Justicia Ahora: Resist State Violence this Friday.

Ricardo Levins Morales

National Day of Action Against Police Brutality

Friday, October 22, 2010 11am- 1pm

MEDICAL NEGLECT
IS VIOLENCE:

STOP KILLING THE PRISONERS!!!

Arizona Department of Corrections
1601 W. Jefferson St. (at 16th Ave)
Phoenix, AZ 85007
(park in the SE lot at Wes Bolin off Jefferson - the ADC is across the street.)


17 suicides/15mos
5 homicides/9 months
6,000 HCV+ prisoners and counting…

HARD TIME HEP C ALLIANCE - AZ
http://hardtimehepc.blogspot.com

For more information, contact:
Peggy at 480-580-6807 or
prisonabolitionist@gmail.com

ALL FAMILIES WELCOME:
CHALK, BUBBLES,
and GREAT PEOPLE WILL BE THERE.

PLEASE WEAR BLACK.
(and come prepared to kick some Hep C ass)

Julie Acklin: Tenacious advocate for prisoner's rights.

Julie Acklin (holding photo of son Davon)
with the Arizona Liver Foundation staff/volunteers.

Anyone who's read more than just a few blurbs on this blog should know who Julie and Davon Acklin are, by now. What follows is just one story of how Julie's touched others' lives for the better. I pulled it off of her Facebook - her friend Verena posted it there to remind her of how much she means to those of us who know her, and to ignore the skeptics and haters who occasionally land on her pages and try to sabotage her efforts to assure decent medical care for her son. I've met Verena and her daughter, and know this story to be true.

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Sunday, September 6, 2010

Hey Julie,

We love you, and the ones that truly know you know what you are capable of.

Here is my story of my beautiful daughter who almost died at the hands of Texas Prisons. My daughter was 21 and on 9/9/09, first let me tell you she suffers from a mental illness. She had been on suicide watch numerous times; she was in the treatment part of the prison for substance abuse and behavioral health issues. She stands only maximum of 5 foot 2in, and very petite.

A couple of weeks before I received a call, my daughter called me from her counselor's office. I asked my daughter if I could speak to her counselor, my daughter handed the counselor the phone, I tried to give the counselor the information on what my daughter needed to work on and the counselor hid behind the HIPPA law stating that she could not take any information from me regarding my daughter. I informed her I wasn’t seeking information but felt it necessary so my daughter could be treated for these issues. Remember HIPPA Laws state that you can receive information, but the professional can not give it with out a written Release of Information, or verbal permission from the patient. My daughter handed her the phone that was a verbal.

I received a call from the Warden, a few weeks later telling me my daughter is on life support, when I asked what happened she told me she hung herself. I lost it. Now I’ve lost control, and going insane it felt like, the warden told me I needed to get to Texas, ASAP. So I contacted my Mother and we left for Texas. I had to see my daughter on what they call a High Five ventilator. I guess it shoots 300 breaths in to the patient; my understanding was they said it’s the most intense ventilator they had.

While at the hospital the Dr. told me that my daughter had a 9 % chance to live. I had to leave Tx and come back home. I had not heard of Julie until I got back - I think one of my friends called her or knew of her. When I got back from Tx, I received a call from Julie telling me she is a prisoner rights advocate for the National Alliance for the Mentally Ill (NAMI). She asked me what happened and all I could do is cry.

Julie was so patient with me, and so understanding with me, she provided me with hope, which I lost in Tx. Julie kept in touch to see how I’m doing on a daily bases. Julie jumped in to action and started calling everybody, God only knows who, Julie did something and the charges were dropped on my daughter and she got better and was sent to the prison psych ward, while being released.

The prison told Julie that I could call and talk to my daughter, so I tried to, but the prison would not let me talk to her. They stated that she was still in custody, I explain to them she has been released, needless to say I was not successful, so I called Julie and was crying again and explained to her what happened.Julie got back on the phone and next thing you know I received a phone call the staff at the prison, and they put my daughter on the phone. She didn’t sound like she was all there yet, she wasn’t fully back to being her.

When I went back to Texas to get my daughter and bring her home to AZ, we had to pick her up from the psych prison ward. My daughter had MERSA (staph infection) on the back of her head, she couldn’t walk, she over enunciated her speech, and had traumatic brain injury. She had memory loss, too. My daughter had not had a bath in 4 days, was left to defecate and urinate on herself. She was unable to walk or stand; she needed help with every thing. My daughter would still be there in prison or dead if it hadn’t been for Julie.

Julie fought day and night for my family; she is a blessing to have. If Julie went to bat for you she fights with all she has. Not all situations will turn out the way this one did, but it’s not from a lack of trying on her part. Julie is my friend and she has a heart for justice for our loved ones in prison.

If you all don’t believe me I have pictures of my daughter on life support , and you can meet my daughter get a hold of me on Facebook and leave me your # and I will be more than happy to meet you in public. Julie saved my daughter's life. Thank God my daughter turned 22 this yr.

Verena and her daughter, with Julie's daughter Kirsten, at the 2010 Liver Life Walk raising awareness about prisoners with Hepatitis C. They're holding up a birthday card for Davon, Julie's imprisoned son, for whom we were all walking that day.

From Conspire to Perryville, with love.

I also did a few actions earlier in the evening, chalking up the sidewalks outside of the Goddard Brewer debate, bringing my signs by the Capitol and ADC for some postcard photos, and stopping by Conspire to get some friends to help me show some solidarity with the women at Perryville / Santa Cruz who are on lock-down and have been resisting the conditions there...




Note that this cop doesn't hassle me -
he just looks curious. (Central)

(First St./KAET)

I knew the ADC central Office would want to show the women their support, so I included them in my evening shoot. The light was awesome.












While I was there, I also pulled my Hep C
sign out - looks pretty sharp, eh?
Great postcard that'll make.

Didn't want to leave the Governor's office out, either.

And finally, the women of Conspire,
in solidarity with our sisters in Perryville Prison.
Resist!

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.

The Free Man in Prison: Visiting Davon Acklin.

Wanted to let folks know that I was finally allowed to see Davon at ASPC-Tucson this weekend, and we had a really nice visit. Considering my recent protests and letters, I was kind of surprised that they didn't greet me with all sorts of bomb- and drug-sniffing dogs, hostile guards, petty rules, and unpleasantness falling just short of a strip search to get in. The whole affair was pretty low-key, though: the men and women in brown were civil - even friendly - as they checked me in and told me to keep my feet on the ground (they were killing me and I kept stretching them out on the bench).

Davon looked gaunt and pale, but his smile was warm, his hugs were strong, and our conversation flowed as if we had been friends for years. He's mature, insightful, bright, and kind. I correspond with a lot of prisoners, some of whom have committed pretty heinous crimes, but many of whom are either innocent or have been abusively sentenced. Davon is one of the few who takes responsibility for the decisions and conduct which led to his arrest and ultimate incarceration, even though his prosecution was inappropriate and the sentence was excessive - in my book, anyway.

Rather than ruminating on how unfair life has been to him, Davon's spent a lot of time learning what he can from being where he's at, and thinking about what things he needs to do differently once he's free again. It's not just that he wants to avoid returning to prison - he spoke both humbly and eloquently of his remorse for what he's put his family through, for stealing from others who worked hard to acquire their possessions, for letting addiction run his life and wreak havoc in the lives of others. We talked about our respective sources of spiritual strength and understanding, and struggles managing our moods and minds. I was AA-raised and he was prison-raised, but somehow we both ended up with similar conceptions about our responsibilities to our families, our communities, and ourselves.

Davon isn't in a 12-step program, nor is he enrolled in any kind of formal treatment in prison. But he's spent a bit of time studying religion, reflecting on his own values, exploring the world through the Discovery Channel, and growing despite his confinement. He is as engaged in the process of recovery as I was at his age, going to meetings every day and celebrating sobriety anniversaries (my 3 and 6-month ones over and over again the first few years) only he may well be more mature than I was at the time. His wisdom has come at greater price than most have to pay, though - and he'll likely be paying for it for awhile.


Davon worries more about his mom and little sister (whom he adores) than he does about his health. He wasn't nonchalant about it - he really hasn't been feeling well and as much as he wants a job to occupy his time and pick up a few more bucks a week (which is all it amounts to, literally), he admits he doesn't have the energy to be a predictable employee right now. The day we visited he said he was having a good day - that was evident by the life in his eyes and all the cupcakes he consumed. But once you get a job there, if you fail to show up for it you start accumulating tickets - there doesn't seem to be any real accommodation for someone who is struggling with fatigue, weight loss, and other symptoms like he is.

It was clear from our conversation that Davon's been studying up on Hep C and taking responsibility for not exposing others to his virus. A few months ago I sent him a calendar for prisoners about Hep C, which he read through and has been using. He talked about the different recommendations they made for preventing transmission in prison - like not sharing tattoo equipment, razors, or other items that could have blood on them. He observed that they were good recommendations for preventing HIV infection, too, so he's trying to protect both himself and others from further harm.

It was also clear to me that he doesn't have his hopes up about a pardon - I'm not sure he's convinced he "deserves" one. Davon sees men suffering around him every day who have heavier burdens that he thinks he does, and less help to carry them. He takes responsibility for his crimes and has accepted his sentence; he's not expecting to get out until his scheduled release date, though he appreciates everything that Julie and others are doing to try to spring him. He does hope to be better educated about his medical status, to get a full workup, and to have some kind of choice about treatment to rid his body of this virus - he realizes that the sooner that happens, the better his chances are of successfully recovering. He doesn't like being sickly and wasting away, and he's concerned about the implications of the labs that have come back thus far, as is Julie. He doesn't want to be an infectious threat to the health of others, nor does he want to die at an early age of liver or kidney failure. He wants to work in construction with his step dad and have a family someday; he wants to have a life after prison, and put what he's learned into better use for others than he has thus far. That doesn't seem to be too much for a young man to yearn for.

Davon is still good-natured about being a poster boy for Hep C in prison - he figures that with all the work his mom has done to get him decent health care, at least his misfortune can help educate and serve others. He seems to have the respect of his peers, and has managed to avoid being sucked into the gang scene. He stands on his own two feet, but I can tell there are plenty of fellows there watching his back, too. According to him, that's as much due to the help his mom has given the other guys and their families as it is to his own reputation and character. He chuckles knowing that he's probably experienced some retaliation by guards as a result of Julie's activism as well, but sees a certain amount of that as unavoidable.

Not that he's happy about that, but he seems to think that it's still better to be mistreated because of something good he or a loved one does than to be ignored for being indifferent to injustice or suffering. He's not stupid and running to everyone's rescue, but his value system tells him that doing nothing when something is clearly called for can be worse than getting in trouble for doing the wrong thing. That's the kind of person he is.

I have no idea how long we ended up visiting Sunday, and there's a whole bunch of stuff we talked about that I can't even begin to get into, but that pretty much sums up the heart of it all. Davon apologized for not writing back to everyone who's written to him - those letters really do mean a lot, and he loves the pictures he gets of other places in the world. Postage is hard to negotiate sometimes - especially for letters overseas. And he just doesn't have as much energy or focus as he used to - even I don't get as much mail from him now. He asked me to extend his appreciation, though, to everyone who's written to him, signed his mom's petitions, joined his cause, and pulled for him in one way or another. He's especially relieved to know that Julie isn't in this alone, for her sake. He loves her and worries about her a lot. He doesn't want her to worry so much about him. Because of that, I suspect that he's feeling worse than he lets on most days.

Davon's rap sheet would tell you that he's an out of control drug-addicted, mentally ill violent criminal - a repeat offender, even - who some would say shouldn't ever see the light of day. But a closer look at him reveals a compassionate, responsible, maturing young man who has become a better human being despite, not because of, the dehumanization of life in an Arizona state prison. Perhaps his good character shouldn't have any bearing on whether or not he gets medical treatment for his Hep C infection, but we all know that value judgments figure into equations like that anyway. Why else would the state eliminate AHCCCS funding only for those liver transplants needed by people with Hep C, if it wasn't because the population is made up largely of those who have been criminalized for their addictions? It's the same reason we took so long to do anything meaningful about treating AIDS: the twisted logic goes that these are society's undesirables, anyway, who did it to themselves, and therefore deserve what they get. Some sick pups would even call such a fate divine justice. They've clearly never lost anyone they love before.

Davon is a more free man in prison in many ways than a lot of us - he chooses who to be and how to conduct himself without making excuses like so many do. He deserves better than what he's getting now, I can assure you, whatever standard you measure that by. They all deserve better, but he's the one in my sights right now.

As for Divinity's role in this young man's future - God is Love, as I understand it, and works miracles through the actions of ordinary people. Davon seems to be doing his part. So, please join the cause, visit the new page Julie's friend set up for her urging that he gets treatment now, and sign the petition to the Clemency Board if you haven't already - then spread the links to your friends. If you've done all that and want to take it a step further, write Governor Brewer a personal letter urging better treatment for all those with Hep C, and send a copy to Julie, the AZ Department of Corrections and your local paper. Remind them that prisoner health is public health, too. We need to be educating everyone else about this, before it's too late.

The Governor's Reply and I: Correspondence with the ADC.

Some of you may remember that I wrote to the Governor a couple of weeks ago about Davon Acklin, William Macumber, and the other prisoners that she's leaving to die behind bars - regardless of their illnesses, crimes or innocence. Yesterday I received a reply to that letter from the Office of Constituent Services at the Arizona Department of Corrections. Below is that email, followed by my response to it. I doubt I'll be hearing from them again - I kind of hit "send" when I was trying to "save" and proof it. This gives you the update, though.

FYI: the people I cc'd my response to are Charles Ryan (the Director of the ADC) and his corporate counsel, Karyn Klausner (who was pretty cool when she was a criminal defense attorney, in my book, because she stuck up for that 8-year old St. Johns kid that prosecutors wanted to charge as an adult for killing his dad. Still, try to avoid messing with her.)

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BETTY CASSIANO	Mon, Jul 26, 2010 at 12:23 PM
To: arizonaprisonwatch@gmail.com
Good morning Ms. Plews, Your e-mail message to the Arizona Governor's office concerning Arizona Department of Corrections inmate was forwarded to me for response. I sincerely appreciate your concern for both inmates and want to assure you that the Arizona Department of Corrections provides health care to incarcerated offenders consistent with community standards. Quality care and services responsive to the offender population include: medical services, mental health services, dental care, primary nursing care, and pharmacy services. Keeping offenders healthy is the basic platform from which the offender is prepared and supported to successfully complete basic education, work skills and experience, and recreational and leisure skills essential to building good citizenship and self-sufficiency. The Health Services Bureau also assists inmates in learning to develop and sustain personal wellness through ongoing education designed to augment healthy living while diminishing life-style habits that can lead to poor health and a decreased quality of life. As you may know, medical information is strictly confidential and not available to inquirers in accordance with federal and state statutes. Information about the Arizona Department of Corrections is available on the public website as follows: www.azcorrections.gov . I invite you to access the site for additional information about the Health Services Division and other areas of interest to you. The Constituent Services page provides access to a handbook which includes information about many areas of concern as well as a listing of applicable policies and contact numbers. Betty J. Cassiano ADC/Constituent Services Office

Peggy Plews	Tue, Jul 27, 2010 at 4:42 AM
To: BETTY CASSIANO Cc: CHARLES RYAN , KARYN KLAUSNER
Dear Mrs. Cassiano, Don't believe everything that Arizona Department of Corrections (ADC) health services administrators tell you - they either don't know squat, or they have a propensity for lying. In fact, their department can't even keep their medical records straight or accounted for. Davon needs a liver biopsy for anyone to be able to say how ill he really is (or isn't) from Hep C, and he needs genotyping to determine his chances of surviving this thing with early treatment. Unfortunately, resources are instead being spent trying to deflect his mother and I in our attempts to help him. These are just stalling tactics - as is being referred to you. She and I are both done with the games. I suspect it's going to cost Arizona more to fight us than it would have to competently diagnose and treat Davon early in the course of his infection, because now we're out to change the whole system. We may not be able to bust him out of there in time to prevent further damage from the virus, but he's going to end up getting options for medical care either now or later - all we need to do is to escalate this issue enough that the visibility brings other ADC families to us wondering why their mentally ill kid wasn't offered Hep C treatment, too, and we have a class action suit. In the meantime, you have a lot of highly-paid people spinning in circles doing absolutely nothing for that boy. That's a pathetic waste of precious taxpayer money, and we already spend more on you than on our schools. As for standard medical protocols - "we're just following the leader" is no excuse. You've been warned specifically that neglecting Davon's medical care because he has a serious mental illness is a violation of the Americans with Disabilities Act (ADA), and your algorithms giving you that out are based on research that's over a decade old. Did you realize that? Did Ryan or Karyn Klausner? They'd better not be counting on their dental staff for guidance about whether or not the ADC is following good medical protocol regarding Hep C. Given the advances in the areas of diagnosis, prognosis, and treatment in recent years, that's malpractice in my book. Furthermore, the argument that he's too close to his out date to begin treatment now (because you want to assure that he completes it) is pretty flimsy. You all know full well that Julie would make sure he continued his treatment once released - especially after all this. Few prisoners have as supportive a family to go home to as Davon does. What the American Correctional Association has to say about your protocols and standards is the last thing that will impress me - they're paid off by prison profiteers and have elected as their president the man who's presided over Mississippi's DOC as their prisoner mortality rate has shot up to the second highest in the country. In any case, I think every entity that promulgates the same standards that the ADC uses to determine who and when to treat for Hep C should also be sued for violating the ADA and the Civil Rights of Institutionalized Persons Act (CRIPA). I'm sure to find a good attorney in each pertinent jurisdiction who will agree with me. So, please don't bother writing to me again if you're just going to give me the standard line of ADC BS, as you do so well. It just pisses me off, and it disrespects those dying inside. Your people don't even know how sick Davon is because they refuse to do an adequate medical evaluation - lest a specialist finds something you have to treat (or get sued over for not treating) out of your grossly inflated budget. They apparently haven't even checked him out themselves, yet - for all the communication that Julie has had with you people all this time, now she's being told that unless Davon fills out a health request himself, he doesn't have any symptoms. That's very disconcerting - and the standard MO for departments of corrections trying to keep down health care/litigation costs by denying when prisoners are sick and putting up barriers to care in the first place. All of you are treating Julie like she's some kind of idiot - she probably knows more about Hep C now than most of your "experts". And she's learning fast where the money for Hep C + prisoners comes from and goes to (not to prisoners like Davon, clearly - the mentally ill, that is. They're apparently all a bad risk). Don't bother trying to talk to Julie again either, by the way - all you seem to do is insult her. As for disseminating info about funding mandates and ADA/CRIPA obligations (we're going to make new case law. Just watch): we have more than just Facebook and my blogs for public consumption. We see a whole lot of lives at stake here and are willing to put ourselves on the line over this - and our alliances now include the crew keeping a 24/7 watch at the capitol. They came to our vigil in May and cried as Julie told them about her son, while I passed out Spanish language literature about hep C. Then they blessed us with drumming and sage. Several former prisoners with Hep C came up to Julie to give her a hug and thank her for talking about it to fight the stigma; they always got the message that they're just criminals and therefore not worth saving. It was all pretty powerful. My brother has the video and is going to try to figure out how to put it on You Tube. I've also been contacted by a journalism student who does film editing and we discussed doing a project on Hep C in prison, using AZ as an example of what prisons do wrong. Especially to the mentally ill, who clearly aren't worth the expense or hassle of even finding out if they need treatment or not... Unless you want to be the example of someone doing something right by the most vulnerable people in custody, instead. I kind of doubt Ryan will choose that route, though. As for ADC's health services educating anyone, particularly prisoners: all Davon knows about his illness is what he feels and what his mother tells him. Clearly the people paid to "educate" patients and the public about Hep C aren't doing their job, or we wouldn't end up doing all this. I've read the literature they hand out on Hep C. After describing how ill one can get, one such fact sheet sarcastically concludes: "As you can see, it's better not to get this in the first place." Why am I writing a blog about Hep C and posting the latest research, not them? What did they do to recognize World Hepatitis Day in May? We want harm reduction programs in place both in and out of prison - this is absurd for this disease to still be killing people in 2010 when we know how to stop it. Prisoner health is public health, so don't think this starts and stops with you and no one else should worry about it. Remember ACT UP? You haven't seen anything yet. This (the first two photos below) was just to cheer Julie up - I staged it during AM rush hour in front of Fox News. Saving Davon is what this comes down to, not just freeing him. Once we aren't competing with SB 1070, we're going to be out there raising hell and digging up more witnesses and claimants. We can be pretty creative; I'll escalate it as necessary to get local and national media on this, and I have a lot of friends who are sympathetic to prisoners and down for just about any kind of direct action that counters state violence - which is what I consider medical neglect of institutionalized persons to be. I have no fear left in me and very few inhibitions - I was already assaulted the night we did the candlelight vigil (hence my silence on the anniversary of Marcia's death - I was abandoning my home that day), and my car was vandalized two days later (nearly killed me on the highway when my tire went). All coincidence, I'm sure, that just knocked me off my feet for a little while - blessings in disguise to teach me that no matter what happens to me, exposing you people is the right thing to do. As is exposing the Governor's brutality, who still has to answer for leaving Macumber to die. Even the New York Times is watching him (and now Liptak knows about Davon, as well), so please try not to kill him before he gets out of there. By the way, I can see the DOJ Googling your dead prisoners. I think they're on to you already for all those murders since Brewer/Ryan took over, aren't they? Maybe for the suicides, too - including that boy on the minors unit this spring. I have a packet to send off to them anyway, just in case they hadn't heard about everyone or didn't know that others cared out here. Finally, rest assured that I know how to find everything I need on the ADC website now - I even notice what isn't there - and please don't ever refer me to your handbook of propaganda again for answers to serious questions like these. Thank you for your time. Margaret Jean Plews (this email will be forwarded to the Governor's office and posted on my websites, lest it gets lost in the ether.) Morning Rush Hour: July 19, 2010 (W. Washington St/7th Ave, Phoenix) Morning Rush Hour: July 19, 2010 (W. Washington St/7th Ave, Phoenix) Early Afternoon: July 16, 2010 (W. Jefferson St/15th Ave.; across from the ADC) “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!

Brewer's sick, dying, and innocent prisoners: Letter to the Governor.

My note to the Governor today via her website; posting it here, too, just to make sure it isn't lost:

First Name: * Margaret J
Last Name: * Plews
Phone: 480-580-6807
Email: * arizonaprisonwatch@gmail.com
Street: PO Box 20494
City: Phoenix
County: Maricopa
State: AZ
Zip: * 85036
Subject: legal/law *
Topic: Sick, dying, and innocent prisoners, and the Board of Executive Clemency

My friends and I at Arizona Prison Watch are gravely concerned about the number of state prisoners who are dying inside from medical neglect, from homicide, and from their own hand due to the despair of mental illness and incarceration - as well as those succumbing to terminal illness while awaiting compassionate release petitions which we suspect she has no intention of approving, just as Janet didn't. We find that totally unacceptable.

We are particularly concerned right now about the fates of prisoners William Macumber and Davon Acklin. The Board of Executive Clemency recommended Macumber for immediate release last year because they believed him to be innocent: the governor denied his petition, giving no reason. This is incomprehensible, and we'll be initiating a public campaign for his freedom if the governor doesn't take responsibility for acting on the Board of Clemency's recommendations in his case.

You may already be quite familiar with Davon Acklin's mom Julie, who has been trying to save her son's life - also going through the Board of Executive Clemency now. He's sick from hepatitis C and the ADC is refusing to treat him, we believe largely because of his serious mental illness, which appears to be the standard MO. This despite the stipulations of the Americans With Disabilities Act, which we intend to file a complaint about if appropriate care isn't provided to that child, or if he isn't sent home so his mother can get it for him.

We will also be seeking a new CRIPA investigation into the ADC - and possibly the AZDJC - if the other concerns we've raised aren't promptly addressed, and prisoners continue to die at present rates from neglect, abuse, and despair. The one poor child at Adobe Mountain appears to have been bullied to death; there's no excuse for that. Director Branham has, however, been quite gracious in trying to work with us given the limitations of confidentiality laws, so he may have bought some time. The ADC is out of time, however. As far as we're concerned, all of Chuck Ryan's prisoners are her prisoners too, and she bears a great deal of responsibility for their welfare. Criminalized or not, they are still real human beings with loved ones, hopes, and dreams. The state has a duty to protect them while they are in your care.

I do expect a response on these matters by Friday afternoon - our campaign to address them with the community and media will otherwise begin first thing Monday morning. We hear from these families and prisoners all the time - often we receive copies of letters sent to Governor Brewer pleading for assistance. We'll have them crying on the news every night and we'll be coming to her campaign events until the governor either steps in and steps up, or gets voted out. We can be extremely creative about these kinds of things, as can our friends - thousands of whom are already pretty outraged by SB 1070.

I will be looking forward to a reply from your office.

Thank you.


Margaret J Plews,
Arizona Prison Watch
Arizona Juvenile Prison Watch
Hard Time Alliance (Hep C in AZ Prisons)

Free Davon Acklin.

Davon's in a no-win situation: this can't be the way we all intended for things to work out for kids like him - first prison, now Hep C. He's pretty ill, too; Julie's been getting the run-around from some of the folks at the ADC, but she has his medical records now and knows better what she's dealing with. Davon's getting sicker, fast, and there's no more time to mess around with these people.

Anyway, I'm posting the Hopeworks Community write-up on Davon because I'm so close to him that I've been having a hard time blogging about him; this really breaks my heart. But he's easy to write to (here are the ADC mail policies), and he usually draws something awesome on his letters and envelopes for me. So, as the author of this post suggests, drop him a line.

I don't think Julie or Davon would mind me saying that he can always use a few bucks, too, for medical co-pays, stamps, and food/vitamins if you can spare it - the ADC doesn't exactly have healthy menus (they just replaced tomatoes with pickles as an equivalent). Even cancer patients have to worry about paying for their own nutritional supplements in Arizona's prison; "special diets" that actually have any improved nutritional value are considered "special" to prisoners mainly because they're so hard to get. Everything "extra" (like health care) has to be paid for, and if you're poor - as in the "real world" - you're SOL.

Here's Davon's story. Writing a note or sending a postcard to him will be time well-spent. If you send a money order or certified check, make it out to the "Arizona Department of Corrections for Davon Acklin (223880)", then tuck it in the envelope. No need to be extravagant - $10 is a lot of money when you have none. It will be deeply appreciated.

Drop Governor Brewer's office a line in the meantime, too, letting her know you want to see this kid treated or home ASAP. Follow emails up with snail mail on your letterhead. You guys work on her for now; we'll work on the Board of Executive Clemency and the ADC. If we need help with them, as well, we'll let you know.

----------------------from Hopeworks Community------------------

Free Davon Acklin

By hopeworkscommunity

Davon Acklin didn't just fall between the cracks. He lives there.

He is 23 years old and an inmate of the Arizona prison system. Like many people with severe mental illness he found out that a system which offers inadequate or no services at all to people with serious emotional problems leaves many of them in prison and too many of them in a hell which ultimately destroys their chances for recovery and any kind of life worth having.

He may be dying. He has hepatitis C courtesy of the prison environment he lives in. His liver has been affected and without serious medical attention his chances of making it much longer are virtually nil. He has 10 months left to release. His mother has appealed to the authorities to give him compassionate release. She only wants to be with her son and if he must die she doesn't want it to be in a hell hole with people who look upon him as only a number and less than a person. She wants him home. She just wants him home.

He was convicted originally of assault with a deadly weapon. He was psychotic, had stolen a battery. Two security guards ran after him. In a panic he brandished a box cutter at them. His first year was spent in solitary confinement in a Super Max prison. He found out that his punishment for being sick, being scared, and being psychotic was to have a planned, brutal attack on the tattered shreds of his sanity. Imagine what one year in solitary confinement would be for you. Now imagine if you were already emotionally ill.

There is some treatment available in the prison, but the state of Arizona has a protocol to decide who should get it are not. Davon doesn't meet the criteria.

He “committed” a crime, but he is not a criminal. His family was trying to find placement for him before anything happened. His illness struck first.

His mother tells me he has given up. He sees himself as being alone and powerless against a system which seems determined to get its pound of flesh. But you can help.

Take a few minutes out of your day and write him. Let him know you care. Let him know he is not alone. His contact information is ….

Davon Acklin (223880)

ASPC-Tucson/ Manzanita

PO Box 24401

Tuscon, AZ 87345.

It will be the best few minutes you spend tomorrow. Please act.

Please spread the word and tell others. Share this post with as many people as you can. This is a horrible injustice. Mental illness should not be a capital crime. There are many, too many Davon’s. Please stand for him.

In the next couple of days I will have additional posts telling about other concrete things you can do. Please spread the word…. And please, please, please HELP FREE DAVON ACKLIN!!!!!

State of Arizona Health Care: Killing us Softly.

Once in awhile someone at the Arizona Republic writes a decent editorial. This is one of those times. For anyone who has any doubt about the selfishness and brutality of our current Arizona legislature and governor - the Republican Party elite - read on.

The Governor just signed a new bill this week, by the way, that restores some of the other health care funds that the legislature cut this spring. The legislature reversed itself only because the feds required it in order for them to keep getting medicaid funding - not because they were concerned about all those sick citizen children they screwed.

The long and short of it: these people have very little regard for life, American or otherwise. They would kill us by withholding medical care just as readily as they would leave migrants in the desert to die, all for the sake of protecting their own assets - while levying even more taxes on ours.

Happy Hepatitis Awareness Month, by the way, dear Governor. And tomorrow begins Women's Health Care Week. These Americans - and many more in this state - will suffer terribly and die because of you and your party. Even your NRA membership can't cover up your betrayal of our citizenry - much less the rest of humanity.

Please, America:
Nothing but grief trickles down in this state, and
they're going to criminalize and kill us for resisting anyway.

BOYCOTT ARIZONA. 
Kick her out of the union, if possible,
for treason against the People.

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

Some budget cuts are death sentences

by E. J. Montini - May. 7, 2010 12:00 AM
The Arizona Republic

 

One of the strongest arguments for immigration reform is that Americans must take care of Americans first.

So why aren't we doing it?

Some of the best doctors in Arizona told state legislators that if they cut transplant services from the AHCCCS budget, hard-working Arizonans will die.
 

The legislators cut the services.

The doctors and the people who work with their patients tried a different tack, pointing out that the cost of keeping sick patients alive until they die is more expensive in the long run than providing transplant services.

The legislators cut the services.

The doctors were from University Medical Center, Banner Good Samaritan and the Mayo Clinic.
They laid out their case in coldly understandable terms, writing, for example:

"As of 19 April 2010, there are 51 AHCCCS patients on the liver transplant

wait list with Hepatitis C. Of those patients waiting, approximately 17 of those patients will die this year if transplantation is not a covered service. Based on the current average reimbursement rate for transplantation ($149,670), the estimated cost savings to AHCCCS will be $2,544,390."

That is the short-term saving.

It is difficult to determine the long-term cost to the state of caring for patients who slowly wither away. It could take years.

The doctors ran to same numbers for heart-transplant patients, lung-transplant patients, pancreas-transplant patients.

The legislators cut the services.

And Gov. Jan Brewer signed the bill into law, eliminating AHCCCS coverage for the operations.

Before all this occurred, I wrote a column about one of those patients, a man who has been receiving medical treatment under AHCCCS, Arizona's Medicaid program.

"I can't work anymore and we ran out of coverage a while back," he told me. "It's terrible needing help. It's not what I wanted. But when you run out of money, what can you do? If I don't get a transplant, I guess the state won't have to pay for me or worry about me until I walk into an emergency room close to dying. They can't turn me away then."

People like Charlie Thomas, a transplant social worker, have been dealing with the threat of these cuts for years, always managing to stave them off. Until this time.

This time, legislators needed a quick fix.

"The people who benefit from these transplant services are people who were working, paying taxes, being good citizens and then got sick and lost everything. They're us," Thomas told me.

Still, the services were cut.

The transplant physicians and hospitals are hoping they'll have a second chance to make their case before the new rules go into effect in July. Before people die who could otherwise be saved. They believe they have the scientific data and the economics on their side.

One of those hoping to get the Legislature to reconsider is Leo Corbett, a former state senator and one-time Republican candidate for governor who knows what it means to make tough budget decisions. He's also a heart-transplant recipient.

"I'm not sure that legislators got all the information they needed to make an informed decision," he told me. "It seemed to have been in the hands of the bean counters rather than the policy makers. I believe this can be resolved in a fiscally sound manner that still serves the need of these patients. I hope so, anyway. I believe, like a lot of people, that a society or a state is judged by how it treats its poor people. For most of these folks, the illness took all they had."

Reach Montini at 602-444-8978 or ed.montini@arizonarepublic.com.

The Quality of Mercy: Compassionate Release in America

National Prison Hospice Association

Medical Parole: Politics vs. Compassion

By Nina Quinn

Dostoevsky reminds us that society can be measured by how it treats its prisoners. And part of that measure must surely be the degree of compassion we show toward the dying. Yet compassionate release, or medical parole, is an under-used and too rarely granted option for terminally ill inmates in our U.S. prisons. 




While some form of medical parole legislation is in place in federal and state jurisdictions, it is often overly restrictive, narrowly interpreted, and muddied by political interests. Unfortunately, a lack of political will affects bureaucratic will and ultimately the number of dying released from prison.

Barry Holman of the National Center for Institutions and Alternatives sardonically states, "There is not much of a constituency for criminals in the United States." With overtones of Dostoevsky, he adds, "There is a lack of political and bureaucratic will to see dying in prison as a negative marker for what a prison system should be and society as a whole,"

Jack Beck; who has done a careful study of medical parole in New York State reports that not only are few people getting out, there is a downward trend. Both applications and releases are dropping. In 2000, out of 170 New York state prison deaths – most from medical reasons – 81 applied for compassionate release and only 12 were granted.

In New York, the current administration is against parole generally and this spills over to medical parole. This negative influence in not confined to New York. California and other states are facing the same antagonism and similar low release numbers.

Apart from negative political influence, there are other related obstacles. The eligibility criteria can be overly restrictive eliminating, people who are clearly terminally ill. The process can be convoluted and delayed resulting in many inmates dying in prison before their review is completed. In New York, the 2000 statistics show more than twice as many inmates died during the review process than were granted release.

When these three barriers of politics, criteria and process come together they virtually guarantee a fourth: lack of incentive to initiate applications.

While there can be various factors contributing to this, Beck points to a common theme of frustration and futility. The paper burden on the medical providers can be both excessive and judged a waste of medical time when so few are granted parole. Similarly, many prison staff with compassion for the dying, do not want to raise the inmates hopes and put them through the stress of a long waiting period only to have them die in the process or be refused.

Also, the establishing of Regional Medical Units (RMUs) and hospice programs make for a simpler alternative – transfer the inmate. The RMUs run on a fixed DOC's budget and there is incentive to keep the beds full. Plus it is quicker, less complicated, and does not require the additional work involved in a discharge plan.

Another obstacle Beck articulates is the failure to educate the staff and inmates about the program and the process. This is particularly important in states like New York where correctional staff can initiate but the prime responsibility is placed on the inmate. Beck notes that there are prisons and infirmaries within the state that do not, for whatever reasons; file any applications for their terminally ill inmates.

Other than holding our politicians to a higher standard, what else is required for effective compassionate release policy?

A first requirement is clear legislation that is free from murky political bias, compromise, and overly restrictive criteria. A clearly defined medical prognosis is required. One that includes all terminally ill inmates. It should be clear and factual enough that inmates and their doctors know if they meet the criteria. And it should be fair. 

In New York, where an incapacitation standard is used, some terminally ill are excluded because they can walk-they may die tomorrow but they are excluded because of the legislative restriction on self-ambulation.

Rather than an incapacitation model where the prime emphasis is on risk, Beck makes the case for a terminal illness diagnosis with a one-year life expectancy. Studies show that when a six months diagnosis is used, the median length of stay in hospice is roughly 30 days. One year would increase the possibility of the review process being completed before the applicant dies. Also, it would allow time for the patient to adjust and relate to his family or new surroundings.

Another requirement is that there be a clear separation between the medical prognosis and the assessment of risk upon, release. Medical staff should not be asked to assess risk but solely address the medical status and prognosis of the inmate. Risk assessment is the pervue of the criminal justice system.

It is at this stage that the process generally gets cumbersome and protracted. So many arms and voices within the criminal justice system are included that the inmate may be dead before a decision is reached. The political temptation to spread the risk and decision-making as broadly as possible needs to be reined in and the process streamlined. Maryland has a process that appears to run smoothly. What makes it particularly efficient is not only that they have kept steps to the necessary minimum, they have also mandated short timelines at each stage of the process. Any inmate applying for compassionate release knows that he or she will receive a decision no later than 30 days from the start of the process. In urgent cases, decisions have been made as quickly as one day.

Maryland also meets another requirement by mandating discharge planning as soon as the inmate is given a terminal diagnosis. This ensures that when the decision is made, everything is in place for the inmate's release.

Communication is also important. The system could benefit from staff being well educated on all aspects of the process and this information should be made available to inmates and their families, including language translation when necessary.

Finally, a key and critical requirement, is that when a doctor makes a terminal diagnosis a mandatory application for release is submitted and the process is started including discharge planning. This standardized application should be as simple and straightforward as possible.

http://www.npha.org/articles/Quinn7-1.html

accessed january 29, 2010