Firing of prison psychologist upheld at hearing

Thursday, Feb. 10, 2000 | 9:43 a.m.

CARSON CITY -- A state hearing officer has upheld the firing of a prison psychologist who burned the neck of an inmate with a match and who then sought to escape disciplinary action by first offering the convict a favor and later threatening him.

State Hearing Officer Patrick Dolan, in a decision released Wednesday, rejected the appeal of psychologist Edward R. Butler, who generally had a good record during his 11 years in the prison system, first in Ely and then in Lovelock.

Dolan ruled that Butler did not intentionally intend to burn 19-year-old inmate Aaron Planeta during a class at the prison in Lovelock, but he said the employee tried to use his position to cover up the incident by first enticing and later pressuring Planeta.

Butler's behavior was "disgraceful, discourteous and inexcusable conduct," Dolan wrote.

At the appeals hearing in January, Planeta testified he was in the prison orientation class conducted by Butler, who accused the inmate of failing to pay attention. The psychologist, according to the inmate, lit a cigarette and approached to within 8 to 10 inches of Planeta's face.

Butler still held the burning match and asked Planeta if he had "ever seen a match burn twice?" Planeta said he blew out the flame, at which time Butler put it against the left side of the inmate's neck, inflicting a small burn.

Planeta initially did not think Butler intentionally burned him, but other inmates encouraged him to file a complaint. Later, according to hearing documents, when Butler and Planeta were in an office together, the psychiatrist indicated he was thinking of offering Planeta the job of inmate program facilitator, which would have permitted Planeta the chance to reduce the length of his term.

Senior Correctional Officer Otto Bartel testified at the hearing that he heard Butler later tell Planeta, "You better watch what you say, do you hear me."

The hearing officer said the offer of employment could be viewed as innocent, were it not for the later threat.

Dolan wrote, "The reliable, substantial and probative evidence establishes that the employee was improperly attempting to influence Planeta by discouraging the inmate from pursuing any grievance against the employee regarding the burning incident.

"Such conduct by the employee cannot be mitigated or excused and strikes at the very heart of the effort by the employer (the prison) to house inmates in a controlled environment without unwarranted favoritism or retribution motivated by personal agendas."

The hearing officer ruled the burning of the inmate was not "an act of insubordination or willful disobedience."

During the hearings, witnesses testified that Butler was a good employee and did his best in treating the inmates to get them ready to return to society. But they said he also used both an "aggressive" and a "confrontational approach" to get inmates to realize that they had committed offenses.

One employee said he had watched Butler use the match technique before. But in the past, the psychologist put his finger, and not the match, to the prisoner.