Gov. Heineman testifies in prison investigation

Oct. 29, 2014, 5:49 a.m. ·

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Gov. Dave Heineman is sworn in (Photo by Grant Gerlock, NET News)

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A special legislative committee grilled Gov. Dave Heineman Wednesday about problems in how Nebraska’s prisons are run. Heineman acknowledged the problems, blamed prison administrators, and said he was working to fix things.

It was an apparently unprecedented appearance by a Nebraska governor under subpoena from a legislative committee. Omaha Sen. Steve Lathrop, chairman of the committee, swore in Gov. Dave Heineman. He then led off the questioning, asking about a re-entry furlough program created by the Department of Correctional Services that allowed some inmates out before they were eligible for parole.

Lathrop said 162 inmates on the furlough program were in prison for violent offenses. And he said the program had not had a public hearing, been approved by the attorney general and the governor, and filed with the secretary of state, as required by law. "Did you know the Department of Corrections was making up the reentry furlough program in a way that did not comport with the law?" he asked.

"I’m not aware of anything you just described," Heineman replied.

"What is your reaction, Governor? Are you as astonished and appalled?"

"I’d like to check with the attorney general whether they had the legal authority to do what they did. Secondly, given the challenges we’re having with the Department of Corrections this is just one more thing that makes you wonder what is going on down there," Heineman replied.

Attorney General Jon Bruning later issued a press release suggesting that the Department of Correctional Services had the authority to create the program without going through the legal steps Lathrop cited.

Lathrop suggested that when it came to prisons, the law of Nebraska was trumped by what he called the "law of overcrowding."

"The law of overcrowding has two principles, Governor, near as I can tell. One is, we need to get people out of here. And the other principle is, once they’re out of here, we’ve got to figure out a way not to take them back. And that becomes more important than the law," Lathrop said.

Heineman said he advised Corrections Director Mike Kenney to ask Bruning about another program that some have called illegal, letting inmates who were released too early remain at home. And the governor told Lathrop he had also checked personally. "I’ve also asked the attorney general, ‘Is this legal or not?’ And the attorney general has made it very clear that it’s reasonable to assume that he’s operating within his statutory, discretionary authority."

"I know you’re going to disagree with that," Heineman told Lathrop, "but that’s what the attorney general told me."

Lathrop said he’d like to talk to Bruning if the governor waives attorney-client privilege.

Heineman said he and Bruning are working to fix the problems. "I’ve said from Day One when we found out about some of these things I accept full responsibility. I know where the buck stops, at my desk. And now we’re about trying to fix things," Heineman said. "It’s been very, very difficult because the two areas you would have thought are your legal department and your records department. And both of them are the most responsible for what occurred," he added.

The Department of Correctional Services legal department was headed by George Green, who has since retired rather than be fired. Its records administrator is Kyle Poppert, whose job status is currently being reviewed.

Lathrop responded to Heineman’s comments, saying "When I hear you say I accept full responsibility, it’s followed by "It was that Poppert guy, it was that Green guy."

"Well, I’m trying to be specific about who was responsible, and now we’re trying to fix it," Heineman said.

The hearing ended around 5 p.m., after Sen. Ernie Chambers, another member of the committee, read a lengthy excerpt from a transcript of an earlier hearing.

The excerpt contained testimony from prison psychologist Mark Weilage. Chambers is trying to get Weilage fired for withholding a report that Nikko Jenkins was mentally ill, at a time when Jenkins was asking to be sent to the Lincoln Regional Center.

Jenkins was later released and subsequently was convicted of killing four people in Omaha.