MINEOLA, N.Y. — There may be a reason a prosecutor’s office says it never received nine reports of suspicious deaths of developmentally disabled people in state care over the past three years: A state oversight agency acknowledged on May 20 that it sent them to an assistant prosecutor’s personal email, an account that apparently had been abandoned.
The handling of the nine cases has prompted the agency, the Justice Center, to update its email list and institute a policy of only sending such reports directly to each county’s top prosecutor, plus a designee, followed with a phone call to confirm.
The Associated Press reported this week that none of the nine death cases, all in Long Island’s Suffolk County between 2013 and 2016, led to criminal charges.
Suffolk’s district attorney’s office said the Justice Center, the state’s central clearinghouse for collecting such cases, never told the office of the cases, as required by law. The Justice Center disputed that and provided the AP with notification documents showing they were sent to the address it was given by the office three years ago: a private, non-governmental email with the domain optonline.net.
Suffolk district attorney’s office spokesman Robert Clifford said that private email was identified by the office as “a dormant, private email address of an assistant district attorney.”
“Its use is decidedly not in compliance with the customary transmission of official business or information,” Clifford said.
There was no response when the AP tried the address several times this week.
Clifford refused to identify the prosecutor or say how long the account was believed to have been abandoned. He said he didn’t know how the Justice Center got that address.
Additionally, Clifford said that nobody from the Justice Center called to follow up on its notifications and that a search of the DA’s office records produced no sign of any “regular mail” follow-up. The Justice Center didn’t respond to queries asking if it made attempts to follow up.
An advocate for the disabled, Michael Carey, first obtained the list of nine deaths from an open-records request. He said he has queried the prosecutors and medical examiners in all New York’s 62 counties and received responses acknowledging only 24 suspicious deaths reported to four counties among 15,000 people in state care who died in the past three years.
“I believe what has surfaced in Suffolk County is only the tip of the iceberg,” Carey said.
Under state law, the Justice Center must immediately notify the local district attorney and medical examiner of deaths involving allegations of abuse and neglect.
Carey learned of the nine cases from the Suffolk medical examiner’s office, which received them from the Justice Center. The email address the center had for the medical examiner’s office was a governmental one.
State information technology directives say government employees must not use personal email accounts to conduct state business unless explicitly authorized. However, the Justice Center said that prohibits initiating business emails or sending official documents from a private account but allows sending official documents to private accounts.
Justice Center spokesman William Reynolds said the center has updated the Suffolk email address and has checked the others it uses and established the new protocol for double-checking them. He said the center didn’t find any other inactive email addresses for county prosecutors or medical examiners.
Suffolk County police say they are taking another look at one of the nine death cases.
The Justice Center was created in 2013 with a mandate to probe all allegations of wrongdoing by caretakers, with the power to refer cases to local prosecutors or bring criminal charges itself. But an AP analysis last year found it rarely uses that power, with just 2.5 percent of the more than 7,000 substantiated cases of abuse or neglect resulting in criminal charges.
Attorney Robert Santoriella represents a family whose sister is one of the nine people who died following what it believes to be weeks of medical mistreatment by caregivers. He said the Justice Center is not fulfilling its mandate to investigate such cases and put protections in place.
Instead, he said, “it’s a black hole.”