Clayton County Medical Examiner’s Office sees progress in obtaining jail death record

CLAYTON COUNTY, Ga. — It looks like going to court against the Clayton County Sheriff’s Office may be working for the County Medical Examiner’s Office there as it pushes to get records concerning a death in the troubled county jail.

Channel 2′s Mark Winne has learned the victim’s mother is still frustrated.

“I feel sad. I’m mad. I, I just haven’t had any closure. And it’s hard. It’s hard to work and pretend like everything’s okay,” Tracie Emerson said.

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Emerson indicated she’s glad records pertaining to her son Alan Willison’s death in the Clayton County Jail may, at last, be forthcoming from the Clayton County Sheriff’s Office after legal action by the Clayton County Medical Examiner’s Office seems to have shaken them loose, but that her son’s death remains with her every day.

Emerson said she’s frustrated the sheriff’s office records weren’t sent sooner.

She said Willison died Jan. 27 while in jail on a forgery charge he denied.

“Those records should have been done a long time ago. It doesn’t take this long to provide what is asked or needed,” Emerson said.

Clayton County Medical Examiner’s Office Director Brian Byars said an email last week from attorney Jack Hancock, representing the sheriff’s office, said, “I plan to be able to have the documents to you by next Friday.”

“Luckily they do have an attorney that’s been pushing the process along. It seems like. But of course, it’s up to their client, his client, to fulfill that request,” Byars said.

Another email indicates Hancock said, “I have spoken with counsel for CorrectHealth and hope to have their documents mid-next week.”

Byars said he appreciates Hancock’s assistance, but CorrectHeath, the jail’s medical vendor, has already provided records.

“We sent over a subpoena in the evening time and it was fulfilled by lunch the following day,” Byars said.

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Byars said his office, frustrated by three attempts dated Feb. 1, 2, and 7 to subpoena documents he believes the sheriff’s office, which runs the jail, has got an attorney to file a petition for mandamus “asking that the Court Order the Clayton County Acting Sheriff to comply with the 3rd request, subpoena to produce documents.”

What looks like an email chain indicates on Feb. 3, Sheriff Levon Allen wrote, “Please look into this for Director Byars.”

Byars said that the email was directed to one of the sheriff’s subordinates.

“We sent three separate subpoenas. We were told a couple of times that our documents were ready. And when we went to try to go retrieve them, they acted like they had no idea of what we were there for. And then we were contacted another time that medical records were ready. And then we were told they would not fulfill the request,” Byars said.

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Byars said Willison apparently suffered from stage four testicular cancer.

“More than likely, it probably will turn out to be a natural. The question is, was there any circumstances of medical neglect? And that’s something we would obviously like to look at also,” Byars said.

Winnie has tried to reach Sheriff Allen Monday for comment by phone, text, and email.

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