BY CINDY SCHROEDER and JANE PRENDERGAST
The Cincinnati Enquirer
The lawyer who filed a $50 million lawsuit over a diabetic prisoner found dead in a Kenton County isolation cell wants to reopen an investigation into his death.
Attorney Scott Greenwood said Wednesday that a representative of the Kentucky attorney general's office has agreed to urge Kenton Commonwealth's Attorney Don Buring to reopen an investigation into the death of James Franklin.
"I do know that the lawyer representing the family of James Franklin apparently did call, and what we did was we referred the family back to Commonwealth Attorney Don Buring," said Jennifer Schaaf, director of communications for the Kentucky attorney general's office. "Beyond that, I know nothing else."
As the Kenton Commonwealth's attorney, Mr. Buring has jurisdiction over the case. At the recommendation of County Attorney Garry Edmondson, Mr. Buring reviewed the findings of the police investigation, and concluded there was no criminal wrongdoing.
On June 26, a Kenton County deputy jailer found Mr. Franklin, a 68-year-old former government worker, dead in his isolation cell, lying naked in his own waste.
The lawsuit alleges that deputies would wait hours before bringing Mr. Franklin fresh clothes and even expected fellow inmates to clean up after the disoriented man soiled himself.
Mr. Greenwood, a Cincinnati civil rights attorney, said that the attorney general cannot demand that Mr. Buring take action, but that he thinks a state request will make it happen.
Mr. Buring could not be reached for comment Wednesday.
In July, Kenton County Jailer Don Younger fired Deputy Tonya Seale, after she admitted she failed to check on Mr. Franklin in his isolation cell every 20 minutes, as required.
Mr. Younger said he took actions against four other deputies in mid-September, after receiving a copy of the Kenton County Police investigation of Mr. Franklin's death:
Deputy George Poe was demoted for falsely stating in a written report that Ms. Seale had accompanied him, as he made rounds in the isolation area in the hours before Mr. Franklin died. Jail policy forbade Mr. Poe from making rounds alone in the isolation area, because female inmates were present.
Deputy Terry Placke was reprimanded for making a round in the isolation area without a female deputy accompanying him.
Deputy David Randall was reprimanded for making an inappropriate comment about Mr. Franklin the day before he died. Mr. Randall allegedly said, "The man should be taken out of here or shot."
Deputy Robert McNay also was reprimanded for making a round in the isolation area without a female deputy accompanying him. Mr. Greenwood said he was glad to learn that Mr. Younger had taken disciplinary action. against other employees who were responsible for Mr. Franklin's care.
"But the fact remains," he said, "that the jail is engaged in an attempt to cover its own misdeeds in looking in on this very sick man."
