AFSC-TUCSON: AZ DOC's DEATH YARDS

For Kini Seawright, and all the other women who bury a loved one due to police or prison violence...

Showing posts with label arizona constitution. Show all posts
Showing posts with label arizona constitution. Show all posts

Friday, October 5, 2012

Justice for Deborah Braillard: Change the Victim's Bill of Rights.


These jail and health care "professionals" from Correctional Health Services should have been criminally prosecuted for their treatment of Deborah Braillard. This is one more reason we need to change the Victims' Bill of Rights in the AZ Constitution to stop exluding prisoners as victims. "Persons in custody for an offense" (and their survivors, if they are killed in the care of cops or corrections officers) are the only class of humans denied those basic rights and protections. 

State entities and predatory corporations like Wexford Health Sources can claim "victim" status if anyone so much as trespasses against them, but prisoners - including people in custody who are not yet convicted or charged - don't have legal status as victims of their criminal misdeeds. We need to change that, people...




--------from the AZ Republic-----

Maricopa County agrees to settle suit tied to inmate death


Maricopa County administrators have agreed to pay an undisclosed amount to settle a 6-year-old lawsuit over a woman's death that occurred after she was booked into a county jail.

The county has already spent about $1.8 million to hire attorneys to defend itself in the lawsuit, said Cari Gerchick, a county spokeswoman.

Any other details on the terms of the settlement will remain under seal until the county Board of Supervisors meets on Oct. 17 to authorize the agreement, she said.

The Sheriff's Office is also not authorized to comment on the agreement until it is approved, a spokesman said.

In addition to Maricopa County and the Sheriff's Office, the lawsuit targeted Correctional Health Services, the taxpayer-funded agency that provides constitutionally mandated health care in the county jails.

The lawsuit was filed in 2006 by the surviving family members of Deborah Braillard, a 46-year-old woman who had been booked in jail several times before her entry into the Fourth Avenue Jail on Jan. 1, 2005, on suspicion of drug possession.

During her prior jail bookings, Braillard's diabetes had been noted during the health-care screening that every county inmate undergoes when admitted into jail.

But employees of Correctional Health Services failed to note Braillard's medical condition in early 2005.
Instead, because Braillard was barely coherent and slurring her words, jail health-care workers thought they were dealing with a woman in the throes of a drug addiction.

Braillard was coming off drugs and showing signs of a blood-sugar crash, according to court documents, her family and testimony from jail employees. She was disoriented, vomiting, soiling herself, sweating profusely and complaining of pain, according to court documents. Employees attributed her symptoms to drug withdrawal.

Four days after she was booked into jail, Braillard was taken to Maricopa Medical Center, where she would remain unconscious until she died 18 days later of complications from diabetes.

The form used to assess the medical condition of an incoming inmate lists 27 questions. A health-care worker completed Braillard's assessment in less than a minute, according to court documents.

No one noticed that Braillard was diabetic. An electronic medical-records system, had it been in place, could have immediately alerted employees about Braillard's condition. She had been administered insulin at the jails many times before, and an electronic system would have included her medical history.

County administrators signed a $4.5 million contract for an electronic medical-record system in March, though the network is still in the design phase, Gerchick said.

Sunday, September 25, 2011

Deaths in Custody: National Day of Remembrance For Murder Victims.





I spent some time this past week combing through resources for homicide survivors, trying to pull together something useful for survivors of prison violence today. I was pretty discouraged surfing murder victims' rights pages. It was the victims' rights movement that successfully helped pass a law in Arizona - and across the country - that even further marginalizes prisoners who are victims of violence - and their survivors.

More specifically, the Arizona Constitution explicitly precludes anyone who was victimized "while in custody for an offense" (or their survivor, if they died as a result) from being covered by any provisions of the Victims' Rights Amendment. How then, can they possibly hope to embrace, assist, or represent families of prisoners like Dana Haywood Seawright, Shannon Palmer, James Jennings, and Jeremy Pompeneo - all whom were murdered in state custody this past year. They have long since relegated prisoners to a status undeserving of having equal human rights when it comes to life and safety. The movement left these people behind without any apparent thought.

As a consequence, when Kini Seawright was on the verge of homelessness this year after her son Dana's homicide destroyed her life, the Arizona Criminal Justice Commission refused to provide her with access to any state-funded victims rights' services because she didn't qualify as a real victim. Dana was killed in prison by the West Side Crips for being friends with a Mexican - he was defying the racism and the gangs, not running with them. He was trying to take a class at Rio Salado and wanted to get some kind of counseling for his manic-depression and childhood abuse issues. He was beaten into a coma and stabbed repeatedly for refusing to carry out a gang-ordered hit to prove his racial loyalty. He died four days later.


Dana's homicide case was closed by the Department of Corrections' own Criminal Investigations Unit without any suspects being referred for prosecution - or even being given a ticket for the assault causing Dana's death. His mother has been working actively to get an outside law enforcement agency to re-open the case in light of evidence that guards were complicit in Dana's death. She's also suing the state of Arizona, as well as a number of individuals who appear to be liable for his murder. In the meantime, however, she suffered severe financial hardship and social isolation, for which she is not eligible to receive state assistance designated for helping victims of violent crime in such situations. An excerpt from the e-mail to that effect is here:


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

Sent: Tue, June 28, 2011 8:23:36 AM
Subject: RE: Kini Seawright

I have received a response to my follow up inquiry. After clarification it is ACJC’s position that the compensation program is only accountable to those statutes and rules that directly govern the Compensation Fund. Therefore, under program rules Ms. Seawright is not a victim pursuant to the definition of “victim” in A.A.C.R10-4-101(29). She is a “derivative victim” under ACJC’s rule, A.A.C.R10-4-101(10)(a), however, she is not entitled to a compensation award pursuant to A.A.C. R10-4-106(A)(3)(b) because the victim of the criminally injurious conduct was serving a sentence of imprisonment in a detention facility at the time of his death. Therefore, the prerequisites for a compensation award have not been met in this case...



Program Manager Crime Victim Services

Arizona Criminal Justice Commission



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

I can't believe that was the intentions of the victims' rights advocates in Arizona who helped get that initiative passed, but that was the consequence.

I've blogged about the Victim's Rights Amendment in the Arizona Constitution before - read my letter to the Arizona Department of Corrections on the matter
here. I hope to spend more time getting organized behind a movement to change it. There are far too many families like Kini's being wrongfully punished and exiled under it. Failing to protect victims in custody gives license to law enforcement to use excessive force, and for prisons and jails to mete out cruel and unusual punishment as they see fit, not as the judges ordered. It suggests that toll of violence on one group of homicide victims and their survivors is less important than when it hits the rest of us. The state victims' rights amendment creates a sub-class of citizens whose victimization - usually at the hands of the state - we are willing to not only ignore but actively minimize. It serves to reduce the states liability profile when people are hurt in their custody - including pre-trial detention, when we're supposed to be presumed innocent.

I urge those of you concerned with the civil rights of prisoners and their loved ones to contact your state legislators and ask for help changing the definition of a victim to include those in custody for an offense. The legislature is empowered to extend victims rights to everyone - it doesn't have to go to referendum. Tell your legislator that victims of state crimes matter, too. He or she can be reached at:

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


cc your letter to the chair of the House Judiciary Committee, Rep. Eddie Farnsworth, the chair of the Senate Judiciary Committee, Ron Gould, and someone there who might really care: Mesa Representative and Chair of the House Health and Human Services Committee, Cecil Ash.


Finally, if you are a survivor of prison violence or have lost a loved one to it - or simply want to make a difference - please feel free to contact me. My number is 480-580-6807. I'm organizing with families now who want to see an end to the neglect, abuse, and violence now.