Was Adam Howe's jail observation adequate? Critics say suicide could have been prevented

NEW BEDFORD — A man being held for his mother's murder in Ash Street Jail who died by suicide Sunday should have been under constant observation, according to an attorney with prisoner advocacy group, Prisoners' Legal Services of Massachusetts.

James Pingeon, litigation director for PLSMA, said the level of observation taken by the Bristol County Sheriff's Office at Ash Street on Adam Howe where he was visually checked every 15 minutes was inadequate given the situation.

"This is a man who clearly was in a very vulnerable position. The main problem with what they did was the 15-minute watch. He should have been on constant observation, which is the standard practice for people on mental health watch. There are different levels of supervision. Constant observation is one that is used routinely. In my opinion, it should have been done in his case."

According to a 2018 report by the New England Center for Investigative Reporting, 16 inmates had killed themselves in the jails located in North Dartmouth and New Bedford during the preceding 12 years. The jails at the time held 13 percent of the state's county inmates, but accounted for more than 25% of county jail suicides, according to the report.

According to a release issued by the Sheriff's Office, "After his arrest on murder charges Friday night, Mr. Howe was transported by Mass. State Police to Cape Cod Hospital for a psychiatric evaluation. Medical professionals at Cape Cod Hospital examined Mr. Howe and cleared him to return to custody. He was then transported by Mass. State Police to the Ash Street Jail in New Bedford on Saturday afternoon.

"Despite being cleared by Cape Cod Hospital, Ash Street Jail supervisors took the proactive step and placed Mr. Howe on a security watch in which a corrections officer would visually check on him every 15 minutes. Mr. Howe was also clothed in a nylon rip-resistant smock similar to a Ferguson Safety Smock."

The release stated that, "On Sunday afternoon, in between officer rounds, Mr. Howe clogged his airways with wet toilet paper and suffered a medical emergency. He was transported to St. Luke’s Hospital, where he was pronounced dead. Mass. State Police assigned to the Bristol County District Attorney’s Office are investigating. No cause of death has been determined yet.

"Out of respect for the family, we have no additional comment or details. That family has been through a lot this weekend; please keep them in your prayers."

Why was Adam Howe sent to Ash Street Jail?

The manner in which Adam Howe ended up in Ash Street Jail instead of the medium security Bridgewater State Hospital is also problematic, Pingeon said.

According to Cape & Islands District Attorney Michael O’Keefe's Office, police were called to a Truro home Friday night for a well-being check and on reports of a fire.

Adam Howe was outside the house and there was a fire on the front lawn that turned out to be his mother Susan Howe's remains when they arrived.

Howe ran into the home but was eventually arrested by the Cape Cod Regional SWAT Team.

According to the DA's office, Howe had difficulty breathing, and was transported to Cape Cod Hospital arriving there at approximately 12:30 a.m. Saturday.

He was shackled to a gurney after being examined and being watched by hospital personnel with eyes on him at all times, according to the DA's office.

With him in the room were Massachusetts State Police and security personnel from the hospital. The hospital wanted to have him discharged as soon as practical and efforts were made to contact a secure facility to take him, according to the DA's office.

An on-call judge was reached at about 3 a.m. "and she listened to the physician in charge of the emergency room and to the District Attorney, and issued an order under Section 12 of Chapter 123. The District Attorney then contacted Bridgewater to apprise them of the Judge’s order and the Judge’s willingness to speak with them directly.

Bridgewater refused to take Mr. Howe saying they didn’t take Section 12 commitments. They would only take someone committed under Section 18," according to the DA's office.

"The State Police then contacted jails to see who would take Mr. Howe. Section 18 of Chapter 123 provides for a House of Correction to move for a Bridgewater commitment.

The Ash Street Jail, part of the Bristol County House of Correction System, agreed to take him and he was discharged from Cape Cod Hospital and transported to the Ash Street Jail."

He was transferred with "his discharge summary from Cape Cod Hospital and a police report of the incident resulting in his mother’s death. Both of which indicated suicidal ideation," according to the DA's office. Howe was found dead in his cell at approximately 5:14 p.m. Sunday.

A Section 12 vs. a Section 18

Pingeon said it was obvious that Howe should have been sent to Bridgewater State Hospital but "it seemed like no one knew how to get him there."

Section 12 is used to commit people who would otherwise be in the community, he said.

That clearly wasn't Howe. "This guy wasn't going to be in the community given his charges. He was going to be held somewhere, whether a police station overnight or a jail or whatever. Any of those places had the power to petition under section 18."

Pingeon said section 18 applies to any place of detention, including police stations.

He added, "And Bristol County does it all the time. They send people to Bridgewater under 18."

Sheriff candidate Paul Heroux criticizes Howe's care

Asked for comment on the jail suicide, Hodgson's opponent in the current race for Bristol County Sheriff, Paul Heroux stated, "This is a tragic situation of an inmate who is clearly mentally ill who was in the custody of Sheriff Hodgson. This is another example of mismanagement. It is clear that Hodgson has failed again to keep the people in his custody safe as our jail has the worst rate of inmate suicide in the state under Hodgson.

"The principal job of the sheriff is to keep the public safe, and to keep the inmates in the sheriff's custody safe. As heinous as the accused's crime is, the job of the sheriff is to make sure that everyone is brought to justice when awaiting trial or serves a sentence when convicted of a crime.

"Despite his self-promoting rhetoric, people are not safe under Sheriff Hodgson. It is time for change. That's why I'm running."

Hodgson says criticism is purely political

Hodgson responded, "Only a professional politician like Paul Heroux would attempt to capitalize on a tragic death. It is unfortunate Mr. Heroux put politics ahead of facts. This prisoner was cleared for custody by health care professionals at Cape Cod Hospital. Additionally, the Sheriff's Office was not notified that the prisoner 1) was ordered by a judge to a secure mental health facility; and 2) was turned down admission to the secure mental health facility.

"Under my leadership, the Bristol County correctional facility has received back-to-back 100% scores on national accreditation inspections from the American Corrections Association and also holds national accreditation by the National Commission on Corrections Health Care. We strive every day to keep the public and inmates safe.  That’s why I have received every police endorsement.

"Mr. Heroux doesn’t have the qualifications or the experience to run the correctional facilities. He over inflates his resume. The people of Bristol County want a Sheriff who will put public safety first, not a professional politician who uses tragedies to score political points."

Hodgson also addressed Pingeon's comments.

“Mr. Pingeon should be ashamed of himself for these reckless accusations against the law enforcement professionals at the Bristol County Sheriff’s Office. Mr. Howe underwent a psychiatric evaluation at Cape Cod Hospital and was cleared for custody by the hospital’s health care professionals. Had Mr. Howe been brought to our jail without medical clearance by the hospital, he would have been either brought to the Crisis Center at Children and Family Services in New Bedford - a 24-hour facility for emergency mental health services with on-site and on-call psychiatrist and master’s level clinicians - or put on a mental health watch in our jail with constant observation. Mr. Pingeon should direct his reckless hindsight opinions to Cape Cod Hospital, which performed his psychiatric evaluation and cleared him."

He added, “Monday morning quarterbacking this tragedy is not only shameful, but a disgrace to a family that has been through terrible circumstances. It is grossly unfair to my staff members who followed standard operating procedures that have merited national accreditation from the American Corrections Association and the National Commission on Correctional Health Care.”

(The original story was updated to add Hodgson's response to Pingeon's comments.)

This article originally appeared on Standard-Times: Sheriff under fire after Cape murder suspect dies by suicide at jail