Apr 14, 2016 5 min read

WAYNESBURG – Three SCI-Greene corrections officers accused of running a “rent-a-center” at the state prison were ordered to stand trial on all charges during the continuation of their preliminary hearing Thursday morning.

Lawyers for the three guards accused in the contraband ring, Michael S. Berry Jr., Andrew J. Schneider and John C. Smith Jr., argued their clients might have violated state Department of Corrections policies and procedures, but did not commit crimes by trading electronics for confidential information.

“This is an administrative and employment matter, and it’s been dealt with administratively,” said attorney David Wolf, who represents Schneider. “There was a culture of this activity at SCI-Greene.”

But District Judge Glenn Bates said he found enough evidence during the final three hours of testimony Thursday – the preliminary hearing was continued from a previous date – that a crime may have been committed and the three men should proceed to trial.

“There is a lot to be explained and a lot that can be brought up at trial,” Bates said.

The men were charged Feb. 26 with selling and transferring electronics, such as televisions, radios and keyboards. Testimony during the first part of their preliminary hearing March 30 signaled the guards allowed inmates to trade or buy electronics in exchange for information to keep the state prison safe.

Berry 34, of Clarksville, is charged with criminal conspiracy to commit obstruction, unlawful use of a computer, records tampering, conspiracy to commit criminal mischief and reckless endangerment.

Schneider, 34, of Grindstone, faces charges of criminal solicitation, criminal conspiracy to commit obstruction, unlawful use of a computer, records tampering and conspiracy to commit criminal mischief.

Smith, 46, of Caldwell, Ohio, is charged with criminal conspiracy to commit obstruction, unlawful use of a computer, records tampering, conspiracy to commit criminal mischief and misappropriating government property.

All three are free on unsecured bonds, but are suspended indefinitely from their positions at SCI-Greene pending the outcome of the case. Four members of Pennsylvania State Correction Officers Association, the union that represents the state’s prison guards, attended the hearing in a show of support for the defendants.

Greene County District Attorney Marjorie Fox said their acts went above DOC policy violations because they allowed inmates to view personal information of other prisoners and even bypassed searching a bag that contained a shank.

“The violations of those policies can be a disciplinary procedure,” Fox said. “The reason these charges were filed is because they breached the safety of the occupants of the institution.”

DOC investigator Daniel Meinert testified about a wide range of evidence that indicates there were altered confiscation slips and property sheets showing some inmates should never have possessed some of the electronics. He also said hidden surveillance cameras placed in a search room at the jail between Jan. 23 and Feb. 3, 2015 showed various transactions with inmates.

Meinert claimed Berry allowed inmates to look as he went through the prison’s internal “DOCNET” server files showing personal information on prisoners.

A laundry bag filled with coffee cans and a typewriter prong fashioned into a shank was passed between inmates Feb. 3, 2015, which prompted investigators to intervene. Meinert said Berry allowed the laundry bag to be passed without checking it and therefore put occupants of the jail at risk, Meinert said. He added there were “multiple occasions” in which investigators viewed bags being passed without first being searched.

“It’s their job as search team members to seek out contraband and stop it from entering the prison,” Meinert said. “Not doing his job … put other inmates and staff members at risk.”

Berry’s defense attorney, David Russo, asked if every inmate should be searched at all times to make sure they’re not trading snacks. Bates disagreed with that hypothetical question.

“We’re not dealing with Little Debbie’s,” Bates said. “We’re dealing with weapons.”

None of the inmates seen in the videos or who received electronics were listed as confidential informants, Meinert said, although Wolf suggested some of the inmates were not listed in order to protect them from retribution.

Wolf also brought up a September 2014 meeting in which prison supervisors urged the corrections officers to stop trading contraband for information. He raised questions whether his client, Schneider, attended the discussion or if the meeting even took place.

After the preliminary hearing, Chris Blackwell, Smith’s defense attorney, claimed the trading of electronics for confidential information actually prevented prisoner assaults on officers. But when the practice was stopped in February 2015 after the undercover investigation was revealed, Blackwell claimed the lack of information flowing to prison workers allowed an inmate to stab a corrections officer nearly a dozen times last November.

“He was trying to trade garbage for confidential information,” Blackwell said of Smith’s actions. “These are employment matters that have been addressed.”

Russo said the case is not criminal and should be handled administratively.

“Each and every charge here is a policy issue,” Russo said. “All he was doing was his job as he was instructed to do.”

Wolf was disappointed by the ruling but said he thinks their prospects of an acquittal during trial are good after seeing some of the evidence against the corrections officers during the preliminary hearing.

“I think the preliminary hearing showed that we have plenty of evidence that we’ll have an affirmative defense,” he said.