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Tuesday, Aug. 14, 2007

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Feds rest case against jailers

More officers testify about abuse, cover-up

- rfitzgerald@sunherald.com
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HATTIESBURG -- The federal government rested its case against two former Harrison County jailers Monday after witnesses with plea bargains gave further testimony against the defendants and admitted they "lost touch with humanity" in their own abuse of inmates.

As the trial of Ryan Teel and Rick Gaston entered a second week, the switch from prosecution to defense marked a sharp contrast of conflicting statements in the conspiracy case of inmate abuse. Witnesses for the prosecution, including those Monday with plea bargains, described Teel's acts in an inmate's deadly beating and claimed Gaston stood by officers who used excessive force and promised he would "make it go away."

In contrast, four witnesses who once worked with, around or under the defendants said they never saw either of them use unjustified, excessive force or help cover it up. Another appeared in court but refused to testify, invoking his Fifth Amendment right to avoid incriminating himself.

Testimony for Teel's defense resumes today at 9 a.m. before U.S. District Judge Louis Guirola Jr. When Teel's attorney rests his case, testimony begins for Gaston's defense. The trial could end this week.

In final testimony for the prosecution, former jailer Morgan Thompson echoed other testimony that Teel threatened to kill Jessie Lee Williams Jr., the inmate who died after an assault in the booking room on Feb. 4, 2006. Thompson agreed that Teel instigated the assault with a kick, depicted in videotapes played in court. But Thompson denied that Williams choked Teel in the tussle that followed, as some have claimed.

Thompson also admitted beating inmate Only Al-Khidir, whose injuries were visible in the booking picture taken for jail records.

Thompson said Gaston criticized him for leaving visible injuries and told him, "don't do anything stupid like that again."

Thompson and ex-jailer Regina Rhodes testified that Teel and others taught them the "red light, green light" philosophy, meaning an inmate's facial area was a "red light," not to be struck, and parts of the body covered by clothing were the "green light" area where marks could be left and go unnoticed.

"After you do something so long, you can't see that it's wrong," Thompson said. "I lost touch with the humanity of the people. I treated them like numbers. You kind of forget that you're dealing with human beings."

Rhodes admitted punching Williams in anger.

"What I did was inexcusable," she said. "There was no need to be hitting Mr. Williams by the time he was restrained."

Rhodes, Thompson and former jailer Elizabeth Allen described a chain of command in which booking officers worked under an officer in charge, such as Teel, and all reported to Gaston, who reported directly to the sheriff, not the warden at the time.

Allen said narratives on use-of-force weren't written unless officers expected someone to complain or the injuries required a hospital visit.

They also testified that Capt. Steve Campbell, who ran the sheriff's professional standards unit, was aware of excessive force and had advised officers who struck an inmate inappropriately to write the report stating the blow was intended for "the closest pressure point," referring to nerve groups on the body, Thompson said.

Attorney Jim Davis called jailer Justin Branning to the stand as the first witness for Teel's defense. Branning's attorney, Ben Bowden, told the judge, "I cannot make this witness testify." Guirola excused Branning on the basis of his Fifth Amendment right.

Those who did testify for Teel at first claimed they were unaware of inmates being abused while they worked in and around the jail. Trial attorney Jim Richmond reminded them they had told agents with the Mississippi Bureau of Investigation that they had heard of some incidents.

Witnesses for the defense included John Owensby, Eddie Collins, David Pavolini and James Harrier III, all current or former jail employees.

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