The Manatee County Public Defender’s Office has confirmed that 17 juveniles are being held among the 721 prisoners and 100 staff at the Manatee County Central Jail, which sits less than a mile away from the leaking Piney Point phosphate plant.
Manatee County’s Public Defender’s office confirmed to Creative Loafing Tampa Bay that it—along with the ACLU—has filed a writ of court to challenge the Sheriff’s Office decision to hold the prisoners in the emergency zone.
Over the weekend, local residents were removed from the area to protect them from the toxic effects of the spill, but the prisoners remain. On Sunday, the Manatee Sheriff’s Office evacuated 345 prisoners, but the 17 juveniles were not included in that population.
Larry Eger, Public Defender for the 12th Judicial Circuit, told CL that that it’s surprising the teens were not moved right away. “You would think that they would be the first group to be evacuated. I have an obligation to represent all of my clients, which is why we filed the writ, but I’m also concerned about the 100 employees stuck working in that emergency zone,” Eger said.
The public defender’s office says that on average, 70% of prisoners in county jails are awaiting trial, and have not been convicted of a crime. Their office represents about 80% of the prisoners in county jail.
In a press release sent Tuesday afternoon, the ACLU wrote that the petition filed against Manatee County Sheriff Rick Wells represents individuals who are in custody for pretrial as well as those who being held post-conviction. One of the individuals represented in the case is in pretrial custody simply because she cannot afford to pay her bail of $1,620.
“Many of the individuals in custody at the jail simply don’t need to be in there in the first place. They are only in custody because they cannot afford their pretrial freedom,” Jacqueline Azis, staff attorney for the ACLU of Florida, wrote. “Sitting in custody on an unaffordable bail pretrial—when you are presumed innocent—is always unjust. We should not wait until an emergency arises to recognize and fix our broken criminal justice system.”
Eger says that some of the public defender's office clients have communicated to them that upon the population being moved upstairs for safety from potential flooding, cells are now being doubled up, from the regular four inmates per cell to seven or eight. This raises the question of whether or not the juveniles are able to be separated from the rest of the adult population.
The Manatee County Sheriff’s office did not immediately respond to questions about whether the juveniles are separated from the rest of the inmates, or if the jail is able to practice COVID-19 safety in these crowded conditions. CL will update this post when it hears back.
“The teens who were tried as adults are being held in the emergency zone range from 14 to 17, with an estimated average age of about 16,” Kiera Forlenza, assistant public defender for Manatee County, told CL.
Forlenza is the public defender for all juveniles in Manatee County. She defends juveniles who are tried as children, along with those who are tried as adults for more serious crimes. The juveniles who are being tried as adults are those within the population currently at the jail. She did not comment as to the nature of their alleged crimes.
Michele Rayner-Goolsby, Florida State Representative of District 70, which covers part of Manatee County near Piney Point, told CL that she was led to believe that juveniles would be evacuated along with the initial population. “It has now come to my attention that the plan did not consider the juveniles being held, and that jail cells may be overcrowded. I've spoken to the sheriff about it and I'm closely monitoring the situation,” Rayner-Goolsby said.
She said that if the information coming from the public defender's office is confirmed and that she sides with the ACLU and public defender in their writ to evacuate the prisoners.
“Just because someone is accused of a crime does not mean they're guilty,” she added. “Humanity and being an inmate are not mutually exclusive.”
After commenting to CL, Rayner-Goolsby went on Twitter to add that she's holding a town hall on Wednesday to address the Piney Point situation and answer questions from supporters and followers. "I also plan to visit the Piney Point site and tour the affected area in Friday," she wrote.
Activists protesting the holding of prisoners at the jail say that the problem of the environmental crisis and the holding of prisoners are systemic, and that structural change is needed to address the problem so it does not keep happening.
“Manatee County and the Florida Department of Corrections have decided to leave over 700 people, including children, in a disaster zone,” PSL Florida wrote in an email to CL. “Their families and friends are worried sick about them and demanding they be evacuated. It shows how badly we need real change and a new system based on human needs, equality and dignity, instead of the cruelty, mass incarceration and racism of capitalism.”
UPDATED 04/06/21 3:45 p.m. Updated with new information from public defenders saying 17 juveniles are being held.
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This article appears in Apr 1-7, 2021.