Criminal Damage: Surviving a Death in Custody.

To: Sgt. Mark Schweikert; Detective Diane Rowe
Phoenix Police Department


Attached is more evidence of my crimes, with a witness list for this confession. I'm going to make the most of that tool in the coming weeks and months. You all get to preview what just became my next blog post... I must really have an ego in order to be such an exhibitionist. If I didn't have such a healthy shot of grandiosity, so many people with the power to really hurt me may not be subjected to my constant irritation, but then no one would know there's a problem in the prisons but the families of the dead and the dying.

In any case, I won't wait for the next dead prisoner to come along for me to paint on the sidewalk before I escalate again; I feel like I've failed now with each one. I have to touch base with two mothers and a sister today alone - survivors of a suicide, a homicide, and an apparent overdose on psych meds...they call the latter an "accident" at this point. It's probably the most important yet most painful thing I do, talking to those families...I would guess you can relate, if you've been cops for long. I hate it, but I have to keep letting them know what's going on - they more than anyone want to see change.

The homicide was in Buckeye - Lewis prison. Stiner. It was Dana Seawright - early last July. It was a gang hit, and hate crime (bet the state never called it that, though). "Unsolved" (they know full well who did it, I believe. The gangs run that prison in particular). The killers are probably on the streets again, like one of Pete Calleros' murderers already is. I think I told you about Dana - he was only 26. He was reportedly a self-admitted member of the West Side City Crips, and got caught being friends with a Mexican. They told him in the aftermath of this relationship becoming known that he had to hit a member of a Mexican gang to prove his loyalty - he didn't do a good enough job, though. Dana didn't really want to hurt anyone - he basically faked it, according to both the investigative records and the guards who narrated his days to his mom as he lay dying. For his defiance, Dana was bludgeoned into unconsciousness; his mother took him off life support five days later...


The state couldn't find a single guard to watch that kid's back even from a distance in there, but they had two on him all the time while he was chained to a bed in a coma. What brave public servants we have. Glad they have their priorities straight.

Kini Seawright's life slowly fell apart after her only child's murder. Her health and mental status deteriorated, her attendance and performance at work suffered, and she got laid off from the job she'd been progressing steadily at for years. She made good after prison years earlier herself, but was forced this year to turn to unemployment and AHCCCS, both of which are now compromised by budget cuts. She could be waiting months yet to hear back on her Social Security disability claim - I don't believe she told them about her mood disorder being exacerbated by the trauma of the murder, because her back and legs are such a source of trouble as it is, so she may face more denials and appeals.

In the meantime, Kini just received a notice from her landlord that she has to pay up back rent or move out in five days - which I think arrives on Wednesday. Kini says the guy's been gracious and understanding for a long time, but I guess a few people owe him and the bank is coming after his properties - or is threatening to.

I'm honestly in the middle of trying to vacate my own apartment in the next week or so, and have no idea what to do for either of us. If I had the money, then the answer for now would be easy. But instead I have to ask for help - or rather, she does - which is just inviting more abuse from the state, frankly. When her son died, the Department of Corrections gave her 24 hours to get his body under threat of burying him on prison grounds. They couldn't even help her find the $300 she needed to bring him home.





Crime victims and their survivors have certain rights under the Arizona State Constitution - and privileges under a number of programs we've set up - except for those victimized while "in custody for an offense". I think that was a loophole to let cops and governments off for abusing and neglecting the rest of us, when we're supposed to be the most under their control. So when Kini called the Arizona Attorney General's Office Victims Services people for referrals on Friday, she was ultimately told that she didn't qualify for any assistance as a crime victim or survivor because her son was in custody at the time of his death - he doesn't count as human under the victim's rights' amendment, you see, while entities such as "the state" and WalMart do.

Now, doesn't that just mess with your head, when you think about it? Really. Whatever happened to "the People?" As cops in Arizona, you have more constitutional duty to serve a corporate "person" who has been stolen from - or vandalized - than you do the very real mother of a young man who was brutally beaten down by the West Side City Crips.

That must hurt to think about, if you really care about protecting and serving us.

Dana's homicide was actually a double hate crime, you know. We set him up for that kind of death long before he even went to prison, simply by cultivating that kind of garbage in this fine state - then we buried him by decimating his rights in custody. Anyone who truly hates racism, homophobia, gangs, and violence - not to mention prisons - should be on this "unsolved" homicide, our screwed up constitution, and the way Dana's mom is being treated if you're getting any of what I'm saying at all.

We diminished Dana's humanity - along with Marcia Powell's, Shannon Palmer's, Brenda Todd's, Susan Lopez', and every other victim in custody - by withholding from him and his loved ones the same constitutional rights we grant everyone else whose lives are so shattered by violence perpetrated by not only convicted criminals but also the state officers in charge of their punishment and safety.

Of all places in society - especially a nation which so prides itself on the nobility of its law enforcement personnel and the primacy of order - can we not keep our vulnerable prisoners safe within the confines of the most fortified institutions we erect? We can't even protect the tough young guys like Dana. We owe it to him and his mom to do everything we can to direct the resources we've allocated to assist violent crime survivors in times of need to her now.

That's my SOS to all of you today - beginning with those of you "In Blue", so to speak. It'll be up by the end of the day.

As for the alley - the vandals all running for office have claimed the fences for their ugly signs - the streets I still claim as ours. I'll be here to prosecute tomorrow - help a real crime victim instead today. It can be as simple as making a phone call to a community service agency to make a contact for Kini (she's a Chandler resident, for what's it's worth), or even passing a hat around your office, dropping a Safeway gift card anonymously in the mail, or letting me know if you can lend some other kind of hand (480-580-6807) - of those (hands), I need many.

And please don't take too long to think about it; time ran out for Dana's mom already.


Thanks,

Peg

--

Margaret J. Plews, Editor
Arizona Prison Watch
P.O. Box 20494
Phoenix, AZ 85036
480-580-6807


"Our strategy should be not only to confront empire, but to lay siege to it. To deprive it of oxygen. To shame it. To mock it. With our art, our music, our literature, our stubbornness, our joy, our brilliance, our sheer relentlessness, and our ability to tell our own stories..."

- Arundhati Roy

Arizona Prison Watch
http://arizonaprisonwatch.blogspot.com
Prison Abolitionist
http://prisonabolitionist.blogspot.com
Hard Time Alliance - AZ
http://hardtimehepc.blogspot.com
Arizona Juvenile Prison Watch
http://azjuvenileprisonwatch.blogspot.com

POLICE BRUTALITY: This is also what resistance looks like.

MCSO Brutality update: Kevin Gerster and William Hughes

UPDATE (10/21/11):
Gerster's Sentencing

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

NEXT HEARING:

Comprehensive Trial Management Conference
June 9, 2011 - 8:45am
Maricopa County Central Court Building
(W. Jefferson St.)
Judge Verdin.



Maricopa County Courthouse
May 18, 2011

The Comprehensive Trial Management Conference was to be held today (May 18, 2011), but it was pushed back and everything that occurred was done up at the bench, where the public couldn't witness it or determine what was said in the transcripts...I suspect because I had been protesting loudly outside before the hearing, confronting Gerster when he arrived (my taxes paid his salary, after all - and he hurt people in violation of my trust). All I was able to catch Judge Verdin saying to his attorney, who requested that they approach to discuss the case, was that "this is a delicate situation."

Damn straight it is. There are a lot of us mad as hell about what Gerster and fellow officer Alan Keesee did. Gerster and Keesee have more rights as perpetrators of assault than William Hughes has as their victims do now. As some of you may recall, if we, as citizens, are victimized while in custody, we're excluded from the constitutional protections and rights we have when crimes are perpetrated against us in the community, effectively silencing our voice in court proceedings, rights to restitution, etc. if a cop is the perpetrator.

I believe they are buying time for people to forget what Gerster did to us, the rest of his "victims"; chances seem very good that the Maricopa County Attorney is about to offer him a deal. The upcoming trial was cancelled in anticipation of a deal being reached beforehand.

Please contact Bill Montgomery's office and urge that this officer's entire prosecution be made visible and transparent to the public, as he violated us all with the abuse of his office and the assaults on his prisoners.

Remind him that Gerster assaulted at least two "VULNERABLE adults" in custody (making him a repeat, violent offender), and could have been charged with class 2 (not the lower class 6) felonies for that, and must not be allowed to walk with anything less than felony charges and prison time if they give him a deal.

Put your concerns in writing ASAP to:

Mr. Bill Montgomery
Maricopa County Attorney
301 W. Jefferson St. PHX 85003

I'd appreciate copies of your letters to post publicly. Send them to:

Peggy Plews / PO Box 20494 /PHX, AZ 85036

Please also express your continued outrage over the conduct of MCSO officers, and your desire to see justice served, to:

Editor, Arizona Republic / P.O. Box 1950 /Phoenix, AZ 85001

Finally, I looked up the status of William Franklin Hughes III's case. The MCAO still appears to be prosecuting him for the petty offenses (like criminal damage and indecent exposure - most likely secondary to the symptoms of his mental illness) that landed him in Gerster's and Keesee's pre-trial "care" in the psychiatric wing of the county jail in the first place...he was even ordered to undergo competency exams by the judge before they would proceed any further. I don't understand why he's going on trial, given what Montgomery had to say recently about the need to divert these folks from prosecution in the first place. I just discovered that his trial was supposed to begin this am, which I missed.

You would think the MCAO would recognize the beatings he received in jail as punishment enough - and poor William was out of his mind when he got pounded on by those guys. So, folks, please also ask Mr. Montgomery what the deal is with William's prosecution. Those are our tax dollars he's eating up in this unnecessary and cruel endeavor to punish a young man who was already terribly traumatized in custody over "crimes" that really hurt no one else...




Maricopa County Courthouse
(3rd St/W. Jefferson, PHX)
March 11, 2011

Alan Keesee charged with assault: Thank you, Mr. Montgomery.

I asked Maricopa County Attorney Bill Montgomery about this tonight - looks like I fell behind on that one. He's already charged former detention officer Alan Keesee with assaulting William Franklin Hughes, III last fall, in the psychiatric wing of the Lower Buckeye Jail, in a tag team attack on the bound prisoner with officer Kevin Gerster.

In fact, as you can see from the calendar below, he did so over a month ago. Can't believe it's almost time for the May Day Rally already, and this is the first time I've checked up on that in so long.

Keesee just had a preliminary hearing today - check here for updated minutes. Be at his future dates if you can, and write about it for the rest of us. I'm just starting to discover I can't be everywhere at once anymore...

Thanking a prosecutor may seem like a funny thing for an abolitionist to do, I know. Remember that I'm just another traveler on this journey - not the guru. I don't know yet what restorative or transformative justice looks like for people in uniform who abuse the vulnerable like that - at this point, I'm reserving a few cells for them.

Those men betrayed all of us when they assaulted William - anyone's child or brother or mother could have been him, dragged off to jail instead of the hospital in a disorganized, confused mental state, be it due to a psychiatric or developmental disability, Alzheimer's, or a brain tumor. Such abuse of power is among the worst kinds of crimes, I believe; unfortunately, our state constitution assures that victims like William - and like Marcia Powell - are the least protected. We need to change that, folks...

Mr. Montgomery had some interesting remarks at last night's meeting, which I'll report more on soon. I was mainly grateful that he recognizes that too many folks with serious mental illness are ending up in the criminal justice system who could have been successfully treated in the community, if we put more of our resources at the front end - in mental health, rather than the back end - in the prisons. The police officers discussing the specially-trained crisis-intervention units that divert people with mental illness from the CJ system at their level (where it needs most to be happening) argued that the program demonstrated an increase in participant involvement in outpatient mental health services among high-risk homeless adults, and a decrease in criminal activity.

Unfortunately, while the police arm of the effort is still fully operational, the agencies providing the community support staff it depends on have been hit by cuts, so nighttime outreach isn't what it needs to be. The trick is how to redistribute all these resources when the AZ Department of Corrections maintains an investment in maintaining their own status, power, and funding. The whole CJ system as currently designed reinforces the perpetuation of the status quo, when "public safety" is positioned first and foremost in the dialogue as the state's primary responsibility to the people - and is put out there as a police matter.

In fact, the public welfare depends on education, health care, inpatient psychiatric treatment options, affordable housing, and a range of supports being available at the community level to meaningfully decrease the incidence of crime and victimization. Those are always the first to go in economic downturns, though - not because we don't have the resources, but because we're driven by fear and defer to the "experts" in power in our collective decision-making, instead of allowing our public policy to be crafted by both our values and non-partisan research, based on principles of evidence-based practice...

Anyway, thank you, Mr. Montgomery, for so graciously letting me know that you're already on top of prosecuting some of these abuses of power in the Maricopa County Sheriff's Office. If you drop his office a line this week, please let them know the community appreciates seeing things head in that direction. Their contact info is:

Maricopa County Attorney's Office
301 W. Jefferson St.
Phoenix, AZ 85003

The number for victims' services (the public seems to be a legitimate victim in this case) is (602) 506-8522.

Let your voices be heard on this, since William doesn't have the right to have his heard by the court, under the AZ Constitution...then give your legislators a piece of your mind about what changes need to be made in the Arizona Revised Statutes to keep us all safe from the likes of Gerster, Keesee, and Arpaio. Send hard copies to legislators - if you have a personal connection to this issue, hand write it - those kinds of letters have the most impact. Their address is:

AZ State Legislature
1700 W. Washington St.
Phoenix, AZ 85007

602) 926-3559 (Leg INFO LINE)

Make sure to cc your letters to Cecil Ash, Chair of the AZ House Health and Human Services Committee. Ask for him to convene legislative hearings on the AZ Department of Correction's deaths due to prison violence, suicide, and medical neglect, while you're at it.

Mr. Montgomery said he'd explain after the meeting why these officers aren't being charged with higher level felonies under the vulnerable adult statute for the assault on William while he was in the psychiatric wing in handcuffs and shackles (how much more vulnerable can a person be?).

I had to leave early, though, with the mother of prison homicide victim, Dana Seawright, so will follow-up on that issue in a separate post. Dana's mom, Kini Seawright, had the chance to confront ADC Director Chuck Ryan with her grief during the Roundtable - he was in the audience when she stood and told her story.


We thought he was going to flee the scene at first, because he saw us chalking the walk out front and headed back to the parking lot, but he returned and toughed it out: he's either more brave or more heartless than I thought. More on that in a later post, too.


Kini will be speaking about her experience as both an ex-felon and the mother of a prison homicide victim at the May Day Rally this weekend at Margaret T. Hance Park, somewhere around 1:30pm.