Susanne Cervenka

@scervenka

A surveillance video released Friday shows up to a dozen guards restraining a Monmouth County Jail inmate who died within hours of the altercation in 2010.

The Asbury Park Press obtained a copy of the footage, which was captured by five different security cameras within the Freehold correctional facility, from the U.S. District Court in Trenton, where county officials had sought to keep it under seal.

The video is a part of a wrongful death civil lawsuit filed by the father of the inmate, Amit Bornstein. Authorities who investigated his death say jail guards acted within reason. But Bornstein's father and lawyer claim in the lawsuit that the 22-year-old aspiring professional poker player from Marlboro was "battered" by corrections officers and that Bornstein "sustained bodily harm resulting in his death."

The county said in court papers that its officers are not liable for the death.

Bornstein was picked up by sheriff's deputies about 12:30 p.m. on July 29, 2010, for failure to appear in court for disorderly persons and traffic violations, and was being booked when the altercation began. The video showed Bornstein as he moved through the correctional facility in Freehold Township.

The video, which did not contain audio, showed Bornstein appearing agitated and gestured as he spoke to someone off camera around 4:11 p.m., according to the time stamp on the video.

Authorities had previously said Bornstein, who was the primary caregiver for his then-13-year-old brother when his father was away, became upset when an officer said the state Division of Children and Families may take his brother if no other family member came forward to care for him.

Bornstein then walks to a nurse's station before guards push him through a doorway, according to the video.

Another camera picks up as at least three jail guards try to restrain Bornstein in a hallway. The male guards push him up against a door, but all fall to ground after the door opens.

More jail staff responded to the incident with at least eight guards either in direct contact with Bornstein or standing around those on the ground. From the video time stamp, the struggle lasted about six minutes before the guards move Bornstein again to the nurses station.

Bornstein's face appears to be bloody as the camera behind the nurses station picks up again.

Guards place him on the ground in front of the station. At one point, a guard drags Bornstein by his jail jumpsuit to sit against a partition. The inmate appears at times to either turn or fall over to his side before sitting up again.

After about four minutes, guards place Bornstein in a wheel chair and take him to a "constant watch room," where at least four guards again surround him, strip him of his jumpsuit and appear to again struggle with him.

Bornstein is then placed in a restraint chair naked, wearing only an anti-spit mask and a blanket over his lap. As guards move him, large bruise-like marks are visible on his back, the video shows.

Bornstein struggles against the chair, but eventually stops moving. A nurse and guard return about 30 minutes later to check Bornstein's pulse, listen to his heart rate and remove him from the room.

At one point, Bornstein had been given a medication to calm him, according to an autopsy report.

The autopsy report states that Bornstein's heart slowed and he became unresponsive. Jail staff attempted to revive Bornstein, but he later died at CentraState hospital at 7:31 p.m., reports said. The revival attempts in the jail are not shown on the video that was released.

The medical examiner determined Bornstein had a pre-existing heart condition that was exacerbated by a scuffle with officers. He ruled that the manner of death was accidental.

An investigation by the Monmouth County Prosecutor's Office cleared the officers of excessive force charges.

The Monmouth County Sheriff's Office, which runs the jail, offered the following comment:

"A complete and thorough investigation conducted by federal, state and local law enforcement agencies cleared the Monmouth County Sheriff's Office Correctional Division of any inappropriate actions in regards to the Amit Bornstein case.

"Mr. Bornstein's undisclosed medical condition, combined with his aggressive conduct, was the direct cause of his untimely and unfortunate death. To comment any further on specifics involving this matter would compromise the security of restricted areas inside the correctional facility and the ongoing civil lawsuit," the emailed statement said. "Our thoughts remain with the Bornstein family over their loss."

A federal magistrate ruled in August the jail video should be released, but Monmouth County appealed that ruling. They argued that releasing the footage would compromise security at the jail.

Federal Judge Anne Thompson rejected that appeal Nov. 14, but gave the defendants seven days to submit additional information that might support their argument.

The Bornsteins' attorney, Michael N. David, declined to comment on the video until after midnight, expressing concerns about the timing of when the seven days expired. Monmouth County Sheriff's spokeswoman Cynthia Scott said earlier this week that the county did not intend to appeal.

The American Civil Liberties Union of New Jersey and CBS Broadcastingsought in court to have the video released.

ACLU-NJ Deputy Legal Director Jeanne LoCicero called the release of the video "an important moment for the public."

"Jails are among society's most closed institutions, with prisoners dependent on the government to provide their most basic needs. Jail staff are responsible for the health and well-being of people in their custody," LoCicero stated in an email. "When someone dies in their care, the public should have access to as much information as possible in order to properly evaluate the actions of correctional staff involved and the work of those who investigate the death."

No trial date has set for the lawsuit, which was filed against the county and officers by Israel Bornstein, Amit's father.

Susanne Cervenka: 732-643-4229; scervenka@app.com