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Andrea High Bear Didn’t Have to Die


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When she was seven months pregnant, Andrea High Bear known as her grandmother from a South Dakota jail with unhealthy information: She had been cleared to fly. That meant High Bear, a 30-year-old sentenced to over two years on a federal drug cost, could be transferred to a jail removed from her dwelling in South Dakota, the place her 5 youngsters and household lived. It was late March, and coronavirus was beginning to rage. “We were both aware of what was going on with the virus,” says her grandmother, Clara LeBeau. “She’s afraid, not knowing what was gonna happen.”

Two weeks after being transferred to a Texas jail, High Bear had her child. But she by no means met her little woman. By then, High Bear was on a ventilator, identified with coronavirus. On April 28, she died, making her the primary feminine federal prisoner to die of coronavirus.

With tight dwelling areas, little recent air, and restricted entry to hygiene, prisons and jails are ripe for spreading coronavirus. From California to Ohio to Florida, instances are hovering in state and federal prisons and jails, amplified by overcrowding, lack of cleansing provides, and subpar medical care. More than 500 prisoners have died from coronavirus, and nearly 44,000 have had the virus, in keeping with The Marshall Project.

Federal prisoners who really feel endangered by coronavirus can ask the Bureau of Prisons (BOP) to permit them to complete their sentence at dwelling. If the request is denied, they’ll ask a federal choose for “compassionate release.” The BOP says it considers prisoners’ age, well being, and jail conduct, amongst different elements, in approving dwelling confinement.

“She by no means ought to’ve been in custody within the first place at that stage in her being pregnant.”

Around the identical time as High Bear was languishing in jail, different high-profile and well-connected federal inmates like Paul Manafort and Michael Cohen had been being launched to dwelling confinement as a result of coronavirus. But they had been the exception: Overall, solely about 4,200 prisoners, or 2.6 % of the federal jail inhabitants, have been launched to dwelling confinement resulting from virus considerations since late March. Others, who can’t afford legal professionals or who’ve hassle navigating the complicated techniques to be thought of for launch, are left susceptible in harmful establishments. “There cannot be two justice systems,” Senator Amy Klobuchar tweeted just lately, evaluating High Bear’s therapy to the discharge of Manafort and Cohen.

“Inmates’ safety is not a priority,” says Deirdre von Dornum, attorney-in-charge of the Federal Defenders of New York, which is suing New York City federal jails to enhance coronavirus precautions. “Each of the deaths in custody seemed to me likely to be preventable.” Given High Bear’s being pregnant and nonviolent historical past, Von Dornum says her sentencing choose may have let her serve her sentence at dwelling. “Her case seemed particularly upsetting,” she says. “She never should’ve been in custody in the first place at that stage in her pregnancy.”

Andrea High Bear, with one in all her youngsters, gave beginning to a sixth little one on a ventilator.

Courtesy of Clara LeBeau

Growing up in South Dakota, High Bear was the oldest of eight youngsters. She performed basketball and softball, and spent summers on the Cheyenne River Sioux reservation in Eagle Butte, the place her grandmother, LeBeau, lives, attending Bible camp and hanging out with cousins.

cheyenne river reservation

The city of Eagle Butte is the middle of the Cheyenne River reservation in South Dakota.

Andrew LichtensteinGetty Images

High Bear married at age 19 and had youngsters younger, withdrawing from neighborhood faculty to be a full-time mother. Her oldest little one, now 10, helped her make pies, dinner rolls, and cinnamon buns so scrumptious that she bought trays of them on the reservation.

Sadness lingered within the background, although. In 2014, her sister-in-law, Sarah Lee Circle Bear, died in a South Dakota jail. She’d been introduced in on a bond violation after a visitors cease. State officers stated she died of a methamphetamine overdose and had smuggled medication into the jail. Her household challenges this, questioning how she bought meth in jail when she was in custody for a day and a half, and saying they had been informed by one other inmate that she had been repeatedly asking for assist when she died.

Both Andrea and her sister-in-law having encounters with regulation enforcement underscores a grim actuality for Native girls in South Dakota. While Native American girls make up solely 9 % of the state’s inhabitants, they’re nearly half of its feminine inmates, in keeping with Prison Policy Initiative figures.

In March 2019, High Bear was arrested on federal drug prices, for promoting about $850 value of meth to an undercover informant. After her arrest, an acquaintance, Robin Hamm, stayed with High Bear and her then-husband (who she divorced not lengthy earlier than her loss of life) on the reservation. “She sat down with me and she said, you know, I’ve done wrong, and I want to be a good mom, and I want to be out here [with her family],” Hamm says. Adding that Andi, as associates known as her, was “just so gracious in what I think would be one of the hardest moments of your life.”

In October 2019, High Bear pled responsible to 1 drug-related depend and was sentenced to greater than two years in jail. She had solely been in jail for a bit of over 5 months when LeBeau acquired the unnerving cellphone name from her saying she’d be transferred. High Bear’s being pregnant was excessive threat, due to 5 earlier C-sections, and LeBeau and High Bear each hoped she’d have the ability to ship the infant in South Dakota.

But the subsequent time High Bear known as, a number of days later, it was from a jail in Fort Worth known as the Federal Medical Center Carswell. She’d been screened upon arrival, in keeping with a Bureau of Prisons spokesman, and “did not report” coronavirus signs. Still, she was quarantined as a precaution.

“They made errors. It doesn’t imply they signed up for a loss of life sentence.”

Retta Sundblad, one other Carswell inmate, was quarantined at about the identical time as High Bear. She describes the setup as “being in an old motel”: the room had decades-old carpeting, a gap within the ceiling, and no lavatory sink. Women may solely go away their rooms for 20 minutes every day, she says.

Carswell gave the impression to be taking part in catch-up with coronavirus, in keeping with Sundblad. In late March, earlier than she was quarantined, Sundblad had a routine hospital check-up. Going to the appointment, exterior of jail, Sundblad was startled to see empty roads and everybody in masks. Upon returning to jail, “I’m thinking, well, surely they’re gonna put me in isolation because I’ve been out and potentially exposed,” she says. “Nope: I went right back to my room and was with everybody.”

At different jails and prisons, preparation was equally scattershot. At the Manhattan federal jail, as of mid-March, there was no testing protocol, plan for the place to position symptomatic inmates, or screening of inmates, its warden testified in May. In Louisiana, prisoners described making masks from their clothes as cellmates developed fevers. In Illinois, jail employees stated there wasn’t satisfactory entry at hand sanitizer.

Ashunda Harris, whose sister can also be incarcerated at Carswell and whose brother is in jail in Illinois, has been calling their prisons for weeks to get them screened for dwelling launch. “I’m getting voicemail, I’m getting leave-a-messages, I’m getting no returned phone calls, nothing,” she says.

Her sister, Sandra Shoulders, is 55, has diabetes, and wrote to me from Carswell, to say she’s been re-washing the identical face masks for a month. “I wish I could afford a private attorney,” Shoulders wrote.

On March 31, High Bear informed LeBeau she was within the hospital with pneumonia. When the federal government flew her from South Dakota, LeBeau says, “It was so cold and she didn’t have a jacket or anything, and that’s where she must have caught a cold and it turned to pneumonia.” The day High Bear left South Dakota, the temperature hit a low of 9 levels. What LeBeau didn’t but know, and wouldn’t be taught for a number of days, is that High Bear had examined constructive for coronavirus, in keeping with a Bureau of Prisons spokesman. “She told me to tell her kids that she loved them, and loved me, and then we prayed together, and that was the last time I talked to her,” LeBeau says.

andrea bear

Courtesy

Lynzey Donahue, a spokeswoman for the U.S. Marshals Service, which strikes federal prisoners, says that after the marshals bought assurance from High Bear’s health-care supplier that she may fly, it took precautions like same-day “nonstop movement.” Prisoners journey in prison-issued clothes and “care is taken to reduce exposure” from unhealthy climate, the spokeswoman says, including that the Marshals Service doesn’t transfer prisoners symptomatic or constructive for COVID and cleans its automobiles every day.

On April 1, High Bear gave beginning whereas on a ventilator. “I said, ‘Does she know about the baby?’, and they said, ‘No,’” LeBeau says. High Bear had picked out a reputation: Elyciah Elizabeth Ann, the center names matching these of her two sisters who had died. (In 2017, her sister Megan Elizabeth died in a snowstorm, and later that yr, her sister Ronni Ann died of unknown causes.)

In mid-April, LeBeau introduced Elyciah dwelling. Self-quarantining with the infant, LeBeau held Elyciah to the window so her 5 siblings, who dwell subsequent door, may meet their sister.

On April 28, the hospital known as to say High Bear had died.

A B.O.P. spokesman, Justin Long, says each eligible pregnant inmate has both been launched or despatched to dwelling confinement. In High Bear’s case the sentencing choose “felt that placement of Ms. Circle Bear in a federal medical center was in her best interest as FMC Carswell would have been able to provide the court recommended drug treatment and appropriate medical care for her pregnancy,” the spokesman says. Because “in this particular instance, the inmate was quarantined and fell ill soon after,” her medical care there “precluded her consideration for home confinement,” which was unlikely to be granted anyway on condition that she’d simply arrived at Carswell.

LeBeau says she needs she had fought for High Bear to remain in South Dakota or to get dwelling confinement. “We just figured that’s the way it is, and we accepted it,” she says.

Advocating, although, doesn’t all the time carry ends in the jail system, says Harris, the lady working to get her siblings dwelling launch. “They made mistakes,” she says of her imprisoned siblings. “It does not mean they signed up for a death sentence.”

In early May, High Bear’s household, carrying masks, attended her Eagle Butte funeral. A small boy wiped tears away. A person rested his head towards her casket. At the top, pallbearers took High Bear’s casket exterior the funeral dwelling, by means of heavy rain and wind, and raised it right into a hearse, the place it might proceed on to be buried within the inexperienced and gold South Dakota earth.

Stephanie Clifford is an award-winning journalist writing about legal justice and enterprise, and creator of the bestselling novel Everybody Rise.

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