Killer won't be released to testify

UTAH STATE PRISON — One of the most dangerous inmates here has been subpoenaed to testify in an upcoming trial.

But state officials refused to allow death row inmate Troy Kell to be released from prison to appear on the witness stand next week in a former inmate's million dollar lawsuit against the Utah Department of Corrections.

Jacques Dupree Miranda accuses prison guards of allowing Kell, a known white supremacist, out of his cell to attack Miranda, a black Muslim. It happened in the aftermath of the terrorist attacks of Sept. 11, 2001.

"The guards in the unit were upset with Miranda following the 9/11/01 terror attacks and relayed information to Troy Kell, a white supremacist, to attempt to incite Kell to violence towards Miranda," attorney David Pace wrote in the lawsuit filed in 2003.

Miranda claims in his lawsuit that he'd been targeted by other inmates to be killed. On Sept. 20, 2001, the lawsuit claims, two guards gave Kell a pair of caricatures of Osama bin Laden. An officer is accused of asking Miranda to draw similar caricatures of the terrorist leaders.

"Miranda refused to comply with officer Ray's request because of his religious beliefs as a Muslim," Pace wrote. "The officer asked Miranda to be patriotic, to which Miranda said that he didn't feel very patriotic being locked up, which seemed to upset the officer."

While Miranda was on recreation time in his cell block, he claims Kell asked for his cell door to be opened and an officer laughed: "OK, yeah, as long as you promise not to kill Miranda."

"Officer Healey then opened Kell's door and Kell promptly exited his cell and attacked Miranda," Pace wrote in the lawsuit. "Miranda fought and ran from Kell through the cell block, waiting for a response team to enter and defuse the situation."

That help never came, Miranda claims.

"While Kell pursued Miranda, and while they fought, Kell continually referred to Miranda as a Muslim, as a rag-head, as someone wanting to blow things up — all relating to what had just upset the guards about Miranda," Pace wrote, saying that Miranda ran into his cell where Kell choked him into unconsciousness.

Miranda's lawsuit has been killed and resurrected before as it wound its way to trial. As part of their case, Miranda's attorney sought to have Kell handed over to U.S. marshals and transported to the U.S. District Courthouse in downtown Salt Lake City to testify. Other inmates and officers are also on the witness list.