Cop-Court Watch: Montgomery on Gerster & Keesee

"Indict Arpaio" Rally - Wells Fargo,
June 7, 2011 (Phoenix)

For those of you following the cases of the MCSO detention officers (Kevin Gerster and Alan Keesee) who assaulted their prisoners in the psychiatric unit of Lower Buckeye Jail, I'm writing to try to set the prosecutor's side of the story straight - or at least give you a piece of it. I guess it's more a clarification than a correction, so I didn't rewrite my earlier posts - just redirected folks here. I wrote to County Attorney Bill Montgomery last week because it appeared from court records as if the assault case against Alan Keesee had been dropped at the initiative of his office. My confusion, I guess. Montgomery got back to me pretty quickly asserting that the prosecution is moving forward nonetheless, and re-iterated the reason he didn't proceed with prosecuting either of those guys for abusing "vulnerable adults," as I'd been urging.

Frankly, I think if this had occurred in any other kind of institution treating psychiatric patients, the vulnerable adult statute would be invoked to raise the felony level and broaden the sentencing possibilities. But I honestly don't know the law well enough to ferret this all out myself, so I figured it was best to just let you hear the explanation straight from the county attorney.

My apologies for attributing anything less than professionalism to the folks working hard on these detention officer's prosecutions.

--email from Bill Montgomery's office, Thursday September 8, 2011--

From Bill Montgomery:

We were able to resolve the case by filing a Direct Complaint/Plea proceeding without having to go through the entire Preliminary Hearing/Trial process. So, while it looks like charges were dropped, we still proceeded with prosecution.

I can assure you that the resolution leads to the defendant no longer working in law enforcement, let alone detention.

I would also appreciate it if you would acknowledge that the goal of holding people in positions of responsibility for safely and securing handling inmates accountable when they break the law is being met. We may disagree about the best way to accomplish that but my commitment to that goal remains. Also, I previously explained to you that the basis for the crimes committed was not the mental status of the victim but the fact that he was restrained. That was the direct set of facts. If we had charged the Class 2 Felonies there is a high likelihood that we would have failed to secure convictions. It was more important to me to charge the appropriate crime so we could ensure convictions.

Thank you for your continued advocacy,

Bill Montgomery

Maricopa County Attorney

301 W. Jefferson, 8th Floor

Phoenix, AZ 85003

602-506-1260

Common Ground: Hugging Bill Montgomery.

I attended a meeting of the Arizona Mental Health and Criminal Justice Coalition yesterday, where both State Rep. Cecil Ash and Maricopa County Attorney Bill Montgomery participated in our expanding community discussion about the criminalization of the seriously mentally ill. Cecil was true to form - and everyone already knows how much I love that man.


I was ready for a fight with Bill Montgomery, if needed, but was pleasantly surprised. The following letter characterizes his role in the conversation well...

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The Prison Abolitionist
PO Box 20494 / Phoenix, AZ 85036
prisonabolitionist@gmail.com
480-580-6807

May 10, 2011

Bill Montgomery
Maricopa County Attorney
301 W. Jefferson St.
Phoenix, AZ 85003


Dear Bill,

I’ve lapsed into the familiar now, largely because I wanted to leave a hug and my gratitude behind for you at the AZMH & CJ System Coalition meeting yesterday, and it still feels to weird to do that for the man in the Maricopa County Attorney’s office. I’m so glad to see that you’re here to help, not hurt, those among us disabled by serious mental illness who face a greater likelihood of criminalization and incarceration than community treatment or hospitalization in Arizona. The class war will wage on, so to speak, and I still anticipate to lodge plenty of opposition to your policies on other fronts, but consider yourself hugged by a left-wing radical (I could face repercussions for that, you know…).

The discussion you facilitated today about how our community responds to mental health crises among the most vulnerable citizens at potentially volatile moments in their lives was a vital contribution to this dialogue. Your strong stance that many of the SMI in the system should have been diverted before being criminalized - and your willingness to play what role you can in seeing that happens more often - was greatly appreciated. I’ve seen too many county attorneys over the years wipe their hands of the problem, locating not only the solutions but the leadership to find them elsewhere, even though the bodies were piling up at their own doorsteps.

You are a far more thoughtful and open-minded man that I gave you credit for. This is not an easy conversation to have, and the crowd you faced had not only law enforcement in it, but recovering individuals and family members of the criminalized among them as well - ready for a fight, if you came poised for one. You identified and navigated many of the complexities of the matter quite skillfully, though, posing the important questions we need to be asking ourselves and each other without shying away from your own opinion on the matter - which you managed to assert based on sound argument, rather than just the authority of your office. You also cultivated an atmosphere where more critical discussion could occur - encouraging some give and take, rather than dominating the room. You were gracious abut allowing dissent without conceding the positions you maintain, as well. I wasn’t expecting to see that.

But you did more than just manage the room. You accepted the responsibility you have to provide some measure of leadership regarding institutional reforms, while coaxing from the community some thoughts on the direction we want to go in. I especially appreciated that you confronted our institutional and societal failures - both within and beyond the criminal justice system - without generating defensiveness, obscuring the hurdles citizens with psychiatric and cognitive disabilities face, or minimizing the devastating consequences of criminalization. You seem far more concerned with positive outcomes for SMI suspects/ offenders - and victims, I might add - than with protecting your office from expending the effort necessary to wrestle with the nuances presented to you by our community’s failure to assure access to meaningful psychiatric treatment options and basic health care for all.

For all that I am grateful, as a person recovering with mood and addictive disorders myself (I could fairly easily end up in an AZ prison), as the sister of a formerly-homeless, dually-diagnosed Deadhead with a rap sheet, and as a citizen wishing to see less victimization and criminalization of members of my community. I left the meeting today with a sense of cautious optimism about the rest of your term in office - I’m looking forward to continuing this public dialogue, and working with you on reducing the criminalization and traumatization of persons with serious mental illness who would not be in the CJ system but for their psychiatric symptoms.

Finally, I just wanted to say that it was a show of courage to call on an audience member who you knew full well may have an argument in store for you - especially one dressed up like an outlaw. For all you knew I even had theater planned…neither was necessary, though. Thank you again for your time and willingness to engage thoughtfully on these issues of late.


Until next time,

MI in CJ System follow-up; 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, PHX (by the Central St. Library) somewhere around 1:30pm.