Case 1:21-cr-00118-RCL Document 40 Filed 03/04/21 Page 1 of 4
UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLUMBIA ______) UNITED STATES OF AMERICA ) ) v. ) Case No. 1:21-cr-118 (RCL) ) LISA MARIE EISENHART ) ______)
DEFENDANT’S MOTION FOR RELIEF FROM CONFINEMENT CONDITIONS OR FOR TRANSFER TO A MORE SUITABLE JAIL FACILITY
NOW COMES Defendant Lisa Marie Eisenhart, through undersigned appointed counsel, and moves this Court to review her conditions of confinement, and to take actions as appropriate.
At the end of Ms. Eisenhart’s arraignment and detention hearing, undersigned counsel noted that Ms. Eisenhart was being housed at the D.C. Jail’s CTF Annex, in “unusual segregated conditions at CTF.” Feb. 17, 2021 Tr. at 63. Counsel asked for copy of the Order that apparently was limiting her movements and even required shackling anytime she was outside her cell. This Court assured counsel that “there’s no Order from the Court,” and then stated further:
So if there’s any order, you need to talk to Eric Glover first, who’s the General Counsel of the D.C. Jail. And if it can’t be worked out, I will give you a hearing after you talk to Eric Glover. As I did with Chansley, I’ll give you a hearing here in court and we’ll see what happens. But I don’t know what – all I can do is see if you can work it out with Mr. Glover first before I hear you. And I’m willing to hear you then.
Id. In light of recent events, Ms. Eisenhart asks that this Motion be heard during the upcoming
Status Conference that has been scheduled to take place in this Court on March 10, 2021.
Following this Court’s suggestion, undersigned counsel did reach out to Mr. Glover, via email.1 Undersigned counsel began by first describing Ms. Eisenhart’s situation, and noted his
1 The full string of emails described below is attached hereto as Exhibit A. 1
Case 1:21-cr-00118-RCL Document 40 Filed 03/04/21 Page 2 of 4
understanding that others at D.C. Jail with more serious charges and backgrounds were not facing comparable restrictions. For example, counsel noted that Ms. Eisenhart’s own co- defendant, and son, appeared to already be placed into the general population at D.C. Jail, while
Ms. Eisenhart remained under harsh restrictions requiring her shackling whenever she was allowed to step outside her cell, which also only occurred during five hours per week.
Mr. Glover responded promptly, and as follows:
[P]lease be advised that due to the medical stay in place at DOC, all residents are confined to their cell’s for 23 hours per day. Also, your client has a “maximum” security designation and as such, she is shackled during her movements throughout DOC’s facilities.
See Exhibit A. Undersigned counsel then responded:
Thank you for your prompt response. Can you please advise how (on what basis) she received this “maximin” security classification, who decided that, and whether she or I can review any documents related to that? Also, can you advise what legal avenues she might have available within DOC to challenge that classification?
See Exhibit A. Mr. Glover then responded again:
DOC’s residents[’] security classification is determined by the agency’s Case Management staff. Also, the Case Management staff conduct periodic reviews to determine if a resident’s classification is to be changed. Per the DC Code, DOC is responsible is for the safekeeping, care, protection, and classification of its residents. If your client would like to discuss her classification, she should speak with her Case Manager.
See Exhibit A.
Following up on this suggestion, Ms. Eisenhart then did speak with her Case Manager – and as of yesterday, the defense believed this matter had been resolved. Ms. Eisenhart was told she had been cleared for placement in CTF’s general population, and after signing forms acknowledging and agreeing to accept the risks arising from placement in a general population setting, Ms. Eisenhart was moved to CTF’s general population around 5:00 p.m. yesterday.
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Today around 2:00 p.m., however, Ms. Eisenhart was, without warning, unexpectedly removed from the general population. She apparently was told this was being done “for your safety” – even though, as noted, she had previously signed a release on such concerns. She also was told that this new designation would continue “indefinitely.” She was not given a copy of this new order, despite her request. And while Ms. Eisenhart can and will speak further to her
Case Manager, she apparently has also been told that an order of this type (a so-called protective custody order) may not even be challengeable through the D.C. Jail’s grievance process.
Ms. Eisenhart’s return to her previous severe conditions appears to be an unwarranted restriction on her liberties – one even her co-defendant does not face. During her short period of placement in the general population, Ms. Eisenhart saw a vast difference. She had an ability to exercise on a treadmill that is present in the general population area, instead of being given just 5 hours per week (less than one hour per day) that she had to spend alone after simply being moved to a slightly larger cell to “exercise.” In the general population, she could shower whenever she wanted. She could wash clothes whenever she wanted. She could heat up food that had gotten cold. She could visit a library with far more books, and begin legal research. She got her first good night’s sleep since arriving, as the cells in the general population area are far warmer than her previous cell (where the temperature appears to be about 55 degrees Fahrenheit). And perhaps most importantly, she was able for the first time in weeks to interact and talk with other human beings who were not assigned to monitor her movements and activities as prison guards.
All of that has again ended. Accordingly, this motion is now filed. Further attempts will continue to be made to resolve this situation, but a hearing is now requested. Mr. Eisenhart appears to have been removed from the less restrictive conditions of general population through no fault of her own, and despite signing a waiver accepting the risks of being there. If the D.C.
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Jail is unable to safely house Ms. Eisenhart from the risks posed by others without placing her in the exceedingly restrictive conditions she has now been returned to (which appear little different than solitary confinement), this Court should consider transferring her to another facility that can do so. Ms. Eisenhart previously spent several weeks at a Kentucky detention center before being transferred to this District, apparently in that facility’s general population, without incident. If not CTF, surely another jail nearby can accommodate her situation and allow her to live within the general population – just as her son does now. A continuation of her current conditions is unacceptable, and this Court should thus hear this Motion at its upcoming Status Conference.
Dated March 4, 2021 Respectfully submitted,
___/s/_Gregory S. Smith______Gregory S. Smith (D.C. Bar #472802) Law Offices of Gregory S. Smith 913 East Capitol Street, S.E. Washington, D.C. 20003 Telephone: (202) 460-3381 Facsimile: (202) 330-5229 Email: [email protected]
CERTIFICATE OF SERVICE
I hereby certify that a copy of the foregoing is automatically being served upon all counsel of record, via the Electronic Case Filing system. I also am emailing a copy of this motion to D.C. Department of Corrections General Counsel Eric Glover, at [email protected].
This 4th day of March, 2021.
___/s/_Gregory S. Smith______Gregory S. Smith
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Case 1:21-cr-00118-RCL Document 40-1 Filed 03/04/21 Page 1 of 4 [email protected]
From: Glover, Eric (DOC)
Mr. Smith
DOC's residents security classification is determined by the ngency's Case Management staff. Also, the Case Management staff conduct periodic reviews to determine if a resident's classification is to be changed. Per the DC Code, DOC is responsible is for the safekeeping, care, protection, and classification of its residents. If your client would like to discuss her classification, she should speak with her Case Manager.
Regards,
Eric S. Glover General Counsel District of Columbia Deparment of Corrections 2000 14th Street, N.W. Seventh Floor Washington, D.C. 20009 Phone: (202) 671-0088 Office Cell: (202) 286-8736 Fax: (202) 671-2514
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From: Gregory Smith [mailto:[email protected]] Sent: Thursday, February 25, 20211:01 PM To: Glover, Eric (DOC)
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Mr. Glover: Case 1:21-cr-00118-RCL Document 40-1 Filed 03/04/21 Page 2 of 4
Thank you for your prompt response. Can you please advise how (on what basis) she received this ''maximin" security classification, who decided that, and whether she or I can review any documents related to that? Also, can you advise what legal avenues she might have available within DOC to challenge that classification?
I would greatly appreciate this information.
Thank you -
Greg Smith
Sent from my iphone
On Feb 25, 2021, at 12:17 PM, Glover, Eric (DOC)
Cousel:
h response to your email below and per my previous email to you, please be advised that due to the medical stay in place at DOC, all residents are confined to their cell's for 23 hours per day. Also, your client has a `inaximum" security designation and as such, she is shackled during her movements throughout DOC's facilities. If you have any additional questions or concerns, please do not hesitate to contact me.
Regards,
Eric S. Glover General Counsel District of Columbia Department of Conections 2000 14th Street, N.W. Seventh Floor Washington, D.C. 20009 Phone: (202) 671-0088 Office Cell: (202) 286-8736 Fax: (202) 671-2514 =imageoo1.jpg= Confidentiality Notice: This message is being sent by or on behalf of a lawyer. It is intended exclusively for the individual or entity to which it is addressed. This communication may contaln information that is proprietary, privileged or confidential, or otherwise legally exempt from disclosure. If you are not the naned addressee, you are not authorized to read, print, retain, copy, or disseminate this message or any part of it. If you have received this message in error, please notify the sender immediately by email and delete all copies of the message.
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From: Glover, Eric (DOC) Sent: Thursday, February 25, 20218:57 AM To: [email protected] Subject: RE: Lisa Eisenhart (DCDC 376-543) -currently held at CTF
Counsel,
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Please I will look into this matter and get back to you as so as possible. However, please note that due to the medical stay in place at DOC, all resident are confined to their cells for 23 hours per day as part of the agency's COVID-19 prevention policy. Also, the court did not order that Mr. Chansely be transported to another fhoility.
Regards,
Eric S. Glover General Counsel District of Columbia Department of Corrections 2000 14th Street, N.W. Seventh Floor Washington, D.C. 20009 Phone: (202) 671roo88 Office Cell: (202) 286-8736 Fax: (202) 671-2514
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From: [email protected]
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Dear Mr. Glover:
I have been appointed to represent Ms. Eisenhart in a case in the US District Court for DC, assigned to the Hon. Royce C. Lamberth.
I will try to be respectful of your time, as I am aware of how difficult your job is. As a result of that,I generally try to avoid "second-guessing" of BOP/DOC officials. But the situation involving Ms. Eisenhart appears quite unusual. When I tr.led to .inqu.Ire .Into some of th.is during her recent detent.Ion hearing, Judge Lamberth suggested that I contact you directly, so I am doing that now.
I may be wrong about some of this, but my understanding is that Ms. Eisenhart may be facing what I would consider to be highly unusual, unnecessary restrictions at CTF. She is not allowed in general population, so is basically being held in solitary, and allowed only 1 hour/day 5 hours/week ''recreation" in what is basicallyjust time spent in a larger cell. Averaging 23 hours+/day in her cell, she has little or
3 Case 1:21-cr-00118-RCL Document 40-1 Filed 03/04/21 Page 4 of 4 no human contact. Her commissary situation also appears somewhat uncertain. And she is apparently handcuffed and shackled whenever she moves outside of her cell.
I recognize the nature of the case in which I represent her, but this is also a woman with no prior criminal history at all -none. Other detainees at CTF, for example, including people charged with very violent crimes and even her son (Eric Munchel) who is charged in the same case as she is, appear to be receiving far greater freedoms than Ms. Eisenhart -for example,I believe Mr. Munchel may now be in general population. But most or all of Ms. Eisenhart's highly restrictive and unusual restrictions (such as being shackled even inside of the jail) still remain in place.
If this situation remains unsatisfactory, Judge Lamberth did invite me to file a formal motion, and he even said in the Chandler case he had ultimately directed the defendant to be moved to a different jail facility, after certain concerns could not be resolved. I hope that will not be necessary here. Perhaps this is not even a matter within your ability to fix, given the high-profile nature of some of these cases. As noted,I know you have a hard job. But I also need to do my own job in representing my client. So please give me a call when you can so we can discuss this further.
I do appreciate your courtesy and look forward to hopefully speaking with you about this matter soon. Many thanks and best regards-
Greg Smith Law Offices of Gregory S. Smith Telephone: 202.460.3381 Fax: 202.330-5229 Email: [email protected] Website: www.triallawverdc.com
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