‘No criminal intent here’
WAYNESBURG – The lawyers of three SCI-Greene correctional officers accused of running a “rent-a-center” at the state prison near Waynesburg argued Tuesday during the first day of their jury trial that the intent of their clients’ actions was safety, not criminality.
“There’s no criminal intent here – everything my client did was for the betterment of his fellow officers and the inmates,” said Christopher Blackwell, attorney for one of the correctional officers, John C. Smith Jr.
Smith, along with Michael S. Berry Jr. and Andrew J. Schneider, were charged Feb. 26 with selling and transferring electronics, such as televisions, radios and keyboards. The defense argued the guards allowed inmates to trade or buy electronics in exchange for information about dangerous contraband like drugs or weapons.
“It’s been going on since the jail opened, and it’s been going on for good reason: It keeps people safe,” Blackwell said.
Berry 35, 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, 35, 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.
Assistant District Attorney Patrick Fitch’s first witness was the prison superintendent Robert Gilmore, who talked mostly about the prison’s policies on the transfer of inmate property, contraband and the use of computer databases where inmate information is stored.
“Inmate property is closely monitored,” Gilmore testified in court.
He said property inmates possess that hasn’t been properly authorized or is against policy is considered contraband, including the electronics and items involved in this case.
“(Contraband) is a detriment to the security of our institution,” he said. “It can have deadly consequences if left unchecked.”
Gilmore said inmates are not allowed to loan to or borrow from other inmates, and correctional officers are not allowed to transfer property to other inmates. He said property that’s left behind by an inmate goes into bins labeled “hot trash” and becomes property of the jail and “should be destroyed.”
During the cross-examination, the defense attorneys asked Gilmore if he was aware of the “culture” at SCI-Greene and if he had ever witnessed inmates trading property or guards providing inmates with unauthorized property. Gilmore denied he was aware of anything going on at the prison that violated policy.
Fitch later called Lt. Stephen Silbaugh, who had worked as a supervisor to the three officers and was involved in the investigation of their activity. He said that while Schneider and Smith seemed to have appropriate dealings with inmates, Berry’s interactions with prisoners concerned him. He said Berry typically interacted with inmates that were “of a suspicious nature.”
Silbaugh said all inmate property has to be approved and an inmate identification number is etched onto it. He said that allowing prisoners to trade that property could lead to violence because “the stronger inmates could then victimize the weaker ones in order to gain their property,” and the guards then wouldn’t know if the trade was made by force or voluntary.
The trial before Greene County Judge Lou Dayich will continue Wednesday morning and is expected last the remainder of the week. All three defendants are free on unsecured bonds, but are suspended indefinitely from their positions at SCI-Greene pending the outcome of the case.