| | ||
| ||
Retiring "Free Marcia Powell"
Thanks for visiting. Peace out - Peg.
Wednesday, June 29, 2011
Wal Mart, Women's Resistance, and Martori Farms
Wednesday, June 22, 2011
Sad Solstice: Remembering Brenda Todd
Six months ago this week, on January 21, 2011, Brenda Todd died in Perryville state prison begging for medical attention that never came. That's part of a twisted pattern of neglect and gross indifference to human life at the AZ Department of Corrections - particularly at the AZ state women's prison.Urged on by prisoners who were there when she died, we tracked down Brenda's father to make sure that her family members know to file suit because of the circumstances, though I don't know if he's in time to file a Notice of Claim against the state - there's generally a six-month deadline for grieving families to be on top of (and no one ever tells them that). I referred him to a good attorney who will find out, no doubt.
Brenda's dad isn't on-line and the family never saw the Phoenix New Times story or my blog posts about how she died - or all the letters we received from the other women about what happened - and the State only notified him last week that the death certificate is ready, so I think the courts should grant him an extension to file. He had no way of knowing that her death was wrongful until now. It goes beyond simple negligence.
The family can still file suit in federal court, however, I believe under civil rights law. There's a two-year deadline for prisoners to file Section 1983 CR suits, at least, so survivors of prison violence who have missed filing deadlines for the state should still speak to an attorney as soon as possible. Do NOT wait for or trust the AZ Department of Corrections or the AZ Attorney General's office to give you timely, accurate information about your loved one's death - they're just trying to avoid your lawsuits. Unfortunately, it seems the only way they change is when someone wins in court - and we need to stop them from killing these women now, so please exercise all your rights to fight back.
Our condolences go out to all of Brenda's loved ones. Feel free to contact me (Peggy at 480-580-6807) if there's anything I might be able to do. If nothing else, I can put you in touch with other families who share your struggle - just let me know.

June 23, 2011: CORRECTION:
It's only been five months since Brenda died. That means that - thanks to my friend Matt's work - we're in time to help her family with a claim against the state. Unfortunately, litigation seems to be the only thing that makes them clean up the prisons, and Brenda's family has one hell of a suit...she could end up sparing a lot of other women from the hell she went through. From what I've been told, she'd probably give her blessings to that struggle...
Friday, April 1, 2011
Wrongful Deaths in Custody: Susan Lopez (ADC)
(UPDATED from March 29, 2011 post.)As noted in the last post, a prisoner at ASPC-Perryville killed herself last week. Below is the notice of 35 year-old Susan Lopez' death from the AZ Department of Corrections. What follows is what some of the other prisoners had to say about her suicide. If you are a loved one of Susan's, please brace yourself. I'm sorry if this post is painful, but the public needs to know what's happening behind bars in this state, or more vulnerable people will die needlessly.
Susan was a mother of four children, and was apparently a Certified Nurses' Aide. By the number of people landing on my site Googling her this week, I'd say she was probably well-loved by people in her community, even though she was ignored by her caretakers in prison, where she was sent for non-violent crimes. Her history suggests that her criminal activity may have been related to the disease of addiction. Most addicts in America never acquire a record for it; many get medical treatment for their illness or join a 12-step program and give a tremendous amount back to their communities. The ones who get criminalized before they get well are less fortunate, not less worthy of recovery, and their lives are often shredded by the excess branding, shaming, exiling, and impoverishment that results from initiating criminal prosecution. It can be completely devastating.
A few extraordinary souls pick themselves up after prison and make good anyway - we like to use them as proof that incarceration itself can "help" people get back on their feet. They are the exception to the rule, however, and it's what they already have within them - not some magic instilled by going to prison itself - that gets them through hell and back in one piece, if they make it. Once caught up in the machinery of "justice", though, too many just never break free. The criminal justice system is designed to extort us and exploit our troubles, not assist us, if we're in the shoes of the accused - guilty or not. Once law enforcement is on the scene we have no control over how it plays out from there; cops have been known to kill people who are suicidal, and courts here routinely hold mentally incompetent defendants criminally culpable for the symptoms of their mental illness.
There are no easy answers for addiction, of course; the ones out there are really as diverse as the population of addicts. I've seen courts be far too quick to take a one-size-fits-all approach and send people off to prison because AA didn't fit them and they screwed up their probation or couldn't pay off their restitution in time. A lot of folks think that the state is actually benevolent and calling the police on a loved one who's addicted might help speed along their recovery process by raising the bottom they have to hit before committing themselves to breaking the cycle, but that's especially misguided because of what I just described. I would only resort to such drastic action today if it was the only way to protect someone's life or limb in a crisis.
Most addicts who land in prison are admittedly there for crimes supporting their habits, too, like theft or fraud. That doesn't make them dangerous, though, or justify the violence of imposing imprisonment on them at outrageous public expense - especially while simultaneously refusing to cover treatment services for them to get well. Once you're a criminal, however, every relapse - which is "part of recovery" for the rest of us - is a potential parole violation or a new charge as a "repeat offender", and as your record gets longer judges get less sympathetic...
All of which appears to have happened to Susan.
Susan's guilty plea is on the internet; the sentencing minutes should be updated and posted soon. Her Graham County sentence is what's in question; that's the one that hasn't been posted as of yet. You can check current court records by searching her name with her month and year of birth (June 1975). She had a whole lot of petty stuff pile up on her in several different counties at once - apparently accumulating over several years then catching up to her once she was in custody.
I think if all her charges were in one county, she would have had more dismissed in a plea agreement; the poor woman was just pounded by court appearances this winter. By the looks of it, the respective county attorneys filed every single charge they possibly could to intimidate her into the deals she entered: she could have been facing the rest of her life in prison for forgery-related crimes if she lost at trial. They really do hurt people who resist them: I know one fellow doing 52 years for fraudulent schemes (largely because he accused the prosecution and judiciary of racism then lost in court).
I find it astounding that the judges who sent this mother off to prison were prepared to expend anywhere from $60,000 to over $120,000 in public funds just to punish her - that's what really seems criminal. Our legislature is equally as complicit. It's unbelievable that given such an investment no one could even bother to sit down to help Susan figure out how long she would be locked up and away from her family. There are sources of possible confusion evident in Susan's posted ADC records - her death notice lists her as being 40 though she was born in 1975, and her obituary indicates a different middle name than her court and ADC records. All the court documents indicate it's the same Susan, though. How hard could it have been to help her sort this out and cope with it? A little bit of attention could have saved her life.
Unfortunately, the nightmare that unfolded for Susan immediately prior to her suicide seems to be the standard MO at the Arizona Department of Corrections, though I've had some good experiences with at least one CO at ASPC-Tucson, and I know there are other exceptions - like former ASPC-Eyman DW Carl Toersbijns. It's not the individual CO's so much anyway - it's the staffing schedules, inadequate training, and an abusive institutional culture that results in deaths like Marcia Powell's, Brenda Todd's, and Susan's. There isn't the expectation that officers respond with compassion to prisoners, of course - they're all just criminals trying to manipulate them because that's what they do best.
If ADC policies and culture reflected a fundamental value for human rights, there would be less abusive and negligent conduct by employees. The leadership makes their disdain for their prisoners clear to all, however, and throws criminals on the legislature's alter for live sacrifices to offer their constituents without thought for the consequences of new fees and restrictions for prisoners and their families - who are also taxpaying constituents, I might add. The description of the main officer who ignored Susan's pleas for help is consistent with what I would expect from the current ADC, sadly.
At most the officer(s) involved might get written up - unless this becomes a politically charged case, and the ADC decides to sacrifice the officer to minimize the appearance of institutional negligence, as was alleged by CO's over the death of Marcia Powell. The pattern and practice of ignoring women begging for help in AZ state prisons is unlikely to change any time soon, then - not without serious litigation, anyway. The state is far more concerned with avoiding liability than it is with taking responsibility, despite the moralistic garbage it shoves down prisoners' throats about why they must be brutalized the rest of their lives for the smallest of crimes.
To Susan's family, on that note: take your time grieving, but file a notice of claim against the state within six months for each survivor, or you'll be precluded from suing in state court in the future. The ADC needs to be held responsible for their neglect; so many women out there are still suffering, and have no other hope for relief. I'll do what I can to put survivors in touch with attorneys who can help file claims for wrongful deaths - there are far too many happening like this. I'll also do what I can to help you compile evidence; that's what I've been doing in these blogs for nearly two years now.
My number is 480-580-6807; my email is prisonabolitionist@gmail.com; my name is Peggy. My office is at 1009 N. 1st St. #8, Phoenix, next to the Firehouse Gallery. Contact me anytime.
Anyone can contact the US Department of Justice to complain about all the prison suicides under Brewer, by the way. Ask for a CRIPA Investigation into the AZ Department of Corrections.
Jonathan Smith, Chief
US DOJ Civil Rights Division,
Special Litigation Section
950 Pennsylvania Ave. NW, PHB
Washington, DC 20530
1601 W. JEFFERSON
PHOENIX, ARIZONA 85007
(602) 542-3133
www.azcorrections.gov
JANICE K. BREWER, GOVERNOR CHARLES L. RYAN, DIRECTOR
NEWS RELEASE
For Immediate Release
For more information contact:
Barrett Marson
bmarson@azcorrections.gov
Bill Lamoreaux
blamorea@azcorrections.gov
March 28, 2011 Inmate Death Notification
Phoenix, Az. – Inmate Susan Lopez, 40, ADC #184221, died Friday night from an apparent suicide.
Lopez, sentenced out of Cochise and Graham County, was serving 6 years for forgery. She came to ADC Dec. 2, 2010 and was held at the Santa Cruz Unit, ASPC-Perryville.
The death is under investigation by the department.
Monday, January 24, 2011
Deaths in Custody: Brenda Todd

Thursday, November 4, 2010
Suicide/homicide rates skyrocket at AZ Department of Corrections
In no instance of the recent suicides has there been documentation that ADC staff had any culpability - though I've had more than one family member tell me that their mentally ill loved one had been taken off of their psychiatric medications in prisons before their suicide or homicide. That sounds to me like a pattern of institutional neglect.
Anthony Lester's death remains a mystery to me, by the way - the ADC record detailing his death lists his injuries as self-inflicted (his jugular, his right wrist, and his leg were all cut with a razor) , but a document compiling the deaths for the year calls it a homicide. Tony's family was told it was a suicide - a "highly preventable" one, which they tried to warn the ADC he was at risk for. They have other information suggesting that he believed he was in imminent danger from a gang, though. Until I get confirmation to the contrary, I'm leaving him in the suicide category.
Tony suffered from schizophrenia, and was sentenced to more than a decade in prison due to two women being slightly injured trying to prevent him from cutting his throat (both required band-aids at the scene) during a psychotic episode. He had to be restored to sanity before he could go on trial, of course. That's par for Maricopa County's treatment of people with mental illness who needed psychiatric hospitalization before or at the time of their "crime". If I could sick the DOJ on every responsible judge and prosecuting attorney, I would, because that's a violation of the Olmstead Decision, as far as I'm concerned. The Olmstead Decision was a Supreme Court verdict that determined that the Americans with Disabilities Act (ADA) requires states to deinstitutionalize and place people with disabilities in the least restrictive setting possible.
Arizona, after 20 years of Arnold v. Sarn litigation, is still underserving the seriously mentally ill in the community. Here they're just criminally prosecuted for the symptoms of their illness and thrown into the most restrictive setting possible - state prison (often maximum security) - largely because the state lacks adequate outpatient and inpatient alternatives for individuals at risk of harming themselves or others (we spend it all on corrections instead. If ADC Director Ryan had any courage, he'd call that what it is and tell the state where to put their money and the courts where to stuff their convictions).
Why else would a judge give a man with schizophrenia three years for climbing a utility tower in a thunderstorm to be closer to God? Why would he even be prosecuted for that in the first place? I think they actually believed they were protecting him from himself. Sadly, Shannon Palmer ended up being murdered by his cellmate two years in.
The deaths by "natural causes" are also extremely young - go to the ADC's website, under ADC in the News, for death notices. There's an archive on that page, too. I suspect that it's complications from the effects of the Hep C virus that's killing people so young inside. I'll be analyzing the documents I obtained further to confirm that, and post it when I compile it all.
Here are the links for the APW posts about the more recent suicides:
Special Management Unit: Prisoner suicide at ASPC Eyman (11/4) - James Galloway
Prison suicide and gangs at Florence Central (10/01) - Duron Cunningham, Rosario Rodriguez-Bojorquez
Additionally, I missed a couple of suicides in my compilation that I didn't have info on until now:
Douglas Nunn 33 (8/29/09) - ASPC-Florence/Central
Patricia Velez 25 (4/28/10) - ASPC-Perryville/Lumley
All 3 of the women who have killed themselves in the past year and a half hung themselves and were housed in Lumley, where the maximum security yard is. All three were in their 20s. I don't know if Patricia had a mental illness or not: a psychological report was sealed by the court when she was sentenced to 7.5 years for aggravated assault and fleeing a law enforcement vehicle. Geshell and Sasha, the other two women from Lumley who killed themselves, did have evidence of a serious mental illness when sentenced.
Two of the men who killed themselves recently were both from ASPC-Florence/Central. The largest number of male suicides in any one prison have occurred at ASPC-Eyman, however.
Sometime in the next couple of days I'll break down the suicides and homicides by race and age, and tell you how they compare to stats for the overall prison population, as well as to rates in the general population. It seems to me that if all the violence boiled down to a gang war, the Aryan Brotherhood is winning.
Monday, September 13, 2010
Bring Oprah to Perryville this season.
I actually wrote this weekend to invite Oprah to help us pass Marcia's law (a bill of rights for AZ prisoners), feeling that drawing her into the scene at Perryville would open up the avenue to all other prisoner rights' issues, there and elsewhere.
You should write as well, (that link goes to "who do you want to see interviewed?") especially if you have loved ones enduring conditions at Perryville, so they know it's more than just me concerned. Mention Marcia's death, in case they miss my email. Try to get others to do the same. If enough of us (women and men alike) write about these issues from across the country (world), I bet her producers look into covering an angle. We need mainstream attention to elevate prisoners rights to the level of public discussion here before the legislature convenes in Jan. If Oprah comes, the rest of the media will follow.
Please take a minute and hit her site - we have nothing to lose if we're ignored, and prisoners everywhere have a lot to gain if our collective voice is heard.
Here's what I said in the first category I made an entry in (who to interview - meaning as many women at Perryville as possible):
"Marcia Powell was nobody - just a mentally ill, drug-addicted prostitute and prisoner of the state of Arizona when she was locked in an outdoor cage in 108 degree heat last May after stating she was suicidal. For nearly four hours guards ignored and mocked her as she begged for water, pleaded to get out of the sun, and defecated on herself. She died with second degree burns on her body, and no family willing to claim her remains. No one responsible is being prosecuted; some have their jobs back. Please remember her and the women still suffering in AZ's Perryville state prison. Help us pass Marcia's Law so that this never happens again. http://freemarciapowell.blogspot.com. I could have been Marcia Powell."
Here's the link for the most incredible cancer survivor story. I submitted Sue Ellen Allen's story in that category... here's what I said there:
Sue Ellen Allen is an extraordinary woman who survived cancer in jail and prison in AZ. Her essay on the experience (http://www.pen.org/viewmedia.php/prmMID/3610/prmID/1622) won a PEN American Center prison writing contest in 2009:
(excerpts)
"Someone told me there are 365 references in the Bible to fear. Basically, all of them say, “Fear not, for I, the Lord thy God, am with you.” So, with my faith that I treasure, why am I afraid, always afraid?
It started in (Sheriff Joe Arpaio's) Estrella Jail where the incessant noise, violence, hostility, and indifference overwhelmed me. It is a hellish place for a healthy person. Everyone is in black and white stripes and the conditions breed anxiety and stress....
All of these women are going to court. Not me. I am going to Maricopa Medical Center for a mastectomy...
That’s the real fear . . . my helplessness in the face of a medical department that is incompetent and apathetic. My life is literally in their hands and I’ve come to feel they don’t give a damn. I am not a patient with cancer. I am an inmate with cancer and that is full of hidden meaning..."
Sue Ellen's 25 y.o. cellmate, Gina, died in Perryville prison for lack of diagnosis and treatment - all too common a story there. She formed GINA's Team (http://sueellenallen.wordpress.com/2010/07/12/on-my-birthday/) when she got out, to help other imprisoned women. Sue Ellen is a truly amazing survivor giving back to those the world would just as soon forget are dying inside.
Please pass this email on to anyone inside that you can. Women writing from prison should send their suggestions directly to:
Jon Sinclair/Vice President
Keisha McClellan/Director
Kathleen Penny/Associate Director
110 N. Carpenter St.
Chicago, IL 60607
Finally, please let me know if you or someone you know left her producers a plug for Perryville or Marcia's law, so I can blog updates on our efforts. It should only take 5 minutes. Use my name and number (Peggy Plews 480-580-6807) as a contact or back up number if you want.
"Our strategy should be not only to confront empire, but to lay siege to it. To deprive it of oxygen. To shame it. To mock it. With our art, our music, our literature, our stubbornness, our joy, our brilliance, our sheer relentlessness, and our ability to tell our own stories..."
- Arundhati Roy
Friday, September 10, 2010
Perryville SOS: Critical conditions for seriously ill women.
The following comment was posted to my earlier piece about conditions out at Perryville prison for women- this is specifically referencing San Pedro, which is supposed to be the "medical yard". The concerns enumerated by her are serious and chronic. There are elderly and frail women there, including women with AIDS, cancer, and a host of other illnesses and disabilities.I can say with confidence that this woman's complaints aren't an exaggeration, nor are they unique to San Pedro (or even to Arizona). I also doubt that any of these issues were addressed when the women of Santa Cruz protested the recent lock-down. I've heard all these things from other women who were/are prisoners at Perryville - including two breast cancer survivors and one woman seeking a compassionate release who's now losing a battle with colon cancer (ironically, given the horrid conditions of her confinement, she was actually written up once for a "grooming violation").
Even the healthy women are at risk in that environment. The notion that people are "well taken care of" behind bars is a popular myth rooted in ignorance and self-serving politics that costs many vulnerable prisoners their lives. And no, they don't all "deserve" to be there in the first place - they certainly don't all need to be there for the sake of public safety - despite the absurd claim in the Fischer report that almost all of the ADC's prisoners are a danger to the rest of us (if you look at that link, check out Professor Mona Lynch's testimony in response, and note how Fischer doesn't differentiate between violent and repeat offenders for the legislature - they're just staving off budget cuts by preventing the early release of ANY prisoners, save a handful of "criminal aliens" the state had deported). My terminally ill friend is an example - she got 5 years from a Pinal County judge as a first time, non-violent offender on a controlled substances charge (she's an addict, of course). Hence the outrage of the author below about "bullshit charges" women are imprisoned for these days - our rate of incarceration has skyrocketed.
San Pedro is a minimum custody level yard - those are women who are low risk enough that they can move freely about the prison, share large dorm areas, and work in the community. When escorted outside of Perryville, they only need one guard to accompany them. So why do they need to be locked up at such an exorbitant expense at all? The average amount we pay per state prisoner in minimum custody in Arizona is about $21,500/year. That's more than twice what our federal government will afford for an elderly or disabled person in the community who is solely dependent on Supplemental Security Income (the state doesn't even supplement that).
Health care costs for prisoners are outrageous, but the quality of health care that prisoners get (if they get it at all) is worse than folks get on AHCCCS, believe it or not. Given that San Pedro is a "medical yard", the author's estimate of the cost of incarceration there may well be accurate, though - for some prisoners it's much higher. Once they finish doing their time (if they survive the experience), we're more than willing to leave them homeless, too, no matter how sick they may be. If they stay homeless too long on parole, they can get violated and thrown back in. That seems awfully twisted to me...
Thank you, to the former prisoner who took the time to send out this SOS for her sisters. She's absolutely right about women getting the worst deal in prison (most of the prisons are fire traps, but I don't hear nearly as much from the men about health hazards as I do from Perryville). Results will be hard to come by - God knows Middle Ground has been working on this for years - but if we can get some key legislators invested and build even a modicum of human rights' protections into Marcia's Law, it might help some of these conditions.
Please feel free to contact me - you or any other family members or former prisoners out there - if you want to work on these concerns with us. We need all the help and eyewitness testimony that we can get. My number is 480-580-6807; call anytime.
--------------------------------
September 10, 2010 12:41 PM
Anonymous said...
I want someone to fight for the women who are serving time in Perryville Prison. I just did a nine month stint on San Pedro Yard. The place is disgusting, none of the swamp coolers work, its 120 degrees in our cells. The K-9 dogs stays in cages in the air conditioning. We are treated like animals (worse than animals). The sewer systems on both yards over flow, right in front of the kitchens, YUCK! The swamp coolers are filled with pigeon poop, and we breathe that into our lungs. Every bathroom is covered with mold, the walls , the floors, the shower curtains. One of the kitchens on 8 yard has been condemed, and the prison is not supposed to house inmates in there. BUT THEY DO! As soon as the health inspectors come to check stuff out, they leave and they start housing girls back in there AGAIN!.
The medical services on San Pedro is a joke, more than one time I was told to take advil and drink alot of water, and I have blood clots, and fibromyalgia!!!! Ive Heard them tell the same exact thing to the girls right after they have a seizure! The prison is so over full that we are living in squaller, The smoking section is full of fleas, bugs, ROACHES. The Deputy Warden MUSE is useless, Im surprised she even has a job. IF we get lucky to have a community meeting, and ask her a question, she always puts it off on someone else, she is extremely rude, and inconsiderate. AND LLAAZZYY!!
San Pedro is supposed to be a medical yard and i have NEVER seen living conditions like that before.!, and Im not just taking someone elses word for it, I lived there. The prison is so broke , why do we continue to hold so many girls that they cant afford to take care of them. ITS your Tax money to hold girl in disgusting conditions, Why dont you let alot of them go home to there kids. Come on drug charges for there own personal use (GIVE ME A BREAK). It cost tax payers 30-40 thousand dollars a year to hold mothers, daughters, wifes sisters.... FOR SOME BULLSHIT CHARGES...... Dont any of you have better things to do with your money?
Push for the senate bill to lower the 85%, to the 65%, and Fire Deputy Muse, shes not doing one bit of good anyway. Illegal Immigrants had their 85% dropped down to 50%..... The Prison is condemned, and its filthy, if we were the men at the mens prison, wed riot for what we want, but because were women and were more passive , and we dont riot....WE GET THE SHITTY END OF THE DEAL!!!!!!!! HELP!!!!!HEALTH INSPECTORS ARE ALWAYS SHUTTING THINGS DOWN ON OUR YARD! we EAT DAYS OLD LUNCH MEAT EVERY SINGLE DAY FOR LUNCH! food poisoning is common!~
Tuesday, September 7, 2010
Negligent Homicide of Marcia Powell
Here is the additional contact information: I'm sure they will be hearing more ADC employee appeals. Before their September meeting, perhaps they should hear from Friends of Marcia Powell's and others in the community who are disturbed by these developments.
Phone: (602) 542-3888
Fax: (602) 542-3588
Email: judy.henkel@personnel.az.gov (executive director)
Additionally, it's my understanding that negligent homicide isn't just a crime in Maricopa County - it's a state and federal crime. If Romley (602-506-3411) won't make his people take responsibility, then we should pressure Goddard to. The Attorney General's office is at 1275 W. Washington St., Phoenix, AZ 85007 (602-542-5025). Make it clear that we expect leadership from him on getting justice for Marcia, be it in a courtroom or otherwise.
I looked into Arizona's victim's rights laws to see if the public can ever be considered a secondary victim of violence done by public employees in their official capacity. Apparently, under the Arizona Constitution, a person who is "in custody for an offense" is not considered a "victim" themselves, regardless of their vulnerability to neglect or abuse or the heinousness of the crime perpetrated against them. No wonder the perpetrators aren't treated as criminals.
In light of the horrendous abuses in our prisons and jails here, I have a real problem with people having no rights when victimized in custody, and plan to make it an issue while lobbying for "Marcia's Law", beginning tomorrow.
Finally, Donna Hamm's reference to getting the Justice Department to investigate is regarding the Civil Rights for Institutionalized Persons Act (CRIPA). It takes years for them to get around to it; the more people who complain to them about abuses in the state prisons and our county jails, the better. They need to see a pattern of abuse, not just a single incident.
I periodically forward them packets to establish such patterns, as I suspect Middle Ground does. You can send them local news articles about prisoner abuse and neglect every time you find them, too, beginning now. An expression of public outrage directed to them, not just the blogs, would help, too. Get them familiar with the name of Marcia Powell.
US Department of Justice
Civil Rights Division
Special Litigation Section
950 Pennsylvania Avenue, NW, PHB
Washington, D.C. 20530
Telephone Number
(202) 514-0195
toll-free at (877) 218-5228
Fax Numbers
(202) 514-0212; (202) 514-6273
Acting Chief: Judy Preston
(202) 514-6258
Thank you.
Marcia Powell Cage Death: County Attorney Releases ADC PowerPoint, Internal ADC Investigation Not Reviewed by CA
By Stephen Lemons, Tue., Sep. 7 2010 @ 10:11AM
The Maricopa County Attorney's Office did not review a 3,000 page internal Arizona Department of Corrections investigation into the 2009 cage death of Perryville Prison inmate Marcia Powell.
The County Attorney's office last week declined to prosecute anyone involved in Powell's heat-related death. The ADC had asked for charges of negligent homicide to be brought against seven corrections officers on duty May 19, 2009, the day Powell was kept in an outside enclosure for four hours in 107 degree heat.
Powell collapsed and was never revived. She later died at West Valley Hospital in the early morning hours of May 20, after ADC director Charles Ryan authorized doctors to suspend life support.
A 3,000 page internal investigation released by ADC last year revealed accounts by inmates that Powell was never given water and that she was mocked or ignored by ADC staff when she asked for water, to go to the bathroom, or to be taken back inside.
Though corrections officers maintained that Powell had been given water, her desiccated corpse argued otherwise. She had been kept outside in the blazing Arizona sun hours past the department's own two-hour cutoff for such en plein air detention. Also, her body was covered in excrement, as she soiled herself while in the enclosure.
But according to ADC spokesman Barrett Marson, the County Attorney's office never reviewed the 3,000 page report released last year. Instead, the CA received a copy of ADC's separate, criminal investigation, which Marson characterized as "even more voluminous."
Based on that criminal investigation, the CA's office concluded that there was "insufficient evidence" to go forward with a prosecution.
Why didn't the CA get to see the internal investigation, which was made public and reported on by several news outlets? This has to do with something called "the Garrity rule," based on the U.S. Supreme Court decision Garrity vs. New Jersey.
According to the Garrity rule, law enforcement officers can be compelled to answer certain questions by their employers, but those statements cannot be used against a LEO in criminal proceedings.
The CA's office is currently preparing the criminal case file for release. In the meantime, they have released a PowerPoint presentation given by ADC staff to the CA's office. You can see a copy of it, here. (Warning, it contains some blurry photos of Powell's corpse.)
"That was like reading the Reader's Digest condensed version of things," said prison reform advocate Donna Hamm after reviewing the document. "Clearly they left out a lot of relevant, very important stuff, like the fact that she had soiled herself a couple of times. It was a cleaned-up condensed version."
Nevertheless, the PowerPoint is damning. It notes that some officers were aware that the mentally ill Powell was on psychotropic drugs that could cause "an elevation of the body temperature."
And you would think that staff psychologist Dr. Susan Kaz, the person who (according to the PowerPoint) directed the c.o.'s to move Powell from her cell to the outside enclosure, would have been aware of this as well.
When Powell's body was examined by the county coroner, it was found to have a core body temperature of 108 degrees Fahrenheit. It may have been higher, as medical thermometers only go as far as 108 degrees.
Corrections officers provided conflicting statements according to the PowerPoint. They didn't keep proper logs and notes. And some displayed callous indifference to Powell's suffering.
When officers discovered that Powell had collapsed, one asked officer Esmeralda Pegues, who was stationed nearby the enclosure, how long Powell had been on the ground.
"Officer Pegues replied with words to the effect of, `several minutes,'" the PowerPoint states.
Pegues was one of the seven officers the ADC requested felony charges on. The others were Evan Hazelton, Iain Fenyves, Electra Allen, Cortez Agnew, Anita Macias and Ariana Mena.
Hamm told me that she doesn't believe that conflicting statements from the c.o.'s should be enough to stop a prosecution.
"In any big crime, there are conflicting witnesses," she argued. "That shouldn't scare off the county attorney."
The CA's decision on this matter is disappointing. I'm left to wonder if things might have been different if Powell had next-of-kin willing to push for indictments on her behalf.
Indeed, there's no one around to even sue. Her aged, estranged adoptive mother, who lives in California, reportedly wanted nothing to do with Powell's case.
More than 16 ADC employees were ultimately fired or disciplined in the fallout from the Powell incident, but that's hardly justice. Powell's death deserves more.
Monday, September 6, 2010
Perryville: Resistance Behind Bars

I originally put the following article about Vikki Law's work up awhile ago. In it she discusses both women's resistance in prison and the vision of prison abolition. I thought it was worth putting up again in light of the resistance we saw last week at Perryville.
Families: get this word in to the women of Perryville - Rock On! Some of you have my address - use it or share it, and we'll do whatever we can to support you in there.

Women's Resistance Behind Bars
By Hans Bennett
Alternet
July 21, 2009
As the incarceration rate of U.S. women skyrockets, an important book shines new light on the struggles of women prisoners.
"When I was 15, my friends started going to jail," says Victoria Law, a native New Yorker.
"Chinatown's gangs were recruiting in the high schools in Queens and, faced with the choice of stultifying days learning nothing in overcrowded classrooms or easy money, many of my friends had dropped out to join a gang."
"One by one," Law recalls, "they landed in Rikers Island, an entire island in New York City devoted to pretrial detainment for those who can not afford bail."
Law shares this and other recollections in her new book, Resistance Behind Bars: The Struggles of Incarcerated Women (PM Press). At 16, she herself decided to join a gang, but was arrested for the armed robbery that she committed for her initiation into the gang. "Because it was my first arrest -- and probably because 16-year-old Chinese girls who get straight As in school did not seem particularly menacing -- I was eventually let off with probation," she writes.
Before her release from jail, Law was held in the "Tombs" awaiting arraignment. While the adult women she met there had all been arrested for prostitution, she also met three teenagers arrested for unarmed assault. "Two of the girls were black lesbian lovers. In a scenario that would be repeated 13 years later in the case of the New Jersey Four, they had been out with friends when they encountered a cab driver who had tried to grab one of them. Her friends intervened, the cab driver called the police and the girls were arrested for assault." Law notes that "both of my cellmates were subsequently sent to Rikers Island."
These early experiences, coupled with her later discovery of radical politics, pushed Law "to think about who goes to prison and why." She got involved in several projects to support prisoners, which included helping to start Books Through Bars in New York City, sending free books to prisoners. In college, she "began researching current prisoner organizing and resistance," and upon discovering almost zero documentation of resistance from women prisoners, she began her own documentation and directly contacted women prisoners who were resisting. A college paper became a widely distributed pamphlet, and at the request of several women prisoners she'd corresponded with, Law helped to publish their writings in a zine called Tenacious: Art and Writings from Women in Prison. Law writes that the zine and pamphlet "heightened awareness not only about incarcerated women's issues, but also women's actions to challenge and change the injustices they faced on a daily basis."
"This book is the result of seven and a half years of reading, writing, listening, and supporting women in prison," Law says about Resistance Behind Bars, noting that each chapter in her book "focuses on an issue that women themselves have identified as important." The chapters include topics as diverse as health care, the relationship between mothers and daughters, sexual abuse, education, and resistance among women in immigration detention. Resistance Behind Bars paints a picture of women prisoners resisting a deeply flawed prison system, which Law hopes will help to empower both the women held in cages and those on the outside working to support them.
Who Goes To Prison?
Since 1970, the U.S. prison population has skyrocketed, from 300,000 to over 2.3 million. According to the U.S. Justice Department, this staggering increase has not resulted from a rise in crime. In fact, since 1993, the prison population has increased by over one million, but during this same period, both property offenses and serious violent crime have been steadily declining. The New York Times recently cited a 2008 report by the International Center for Prison Studies at King's College London documenting that the U.S. has more prisoners than any other country. Furthermore, with 751 out of 100,000 people, and one out of every 100 adults in prison or jail, the U.S. also has the highest incarceration rate in the world. With only five percent of the world's population, the U.S. has almost a quarter of the world's prisoners.
While women comprise only nine percent of the U.S. prison population, their numbers have been increasing at a faster rate than men. As Law documents, "between 1990 and 2000, the number of women in prison rose 108 percent, from 44,065 to 93,234. (The male prison population grew 77 percent during that same time period.) By the end of 2006, 112,498 women were behind bars."
Like with male incarceration rates, women behind bars are disproportionately low-income and people of color. Law writes that "only 40 percent of all incarcerated women had been employed full-time before incarceration. Of those, most had held low-paying jobs: a study of women under supervision (prison, jail, parole or probation) found that two-thirds had never held a job that paid more than $6.50 per hour. Approximately 37 percent earned less than $600 per month."
A 2007 Bureau of Justice study documented that 358 of every 100,000 Black women, 152 of every 100,000 Latinas, and 94 of every 100,000 white women are incarcerated. Explaining this racial discrepancy, Law argues that inner-city Black and Latino neighborhoods are disproportionately targeted by law enforcement. She cites a 2005 U.S. Department of Justice study which concluded that Blacks and Latinos are "three times as likely as whites to be searched, arrested, threatened or subdued with force when stopped by the police."
The so-called "War on Drugs" has played a key role in the growth of the U.S. prison population.
Law writes about the impact of New York State's Rockefeller Drug Laws passed in 1973, "which required a sentence of 15 years to life for anyone convicted of selling two ounces or possessing four ounces of a narcotic, regardless of circumstances or prior history. That year, only 400 women were imprisoned in New York State. As of January 1, 2001, there were 3,133. Over 50 percent had been convicted of a drug offense and 20 percent were convicted solely of possession. Other states passed similar laws, causing the number of women imprisoned nationwide for drug offenses to rise 888 percent from 1986 to 1996."
Distinguishing women prisoners from their male counterparts, Law cites a Bureau of Justice study which "found that women were three times more likely than men to have been physically or sexually abused prior to incarceration."
Women Prisoners Don't Resist?
The central thesis of Resistance Behind Bars is truly profound. In clear, non-academic language, Law argues that recent scholarship documenting and radically criticizing the increased incarceration rates and mistreatment of women prisoners "largely ignores what the women themselves do to change or protest these circumstances, thus reinforcing the belief that incarcerated women do not organize." Alongside academia, Law also harshly criticizes radical prison activists, arguing that "just as the civil rights movement of the 1960s and 1970s downplayed the role of women in favor of highlighting male spokesmen and leaders, the prisoners' rights movement has focused and continues to focus on men to speak for the masses."
Law gives honorable mention to two books that documented women's resistance at Bedford Hills Correctional Facility in New York State: Juanita Diaz-Cotto's Gender, Ethnicity, and the State (1996) and the collectively written Breaking the Walls of Silence: AIDS and Women in a New York State Maximum Security Prison (1998). Since these two books "no other book-length work has focused on incarcerated women's activism and resistance," writes Law. As a result, Law argues that women prisoners "lack a commonly known history of resistance. While male prisoners can draw on the examples of George Jackson, the Attica uprising and other well-publicized cases of prisoner activism, incarcerated women remain unaware of precedents relevant to them."
Epitomizing the scholarship that Law criticizes, author Virginia High Brislin wrote that "women inmates themselves have called very little attention to their situations," and "are hardly ever involved in violent encounters with officials (i.e. riots), nor do they initiate litigation as often as do males in prison."
To challenge Brislin's assertion, Law gives numerous examples of women rioting and initiating litigation, including the "August Rebellion" in 1974 at Bedford Hills Correctional Facility in New York State. On July 2, 1974, prisoner Carol Crooks won a lawsuit against prison authorities, with the court "issuing a preliminary injunction, prohibiting the prison from placing women in segregation without 24-hour notice and a hearing of these charges," writes Law. In response, "five male guards beat Crooks and placed her in segregation. Her fellow prisoners protested by holding seven staff members hostage for two and a half hours. However, 'the August Rebellion' is virtually unknown today despite that fact that male state troopers and (male) guards from men's prisons were called to suppress the uprising, resulting in 25 women being injured and 24 women being transferred to Matteawan Complex for the Criminally Insane without the required commitment hearings."
Law also criticizes author Karlene Faith, who acknowledges that women resist, but who wrote that in the 1970s, women prisoners "were not as politicized as the men [prisoners], and they did not engage in the kinds of protest actions that aroused media attention." To challenge Faith's argument, Law cites several rebellions that received significant media attention, including one that the New York Times wrote two stories about. As Law recounts, "in 1975, women at the North Carolina Correctional Center for Women held a sit-down demonstration to demand better medical care, improved counseling services, and the closing of the prison laundry. When prison guards attempted to end the protest by herding the women into the gymnasium and beating them, the women fought back, using volleyball net poles, chunks of concrete and hoe handles to drive the guards out of the prison. Over 100 guards from other prisons were summoned to quell the rebellion."
In light of the many such stories documented in Resistance Behind Bars, Law argues that "instead of claiming that women in prison did not engage in riots and protest actions that captured media attention, scholars and researchers should examine why these acts of organizing fail to attract the same critical and scholarly attention as that given to similar male actions."
Resisting With Media-Activism
In the chapter "Grievances, Lawsuits, and the Power of the Media," Law observes that "gaining media attention often gains quicker results than filing lawsuits." Among the many organizing victories that were significantly aided by media attention, in 1999, Nightline focused on conditions at California's Valley State Prison for Women. Law explains that "after prisoner after prisoner told Nightline anchor Ted Koppel about being given a pelvic exam as 'part of the treatment' for any ailment, including stomach problems or diabetes, Koppel asked the prison's chief medical officer Dr. Anthony DiDomenico, for an explanation."
DiDomenico was apparently so confident that he would not be held accountable for his misconduct, that he answered Koppel by saying "I've heard inmates tell me they would deliberately like to be examined. It's the only male contact they get." After this interview was aired, DiDomenico was reassigned to a desk job, and as of 2001 he had been criminally indicted, along with a second doctor.
Demonstrating the power of this media coverage, Law notes that the "prisoner advocacy organization Legal Services for Prisoners with Children had been reporting the prisoners' complaints about medical staff's sexual misconduct to the CDC for four years with no result."
Along with agitating for coverage in the mainstream media, women prisoners have also created their own media projects. The chapter titled "Breaking The Silence: Incarcerated Women's Media" documents many important projects. Law explains that these projects are necessary because women prisoners' "voices and stories still remain unheard by both mainstream and activist-oriented media. Articles about both prison conditions and prisoners often portray the male prisoner experience, ignoring the different issues facing women in prison." Therefore, "women's acts of writing -- and publishing -- often serve a dual purpose: they challenge existing stereotypes and distortions of prisoners and prison life, framing and correcting prevailing (mis) perceptions. They also boost women's sense of self-worth and agency in a system designed to not only isolate and alienate its prisoners but also erase all traces of individuality."
Some activist-oriented publications have been receptive and have published prisoners' writings.
From 1999 until its final issue in 2002, the radical feminist magazine Sojourner: A Women's Forum featured a section on women prisoner issues which included writings from the prisoners themselves. Law writes that this section, entitled "Inside/Outside" covered many topics, including "working conditions in women's facilities, the dehumanizing treatment of children visiting their mothers, and prisoner suicides.
Law spotlights many different projects. From 2002 to 2006, Perceptions was a monthly newspaper published by and for the women at the Edna Mahan Correctional Facility for Women in New Jersey. Because of censorship from prison warden Charlotte Blackwell, Perceptions was forced to limit its criticism of the prison, but the women published what they could. For example, in one issue, women wrote about how they would run the prison differently if they were in charge. Law notes that "their fantasies revealed the absence of programming for older women and those in the maximum custody unit, emergency counseling and therapeutic interventions and opportunities for mother-child interactions. It also drew attention to the facility's overcrowding and increased potentials for violence and conflict among prisoners."
Tenacious, the zine published by Law, was initiated by women prisoners who sought the help of friends outside the prison to actually publish and distribute it. "Free from the need to seek administrative approval, incarcerated women wrote about the difficulties of parenting from prison, dangerously inadequate health care, sexual assault by prison staff and the scarcity of educational and vocational opportunities, especially in comparison to their male counterparts. Although circulation remained small, the women's stories provoked public response," writes Law.
"Prison officials do whatever they can to strip prisoners of their dignity and self-worth," stated Barrilee Bannister, one of the founders of Tenacious. "Writing is my way to escape the confines of prison and the debilitating ailments of prison life. It's me putting on boxing gloves and stepping into the rink of freedom of speech and opinion."
Arguing For Prison Abolition
When Victoria Law was first introduced to radical politics, shortly after her own stint behind bars, she "discovered groups and literature espousing prison abolition."
"These analyses -- coupled with what I had seen firsthand -- made sense, steering me to work towards the dismantling, rather than the reform, of the prison system." Law's subsequent research has only served to affirm her belief in the need for abolition. She states clearly that "this book should not be mistaken for a call for more humane or 'gender responsive' prisons."
Some readers may view Law's prison abolitionist politics as being abstract or overly theoretical.
However, to support her abolitionist viewpoint, she makes the practical argument that prisons simply don't work to reduce crime or increase public safety. She writes that "incarceration has not decreased crime; instead, 'tough on crime' policies have led to the criminalization … of more activities, leading to higher rates of arrest, prosecution and incarceration while shifting money and resources away from other public entities, such as education, housing, health care, drug treatment, and other societal supports. The growing popularity of abolitionist thought can be seen in the expansion of organizations such as Critical Resistance, an organization fighting to end the need for a prison-industrial complex, and the formation of groups working to address issues of crime and victimization without relying on the police or prisons."
Towards the end of Resistance Behind Bars, Law quotes Angela Y. Davis, who is a leading activist intellectual of the prison abolitionist movement. In her recent book Are Prisons Obsolete?, Davis writes that "a major challenge of this movement is to do the work that will create more human, habitable environments for people in prison without bolstering the permanence of the prison system. How, then, do we accomplish this balancing act of passionately attending to the needs of prisoners -- calling for less violent conditions, an end to sexual assault, improved physical and mental health care, greater access to drug programs, better educational work opportunities, unionization of prison labor, more connections with families and communities, shorter or alternative sentencing -- and at the same time call for alternatives to sentencing altogether, no more prison construction, and abolitionist strategies that question the place of the prison in our future?"
As if answering Davis' question, Law concludes that while striving for prison abolition "we need to also reach in, make contact with those who have been isolated by prison walls and societal indifference and listen to those who are speaking out, like many of the women who have shared their stories within this book. Because abolishing prisons will not happen tomorrow, next week or even next year, we need to break through these barriers, communicate, work with and support women who are in resistance today."




