Bureau was conducting an investigation into the death. Irving was alone in the cell.

Sheriff Jack Terhune was on vacation and unavailable for comment.

Irving’s mother, Millie, did not wish to comment. John Bethea, who said he is a family friend and next-door neighbor, said Irving was “one of the quietest kids.”

“I’ve never seen him do anything,” he said. “To me, he was one of the perfect kids didn’t drink, didn’t do nothing.”

Fahy said Irving had a “substantial criminal record,” including serving a one-year term on a narcotics charge and an arrest last month on an arson charge.

A spokeswoman for the state Department of Corrections said Irving was paroled in October. He had been in the state prison system since November 1990 on a narcotics charge, she said.

Two other suicides occurred in the jail in the past year.

In May, Christian F. Shane, 21, of Fair Lawn hanged himself in his cell with a sheet tied to a bar above his door.

John Russell of Fair Lawn, who was jailed Aug. 23 for violating probation, hanged himself in a shower with his shoelaces. He had spent about a month in Bergen Pines County Hospital for psychiatric treatment.

The two suicides led to staffing changes in the jail, including the addition of a second officer in its psychiatric ward.

ID: 17369970 | Copyright © 1992, The Record (New Jersey)

INMATES BLAME FOOD FOR JAIL DISTURBANCE; Testify at Hearing on Class-Action Suit

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By Michael O. Allen, Record Staff Writer | Saturday, February 8, 1992

The Record (New Jersey) | Two Star B | NEWS | A03

Two Bergen County Jail inmates testified Friday that dissatisfaction with the jail’s food led to a hunger strike and a disturbance last month in which one prisoner was bitten three times by a guard dog.

Gary Jones and Gregory Cannell testified at the Bergen County Courthouse in Hackensack at continuing hearings on a 1988 class-action lawsuit filed by the state Department of the Public Advocate to reduce overcrowding at the jail.

Jones and Cannell said that prisoners are dissatisfied with the quality of food and the size of the portions. Until the protest, they said, food often was served cold.

Jones said that, as a leader of a group of white inmates, he persuaded black and Puerto Rican inmates in his dormitory to go on a hunger strike Jan. 11. All 64 inmates from the dormitory skipped lunch that day, he said.

That evening, all but five inmates, who ate because they were hungry and were allowed to leave ahead of the others, dumped their food into the garbage and tried to rush out of the dining hall past corrections officers to return to their dormitory, Jones said.

Officers used dogs to quell the disturbance, Jones said. Cannell said that corrections officers cornered a group of inmates, handcuffed and beat him, then allowed a dog to bite him on his left hand and once on each arm.

As a result of the disturbance, 15 inmates were charged with rule violations, and Cannell and Howard Tucker each face a charge of aggravated assault on a law enforcement officer.

Cannell, whose testimony will continue next week, hired Westwood attorney Leopold A. Monaco to represent him on the charge. Cannell said inmates had many complaints, ranging from how corrections officers treat them to physical conditions. Monaco said his client has been held in isolation since the incident as punishment.

County officials have maintained that the correction officers actions were proper, saying the inmates provoked the response by rushing for the doors.

The hearings resumed this week before James A. Zazzali, a special master appointed by U.S. District Judge Harold A. Ackerman in September 1989, when the parties failed to reach an out-of-court settlement. They are expected to last at least through February.

ID: 17368253 | Copyright © 1992, The Record (New Jersey)