BY JANE PRENDERGAST and CINDY SCHROEDER
The Cincinnati Enquirer
James Franklin
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COVINGTON -- He was severely diabetic, to the point he had lost most of his toes. He was forgetful -- he couldn't remember names -- and he had heart problems. He died in a jail isolation cell, lying naked in his own waste next to a half-eaten orange and a lunchmeat sandwich.
Of all the recent allegations of a poorly run Kenton County Jail, this one worries officials the most.
The death of James Franklin, a former state government worker, has caused a local feud to escalate into something far more serious, including a request for state intervention.
"An animal shouldn't have to live the way Mr. Franklin lived," attorney Scott Greenwood said. "Or the way Mr. Franklin died. Mr. Franklin was arrested June 13 in Covington after police said he fired a gun at Officer Kevin Brady at the Garrard Street Convalescent Center. Thirteen days later, he was found dead in his cell.
"His health plummeted once he was in the facility. He was a 68-year-old man who probably had Alzheimer's, who was known to the jail as a diabetic," Mr. Greenwood said. "He did not receive any type of appropriate care."
The jail nurse, who noticed Mr. Franklin's deteriorating condition, said she urged officials to move him to a health care facility, according to a Kenton County police report obtained Wednesday by The Cincinnati Enquirer.
It was unclear what nurse Pam Sams did to urge the move, but the report says she was very upset about the condition of his cell and complained about it. Ms. Sams could not be reached for comment Wednesday.
Mr. Greenwood, who represents Mr. Franklin's family, is behind what county officials have openly feared -- a lawsuit over how Mr. Franklin died. Though the coroner ruled Mr. Franklin's death was caused by diabetes and heart disease, the conditions in which Mr. Franklin spent his last days concern county officials. Though no lawsuit has been filed, they say they are worried about liability.
Because the jailer is elected separately, county officials have no direct supervision over Jailer Don Younger. They made their concerns public two weeks ago, announcing that they think Mr. Younger needs help running the facility. They interviewed a candidate for jail administrator and urged the jailer to hire him. Mr. Younger has refused.
Wednesday, a state corrections official called by Judge-executive Rodney "Biz" Cain met with both factions. After the meeting, Richard Stephens, construction program administrator with the Kentucky Department of Corrections, said he thought much of the dispute over jail operations could be resolved by the two sides talking.
"Let's put away the stick, and let's get out the carrot," Mr. Stephens said. "I have seen very few problems that I don't think can't be dealt with with good communications."
Mr. Stephens described Mr. Franklin's death as "just one small piece of a large puzzle" of problems in the jail. "It's a concern, but it's not an issue we're here to address."
When Mr. Franklin died, his death received only a brief mention in the newspaper, because jail officials said he died of diabetes. Details of his death are emerging now, three months later, because of the ongoing dispute over how the jail is run.
Mr. Cain said that had he known about the conditions in which Mr. Franklin was being kept, "I'd have been down there with both feet, and we'd have had war over it. That man was supposed to be checked on every 20 minutes."
A deputy who was supposed to make those regular checks on Mr. Franklin and other inmates was fired. Deputy Tonya Seale said she last checked on him between 1 and 2 a.m. -- at least four hours before he was found dead. Details of her firing were not publicly known or disclosed until Wednesday.
Mr. Younger declined to comment Wednesday, citing potential litigation. He did say, however, that potential lawsuits are a constant worry in jails.
Mr. Cain said he still wants to bring in a director of operations to help Mr. Younger. The jailer said he is willing to sit down with county officials and discuss their concerns, but he said he answers to voters.
"If, going in, their only attitude is they're going to bring someone in to do my job," Mr. Younger said, "then it's not going to work."
Mr. Younger, a Democrat elected five years ago, is running for re-election. He blames some of the jail's problems on crowding and on a reduction in staff -- from 92 full-time employees when he started to 75 now. He said the population averages from 153 percent to 162 percent of its capacity of 262 inmates.
If the jailer refuses to hire a director of operations, Mr. Cain said, his options include calling the state police to start an investigation into possible malfeasance or misfeasance by the jailer, and keeping a closer watch on the financial details of the jail operation.
Kenton County Commissioner Bernie Moorman suggested the county form a committee of people whose work involves the jail -- judges, lawyers and law enforcement personnel -- to address concerns about the operation. He proposed the panel be headed by the jailer and also include a representative from fiscal court.
"Then, if someone comes in and says something's not right with the jail, let this panel review it," Mr. Moorman said. "I share the concern the judge has (about potential liability), but we have to address it in a more inclusive, more understanding way."
"If they're worried about liability, they should be," Mr. Greenwood said. "They have a jail that is completely out of control. "This one fell through all the cracks. All of them."
