LIFE AND TIMES OF A CORRECTIONAL OFFICER
By R. Mark Shepard

(Chapter 20)

A couple of months passed and we heard nothing about the outcome of the decision that the grand jury had made. Then Sgt. Tom and I were called in to the Federal Prosecutors office for a meeting, that's it, nothing else was said. The next day we had gone to the office, and everyone that we had been talking to for months was there, with a kind of somber look on their faces. The Lead prosecutor told us that what they were about to say, wasn't easy, and that they absolutely did everything in their power to prevent it. Waiting on more, we said OK and get to the point. The investigator said that someone from the Head of the Department of Corrections had gone to Washington and they were sending another Federal Prosecutor down to assist with the case, because the only legitimate statements that they had for the prosecution were that of Sgt. Tom and myself. This apparently did not sit well with someone at the Head office, whom ever that be, and it wasn't enough to prosecute and convict the people that they really wanted to pay for the crime, so. The Investigators said that everyone, including Sgt. Tom and myself were being charged.

WE could not believe this, we worked hard with these officials, telling the truth to them and a grand jury, being promised that we were on the, GOOD LIST, and now we were facing up to 10 years, in Federal Prison, for TELLING THE TRUTH. Well....needless to say, our stomachs turned inside out, and in knots with disbelief.

How could we have been betrayed, after coming clean, never Having been in trouble at work, never an oral reprimand or written reprimands of any kind, always doing our job effectively trying to be that firm but fair officer, receiving outstanding performance appraisals, and being a good citizen outside of our job.

The investigators apologized and apologized, they said that there was nothing that they could do to help us, that this came from the highest level of office in the government, and that when the trial was over, and if we had to go to prison, that they would TRY to make sure that we would not go to a prison with your everyday murders, rapist and killers. But we would ALMOST be sure to be sent to a prison that housed just, Convicted Cops. Sgt. Tom and I just said, "Gee thanks". How else were we suppose to feel. We told the truth about not only what injustices other people had done, but also confessed to the injustices that we had done.

Do you see any Bargaining power here?, if we wanted to, NO. The investigators also told us that we would be getting a courtesy call at home when we were to be arrested, so that we could just turn ourselves in Voluntarily, instead of being handcuffed, and stuffed into a patrol car. Again we said, "gee thanks".

The Disbelief from what had just happened was unreal. We HAD done the right thing, by telling the truth, and having a clear conscious about it.

The evening before we were told to report to the courthouse and turn ourselves in, we had no idea what was in-store for us.

When we were officially arrested, we were put in the same cell as the other officers that were arrested. During the process of the initial booking procedure, the investigators came in and told Sgt. Tom and myself that we would be going home as soon as all of us had seen the judge, but he didn't know about the others. We were told that we would be put on a $50,000 Signature Bond and set free. So as we went before the judge, we quickly learned that the Signature Bond was, Again, no special treatment. The Judge gave all of he officers that special $50,000 Signature Bond.

Sgt. Tom and I filled out the necessary paperwork to prove that we could not afford an attorney, and was appointed an attorney on the spot. The only thing is that they didn't tell us where the attorney's office was located, or what City. I can say that I was lucky, my attorney was only about an hour ride away. But Sgt. Tom's attorney was at least a 3 hr. ride away from home. And as all appointed attorney's are, you are at their mercy. So the contact to the lawyers was limited but the advice was there. Maybe if we had the Big Bucks to pay them they might have been a little more receptive, but they did their best. Now it is the Taxpayers turn to shell out the coin, after all, we were just about to that inmate stage in life for telling the truth.

When the Trial started, I was the First one on the Stand. I'm not sure why, but I had to lead off the accounting of the first day that the inmate arrived at our prison. That's all I could testify to, because that's all of the contact I had with the inmate.

It's enough being nervous facing 1 defense attorney, but we had 3 tables full, and their clients of those fancy Suits that you have to listen to and answer their questions. I don't wish that on anyone. Sgt. Tom was the next one on the stand, and his Testimony was just as lengthy as mine was. We both were surely glad when our time was up.

After testifying, you always go back in your mind and find the small things that you said wrong, or that question that you answered wrong. It's always that one word that changes the whole context of your testimony.

Now the only thing we had to do was to wait to see what outcome of the trial was, and to see what kind of sentence we would receive. The outcome of the trial could have effected our sentencing. In Short, the testimony of the other officers who were there in the CSU unit the night the inmate was strapped down on the bed, was nothing less than shocking. 

Other Testimonies against the accused were of the accused hitting the inmate repeatedly on his chest, and his face, pulling hairs from his eye brows 1 by 1, kicking him in the Genitals numerous times, and hitting his open wounds several times. The reporters in the courtroom also stated that the accused had punched the inmate in the throat several times and jerked his head back so far that his head could not be lifted up on his own. 

But when all was done, the cause of death was still reported to be that his blood loss was too great to sustain any normal functions. Believe what you may!.

The whole trial lasted about a week and it took the jury only a couple of hours for their Verdict. Needless to say, the jury said that the Prosecutors did not make their case with enough substantial evidence, and all of the accused were found - Not Guilty!.

This of course did not make any difference to Sgt. Tom or myself, because we were still facing Federal time. We still had a clear conscious about telling the truth, and Yes, our dignity was still intact and all of the rest who lied have to live with it the rest of their lives for what they have done, and when they die, they will be Judged. 

There is one thing that still puzzled me and Sgt. Tom, that is the officers that were in the cell at the CSU unit who testified against the accused, and were involved in the last so called beating, were not charged, and did not have to testify before the grand jury. And they also lied at the first meeting of the Investigation. What power to have against the Federal Government.

Our fate was not known until 4 months later. When we went before the judge for our sentencing, our pre-sentence report showed that we had never been in trouble, and were until now, upstanding citizens of the community, and with our employer.

To make a long story short we received 3 years probation,100 hours of community service and apologized to the family of the inmate and our family's, for putting them through so much anguish and Stress. 

Our attorney's thanked us for pleading out, and making their job so much easier, and I am sure they thanked the federal government and the Taxpayers for all of the Government money for doing Something. 

NO, just kidding, they did help, they were there, and they meant well.

CONTACT MARK SHEPARD
markshepard2003@yahoo.com

(Chapter 21)