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Judge reaffirms that CO case is not about violating prison policy

Officers are accused of arranging a fight between two inmates and challenging them to participate in dares

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York County Prison.

Image York County Prison

By Rick Lee
York Daily Record

YORK, Pa. — Senior prosecutor Kelley Nelson clearly wanted the numerous York County Prison policy and training manuals allowed into trial to establish that three corrections officers charged with official oppression knew they were doing wrong.

The officers are accused of arranging a fight between two inmates and challenging them to participate in dares, such as snorting soap, coffee and chili powder, for extra food and coffee.

But Judge Richard K. Renn ruled again on Wednesday that the prison’s policies and manuals governing the treatment of prisoners do not rise to the level of the law.

Nelson, who is prosecuting David Michael Whitcomb, Mark Andrew Haynes and Daniel H. Graff, said, the manuals and documents offered as commonwealth exhibits would help establish to the jury that the “kind of conduct they were engaged in ... they were taught and trained to know it was mistreatment and misconduct.”

Defense attorney Chris Ferro, who represents Haynes, said introduction of the prison’s policies would only serve to confuse the jury “who are to consider the law.”

“It is irrelevant whether their allegations violate prison policies,” he said.

Renn, who previously ruled the exhibits inadmissible, agreed and reiterated, “The defendants are charged with violating a specific statute. They are not being charged with violating prison policy.”

The three defense attorneys, Ferro, Korey Leslie and Steve Rice, then turned their attention to another commonwealth exhibit, a short surveillance video of Haynes allegedly putting an inmate in a choke hold.

The defense had asked that they be provided with the video of the three defendants’ entire work day on the day in question.

Rice said they were told that Deputy Warden Clair Doll, who was called to the stand on Wednesday but not asked any questions, had edited the video down to the relevant part of the allegations and that the rest of the day’s video and been reused per the prison’s video retention policy.

Rice, who represents Graff, questioned why the rest of the tape was erased.

“If something wasn’t saved, there’s a reason for that, judge,” Rice said.

Rice contended that the video before and after the alleged choke hold could have provided evidence favorable to the defense.

Renn scheduled another status hearing on Oct. 30 to hear additional argument from the defense on the admissibility of the edited video at trial.

The three officers are tentatively scheduled for a jury trial before Renn in December.