Case 3:20-cv-00712-SB Document 16-1 Filed 06/30/20 Page 1 of 7 Lisa Hay, OSB #980628 Federal Public Defender 101 S.W. Main Street, Suite 1700 Portland, Oregon 97204 Tel: (503) 326-2123 Fax: (503) 326-5524 lisa_hay@fd.org Attorney for Petitioner IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF OREGON JOHN PHILIP STIRLING, Case No. 3:20-cv-00712-SB Petitioner, v. DECLARATION OF COURTNEY WITHYCOMBE, FEDERAL PUBLIC DEFENDER INVESTIGATOR JOSIAS SALAZAR, Warden, FCI Sheridan Defendant-Respondent. I, Courtney Withycombe, declare: 1. I am employed by the Federal Public Defender for the District of Oregon as an investigator and have had this position since 2019. Prior to that, I have been engaged in criminal defense investigation since 2005. My current work involves conducting investigation activities in a range of criminal defense cases, including habeas corpus and compassionate release matters. 2. This declaration is based on publicly available information from the Bureau of Prisons, as well as on information reported to our offices from inmates, family members of inmates, and attorneys who represent inmates. The declaration is also based on my review of documents from our representation of John Stirling in United States v. Stirling, No. 3:19-cr-00150-MO (D. Or.). PAGE 1. DECLARATION OF COURTNEY WITHYCOMBE, FPD INVESTIGATOR Case 3:20-cv-00712-SB Document 16-1 Filed 06/30/20 Page 2 of 7 3. It is difficult to obtain accurate information about the conditions at FCI Sheridan for a number of reasons, including lack of confidence in officially reported data; frequently changing conditions; inadequate ability to assess whether one inmate’s experience reflects the broader experience of others; and misinformation or rumors provided to or believed by inmates. For this reason, except where noted, my declaration reports statements received but not verified. Facts Verified About John Stirling 1. John Stirling is 66 years old. He suffers from advanced type II diabetes and requires two daily injections of medication. His medical records include an earlier diagnosis of tuberculosis and an x-ray notes potential lung scarring or damage. 2. John Stirling is a Canadian citizen. 3. Mr. Stirling was sentenced to 40 months of custody on May 21, 2020. He has not yet been designated to a facility for service of his sentence and remains with pretrial detainees at the Sheridan FDC. His estimated release date is February 10, 2022. Current Conditions Reported For Clients At FCI Sheridan 1. Limited Access To Legal Help And Violation of Attorney/Client Privilege  An attorney heard from his client that attorney-client privileged mail had already been opened when delivered to the client, despite the prominent label of "Special mail - open only in the presence of the inmate” and "Attorney-client communication” on the envelope.  An inmate wrote that he planned begin applying for compassionate release and would attempt to have copies made, “though the current counselor and case manager here for Unit 4A at Sheridan are not very accommodating at all. And to make matters even more challenging we are currently confined to our cells 22.5 hours per day and even then only Monday - Friday.”  Clients report they have no access to the law library. PAGE 2. DECLARATION OF COURTNEY WITHYCOMBE, FPD INVESTIGATOR Case 3:20-cv-00712-SB Document 16-1 Filed 06/30/20 Page 3 of 7  A client told an investigator that he was calling from a recoded line because the line for the attorney phone was so long, and he only had about 20 minutes left before having to go back to his cell. He explained that there are hardly any inmates in the day room because everyone is waiting for the phone. He also said that the inmates were not let out of their cells at all this weekend, and that things “are getting more strange” at the FDC. Another inmate similarly reported on Monday April 20: “locked down since friday and just got out . phone line is 30 people long so I don't think I will get that . thats 5 hours out in 16 days.”  One inmate who hoped to file for compassionate release explained “There is no counselor that is available. I have been here almost three weeks and I have only seen them once. I have sent Kytes and they are not being answered.” 1. Extremely Reduced Access to Family Members and Support  An inmate described the lack of communication with family: “This place is so mixed up we are now on lockdown all weekend no coming out no talking to family I’m supposed to be workin right now no gloves no mask as they wear theirs everyday it changes we watch the camp walk around and the officers go from fci to camp to here in groups like they are visiting through a lab ......”  All personal visits are cancelled and the telephone lines are long. “They don’t clean the phones after we talk. I have to choose to call my family or my attorney.” 2. Poor Hygiene and Harm to Physical and Mental Health • A client reported to an investigator that there was no toilet paper at all and he was “having to use dirty laundry” for toilet paper. Clean laundry was no longer provided. Inmates had access to showers only once every three days a week. • An inmate in J1 reported that they hadn’t had soap since they were given one bar at the beginning of the pandemic. No toilet paper had been passed out in a month. • Inmates during lockdown received poor quality food. One client's food was "still raw." Others reported receiving baloney sandwiches daily. • At the FDC, they also "removed commissary," meaning no food could be purchased. • One inmate reported that there were inmates being housed in triple bunk cells on his unit. He thought there had been 2 or 3 cells on his unit that were triple-bunked, which he believed were for inmates who were being quarantined in preparation for a release or some other move. In a triple-bunked cell, one inmate has to sleep on the floor. PAGE 3. DECLARATION OF COURTNEY WITHYCOMBE, FPD INVESTIGATOR Case 3:20-cv-00712-SB Document 16-1 Filed 06/30/20 Page 4 of 7 • Other inmates reported that although guard had started wearing masks, they were not wearing gloves and were “touching rolls with hands.” Because the cells are all in lock down, inmates eat in their cells. Guards are being checked when they come in but the inmates “know someone can have virus and not show signs.” • An inmate reported that during the lockdown, a quarter of a unit was being let out at time. Since the whole unit is about 125 people, this means inmates are locked in cells for 23 hours per day. This inmate got out for15 minutes each for breakfast and lunch yesterday. • “I have been locked up since fri and 0900 . They have not taken out the garbage from our rooms since 2 days ago and it stinks.” • “My medical needs are being ignored and my asthma is acting up.” • An inmate reported in May that conditions were frightening: This morning an inmate who lives 10 feet from me in the next cube in the same overcrowded wing was taken out to the hospital for shortness of breath and coughing and we were told simply "don't touch his stuff if you want to live" by one of the correctional officers. A number of other inmates are getting cold symptoms the last couple of days. Everybody is afraid to report their symptoms because they do not want to be put into isolation with no access to contact their families at all, when they think they only have a cold. This is scary. I know that if I am exposed, I will very likely not survive or will have permanent damage. The quarantine area here is a joke does not provide protection at all, as the same staff walk through the quarantine area just as regularly as they walk through the non-quarantine areas. • An inmate reports they are only getting out of their cell for about 3 hours per week total; • BOP staff reportedly is telling inmates the lockdown restrictions are because of the "riots" -- meaning the protests and demonstrations in the community. • “On Tuesday, [an inmate] was taken to the hospital on Tuesday – hasn’t returned. Another person from same tier (name unknown) – was taken away yesterday – [client] doesn’t know where to, and hasn’t returned.” • An inmate reported on the lack of information: “As far as I know no inmate has been tested here. What has happened here they have shut down the R-Dap program and transferred everyone from one building to the other trying to group together everyone that works on a crew to be together. Other than that, I have no idea what is going on.” PAGE 4. DECLARATION OF COURTNEY WITHYCOMBE, FPD INVESTIGATOR Case 3:20-cv-00712-SB Document 16-1 Filed 06/30/20 Page 5 of 7 • “They have set up a warehouse with 100 cots; I do not know what they are expecting but something.” • “Today they finally put up a bulletin on the computer about precautions to take, so the only thing in here was the handout you sent that I put up. We now have quarantined inmates in here, some came from county. The air from their cells flows directly into our dayroom , The trays they eat off go right back to the kitchen so if they are infected the kitchen workers would all be in jeopardy of possible infections. The unit officer today without gloves took their commissary sheets and mixed them with ours after handling them touched doors and rails , Also without cleaning the equipment for yard they are sending out inmates to touch and handle the same recreation equipment as J1 we as inmates at this facility are very nervous about the lack of action taken so far , as we can only sit and watch the numbers climb we know it’s just a matter of time before their lack respect for procedures and our lives gets us all sick if not dead . I just wanted this documented as you asked me to keep you all updated on what is and aint goin on in Sheridan FDC.” • A client reported that new inmates were being brought on the unit, but they were not really in "quarantine" as much as a "medical isolation." The use of the word quarantine was making some inmates “freak out.” The client said he was aware of two inmates reporting that they were not feeling well, which results in staff “rushing in” to isolate them. • An inmate reported on self-harm actions in April, two weeks after the lockdown: “4 days ago a guy a few doors done slashed himself. All the guards came in but wearing no mask and doing nothing the med guy bandaged him up. He slashed because he could not stand being locked up this long. They let him out for the since that day about 3 to 4 hours a day while the rest of us are locked up. Everyone looking out their window see's this and realizes you only need to cut yourself to get out of your cell. Sure enough yesterday a much worse thing happen and a man across from us slit his throat very bad . Blood was spurting like a fountain out of his throat. The untrained guard yelled at his door ‘Put pressure on it’ Then ran away somewhere never attempting to enter his cell to stop the bleeding at all. 20 guards and such came in including captain ,assistant warden, an evidence gather team . camera's , on and on. Not one of them wearing mask and most not gloves now contaminating the whole unit.” • The spouse of an inmate wrote on May 27, 2020, to describe the harmful effects of misinformation and lack of medical care at Sheridan: Thank you for the interest you have shown in helping the inmates in Sheridan, including my husband. I want you to know what is happening there. I am truly bothered by my husband’s stories of how those who are already in quarantine at the PAGE 5. DECLARATION OF COURTNEY WITHYCOMBE, FPD INVESTIGATOR Case 3:20-cv-00712-SB Document 16-1 Filed 06/30/20 Page 6 of 7 Sheridan Camp are being sent back to the general population after spending almost a month or so inside. Another wife has shared with me that her husband was already in quarantine for twelve days, but was sent back for no apparent reason. Yesterday, May 26, he shared that two other men were kicked out of quarantine. Most of them were sent out because they found out they had no underlying conditions, one was sent back because the Probation Officer could no longer entertain another inmate. Another man was in quarantine for 30 days, but was sent back because they neglected to file his papers. I am not too sure what are the other reasons for these men being sent back to general population. It demoralizes the inmates who are all hoping to finally be reunited with their families. Many of them including my husband was called to sign documents for release. I also sent the documents of the designated visitor who will be picking him up, I waited for his Probation Officer to come and inspect our home, and my husband was able to finish all his Release Preparation Program (RPP) classes. But until this day, they have not been called to provide a release date or any update of some sort. My husband had the courage to approach his Case Manager to ask for an update, but he was told that he was not even on the list in the first place; it did not make sense. This discouraged him to keep moving forward. I, on the other hand, will continue fighting for my husband and for those who are significantly affected by how things are run in the camp. There are eight wings, two wings were cleared for quarantine, but my husband and a couple of wives I’ve kept contact with shared that some are being sent to the jail for quarantine. As for food, they receive small portions which is often uncooked or undercook. They often run out of soaps, they are given a flimsy mask to use for a week. Staff and Case Managers are also unapproachable; when approached, they often give a sarcastic answer to your questions. I am also aware that they are not medically equipped to treat inmates. My husband was experiencing chest pain and the medical staff was not too helpful until he pushed that he was not feeling too well. Then only then the medical staff listened to his heart beat and found out that he needed an EKG. It took them almost a month to administer an EKG that took less than 20 seconds and we are still not aware of the results. Another wife shared with me that her husband fell ill while incarcerated. He could barely walk or use his hands. He woke up having a seizure. Instead of assisting him, they accused him for using drugs; they did not even administer a drug test to prove that he has used a substance. Knowing that our inmates are not taken cared of worries me even more when COVID-19 hits their facility. I felt uncomfortable writing and sharing with you about Sheridan Camp thinking that they might retaliate against my husband, but if no one speaks out for them, no help will be given. I hope and pray that change happens in Sheridan Camp; these men deserve to be treated better. PAGE 6. DECLARATION OF COURTNEY WITHYCOMBE, FPD INVESTIGATOR Case 3:20-cv-00712-SB Document 16-1 Filed 06/30/20 Page 7 of 7 I declare under penalty of perjury under the laws of the United States of America that the foregoing is true and correct; that the statements set forth above are based on my own knowledge, except where otherwise indicated, and I believe those statements to be true; and that this declaration was executed on June 30, 2020, in Portland, Oregon. s/ Courtney Withycombe Courtney Withycombe Federal Public Defender Investigator PAGE 7. DECLARATION OF COURTNEY WITHYCOMBE, FPD INVESTIGATOR