Circuit Court Judge Louise M. DiMatteo imposed the jury’s sentencing for 54-year-old Rodolfo Hernandez-Suazo — which included 50 years for rape, 25 years for abduction with intent to defile and 5 years for incest — but ordered that the sentences run concurrently.

Hernandez-Suazo lured his then 22-year-old daughter to a south Arlington hotel room last year, claiming he was going to complete some maintenance work there. Once both were at the hotel, Hernandez-Suazo forced sex on his daughter.

Prosecutors say Hernandez-Suazo then told the daughter to take a shower, but she did not end up doing so. As a result, after she reported the crime to police several hours later,  investigators from the Arlington County Police Department Special Victims Unit were able to retrieve DNA evidence from her.

Hernandez-Suazo had been estranged from his daughter since leaving El Salvador about 20 years ago. They were reunited in 2009, when the daughter came to the United States to live with her mother, but she broke off contact after Hernandez-Suazo touched her inappropriately. He then re-initiated contact last year, leading to the incident in the hotel room.

“The victim held the understandable but misguided belief that she and the defendant could at last have a normal father-daughter relationship. Unfortunately he turned out to be a predator, not a parent,” said Assistant Commonwealth Attorney Lisa Tingle. “Her courage in coming forward should give others similar strength knowing that our community treats these offenses with the utmost seriousness.”

“Torture is always wrong.” That’s not just a bumper sticker sitting on my desk; it’s also a quote from Rev. Richard Killmer, Executive Director of the National Religious Campaign Against Torture (NRCAT).

On December 3rd of last year, less than a month after the election, I had two options for continued civic participation: attend the Realize Rosslyn Kickoff Event or the Program on Virginia’s Use of Solitary Confinement. I chose the latter. The Program on Virginia’s Use of Solitary Confinement was held at Arlington Central Library and hosted by NRCAT, Social Action Linking Together (SALT), and Amnesty International (Arlington Chapter). Each speaker highlighted a reality that can be lost on the majority of us who have never had the experience: extensive, unlimited, solitary confinement is a violation of the 8th Amendment’s protection from cruel and unusual punishments.

In August of 1998, in Wise County Virginia, the Red Onion State Prison opened as a security level “S.” Its Virginia location was likely the reason for the presence of State Delegate Patrick Hope (D-Arlington) at the meeting I attended. According to Red Onion’s website, their average population is 799 prisoners but a Washington Post article reported 505 of 745 inmates were held in solitary confinement as of last October. I have no way of knowing whether two-thirds of inmates housed by Red Onion “deserve” lonely lockdown for 23 hours per day. The prisoners were accused of crimes and sentenced by our criminal courts after being afforded all of the normal rights we associate with our justice system. What the meeting I attended highlighted however, was to the extent that they were being punished versus being rehabilitated.

The mission of the Virginia Department of Corrections is to enhance public safety by providing effective programs, re-entry services, and supervision of sentenced offenders in a humane, cost efficient manner, consistent with sound correctional principles and constitutional standards. Accomplishing any part of that mission is impossible if the 8th Amendment to our United States Constitution is not being upheld.

Heather Rice, formerly of NRCAT, is featured in their 20 minute video, “Solitary Confinement: Torture in Your Backyard” and spoke at the meeting. In the video she states that extensive solitary confinement “…Destroys people from the mind outward.” This is especially the case when prisoners are held not just for days or weeks but months and years, for 23 hours at a time. Sustainable re-entry into the public or even “general population” in prison is nearly impossible; especially after having so severely damaged a human’s ability to psychologically interact with other humans. Public safety cannot be enhanced by reinforcing paranoia, delusions or sociopathic tendencies.

Spoiler alert: the movie Zero Dark Thirty mistakenly depicts torture as the means by which we found Osama Bin Laden. NRCAT pulled quotes from Senator McCain, and Former CIA Directors Michael Hayden and Leon Panetta disputing those claims. In September of 2011, FBI agent Ali Soufan gave an interview on 60 minutes asserting that his knowledge of Middle Eastern culture and fluency in Arabic – not torture – help identify Khalid Sheik Mohammed as the 9/11 mastermind. Torture rarely, if ever, nets a quality outcome. The inflictor suffers nearly as much as the receiver. If extensive solitary confinement is torture, then we cannot expect a quality outcome for our prisoners or guards.

Last year Del. Hope submitted legislation to study this issue. It is currently being held in committee but it is legislation I can support in good conscience. Perhaps you can too. Along with Del. Hope, Del. Charniele Herring (D-Alexandria) and Sen. Adam Ebbin (D-Arlington) all visited Red Onion State Prison last year to personally assess and address complaints. There are plans for another visit this March or April to corroborate the reported decline in solitary confinements since their last visit.

We can be both “tough on crime” and remember our humanity. We debase our prison guards by allowing potential dehumanization of our prisoners. Our mission in prisons must be more than warehousing bad people if for no other reason than we will someday release them.

On a lighter note, I no longer wear my nametag. Thanks for asking.

Jason Howell, a former accountant and a motivational speaker, ran as an independent candidate for U.S. Congress in 2012.

John Kiriakou, 48, agreed to a 30 month prison sentence for disclosing the covert officer’s name. The crime was detailed in a statement of facts entered in the case.

From a U.S. Department of Justice press release:

Former CIA officer John Kiriakou, 48, of Arlington, Va., pleaded guilty today to disclosing to a journalist the name of a covert CIA officer and also admitted to disclosing information revealing the role of another CIA employee in classified activities.

Neil H. MacBride, U.S. Attorney for the Eastern District of Virginia, and James W. McJunkin, Assistant Director in Charge of the FBI’s Washington Field Office, made the announcement after the plea was accepted by U.S. District Judge Leonie M. Brinkema.

Kiriakou pleaded guilty today to one count of intentionally disclosing information identifying a covert agent. As part of the plea agreement, the United States and Kiriakou agree that a sentence of 30 months in prison is the appropriate disposition of this case. Sentencing has been scheduled for Jan. 25, 2013.

“The government has a vital interest in protecting the identities of those involved in covert operations,” said U.S. Attorney MacBride. “Leaks of highly sensitive, closely held and classified information compromise national security and can put individual lives in danger.”

“Disclosing classified information, including the names of CIA officers, to unauthorized individuals is a clear violation of the law,” said Assistant Director in Charge McJunkin. “Today’s plea would not be possible without the hard work of the prosecutors and FBI Special Agents and analysts who brought this case to justice, and who will continue to pursue those who ignore their obligations to protect national security secrets.”

According to court records, the case is a result of an investigation triggered by a classified filing in January 2009 by defense counsel for high-value detainees at Guantanamo Bay, Cuba. This filing contained classified information the defense had not been given through official government channels, including photographs of certain government employees and contractors. The investigation revealed that on multiple occasions one of the journalists to whom Kiriakou illegally disclosed classified information, in turn, disclosed that information to a defense team investigator. This information was reflected in the classified defense filing and enabled the defense team to take or obtain surveillance photographs of government personnel. The government has made no allegations of criminal activity by any members of the defense team for the detainees.

Kiriakou was a CIA intelligence officer between 1990 and 2004, serving at headquarters and in various classified overseas assignments. Upon joining the CIA in 1990 and on multiple occasions in following years, Kiriakou signed secrecy and non-disclosure agreements not to disclose classified information to unauthorized individuals. In a statement of facts filed with his plea agreement, Kiriakou admitted that he made illegal disclosures about two CIA employees and their involvement in classified operations to two journalists (referenced as “Journalist A” and “Journalist B” in court records) on multiple occasions between 2007 and 2009.

Kiriakou admitted that, through a series of emails with Journalist A, he disclosed the full name of a CIA officer (referred to as “Officer A” in court records) whose association with the CIA had been classified for more than two decades. In addition to identifying the officer for the journalist, Kiriakou also provided information that helped the journalist link the officer to a particular classified operation.

In addition, Kiriakou admitted that he disclosed to Journalists A and B the name and contact information of a CIA analyst, identified in court records as “Officer B,” along with his association with an operation to capture terrorism subject Abu Zubaydah in 2002. Kiriakou knew that the association of Officer B with the Abu Zubaydah operation was classified. Based in part on this information, Journalist B subsequently published a June 2008 front-page story in The New York Times disclosing Officer B’s alleged role in the Abu Zubaydah operation.

Without Kiriakou’s knowledge, Journalist A passed the information he obtained from Kiriakou to an investigator assisting in the defense of high-value detainees at Guantanamo Bay.

Kiriakou also admitted that he lied to the CIA regarding the existence and use of a classified technique, referred to as a “magic box,” while seeking permission from the CIA’s Publications Review Board to include the classified technique in a book.

This case was investigated by the FBI’s Washington Field Office, with assistance from the CIA and the Air Force Office of Special Investigations. Assistant U.S. Attorneys Iris Lan of the Southern District of New York, Mark E. Schneider and Ryan Fayhee of the Northern District of Illinois, and W. Neil Hammerstrom Jr. of the Eastern District of Virginia are prosecuting the case on behalf of the United States.

Nonprofits Ask for Funds at Budget Hearing — A public hearing on the county’s proposed tax rate changes is scheduled for 7:00 p.m. tonight. Meanwhile, Tuesday’s budget hearing was largely dominated by the pleas of nonprofits — those that help the homeless, provide affordable housing, work for the rights of immigrants, etc. — for full funding in FY 2013. In one particularly poignant moment, the executive director of the Arlington Street Peoples’ Assistance Network told County Board members that a homeless man who was found dead on Monday was an A-SPAN client and an Arlington native. [Sun Gazette, Patch]

Eventide Creates Cocktail for Cherry Blossom Fest — Eventide Restaurant (3165 Wilson Blvd) has created a specialty cocktail in honor of the Cherry Blossom Festival. Bar manager Tim Irwin even created a video to show budding mixologists how to make his creation — the “Kyoto Cocktail” — which is made with Bison Grass Vodka, Ginger Liqueur, Vanilla Syrup and Fresh Grapefruit Juice. [YouTube]

Lawmakers Ask for Solitary Confinement Probe — Del. Patrick Hope and Sen. Adam Ebbin of Arlington have joined Del. Charniele Herring of Alexandria in writing a letter to the U.S. Department of Justice, asking the federal government to investigate the alleged overuse of solitary confinement in Virginia. The Democratic state lawmakers say solitary confinement is in some cases being used as “a form of psychological torture.” [Washington Post]

New CFO for Artisphere — Artisphere has hired a new Chief Financial Officer. The new CFO will “manage the complexity of financial operations” at the Rosslyn arts venue. [Arlington Mercury]

Chopper Called in for Suspect Search — The U.S. Park Police Eagle 2 helicopter hovered over the Claremont neighborhood — near Wakefield High School — for about half an hour last night while assisting Arlington County Police in a search for several armed robbery suspects. The chopper assisted police and K-9 units on the ground in the search for the suspects in a armed robbery on the 1000 block of S. Frederick Street, in the Columbia Forest neighborhood, according to ACPD spokesman Dustin Sternbeck. Police eventually arrested three men in connection with the crime, according to police radio traffic.

Board to Consider ‘Pipestem’ Lot — The County Board is expected to decide this weekend on a controversial development proposal in the Leeway Overlee neighborhood. A developer wants to build a large new home on a parcel of land set back from the street and only connected to the street via only a thin driveway strip known as a “pipestem.” Neighbors have been fighting the plan, but to some degree state law — which emphasizes the rights of property owners — prevents the Board from completely blocking development on the lot. [Sun Gazette]

Pregnant Inmate Shackling Bill Fails Again — Del. Patrick Hope tried again this year to pass legislation restricting the use of shackles on inmates while they’re giving birth. A House of Delegates subcommittee tabled the bill on Thursday, however, prompting Hope to pledge to introduce the bill again next year. Arlington County Sheriff Beth Arthur presented an alternative viewpoint when she told a reporter that legislation is not the proper way to deal with the issue — state regulatory changes are. [Associated Press]

Venus Stereos Closes — Venus Stereos, a quirky electronics/soccer jersey/music store at the corner of Columbia Pike and S. Walter Reed Drive, has closed. A sign in the window say the storefront, directly adjacent to the Arlington Cinema Drafthouse, is available for lease. [Pike Spotter]

The National Religious Campaign Against Torture is pressing for the ban after Arlington’s Del. Patrick Hope succeeded in getting the state Department of Corrections to codify its pre-existing prohibition on the shackling of female inmates during and immediately after labor. The newly-implemented policy only applies to state prisons, however, not to local and regional correctional facilities.

“As people of faith, the members of the National Religious Campaign Against Torture recognize that restricting women prisoners during childbirth strips away the dignity from the sacred moment of a new life entering the world, desecrates the sanctity of both birth and life, and endangers the health and well-being of both mother and child,” the group said in a statement. “The cruel and inhumane practice of shackling in Virginia is a problem beyond the jurisdiction of the [Department of Corrections]. Virginia should join the 13 states that have enacted legislation to prohibit this barbaric practice. ”

Hope wants to do just that.

“Getting the Department of Corrections leading the way is a great thing,” he said. “They’re making [the policy] department wide… They’re sending a message that, I hope, the local and regional jails will mirror.”

Hope says that he will now ask local and regional facilities to change their policies internally, before pressing for legislation next year. Hope tried to sponsor an anti-shackling bill this year, but it failed to get out of a House of Delegates committee.

The Arlington County Sheriff’s Department, which runs the county jail, says it does not shackle pregnant inmates during labor, and only handcuffs one hand to the rail of the hospital bed during postpartum recovery, according to a recent article by The Crime Report. An inmate who gave birth 11 years ago, however, told the publication that she was shackled during the entire 12-hour delivery.

“Virginia cannot declare a victory in putting an end to the appalling practice of shackling of women inmates during childbirth until the Virginia General Assembly passes a law prohibiting it in all jails and prisons, at all levels, across the state,” the National Religious Campaign Against Torture said.

Hope introduced a bill earlier this year to ban the practice. The bill was defeated but supporters were able to pressure the department to change its internal policies without the need for legislation.

Here’s the press release from Hope’s office announcing the planned change in policy.

The Virginia Department of Corrections is planning to implement regulations to prohibit the shackling of pregnant inmates in Virginia’s prisons. The regulation is modeled after legislation (HB 1488) introduced by Delegate Patrick A. Hope (D-Arlington) in the 2011 legislative session and supported by the following organizations: the American Medical Association, American Congress of Obstetricians and Gynecologists, the Virginia Chapter of the American Congress of Obstetricians and Gynecologists, Legal Aid Justice Center, ACLU of Virginia, NARAL Pro-Choice-Virginia, Planned Parenthood-Virginia, VA CURE, and the National Religious Campaign Against Torture.

Specifically, the regulations prohibit the use of restraints on pregnant inmates during labor, delivery, or post-partum recovery. Front-end handcuffs may be used but only during transport. Additional restraints may be used if a determination is made that the inmate poses a danger to herself or others. The regulations take the additional step in requiring documentation when additional restraints are used.

Delegate Hope worked with Virginia Department of Corrections Director, Harold Clarke, for several months on this in-depth policy and offered high praise saying, “Director Clarke recognized the importance of spelling out a policy that protects the health of the mother and her unborn child. He deserves a lot of credit for taking this significant, bold step.” Delegate Hope continued, “This policy sets the tone for other correctional facilities such as our county and regional jails to follow suit. I hope they will also spell out similar regulations.” The Department of Corrections only has jurisdiction over Virginia’s prisons.

With this regulation, Virginia’s prison system joins ten other states — California, Colorado, Illinois, Pennsylvania, New Mexico, New York, Texas, Vermont, Washington, and West Virginia – who have banned the practice. The Federal Bureau of Prisons and the U.S. Marshals Service also have policies that block the shackling of inmates during childbirth.

Hope is running for reelection to the House of Delegates this year. He faces Independent Green Party candidate Jennifer Stanley.

The legislation, proposed by Arlington’s Del. Patrick Hope (D), had the support of medical, civil rights and religious groups. It would have prevented the restraint of pregnant prisoners during labor and recovery, except in cases where jail administrators felt the prisoner posed a flight risk or a danger to herself or others.

There may be a silver lining for bill supporters, however.

According to Hope, the chairwoman of the Militia, Police, and Public Safety Committee, Del. Beverly Sherwood (R), will be writing a letter to the Virginia Department of Corrections requesting they look into whether the department should change the policy on restraining pregnant inmates. Such a change could accomplish what Hope wanted to achieve without the need for legislation.

“If you ultimately get the [Department of Corrections] to act, it’s a win to me, so I’m very pleased,” Hope said. “I don’t judge my success by the number of bills I get passed into law.”

Update at 4:55 p.m. — The Virginia Department of Corrections provided the following information on the use of restraints on pregnant inmates:

Pregnant Inmates

If an inmate is pregnant?

Most pregnant inmates are incarcerated at Fluvanna Correctional Center for Women (FCCW). FCCW, opened in 1998, is the state’s newest adult female prison facility with a state-of-the art medical unit. The inmate is screened by medical upon intake. Medical forwards a pre-natal plan to the hospital (UVA) shortly after the inmate’s arrival and a FCCW Counselor is advised of the inmate’s pregnancy. The Counselor interviews the inmate for details regarding whom she wishes to have custody of her baby, and forwards that information to the hospital. The hospital Social Worker contacts the custodian-to-be and makes sure he/she knows about everything he/she needs to bring with him/her when he/she comes to pick up the infant from the hospital. The Counselor also gets the names of visitors the inmate would like at the hospital and forwards it to the Warden’s office for approval. The approval is then faxed to the hospital.

What services are available to help her arrange care for her children while she is incarcerated?

Usually, a family member is already lined up to take this responsibility; however, if the inmate does not have a plan, the Counselor contacts the Social Worker at the hospital. Additionally, we will work with attorneys who work with the hospital on private adoption. The Counselor also works with various adoption agencies in the area. The Counselor also encourages the inmate to contact family and friends and get information about agencies she might use. When the inmate has decided what she wants to do, the Counselor contacts the person/agency the inmate has selected and sets up the necessary meetings.

Are social workers available to advise her and discuss her options? If not, what personnel are available to provide options and discuss same with the inmate?

There are several avenues. Once an agency is contacted, a representative usually comes to the prison to see the inmate. The local Social Services agency will arrange temporary custody, but they usually want a firm plan within 90 days. The majority of babies go to family members.

Restraints

All offenders leaving the institution will have full restraints including, handcuffs, waist chains, black box and leg irons except for pregnant offenders or those deemed medically challenged with Warden’s approval.

Handcuffs applied in the front of the pregnant offenders – are the only authorized restraints approved for use when a pregnant offender is transported outside the secure perimeter. Restraints will not be utilized if the Health Services Administrator determines that even handcuffs might jeopardize the health and well being of the pregnant woman and/or the fetus.

Note: If the Administrative Duty Officer deems that the use of handcuffs or no restraints will not adequately address an offender’s escape potential, then additional security personnel will be assigned for transport rather than the utilization of restraints.

Hope says that his bill has the support of medical organizations, the ACLU, Planned Parenthood and the National Religious Campaign Against Torture, among others. Ten other states have passed similar legislation.

“Shackling pregnant women is dangerous and inhumane. Excessively restraining prisoners and detainees during pregnancy increases their chances of accidentally tripping or falling, and harming their pregnancies,” Hope said in a statement. “During labor and postpartum recovery, shackling can interfere with appropriate medical care and can be detrimental to the health of the woman and her newborn child.”

The bill, HB 1488, is set to be considered by a House of Delegates subcommittee today.

See the press release from Hope’s office after the jump.

RICHMOND – Tomorrow, a House subcommittee will consider legislation, HB 1488, seeking to prohibit the shackling of pregnant inmates during labor, transport to a medical facility, delivery, or postpartum recovery in the commonwealth’s correctional facilities. Patroned by Delegate Patrick A. Hope (D-Arlington), this legislation is praised by health care professionals and a chorus of advocates in favor of protecting the health of a female inmate and her pregnancy.

“Shackling pregnant women is dangerous and inhumane. Excessively restraining prisoners and detainees during pregnancy increases their chances of accidentally tripping or falling, and harming their pregnancies,” said Del. Patrick Hope.” Hope continued, “During labor and postpartum recovery, shackling can interfere with appropriate medical care and can be detrimental to the health of the woman and her newborn child.”

Ten other states have signed similar legislation into law. If HB 1488 passes both the House and Senate, Virginia would also join California, Colorado, Illinois, Pennsylvania, New Mexico, New York, Texas, Vermont, Washington, and West Virginia among the states that have banned the practice via state law. The Federal Bureau of Prisons and the federal Marshalls Service also have policies that block the shackling of inmates during childbirth. Public health professionals, including the American Public Health Association and the American College of Obstetricians and Gynecologists, oppose the practice and support bills to ban it.

HB 1488 is modeled after a Resolution (see below) unanimously adopted by the American Medical Association in their June 2010 Annual Meeting.

“The vast majority of female prisoners are non-violent offenders who pose a low security risk—particularly during labor and postpartum recovery,” said Katherine Greenier, Director of the Patricia M. Arnold Women’s Rights project at the American Civil Liberties Union of VA (ACLU-VA).

“In the states that have outlawed shackling of pregnant inmates, there have been no documented instances of a woman in labor or delivery escaping or causing harm to themselves, security guards or medical staff.”

While advocates are not able to quantify how many times inmates in childbirth have been shackled in Virginia’s prisons, there is enough national anecdotal evidence to indicate the need for the legislation, Greenier said. Many states, including Virginia’s Department of Corrections, don’t make available statistics on when or how pregnant inmates are restrained.

“We hope the Virginia legislature will take notice of the harm to the mother and baby’s health when the mother is restrained in this way,” Carla Peterson, Director of VA Citizens United for Rehabilitation of Errants (VA-CURE) said. “It is simply an inhumane and unsafe practice.”

This bill is supported by the American Medical Association, American Congress of Obstetricians and Gynecologists, the Virginia Chapter of the American Congress of Obstetricians and Gynecologists, Legal Aid Justice Center, ACLU of Virginia, NARAL Pro-Choice-Virginia, Planned Parenthood-Virginia, VA CURE, and the National Religious Campaign Against Torture.

Patrick A. Hope is a Member of the Virginia General Assembly as the Delegate from the 47th District representing part of Arlington County. He serves on the House Courts of Justice Committee and House Health, Welfare, and Institutions Committee.

Helen Trainer of the Legal Aid Justice Center pointed to a story of an inmate who wasn’t allowed to self-medicate in his prison cell. Told to wait in the daily line at the clinic, he ultimately suffered numerous seizures and left the prison as a quadriplegic. Trainer believes the story is not an isolated incident and is indicative of the reform needed throughout the nation’s criminal justice system.

Trainer said prison employees, more often than not, falsely believe that inmates’ behavior stems from a lack of control, rather than from mental health problems. Identifying individuals with mental health issues from the point of intake and diverting them to mental health facilities could help alleviate many of the outbreaks that occur in prisons, she explained.

Scott Richeson of the Virginia Department of Corrections spoke about the department’s new emphasis on prisoner re-entry programs. He said that 13,500 people are released from Virginia’s prisons annually, but only 600-800 are paroled, making Virginia one of the country’s lowest parole-granting states. And of the 13,500 prisoners released, 28.5 percent are incarcerated again within three years.

Gov. Bob McDonnell has also taken an interest in re-entry policy. He has appointed a “Virginia Prisoner and Juvenile Offender Re-entry Council” to help improve public safety by promoting successful re-entry strategies and thus reducing the re-incarceration rate.

Bill Richardson of Virginia C.U.R.E. (Citizens United for Rehabilitation of Errants) said he is hopeful that the Department of Corrections and the Virginia Parole Board will start working together to create a plan from the first day of sentencing for inmates deemed parole-eligible.

The meeting at the Walter Reed Community Center was held at a time when Virginia Sen. Jim Webb is working to get his National Criminal Justice Commission Act passed. If enacted, a commission would conduct an 18-month top-to-bottom review of the nation’s criminal justice system.

Doug Ierley, of Sen. Webb’s office, said he hopes the act will come before a Senate vote before their August recess.

About 50 people attended the meeting. Successful alternatives to incarceration for non-violent offenders, ways to handle an aging prison population and incentives for good behavior were also brought up during the course of the discussion.