honoluluadvertiser.com

Sponsored by:

Comment, blog & share photos

Log in | Become a member
The Honolulu Advertiser
Posted on: Friday, November 16, 2007

Inmate who lost baby files suit

By Jim Dooley
Advertiser Staff Writer

A pregnant prison inmate who was wrestled to the ground during a June altercation with two guards has blamed the subsequent death of her unborn child on the guards and state prison officials.

Leah Castro, 22, filed the lawsuit last week in federal court, alleging that the guards "assaulted and battered her in spite of their knowledge that she was in an advanced state of pregnancy."

Her 8-month-old fetus, Briandalynne Castro, "died within her womb and was delivered stillborn Aug. 10," the suit said.

The state has charged Castro with second-degree assault, alleging that she had to be physically subdued after she threatened and later kicked a guard in the stomach and face during the June 30 early-morning confrontation at O'ahu Community Correctional Center.

There is no mention of Castro's pregnancy in any of the paperwork filed in the criminal assault case pending against her in Circuit Court.

Other court records show that Castro has been in and out of juvenile and adult correctional facilities since she was 14.

Ironically, Castro was in jail in June because she was enrolled in Project Hope, a highly praised program for state probationers that uses "swift and certain" returns to jail as a tool to reduce criminal recidivism among probationers.

In March, Circuit Judge Virginia Crandall sent Castro to OCCC for 14 days after Castro failed to report to her probation officer.

She was on probation because of convictions for offenses including burglary, criminal trespass and unauthorized entry into a motor vehicle.

Almost immediately after Castro completed the two-week jail term, another warrant was issued for her arrest because she again missed an appointment with her probation officer, according to court files.

She was arrested May 25 in Waikiki. On June 13, Crandall sentenced Castro to 60 days in jail.

While serving that sentence, she questioned the removal of another inmate to a different cell at 1:15 a.m. on June 30, according to court files.

Two guards told police that Castro moved in an "aggressive manner" toward one of them, Debra Pimental, and ignored orders to return to her cell.

When the other guard, Ted Choy Foo, stepped between them, Castro allegedly kicked Pimental in the stomach and then the inmate was physically "taken down" to the floor by Choy Foo, the guards said.

"During the takedown, inmate Castro had kicked Adult Corrections Officer Pimental in the face and other areas," Choy Foo said in a written statement.

Castro was handcuffed, taken to the medical unit at 1:20 a.m., then returned to her cell at 1:30, according to Choy Foo's statement.

"At approximately 1:40 hours, inmate Castro was taken to module eight to be placed on suicide watch," Choy Foo said in the last line of his written statement.

Police Detective Fred Denault reported that when he interviewed Castro the following morning, the inmate denied assaulting Pimental and claimed that the guard had "provoked" the physical confrontation.

Castro "did admit to having a problem controlling her anger," but accused Pimental of "harassing and provoking her," Denault's report said.

Castro's lawsuit alleged that when Choy Foo "forcefully brought Castro to the ground on her side and stomach," other inmates "repeatedly yelled out" that Castro was pregnant.

"Castro was also yelling out in pain, but Pimental and Choy Foo did not reduce or terminate their forceful actions," the suit alleged.

Castro claimed that she repeatedly reported suffering injuries including "vaginal bleeding, abdominal pain and discomfort" to staff at OCCC and later at the Women's Community Correctional Center.

She allegedly "was not provided with timely or adequate medical care," the lawsuit said.

When Castro gave birth, the baby was "at the 32-week gestational stage," according to the lawsuit, which said the causes of death "include significant fetal stress/hypoxia." Hypoxia is a deficiency in the amount of blood reaching the organs.

Reach Jim Dooley at jdooley@honoluluadvertiser.com.