Local News for Thursday 1/13/05

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Inmate wasn't shackled, state says
Suspect in attack did not appear to be threat to counselor, spokesman says.
By SALLE E. RICHARDS
Star-Gazette
srichards@stargazette.com
The Elmira Correctional Facility inmate accused of attacking a female counselor Monday was not considered a risk to staff and was therefore allowed to meet with her privately and without restraints, a state prison official said Wednesday.

A correction officer was assigned to monitor the area but not to attend the counseling session, said James B. Flateau, state Department of Correctional Services.

The officer, after noticing the counselor's door was closed and the lights were out, entered the office and found Alton Hutchinson, 35, on top of the counselor, Flateau said. Hutchinson is serving 25 to 50 years for attempted murder and rape.

Hutchinson fled and was captured a short time later. He has not been criminally charged in the case, but is facing prison disciplinary charges for allegedly attacking the woman and striking an employee in the Office of Mental Health unit, where he was restrained after the incident, Flateau said.

He was interrogated by state police and state prison investigators Monday and then moved to a special housing unit at Southport Correctional Facility. If found guilty of the charges, Hutchinson will face additional years in disciplinary housing, Flateau said.

The victim, whom police have not identified, remains in the intensive care unit at Arnot Ogden Medical Center, police said Wednesday. They have not released information on her injuries or her condition.

Flateau said an inmate's treatment in prison is based on his behavior.

"His (Hutchinson) prior inmate history toward staff did not indicate a need to shackle him," Flateau said. "Many inmates do not act in prison with the conduct that led to their incarceration."

Flateau said all counseling sessions are private between staff and inmates because "obviously, routinely scheduling a third party in these sessions would dilute their value."

He added that inmates considered dangerous to staff are usually in special housing and a counselor would conduct a session from the other side of the cell door.

In other developments, Chemung County District Attorney John Trice said crime scene evidence from the prison was transported to the state police laboratory Wednesday and he expects preliminary results within a few days.

One question to be answered before a decision is made on criminal charges is whether the female counselor was assaulted before the officer entered the office.

Trice is also waiting for state police investigators to interview the counselor.

New York State Correctional Officers and Police Benevolent Association President Richard Harcrow said Wednesday the attack was a terrible event that again underscores the dangerous nature of working in a prison.

"There are too many people in the system and not enough people watching them," he said.