By Dennie Quill, ContributorIT IS a scene I won't forget in a hurry. There they were, two grim-faced women in handcuffs being led into court. This was not the usual television drama so often beamed into our living rooms. This was a live scene from a Miami, Florida courtroom captured by television cameras last week.
The arrest of the two nurses came after months of agitation for justice in the death of 17-year-old Omar Paisley. The teenager died of a ruptured appendix in the Miami-Dade Juvenile Detention Centre in June 2003. For three days he had been complaining of stomach pain, he was sweating profusely, he was vomiting and excreting on himself and as his condition worsened, the young boy was callously told 'to suck it up', meaning he should bear the pain.
In a scorching 50-page report that criticised the 'utter lack of humanity' demonstrated by the custodians at the facility, a Grand Jury hearing concluded that Omar Paisley spent his last days in agony lying on a concrete bed. Omar was arrested for cutting another teenager with a soda can. The response to his cries for help as he lay sick in the centre eventually came when he was taking his last breath. And even then an officer arrived with a wheelchair, handcuff and shackles as required by law. According to one newspaper report, they nearly handcuffed the dead child.
HEALTH CARE
One of the nurses has 25 years of experience under her belt, the other accused reportedly refused to attend to the sick child saying she had young children and she didn't want to take home Omar's germs. Ironically, Omar's mother, Cherry Williams, is one of the thousands of Jamaicans who give dedicated service to America's health care sector. She is a nurse's aide in Florida. The charges the nurses face are third degree death and aggravated manslaughter of a child. If convicted they could spend up to 30 years in state prison.
This case brings into sharp focus the manner in which persons ought to be treated when they find themselves in state care whether as a result of an arrest or through an order of the court. Both American and Jamaican laws have their roots in English common law. But in their application they seem to have taken divergent paths. In the American case the focus is on personal criminal responsibility. The great advantage of the American system is the element of deterrence because people who are guilty of dereliction of duty have to pay a personal price. They can't run for cover and hide behind the system.
The treatment of high-profile cases like those of Agana Barrett et al and Michael Gayle provide sharp contrast. In our local cases after coroner's inquest no one was found criminally responsible and innocent taxpayers ended up having to foot the bill in these civil cases. The guilty parties escaped punishment and were able to keep their jobs. In the Florida case a top administrator in the Juvenile Justice System was made to resign and the two women who were originally sent on leave are now charged and before the court.
Another interesting contrast in the Paisley case is that the proximate cause of death was via acts of omission, in other words personnel failed to get him the necessary medical assistance. Take the Michael Gayle case where death was due to an act of commission - he was beaten to death. For failing to do what they were paid to do, these two women now face the possibility of long jail sentences. In Jamaica we inflict deadly blows on someone in the state's care and no one is held accountable.
FUNDAMENTAL DIFFERENCES
One of the fundamental differences in the American example is that the Attorney-General is the protector of the people's rights. In the way the investigations were conducted one felt that justice was being done as it was the Attorney-General's office that was leading the charge and when there were attempts to pervert the course of justice (like cutting off the telephones used by inmates) loud objections were raised. The Attorney-General referred to Paisley and other detainees "as his clients". Here in Jamaica the Attorney General seems to be concerned with only the rights of the state and state agents are the ones being protected.
In addition, the Omar Paisley case has led to substantial administrative changes in the Florida Juvenile Justice System. For one thing, officers at penal institutions are allowed to make 911 calls if they feel the situation warrants it.
The penal system is rife with examples of abuse and neglect it is almost universal. However, as Cherry Williams said the action taken, "will not bring back Omar", but it will serve as a strong deterrent and may even save lives in the future.
Dennie Quill is a veteran journalist who can be reached at denniequill@hotmail.com.
