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.

The address is:

Jonathan Smith, Chief

US DOJ Civil Rights Division,
Special Litigation Section

950 Pennsylvania Ave. NW, PHB

Washington, DC 20530

SOS DOJ: CRIPA Arizona.

Dodge Theater, Phoenix, AZ.

Halloween Night, 2010.

-------from the AZ Department of Corrections' website (posted 3/30/2011)-----

ARIZONA DEPARTMENT OF CORRECTIONS
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.

-----via personal email, March 26, 2011 re: suicide on Santa Cruz-----

"Perryville - 16 yard: Inmate 184221 LOPEZ Susan died last night by hanging. Was told she was a low risk inmate who was put in 16 yard after returning from going to court.

She had just been brought back to from court where she was sentenced to 3 years concurrent on a charge but the counselor told her the computer said she got 6 years-consecutive. She begged for help and was ignored. Her counselor did nothing to try to get that corrected and would not allow her to talk to anyone about it.

She had been seeking help for several days and begged for help. The counselor did nothing. She asked for help from other officers.

Her husband called to say their daughter was having surgery in the hospital - a family emergency. She tried to get the counselor to let her call home on this emergency. He would not help her."

----received from ASPC-Perryville/Santa Cruz via US Mail on March 30, 2011 (dated 3/28/2011)-----

We must do everything we can to keep this from happening again.

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

Brewer: Please sack Chuck Ryan.

This letter to Governor Brewer, received in a roundabout way from the Arizona Correctional Peace Officers Association, confirms some of my suspicions. Way to go Tixoc and the ACPOA.

I'm glad they have as many problems with the falsification of records and shabby treatment of prisoners as I do. Their website is an interesting resource, and I imagine they probably have members who would willingly provide eyewitness testimony to institutional patterns of abuse, neglect and deceit to anyone investigating the ADC. Corrections' employee websites and blogs are the bomb. The ACPOA has had a running commentary from the president about the dictatorship of Chuck Ryan for quite awhile, and now they're bordering on insurrection. In fact, it looks like they're already there.

One problem, however, is that the appeal to sack Chuck Ryan goes to the very person who wanted him there to bully everyone into submission in the first place - this isn't just how Chuck runs his department, it's how Brewer runs the state. She asked that man to come run the ADC for a reason, so I'm not entirely optimistic that this appeal will make much of a difference with her - especially given her overwhelming victory in the elections. But it's still a message worth sending.

Good luck in your battle, folks. Let me know if I can help.

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

November 10, 2010


Governor Janet Brewer,

We, the Arizona Correctional Peace Officers Association, represent all members of the Arizona Department of Corrections to include: correctional officers, correctional officer IIIs, correctional sergeants, correctional lieutenants, correctional captains,correctional nurses, correctional majors, non-uniform staff and many others that proudly serve the citizens of the State of Arizona. We respectfully submit this letter as our official notice regarding a majority vote of no confidence in Agency Director Charles Ryan.

We, the AZCPOA, write this letter with great hesitation, and only after much discussion and contemplation. We hesitate because we consider ourselves a team of professional, dedicated and educated individuals, and it goes contrary to our traditions to break the chain of command. We also hesitate because we fully believe that if this letter does not have the desired result, there will most certainly be retaliation. We will most certainly pay a high price for doing what we know in our hearts to be the right thing for the State of Arizona, its citizens and its employees.

Over the past year and a half, we have been disheartened by the actions of Director Charles Ryan. He has tested our willpower and confidence in his skill to adequately lead this agency. Under his leadership, staff morale has plummeted to depths never before seen at this agency. This is a direct reflection of our lack of confidence in Director Ryan as he has not taken any steps to improve the spirits of the members of this association or members of this agency. If anything, attitudes have continued to deteriorate within the department forcing an exodus of many well respected individuals and members of our Association.

Employee issues in question regarding the leadership qualities of Director Ryan include: lack of communication in the day to day operations of the agency where information is not disseminated through his subordinates who are responsible for ensuring compliance with polices and procedures. To illustrate this point, there are many unanswered questions regarding staff rotation and why the methodology is inconsistent from complex to complex with apparent disregard to employee needs and fairness.

Furthermore, the agency has experienced a large amount of disparate punishment for similar offenses in the past and suspect there are employees that are being targeted for political reasons or just purely disciplined on emotion rather than facts or evidence at hand. It appears the merits of the investigations have no bearing on the sanction imposed thus poor judgment is used to handle these matters. It is our opinion Director Ryan fosters an atmosphere of workplace bullying and intimidation of employees to maintain a micro management type of control over the agency.

There exists, within ADOC administration, a well-known pattern of obstructing the disclosure of hazards in time to prevent accidents, injury, illness, and deaths. Tragically, in these instances, danger is not "imminent" - it is past, and too late to respond. Employees are routinely ordered to falsify documents and when they proactively seek to report identified hazards, they face punishment and retaliation. Obtaining an accurate account of the range and extent of violations will be difficult from records alone. It is unlikely that ADOC will disclose information without well-planned intervention by authorities. There is no evidence of any health and safety program existing, even on paper. There is no identifiable health and safety officer or other person bearing that responsibility and essential training is lacking to assure staff can perform certain assigned tasks safely and equipped with appropriate equipment e.g. cell extractions, transports, etc.

The entire department is devoid of any active programs for: Fire Prevention, Hazard Communication, Respiratory Protection, Medical Surveillance, Record keeping, Ventilation, Emergency Evacuation Procedures, Disaster Preparedness, Emergency Response, Training, or Education. Failure of ADOC administration to respond has resulted in secondary risks and complications - now endangering, not just the prison population and employees, but the public at large. Appropriate identification of risk requires your immediate intervention. Another day must not go by without initiating an investigation.

We as institutional line staff are expected to hold a very high standard within the institutions and community, we expect that our Director and his administrators to be held to the same standard of conduct and the same standard of punishment if those standards are violated.

In closing this matter, we would like to remind you that we are not troublemakers, malcontents, or disgruntled employees. We are members of the Arizona Correctional Peace Officers Association who have given our hearts and souls to serve the agency and the State of Arizona. Our agenda is strictly based in the well being of the agency so that we may appropriately serve the communities that depend on us for public safety.

Based on these circumstances we tender this letter of No Confidence in Director Charles Ryan and ask that Director Ryan be removed from his position.


Sincerely,

Tixoc Munoz
President and Executive Director
Arizona Correctional Peace Officers Association

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.

Fight with the Truth, Director Ryan, or get out of the way.

One of my e-mails to Director Ryan and his corporate counsel last week, addressing the shoddy medical evaluation of Davon's condition, and what I think is really underlying a lot of this resistance. We are collectively, silently lending our consent to the widescale extermination of people with addictions and serious mental illness via Hep C, diverting them from hospitals and treatment programs in order to feed the prison industrial complex in the process, where many will ultimately die of neglect.

I must have hit a nerve or two with this one - it was never answered by either of them. I wasn't that surprised - just disappointed. I'd been holding out hope that Ryan just had a bunch of incompetent subordinates who were covering themselves by keeping the truth from him, and that if he knew the truth, he'd step up to the plate himself. But I think he knows full well what goes on in that place, and it's him that his people cover for. What a no-win situation that must be for them.

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

This is Davon Acklin's prison doctor.

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

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1. Millions of Hepatitis C Funding Dollars Hijacked

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He also goes by "Bill".

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1. California Hepatitis C Task Force

   Jan 23, 2009 ... Bill Remak is Chairman of California Hepatitis C Task Force & Chairman of National Association of Hepatitis Task Forces. ...
   www.californiahcvtaskforce.org/ - Cached - Similar

2. Mission Statement - California Hepatitis C Task Force

   CALIFORNIA HEPATITIS C TASK FORCE BOARD OF DIRECTORS AND ADVISORY BOARD. BOARD OF DIRECTORS. 1) Bill Remak, Petaluma -Chair. 2) Phyllis Borchardt, San Diego ...
   www.californiahcvtaskforce.org/miss.htm - Cached - Similar

   Show more results from www.californiahcvtaskforce.org

3. Bill Remak is Chairman of California Hepatitis C Task Force ...

   He is a survivor of liver cancer and two transplants and is diabetic. He was a laboratory scientist at UCSF, but after his illness he started organizations ...
   www.wsradio.com/wsradio-player.cfm/type/...with.../24727.html - Cached

4. Bill Remak (wmremak) on Twitter

   Get short, timely messages from Bill Remak. ... To watch a webcast of the Congressional hearing on Viral Hepatitis, click here... http://fb.me/AYjYIxVP 1:54 ...
   twitter.com/wmremak - Cached

5. Hard Time: Hepatitis C in Arizona's State Prisons.: Remak: The ...

   May 4, 2010 ... By Bill Remak, B.Sc. MT , B. Public Health, SGNA, AHCJ. (wmremak@pacbell.net ) Chair, National Association of Hepatitis Task Forces and ...
   hardtimehepc.blogspot.com/2010/05/remak-scandal-of-hep-c.html - Cached

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Any questions?

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August 18, 2010

Charles L. Ryan, Director
Arizona Department of Corrections
1601 W. Jefferson St.
Phoenix, AZ 85007


Dear Director Ryan,

This is actually the closest to a white flag that you may ever see from me. I'm just showing you part of my arsenal to get your attention because you think I'm outgunned. I haven't posted that Google yet (nor, as far as I know, has Julie, but Facebook is her territory). By the time what I'm offering here expires I'll have thought of something better, though. Hopefully I'll have also figured out the software for my camera so I can upload that video of Julie, too. I don't expect it to ever enter a courtroom, but that doesn't mean it doesn't carry weight.

Davon could be getting well right now, for all the money and staff time you've invested in diverting his mom from getting him appropriate health care. That kid needs to be seen by a specialist competent in treating Hepatitis C before you claim he doesn't have a life-threatening condition with any credibility. So far, I'm not convinced that he's not in imminent danger, and I'm leaning towards thinking there's a whole class of men and women in there who are dying from your neglect.

But no one wins if Davon dies from this illness; we both know there isn't time for a class action suit. You may have fallen for your people's BS (assuming you aren't the source), but we aren't, so please stop sending people who don't know what they're talking about as if we don't get it. You may not have been made aware of this, but Davon's liver enzyme values are not only way out of range, they've multiplied since he was tested nine months ago. He should have been seen by a specialist and considered for treatment immediately. Instead, ever since his most recent labs were done, people have been trying to convince Julie - and now the governor's office - that she's just ignorant and over-reacting.

If the rapid rate at which Davon's liver functioning has deteriorated doesn't trouble you enough, then open his medical chart yourself - the first thing Julie noticed was what was missing. She has volumes of information she provided you folks on his psychiatric history and needs. He had 8 case managers and an ACT team that couldn't keep him out of prison, but you've only given him nine pages worth of care? That's shameful. You're not treating his mental illness, you just have him in chemical restraints.

It gets worse from there. Apart from Dr. Robertson's show of ignorance about his patient's medical conditions and needs, your staff have given Davon medications for illnesses he doesn't even have on more than one occasion. Are we really supposed to be convinced they know him at all? Did Jim Clenney think that giving us some guy with credentials would make us shrug our shoulders and quietly walk away? Did either of you?

Do you know what an aggressive strain of Hep C can do in ten more months? We aren't giving it one more month. I won't wait for the Clemency Board - I'm not putting all my stock in them, and a qualified assessment of Davon's status should have been done at least 3 months ago. You could have had a huge lead on this disease if he started treatment of any kind sooner - he's not even getting vitamin or protein supplements, and Julie's been screaming to your people - and everyone else in range - for months about his fatigue and malaise. There's absolutely NO reason he should be expected to be his own advocate in the face - and custody - of the state. I think he's pretty competent, myself, but he's nonetheless been designated as disabled by the severity and persistence of his mental illness for a long time; his mother even has power of attorney. That should have given someone a clue.

But even the guys who are certifiably sane give up asking medical for help, there. I have volumes of mail to that effect. That tells me a lot. I already know you wanted to save money by revamping how you do things in that arena - like increasing co-pays to discouraging requests for MD visits by people earning pennies an hour (if they're lucky enough to have paying jobs in the first place). I hope you also want to save lives, given the chance, despite the fact that those under your immediate sphere of influence are slaves and criminals. If so, you're investing resources in the wrong places. Prevent lawsuits by offering consistent, decent care.

I don't need an attorney or Julie's okay to tell you that there's nothing more we'd like to see than solid evidence that Davon's health care needs are being competently met and he has a chance to get well. An attorney will want more from you than that, so please don't waste any more time or public resources stalling us. Prove us wrong with the truth. That's what Julie's been asking for all along.

A lot of your other families are hurting too, actually, and the longer you leave me standing out here challenging you, the more there are who will find me. I make no promises to you about how I'll deal with their loved one's illnesses - I won't agree not to come after your department myself again - with an attorney, even - and I'll probably help anyone poor enough to need me. I'll grant that you're stubborn, but you've been wrong about Davon, and your resistance has only made me stronger and more creative as an advocate for prisoners with Hep C - as has time, too much of which has passed now.

It's urgent that Davon is assessed by a hep C specialist - not just have his physician rubber-stamped by a committee. If he was home we'd be calling 911 for an ambulance - a whole lot of people would be.

I can't swing Davon's medical bills - I can't even keep him stocked with peanut butter. Catch up with my credit report if you didn't know that already - I can't keep up with my own doctors. But I'll sell everything I have down to my computer, pledge a part of my monthly income for the cause, sign whatever you draw up that gets the state off the hook for it, and take responsibility for finding more people to help cover it. I'm not shy about asking for help when I find someone in trouble, and I am a witness that this family is in trouble.

I can fundraise a lot easier if this offer is made publicly than if it's just between us, but right now, if you get Davon help this week, you can pretty much write the terms. I'll even surrender my ego - just not other prisoners. I'm sure my little brother - the one who does health policy stuff for the United Way - would tell me that an attorney would never be stupid enough to say such a thing, but I'm not the one with the law degree in the family. Not yet, anyway. I'm already pretty occupied as a writer.

You will ultimately be the villain or the hero here, Director Ryan. In either case, I'll give credit where it seems to be due. I'll figure out my next move in a day or two if you block this one - we aren't playing the waiting game any more with you. Please tell Julie you're having Davon seen by a specialist, and then offer him the option of a full course of the best treatment a guy can get in there - for all any of us know, once he gets a taste of what his mom is fighting for, he'll opt out of interferon treatment until something better for people like us hits the market.

I know what the algorithims boil down to, by the way, that no one wanted to dare say out loud to Julie, because she's going to nail you for it already: treatment "isn't indicated" because he's a bad risk by way of co-morbid psychiatric diagnosis and substance abuse history. Everything else but those things and income level is actually just right for treatment to be recommended, otherwise. In fact, looking at his age and even Dr. Robertson's appraisal of his physical presentation, Davon would be seen by most experts as a really good candidate for treatment now - someone who would probably be successful staying Hep C-free, too.

That's bigger than you, though, I realize. It's the case all across the country, in the prisons and the community (though your standards - as demonstrated by your failure to even assess Davon thoroughly for the Clemency Board's recommendation - are below the community's. You don't even know if he has AIDS???). The scale of the epidemic - and the amount of bureaucratic cowardice in its face - won't stop me from doing everything I can to stop it, though.

In fact, it compels me forward every time I begin to feel too old and tired to keep the pace up. The dually-diagnosed are outright slated to die off from this thing, and I bet the CDC is paying close attention to their mortality rates, co-morbidities, and resiliency factors. If they aren't yet, they should be. But I think it's more insidious than passive observation - they're helping to starve your medical budget by way of issuing treatment guidelines that are way behind current research. A decade, at least. Check it out yourself (don't entrust it to your medical staff, anyway). They're leading the pack in their complicity with something I see as being the equivalent of murdering AIDS victims because they're gay. Only these people are also overwhelmingly poor, too. And people of color - that's why it's taking so long to catch up to HIV.

Can you imagine how many people would be freaking out if they grasped the truth about this disease? They don't have a clue unless their loved one has been to prison - that leaves most of white America in the dark. I'm planning to shine avery bright light in their eyes, too. They think they prevent cirrhosis and liver cancer by being tea-totallers, and they don't even consider the possibility that this could escape like AIDS and kill their own kids. The CDC's leadership role in Hep C wreaking havoc through so many lives may actually be your best defense - but when you have to answer for how you dealt with this epidemic to the generation that will inherit it, do you want it to be "I was just following recommendations?"

You do realize that you're on the front lines, don't you? At least, your prisoners and lowest-paid employees are, anyway. They are directly in the line of fire. They are the fodder creating the illusion of a buffer zone for something that won't be contained and isn't about to burn itself out, at this rate.

I bet mentally ill prisoners with Hep C constitute a large portion of the CDC's control group - the main population that's pretty much guaranteed to be denied treatment. Ever think of that? That's what's driving me to deal with you - it is not the pleasure of your company I seek. I'm much more interested in breaking through your denial - if you have any to begin with - about what's really going on with Hep C than I am in suing you. I need the kind of help you might give someone who was a victim of your merciless enemy - that enemy being Hep C, and hopefully not me. I assure you I will not be shutting up soon about this, whatever you do, so please don't write that into anything I might sign, or it will waste our time. What's happening with this disease in America is extermination.

And my own family has been hit, so don't expect to shake me. I have nothing better to do with my life.

You actually have less than a day, now, before I write again, cc or publish. Consider this to be my call to 911 on Hep C brutalizing someone I love behind your walls - or think of it as your last shot across the bow; that's up to you. It's hard not to post this thing while it's fresh, but like most distress and warning signals no one else has to replay it if it's answered responsibly - it just gets filed. Everyone gets to hear if I have to keep yelling for help from your doorstep, though - and I won't be waiting for you to kill anyone before I holler again.

So, if you're sincere about the public welfare and deserving of any medals for courage under fire, then please stop waiting me out. Invite me in, again, instead. You control the time, the place, and the witness - I only trust Karyn, though, to have both a conscience and a clue. She's the only one I'll talk to other than you without bringing another Copwatcher along.

I'm not asking a lot for Davon, here, but I'm expecting a lot from you. I hope you appreciate what an extraordinary leap of faith I'm taking in both of you to offer to meet you by myself, in fact. That's why this window won't be open very long. Julie doesn't even know that I'm offering to do this, or she would probably stop me - as would most of my friends. You haven't exactly given us much evidence to think that you can be trusted. But, I figured if you were in the pockets of politicians I have good reason to be wary of, I'd already be incapacitated by now.

I'm counting on both your autonomy and your honor really meaning something to you. If they do not, then at least I know that whatever your response is, I will have done what I need to in order to retain mine - and in turn, my own freedom. You may hold a bunch of keys, but that doesn't mean you aren't bound by chains and auctioned off at the market when they're done with you. I won't be; not that way.

This is your chance to stop me, help me, or get out of the way - either way, I need to know where you really stand, and I don't think you can afford to ignore me any longer. I can put this thing on the November ballot, still, by making Hep C in the prisons a pivotal issue. I may yet. Please get back to me today.

Sincerely,


Peggy Plews
480-580-6807


--
“The degree of civilization in a society can be judged by entering its prisons.”

- Fyodor Dostoyevsky (1821-1881)

Prison Abolitionist
http://prisonabolitionist.blogspot.com
Arizona Prison Watch
http://arizonaprisonwatch.blogspot.com
Arizona Juvenile Prison Watch
http://azjuvenileprisonwatch.blogspot.com
Hard Time: Hep C in AZ Jails and Prisons
http://hardtimehepc.blogspot.com
Free Marcia Powell
http://freemarciapowell.blogspot.com

¡El pueblo unido, jamás será vencido!

Resign, Director Ryan: Former Deputy Warden breaks the silence.

What follows is an open letter to the Director of the Arizona Department of Corrections, Charles L. Ryan, from a former deputy warden of his, Carl ToersBijns. For those of you who missed it, Mr. ToersBijns was interviewed by Channel 12 recently, calling on Ryan to resign. Ryan was asked to respond, of course, at which point he called Carl a disgruntled employee, hence the reference to that in the letter below.

Mr. ToersBijns recently published two books about his career with the Arizona and New Mexico prison systems: "Wasted Honor", and "Wasted Honor II: Underground Power", which I ordered and skimmed through after we connected, wanting a better sense of the man before publishing his letter here. They aren't tell-all books; there are really only a handful of references to Ryan in them (though they serve as examples of how not to be a good department director). Carl's intent appears to be to train others going into the field of corrections, not to slander his former colleagues or boss. I suspect there are many secrets he still keeps.


I originally received the letter below by email on August 17, 2010. Between the several exchanges we had about it, his public posts and the interview, and my cursory review of his books, I am convinced that the letter is authentic. Carl is hardly an abolitionist (he was quick to tell me he isn't a liberal either, but I do believe he's more progressive than most men in this state). We have vastly different perspectives on incarceration (especially on solitary confinement and special management units, or SMUs), but my impression is that he is a sincere man who does not frivolously engage in character assassination or vindictive crusades. He appears to be motivated by a genuine concern for the public's safety, the success of corrections officers in assuring security and facilitating rehabilitation, and the welfare of those committed to the custody and care of the state. Carl evidences considerable compassion for prisoners who are mentally ill, in particular.

I am not so sure that the same can be said for Director Ryan, however, as he and his staff have ceased communicating with me on all matters. I've had a couple of public demonstrations and challenged him on a few things, and I think he's punishing me with the silent treatment, now - he knows how much I hate it. I'd lose my mind in an SMU - which is precisely where he'd put me if he could, I'm sure, so watch my back out there please, folks. I'll be coming out with a lot more on the ADC soon.

The only edits I made below were for formatting purposes, by the way - the content is all Carl's. This, I think, takes real courage...

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Open letter to Mr. Ryan.

I have only told a few but I put it in my book about my relationship with you [Mr. Ryan]. I was somewhat taken by your name calling referring to me as a disgruntled employee. Yes, I did leave sudden and I gave the Agency my two weeks notice. However, what I didn't say out loud is why we are ethically apart.

On May 13th last year, you said something in a general [warden's meeting] setting about a family member of mine. A man [family member] I have never met to this day, but who was the brother of my wife and incarcerated in Lewis. You, Mr. Ryan, told the former warden of Lewis complex this man [family member] deserved to die. You told the warden on the pretense of an "inside joke" some inmates deserve everything they are entitled to (per the grievance policy) except RH, who deserves to die.

(Obviously, you didn't know this inmate was my wife's brother incarcerated in Lewis and who has a very serious crime and considered by me to be a very bad individual with poor moral values).

I kept this mentioning of your comments about her brother from my wife and my mother in law for a month - I never ever kept anything from my wife - we had no secrets and I felt like (inappropriate term) keeping it inside and pretending all was ok. We [Ryan] had a face to face and we agreed to disagree and we moved on. You gave me a director's coin and we parted. It was never pleasant around you nor did I believe you were sincere when you offered an apology to me in your email stating "Nor, would I have had any knowledge that you had a family connection to an inmate in our system."

Since then I let it go and worked on the issues at hand. Yes I left sudden cause I had the time of service and age to retire. He had no integrity with me and I could no longer work for this man. I said this in my resignation letter that I handed to my warden... Disgruntled, not me, disenchanted, very much, I thought leaders were men or women who serve others and not themselves. Character counts and you Mr. Ryan, have no character when it comes to leadership and taking care of your staff and the public.

Respectfully submitted "Kodiakbears" [Carl ToersBijns]