Politics
Missouri Corrections fined $60K for Sunshine Law violations

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The Missouri Department of Corrections must pay more than $60,000 for refusing to give records to a mother trying to find out how her son died in 2021 while in state custody.And that amount could grow, both because the department lost an appeal of an order finding it violated the Sunshine Law and because the mother is now suing the state for wrongful death in her son’s death by suicide.The wrongful death lawsuit asserts the department, its officers and contract medical provider were “negligent, derelict, reckless and in breach of their ministerial duties” in the death of Jahi Hynes.In a decision delivered Tuesday, the Western District Court of Appeals upheld a trial court judgment that the prison agency committed a “knowing and purposeful violation of the Sunshine Law” to prevent Willa Hynes of St. Louis from learning her son hanged himself with a bedsheet while in solitary confinement.The department asserted the records were inmate medical records protected from disclosure and its investigation was not a law enforcement investigation as defined in the Sunshine Law. The appeals court rejected the first argument and did not address the second.“We find there was substantial evidence from which the trial court could have found the DOC acted with the intent to achieve some purpose by violating the Sunshine Law, namely, to hinder Hynes from pursuing a potential civil claim against the DOC relating to her son’s death,” Judge Edward Ardini wrote in the unanimous decision. “Such conduct amounts to a purposeful violation.”The ruling sets a precedent for the department’s Sunshine Law policies at a time when deaths are increasing in state prisons. Activists for prison reform have tracked deaths and found that deaths have increased by one-third as prison populations fell nearly 25%.From 2012 to 2014, there was an average of 31,442 incarcerated people in state prisons. Deaths averaged 89 per year. Over the past three years, with an average of 23,409 incarcerated people in state prisons, deaths have averaged 122 per year.There have been more than 100 deaths in Missouri prisons in five of the last six years.Michelle Smith, director of the Missouri Justice Coalition, said at a January memorial service for deceased inmates that the department routinely withholds information about deaths from family members.“We are trying to raise awareness of the fact that hundreds of people die in Missouri prisons every single year and nothing is done,” Smith said at the memorial service.On April 1, Hynes filed a wrongful death lawsuit accusing the department, its contract medical providers and 11 corrections employees of negligence in allowing her son to possess the bedsheet and failing to conduct required checks on inmates in administrative segregation.
Rudi Keller
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Missouri IndependentLaShon Hudson, mother of Michael Hudson, speaks last January during a memorial service for the 364 Missourians who died in state custody from 2021-2023. Hudson was accompanied to the microphone by family members, left, and Michelle Smith, director of the Missouri Justice Coalition.
The department used every means possible to block access to information about the death, attorney Linda Powers, who represents Hynes, said in an interview with The Independent.“They are doing death investigations internally without involving outside law enforcement and then skirting the requirements of the Sunshine Law that law enforcement produce investigative records by claiming they are not law enforcement,” Powers said.Karen Pojmann, spokeswoman for the corrections department, declined to answer questions about the department’s Sunshine Law practices and if they have changed as a result of Hynes’ lawsuit. She also declined to comment on the wrongful death lawsuit.“The department doesn’t comment on litigation,” Pojmann wrote in an email.The Sunshine Law penalty includes a $5,000 fine for the knowing violation and more than $55,000 in attorney fees.In her request, Hynes asked for all of her son’s records since his incarceration, plus his medical records, the investigative report on his death, and surveillance video of the area where he was in administrative segregation.All of the material was turned over late last year, but not before Cole County Circuit Judge Daniel Green issued an order giving the department five days to comply with his judgment in full. That order was issued after Powers asked Green to enforce the judgment and the records were produced only after she sought contempt sanctions because the department had done nothing for four additional weeks.The investigative report, Powers said, was a document seemingly written to protect the department from liability, not to relate the truth about Jahi Hynes’ death.“When you look at the evidence and what the video shows, you can determine what happened,” Powers said.The video and other documents withheld by the corrections department until the court order form the basis of the factual allegations in the lawsuit, Powers said.Jahi Hynes was sentenced in 2013 in St. Louis Circuit Court to 13 years in prison for first degree robbery. He was 27 when died April 4, 2021, at the Southeast Missouri Correctional Center in Charleston.He had a history of mental health problems, the lawsuit states. In September 2020, while housed at South Central Correctional Center in Licking, he spoke with a mental health professional about extreme mood swings and his history of hospitalizations for attempted suicide. He asked to be put back on psychotropic medications he had not been taking since he was incarcerated.Jahi Hynes was denied the medication and about three months after his transfer to the Southeast Correctional Center, the lawsuit states, he was cited for a “minor assault” for allowing his food port door to strike a correction officer’s hand, causing abrasions.He was moved to the administrative segregation unit, and placed on restrictions for allowed personal property intended to prevent inmates from harming themselves. On the first day, Hynes was only to be allowed boxer shorts and eyeglasses, receiving pants, a blanket and a mattress the next day and allowed shoes, socks, and bed sheets on the fourth day.The lawsuit states that department regulations require checks at least every 30 minutes on inmates in solitary confinement. There were periods of more than five hours where no checks were made, the video surveillance shows, according to the lawsuit.The surveillance video also shows the ease at which prisoners cut off from contact with other inmates can trade items on strings run from cell to cell in a system called “cadillacing.”While he wasn’t supposed to have pants, the video shows an inmate working as a porter giving him a pair of sweatpants taken from Hynes and placed on a hook outside the cell just four hours after being placed in the cell.One inmate gave Hynes a bedsheet via the cadillacing system and another gave him a T-shirt. The system is elaborate enough to transfer items from one side of the prison wing to the other and from one floor to another.“From approximately 11:09 a.m. to 11:45 a.m. (April 4), in plain view of the cameras, using the line secured by the offender, the inmates cadillaced items from one side of C-Wing to the other four times,” the lawsuit states.At 3:26 p.m., Jahi Hynes was found hanging in his cell, from the bedsheet he had received from the other prisoner, wearing the T-shirt and sweatpants. A corrections officer had done a cell check about a half-hour earlier and seen Hynes had the prohibited items.“None of the defendant correction officers removed the t-shirt, pants or bed sheets that were cadillaced to decedent from decedent’s cell, despite orders mandating that they do so,” the lawsuit states.The delays in receiving the information compounded Willa Hynes grief over the death of her son, Powers said.“It is unconscionable,” she said. “Ms. Hynes went two-and-a-half years wondering what happened to her son.”This story was originally published by The Missouri Independent, part of the States Newsroom.
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Poll: Support for Missouri abortion rights amendment growing

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A proposed constitutional amendment legalizing abortion in Missouri received support from more than half of respondents in a new poll from St. Louis University and YouGov.That’s a boost from a poll earlier this year, which could mean what’s known as Amendment 3 is in a solid position to pass in November.SLU/YouGov’s poll of 900 likely Missouri voters from Aug. 8-16 found that 52% of respondents would vote for Amendment 3, which would place constitutional protections for abortion up to fetal viability. Thirty-four percent would vote against the measure, while 14% aren’t sure.By comparison, the SLU/YouGov poll from February found that 44% of voters would back the abortion legalization amendment.St. Louis University political science professor Steven Rogers said 32% of Republicans and 53% of independents would vote for the amendment. That’s in addition to nearly 80% of Democratic respondents who would approve the measure. In the previous poll, 24% of Republicans supported the amendment.Rogers noted that neither Amendment 3 nor a separate ballot item raising the state’s minimum wage is helping Democratic candidates. GOP contenders for U.S. Senate, governor, lieutenant governor, treasurer and secretary of state all hold comfortable leads.“We are seeing this kind of crossover voting, a little bit, where there are voters who are basically saying, ‘I am going to the polls and I’m going to support a Republican candidate, but I’m also going to go to the polls and then I’m also going to try to expand abortion access and then raise the minimum wage,’” Rogers said.Republican gubernatorial nominee Mike Kehoe has a 51%-41% lead over Democrat Crystal Quade. And U.S. Sen. Josh Hawley is leading Democrat Lucas Kunce by 53% to 42%. Some GOP candidates for attorney general, secretary of state and treasurer have even larger leads over their Democratic rivals.
Brian Munoz
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St. Louis Public RadioHundreds of demonstrators pack into a parking lot at Planned Parenthood of St. Louis and Southwest Missouri on June 24, 2022, during a demonstration following the Supreme Court’s reversal of a case that guaranteed the constitutional right to an abortion.
One of the biggest challenges for foes of Amendment 3 could be financial.Typically, Missouri ballot initiatives with well-funded and well-organized campaigns have a better chance of passing — especially if the opposition is underfunded and disorganized. Since the end of July, the campaign committee formed to pass Amendment 3 received more than $3 million in donations of $5,000 or more.That money could be used for television advertisements to improve the proposal’s standing further, Rogers said, as well as point out that Missouri’s current abortion ban doesn’t allow the procedure in the case of rape or incest.“Meanwhile, the anti side won’t have those resources to kind of try to make that counter argument as strongly, and they don’t have public opinion as strongly on their side,” Rogers said.There is precedent of a well-funded initiative almost failing due to opposition from socially conservative voters.In 2006, a measure providing constitutional protections for embryonic stem cell research nearly failed — even though a campaign committee aimed at passing it had a commanding financial advantage.Former state Sen. Bob Onder was part of the opposition campaign to that measure. He said earlier this month it is possible to create a similar dynamic in 2024 against Amendment 3, if social conservatives who oppose abortion rights can band together.“This is not about reproductive rights or care for miscarriages or IVF or anything else,” said Onder, the GOP nominee for Missouri’s 3rd Congressional District seat. “Missourians will learn that out-of-state special interests and dark money from out of state is lying to them and they will reject this amendment.”Quade said earlier this month that Missourians of all political ideologies are ready to roll back the state’s abortion ban.“Regardless of political party, we hear from folks who are tired of politicians being in their doctor’s offices,” Quade said. “They want politicians to mind their own business. So this is going to excite folks all across the political spectrum.”
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Democrat Mark Osmack makes his case for Missouri treasurer

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Mark Osmack has been out of the electoral fray for awhile, but he never completely abandoned his passion for Missouri politics.Osmack, a Valley Park native and U.S. Army veteran, previously ran for Missouri’s 2nd Congressional District seat and for state Senate. Now he’s the Democratic nominee for state treasurer after receiving a phone call from Missouri Democratic Party Chairman Russ Carnahan asking him to run.“There’s a lot of decision making and processing and evaluation that goes into it, which is something I am very passionate and interested in,” Osmack said this week on an episode of Politically Speaking.Osmack is squaring off against state Treasurer Vivek Malek, who was able to easily win a crowded GOP primary against several veteran lawmakers including House Budget Chairman Cody Smith and state Sen. Andrew Koenig.While Malek was able to attract big donations to his political action committee and pour his own money into the campaign, Osmack isn’t worried that he won’t be able to compete in November. Since Malek was appointed to his post, Osmack contends he hasn’t proven that he’s a formidable opponent in a general election.“His actions and his decision making so far in his roughly two year tenure in that office have been questionable,” Osmack said.Among other things, Osmack was critical of Malek for placing unclaimed property notices on video gaming machines which are usually found in gas stations or convenience stores. The legality of the machines has been questioned for some time.As Malek explained on his own episode of Politically Speaking, he wanted to make sure the unclaimed property program was as widely advertised as possible. But he acknowledged it was a mistake to put the decals close to the machines and ultimately decided to remove them.Osmack said: “This doesn’t even pass the common sense sniff test of, ‘Hey, should I put state stickers claiming you might have a billion dollars on a gambling machine that is not registered with the state of Missouri?’ If we’re gonna give kudos for him acknowledging the wrong thing, it never should have been done in the first place.”Osmack’s platform includes supporting programs providing school meals using Missouri agriculture products and making child care more accessible for the working class.He said the fact that Missouri has such a large surplus shows that it’s possible to create programs to make child care within reach for parents.“It is quite audacious for [Republicans] to brag about $8 billion, with a B, dollars in state surplus, while we offer next to no social services to include pre-K, daycare, or child care,” Osmack said.Here’s are some other topics Osmack discussed on the show:How he would handle managing the state’s pension systems and approving low-income housing tax credits. The state treasurer’s office is on boards overseeing both of those programs.Malek’s decision to cut off investments from Chinese companies. Osmack said that Missouri needs to be cautious about abandoning China as a business partner, especially since they’re a major consumer of the state’s agriculture products. “There’s a way to make this work where we are not supporting communist nations to the detriment of the United States or our allies, while also maintaining strong economic ties that benefit Missouri farmers,” he said.What it was like to witness the skirmish at the Missouri State Fair between U.S. Sen. Josh Hawley and Democratic challenger Lucas Kunce.Whether Kunce can get the support of influential groups like the Democratic Senatorial Campaign Committee, which often channels money and staff to states with competitive Senate elections.
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As Illinois receives praise for its cannabis equity efforts, stakeholders work on system’s flaws

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Medical marijuana patients can now purchase cannabis grown by small businesses as part of their allotment, Illinois’ top cannabis regulator said, but smaller, newly licensed cannabis growers are still seeking greater access to the state’s medical marijuana customers.Illinois legalized medicinal marijuana beginning in 2014, then legalized it for recreational use in 2020. While the 2020 law legalized cannabis use for any adult age 21 or older, it did not expand licensing for medical dispensaries.Patients can purchase marijuana as part of the medical cannabis program at dual-purpose dispensaries, which are licensed to serve both medical and recreational customers. But dual-purpose dispensaries are greatly outnumbered by dispensaries only licensed to sell recreationally, and there are no medical-only dispensaries in the state.As another part of the adult-use legalization law, lawmakers created a “craft grow” license category that was designed to give more opportunities to Illinoisans hoping to legally grow and sell marijuana. The smaller-scale grow operations were part of the 2020 law’s efforts to diversify the cannabis industry in Illinois.Prior to that, all cultivation centers in Illinois were large-scale operations dominated by large multi-state operators. The existing cultivators, mostly in operation since 2014, were allowed to grow recreational cannabis beginning in 2019.Until recently, dual-purpose dispensaries have been unsure as to whether craft-grown products, made by social equity licensees — those who have lived in a disproportionately impacted area or have been historically impacted by the war on drugs — can be sold medicinally as part of a patient’s medical allotment.Erin Johnson, the state’s cannabis regulation oversight officer, told Capitol News Illinois last month that her office has “been telling dispensaries, as they have been asking us” they can now sell craft-grown products to medical patients.“There was just a track and trace issue on our end, but never anything statutorily,” she said.
Dilpreet Raju
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Capitol News IllinoisThe graphic shows how cannabis grown in Illinois gets from cultivation centers to customers.
No notice has been posted, but Johnson’s verbal guidance comes almost two years after the first craft grow business went online in Illinois.It allows roughly 150,000 medical patients, who dispensary owners say are the most consistent purchasers of marijuana, to buy products made by social equity businesses without paying recreational taxes. However — even as more dispensaries open — the number available to medical patients has not increased since 2018, something the Cannabis Regulation Oversight Office “desperately” wants to see changed. Johnson said Illinois is a limited license state, meaning “there are caps on everything” to help control the relatively new market.Berwyn Thompkins, who operates two cannabis businesses, said the rules limited options for patients and small businesses.“It’s about access,” Thompkins said. “Why wouldn’t we want all the patients — which the (adult-use) program was initially built around — why wouldn’t we want them to have access? They should have access to any dispensary.”Customers with a medical marijuana card pay a 1% tax on all marijuana products, whereas recreational customers pay retail taxes between roughly 20 and 40% on a given cannabis product, when accounting for local taxes.While Illinois has received praise for its equity-focused cannabis law, including through an independent study that showed more people of color own cannabis licenses than in any other state, some industry operators say they’ve experienced many unnecessary hurdles getting their businesses up and running.The state, in fact, announced last month that it had opened its 100th social equity dispensary.But Steve Olson, purchasing manager at a pair of dispensaries (including one dual-purpose dispensary) near Rockford, said small specialty license holders have been left in the lurch since the first craft grower opened in October 2022.“You would think that this would be something they’re (the government) trying to help out these social equity companies with, but they’re putting handcuffs on them in so many different spots,” he said. “One of them being this medical thing.”Olson said he contacted state agencies, including the Department of Financial and Professional Regulation, months ago about whether craft products can be sold to medical patients at their retail tax rate, but only heard one response: “They all say it was an oversight.”This potentially hurt social equity companies because they sell wholesale to dispensaries and may have been missing out on a consistent customer base through those medical dispensaries.Olson said the state’s attempts to provide licensees with a path to a successful business over the years, such as with corrective lotteries that granted more social equity licenses, have come up short.“It’s like they almost set up the social equity thing to fail so the big guys could come in and swoop up all these licenses,” Olson said. “I hate to feel like that but, if you look at it, it’s pretty black and white.”Olson said craft companies benefit from any type of retail sale.“If we sell it to medical patients or not, it’s a matter of, ‘Are we collecting the proper taxes?’ That’s all it is,” he said.State revenue from cannabis taxes, licensing costs and other fees goes into the Cannabis Regulation Fund, which is used to fund a host of programs, including cannabis offense expungement, the general revenue fund, and the R3 campaign aiming to uplift disinvested communities.For fiscal year 2024, nearly $256 million was paid out from Cannabis Regulation Fund for related initiatives, which includes almost $89 million transferred to the state’s general revenue fund and more than $20 million distributed to local governments, according to the Illinois Department of Revenue.Medical access still limitedThe state’s 55 medical dispensaries that predate the 2020 legalization law, mostly owned by publicly traded multistate operators that had been operating in Illinois since 2014 under the state’s medical marijuana program, were automatically granted a right to licenses to sell recreationally in January 2020. That gave them a dual-purpose license that no new entrants into the market can receive under current law.Since expanding their clientele in 2020, Illinois dispensaries have sold more than $6 billion worth of cannabis products through recreational transactions alone.Nearly two-thirds of dispensaries licensed to sell to medical patients are in the northeast counties of Cook, DuPage, Kane, Lake and Will. Dual-purpose dispensaries only represent about 20 percent of the state’s dispensaries.While the state began offering recreational dispensary licenses since the adult-use legalization law passed, it has not granted a new medical dispensary license since 2018. That has allowed the established players to continue to corner the market on the state’s nearly 150,000 medical marijuana patients.But social equity licensees and advocates say there are more ways to level the playing field, including expanding access to medical sales.Johnson, who became the state’s top cannabis regulator in late 2022, expressed hope for movement during the fall veto session on House Bill 2911, which would expand medical access to all Illinois dispensaries.“We would like every single dispensary in Illinois to be able to serve medical patients,” Johnson said. “It’s something that medical patients have been asking for, for years.”Johnson said the bill would benefit patients and small businesses.“It’s something we desperately want to happen as a state system, because we want to make sure that medical patients are able to easily access what they need,” she said. “We also think it’s good for our social equity dispensaries, as they’re opening, to be able to serve medical patients.”Rep. Bob Morgan, D-Deerfield, who was the first statewide project coordinator for Illinois’ medical cannabis program prior to joining the legislature, wrote in an email to Capitol News Illinois that the state needs to be doing more for its patients.“Illinois is failing the state’s 150,000 medical cannabis patients with debilitating conditions. Too many are still denied the patient protections they deserve, including access to their medicine,” Morgan wrote, adding he would continue to work with stakeholders on further legislation.Capitol News Illinois is a nonprofit, nonpartisan news service covering state government. It is distributed to hundreds of newspapers, radio and TV stations statewide. It is funded primarily by the Illinois Press Foundation and the Robert R. McCormick Foundation, along with major contributions from the Illinois Broadcasters Foundation and Southern Illinois Editorial Association.
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