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...

Prisoner Rights: PHX May Day Rally, 2011.

Calling all Angels: Appeal to the Phoenix Labor Movement to intercede in AZ state prison crises.

1. Blogger/Human Rights Activist Peggy Plews reading a Perryville prisoner's letter re: work conditions at Martori Farms.

2. Disabled worker, prisoner's mom Kini Seawright confronts prison segregation. Son, Dana, was murdered in ASPC-Lewis/Stiner (July 2010) for being friends with a Mexican and refusing to carry out a satisfactory hit on another Latino prisoner...

from Sandangelmedia


Please ask Representative Cecil Ash to open legislative hearings on conditions in the AZ state prisons through the AZ House Health and Human Services Committee:

AZ State Legislature
1700 W. Washington St.
PHX, Arizona 85007

Thanks to Robert Haasch for this video!

Deaths in Custody: ADC March 2011.

The following individuals died in the custody of the Arizona Department of Corrections in March, 2011, as posted at the department's website; this may or may not be an exhaustive list. I suspect the causes of some recent deaths are remaining mysterious so as to avoid focus on the continuing pattern of violence and suicide prevailing in the prisons. If anyone has any information on these deaths, please contact me at 480-580-6807 or prisonabolitionst@gmail.com...

------------------

Robert Mulhern, 55
ADC #235987
ASPC-Florence/Central
apparent natural causes
March 8, 2011

Vincent Accardo, 62
ADC #232539
ASPC-Eyman/Browning
apparent natural causes
March 9, 2011

Bennie Garcia, 52
ADC #039968
ASPC-Douglas/Gila Apparent
natural causes March 12, 2011

Albert Saenz, 42
ADC #059350
ASPC-Florence/Central
End-stage liver disease
March 20, 2011

Susan Lopez, 40
ADC #184221
ASPC-Perryville/Santa Cruz
Apparent suicide
March 25, 2011

Michael Ford, 50
ADC #115618
ASPC-Lewis/Bachman
Apparent Natural Causes
March 28, 2011

Grieving Susan Lopez: Prisoners have families, too...

The following note was left this afternoon on my Prison Abolitionist blog, under the "comments" for the main post on the suicide of state prisoner Susan Lopez in March. An additional story was added by a prisoner who knew her on San Carlos, before ASPC-Perryville transferred her to a higher custody yard, Santa Cruz.

My condolences go out to Rick Lopez, Susan's and Rick's respective kids, and the extended Flores family; they've been through a lot lately.

"Prisoners have families, too."
Maricopa County Jail: Tent City.
April 5, 2011.

Left with Broken Hearts,


If only you would of known what a beautiful person Susan Lopez our daughter was, full of joy, she had the most sweetest heart, enough love for everyone, and now shes gone from our lives, but will live forever in our hearts, because of the prisons lack of medical attention our daughter is gone.


Whoever is responsible for the neglect of our daughter may god forgive you. you will have to answer to god, for all vengeance are his.


we love you Susan forever you will live in our hearts..............


love mom and dad :(

Rick Lopez at Central Property:
Retrieving Susan's things.
ASPC-Perryville
Goodyear, AZ
Apr 23, 2011

The Highly Preventable Suicide of Tony Lester.

-------------------------------------

Family sues Arizona over inmate’s suicide

by JJ Hensley on Jan. 08, 2011, under Arizona Republic News

Anthony Lester’s life came to an end in July, as Arizona Department of Corrections officers stood around his limp body, unable to stanch the bleeding.

Lester committed suicide in his Tucson prison cell, a medical examiner’s report concluded. His family filed a claim this week against the state, alleging that the Corrections Department’s culture of negligence and indifference to prisoners with mental illness directly contributed to the 26-year-old’s death.

Lester had attempted suicide in late June but was taken off a subsequent suicide watch two days before his death. The state’s investigation shows that officers were confused about where he should have been moved.

The same records indicate that Lester should not have received razors in a hygiene kit the prison provides. A corrections officer mistakenly gave Lester a kit containing a pair of razors that Lester used to cut his throat.

As officers responded to the incident, their statements indicate, they were overcome by the severity of the situation and froze. Their pause was due in part to the fact that officers could not see one of Lester’s hands and feared he might be holding a weapon. The delay was also due to lack of training, said one responding officer.

Orlando Pope, a 13-year veteran of the department, said Lester was “bleeding too heavily” and “he (Pope) was never trained on how to apply pressure to a wound,” according to a department report into Lester’s death.

“Pope stated that he has gone to first-aid training, but he would not call it training, and he does not remember anything about using pressure to stop bleeding,” the report states.

Pope and four other officers were punished with 80-hour unpaid suspensions following Lester’s death, but Lester’s family wants the Department of Corrections to do more.

A department spokesman said the agency had not seen the claim and could not comment.

“I want to help the mentally ill in the prison system. I wanted to be an eye-opener for other people,” said Patti Jones, Lester’s aunt.

The corrections officer who mistakenly gave Lester the kit with razors – and the actions of officers who tried to tend to his wounds – were key factors in his death, the family claims, but it was the prison system’s disregard for Lester’s mental condition that put him in a cell where he could take his own life.

Lester was diagnosed with schizophrenia, and his struggles with mental illness stretched back more than a decade, to when he was still a student at Brophy College Preparatory.

Lester developed a habit of self-mutilation as a teenager and claimed he was blackout drunk during the crime that gave him a 12-year prison sentence for aggravated assault: stabbing two girlfriends at a 2007 party.

Lester went through a program in Maricopa County jails that gave him enough medication to be competent for trial. The trial judge warned that Lester should be in a facility where he could receive mental-health treatment, the claim said.

His medical records indicate he refused to take his medication in prison due to side effects.

Lester’s family claims a lack of adequate training and a culture of negligence concerning mentally ill inmates in the Corrections Department made his prison stint a death sentence.

“We admit that he did something horrifically wrong, but he was mentally ill,” Jones said. “But people I talked to at the prison said he was trying to game the system by claiming mental illness.”

The claim requests $3 million in damages to compensate Lester’s mother and his toddler daughter.

The Arizona Attorney General’s Office was served with the claim but declined to comment.

Resist Abuse and Conditions of Confinement: Solidarity with Georgia's Prisoners.

Where have I been the past few days? (Sleeping or hanging out at Conspire, I guess.) Hooray for the Georgia Green Party for posting the prisoners' Press Release!!! I'm re-posting it here because it's both historic and phenomenal.


Do we have any political parties with similar guts in AZ? Our prisoners are suffering, too.


Anyway, this is how it began, folks - the massive prisoner resistance to conditions of confinement in Georgia. I'll be posting updates soon (here's a quick one - the fight goes on!).


Arizona prison families and friends: keep in close touch with your loved ones and talk up what's going on at Prison Talk and all the blogs. I'm hearing that surveillance, strip searches, and over-all security has been dramatically stepped-up in recent days, and yards are being locked down for "no apparent reason"....well this is the reason. I bet it's happening all over the country - nothing freaks out jailers more than non-violent resistance and reasonable demands.


Those sixteen women at Perryville who protested being locked down in September all got cuffed up and put into detention as soon as we stopped paying attention, by the way, and the whole yard (Santa Cruz) was screwed for quite some time. Those women still are, really. I originally posted on the Santa Cruz women's protest here, but recently edited it out because I had given too much credit where it wasn't due (to the General Counsel at the ADC). I planned to revise it (and will soon) - I just didn't want my correspondents to get into even deeper trouble. There are still a couple of posts from that month about Perryville conditions (both before and after the protest). I even tried to get Oprah out there.


We need to keep a close eye on both the Georgia resistance and the Arizona Department of Corrections (and all the county jails) reactions - they're going to do whatever they have to in order to make every prisoner look mean and violent to justify their own brutality, if need be - don't believe the BS for a minute if things do get ugly. Call those numbers in Georgia, please, to tell them those prisoners better not get hurt - let them know they'll be held accountable for their crimes, too.


As for this place: if you're hearing real bad stuff from your loved ones locked up here in Arizona, don't just hit the chat rooms and leave it at that: put your complaints in writing to the ADC's General Counsel, Karyn Klausner, and copy it to your legislator, if you think you can trust them not to do something stupid. Follow up with their office, however it turns out; just make a point of addressing the ADC's general counsel directly with serious (urgent health/safety) concerns - and call her people if you don't get a response in a reasonable period of time.


Don't bother with the Governor's staff or the Office of Constituent Services at the ADC, by the way, unless you're talking about visitation hassles, mail being delayed, the cost of phone calls home, etc. Even if your complaint is about upper administration at the prison or guard harassment and you haven't had success at the warden's level, they'll still just pass it back to the people you're complaining about (with the message for them to "deal with it", basically) and someone may get hurt. The legal team at the ADC is there to keep the state from getting sued, so they would be inclined to exercise better judgment, in my unschooled assessment. Here's the ADC's Constituent Services' handbook for friends and family, though, so you know what their standard procedure is for families to address concerns (it's even been updated within the past month).


Prisoners should really file formal grievances about their mistreatment, if they dare to - if they're being threatened, placed in danger, or otherwise retaliated against, report that in your letter to the ADC attorney, or feel free to contact me and we'll strategize about your options - just know that I have no legal training and I'm learning all this from other families as we go.


I include that disclaimer because even legitimate, responsible resistance to the state can be especially dangerous to people in prison - I also have no friends in high places, politicians in my pocket, vast sums of money (I barely scrape by) or other ways of protecting people. I can't promise success; I am an antagonist more than I am a diplomat, so consider what strategies you want to employ carefully.

All I can really offer is what I've gleaned from my experience as an advocate for people who are homeless or imprisoned (including someone I love), the visibility of my blogging and street activism, and the power of a growing network of prisoners and their loved ones - including those presently in litigation with the ADC, some for wrongful deaths. I'm a community organizer and do believe that together we are strong - but no one is invincible (including the state...).

The Day the Fascists Came to Town
November 14, 2010. W. Jefferson/4th Ave., Phoenix, AZ

original photo: Robert Haasch
chalk art/post-photographic rendition: Margaret J. Plews

You may also want to contact Donna or James Hamm at Middle Ground Prison Reform for some advice - they do have some legal connections and experience, and have been at this longer than I have. I suspect Donna is far more of a diplomat than I am. They should be your first resort, actually - I'm usually the last resort for prisoners - mostly the poorest ones. Their address is 139 East Encanto Dr. Tempe, AZ 85281. Phone: 480-966-8116.


In any case, make sure the prisoner him/herself feels as if these are issues worth fighting for - even this fight in Georgia isn't just about cigarettes - it's about respect, and dignity, and autonomy for people who have been stripped of all. We should be focused on their health and sanity and civil rights, not just their leisure and privileges; they will pay for your activity and support the most. Be mindful, though, that she/he has no expectation of privacy (nor do you) when you communicate about these things - all calls and mail can (and probably will) be monitored. It can be a difficult balance to get their direction and consent while not making them a target. Sometimes I have to go with "I trust you" after making sure they know what the possible ramifications may be.


That said, here's the ADC contact info you need (Karyn's really going to love me for this):


Karyn Klausner
Office of the General Counsel
Arizona Department of Corrections
1601 West Jefferson St.
Phoenix, AZ 85007
(602) 542 1532
kklausner@azcorrections.gov


If you send a copy of any of that documentation to me, though, I'll put it in the hands of the ACLU and the Department of Justice - with or without identifying you and the prisoner, as he/she wishes (if it's not possible to consult them on that privately, I'll hold back names for now).

The ADC website has policies posted on it, by the way, and my sites have a Jailhouse Lawyers Handbook and an even more comprehensive Jailhouse Lawyer Manual. Explore them all so you know what you're talking about. Don't just take my word for everything - or theirs.


Here's the main contact info for the AZ state legislature:

Arizona State Senate/
House of Representatives
Capitol Complex
1700 West Washington
Phoenix, AZ 85007-2890(toll free) 1-800-352-8404

And here's the main event. I'll try to stay on top of this now.

-----------------------From the Georgia Green Party--------------------

GA Inmates Stage Historic One Day Prison Strike Today

Thu, 2010-12-09 18:19

By Bruce A. Dixon

In an action which is unprecedented on several levels, black, brown and white inmates of Georgia's notorious state prison system are standing together for a historic one day peaceful strike today, during which they are remaining in their cells, refusing work and other assignments and activities. This is a groundbreaking event not only because inmates are standing up for themselves and their own human rughts, but because prisoners are setting an example by reaching across racial boundaries which, in prisons, have historically been used to pit oppressed communities against each other.

PRESS RELEASE BELOW THE FOLD

The action is taking place today in at least half a dozen of Georgia's more than one hundred state prisons, correctional facilities, work camps, county prisons and other correctional facilities. We have unconfirmed reports that authorities at Macon State prison have aggressively responded to the strike by sending tactical squads in to rough up and menace inmates.

Outside calls from concerned citizens and news media will tend to stay the hand of prison authorities who may tend to react with reckless and brutal aggression. So calls to the warden's office of the following Georgia State Prisons expressing concern for the welfare of the prisoners during this and the next few days are welcome.

Macon State Prison is 978-472-3900.

Hays State Prison is at (706) 857-0400

Telfair State prison is 229-868-7721

Baldwin State Prison is at (478) 445- 5218

Valdosta State Prison is 229-333-7900

Smith State Prison is at (912) 654-5000

The Georgia Department of Corrections is at http://www.dcor.state.ga.us and their phone number is 478-992-5246

This is all the news we have for now, more coming.

One in every thirteen adults in the state of Georgia is in prison, on parole or probation or some form of court or correctional supervision.

*********************************

Press Release

BIGGEST PRISONER STRIKE IN U.S. HISTORY

Thousands of Georgia Prisoners to Stage Peaceful Protest

December 8, 2010?Atlanta, Georgia

Contacts: Elaine Brown, 404-542-1211, sistaelaine@gmail.com; Valerie Porter, 229-931-5348, lashan123@att.net; Faye Sanders, 478-550-7046

Tomorrow morning, December 9, 2010, thousands of Georgia prisoners will refuse to work, stop all other activities and remain in their cells in a peaceful, one-day protest for their human rights. The December 9 Strike is projected to be the biggest prisoner protest in the history of the United States.

These thousands of men, from Baldwin, Hancock, Hays, Macon, Smith and Telfair State Prisons, among others, state they are striking to press the Georgia Department of Corrections (?DOC?) to stop treating them like animals and slaves and institute programs that address their basic human rights. They have set forth the following demands:

A LIVING WAGE FOR WORK: In violation of the 13th Amendment to the Constitution prohibiting slavery and involuntary servitude, the DOC demands prisoners work for free.

EDUCATIONAL OPPORTUNITIES: For the great majority of prisoners, the DOC denies all opportunities for education beyond the GED, despite the benefit to both prisoners and society.

DECENT HEALTH CARE: In violation of the 8th Amendment prohibition against cruel and unusual punishments, the DOC denies adequate medical care to prisoners, charges excessive fees for the most minimal care and is responsible for extraordinary pain and suffering.

AN END TO CRUEL AND UNUSUAL PUNISHMENTS: In further violation of the 8th Amendment, the DOC is responsible for cruel prisoner punishments for minor infractions of rules.

DECENT LIVING CONDITIONS: Georgia prisoners are confined in over-crowded, substandard conditions, with little heat in winter and oppressive heat in summer.

NUTRITIONAL MEALS: Vegetables and fruit are in short supply in DOC facilities while starches and fatty foods are plentiful.

VOCATIONAL AND SELF-IMPROVEMENT OPPORTUNITIES: The DOC has stripped its facilities of all opportunities for skills training, self-improvement and proper exercise.

ACCESS TO FAMILIES: The DOC has disconnected thousands of prisoners from their families by imposing excessive telephone charges and innumerable barriers to visitation.

JUST PAROLE DECISIONS: The Parole Board capriciously and regularly denies parole to the majority of prisoners despite evidence of eligibility.

Prisoner leaders issued the following call: No more slavery. Injustice in one place is injustice to all. Inform your family to support our cause. Lock down for liberty!?

Contacts: Elaine Brown, 404-542-1211, sistaelaine@gmail.com; Valerie Porter, 229-931-5348, lashan123@att.net; Faye Sanders, 478-550-7046

Mental illness in Arizona's state prisons: Chuck Ryan on the carpet, again.

This was posted to another site on Friday, November 19, 2010 by the former AZ Department of Corrections deputy warden who was interviewed by Channel 12 this summer and called for Chuck Ryan to resign. It's being reprinted here with Carl's permission.

As some of you may know, one of the corrections' officers unions also called on the governor to fire Ryan in a letter of no confidence two weeks ago. I shouldn't have to point this out, but prisoners aren't the only ones behind bars at heightened risk under current conditions. The front line staff also have good reason to be concerned.

Needless to say, none of us are making friends in Arizona's high places. In fact, since the people we're antagonizing have badges and guns on their side - as well as the keys to the prisons - it would help if the public and media really watch our backs out here.

Other witnesses to the institutionalized neglect and abuse of prisoners with mental illness in Arizona are urged to contact the US Department of Justice's Civil Rights Division; send them what you know and request that they initiate a CRIPA investigation before the next ADC suicide or homicide goes down. If you need to you may remain anonymous while doing so.

--------------------------

Arizona's Prison Problems - Open Letter to the Director

Mental Health Treatment for Offenders

By Carl ToersBijns

Open Letter to Charles Ryan, Director, Arizona Department of Corrections

Mr. Director, when are you going to address the horrific mental health conditions of confinement inside your prison? Have you really taken a look into the need to implement a mental health "program" that is realistic and objectively driven by individuals who really care about doing the job and doing it right? Arizona is way behind in providing mental health care for those incarcerated with mental health illness and other disorders.

The very first thing I noticed when I came onboard five years ago was the long lines of inmates waiting to be seen by mental health professionals obviously overwhelmed by the number of offenders on their caseload, and the lack of priority this task has been demonstrated by the administration for the Arizona Department of Corrections (ADOC). Speaking to both mental health professionals and providers, it became obvious to the spectator that these inmates are not receiving the type of care they need during their stay of incarceration or when they are released with a thirty day blister pack. Witnessing this lack of organized effort to create and deliver a sound mental health treatment program in spaces designed for much less tasks, I am astonished how these inmates are able to conform and maintain their individual demeanor under such stress and lack of care.

Certainly, I have gleaned that apathy has set in with some treatment professionals as they are just merely overtaken by the sheer number of "clients" they see daily and the need to provide follow up treatment is dominated or even sabotaged by the lack of cooperation by the administration to provide security escorts to and from such activities to ensure a completion of services. Right now, as we speak, except for a few individuals down there in Tucson, you are warehousing mentally ill inmates in the special management units that receive no attention, no care and no hope of ever coming out with some degree of normalcy when released. It's almost like you are doing it on purpose so ignore their needs. I have witnessed abandonment of several mental health sponsored programs that enhanced the detection of inmate suicides and the willful destruction of morale among your providers. Lacking such structure to create and provide a meaningful treatment environment is almost impossible as there is no dedicated space to do this most urgent task.

Fragmented services are wasteful as there is no continuity in the delivery or the provisions to ensure the medication is successfully delivered or taken. Even New Mexico Corrections has you beat Mr. Ryan for they had the insight and intelligence to begin separating these types of offenders from the general population and provided them treatment instead of repetitive uses of force to make them comply into an environment they don't understand. Being very familiar with their treatment programs, I am astonished that Arizona is no way near the level of care provided in our neighbor's prisons. Located in a secure and orderly treatment center staff with the resources to maintain a sound treatment program for the criminally ill, it has been successful in design and operations.My history with them goes back to its birth as a treatment center and given the task to be the chief of security for a task force of men and women who volunteered to work in such a difficult and multifaceted place called the Mental Health Treatment Center (MHTC).

As a concerned citizen and former corrections professional, I am writing to you regarding the urgency to find in your organization, a legitimate means to address mental health treatment for your incarcerated inmates who are currently void of treatment and the necessary care to function within the parameter expected of them while incarcerated. I have witnessed as an ADOC correctional administrator, the warehousing of such inmates housing them side by side and allowing their psychotic conduct feed to the next inmates housed on the run as the entire pod becomes a bedlam pod of psychotic criminals yelling, shouting and begging for better care.

You need to prioritize your issues inside your prison because you are violating these inmate's rights by not treating them. Chemical restraints are draconic in every way and cruel. Your staff in uniform are doing the best they can with what they have but need professional help in the area of treatment, not confinement. It takes a team effort to be effective. It will only be a matter of time before you are brought into the federal courts and held accountable for the severe shortcomings of a sound and humane mental health program for the many inmates you are responsible for and up to this point, neglected.

• Allocate more security staffing to the lockdown units in Florence Eyman and Tucson so that everybody who works there are safe and the institutions are operating at a safe and sound level by meeting mandated conditions of confinement.

• You need to allow more time and structure for these so called PMRB (prescribed medication review board) for the mental health professionals to gain insight of inmate behaviors before you order them on involuntary (forced) medication creating excessive use of force situations and physical harm to both staff and inmates. Most administrators sitting in on these reviews are called for the task but really have no insight of the inmate's history or medical / mental health needs.

• Allocate more mental health professionals to these units so they can be functional and purposeful and legally in compliance with the civil rights you have sworn to protect.

• Update your Mental Health Treatment Department Order 1103 dated August 22, 1997 as it is a sure indicator of its priority of this administration by being neglected to be revised for such a long time now.

Thank you.

Carl ToersBijns

Deaths in Custody: Anthony Clayton Lester.

This is the beautiful young man who reportedly killed himself at ASPC-Tucson/ Manzanita on July 12 of this year. I didn't know anything about him at the time he died except for the short press release the Arizona Department of Corrections put out, which is always limited to the prisoner's name, ADC number, age, crime, and sentence.

I did a little more digging after speaking to his family tonight, though, and came across this obituary. Whenever I can I like to include things about prisoners who pass away that speak to who they were, instead of just the "criminals" the ADC feels a need to portray them as when they die. Just because Tony had been criminalized does not mean he was a bad man. By his aunt's account, he was a very good soul.

I'll have more on this young man's story at some point down the road; his actual cause of death has yet to be determined, it appears. For now, please just think good things for his grieving family - especially for the little girl who he never even had the chance to hold.

-------------------------------

Name:

Anthony Clayton Lester

Date:

June 16th, 1984 - July 12th, 2010

Obituary:

Anthony Clayton Lester, born June 16, 1984 in Tucson, AZ, left our presence July 12, 2010 in Tucson, AZ after spending most of his short 26 years in Scottsdale, AZ. He was a music enthusiast, an extremely talented writer, a caring shoulder to cry on, a protector from all evil and an adoring father. He was preceded by Uncle Clayton Lester. He is missed and loved by his daughter Dawn, mother Eleanor, fiancée Samantha, Aunt Patti, grandparents, aunts, uncles, cousins, friends, and puppies. Memorial/viewing services will be held July 20 from 6 - 10pm @ Memorial Hall @ SRPMIC, Scottsdale AZ. Mass on July 24 @ 10am @ OLPH Scottsdale, AZ and funeral services to follow at St. Francis Cemetery, Phoenix, AZ. Arrangements by Bunker’s Garden Chapel. "Lord, I am the bruised reed, the smoldering wick. May I believe more deeply in your compassionate guidance."

ASPC-Tucson: Prisoners neglected in cages, again.

This is despicable. This makes the failure of the Maricopa County Attorney's Office to prosecute anyone from the Arizona Department of Corrections for Marcia Powell's death all the more disturbing. Clearly they think they are untouchable, like most agents of the law. In essence, the higher ups at ASPC-Tucson slapped them on the wrist for this one and kept it all under wraps. It was only because the prisoner and his wife (and finally Donna Hamm) complained that it got anyone's attention.

The investigation reads something like the one on Marcia's death - everyone pointing their finger at someone else, or just not being able to recall who did what. It went on through three shifts, evidently, so it's not like it was just the guard who was pissed off who locked the guy up and left him there. And it wasn't just prisoner Solis who got left in the cages that day - four other guys were left there too long, as well. I bet it's a routine thing that prisoners just don't often complain about because they're used to being treated like dirt. They're probably glad they aren't still getting hogtied and left in the sun as punishment.

I'm glad Ryan at least nailed his administrators - including Sonberg - though the punishments for the rest still hardly fit the crime. They're all implicated in suppressing reports of neglect and abuse that I hear about from prisoners - things that just get handled "in-house".

As far as I'm concerned, it's not the breakdown in staff discipline that's the problem so much as it's the dehumanization that allows ADC officers to treat prisoners as they do. If there wasn't an entrenched culture that tolerates and even encourages the humiliation, depersonalization, and trivialization of prisoners' needs so thoroughly - which comes from the top down (through policies that seek to discourage people from seeking medical care, for example, to save the department money) - abuse and neglect wouldn't be so commonplace at their prisons...

I have more to say but won't say it here - read the investigative report Stephen links to for yourself. I think I'm going to ask the Attorney General tomorrow why the state can't prosecute Marcia's killers since the county won't. The neglect and abuse of prisoners needs to be treated as a crime and the victims need to be seen as human beings worthy of protection, or this will just keep happening as a casual occurrence that no one thinks they should even be disciplined for.

-------------------------------------

Could Marcia Powell Happen Again? Prisoner Kept in Tucson Cage Overnight, Warden Sanctioned

By Stephen Lemons, Tue., Sep. 7 2010 @ 2:01PM

A warden, a deputy warden, and a regional director have all been suspended several days without pay as a result of an inmate being kept in an outdoor cage overnight at the Arizona State Prison Complex in Tucson.

According to a Department of Corrections investigation of the incident, inmate Elisio Solis was confined to an outdoor cage for 19 hours from around 9:45 a.m. on April 29 of this year to around 5 a.m. the following morning.

This is in violation of policies regarding such enclosures, policies that were revised in the wake of Marcia Powell's 2009 heat-related death at Perryville Prison in Goodyear.

ADC policy now prohibits a prisoner from being confined to an outdoor cage for more than one hour without the approval of a deputy warden. (Inmates can be in the cages for no longer than two hours max.) The policy also forbids the enclosures from being used for disciplinary purposes.

But these restrictions were transgressed in the case of Solis, who was placed in the outside enclosure after a verbal altercation with a corrections officer, who called Solis a "motherfucker."

According to the ADC investigation, when Warden Sandra Walker learned of the violation, she advised underlings that the matter was to be handled "in house."

ADC Director Charles Ryan did not learn of Solis' treatment till August 5, after receiving an e-mail complaining of the matter from prison reform advocate Donna Hamm of the Phoenix-based organization Middle Ground Prison Reform. Ryan then ordered an investigation into the incident.

The inquiry shows a breakdown in discipline, with corrections officers finding excuses for not following ADC guidelines, showing ignorance of ADC policies and generally shirking responsibility for their actions.

Their supervisors don't fare much better in the report.

"Supervisors failed to follow DO 704 [the policy regarding outside enclosures]," the report states. "And [they] `passed the buck' to each other during their interviews. Staff interviewed had memory issues related to their shift on April 29, 2010."

You can read the ADC report, minus its attachments, here.

During the investigation, ADC Regional Director Shelly Sonberg, who has to sign off on supervisor complaints, admitted that she doesn't read them all because there are too many. Instead, she selects one at random to read "cover to cover," and relies on her staff to make sure the complaints are complete.

Sonberg was recently suspended 40 hours without pay. Warden Walker received the same sanction. Deputy Warden Keith Hartsuck was suspended for 80 hours without pay.

ADC spokesman Barrett Marson denied that Walker had wanted to cover-up the Solis matter, only that she had kept the investigation at the complex level. Still, Marson called the breach of policy a "significant incident," which is why punishment was meted out.

"The director believes this should have elevated up the chain of command," Marson told me.

Solis, who is doing 19 years on a murder conviction in Maricopa County, complained that he was sick after his outdoor confinement and claimed he had to beg for a blanket. Temperatures had dipped to 48 degrees Fahrenheit by the time he was transferred from the cage in the early morning hours of April 30, according to the report.

Unlike Powell, Solis did not have to contend with the heat, as the high for April 29 in Tucson was 75 degrees, and there was shade in the cage. He had access to food and water, and was allowed bathroom breaks.

Solis' life was not endangered. But the fact that prison officials didn't want to alert higher-ups should tip you off to the importance of the Solis incident. Moreover, the ADC report notes that four other inmates were confined to the cage that day for longer than the time period allowed.

"Given the fact that this was originally scheduled to be handled `in house,' [Director Ryan] was never supposed to find out about it," observed Hamm, whose e-mail sparked the investigation. "You have to wonder how many incidents in other locations, or even in that location, have been deemed in-house and that Ryan never knew about."

Hamm believes the practice of holding prisoners in outside cages for long periods of time as punishment is widespread. She fears this could lead to another Marcia Powell-like incident, and she faulted the ADC's lack of discipline.

"Look, this is a paramilitary organization," she said of the ADC. "And that means that people pretty much don't get to question policy. You follow it.

"But people are not following policy all the way up and down the chain of command. They're winking at the policy. And that's just unacceptable."

She said she's suggested that Ryan name a unit after Marcia Powell as a way of reminding his staff of the importance of following ADC policies on outside enclosures. She said she also may ask the U.S. Justice Department to investigate ADC's practices regarding the cages.

That Ryan acted so swiftly in this matter is laudatory. However, the fact that he had to find out about it from an outside source is unsettling, as are the accounts of staff shiftlessness and complacency in the ADC's own report.

ASPC-Perryville: Urgent re: Conditions of Confinement

According to the parent of a woman in medium security (Santa Cruz) at ASPC-Perryville, a new policy has just been put into place locking the women down for 22hrs/day, essentially turning the yard into a high security setting. Apparently this is in response to the recent Kingman escapes, not to misconduct on the part of these women.

This news is particularly troublesome because of the heat, for starters, as there is no A/C in the cells they're being confined to, and the swamp coolers seldom work. Families are constantly concerned about the health of those prone to succumb to heat as it is, now even more so since they get such little relief. There's no enclosed, cooled rec room for them to use when they do get time out - they have to spend it outdoors. Their resources are substandard in comparison to what many of the men have. And apparently it's been hard to get through to anyone there on the phone.

Thus far media has been alerted - as have some legislators - but no one is reporting on the horrendous heat and living conditions the women are forced to tolerate. In addition to the added physical strain it places on them to be held like that, such an environment can contribute to an escalation in tensions between prisoners, violence, depression, and suicidality.

Families and prisoners alike are protesting. According to reports from Perryville, some of the women from yard 18 refused to go back inside when rec was over. If this was one of the men's prisons, they'd be rioting and the media would be all over it, asking why. As the mother of one prisoner asks - what does it take for anyone to care about what these women are going through? Another Marcia Powell to die?

I urge readers to contact legislators, (especially Reps Cecil Ash and Kyrsten Sinema), media (Stephen Lemons at the PHX New Times, Morgan Loew at KPHO, JJ Hensley at the AZ Republic), the governor's office, the warden's office at Perryville (623-853-0304) and Constituent Services at the Arizona Department of Corrections (Betty Cassiano 602-364-3945). Tell them that the conditions of confinement for these women are unacceptable and urge them to challenge the ADC to come up with some mechanism for improving their security without compromising the health and safety of these prisoners. They should not be punished for the Kingman fiasco.

You needn't be a family member of a prisoner to speak up - just a concerned member of the community.

Their lives, their hands. Ours, too.

I tried to put the entry below up on the "Davon Acklin Needs Treatment Now!" Facebook page because of the unkind things someone said on the Governor's page, but it wouldn't stick - guess it's too long (I really find Facebook and the petition site too hard to navigate, personally). So I'm just blogging as usual; hopefully folks will find it here. Go visit and like the page, though, and say something nice for Julie. She's had a hard weekend.

The photos below are from my demonstration Friday morning across the street from the ADC administrative offices on West Jefferson St., by the entrance to Wesley Bolin Plaza (which is at the Capitol here in Phoenix, for you international followers). I hung out from about 6am-8am, when I was just too hot and tired to last any more (or I would have stayed until noon). I had to dance a little now and then to stay awake, actually, so I was blaring classic rock from my car (they must think I'm crazy). This is instruction as much as it is an update on protest activity, by the way - there's no need to have someone get permits and organize a crowd to do a demonstration of protest or support. You're supposed to get ideas and run with them now. Then email us your story and photos, like this:

Self-portrait.
"Bury Hep C, Not Your Prisoners!"

I made that t-shirt I'm wearing just for the occasion, and wore my most ancient, holey jeans for courage (they've seen a lot of direct action, and have been very disobedient with me). I wrote Davon's last name and ADC number in big black, bold strokes on the back of my shirt; I didn't really want to be confused for a prisoner, given the recent escapes, and there are always some out there in the AM as part of the Capitol grounds crew (some were watching, in fact). Official ADC gear is orange like my shirt, but has "ADC" on the back, not the prisoner's number.

"SOS: 223880. HIS LIFE YOUR HANDS."
(Photo was taken from the roof of my car. Maybe I really am nuts.)

After I chalked the sidewalk up (so it can be seen from the ADC office windows), I hung out with the sign on my car (so the traffic could tell I was protesting too), and guarded the whole thing through morning rush hour. No one bothered me a bit - which tells me they must have seen me and called both the prisoner cleaning crew and the cops off (I don't think I was breaking any laws, though. I was even legally parked). They seem to prefer ignoring us as a first line of defense. That's how they treat their dying prisoners, too.

The view of my car across the street from the ADC.
That's their sign in the background, at 16th St. and W. Jefferson.

By way of explaining the title of this post (which seems to contradict my appeal to Director Ryan, et al): while my message in chalk to the ADC was that Davon's life is in their hands, I know there's a lot more to it than that. Ultimately, even if the ADC did everything they could for him, it's back on Davon to educate and take care of himself. That means telling medical staff (not just his mom) when he isn't feeling well, asking for help, and making sure not to expose others or re-infect himself (there is more than one strain of Hep C, and there's still HIV out there, too).

Davon gets all that - I have no doubt that he's ready to take responsibility for his recovery. He already is. The hardest part for him is asking the ADC staff for help, though. He sees no point in telling them he doesn't feel well. Not only does he not expect them to do anything about it, but it's become such a chronic, daily occurrence (fatigue, waking up with headaches, etc.) that he could be spending all his time sending kites to medical, all to be told to go buy himself some aspirin. They won't even give him a nutritional supplement to stop the weight loss - they want him to get skinnier, first. Furthermore, as he sees it, there are guys sicker than him who need the care a lot more urgently, and frankly, I don't think he wants to be seen as a wimp or a whiner.

That doesn't go over well in prison with anyone.

So there's all sorts of documentation at the ADC from Julie about Davon's symptoms, but he apparently hasn't been hounding them about his Hep C like she has. He's just trying to survive prison life as best as possible (keeping his head down, as my dad would say after a career in the Army), and planning for the day he gets to be a pest to his kid sister again (brothers can be that way, you know?)

With that, here's the note I tried to post for everyone on Facebook earlier tonight. It's really good news, at least for me and my family. I think it is for others as well, because my own big brother still has a lot of love yet to give the world. He was once a prisoner, too. This is why I'm so engrossed in this fight. It's very personal, and Davon - and my brother - give me hope.

--------------------------------

Hey, all: I got a call from my big brother tonight. He read the post I made about visiting Davon, and it made him think about what a tragedy it is that so many people in this country have choices but don't take responsibility for their health, while Davon is willing to take responsibility but doesn't have choices. So he decided to contact the Hep C clinic at the local university tomorrow to see if they can do anything this late in the game for him (he's had it for at least 10 years, probably 20). I was afraid that it would eventually kill him in a really ugly way, but I guess he's finally ready to make a long term commitment to take care of himself - largely so he'll always be able to be here for me.

I can't begin to tell you how much this means to me.

For those of you who don't know, my brother was out here to help when we had the candlelight vigil at the ADC in May (he brought over the Capitol gang to bless us), so he got a big dose of reality then, too, and has been following my posts about Davon ever since, educating himself. This fight and Davon's disposition about it all is what helped Bill break through his denial about his own addictive behavior and consider treatment for his Hep C. It’s inspired him.

So, don't give a second thought to hurtful people trying to sabotage your efforts to help your son get well, Julie. The right to health care shouldn't be reserved for only tho folks who hateful Facebook drifters find "deserving" - everyone with Hep C should have access to testing, education, and treatment, in or out of prison. Call me a socialist or communist (I'd rather be called an anarchist), but I feel that way about health care in general. Still, those of us close to Davon know who he really is and that his life is worth more than just prolonging - he has a lot left to give, like my brother does. What strangers have to say won't matter to the Clemency Board anyway - they'll have the bigger picture in front of them, along with you and me and whomever else wants to throw in with us.

And thank Davon for being such a mature and thoughtful soul the next time you talk to him; his willingness to fight may help save my brother's life. I don't know if the ADC will let me back in to see him at Manzanita again after my demonstration Friday, but tell him that in any case, I'll drop him another line soon.

Hep C, Hard Time, and the Right to Life.

Hard Time. March 20, 2010.

Sent this Email out early this am, to a whole bunch of media and activists and other people, including ADC and the governor's office. Don't think it got through to everyone - had to keep trimming the list to not be cut as spam...So, now its on the blogs just in case. This was my attempt at PR. I may have trouble with all the photos right now, but the rest is self-explanatory. - peg

-----------------------

Well, this is pretty loaded and I'm making a unilateral decision to fire off these photos for the Governor. I think this is the only way she'll end up seeing them - if everyone else does. Hope I don't hit any friendlies, though. Duck now, if you're in prison, in case there's return fire (Prisoners are on the front lines, folks, not the garbage heaps. Front lines. This is America. Think young Black/Indigenous/Latino men and canaries. Very valuable, actually, in terms of what we will pay to dispose of them in the interest of the greater good).

Don't let all that alarm you. My dad was a solider. I grew up in Army green, and just talk like that. I'm really much the pacifist. I just think it's important to know how intensely personal and emotional - and absolutely political - this matter is for so many people. We will not just go away if ignored. This Hep C Mom, Julie, has been a vessel for Divine Intervention to happen in the lives of many people. I've seen it.

Don't underestimate her. She's got the raw, engaging humanity of a righteous Susan Sarandon, the faith and fearlessness of Alice Paul, and the fire and flair of Georgia O'Keefe.

And she's a woman who loves her family.


Anyway, I' m breaking this mass-mail up and sending it out (one by one if necessary, all night...forget that. It's on the blogs now) to fellow activists & abolitionists, media, and interested (or soon-to-be) others...and a few folks with the State of Arizona. I really wanted to introduce you all to each other in this email, though, but have been thwarted by antispam software.


I'm the wrong person to deal with media or this would have been done a long time ago, by the way. It was done much earlier today but bounced back. I'm not a technowhiz. Spacebook is beyond me. Blogspot's as sophisticated as I get.

So, about media: I should never be delegated this task. I have impulses to vandalize media outlets. I don't know why. It hasn't made for good media relations, though. So I'm stuck writing my own stories. This one isn't mine, though - it's about other people's kids and brothers and moms...so, it's fine to ignore me because my family is dying or free now - but please don't ignore them. I tried to tell them not to give this to me, but everyone's swamped. I have no good excuse, I guess, except for my anti-authoritarianism. I don't trust "media". I trust people, if they earn it. The only one out there I can say I really trust is Dennis Gilman - and he's not "mainstream" but he can be trusted to find the truth of an experience and let it tell itself. He's awesome.

Alright, so, I know it's just hours now before this event, and most of you are getting this after the fact. I believe it's all perfect timing, in the bigger picture, but I know that's a drag for others when it messes up their schedules. So, I'm sorry. I'm unconventional. It drives my friends and lovers crazy. Don't think we expect anyone but the Governor and a few curious folks from the ADC to be there in the AM, so no pressure - and the Governor hasn't exactly confirmed or anything. Just contact us if you want photos or info afterwards about our organizing activities (now in the works: "Make-a-Wish for Justice..." Who would you liberate with your last wish, and why? Enough of us are dying each day from poverty that we should be able to use our last wishes for mercy and Justice securing eachother's liberation.).

This Liver Walk thing is not an "event" announcement, by the way, so I'm really not late. It's not "our" event at all, anyway. It's the Liver Foundation's!

"please save my brother"

This is really just an FYI so folks know we're out there and make a point of backing up the Liver Foundation if they get any hassles for letting us walk (with what could be seen as pretty provocative signs about hep c - they didn't get this close a preview, so don't hold them responsible - but give them credit). Put a word in with the Governor about compassionate releases, too - Julie's kid needs one so she knows he's got access to the full range of treatment options before too much damage is done...attached is the note we dropped off for her office this week about the walk. They're the ones who encouraged us to get it to them, so, we'll see. (Hopefully no one thinks I'd ambush them...).

Sorry if you get one or two of these that didn't bounce back, and keep getting more duplicates. I'm winging it here.

Hope all of you are well and up for this.

Don't expect much Anarchy at this, by the way. I'd recommend that ADC follows Julie's lead, frankly - learn to dance more gracefully, or her people will take you out kicking and screaming. They're Unitarians and senior citizens (the banner was sewn by an octogenarian), moms and dads and sisters of prisoners, survivors of the war on the poor - most of them ex-prisoners who evidence some degree of PTSD. They do things like hide their legal documentation outside of their homes in case the state comes and ransacks their place to destroy their defense capabilities. It's apparently quite common...

Thanks for whatever help you can send, by the way. We can use a little amplification out here. It's a desert. No one notices living or dying bodies in the desert in Arizona except litterbugs and good samaritans/potential terrorists. You can be prosecuted for even knowing that your student's father might not be documented and not reporting your suspicion (the police will follow it up - all you need to do is report suspicions).

How are migrant communities supposed to stay safe if they can't report rapes and murders to the police without fear of entire families being imprisoned?

COPWATCH! That's how. It's cross-movement organizing at it's finest. And Anarchy seems to be the organizing principle.

Give me till after the walk to open up that blogspot - it'll just say it's not accessible until I do. I'm spent for the night.

Women's Health Week begins with Mother's day this year - begin planning now. And we'll be having a memorial for those who have died in the custody of the state on May 20; location TBA. I believe the 19th is World Hepatitis Day, too, right?

Thanks for your time. It's never too late to check in.

Don't be surprised to see this note go up as my next blog post on all sites, by the way - especially if I can't get these emails through to everyone. Both voices (here and below) are mine.

- peg

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FYI - At the Liver Life Walk SAT AM (March 20), Arizona prisoners' friends and families and former prisoners will be walking together and asking the state to respond to the Hep C epidemic in prisons and jails. 40% of women and 30% of men prisoners across the country are confirmed to be infected with hep c - the rates are likely much higher, and it disproportionately affects minorities and people in poverty. Undiagnosed and untreated in prison, HEP C becomes a threat to the community when people are released - which 95% of state prisoners eventually are.

Julie Acklin is your contact. Her son has HEP C, is in AZ prison, and has just been ruled out as a candidate for treatment.

He got Hep C in prison.

Julie's number is 623-594-4433. She is the principal organizer of prisoners' families and ex-prisoners with this new initiative. Children in will be in ADC Orange; Adults in Blood Red. Team is "A Mother's Cry" - Look for "Hard Time: Hepatitis C in Arizona State Prisons." New blog by that name up tomorrow.

Ryan and Brewer have already had a heads-up. No word back from Governor's office - not holding our breaths.

AZ Liver Foundation says advocate for hep c testing, treatment, research, prevention, and save lives.

That takes guts.

Those are Good people.

Support them with a note "for Hep C in Prison", if you can.

Catch up with us next week if you miss us tomorrow. Donate to the Liver Foundation. Hit the HARD TIME blog. Tell AZ HEP C prisoners and their families to send us their stories. We'll be organizing support and action groups soon.

- Peggy Plews
prisonabolitionist@gmail.com
480-580-6807

--
The "Hard Time: Hep C in Arizona's State Prisons" blogspot is a free virtual info-type space for Arizona prisoners with Hepatitis C, their families, their friends, and their communities. We aspire to facilitate access to research and gather other resources about Hep C, as well as share stories, in order to collectively build foundations from which to strategize comprehensive, humane responses to the challenges of this epidemic among America's prisoners.


http://hardtimehepc.blogspot.com

(Coming March 20, 2010...)

Sex Workers Outreach Project Rally: ADC.

UPCOMING EVENTS:

December 15: Begin 5th Special Legislative Session. Capitol Buildings, Phoenix. Be there.

December 17: International Day to End Violence Against Sex Workers (SWOP-Tucson Memorial).

December 18: SWOP-USA Demonstration at the AZ Department of Corrections HQ in Phoenix.

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Arizona Department of Corrections HQ

1601 West Jefferson, Phoenix (Corner of 16th Avenue and West Jefferson)

More photos will be posted to orient travelers soon. In the meantime, follow the link above to SWOP-USA for the update on the International Day to End Violence Against Sex Workers, and the protest being held in Phoenix on the following day.

AZ Week of Action: Dec 13 - 18

This special legislative session will be during the week of the Sex Outreach Workers Project protest at the Department of Corrections on the 18th – which means the Capitol will be a site for actions by all sorts of groups in the days leading up to the event. Might as well just make that a Week of Action. Anyone who already has stuff planned for that week, please let me know. 

We do need support at the ADC on the 18th - especially women we can all blend in with. Scattered solidarity actions leading up to and happening on the 18th are as good as joining the protest at the ADC, though - especially for the folks who are already working away on people like Arpaio - just tie something into an action that week that demonstrates visible solidarity with sex workers demanding an end to brutalization, and send us pictures so we can show everyone that you're out there. We need to make our resistance more visible, as Puente and allies have done.

The "International Day to End Violence Against Sex Workers" is actually on the 17th, when there will be a more somber event and memorial in Tucson, which people are welcome to - the red umbrella image on this page links to SWOP-Tucson, where you can get the flyer. I think we'll come up with a common symbol (umbrella?) or color (red or black?) or sign (end violence against...) or something that other groups can use to demonstrate the connection between seemingly unrelated events. Those are just some thoughts for now.

Contact me with other ideas.

The women with SWOP - USA are asking the governor to make a state proclamation officially recognizing the "International Day to End Violence Against Sex Workers", by the way. Letters from the public to the governor's office supporting such a declaration would help. I would imagine that the unions, police organizations, women's rights groups, and advocates for survivors of violent crime would all be in support of such a resolution, and would register their support in writing.  

But they may need to be asked to do so, first.  

We could use a hand getting all this together next week, so if you’ve been wondering how you can help, I have all sorts of ideas. Please contact me if there's anyone out there interested in doing some community organizing - we need you now through Christmas, at least.

 ---------------

New Special Session Expected to Begin December 14, but Don't Get Your Hopes Up About Any Arizona Budget Solution

Phoenix New Times
By James King in Budget Blunders

Thu., Dec. 3 2009 @ 8:50AM

​Arizona's lackluster Legislature is looking to call its next special session the week of December 14 to discuss ways to bridge the state's $1.6 billion budget gap.

Despite having no plan other than Governor Brewer's one-cent sales-tax increase that has failed time and time again in the Republican-led Senate -- and something called the "I didn't pay enough fund," where legislators are asking for taxpayer donations and is frankly the worst idea we've ever heard of -- legislators will duke it out once again to try to find a solution.

Considering the state maxed out a $700 million loan from Bank of America in less than a week, you would think legislators would view the situation as a bit urgent and not schedule proceedings for two weeks from now. Until the state has a budget and can pay back the loan, the interest owed to Bank of America will continue to rack up...