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March 24, 2009

Prison cell phones

U.S. District Judge Richard D. Bennett seemed incredulous after learning that a man accused of ordering the killing of a witness in a separate murder case allegedly used a contraband cell phone to -- apparently again -- silence a witness.

The suspect, Patrick Byers, was not being held in some flimsy jail cell, but at Supermax, the state's most secure prison, designed to incarcerate the worst of the worst prisoners. "I don't quite understand how an individual at Supermax has access to a cell phone," the judge said on Monday at the start of the trial when it was revealed that the witness had changed his testimony.

Byers is accused of killing Carl Lackl in 2007 in yet another witness intimidation case. Lackl was to testify against Byers in a city killing, but prosecutors allege that Byers ordered Lackl's killing from prison (two conspirators have pleaded guilty and are to testify against Lackl) and that it was carried out by a young hit man who lured Lackl out of his Rosedale home on the pretense of buying his car.

On his morning radio show this morning, Ed Norris found it unbelievable that prison systems haven't been able to stop the flood of illegal cell phones and that jamming devices aren't installed to block the signals. Contraband cell phones are a significant problem in prisons throughout the country.

I posed Norris' question to two spokesmen for the state prison system and they cited expense and privacy concerns.

"The DOC has looked into various forms of technology, but it's a tough issue," spokesman Mark Vernarelli told me by e-mail "I had a conversation with the Commissioner about it just last week. Technology is supposedly available that would do it, but aside from the interference with other legit signals, the cost would likely be sky-high."

Contraband in prisons is a constant problem, and inmates have had access to cell phones for years. In 1995, the Baltimore Sun's Greg Garland wrote a comprehensive story on prison contraband. Here's one paragraph:

Two maximum-security prisons in Jessup - the Maryland House of Correction and Annex - appear to have the most problems keeping out prohibited items. Of 121 cell phones recorded on contraband reports for the nine prisons examined, 92 were found in the Jessup facilities. The phones present a security problem because they allow inmates to arrange drug deals or to continue to direct outside criminal enterprises while serving time.

I'm a little confused by the privacy issues in that prisoners don't have expectations of privacy. Their mail is read, calls made on land-line phones are monitored and cell phones are illegal in the first place. I'll explore this more and get back to you. In the meantime, Rick Benetti, another spokesman, pointed me to a bill winding its way through Congress called the Safe Prison Communications Act.

Here's a summary from the Washington State Jail Association:

Safe Prison Communications       
Summary of the Safe Prisons Communications Act of 2009

The Director of the Federal Bureau of Prisons or a governor (depending on whether a facility is federal or state-operated) may submit a petition to the Federal Communications Commission (“FCC”) requesting to operate a wireless jamming device in a particular correctional facility.  In determining whether to grant the petition, the FCC must consider, among other things, whether the jammer would interfere with emergency or public safety communications outside the prison’s walls.

Upon notice to the prison and the FCC from a wireless provider that a jammer is interfering with wireless services outside a prison, the FCC will require the prison to cease the use of that jammer and investigate.

The FCC will test and approve devices for use by correctional facilities.  In order to avoid interference outside a prison’s walls, a device must operate at the lowest technically feasible transmission power, and be capable of directionalized operation.

Talking Points for the Safe Prisons Communications Act of 2009

The number of cell phones being smuggled into prisons is increasing.
 
Corrections departments across the country are reporting a sharp increase in cell phones being smuggled into prison facilities.  In some states, the number of cell phones confiscated has doubled over the past two years, while in others, smugglers are using brazen attempts, such as using a slingshot to propel cell phones over prison fences.

Prisoners are using these cell phones to commit crimes.
 
Victims of crimes and public officials are being threatened and harassed by prisoners with access to cell phones. Across the nation, cell phone crimes are revitalizing gang activities behind bars. Moreover, prisoners have been using cell phones to steal credit card information and engage in credit card fraud.

Although new technologies are being developed to detect and locate cell phones, ONLY cell jamming technologies stop these dangerous phone calls.
 
Making cell phones useless on prison grounds would deter further smuggling of cell phones into prisons. Prisons are being overwhelmed by hundreds of cell phones at a time, and simply locating and removing cell phones one by one is a challenge.

This legislation makes conserving wireless network integrity the highest priority. If a jammer is causing interference outside a prison’s walls, upon notice from a wireless provider the prison must immediately stop using the device and the FCC will investigate.

Posted by Peter Hermann at 10:00 AM | | Comments (5)
Categories: Confronting crime
        

Comments

I have to wonder if whatever jammers might be eventually deployed at the Supermax (and supplied by the lowest bidder) might not have unintended consequences to the surrounding area. Also BGE which has a radio tower right nearby and leases space to various parties might have something to say if the jammers interfere with their perfectly legal signals.

A better idea would be to use some of the methods the fine folks down at Ft Meade use to build facilities that don't allow any radiation to leak to anyone snooping.

It makes no sense to jam legitimate signals at the expense of safety for legitimate use both in and near these facilities. The perps would merely migrate to another solution, such as FRS radios, to communicate outside and these only cost $50 and are not monitored.

This is indeed very shocking to know that some inmate of Supermax prison had access to a cell phone. I think the state prison system need to take some serious action.

I HAVE A STORY OF INTEREST OF THINGS THAT ARE GOING ON AT EARSTERN CORRECTIONAL IN. SINCE THE CLOSING OF THE OTHER INSITUTION IN JESSUP MD MY NAME IS L.DORCHY 301-595-0663. IN THE PAST I HAVE PROVIDED STORIES TO GREG GARLAND PLEASE CALL ME

Cool article as for me. It would be great to read something more concerning this theme. The only thing it would also be great to see here is a few pics of such devices as gps jammer.

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About Peter Hermann
Peter Hermann started covering news for The Baltimore Sun in 1990, first in Anne Arundel County and, starting in 1994, reporting on the Baltimore Police Department. In 2001, he was assigned to Jerusalem as the Baltimore Sun's Middle East correspondent. He returned in 2005 as an assistant city editor overseeing crime coverage. In 2008, Peter returned to the beat as a daily reporter and blogger. A recent BBC report featured him in a segment on the harsh realities of covering crime in Baltimore.

Coverage will focus on crime trends, problems in neighborhoods in the city and elsewhere, profiles of victims and police officers and try to offer readers a fresh perspective on one of the most vexing issues facing Baltimore and its future.


Read more of Peter's reporting
Contributing to this blog is Justin Fenton, who joined the Sun in 2005 and has covered the Baltimore City Police Department and the criminal justice system since 2008. His work includes an investigation into Cal Ripken Jr.’s minor league baseball stadium deal with his hometown of Aberdeen, a three-part series chronicling a ruthless con woman, the killing of five Amish children at a schoolhouse in Nickel Mines, Pa. and a job swap with a British crime reporter to explore differences in crime-fighting.
Follow @phscoop, @justin_fenton on Twitter
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