U.S. MARSHALS "CON-AIR" OR "AIR SARS" ? -- Black Marshal Relieved Of Command Over Suspected SARS Prisoner

On May 2, 2003, Senior Aviation Enforcement Officer Leroy Kelly on the JPATS flight known as "CON-AIR" contacted his USMS superiors to inquire about transporting a prisoner suspected of SARS from Chicago's O'Hara Field to El Paso, Texas. Kelly who supervises other marshals on the flight became alarmed when INS agents arrived at O'Hara Field with a Chinese National prisoner scheduled for CON-AIR transportation - all wearing protective mask and gloves.

The INS prisoner had entered the US from China via a commercial airline and was being detained as an illegal alien who required special attention after traveling through an area in Hong Kong infected with SARS. A JPATS flight nurse indicated the prisoner was an extreme health risk showing an elevated temperature with chills and had not completed an incubation period (7-10 days) for persons suspected of SARS.

After extensive conversations with USMS officials at CON-AIR Headquarters in Oklahoma City, Kelly was ordered to transport the prisoner to El Paso. A short time later, the flight crew decided not to fly on the same plane with the ailing prisoner. Subsequently, INS agents drove away with the prisoner.

When marshal Kelly returned to his home base at CON-AIR operations in Louisiana, he was relieved of his duties and is the subject of an investigation over the incident. The flight nurse was reassigned. Kelly has sought ‘whistle-blower' protection from the 'Office of Special Counsel,' filed an 'Unfair Labor Practice' with the U.S. Marshal's Union and an agency grievance for retaliation.

Matthew Fogg, a Supervisory Inspector Deputy U.S. Marshal(Inactive) said, there were no protective masks available nor JPATS policies on the plane for handling prisoners suspected SARS. Fogg has no further information on whether or not other prisoners suspected with SARS had been previously transported to other US destinations on JPATS flights.

                        



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