close

One SCI-Greene correctional officer convicted in contraband scandal

4 min read
1 / 2

SCI-Greene prison

2 / 2

 

WAYNESBURG – Michael S. Berry collapsed to the courtroom floor Friday night after he was convicted in a “rent-a-center” contraband scandal at the state prison near Waynesburg, while two other SCI-Greene correctional officers also charged in the case were acquitted.

Berry, 35, of Clarksville, was checked by medics upon passing out moments after the Greene County jury of nine women and three men delivered the verdict after deliberating for six hours.

He was convicted on two counts of unlawful use of a computer and one charge of reckless endangerment, while found not guilty of criminal conspiracy and records tampering.

His co-defendants, John C. Smith Jr., 46, of Caldwell, Ohio, and Andrew Schneider Jr., 35, of Grindstone, were acquitted on all charges.

“I credit the jury for taking its time to carefully deliberate and I respect their verdict and I believe it’s a fair verdict,” Assistant District Attorney Patrick Fitch said.

The three correctional officers were charged in February of last year with trading televisions and other contraband in exchange for confidential information. Investigators set up undercover surveillance cameras over 10 days in January and February 2015 showing some of the handoffs.

During closing statements, Fitch claimed the officers committed a crime because they violated policies and procedures, “jeopardizing the safety” of everyone at the prison. He added the trading of contraband could make the correctional officers and inmates subject to blackmail.

“You can’t minimize that,” Fitch said.

However, he saved his most impassioned closing statements for Berry, who he said chummed around with inmates and fist bumped one as they passed items in laundry bags, including the one that contained a 6-inch shank. Fitch said he was troubled by the number of television and other undocumented electronics funneled through the strip room and into the population.

“It looked like Santa’s workshop in that video,” Fitch said.

Defense attorney Christopher Blackwell, who represented Smith, said his client tried to help investigators as they focused on Berry. But his involvement to gain information from inmates about Berry prompted investigators to charge him instead as he traded one television to an inmate for information.

“They tried to shoehorn this activity that goes on in the jail into criminal activity,” Blackwell said during his closing remarks.

Smith was acquitted of unauthorized use of a computer, records tampering and misallocation of trusted property.

“These charges should have never been filed against him in the first place,” Blackwell said Friday night. “These were all in-house issues.”

David Wolf, the defense attorney for Schneider, said there was no proof his client received any compensation from the inmates. Instead, Wolf argued, Schneider’s work confiscated two shanks from the inmate circulation, and he even received a letter of recognition from the prison’s superintendent after he helped break up a fight in November 2015, about nine months after the investigation began.

“He’s still dedicated to the care, custody and control of the facility,” Wolf said during his closing.

Schneider was acquitted of unauthorized use of a computer, records tampering and criminal conspiracy.

“I think he was vindicated,” Wolf said after the verdict. “Everything he did was authorization of his supervisors.”

Smith, who received only a written reprimand from the Department of Corrections, and Schneider, who as given a one-day suspension, will now be compensated for back pay for the time they were suspended after the charges were filed.

Earlier in the day, Robert Storm, the vice president of the Pennsylvania State Corrections Officers Association, said it’s typical for inmates to receive special privileges or rewards, such as televisions, radios and food, for their cooperation with undercover investigations. He said it’s acceptable for correctional officers to violate policies for safety purposes.

“We use it as a tool to gather information,” Storm said. “It helps keep our jails safe.”

Berry’s defender, David Russo, tried to tie his client’s role into that concept, although the jury disagreed, saying Berry used computer to look up sensitive inmate data while other prisoners were watching.

“They’re asking you to take these policy violations and make them a crime,” Russo said during his closing. “The only benefit you’ve seen is the safety of the institution.”

Berry will remain free on unsecured bond while awaiting sentencing at a later date.

CUSTOMER LOGIN

If you have an account and are registered for online access, sign in with your email address and password below.

NEW CUSTOMERS/UNREGISTERED ACCOUNTS

Never been a subscriber and want to subscribe, click the Subscribe button below.

Starting at $3.75/week.

Subscribe Today