'Awful': DOJ probes widespread abuse of disabled patients at Illinois facility

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Series: Culture of Cruelty: Inside Illinois’ Mental Health System

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The U.S. Department of Justice has opened a wide-ranging investigation into Illinois’ treatment of people with developmental disabilities, examining whether the state provides adequate resources for community living and protects residents from harm in public institutions.

Tonya Piephoff, director of the Illinois Department of Human Services’ Division of Developmental Disabilities, informed employees of the investigation in a letter dated March 13 that was obtained by Capitol News Illinois.

“The investigation will examine whether the state unnecessarily institutionalizes, or puts at serious risk of institutionalization, adults with intellectual and developmental disabilities,” the letter stated. Illinois has long had one of the highest populations of people with developmental and intellectual disabilities living in state-run institutions in the nation.

The letter said the investigation also will look into abuse and neglect allegations of patients at three of the seven state-operated residential institutions run by IDHS, including the Choate Mental Health and Developmental Center, in rural southern Illinois, which was the subject of an investigative series by Capitol News Illinois and ProPublica starting in 2022. The news organizations launched the series after the arrests of Choate staff members for abuse and neglect of residents; the articles documented instances of mistreatment by staff.

Gov. JB Pritzker said Friday that Illinois has already made significant changes to improve the safety of people with developmental disabilities living in state-run institutions, including installing cameras to help investigate mistreatment allegations. Pritzker said that individuals had moved to other institutions, and that the state had also enhanced the services provided to residents in those places. He did not address parts of the federal investigation focused on whether Illinois is relying too heavily on institutions to provide care instead of supporting people in community-based settings.

“The work has been done already,” Pritzker said of the DOJ investigation, speaking at an unrelated news conference. “It’s fine if there’s an investigation, but the reality is that things have moved significantly in the right direction, and I have done what I said I should do, and that I think we all agree should be done, which is keep everyone safe.”

IDHS issued a written statement on Wednesday that read: “As always, the department will cooperate in full with the independent investigation and continue, as permitted and appropriate, to keep staff and interested stakeholders updated.”

It added: “IDHS has made unprecedented investments in home and community based options to empower Illinoisans with disabilities to live in the least restrictive setting of their choosing.”

A spokesperson for the DOJ did not respond to a request for comment.

The latest investigation also promises to be far broader than a previous DOJ inquiry. The new effort will review how the state provides services to all people with intellectual or developmental disabilities, including those who live in the community or at home.

The DOJ had previously investigated Choate in 2007. In a report released two years later, it found the facility had not provided proper transition planning for those wanting to move into the community; and for those living inside the state-run facility, had failed to protect residents from abuse and neglect, and did not meet their health, education and treatment needs, in violation of constitutional and federal statutory rights. The DOJ ended its monitoring in 2013.

In its investigative series a decade later, Capitol News Illinois and ProPublica detailed cases documented in internal reports and police and court records where staff had beaten, choked, whipped, sexually assaulted and humiliated residents. Those cases included the 2014 beating by staff of a man with intellectual disabilities for failing to pull up his pants. They also included the verbal abuse of a resident with developmental disabilities in 2020, including a threat by staff to break one of his fingers, captured on a recorded 911 line, according to court records, police reports and IDHS watchdog findings.

The reporting also documented a culture of covering up abuse and neglect at the facility, findings later echoed by IDHS’ Office of Inspector General — the watchdog arm that investigates abuse and neglect allegations at state-run facilities and provides agency oversight.

In the wake of the reporting, Pritzker called the abuse detailed in the stories “awful” and “deeply concerning.” The agency promised to make systemic changes to keep Choate home to the nearly 230 people with developmental disabilities who lived there at the time.

But as the news organizations continued to report on the abuse and neglect at Choate that was documented in internal and state police reports, Pritzker and his leadership team at IDHS changed course, announcing plans to move at least half of Choate’s residents to community placements or to one of the six other state-operated facilities.

“We are at a point today where all of those things weren’t working to the degree we wanted them to, so today we are making transformational changes,” he told reporters at a news conference.

In December, Equip for Equality, a legal advocacy organization monitoring the transition of Choate residents, found the state falling short of its promises, with many individuals ending up in other institutions instead of community settings, according to a report.It said the state needed to do more to help people find community group homes and prepare them for the transition.

Illinois’ reliance on institutions represents “an antiquated and oppressive model of serving people with developmental disabilities,” said Andrea Rizor, an Equip for Equality attorney, who also said the group hopes the investigation will ultimately help bring more resources to community-based care.

The U.S. Supreme Court found in 1999 that confining people with disabilities in state institutions constituted discrimination, holding that patients with mental disabilities should be placed in community settings if they are medically cleared to do so and expressed a desire to live outside a facility.

Illinois largely failed to do that and ended up under a federal consent decree, which a judge ruled just last year should stay in place until the state made more progress.

Today, accusations of abuse and neglect also have continued to grow, at Choate and across the system. A December 2024 report by the Office of Inspector General said it had received over 15,000 complaints from individuals in institutions and community-based settings, a 24% increase from the previous year and an 80% jump since fiscal year 2020. The office has struggled to keep up, even after growing from 73 to 91 employees in a year. The report said the Office of Inspector General “still lacks enough staff to handle rising caseloads efficiently, estimating it needs at least 120 workers.”

In addition, two years after Pritzker’s announcement that 123 residents with intellectual or developmental disabilities would be moved out of Choate, 81 have been relocated, with most moving to other state-operated developmental centers. Not included in the governor’s initiative are 111 patients with developmental disabilities who are living in specialized units at Choate.

There currently are nearly 1,600 people with developmental disabilities living in state-run facilities in Illinois, with 242 residents stating they want to explore living in the community.

Coroner’s affidavit shows as many as 800 human remains could have been misidentified

As many as 800 families across the country who patronized a Carlinville funeral home may never know if the remains on their mantles belong to their loved ones, according to an affidavit signed by Sangamon County Coroner Jim Allmon.

The affidavit was filed in a lawsuit pending against Carlinville-based Heinz Funeral Home and its director August Heinz for mishandling remains and providing the wrong cremated remains to family members.

The number of families is based on the number of clients Heinz handled between 2017, the time of the first known allegation, and 2023. Cremated remains cannot be identified by using DNA because they are degraded during the incineration process, so families can never be fully sure whether the remains given to them by Heinz are truly those of their loved ones.

The affidavit stated that Allmon confirmed 75 cases of families from across the country receiving incorrect cremains using existing records.

In one of those cases, a woman prayed and talked to what she thought was her mother’s ashes every day.

“During the course of this investigation, someone had to go to her and tell her that it wasn’t mama,” said Don Craven, who represents one of the affected families.

The investigation also found that Heinz stored bodies in unrefrigerated rooms at funeral homes, left them in the local hospital morgues for weeks, and mislabeled bodies and human remains with the wrong names.

Don and Joe Craven, of the Springfield law firm of Craven & Craven, are seeking to certify former clients of Heinz as a class in lawsuit, stating those 800 families have similar claims under the law.

The Cravens also serve as legal counsel for Capitol News Illinois.

At the time the Heinz case came to light, it wasn’t immediately clear if or how he might have broken the law. The Illinois State Police investigated criminal wrongdoing, but as of Tuesday, Heinz has not faced any charges in connection with his handling of bodies.

But charges have not entirely been ruled out.

“We are currently exploring any and all options for charges,” said Macoupin County State’s Attorney Jordan Garrison.

The case also spurred Illinois lawmakers to introduce bills to more closely regulate funeral directors and the handling of human remains.

Last month, Gov. JB Pritzker signed the Dignity in Death Care Act into law. The Act mandates funeral directors keep a chain of custody with unique identifiers that stay with the remains to ensure the proper identification of remains through cremation or burial.

Typically, funeral directors consider it best practice to place a titanium medallion containing the funeral home’s name and a unique identifying number with the body when it is picked up and transferred for cremation.

The crematorium keeps a record of the person and number. The medallion stays with the remains through the transfer and the cremation and is typically affixed to the bag with the remains when it is returned to the family.

This tracking system would ensure that the remains given to the family are truly those of their loved ones.

Heinz did not have a crematorium at his funeral home but did contract with at least two local businesses to do creamations. Those crematoriums kept records that Heinz did not have access to, allowing investigators to piece together the identities of some cremains.

Under the new law, a funeral director who makes a false statement on a death certificate, prepares false records or alters the chain of custody records could be charged with a felony.

The new law also mandates that the Illinois Department of Financial and Professional Regulation has 10 days to inspect funeral homes after receiving a complaint.

In Heinz’s case, Morgan County Coroner Marci Patterson filed a complaint against Heinz six months before it was made public by Sangamon County Coroner Jim Allmon. One of Patterson’s deputies went to the Carlinville funeral home and found a decomposing body in an embalming room. Patterson reported it to IDFPR and then tried for months to get the agency to act.

Read more: For at least 6 months, state failed to act on Carlinville funeral director that mishandled remains

IDFPR did not take immediate action against Heinz’s funeral director license because if the agency suspended the license, it would have only 30 days to complete an investigation and go to trial, a spokesperson said.

During that time, Heinz continued to conduct cremations and funeral services.

Heinz surrendered his license last year after Allmon went public during a news conference about what he found at the Carlinville funeral home, including three decomposing bodies. Allmon went to the funeral home after a Springfield hospital called him about a body abandoned in their morgue. When Allmon called the family, they told him that Heinz had already delivered their loved one’s ashes to them.

Allmon then launched an investigation that also resulted in at least nine exhumations, including five at Camp Butler National Cemetery, a resting place of more than 32,000 military veterans.

Capitol News Illinois is a nonprofit, nonpartisan news service covering state government. It is distributed to hundreds of newspapers, radio and TV stations statewide. It is funded primarily by the Illinois Press Foundation and the Robert R. McCormick Foundation, along with major contributions from the Illinois Broadcasters Foundation and Southern Illinois Editorial Association.

Illinois sheriff says he’ll retire by end of month in wake of Massey shooting

A little over a month after the shooting death of Sonya Massey by a sheriff’s deputy, Sangamon County Sheriff Jack Campbell on Friday announced his retirement, effective no later than Aug. 31.

His announcement comes amid intense pressure to resign, including from Gov. JB Pritzker on Thursday.

The Massey shooting raised questions regarding the hiring of Deputy Sean Grayson, who worked at six departments around central Illinois in four years.

Grayson shot Massey on July 6 after she called 911 to report a prowler. Massey was unarmed and in her kitchen when a dispute over a pot of boiling water resulted in Grayson firing three shots, including a fatal shot that killed Massey.

“The tragic death of Sonya Massey has been a heartbreaking event for our community,” Campbell said in a statement released on Friday. “My deepest condolences go out to her family and friends. Since the incident, I have been proactive and transparent, working tirelessly to present all of the facts to the public. I have committed to making changes to our standards and collaborating with other units of government on ways to prevent incidents like this in the future.”

Campbell had not met with the Massey family, an omission that Pritzker called “inexcusable” on Thursday.

“Rather than waiting for others to propose reform of the Sangamon County Sheriff’s Office, Sheriff Campbell should have taken his leadership role more seriously. When we met with Sonya Massey’s family, we heard their pleas and made a commitment to support them in working for justice,” Pritzker said.

Campbell, in his statement, continued to blame Grayson alone for Massey’s shooting. He alluded to threats against his and his family’s lives and threats against other sheriff’s deputies.

“The one person truly responsible for this act is in jail, and I believe justice will be served through the legal process,” Campbell said in the statement.

Campbell, a Republican, was first elected in 2018.

He hired Grayson in 2023, and has said that he had no knowledge of Grayson’s previous trouble at the Logan County Sheriff’s Office.

Previous Concerns

Last month the Logan County Sheriff’s Office released a 2 1/2 hour recording of a disciplinary meeting with Grayson and his superiors.

During that meeting, Grayson was questioned about his accuracy and integrity in reports, including a report regarding a high-speed pursuit, and insubordination. Grayson did not terminate the pursuit after being ordered to stop by his supervisor.

In his application for the Sangamon County position, Grayson gave a reference at the Logan County Sheriff’s Office, but, according to his personnel file, no one talked to his director supervisor or the chief deputy regarding his job performance. The file shows that Sangamon County only interviewed one Logan County employee during its background check process, an investigator whose name was provided by Grayson.

Six months after that disciplinary meeting, Campbell hired Grayson, who was engaged to the daughter of one of his longtime deputies, Scott Butterfield.

A little more than a year into his tenure with Sangamon County, Campbell fired Grayson, citing the criminal charges against him in the Massey case, and his refusal to cooperate with Illinois State Police who were investigating the shooting – a violation of department policy.

Grayson appeared in court on Friday afternoon to renew his efforts for release pending his trial. He cited his need for cancer treatment and personal safety concerns as reasons for his release. His attorneys further stated that he was not a threat to the community as he no longer served as an armed police officer.

The judge disagreed and found Grayson should be held until trial.

Campbell’s retirement announcement came just before the hearing began, ending a 30-year law enforcement career.

“While it is painful to say goodbye, I do so knowing I have fulfilled my duties and served to the best of my ability,” Campbell wrote in his retirement announcement. “I want to express my deepest gratitude to the citizens who have supported me throughout the years. I am forever grateful for the opportunity I had, for the people I met and for this Office that I love.”

He signed the statement simply, “Jack.”

Capitol News Illinois is a nonprofit, nonpartisan news service covering state government. It is distributed to hundreds of newspapers, radio and TV stations statewide. It is funded primarily by the Illinois Press Foundation and the Robert R. McCormick Foundation, along with major contributions from the Illinois Broadcasters Foundation and Southern Illinois Editorial Association.

New report says nurses at Illinois facility forced patients to dig through their own feces

This article originally appeared in ProPublica and is written in conjunction with Capitol News Illinois and Lee Enterprises Midwest

Newly released reports from the Illinois Department of Human Services’ watchdog office reveal shocking instances of cruelty, abuse and poor care of patients who have mental illnesses and developmental disabilities at a state-run facility in rural southern Illinois.

The eight reports, obtained last month under the Illinois Freedom of Information Act, provide new evidence of an ongoing crisis at Choate Mental Health and Developmental Center, which has been the subject of numerous investigative articles by Lee Enterprises Midwest, Capitol News Illinois and ProPublica.

In one report from November, the IDHS inspector general wrote that two Choate employees who had broken a patient’s arm in October 2017 bragged about how staff got away with abusing patients by providing scant details on reports and blaming resulting injuries on accidental patient falls. The staffers also boasted about intimidating and bullying other employees to keep them from reporting abuse and bragged that they retaliated against those who spoke up.

In another report, the inspector pointed to years of concerns about the care provided to patients who have pica, a disorder in which people feel compelled to swallow inedible objects such as coins and zippers.

Several nurses told an investigator that it was common practice to force patients with pica to dig through their own excrement with gloved hands or a spatula to determine whether objects they swallowed had passed, the inspector general found. The investigation was triggered by a complaint to the agency’s abuse hotline made last spring by a facility monitor who observed a patient walk out of the bathroom with a bag of feces. Patients questioned by investigators said they felt disgusted by the practice and viewed it as punitive.

A clinical consultation conducted on behalf of the inspector general found that the practice violated nursing standards and amounted to incompetence on the part of the Choate nursing department. The facility was cited for neglect, though the inspector general did not cite individual nurses for misconduct because the investigation found it was a “widely accepted procedure.” This week, an IDHS spokesperson told reporters that the practice was “limited to the reported incident and was stopped immediately upon discovery.”

In yet another report, the inspector general cited two nurses for neglecting a terminally ill patient in the days before he died in July 2021. One of the nurses failed to properly manage his pain, and the other failed to notify a physician that the patient had lost 21 pounds in one week. These shortcomings caused him to experience pain, emotional distress and further deterioration of his physical health, according to the inspector general’s clinical review. Proper care “could have provided him a higher quality of life and more time with his family,” the report said.

These newly released reports, relating to events that occurred between 2017 and last spring, come on the heels of a series of news stories documenting repeated failures at the Choate facility. In September, reporters found that the IDHS inspector general had investigated more than 1,500 reported incidents of abuse and neglect over the decade ending in 2021, though staff have rarely faced serious consequences.

In addition to the abuse and neglect at the facility, which houses up to 270 people with disabilities, the series revealed a culture of cover-ups at Choate, later confirmed by inspector general reports. The news organizations uncovered workers colluding before being questioned by investigators, obstructing investigations and lying to avoid consequences in abuse and neglect cases. In response to that reporting, Gov. JB Pritzker said the patient abuse at Choate was “awful” and called for change.

IDHS has not disputed the news organizations’ findings and has acknowledged the seriousness of concerns about the facility that date back years. Once again this week, in response to reporters’ questions, the agency detailed some of the steps it has taken to correct poor conditions at Choate, including enhanced staff training on responding to abuse and neglect allegations, campus safety assessments and a partnership with an outside organization to provide additional clinical support for patients who have experienced trauma.

Other findings in the new inspector general reports include mental health technicians who neglected patients and compromised safety by sleeping on the job or failing in other ways to provide proper supervision. In one case from May 2019, two patients who had been left unsupervised each accused the other of rape. In another, a patient was discovered wandering naked outside at about 4 a.m. on a mid-December morning in 2021 when the temperature had dipped into the 30s. And in a third case, a staff member’s failure to provide proper supervision led to one patient assaulting another in June 2022.

Further, an incident in November 2021 extended beyond neglect. A mental health technician was found to have also mentally abused and retaliated against a patient who wet himself after the tech rejected his request to use the bathroom. The worker made the man mop up the mess and tossed his personal letters in the bucket of dirty water, according to the inspector’s report. When questioned by an investigator, one of the patients who witnessed the incident and corroborated the account began to cry and said he “was tired of being abused.”

“Unwritten Rule” to Cover Up Abuse

A patient abuse case from 2017 reflected a broad range of problems that have been documented at Choate. It revealed how some employees hide abuse and obstruct investigations, retaliate against those who speak up and indoctrinate new employees into the cover-up culture. Their actions, the inspector general wrote in his November 2022 report, reflect “a brazenness and sense of impunity amongst certain Choate staff that must be combatted.”

The case involved two mental health technicians who fractured a patient’s shoulder in October 2017 but failed to report it. Nearly five months later, someone called the agency’s abuse hotline and said they had overheard the technicians — Cody Barger and Jonathan Lingle — bragging about breaking a patient’s arm and coordinating their stories to say the patient had fallen in the shower.

That call led the Illinois State Police to investigate. One person told them that he had been interested in working at Choate but had confided to Barger that he was not confident he could handle the residents. He said Barger told him it was easy “to get around stuff,” for instance by claiming the patients had injured themselves.

Another worker told police that Lingle had instructed him to disregard most of what he would learn in training, saying that he should fill out injury reports with minimal details and abide by the “unwritten rule” that staff cover for each other.

But in this case, the staff culture of complicity went even further. Months later, a security officer at the facility told Barger who had called in the complaint against him. Two days after that, he showed up at his then-fiancee’s house, yelling at her for reporting him, knocking her down and daring her to kill herself before shooting an AR-15-style rifle twice into the air, according to police records. The woman’s young son called 911. The security officer who disclosed the identity of the person who reported Barger to the inspector general’s office was initially charged with felony official misconduct, but her case was dismissed; she received more than $65,000 in back pay.

Barger and Lingle were fired from Choate in 2018 for unrelated misconduct. Both men were criminally charged in the injury case, not with battery, but with obstruction. They each pleaded guilty and received probation. Both men agreed not to seek employment in a health care setting. In the administrative review, the inspector general ruled that claims that both men had physically abused the patient were substantiated. Attempts to reach Barger and Lingle by phone, via Facebook messages and through their attorneys were not successful.

The case prompted Peter Neumer, the IDHS inspector general, to issue recommendations to combat Choate’s “cover-up culture,” including subjecting employees to consequences for retaliatory threats or behavior. He also reiterated his repeated request for Choate to install cameras.

The IDHS spokesperson said the agency protects employees who report misconduct, and that “instances of retaliatory threats or behavior are investigated and administrative actions taken as appropriate.” She said that IDHS is in the process of installing cameras at outdoor locations across the campus and in some interior public spaces.

More broadly, the troubles at Choate have led to calls for reform from advocacy organizations, the IDHS inspector general and the governor. Last month, Pritzker renewed demands that Choate clean up its act or face closure.

“We obviously want to make sure that we’re keeping everybody safe in these facilities,” Pritzker said at an unrelated news conference in January. “And if we can’t — and I’ve said this before — then we shouldn’t have that facility open.”

Stacey Aschemann, a vice president with Equip for Equality, a legal advocacy organization that has been appointed to monitor troubled state facilities including Choate, said the most recent reports of misconduct were “very disturbing and at times chilling to read.” Staffers’ actions, she said, were inhumane, set individuals back in their treatment and, in some cases, caused lasting harm.

“The large number of staff involved in these multiple substantiated OIG reports reveals a concerning trend indicative of a culture problem at the facility,” she said.

Chilling 911 call provides rare glimpse into abuse at troubled Illinois residential facility

ProPublica is a Pulitzer Prize-winning investigative newsroom. Sign up for The Big Story newsletter to receive stories like this one in your inbox.

ANNA, Ill. — The disturbing 911 call began with sounds of a struggle, then a voice that sounded like a child’s cried out, “Let me go.” When the police dispatcher in the rural southern Illinois community announced herself, no one responded.

She heard other voices, laughing and taunting, then a female voice said, “You want me to break your other finger?”

There was shouting, and someone crying “Let me go” at least a dozen more times.

At one point the victim — who was later identified as a 22-year-old resident of the Choate Mental Health and Developmental Center — said “I don’t like you.”

“I don’t give a shit,” a woman responded.

Almost five minutes passed on the June 2020 call before the dispatcher got the attention of someone on the other end of the line. Then the connection went dead.

With the audio recording in hand, the Illinois State Police launched an investigation. They learned that the call was made as Choate employees attempted to restrain a patient: A smart watch jostled in the struggle had accidentally dialed emergency services. They discovered that the voice heard pleading for help belonged to Alijah Luellen, who has Prader-Willi syndrome, a genetic condition that can cause severe childhood obesity, intellectual disability and behavioral problems. They also discovered that the other voices belonged to the employees paid to care for him.

Nonetheless, such incriminating evidence was not enough to hold anyone accountable.

Such failures of accountability at Choate, which is run by the Illinois Department of Human Services, do not begin or end with the 911 call. Reporting by Lee Enterprises Midwest, Capitol News Illinois and ProPublica reveals a culture of cover-ups that makes it harder to reform the 270-bed developmental center for people with intellectual and developmental disabilities and mental illnesses. In dozens of cases, records show that Choate employees have lied to state police and to investigators with IDHS’ Office of the Inspector General; walked out of interviews, plotted to cover up or obfuscate alleged abuse and neglect; and failed to follow policies intended to protect the integrity of investigations.

The findings follow stories by the three news organizations last month that exposed abuses patients have suffered at Choate. In response to those articles, Illinois Gov. J.B. Pritzker issued a warning to state workers: Put an end to “awful” abuses or the state may be forced to shut the facility down.

IDHS did not dispute any of the news organizations’ findings, and it said in a statement that the agency requires employees to cooperate with OIG investigations and trains them on the need to be truthful with both the OIG and state police. Similarly, IDHS trains staff on preventing and reporting abuse and neglect on at least a yearly basis.

But as the 911 incident reveals, cleaning up the facility’s practices may not be easy.

When police questioned several of the employees on shift that night, they all told the investigators that they believed it had been a routine restraint, something they did to Luellen several times a week. One worker also said the order for strapping Luellen to his bed was made after the patient was “verbally uncooperative” and reached for the shirt of an employee who told him he couldn’t stay up and watch TV after 10 p.m., according to the police report. Records show he remained in restraints for two hours. During a medical examination after the incident, a doctor found tenderness in his finger and bruises on his upper body.

The investigators played the audio recording of the 911 call to each employee and wrote down their reactions. According to notes from their interviews, one worker acted nervous and told them all the shouting was making her anxious; another told them he wished that they didn’t have the audio because it “sounds bad.”

Yet they all claimed they couldn’t recognize the voice of the worker who threatened the patient on the 911 call.

In addition, two employees cut their interviews with investigators short and walked out. (Law enforcement cannot compel employees to answer questions, according to state police; IDHS said that employees’ participation in criminal investigations is not mandated as a condition of employment.) Another employee, in internal paperwork, initially stated he assisted in the restraint. He later told police he had falsified the paperwork and wasn’t actually in the room, according to the police report.

The victim’s statement also wasn’t helpful in making the case: Because of Luellen’s severe speech impediment, state police investigators asked him to write down the initials of anyone who hurt him. He returned to them a page of illegible scribbles.

This June, two years after the incident, the Union County prosecutor declined to bring charges, citing insufficient evidence. State police interviewed six mental health technicians and one nurse who were working on the unit that night. Two of the mental health techs who participated in restraining Luellen were trainees; one was fired and the other resigned. Two permanent employees have been on paid administrative leave since the incident. None of the permanent employees were fired. The nurse who ordered the restraints left Choate in December 2021 and accepted a new job with the Illinois Department of Veterans’ Affairs.

Reporters obtained a copy of the 911 call by making a Freedom of Information Act request to Union County and provided the agency a copy of the recording and questions about their handling of the case. But when asked about the recording, the agency spokesperson said senior officials had not listened to the 911 call and that it couldn’t be released to them because it was part of an ongoing OIG review. That review could lead to discipline against employees.

Benita Hunter, Luellen’s aunt and legal guardian, also received the recording from reporters; hearing it for the first time left her stunned and heartbroken.

“They’re supposed to be there to support and help the clients that they have coming in,” Hunter said. “Alijah, he wouldn’t be able to explain everything because of his developmental delays, and they know that. He cannot defend himself and speak against them.”

Elusive Justice

While audio evidence of abuse is rare, the actions taken by Choate staff in the aftermath of the investigation were not.

The OIG cited Choate employees in more than four dozen cases between 2015 and 2021 for lying or providing false statements to OIG investigators; for failing to report an allegation within four hours of its discovery, as is required by law; and for other failures to follow department policy concerning the reporting and investigation of abuse and neglect, according to an analysis of OIG records by the news organizations.

Of the 1,180 allegations of abuse and neglect made during that time frame, OIG ruled that only a tiny fraction were substantiated — meaning that it found credible evidence to support the allegation. But records and interviews make clear that investigatory missteps and lack of employee cooperation can quickly derail an investigation.

Stacey Aschemann of Equip for Equality, a disability rights legal aid organization that officially monitors the facility for the state, said, “We commonly observe that no staff saw or heard anything, which is unlikely.”

She added, “We have reason to believe that there are multiple cases that would have been substantiated if additional evidence had been available.”

In an interview, Union County State’s Attorney Tyler Tripp said he was disturbed by the 911 recording in which Luellen was threatened. He was also troubled by the fact that he couldn’t make a case. He kept it open for two years, he said, hoping someone would come forward with more information.

It’s not the only case in which he has encountered stonewalling that has made prosecution difficult.

“In these types of situations, a select group of bad actors coordinate in anticipation of an investigation to get their stories straight, to obscure evidence and to frustrate the investigation,” Tripp said.

He said investigations are typically stymied if patient testimony is not corroborated by employee witnesses. In addition, he said, some patients aren’t even able to tell police what happened. Nearly 15% of residents at Choate have a developmental disability that is diagnosed as severe or profound, and about 10% are nonverbal.

Another case from the same year that has languished on Tripp’s desk involves a resident who alleges a Choate employee wrapped a towel around the patient’s neck until he passed out, according to two people who are intimately familiar with the investigation but not authorized to comment on it. A different staffer discovered the patient unconscious with a red mark on his neck.

The accused employee denied the accusation and refused an interview by police. Other employees claimed they didn’t know what happened.

Tripp has yet to make a decision on whether he will press charges, and he declined to comment on the details of the case. He said that in general, when he delays a decision, it’s because an investigation has brought forth some evidence but not as much as is needed to successfully prosecute a case.

Though uncooperative facility staff had long frustrated state police investigations, administrators became the target of an investigation in January 2020. It started when two employees reported that they witnessed a colleague, Kevin Jackson, remove his belt and repeatedly use it to whip a female patient. The employees, who worked in a neighboring building, reported that they saw the assault through the victim’s bedroom window.

After an OIG investigator notified state police of the allegation against Jackson, assistant administrators Teresa Smith and Gary Goins looked at the investigatory file and then sent a psychologist to speak with the patient while the police were still on their way, according to then-security chief Barry Smoot, in his testimony before a Union County grand jury. After the police arrived, the victim said that someone other than Jackson had hit her.

Longstanding OIG policy had prohibited administrative involvement in abuse and neglect investigations to avoid conflicts of interest. According to Smoot, facility director Bryant Davis also accessed the file, along with Smith, on a different occasion. And state police Sgt. Rick White testified before a Union County grand jury that the administrators’ interventions were unusual and threatened to derail the investigation, court records show.

Jackson, the mental health tech, pleaded not guilty to a felony battery charge and his case is pending. The administrators were also initially charged with felony official misconduct; the state’s attorney withdrew those charges but left open the possibility of filing new ones.

Senior department officials have defended the actions of the Choate administrators. Attempts to reach the administrators for comment, including facility director Davis, were not successful. Jackson declined to comment.

State Sen. Terri Bryant, a Republican from Murphysboro whose district includes Choate, said she was alarmed by the department’s handling of this case. Shortly after the reported assault, Bryant said, she received a call from a worker informing her that employees had placed paper over the windows on the unit where the incident occurred.

Bryant said she went to see it for herself, then called an IDHS administrator in Springfield to inquire about it. He called the facility and was told the paper had been taken down. He relayed that information to Bryant. But Bryant said she was sitting outside the building when he called her back and could see from her car that it was still up. In August, 20 months after the assault, the paper was still there.

An IDHS spokesperson said, “At times, paper was on windows because the window fixtures were on order. The paper would have been for privacy in resident bedrooms.”

Few Consequences

Serious consequences in cases of abuse and misconduct are rare. The Illinois State Police opened at least 40 investigations at Choate over the past decade. Of those, 28, including Luellen’s case, did not result in any criminal charges, with the Union County prosecutor most frequently citing insufficient evidence as the reason for not moving forward. The other 12 investigations resulted in felony charges against 26 employees, with most pleading guilty to misdemeanor charges or having their cases dismissed entirely. (A few are pending.) Only one employee was convicted of a felony — for hiding evidence, rather than for the underlying abuse. To date, no one has served prison time.

Beyond the lack of criminal sanctions, employees are also rarely fired for misconduct, including actions that obstruct investigations. According to a review of records where OIG cited Choate for problems, by far the most common response to the deficiencies cited was a recommendation for “retraining.” The response was included in cases where OIG cited employees for lying or otherwise impeding an investigation. One former official at Choate said the department’s retraining amounted to providing employees with a policy document and having them sign a form saying that they’d read it.

In one 2016 case, Choate planned a training for the entire staff that addresses “late reporting of abuse/neglect, staff members encouraging, bribing or coercing individuals regarding OIG investigations and obstruction with an ongoing OIG investigation,” IDHS records show. The department redacted details about what prompted the retraining.

In 25 cases, the department acknowledged a need to retrain workers in how to treat Choate’s clients with “dignity and respect.” IDHS’ policy for employees demands that they do not engage in dehumanizing practices, such as cursing, yelling, mocking or other cruel treatment.

Though the details of incidents were redacted in most of these cases, employees have been cited by OIG in recent years for using racist, homophobic and derogatory language toward people with disabilities, including calling them “retards.”

Code of Silence

C. Thomas Cook, who has worked with people with developmental disabilities for more than 50 years across four Midwestern states, including Illinois, said that it’s not uncommon for employees in large facilities like Choate to close ranks and protect one another in the face of abuse allegations.

When the code of silence is deeply entrenched, Cook said, it takes far more than retraining to change the culture. Things like cameras and monitors can help, Cook said, but employees also need to know that they will face strict sanctions, including criminal charges and dismissals, if they cover for abusive colleagues.

“There are ways to disrupt that code of silence,” Cook said. “It’s the responsibility of the people who run the programs to do it.”

It's especially problematic, he said, in communities where the employees are part of a tightly knit population with a common interest in protecting each other.

That characterization could perfectly describe the facility in rural Anna, a town with a population of about 4,200. Reporters identified numerous instances in which investigations involved two or more suspects who were relatives, friends or in romantic relationships with one another, according to the police records.

In one case, a Choate social worker offered to help police interview patients during an abuse investigation, but then police discovered she was the girlfriend of the technician who was the target of the investigation. Two recently charged employees are relatives of the current acting security chief, whose job is on the front line of investigations. He declined to comment. This August, a senior IDHS official grew concerned enough about the familial relationships between security officers and the employees they were investigating that he sent an email to select staff reminding them of the need to recuse themselves to avoid even the appearance of a conflict of interest, emails obtained by reporters showed.

When a facility is critical to a struggling local economy, Cook said, that can compound the incentives to cover up misconduct. Choate serves the poorest part of the state, and the facility has been Union County’s largest employer for decades. A former administrator once told The Southern Illinoisan that if Choate wasn’t there, “Anna would dry up and probably blow away.” The facility has employed generations of the same families, including that of longtime Anna Mayor Steve Hartline, whose mother and father worked there while he was growing up.

Hartline went on to serve for decades as head of security at Choate, where his officers were the first line of inquiry when there was an allegation of patient mistreatment. Hartline said he believed the scrutiny resulting from the recent staff arrests has given Choate an unfair bad rap; he rejected the premise that employees were protecting each other.

“There’s no such thing as a code of silence at Choate. If there is something found, such as a broken policy, it’s duly noted and dealt with by administration and labor relations,” he said.

But Hunter, Luellen’s aunt, said that it was upsetting that the employees who threatened and mocked her nephew did not face serious consequences for their behavior. Luellen has since moved to a different state-run center about 100 miles north. But during the more than two years the young man lived at Choate, Hunter said she believed staff restrained him too often and failed to teach him skills to manage his behavior. Every time she spoke with staff, “they promised that he was getting the utmost care,” she said. “But my heart and my spirit was not telling me that he was actually receiving that from them.”

The Numbers Behind Choate’s Cover-Up Culture

Between 2015 and 2021, the Office of the Inspector General for the Illinois Department of Human Services received 1,180 allegations of abuse and neglect at Choate. But late reporting, uncooperative employees, lack of video evidence, conflicting witness accounts and other investigatory missteps can result in the OIG being unable to obtain enough evidence to substantiate an allegation — even when there are unexplained patient injuries.

We requested these records, but OIG refused to send them all, citing state law that prohibits the release of details from unsubstantiated cases. They did send a stack of information from that same time period regarding substantiated cases, along with records from 184 cases in which the OIG identified problems and asked Choate administrators to respond with their plans for remedying the situation. These are cases in which OIG flagged serious issues, although they may not have had enough evidence to support the allegation.

The files they sent are a record of Choate’s required responses. Most of them were heavily redacted, but they offered a window into some of the problems OIG investigators face at Choate:

• In 29 cases, Choate administrators acknowledged that employees failed to follow department policy concerning the reporting and investigation of abuse and neglect.

• In 11 instances, Choate employees failed to report an allegation of abuse or neglect within four hours of discovery, as the law requires.

• In nine cases, the OIG found that employees lied or provided false statements to investigators.

• In more than one-third of the 184 cases where the OIG asked for a response, the only recommendation from Choate officials was to “retrain” employees.

• In 14 cases, employees were discharged, terminated or suspended.

Ultimately, the OIG revealed that over the seven years for which we requested data, it was only able to substantiate 48 cases — roughly 4%.

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