Contraband concerns cited for refusal to transport yarmulke-wearing Westmoreland inmate
Concerns that contraband could be smuggled into the Westmoreland County Prison led officials to deny the scheduled transfer of a yarmulke-wearing inmate to the courthouse this week.
After nearly two days of silence, county commissioners emailed a brief, two-sentence statement Tuesday night.
They confirmed that Kort Noel Eckman was held at the jail because he refused to remove his skullcap worn for religious reasons before being transferred.
“Due to concerns with contraband being brought into the prison, the prison limits what items may be transported with inmates to court or hearings. Prior to Monday’s hearing in this matter, the prison had offered to discuss a compromise concerning the inmate in question,” according to the statement issued by commissioners.
Eckman, 49, of Mt. Pleasant, identifies as Jewish and wears a yarmulke inside and outside the jail in Hempfield as part of his religious beliefs, said defense attorney Tim Andrews.
Warden Steve Pelesky did not respond to repeated requests for comment.
County officials did not say what specific contraband they feared could be brought into the prison under a yarmulke, a small and usually round cloth worn atop a person’s head.
Sara Rose, deputy legal director for the American Civil Liberties Union of Pennsylvania, questioned the county’s legal justification for refusing to transport Eckman less than 3 miles to his hearing. She said federal law protects an inmate’s right to practice their religion and requires jails and prisons to demonstrate a compelling reason to prevent a person from wearing a yarmulke in jail or during transport to and from the facility.
“The burden is on the jail to show this is a security risk. I can’t think of any way it is a security risk,” Rose said. “It’s really tough to defend the jail on the merits of this case.”
According to documents obtained by TribLive, yarmulkes are not specifically mentioned as items that inmates are permitted to possess or wear in the county jail. Inmates are entitled to have “religious reading material” and medallions and have access to Bibles, according to the county’s inmate handbook.
Andrews said Eckman observes Jewish traditions, wears a yarmulke at all times and adheres to a kosher diet outside the jail. Eckman wore a yarmulke during at least two prior court hearings, according to his lawyer.
Bryan Kline, who served as Westmoreland County’s jail warden for more than two years until his resignation in 2023, now works as an assistant professor of criminal justice and security studies at Colorado Technical University. He said Wednesday that the county’s explanation for its refusal to transport Eckman does not pass muster.
“A pat-down is completed when an inmate returns to any correctional facility. Then another should occur when the inmate returns to a housing unit. This is a standard process at every correctional facility,” Kline said. “The greater concern from this situation … is the impeding of justice and the violation of religious rights that potentially occurred.”
Eckman is awaiting a possible trial in September.
Prosecutors say he stabbed his mother, Rose, as many as 20 times on Oct. 3, 2023. She told authorities that her son believed she was a Nazi war criminal when he jumped on top of her while she was in bed and repeatedly stabbed her in the chest, according to court records.
Eckman’s case had been delayed for months amid concerns about his mental health and to accommodate legal arguments over a potential insanity defense at his trial. Andrews said Eckman was to consider accepting a plea deal at this week’s court hearing.
Following Eckman’s aborted hearing, Common Pleas Court Judge Scott Mears ordered that he be brought to the courthouse for another hearing July 25.
“The defendant is to be transported to court even if he wears a yarmulke,” Mears wrote.
Rich Cholodofsky is a TribLive reporter covering Westmoreland County government, politics and courts. He can be reached at rcholodofsky@triblive.com.
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