6 prison workers to face discipline in killer’s escape

The state official said the killer wouldn’t have
escaped if prison workers had followed policies.

ALBION, Pa. (AP) — The negligence of jail officials allowed a convicted murderer serving a life sentence to escape from a medium-security prison by hiding in a trash can, the head of the state prison system said Thursday.

At least six prison workers will face disciplinary action as a result of the Nov. 25 escape of Malcolm Kysor, including the superintendent who was relieved of her duties earlier this month, said Corrections Secretary Jeffrey A. Beard. Officials have not decided what disciplinary action to take.

The escape would have been prevented if employees had been following state policies and the internal procedures of the State Correctional Institution at Albion, Beard said.

“The escape should not have occurred,” Beard said after releasing a 67-page report. “It shows complacency ... If people had done what they were supposed to do this would not have happened.”

The 5-foot-8 Kysor, who had been serving a life sentence since 1988 for an Erie County murder in the early 1980s, remained on the loose Thursday.

The FBI indicated a few days after the escape that it was likely Kysor was in Indiana or Minnesota where he has family. Beard said police do not know where he is.

Kysor, 53, escaped from part of the prison’s kitchen that was off-limits to prisoners sentenced to life. He worked in the kitchen and had volunteered to work that day. Two food service workers who allowed him to enter the area are among those who will be disciplined, Beard said.

From that area, Kysor was able to see that a checkpoint used to dispose of trash and other items was operating during the weekend, a violation of prison policy, Beard said. Another inmate, John Gromer, helped Kysor get in a trash can, covered him up and loaded the bin onto a pickup truck, officials said.

Based on interviews with Gromer, the report said, Kysor spent “considerable time” watching checkpoint operations and had performed garbage duties many times before. Kysor also told another inmate that if the same sergeant was working that day, it was “good for him,” the report said.

Erie County District Attorney Brad Foulk has said Gromer, 26, could be charged by Christmas for assisting in Kysor’s escape. A message left with Foulk’s office was not immediately returned Thursday.

When the truck with the trash bin arrived at the port, the sergeant guarding the area did a cursory check of the car, failing to prod the inside of the trash bin with a metal rod or use a heartbeat detector in the search, Beard said. The sergeant also faces disciplinary action.

The investigation also revealed that the superintendent, Marilyn S. Brooks, had not been carrying out proper tours of the institution, Beard said. Brooks, who is currently on sick leave, will no longer be superintendent, he added.

Finally, officials did not confirm that Kysor escaped until they reviewed the surveillance tape around 8:30 p.m. — nearly five hours after the escape. Brooks was not informed until about 6 p.m.

Beard said that notification delay was not as excessive as it seemed because officials did not know Kysor had escaped until inmate counts showed he was missing.