[Congressional Record (Bound Edition), Volume 145 (1999), Part 20]
[Extensions of Remarks]
[Page 29640]
[From the U.S. Government Publishing Office, www.gpo.gov]



THE REINTRODUCTION OF THE PRIVATE BILL FOR THE BENEFIT OF ADELA BAILOR 
                           AND DARRYL BAILOR

                                 ______
                                 

                           HON. JULIA CARSON

                               of indiana

                    in the house of representatives

                      Wednesday, November 10, 1999

  Ms. CARSON. Mr. Speaker, today I am reintroducing legislation that 
would provide for private relief for the benefit of Adela Bailor and 
Darryl Bailor. As you know, private relief is available in only rare 
instances. I believe that the circumstances surrounding the Bailors' 
case qualifies under the rules for private legislation.
  The facts surrounding this case are clear and undisputed. Adela 
Bailor, while working for Prison Fellowship Ministries in Ft. Wayne, 
Indiana, was raped on May 9, 1991, by a federal prisoner who had 
escaped from the Salvation Army Freedom Center, a halfway house in 
Chicago, Illinois.
  What makes the Bailors' case special is that they were caught in a 
legal catch-22. The Bailors' filed suit against the Federal Bureau of 
Prisons and the Salvation Army, which ran the halfway house to which 
Mr. Holly was assigned.
  One of the requirements for all inmates at a halfway house is that 
they remain drug free and take a periodic drug test. Mr. Holly had a 
history of violence and drug abuse including convictions for possession 
of heroin. On May 6, 1991, Mr. Holly was called into the Salvation Army 
office and was told that his drug test was positive for cocaine use. 
The Salvation Army had the option of informing Mr. Holly of the failed 
drug test with a U.S. Marshal present, but chose not to. When advised 
of his drug test failure, Mr. Holly simply announced that he was ``out 
of here'' and walked through the unlocked door.
  In the lawsuit, the Bailors' lost on a legal technically. The 7th 
Circuit Court of Appeals recognized this technicality. The technicality 
was that, under law, apparently, no one had true custody of William 
Holly. The Federal Bureau of Prisons had legal custody of William 
Holly, but not physical custody. The Salvation Army had physical 
custody of William Holly, but not legal custody. Recognizing that this 
was legally untenable, the 7th Circuit recommended that Ms. Bailor 
apply to Congress for private relief.
  I ask that my colleagues join in this effort to eliminate this gross 
injustice for Adela Bailor and Darryl Bailor. If we believe in victims' 
rights, then we must hold those who are responsible for the 
incarceration of violent criminals accountable for such conduct. Adela 
Bailor is an honorably-discharged Marine Corps veteran. At the time of 
the attack, she was helping to make this country a better place. We 
cannot, and should not, turn our back on her because of some legal 
loophole.
  the 7th Circuit has reviewed this case fully and has made its 
recommendation. Although Congress is not bound by such recommendation, 
Congress should give great deference to the legal analysis by the 7th 
Circuit, which has determined that Adela Bailor and Darryl Bailor fall 
into an unusual legal situation.
  Mr. Speaker, I urge you and all of my colleagues to support this 
legislation so that we may rectify a great wrong.

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