MICHELLE GREER

Fri 2-Feb-2001

DA declines request for inquest in death of TCI inmate
By Sharon Roznik Of The Reporter Staff

Fond du Lac County District Attorney Thomas Storm has declined a request to hold an inquest regarding the death of Taycheedah Correctional Institution inmate Michelle Greer.

Greer, 29, died Feb. 2, 2000, on the floor of the dining room at TCI during an acute asthma attack.

Milwaukee County District Attorney E. Michael McCann asked Storm on Feb. 17 to perform an inquest on behalf of Greer's family and his own county, because of the number of prisoners it sends to Taycheedah.

In a letter sent to McCann dated Jan. 31, Storm said that the factual circumstances surrounding the case have undergone exhaustive investigation, and the matter remains under review by the Department of Corrections and the state Legislature.

"In my view, an inquest is primarily an investigative device to assist in the determination of whether homicide charges should be pursued," Storm stated in the letter.

Storm said the investigation revealed no evidence of criminal activity regarding Greer's death, or abuse or injury.

Since Greer's death, Storm said committees formed to investigate the incident uncovered numerous shortcomings and problems with the delivery of emergency health services in the prison system.

Attempts have been made to address those problems, Storm wrote in the letter.

"Since (Greer's death) the DOC has instituted changes to emergency response, training, documentation, and deployment of resources to prevent such a situation," Storm wrote.

A panel to review deaths in the prison system, sponsored by state representatives Scott Walker, R-Wauwatosa, and Sheldon Wasserman, D-Milwaukee, has been initiated and will be discussed in upcoming legislative sessions, Storm said.

The secretary of the DOC has requested an additional $10 million to provide additional prison health care services in the state's biennial budget.

"Clearly, the DOC was not satisfied with the care that was provided and has taken steps to address the problem.," Storm said. "At least three employees have been disciplined for unsatisfactory performance."

Storm also turned down McCann's request to allow him to conduct the inquest and said he would not adopt Milwaukee's policy of initiating an inquest whenever anyone dies by police action or in custody.

More than 50 witnesses have already provided testimony in the case, Storm said.

He also answered McCann's request that Storm put himself in the position of Greer's father, Raymond Tiggs.

"I have sincerely attempted to do that," Storm answered McCann. "I agree that if someone I loved died in custody, probably nothing, including the results of an inquest, would satisfy me."

Triggs has filed a $2 million damage claim against the prison, contending his daughter suffered because of "negligence and deliberate indifference" by prison staff.

Corrections officers contacted Taycheedah health services twice on Greer's behalf and were told by nurses that it was not an emergency because Greer could still talk.

According to records for the investigation, Greer pleaded for help several times before she died, clutching her inhaler.

She had been imprisoned since November 1999 for trying to rob a Milwaukee grocery store.

Storm also said any perception that race played a role in the treatment of Greer is unfounded.

McCann, in a statement issued Thursday, said he finds it regrettable that Storm has decided not to conduct an inquest into Greer's death.

McCann said he will advise the attorney representing Greer's father that state statute provides Triggs can petition the medical examiner to request the district attorney order an inquest.

If the district attorney refuses, the medical examiner can petition the court to order an inquest. The court can then order the inquest if it finds that the district attorney abused his discretion in not ordering an inquest, McCann said.

"While I strongly disagree with District Attorney Storm's decision, I think it highly improbable that the circuit court of Fond du Lac County would find an abuse of discretion by District Attorney Storm," McCann said.

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