Sad Solstice: Remembering Brenda Todd

Six months ago this week, on January 21, 2011, Brenda Todd died in Perryville state prison begging for medical attention that never came. That's part of a twisted pattern of neglect and gross indifference to human life at the AZ Department of Corrections - particularly at the AZ state women's prison.

Urged on by prisoners who were there when she died, we tracked down Brenda's father to make sure that her family members know to file suit because of the circumstances, though I don't know if he's in time to file a Notice of Claim against the state - there's generally a six-month deadline for grieving families to be on top of (and no one ever tells them that). I referred him to a good attorney who will find out, no doubt.

Brenda's dad isn't on-line and the family never saw the Phoenix New Times story or my blog posts about how she died - or all the letters we received from the other women about what happened - and the State only notified him last week that the death certificate is ready, so I think the courts should grant him an extension to file. He had no way of knowing that her death was wrongful until now. It goes beyond simple negligence.

The family can still file suit in federal court, however, I believe under civil rights law. There's a two-year deadline for prisoners to file Section 1983 CR suits, at least, so survivors of prison violence who have missed filing deadlines for the state should still speak to an attorney as soon as possible. Do NOT wait for or trust the AZ Department of Corrections or the AZ Attorney General's office to give you timely, accurate information about your loved one's death - they're just trying to avoid your lawsuits. Unfortunately, it seems the only way they change is when someone wins in court - and we need to stop them from killing these women now, so please exercise all your rights to fight back.

Our condolences go out to all of Brenda's loved ones. Feel free to contact me (Peggy at 480-580-6807) if there's anything I might be able to do. If nothing else, I can put you in touch with other families who share your struggle - just let me know.

June 23, 2011: CORRECTION:

It's only been five months since Brenda died. That means that - thanks to my friend Matt's work - we're in time to help her family with a claim against the state. Unfortunately, litigation seems to be the only thing that makes them clean up the prisons, and Brenda's family has one hell of a suit...she could end up sparing a lot of other women from the hell she went through. From what I've been told, she'd probably give her blessings to that struggle...

ACLU-AZ: tasers, prisoner abuse, and juvenile diversion.

This is really exciting folks. Go to all if you can if for no other reason than to show them how many people out here care....

From: ACLU of Arizona [mailto:grassroots@acluaz.org]
Sent: Tuesday, June 14, 2011 2:53 PM
Subject: Location update: You bring your lunch. We'll bring the experts.

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All lectures will be held at 3707 N. 7th Street, Suite 100, Phoenix, AZ 85014

You are invited to the ACLU of Arizona's Summer 2011 Brown Bag Lecture Series!

Who says there is nothing to do during the summer in the Valley of the Sun?

Wednesday, June 29, 2011

In Their Own Words: Enduring Abuse in Arizona Immigration Detention Centers

Wednesday, July 13, 2011

Protecting What Works: Juvenile Diversion in Maricopa County

Wednesday, August 17, 2011

A Force to Be Reckoned With: Taser Use in Arizona Police Departments

All brown bag lectures will be from noon to 1 p.m.

Free and open to the public. Drinks and desserts served.

Seating is limited, so please make reservations by calling Mary Hope Lee at 602-650-1854 ext. 100 or by emailing info@acluaz.org.

Resistance Alley, Prison Violence, & the PHX Graffiti Police

I met the Graffiti Detectives Friday evening in my back alley, which is along the main drag for the Phoenix Artwalk on the First Friday of every month. A few friends and comrades showed to cop-watch from the sidelines; most of my friends are on probation or parole, however, and couldn't afford the risk involved in being as criminally disobedient as I have been in recent days, so they were excused from showing for the action.

A few folks have rightfully asked me to explain what I'm doing and why a little better. Among other things, I've been trying to force a more animated and engaging public dialogue about the prison deaths, free expression and resistance, and Arizona's tendency to prioritize property rights over human rights in our legislative practices. There are a host of intersecting issues affecting human rights in this state, beginning with a flawed value system. Here it's "criminal damage" to block access for livestock to water supplies - a felony - and yet guaranteeing access to water in the desert for people is prosecuted criminally as littering.

As a manifestation of our collective social values in Phoenix, the city's response to my solicitation to resist the status quo through possible criminal activity turned out a whole squad of cops to protect an alley from art, but no one in this state will initiate an investigation into all the suicides and homicides at the AZ Department of Corrections. What gives? I can't even count how many cops I've reported the state's crimes too, but no one seems to feel responsible for intervening themselves, or even calling in the feds.

An argument can be made that my chalk - and now paint - on the ground invites graffiti on the walls and "blight"; there was some new artwork done the night before they arrived Friday, specifically a message to them:


The images that bug me the most, frankly, are not graffiti per se, but from the advertising I can't avoid looking at everywhere I go - especially those faded, aging political signs like the ones outside of Tom Horne's old campaign office on 7th Ave and McDowell - boy that place is looking trashy. Bottom line is that if you have money you can ram your politics down everyone's throat with fear, racism, sexism, homophobia - the list of ugly manipulative strategies we're subjected to each political season goes on.

Then we must respect the "rights" of people who just want to make a buck from us to advertise their garbage - from fast food joints to casinos to strip clubs and the state's lottery system, as long as they have the money to buy or rent space they can push their products and messaging all over our everyday landscape. But if an impoverished citizen objects to the way our government is being run and puts up their own highway signage to express objection to the wars, for example, it's considered a crime.

Only property-holders and lawmakers can color and abuse our public horizon that way, it appears. All public space should be safe for free (unpaid) political expression, but none is really protected by our laws in meaningful places, quantities, or ways - if anything, it's discouraged by the privatization of so much community space (done to give police departments and businesses the leverage to criminalize homelessness and hassle the poor riff raff busking on "their" sidewalks).

I can only guess who made those kinds of laws, and who they serve most today - I'm fairly sure they weren't designed to empower The People, though. Law is mainly made to maintain the social order, after all - which is inherently heirarchical, capitalist, racist, misogynistic, and anti-democratic in America - especially Arizona...

Anyway, as I said, I met the Graffiti Detectives (Diane Rowe and her partner, whose name I keep forgetting) in my back alley Friday in time for my planned protest. It quickly became clear that they wouldn't be arresting me - I think they mainly just didn't want to become players in my street theater any more than they already had to be.


Detective Rowe took issue with my characterization of cops picking on teenage taggers - they feel as if they try to help the kids they arrest, in particular. They also argued that there really aren't that many youth being charged as adults or even sent off to child prison for graffiti alone. They see writing as being like a "gateway" drug, so the youth getting into real trouble may face burglary and other charges by the time they get busted for tagging...





So, the Graffiti Detectives are really here to help wayward youth, not control and punish budding revolutionaries. Right. Regardless, we never would have had the conversation we did if I was a teenage Latino male chalking the public walks in the middle of the night instead of a middle class white woman calling my vandalism "politics" and "art"...

which is what this protest was really about - my own privilege. In a year and a half of chalking the walks of Power, how is it that I've never been arrested, assaulted, or shot by a cop in this town? Not that I WANT any of those things to happen, mind you - but I see them happening to people of color and those in poverty all around me, and can't help but wonder why I get a pass, if not for the intersections of my gender, age, race and class...

That I am particularly privileged by the status quo in Arizona today is fairly disturbing - and the cost of accommodating my comfort, and that of my class, compels me to resist with everything I have. I may not be the most brilliant organizer or political strategist - some folks really doubt my sanity given my engagement of the police in confrontations - but I have yet to hear one good reason why not to tackle this head-on, at every level of law enforcement.


Anyway, I talk to cops more than real anarchists do because I want them engaged in the struggle of prisoners - they're the ones doing them the "favor" of arrest and confinement to get them off the streets, give them "3 hots and a cot" (which are really two bag lunches and a "boat" on the floor) - like everyone did to help Marcia Powell and Shannon Palmer, lucky them. That's a reminder that even the best intentions can still hurt a lot of people, especially if the police are brought into the mix as partners or "helpers". Their primary job is to maintain the order of the state, not promote the liberties and rights of the people - no matter how friendly they may seem.

But the cops didn't come to chat about my politics. Detective Rowe and I talked about all those issues for half an hour or so before I finally threw my red paint down and slapped my palm print up on the side of one of the dumpsters in our alley, irritated by the show of police force to discourage such activity. In the end I was yelling, I think, about how property rights trump human rights in this town as they all showed up to fight "vandalism" but I can't get anyone to follow up on serious abuse complaints against cops.

That's bullshit, frankly. So I've asked the Phoenix Graffiti Detectives to help me get the DOJ out here - we'll see if they bother to do that much. That might be too much like ratting out their own to internal affairs - that's how creeps like Gerster, Keesee and Chrisman stay in positions of power, though.

As for my criminal damage - I was the only one to handle the paint Friday night, since my friends don't need to be harassed any more than they already are - I can expect them to catch up to me with criminal charges and a bill for restitution and clean-up, on their own schedule. They aren't about to accommodate mine. I'll keep you all posted on how that unfolds; I expect it will give me plenty to write about, if nothing else of value.




Thanks for all your support, by the way, folks. You all rock!

Eyman Homicide: Jeremy Pompeneo.

This young man's death is under investigation as a homicide, according to the Phoenix New Times.

Our condolences to any loved ones he left behind.


Please feel free to contact me at prisonabolitionist@gmail.com or 480-580-6807 if I can be of any assistance as you recover from this. I'm just a blogger and activist - not an attorney or grief counselor - but I'm willing to help connect you with support if I can. That goes for all survivors of jail and prison violence, suicide, and neglect.


To report Arizona homicides, suicides, and medical neglect to the US Department of Justice, ask for a CRIPA (Civil Rights for Institutionalized Persons) Investigation of harmful patterns and practices causing the homicide and suicide rates to double under Jan Brewer's administration as the state won't protect the interests of Arizona prisoners, whose basic human rights are being violated.

Address your concerns to:

Jonathan Smith, Chief
Special Litigation Section - Civil Rights Division
US Department of Justice
950 Pennsylvania Ave, NW
PATRICK HENRY BUILDING
Washington, DC 20530


Please email me a copy as well.

Too many deaths in custody: Eyman homicide, and more.

Deaths in Custody Names Project
Resistance Alley, Phoenix.
May 30, 2011.

Look at how young all these guys are; I hope these don't turn out to be more suicides, too. My apologies to the families of these prisoners for the flippant tone of the following article; the writer is a careless jerk, for the most part. I'm sad to say that I'll be adding at least one of these names to the memorials I create as it is.

Our condolences to you all.

Please feel free to contact me at prisonabolitionist@gmail.com or 480-580-6807 if there's any way I can help. And please, please sue these people if there is cause - as in the homicide. The most fortified police institution in the state - charged with nothing less than protecting us from criminals - should be able to keep our prisoners safe from the real predators inside its walls - and help the vulnerable ones cope better with their own terror and despair.


- Peggy Plews

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Four Arizona Prison Inmates Die in Four Days; One Suspected to Be Homicide

By James King, Wed.
From Phoenix New Times
Jun. 1 2011 at 2:55 PM

Emergency medical responders at Arizona prisons have had a busy week -- four inmates have died while in Arizona Department of Corrections custody in four days.

One of the deaths, DOC spokesman Barrett Marson tells New Times, is a suspected homicide.

Marson says the other three deaths are currently under investigation, but foul play is unlikely.

The first criminal to kick the bucket this week is 36-year-old Gilberto Lopez. Serving five years for escape, Lopez was found unresponsive in his cell at the Arizona State Prison Complex-Lewis Saturday night.

Inmate number two: 28-year-old Luis Moscoso-Hernandez. Doing a 27-year bid for second-degree murder and kidnapping, Moscoso-Hernandez was also found unresponsive in his cell at the ASPC-Eyman facility.

The third inmate to bite the dust in the past week is 31-year-old Christopher Rankhorn, who was serving a 6.5-year sentence for theft of means of transportation. Like the others, Rankhorn was found unresponsive in his cell, his at the ASPC-Tucson facility yesterday.

Also found dead yesterday was 25-year-old Jeremy Pompeneo. His death, DOC officials say, was an apparent homicide. Pompeno, a lifer who earned his time with a first-degree murder conviction, was found in his housing unit yesterday at the ASPC-Eyman.

All of the deaths, Marson reiterates, are under investigation.