BANGOR – A Penobscot County jail inmate who has refused to eat for more than two weeks sipped a small amount of orange juice Sunday, but still hasn’t had any food.
Medical personnel at Eastern Maine Medical Center refused Friday to force-feed James Emerson, 23, despite a temporary restraining order signed by Superior Court Justice Andrew Mead requiring that Emerson be fed.
“They have their own processes, laws and philosophies,” Penobscot County Sheriff Glen Ross said Sunday. “I don’t claim to understand that, I just know that my responsibility is to protect the safety of inmates in my care.”
A spokesperson for EMMC said Friday that, in general, hospitals perform procedures only with the permission of the patient. “We are not parties to court orders; we are under a different set of obligations,” said Jill McDonald.
Emerson was returned to Penobscot County Jail where he remained Sunday being closely monitored by jail staff.
Mead’s order apparently set precedent in the state for the force-feeding of an inmate.
“We’ll be headed back to the hospital sometime in the near future,” Ross said. “A medical decision again has to be made.”
He intends to consult with his own medical staff today, who previously stated that Emerson needed medical attention.
“I’ll be following their advice,” Ross said.
The Rev. Bob Carlson, the jail chaplain, also visited with Emerson Saturday and Sunday.
“I don’t know how it will turn out,” Ross said. ” We’re going to talk to the jail medical staff [today].”
When asked if he had considered taking Emerson to St. Joseph Hospital in Bangor to see if they would treat him, Ross said he wanted to give EMMC a chance to consider its options.
“That is an option that could be explored,” Ross said. “[But] EMMC is a trauma center. Right at the moment it seems like that’s the appropriate place to go.”
The court order grants complete immunity for any civil or criminal liability to whoever performs the procedure.
“EMMC attorneys were present and participated in making sure the language that they wanted was in the court order,” Ross said. Still, EMMC medical personnel examined Emerson for several hours Friday night, but decided not to force-feed him and sent him back to jail.
Emerson was one of five people who were charged with a burglary in Corinth on April 27. The burglary led investigators to a Bangor apartment where a methamphetamine laboratory was under development, authorities have said. He faces eight or more years in prison.
The inmate, who says he wants to die, has lost more than 25 pounds after eating only minimal food and water for more than two weeks.
“I’m sure it will work out over time, but I am concerned,” Ross said.
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