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Family of slain corrections officer considers lawsuit

Slain corrections officer Joseph Gomm's two sisters and their husbands appeared with attorney Michael Padden after court to make statements on his murder, and set the stage for a potential lawsuit against the State of Minnesota and its Department of Corrections.
Attorney Michael Padden is flanked by Joseph Gomm's sisters Angie Wood (keft) and Audrey Cone (right) and their spouses.

STILLWATER, Minn. - The Stillwater prison inmate accused of killing a corrections officer made his first appearance in Washington County District Court Friday on two new charges of first degree murder.

There were no surprises in the courtroom as Edward Johnson entered no plea in the violent beating death, and the indictments were officially unsealed. Johnson waived his right to a speedy trial and an omnibus hearing was set for early November.

Edward Muhammad Johnson was already serving a sentence for second degree murder when he allegedly killed a corrections officer behind the walls of Stillwater State Prison Wednesday.

The intrigue came after the court session, when Gomm's two sisters and their husbands appeared with attorney Michael Padden to make statements on the case and set the stage for a potential lawsuit against the State of Minnesota and its Department of Corrections.

"Joe lived in fear. The hierarchy of the prison seemed ambivalent about CO safety," Padden read in a statement attributed to Gomm's family. "He was extremely worried about workplace safety at Stillwater Prison and said this to his family and friends, and I quote: “It’s going to take one of us to die before any changes become reality.”

Stillwater state prison corrections officer Joseph Gomm. (Photo courtesy: Joseph Gomm's family)

Padden emphasized that no decision has been made at this date whether a lawsuit will be filed against the state. It was clear, however, in the answers he and Gomm's sisters gave to reporters that they believe the state did not make conditions safe for Joe and his coworkers.

"He was scared... he was nervous," shared sister Audrey Cone of St. Francis, her voice breaking. "He told me every day he goes to work there was a chance he'd never come home." Cone talked about how Joe didn't like to go to Twins games, the State Fair or other events where large numbers of people gather because he was afraid he'd run into a former inmate. She described how one of Gomm's coworkers ran into a one-time inmate at the fair one year and was badly beaten.

Padden said he and the family believe Joseph Gomm's death will spur change in the DOC and increase safety measures for corrections officers working in state prisons, but regret those changes will come too late for Joe.

"I think if you talk to former corrections officers who were prior employees of the DOC system, I think you're going to find out... that there have been concerns for a long time," Padden asserted. "Staffing concerns, etc. So I think it's obvious things are going to happen now, but it's just unfortunate it took the loss of a life."

Padden says no decision will be made on whether a lawsuit is filed until after Johnson's trial is held, and the complete investigation by the Minnesota Bureau of Criminal Apprehension completed.

Below is the statement from the family of Joseph Gomm, in its entirety.

Joe Gomm’s death highlights for all Minnesotans the debt of gratitude that can never be repaid for correctional officers who put their life on the line every day dealing with men who are convicted felons.

The family wants to thank the AFSCME Union, Council 5, and president John Hilyard for their tireless efforts to do all possible to improve work conditions for CO’s and their strong advocacy since Joe lost his life. This has meant a great deal to Joe’s family in this difficult time of sorrow.

The family wants to thank Peter Orput, Washington County D.A., for his hard work and that of his staff to ensure that justice prevails in the case of State v Johnson. They are confident there will be justice.

They also want to thank Joe’s friends, coworkers, and former COs, including COs from around the country whose support has meant everything to them.

When a lawyer is retained in a high profile case like this, it is presumed a lawsuit will be commenced that seeks millions of dollars. I have been asked – and my primary job at this time – is to ascertain all facts that led up to this tragedy. We are in an investigation phase at this point, and no decision has been made as to whether there will be a lawsuit, who will be sued, etcetera.

Certainly, due to the hard work of the media, facts have come out that are extremely disturbing, and believe me, we have been paying attention. Our investigation will take months, and no final decisions will likely be made about litigation until after the Johnson criminal case is over, and the BCA investigation is complete.

Joe lived in fear. The hierarchy of the prison seemed ambivalent about CO safety. He was extremely worried about workplace safety at Stillwater Prison and said this to his family and friends, and I quote: “It’s going to take one of us to die before any changes become reality.”

We think that says a lot. In essence, Joe was a sitting duck, and he knew it. It seems clear that with his history of disciplinary problems and, for example, his assault of a jail guard back in 2002 at Hennepin County, Edward Johnson was an angry, ticking time bomb who could explode at any minute. Why something substantive was not done about that before July 18 is difficult to comprehend.

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