A former Navy sailor has spent the last 13 months locked alone in a cell for up to 23 hours a day at the Naval Consolidated Brig in Chesapeake. Now the Navy’s inspector general is investigating whether practices at the facility have violated detainees’ legal rights, including their access to attorneys.
Complaint Alleges Systemic Overuse of Solitary Confinement
The investigation stems from a complaint filed by a group of attorneys representing current and former brig clients, according to The Virginian-Pilot.
At the center of the case is Angelo McDuffie, a former sailor who has been held in maximum custody for the entire 13 months he has spent at the Chesapeake brig. His attorney, Robert Canoy, said McDuffie is alone in his cell 22 to 23 hours every day. McDuffie is facing a murder court-martial.
Judge Found Illegal Pretrial Punishment, But Confinement Continues
In September, military judge Cmdr. Jason A. Pfeil ruled that McDuffie’s prolonged maximum-custody confinement amounted to illegal pretrial punishment in violation of Article 13 of the Uniform Code of Military Justice. Despite that finding, Pfeil did not order McDuffie removed from maximum custody, instead asking the defense for additional information before granting a remedy. The ruling did not immediately change McDuffie’s custody status.
Cmdr. Brian Flanagan testified that McDuffie is being held in maximum custody due to the seriousness of his charges, for the safety of himself, brig staff and other detainees. McDuffie remains in maximum custody while awaiting trial.
Attorney Access Concerns Run Through Several Cases
McDuffie has mental health issues. He has been allowed no face-to-face visits with his attorneys since his incarceration at the brig; before arriving there, he had spent 18 months incarcerated at Western Tidewater Regional Jail and, for a time, at a psychiatric facility in Northern Virginia. He was previously found not guilty by reason of insanity in a separate Hampton police chase case…