Cairo Association of Teachers - Newsletter

CAT Tracks for February 7, 2006 CAIRO WOES - DOUBLE EDITION

Illinois State Police conclude investigation into the Cairo jail death and turn "evidence" over to Cairo officials.

However, in a proverbial "one step forward and two steps back" moment...

The First National Bank declares the City of Cairo "in default" and freezes its accounts.

From the Southeast Missourian...

Any action on formal inquest waiting for return of autopsy report.

RUDI KELLER ~ Southeast Missourian

CAIRO, Ill. -- The review of the strangulation death of Demetrius Flowers while in Cairo, Ill., police custody reached a new stage Monday when Illinois State Police investigators turned their files over to the Alexander County prosecutor.

A written report and physical evidence -- including a videotape that shows part of the holding cell where Flowers died -- were among the items given to State's Attorney Jeff Farris. The collection of evidence isn't complete, Farris said, because he and Coroner David Barkett are still waiting for a formal autopsy report and the results of any investigation by other agencies.

"Thereafter, and as soon as possible, while making the best effort to insure a complete investigation, the coroner will proceed with a formal inquest and the state's attorney will make a determination of whether criminal charges are called for," Farris said in a news release.

Flowers, 38, died in a holding cell Dec. 14 about five hours after being arrested. He died of strangulation, Barkett said at the time in a preliminary ruling.

Cairo Mayor Paul Farris -- the state's attorney's cousin -- said last week that he believes Flowers killed himself by accident while attempting to inflict an injury serious enough to be hospitalized. Mayor Farris did not elaborate on what evidence he has seen that led him to that conclusion and has not returned calls seeking comment.

Flowers was found with shoelaces around his neck. The shoelaces were tied above him in the cell and he was slumped forward, Mayor Farris has said.

Officer punished

Within days of the death, Farris suspended without pay three police officers and two dispatchers who were on duty while Flowers was in the jail. Two of the officers -- both lieutenants -- and one dispatcher were fired last week. The others, an officer and a dispatcher, were returned to duty after admitting they didn't follow city policies for handling and watching prisoners. The two who were reinstated also agreed to drop any grievance against the city over their suspensions. State police investigators won't comment on their conclusions about the death, said Master Sgt. David Baker, head of the state police investigative unit at District 22 headquarters in Ullin, Ill.

Along with a videotape of the cell, which Baker said only shows a portion of the room where Flowers was held, investigators turned over photos of the scene as well as audio recordings of witness statements and police telephone communications.

When the death was first reported, Barkett announced that he was also asking the FBI and the Illinois attorney general's office to investigate. Scott Mulford, a spokesman for the attorney general, said any state investigation has been handled by the state police.

No one from Flowers' family could be reached for comment Monday. They have been critical of Barkett for not holding an inquest and have questioned the account given by Mayor Farris.

In an interview Saturday, Flowers' father, Arby Davis, said his son would not deliberately hurt himself. Flowers had been arrested before and wasn't afraid of being in a cell, Davis said.

When an inquest is held, Davis said, it should include a re-enactment of how his son allegedly tied off the shoelaces so everyone can understand how it was done.

Bank says Cairo in default; accounts frozen

RUDI KELLER ~ Southeast Missourian

CAIRO, Ill. -- The bitter fight paralyzing city government in Cairo now threatens the town's financial health as a bank last week declared it in default on its debts and froze city accounts.

A letter dated Feb. 1 from First National Bank in Cairo, signed by bank president Jay Manus, calls for city leaders to work to solve the problems or face costly legal action.

The letter was addressed to Mayor Paul Farris and the six-member city council. Farris did not return calls Monday seeking comment.

The city council will meet today, at Farris' request, to consider borrowing $136,000 in anticipation of future tax revenue in order to meet current obligations. The posted agenda doesn't detail whether the future tax money is expected in the current year, which ends April 30, or in the upcoming fiscal year. A call to city hall for clarification was not returned.

The bank letter didn't detail exactly how much the city owes. But the city is 110 days late on payments totaling $3,123.76 for one loan and 45 days late paying $14,221.80 on a second obligation, Manus wrote.

In addition, the city doesn't have hazard insurance for required properties nor has it provided audited financial statements to bondholders, placing it in default, Manus wrote.

Audits are a particularly thorny problem for the city. Under Illinois law, cities are required to deliver audits to the office of the state comptroller within six months of the end of a fiscal year. Cairo hasn't filed any audits since the review of spending for 2002 was completed.

The comptroller's office is working to push Cairo into compliance, said Carol Knowles, spokeswoman for the comptroller. The office has been told by Cairo officials that the 2003 audit should be done within a month or so, which would allow work to begin on the 2004 and 2005 audits, she said.

The audit currently underway covers the year immediately prior to Farris' election as mayor. At a recent council meeting, Farris said the audit needs more work before it can be accepted.

There are no state penalties for failing to provide an audit, Knowles said. If an audit is delayed too long, she said, the comptroller's office does have the power to hire an auditor for the city and force the city to pay the bill.

"We currently have more than a dozen underway. Communities usually receive several communications from the office, and we try to work with them before we take this action," Knowles said.

The letter freezing Cairo's accounts and declaring it in default isn't the first attempt by the bank to get the city's attention. Previous letters seeking to get the questions about payments and audits resolved haven't been answered, Manus wrote.

"It is clear the city's elected officials and appointed fiduciaries have abdicated their legally required duties and responsibilities," Manus wrote. "This is an unacceptable situation."

The bank wants to work with the city to straighten out the problems, Manus wrote. "But now you must act in good faith or we will be forced to protect our interest by taking additional legal actions that will be both costly and detrimental to the city of Cairo."

The bank is willing to work with the city, Manus said. "We don't want to cause any harm to the city of Cairo," he said.

Getting money to make required payments would be only the first step to sorting out the difficulties with the bank. And Farris will have difficulty getting the council to go along with the plan to borrow $136,000, council members Elbert "Bo" Purchase and Bobby Whitaker said Monday.

Whitaker and Purchase are bitter enemies of the mayor, engaged in a prolonged campaign aimed at removing Farris from office. Council members won't vote for a loan today, Purchase said, in part because Farris has withheld paychecks from his opponents.

"I guess it means we are going to have bad credit," Purchase said. "We had A No. 1 credit before he came in there."

The idea of borrowing from next year's income to pay this year's bills isn't fiscally sound, Whitaker said. Council members have been rebuffed in their attempts to gain insight into city dealings under Farris, he said.

"We have requested for the past two and a half years and haven't received anything but a bunch of numbers," he said.

Here's the Paducah Sun's version of the first story...

No rush to judgment in Cairo jail death

By Anne Thrower athrower@paducahsun.com

CAIRO, Ill. — The Illinois State Police investigation of the death of Demetrius Tyrone Flowers at the Cairo Police Department in December was turned over Monday to Alexander County State’s Attorney Jeffery B. Farris.

Farris said he will take the time that’s needed to review the case and receive additional reports before deciding what, if any, charges will be brought. “I’ll take it as I get it,” Farris said.

Flowers, 38, was found dead Dec. 14 in a holding cell. Alexander County Coroner David Barkett has ruled the preliminary cause of Flowers’ death to be a lack of oxygen because of ligature strangulation.

Barkett sat in on a meeting Monday morning between Farris and Case Agent Thomas Goessman of the Illinois State Police. Like Farris, Barkett said he is waiting for the results from more tests, including forensic pathology results. A final autopsy can take months, Farris said.

Last week Cairo Mayor Paul Farris said Flowers may have accidentally killed himself trying to deprive himself of enough oxygen to force a trip to the hospital. Jefferey Farris said Monday he didn’t know where the mayor, who is his cousin, would have gotten the information. “The only people with the information is me and the state police,” he said.

Last week the mayor fired Cairo police lieutenants Gary Hankins and Timothy Brown and dispatcher Don Beggs for supposed negligence, either by not taking Flowers’ shoelaces or by not adequately monitoring him.

Paul Farris had also lifted the unpaid suspension of two other employees — Officer Terry Crowe and dispatcher Legina Meyer — because they acknowledged violating police department policies on searching and monitoring prisoners and agreed to drop their grievances filed against the city.

Prosecutor Farris said the state police has kept him informed with the investigation since about the time it happened. But the police investigation — which includes several hours of surveillance video from the cell — wasn’t turned over to the state’s attorney until Monday.

Also included in the investigation are photographs from the scene, audio recordings of witness statements and police telephone communications about the time of the incident. Barkett had asked the Illinois Attorney General’s Office and the FBI to assist with the investigation. Those reports have not been received by Jeffery Farris.

After all reports are in, Barkett will proceed with a formal inquest as soon as possible. Farris said he is not under any time limitation to bring or not bring charges, but will also proceed as soon as possible. Because the investigation is ongoing, all the reports and supporting information is considered confidential at this time, Jeffery Farris said.

When asked if he was worried about citizens getting impatient, he said no. “The investigation should be thorough and complete,” he said. “If the investigation is done too quickly, many from the press would say that it was rushed.”

In more than 13 years as the state’s attorney in Alexander County, it is the first time Jeffery Farris finds himself reviewing a death at the jail. Farris said he can’t compare it to other cases he has prosecuted. “You deal with every case on an individual basis,” he said.

An update from WPSD Channel 6...

Illinois: Inquest Coming Into Jail Death

Ernie Mitchell,
WPSD NewsChannel 6

The coroner will hold a public inquest into the death of an inmate found hanging in a Cairo Police jail cell.

Demtrius Flowers was found December 14th, with his shoelaces around his neck.

Cairo Mayor Paul Farris says Flowers died accidentally, strangling himself to get from jail to a hospital.

Illinois State Police investigated the death, releasing their report Monday to Alexander County State's Attorney Jeff Farris and Coroner David Barkett.

After meeting with Farris Monday, Barkett would not disclose details of the report.

Barkett said he will call a coroner's jury once he has the medical examiner's final report, plus FBI and Illinois Attorney General's reports.

Barkett says he will subpoena witnesses "When we get all the reports in. We want a fair an impartial coroner's jury verdict."

"I think the public will demand no less than that," he said.

One member of Flowers' family says the coroner has kept the family in the dark, a charge Barkett denies.

He says his office has updated Demetrius Flowers' mother and father on the investigation, "All here in front of a lot of people. And we explained explicitly that it was a time-consuming procedure."

Barkett expects to call the inquest later in February.

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