AZ House Leader: Time for DOC Director Ryan's resignation.

Central Office, AZ Department of Corrections (PHOENIX. November 2010)

  chalk art by Margaret J Plews                                                          photo: PJ STARR

(updated 2:46pm 7/23/2013) 

I don't necessarily expect Jan Brewer to care what the House Democrats think or to fire Good Old Boy Chuck Ryan, but the rest of the legislature should really be looking seriously at how badly he's mismanaged the AZ DOC - that's a billion dollars a year of state money he handles, after all - not to mention the public trust. 

of course, this isn't the first time anyone has questioned Chuck Ryan's leadership....

Resign, Director Ryan: Former Deputy Warden breaks the silence.

Brewer: Please sack Chuck Ryan.

The prisons of Chuck Ryan: Arizona's other death row.

Rep Campbell calls for DOC Oversight hearings; former DW Toersbijns weighs in

 

Still, the governor should care as well, though, since these are all her ghosts...

 

 The Ghosts of Jan Brewer

AZ State Capitol, Phoenix (April 3, 2013)

 

 

  and don't forget all the race riots and other disturbances, not mentioned below...

In any case, this is the day - the whole week - that the families of prisoners should be contacting their legislators, and the legislators responsible for the prisons your loved ones are in. Watch KPNX / CHannel 12 PHX tonight at 6 and 10pm. Then tomorrow please contact your legislators or those of the prison your loved one is in tomorrow with your own story. Forward that email to KPNX CH 12 news at connect@ad.gannett.com with your thank you to them for their coverage.

If you don't mind forwarding a copy to me as well, I'm at arizonaprisonwatch@gmail.com

Find your own AZ legislators here.

Find the prisoners'  AZ legislators here.

   

-From the website of the AZ House Democrats--

Tuesday, July 23, 2013

Campbell calls for immediate resignation of Arizona DOC Director Charles Ryan

STATE CAPITOL, PHOENIX –

House Minority Leader Chad Campbell, D-Phoenix (District 24), is calling for the immediate resignation of Arizona Department of Corrections Director Charles Ryan.

“Director Ryan has exhibited a pattern of mismanagement and a lack of leadership resulting in an unsafe corrections system in our state,” Campbell said. “Under his direction, our corrections system has wasted tax dollars, jeopardized people’s lives and damaged the state’s credibility.”

Campbell’s action follows the recent death of an inmate in a Buckeye prison.  Suicide and homicide rates occurring within Arizona prisons have earned the facilities negative attention in the past.

“We’ve seen reports that Arizona’s prison suicide rate was 60 percent higher than the national average between the years of 2010 and 2012,” Campbell said. “In addition to this, the attempt to cover up what happened to an inmate allowed to bleed to death in front of prison guards is a gruesome consequence of Ryan’s negligence.”

Campbell said he believes Ryan has failed to properly supervise private prison contracts. He points to the inmate escape from Kingman as an example.

“In 2010, three inmates convicted of violent crimes including murder and armed robbery, escaped a privately operated state prison in Kingman,” Campbell said. “Following this incident, Ryan admitted that the DOC didn’t properly monitor this facility. This is a community safety issue.”

Campbell said private prisons cost more than state-run prisons and that the DOC has failed to hold the private prison companies accountable for the terms of their contracts with the state. He also said the state awards contracts in a manner that is not transparent and seems indicative of cronyism. An example of this occurred earlier this year, when the DOC terminated a contract with Wexford Health Sources, a private company that provided healthcare for inmates statewide.

“The Department of Corrections contracted with a company that has a controversial record of service. In fact, one of Wexford’s employees exposed more than 100 people to hepatitis C in a prison in Buckeye,” Campbell said. “The DOC terminates that contract and replaces Wexford with Corizon, another company surrounded by controversy that also happens to have ties to people who are close to the governor. This situation reeks of patronage.”

Campbell thinks using tax dollars on mismanaged facilities is unacceptable.

“We are wasting taxpayer money on mismanaged facilities,” Campbell said. “That is especially true with the for-profit, private prisons. They are not saving the state money.”

Last year, Republicans repealed a state law in the budget requiring a comparison of state and private prisons every two years to ensure that private prisons were providing the same quality of services as state prisons at a lower cost. Department of Corrections Per Capita Cost Reports compiled over five years consistently show that the state is losing money on private prisons, and security audits show serious safety flaws in all of Arizona’s for-profit prisons, including malfunctioning cameras and alarm systems.

 “For years, Ryan has showed that he is incapable of properly handling his position. Arizonans deserve better. He should resign immediately,” Campbell said.

Reasons to call for Director Ryan’s resignation

1.       Security failures. A recent audit by the State Auditor General found disturbing security violations at state prisons, including broken perimeter alarm systems that staff ignored and a failure to keep an inventory of keys.

2.       Personnel problems.  News reports have indicated that there is low morale at state prisons and that employee turnover is very high. The Arizona Correctional Peace Officers Association submitted a letter of “no confidence” regarding Director Charles Ryan.

3.       Criminal behavior.  The Arizona Department of Corrections Inspector General has documented hundreds of acts of criminal conduct by DOC employees, including DUI and domestic violence.

4.       Pattern of mismanagement and lack of leadership. One examples of mismanagement is the awarding of the medical care contract to Wexford, then rescinding that contract and re-awarding it to Corizon. Both companies have faced controversy and accusations of poor medical services.

5.       Conflict of interest.  The Department of Corrections has close ties to the private prison industry as well as private health care providers.  One example is Chuck Coughlin’s relationship with Corrections Corporation of America (CCA), which has a contract with the state to provide private prisons. Coughlin has a well-known relationship with the governor, who appointed Director Ryan to his position. Another example is Director Ryan’s ties to Terry Stewart who works with Advanced Correctional Management, which lobbies for private prison expansion, as well as Stewart’s work with Corizon, which was eventually awarded the statewide contract to provide health care to inmates.

6.       High suicide rates. Suicide rates at state prisons were 60 percent higher than the national average between 2010 and 2012.

7.       Poor medical care. Inmate medical care has been severely neglected. Egregious examples of inmates being given grossly inadequate health care have been outlined in the class action lawsuit against DOC.

8.       Abuse and neglect of inmates. There has been a pattern of abuse and neglect of inmates, including Marcia Powell who died after being left outside in the sun for many hours and Tony Lester who was allowed to bleed to death in prison while correctional officers watched and did nothing to help him.

9.       Private prison problems.  In addition to the conflict of interest noted above, Director Ryan has also failed to properly manage private prison contracts and supervise the private prisons.  The inmates escaping from Kingman is one example of his failure to oversee the private prisons. Additionally, private prisons often cost more than state-run prisons, and DOC has failed to hold the private prison companies accountable for the terms of their contracts with the state.

CLASS ACTION: 'Parsons v Ryan' - Medical neglect and suicide at the AZ DOC

Join us to support 14 prisoners suing Charles Ryan, Director of the Department of Corrections and Richard Pratt, Director of Health Services for gross negligence, deliberate indifference, and unconstitutional conditions of confinement. 

CLASS ACTION Memorial Mural
Friday, Jan 25, 7:30-9:30am 
Sandra Day O'Connor Federal Courthouse 
401 W. Washington St. PHOENIX

We will make a chalk mural outside the Sandra Day O'Connor court house in solidarity with these 14 prisoners who are fighting to change the criminal neglect of health care of Arizona prisoners. The mural will remember those who have been lost under this administration.

These are the stories of those still fighting for their lives:

Victor Parsons has ADHD and bipolar disorder. In June 2010, his medication was abruptly discontinued without explanation. When he began to experience psychotic symptoms, he submitted a request for treatment. His medication was restarted abruptly without titrating, placing him at high risk for severe side effects. When his tooth filling fell out, they gave him a temporary filing which fell out weeks later. Each time he was seen, he was given a temporary filing again, forcing him to restart the process.

Shawn Jensen had an elevated score on a Prostrate Antigen Test and a nodule on his prostrate in November 2006. The prison doctor ordered a prostrate biopsy in 2007, but Shawn did not receive the biopsy until 2009. By that time, he had Stage 2 prostrate cancer, an aggressive form. He experienced delays of two months in getting medication prescribed by his urologist. He was not taken for surgery until July 2010, and as a result, suffered permanent injuries.

Stephen Schwartz was assaulted by another inmate in February 2010. He suffered eye injuries and extensive facial fractures, but was not referred to an opthamologist until January 2011, almost a year later. He filed numerous health care grievances for his pain, but waited months to learn whether pain medications would be approved. He was also diagnosed with bipolar and major depressive disorder, but has received inadequate mental health care while on suicide watch.

Dustin Brislan has bipolar disorder, schizo-affective disorder, and borderline personality disorder, with a designation of SMI (Serious Mental Illness). He engages in severe self-injurious behavior, including cutting, head banging, and self-starvation. As a result of his mental illness, he experiences depression, hallucinations, sucidal ideation, and paranoia. Despite the severity of his condition, the Dpt of Corrections has failed to provide him with minimally adequate mental health care. He has had medications delayed, has not been regularly monitored by a psychiatrist, and has been on suicide watch for excessive lengths of time without adequate supervision, where he committed repeated acts of self-harm.

Sonia Rodriguez is also designated as SMI, and experiences depression, anxiety and hallucinations. The Dpt of Corrections has failed to provide therapeutic treatment and has kept her in cruel and inhumane confinement in Perryville's and on suicide watch. The harsh conditions and extreme isolation of the Special Management Unit (SMU) and on suicide watch. On multiple occasions, her medicine has been abruptly changed without explanation. As a result, she has severe side effects, including uncontrolled shaking, difficulty sleeping, and worsening of her mental health symptoms.

Christina Verduzco is diagnosed with paranoid schizophrenia, bipolar disorder, and borderline personality disorder. She experiences auditory and visual hallucinations, anxiety, paranoia, and self-harm by cutting herself. She is confined in Perryville SMU and placed on suicide watch on several occasions. While on suicide watch, Christina is forced to wear a smock that barely comes up to the top of her thighs. The lights are kept on 24 hours a day, and she is subjected to 'safety checks' every 10-30 minutes a day where correctional officers wake her if she is asleep. She has minimal human contact, cannot go outside, cannot brush her teeth or bathe regularly. Outside of suicide watch, her experience is similar: extended isolation, limited exercise, and limited therapeutic treatment. Christina has asthma, but has been pepper sprayed repeatedly by correctional officers. After being sprayed, she has been dragged out of her cell, hosed down, and thrown back into her cell.

Jackie Thomas is diagnosed with depression and seizure disorders. Although Jackie did not have suicidal ideation when he first arrived at the SMU, his mental and medical health conditions have deteriorated during his isolation in the SMU. He was placed on suicide watch many times, where he received minimal mental health care. He has experienced many failures of his medical treatment, including improper cessation and initiation of psychtropic medications, failure to administer prescribed medication, repeated use of ineffective medications with severe side effects, lack of informed consent, and long delays in follow up and psychiatric evaluation.

Jeremy Smith has depression, aggravated by interruptions in his mental health treatment and prolonged isolation in the SMU. His medications have been abruptly discontinued without explanation and restarted at inappropriate times and after lengthy delays. Jeremy has also been prescribed powerful medications not indicated for depression.

Robert Gamez suffered a childhood head injury and was diagnosed with borderline IQ, possible Post-Traumatic Stress Disorder, and possible frontal lobe dysfunction, symptoms of which include major depression, panic and anxiety. Although his symptoms are consistent with frontal lobe dysfunction, the Dpt of Corrections never conducted follow-up tests to confirm his diagnosis. He has experienced multiple interruptions in care, received improper medications, and was not given psychological services for his pronounced mental health deterioration during his prolonged isolation in SMU. In August 2009, Robert began experiencing intense paranoia, anxiety, panic, and psychosis, asking to be taken off his medication and out of isolation. Despite his severe condition, he was not seen for five months.

Maryanne Chisholm has been diagnosed with hypertension but was not referred to a cardiologist for eight months, despite experiencing chest pain and shortness of breath. She has bipolar disorder, Obsessive Compulsive Disorder, and depressive disorder. Maryanne has experienced significant delays in psychiatric care, medications, and follow-up, which has contributed to worsening symptoms. In April 2011, she had a nervous breakdown and requested an adjustment of medication; she was not seen for a month. Her mental health condition is exacerbated by guard harrassment. She has been subject to repeated and frequent room searches, and her art supplies, which she relies on to manage metal health symptoms, were confiscated.

Desiree Licci has a family and personal history of cancer. In 2010, she observed multiple masses growing on her breasts, mouth, and arms. In December 2010, Desiree requested testing. In April 2011, the prison doctor referred her to an oncologist. However, she was not seen for a CT scan until September 2011. In the interim, she began experiencing diarrhea, nausea, exhaustion, weight loss, and pain. Desiree did not receive an MRI until December 2011 and it was not properly administered. She had to submit a grievance and wait another month until a proper MRI was done, confirming multiple masses on both ovaries.

Joseph Hefner's vision rapidly deteriorated after a Dpt of Corrections nurse gave him expired eye drops. In 2006 and 2008, Joseph did not receive timely doctor-prescribed eye medication following eye surgery. Although he has submitted numerous health care requests for eye pain and his doctor has referred him to the opthamologist, he has been waiting to see an opthamologist for over three years.

Joshua Polson has been diagnosed with bipolar disorder, mood disorder, and psychosis. He has a family history of suicide and has attempted suicide three times. Nonetheless, he is in isolation, where he has minimal human contact, which results in increased suicidal ideation. He has experienced repeated gaps in his medication and sporadic monitoring of his medication levels. Additionally, he has chronic ear infections, and permanent hearing loss in his right ear following significant delays in care. After losing hearing in his right ear, Joshua submitted health care requests for pain in his left ear, but was not seen for over a month.

Charlotte Wells has a history of heart disease and high blood pressure and suffered a heart attack prior to being incarcerated. She arrived in custody complaining of chronic chest pains, and continued to experience dizziness and high blood pressure, but was not seen by a cardiologist until she was hospitalized for a blocked artery four months later. Charlotts was not seen by a doctor or returned to the hospital thereafter, despite her history and the high risk of heart attack following the placement of a stent. Additionally, Charlotte experienced broken fillings in two of her teeth in 2010. She complained of pain and requested fillings be repaired, but was told the only option was to have the teeth pulled, or wait months to have the filling approved. She did this, and endured pain for several months before her fillings were replaced; however, when she got the filling, the dentist cracked an adjacent tooth.

The hearing will be in Judge Neil Wake's courtroom at 3 pm. The mural will take place the morning of the hearing, at 7:30 - 9:30 am.

Parsons v Ryan: Suicide Prevention Day, 2012, AZ DOC.

My young friend Davon Acklin is finally on interferon treatment at ASPC-Phoenix, which has been pretty rough on him. He's been covered with painful lesions for a week and can't get the medicated cream he needs to treat them. They did put him on a suicide watch when we complained about his lack of cream, however. We fear that's a pretext to justify terminating him from the HCV treatment program this week. 

Davon's adamant that he never said anything suggesting he was suicidal - nor did I. We're trying to get him off the watch now. Suicide watch in AZ state prisons makes people more likely to kill themselves, anyway, not less. Get it right, people.

Please think good things for Davon and his family; we are still at war with the DOC over his care.

remembering Susan Lopez, Geshell Fernandez, and all the other victims of suicide 

at the AZ Department of Corrections. 

The prison suicide rate has doubled under the Brewer administration, 

and is twice as high as the national average for state prisoners.

This is the state of suicide prevention in Arizona's Department of Corrections, under Director Charles Ryan. I hope the DOC responds to this critique with a detailed description of what else they're doing to reduce the rate of despair and violence that's driving Arizona prisoners to kill themselves at twice the rate than the national average for state prisoners. I want to know what the training consists of. So do the families who have already suffered a death in custody - as well as the loved ones of those mentally ill prisoners fighting to be safe and well in custody now. How have the conditions described below changed since Parsons v Ryan was filed?

If you have a loved one in prison with a serious mental illness whose safety or sanity you fear deeply for, please feel free to contact me. I'm just an artist and activist - I'm not a lawyer or professional anything, but I can refer you to resources in your community, and connect you with other families who share your struggle. 

Have your loved ones write me as well. 

Arizona Prison Watch  /  PO Box 20494  / PHOENIX, AZ 85036

thank you again to all the attorneys working on this case...but most of all, to the prisoner-litigants who had the courage to put their names and faces to the abuses and neglect going on behind bars in this state...

Peggy Plews 

480-580-6807

arizonaprisonwatch@gmail.com

Parsons V Ryan (p. 47)

2. Defendants Deprive Suicidal and Self-Harming Prisoners of Basic Mental Health Care

82. Defendants have a policy and practice of housing prisoners with serious mental health needs in unsafe conditions that heighten their risk of suicide. In FY 2011, there were 13 suicides in ADC prisons, out of a population that averaged 34,000 during that time. That is a rate of 38 suicides per 100,000 prisoners per year, more than double the national average suicide rate in state prisons of 16.67 per 100,000. Three prisoners committed suicide in one week in late January 2012, including a 19-year-old woman.

83. One factor responsible for such a high suicide rate is Defendants’ policy and practice of maintaining suicide watch facilities that offer no meaningful treatment. Usually the only people who interact with prisoners on suicide watch are correctional officers who check on them periodically, medication assistants who dispense pills, or psychology assistants who talk to them through the front of their cell. Plaintiff Swartz did not receive psychotherapy for more than two months in the summer of 2011 while on suicide watch at the Lewis facility. After he swallowed glass and was taken to an outside hospital, the hospital psychiatrist recommended that he be taken to an inpatient mental health unit. These units are in the Phoenix complex. Instead, Mr. Swartz remained at Lewis where he continued to harm himself. He finally was moved to the Phoenix inpatient unit almost three months after the hospital psychiatrist had made that recommendation, but after a short period of time he was again returned to Lewis. Plaintiff Thomas did not see a psychiatrist for 11 months despite being placed on suicide watch multiple times.

84. Defendants also have a policy and practice of holding suicidal and mentally ill prisoners in conditions that violate all notions of minimally adequate mental health care and basic human dignity, and are not compatible with civilized standards of humanity and decency. Suicide watch cells are often filthy, with walls and food slots smeared with other prisoners’ blood and feces, reeking of human waste. Mental health staff show a lackof professionalism and little compassion for prisoners enduring these conditions: for example, prisoners in suicide cells are taunted for being in “the feces cells.” When Plaintiff Swartz complained to a LPN about the unhygienic conditions of the suicide cell at Lewis, the LPN described him in the mental health notes from the encounter as “bitching about cleanliness – germs and disease.”

85. Defendants have a policy and practice of keeping suicide watch cells at very cold temperatures. Prisoners are stripped of all clothing and given only a stiff suicide smock and a thin blanket, making the extreme cold even harder to tolerate. Plaintiffs Rodriguez and Verduzco report that the suicide smock used in Perryville barely comes to the top of female prisoners’ thighs, so both their legs and arms are exposed to cold air. Many prisoners are also deprived of mattresses and as a result must sleep on bare steel bed frames, or on the floor made filthy with the bodily fluids of prior inhabitants. Plaintiff Brislan spent several weeks in a frigid suicide cell with no mattress.

86. Defendants have a policy and practice of exposing prisoners on suicide watch to gratuitously harsh, degrading, and damaging conditions of confinement. Prisoners are given only two cold meals a day, and are denied the opportunity to go outside, brush their teeth, or take showers. The only monitoring prisoners receive in suicide watch is when correctional officers force them awake every ten to 30 minutes, around the clock, ostensibly to check on their safety. In some suicide cells, bright lights are left on 24 hours a day. The resulting inability to sleep aggravates the prisoners’ psychological distress.

87. Mentally ill prisoners on suicide watch complain of correctional staff behavior that interferes with any therapeutic effect of being on suicide watch, including harassment, insults and taunts, and the excessive and practically sporting use of pepper spray. Prisoners at the Perryville suicide watch units, including Plaintiff Verduzco, have jerked awake when awoken by staff on the “safety checks,” and are pepper sprayed for allegedly attempting to assault the officers. Guards in the Perryville suicide watch units also frequently pepper spray female prisoners in their eyes and throats when they are delusional or hallucinating. Plaintiffs Rodriguez and Verduzco have asthma and rely upon inhalers, and they have had asthma attacks from the regular use of pepper spray in the women’s suicide watch unit. On multiple occasions after she was pepper sprayed in the eyes, nose, and mouth, Ms. Verduzco was dragged to a shower, stripped naked, and sprayed with extremely cold water to rinse away the pepper spray; she was then left naked to wait for a new vest and blanket. A prisoner in the Florence prison’s suicide watch unit reports that while there he was handed razor blades to swallow by other prisoners, and told “just die right away.” He started to swallow the blades, and security staff pepper sprayed him while he coughed up blood, and did not provide other emergency response.

88. Defendants’ policy and practice of holding suicidal prisoners in excessively harsh conditions does not prevent but rather promotes self-injurious behavior. Plaintiff Brislan has cut himself numerous times with razors and pieces of metal while on suicide watch at multiple prisons, including Tucson, Lewis, and Eyman’s SMU 1 and Browning units. At the Tucson prison, staff put him on suicide watch in a cell with broken glass on the floor which he used to cut himself. During another stay in suicide watch, Mr. Brislan was given a razor blade that he used to deeply lacerate both of his thighs. While on suicide watch in the Lewis prison during the summer of 2011, Plaintiff Swartz, on separate occasions, swallowed multiple foreign objects, including two large staples, plastic wrap, a piece of glass, a lead-head concrete nail, a spork, two pens, sharpened paper clips, a metal spring, a steel bolt, and two copper wires. As with Plaintiff Brislan, Mr. Swartz’s repeated suicidal gestures and ability to access dangerous objects while on suicide watch confirms that he was not being properly monitored and that any mental health treatment he might have been receiving was inadequate.

89. Defendants also have a policy and practice of improperly using the suicide watch cells to punish prisoners for alleged disciplinary infractions. An Eyman prisoner who went on a hunger strike to protest prison policies, but did not display signs of mental illness or distress, was put in a suicide watch cell for several weeks and was told by a mental health provider, “If you weren’t on this hunger strike, you wouldn’t have to live in the feces cell.”

ASPC-Lewis: Albert Tsosie's killers plead guilty.

The level of violence in Arizona's state prisons has skyrocketed since Jan Brewer took office, appointing Chuck Ryan as the AZ DOC director. The suicide and homicide rates doubled and the assaults rate tripled. An excellent article by Bob Ortega from the Arizona Republic in June highlights some of the murders.

 The 2010 killing of native American prisoner Albert Tsosie was a gang hit that helped give ASPC-Lewis a reputation for being one of the bloodiest prisons around; Dana Seawright was murdered there just a few weeks later.  Marlon McCowan and Richard A. Johnson, both Native American as well, have finally pled guilty to the hit. The gangs, of course, are most unforgiving of  - and violent towards -those they consider their own...remember that, young men out there, when you choose who you call your "brother". Most prison gangs are blood in, blood out.

Art of Resistance: Justice Day Action at the Phoenix Art Museum!

On August 10, 2012 a small handful of us in Arizona celebrated Prisoners' Justice Day, which is a day to remember those who have died in state custody.  Some of us in the "free world" descended upon the Phoenix Art Museum for a sunrise action, seizing the public space in front of their sign on Central and Coronado for our canvas. There, about 25 members of the community chalked a 100-foot wide community memorial to nearly 70 victims of prison violence, neglect or despair, recommitting in the process to our fight for the living as well.

Security at the Art Museum seemed slow to respond for their part and they were mean when they did - we'd covered at least 80 feet by the time the chief came out to find out what was going on (he's lucky I can't find his card now and name him...). Turns out he called the Phoenix Police to see if they could send someone out to stop me, but Sgt Schweikert told him it wouldn't do any good. So, unable to have me arrested for soiling "their" clean sidewalk with my free speech, the custodians of our community's art and culture had a city crew hover on stand-by to wash away the names of the dead - including those put down by their mothers - the moment we left the sidewalk. 

Literally.

I found that to be downright disrespectful of everything from the first amendment to the grief of the families who were with us that day, not to mention petty and intolerant. If we were there about sick children and cancer instead of dying prisoners and AIDS or Hep C, would they have been less cruel? We decided that they wouldn't render us invisible again that easily, and Facebook was flooded with photos of the morning's action, mostly of the names of the dead.

In addition to the mothers of Carlo Krakoff, Joseph Venegas, and Dana Seawright, and loved ones of current prisoners, we were joined by former prisoners, anarchists from my neighborhood, Occupiers I was arrested with, artists from the Firehouse Gallery, immigrant rights activists, and Haley from the Phoenix Harm Reduction Organization (PHRO - check them out!). A cross section of the community I live and work in - small wonder that the Phoenix Art Museum thought it was too good for us.

Below is a little something I made from the photos of the action, many of which were taken by my comrade from 4th Ave jail, Janet Higgins, who made a special effort to document the individual names. Please print it up and send it inside, if you correspond with any prisoners. Let them know they have not been forgotten...

Tell the FBI: The Murder of Dana Haywood Seawright was a Hate Crime (ON HOLD)

UPDATE: FBI CALL-IN --ON HOLD---

Deaths in Custody: Hate, Justice and the FBI.

PHOENIX FBI: 623-466-1999

WARNING: 

Many of my anarchist friends must think I'm nuts for inviting 600 people to call the FBI out on Dana Haywood Seawright's killers. Their co-conspirators, though, I believe, include employees of the state - the guards who let a gang beat a man to death and clean up their mess before stepping in to see what was amiss. And the DOC investigators who ignored both testimony and evidence that identified who ordered the hit.

So if you really want to mess with the police, my friends, please do so here and now - you don't have to check yes on the invite (allowing the FBI to gather their newest shit list), but you can still call and demand they treat this as a hate crime and put those witnesses into protective custody immediately. We need your help today and every day for the next month if that's what it takes to say that queer prisoners don't deserve to be treated this way....come find me if you have problems with that.

And remember that they will trace whatever phone you use. Your masks will not protect you...

---from FACEBOOK----

FBI CALL-IN July 12 - August 10, 2012!!! SHARE WIDELY.

On July 3, 2010, Dana Haywood Seawright was beaten into a coma by the West Side City Crips at Lewis state prison in Buckeye, AZ. He died four days later, at the age of 26.

Dana was bi-sexual and anti-racist, and had a Mexican boyfriend in prison, for which he was murdered. The Arizona Department of Corrections collected evidence of this hate crime, obtained eyewitness statements, and identified likely suspects with defensive wounds on them.

Once they determined why Dana was killed and by whom, the DOC investigator then told Dana's mother: "if it's any consolation, they didn't mean to kill him - they just meant to teach him a lesson." They proceeded to close the case, unsolved, never filing charges - not even taking disciplinary action - against anyone.

Since there's question of DOC officer complicity in the beat down (his dorm was left unsupervised and unchecked for an hour while they assaulted him and cleaned up evidence), one must wonder if there isn't a concern about government agent corruption regarding this case as well.

Dana's mother, Kini Seawright, appealed last fall to the Phoenix FBI's lead agent, James Turgal, to open her son's homicide case as a hate crime or gang crime investigation. The FBI has thus far refused to do so. Now, six weeks after she went in person to press his office on the matter, the FBI agent she spoke to didn't even bother to get back to her to tell her they had no intention of following up. He told her that only when she called again to inquire about the status of the case.

When state and local law enforcement fail to investigate hate crimes - and when there's question of their complicity in the violence or in a cover-up, it's the duty of the Federal Bureau of Investigation to pursue it. Please call the Phoenix FBI and tell them that Dana's murder was a hate crime, and the people of this state expect them to investigate it fully.

Dana lost his life for his defiance of racism and hate - despite his criminal convictions, he was a good man who didn't deserve to die that way. Help his mother convince the FBI that Dana's was no less valuable because he was a poor, black, bi-sexual prisoner than if he'd been a wealthy white businessman with ties to the Governor. Call the Phoenix FBI office at 623-466-1999, then note here that you did so to help us track community response.

See our letter to the FBI earlier this year at http://azprisonsurvivors.blogspot.com/2012/03/hate-crimes-in-az-prisons-where-is-fbi.html. We have yet to receive an answer.

August 10 is recognized internationally as Prisoner's Justice Day. Please help us pressure the FBI to open Dana's case as a hate crime investigation before then.

For more information about this and other violence against Arizona state prisoners, go to http://azprisonsurvivors.blogspot.com/

 

ASPC-Florence Deaths in Custody: Nelson Douglas Johnson III, 31

Nelson Douglas Johnson III:

2002 Award winner in Lowrider Mag

---------------July 3, 2010 (8:20am)---------------

I spent some time this morning trying to learn a little more about this fellows life than the AZ Department of Corrections wants to share with us. All I could draw from were his criminal records though, and some of what comes from them is just my inference...

Nelson Douglas Johnson had a history of having problems with the law dating back to adolescence. At the age of 17 he was charged as an adult for a hit-and-run accident that apparently resulted in someone's death...that's a hell of a thing to live with. Nelson pled guilty to an aggravated assault charge out of that case (eventually agreeing to a $2million restitution order), then picked up a separate weapons misconduct charge around the same time and went to prison young. 

I can't access the sentencing minutes, but by all appearances Nelson did at least eight or nine years in state prison - growing up there, basically - before being released in 2008. He was back in prison in 2010, pleading guilty to resisting arrest in exchange for having a number of burglary charges dropped. That was what he was doing time for when he killed himself this week, just two months short of freedom.

Nelson should have been paroled on September 7 of this year, which is troubling. Whenever I see guys do this I can't help but wonder if there was some more fearsome death they were trying to avoid by taking their own lives. As noted below, Nelson was at ASPC-Florence/Kasson - and according to his AZ DOC record, he had a number of disciplinary actions this past year for what appear to be "refusals to house" - which is usually what someone does when they're afraid they'll be hurt or killed on a GP yard, so they get a ticket and get sent to detention, Like Nelson did.

The only letters I get from Nelson's yard, by the way, are from guys who are begging for help getting protective custody. I hope his family hires an attorney to find out if he had been threatened and was seeking protection at the time he died - too many guys have done themselves in upon being told they were denied protection and would be returned to general population; the terror of what might happen to them there was too much to face. If there wasn't such a huge jump in the violence in our state prisons under Chuck Ryan, the protective segregation program wouldn't be so swamped with applicants right now.

Families, please tell your loved ones to hang on. If they're having trouble getting PS or if you fear they aren't getting the mental health treatment they need, have them write to me (PO Box 20494, PHX 85036). I can't promise to deliver anything, but I'll do what I can to help and encourage them through whatever they're facing in there. Let them know about the class action suit over the neglect and suicides, and that we're working on getting the feds in to assess the skyrocketing assault and homicide rates under Chuck Ryan - tell them that help is on the way, they just need to hold out and hang in there.

Finally, condolences to Nelson's family, who must be devastated. If I can be a support through this or you want to organize with other survivors to prevent this bloodshed from continuing, let me know. 

If anyone knows more about Nelson Johnson's life or death, I'd appreciate it if you'd contact me (arizonaprisonwatch@gmail.com or 480-580-6807), so I can tell his story more completely. 

Art by Nelson Douglas Johnson III

featured in Lowrider Magazine (2001)

-------------from the Arizona Republic-------------

Florence prison inmate kills himself in his cell

Bob Ortega - Arizona Republic

July 2, 2012

An inmate serving 21 months for resisting arrest was found dead from an apparent suicide in his cell Sunday at Arizona's Florence state prison, Arizona Department of Corrections officials said.

At the time of his death, Nelson Johnson, 31, was being held in maximum security in the prison's Kasson unit, which includes mental-health and disciplinary detention cells. Officials couldn't immediately confirm that Johnson was being held in isolation, but all the cells in Kasson are isolation cells.


Johnson is the fifth acknowledged suicide in the state prison system since Jan. 1. All but one of the suicides have been by inmates being held in isolation in maximum security at Florence or Eyman state prisons. There have been four other deaths since the beginning of March in which the department has not released a cause of death and that officials said remain under investigation.

Johnson had been imprisoned since May 11, 2011.

David's Hope: Prison, Solitary and the Mentally Ill.

Community member Mike Shipley remembering victims of prison violence and despair at the opening of "Patriotic Descent", an art show on the exercise of political speech at the Firehouse Gallery in Phoenix (June 9, 2012)

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

The letter below was posted to the AZCentral website in the comments following the June 16 guest editorial in the AZ Republic by Steve Twist titled 

"Arizona prisons humane, secure despite criticisms." 

 ----from David's Hope------

I am writing as an advocate and founder of David’s Hope, a nonprofit dedicated to promoting treatment rather than incarceration for all those with mental illness and addictions. It is extremely sad to see former deputy AG Steve Twist write his ridiculous opinion piece, published  June 16 in "My Turn", wherein he claims our Arizona state prisons to be both humane and secure.

Arizona has a long history of brutality in its prisons, being first at producing a supermax prison and choosing to incarcerate endless numbers of individuals with serious mental illness within its walls. As an advocate for those with mental illness, I receive frequent requests for help from the mentally ill and their families who are seeking to find just a glimpse of humanity from the administrators of our AZ state prisons. Instead they find themselves cast into the abyss of brutality under the reign of current ADOC administration. The current director has replaced rehabilitative policies with chemical gassing and attack dogs which are used frequently. Even those suffering from psychosis due to severe mental illness are not immune from the brutality, regularly being sent to long term isolation for refusing to obey commands of the officers in charge. Those with severe disorientation due to psychosis can be kept in isolation for years, without sunlight or fresh air, permanently cut off from contact with any other human being in any meaningful way.

You won't hear the DOC call their isolation policies solitary confinement. Officials sanitize the term calling it segregation and tell us only the most violent are sent there. I speak as an advocate in the state of AZ in behalf of those with mental disorders. I do not believe this correctional regime is forthright in their disclosures.  The ACLU of AZ filed a class action lawsuit in March of this year regarding the lack of medical and mental health care provided in ADOC. This lawsuit is a real Godsend to all those who want justice and decency to prevail in Arizona's prisons. The opportunities this lawsuit brings, give our state prisons their best chance of achieving lasting reforms, rehabilitation of offenders and successful reintegration of offenders back into our communities.

Our society will be judged by how we treat the least among us. Without adequate mental health care, our incarcerated mentally ill will return to us more ill and damaged than before we locked them up. How will this make our communities safer or save taxpayer dollars? All inmates in Arizona prisons should be treated humanely.

Over 95% of all inmates will return to our communities one day. I ask you to consider our state correctional policies and then decide.........What is it we will have taught them?

We want to express our deepest gratitude to investigative reporter Bob Ortega for shining the light of truth on the despicable lack of respect for human dignity, under which our present day DOC operates. You can find more info regarding our efforts to increase collaboration between Arizona's mental health and criminal justice systems at davidshopeaz.org


Mary Lou Brncik

The Voice for AZ Crime Victims is not Steve Twist...

 

 Some of the  68 names of the AZ DOC's victims of violence, neglect and abuse over the past 3 1/2 years, 

from the roof of Phoenix's Firehouse Gallery during the opening of "Patriotic Descent".

(June 9, 2012)

The letter and video link below came to me as a response to the editorial in the Arizona Republic today by Mr. Steve Twist, titled: "Ariz. prisons are humane, secure despite criticism". As implied, the letter is a defense of the state-as-perpetrator, not an argument that human life and rights should be vigorously protected.

Mr. Twist is a founder of the conservative Goldwater Institute, and the former assistant attorney general who authored the AZ Victims Bill of Rights, a constitutional amendment passed in the early 90's which explicitly excluded anyone "in custody for an offense" (as well as their survivors, if the crimes perpetrated against them result in death) from the legal definition of victim - and thus from all resource the state allocates to help victims cope with the devastating consequences of assault, rape, murder and other such serious crimes.

The letter was composed for the occasion by a real-life survivor of the state's cruelty and neglect; she lost her brother to it. Michelle gave me her blessings to post it widely - this is one of the voices we can trust. Please pass it on.

---------------from Michelle Lependorf------------------- 

Saturday, June 16, 2012

The recent articles written by Mr. Ortega in The Arizona Republic were primarily aimed at highlighting the deficiencies in health care provided to Arizona’s most seriously ill prisoners, those having severe mental and medical conditions.  It was fact-based, investigative reporting and not a media campaign or ACLU conspiracy aimed at generating sympathy and support for reduced prison terms or less restrictive environments within Arizona’s prisons.

The focus of the articles written by Mr. Ortega was not to question the housing protocol within the Arizona Department of Corrections.  Rather, it was to highlight the deliberate indifference shown to inmates who suffer from serious medical conditions wherever housed within Arizona’s prisons.  These inmates have been systematically, persistently and consistently denied or delayed meaningful and effectual medical care, the result being that far too many are dying, many of whom have not been incarcerated for violent, predatory crimes and who have not been perpetrators of inmate on inmate violence.

If officials within the Arizona Department of Corrections are, as is claimed by Mr. Twist, aware that “a significant percentage of those who live in Arizona prisons are in poor health when they enter prison,” don’t these same individuals have a heightened duty to ensure that an adequate health care system is in place to address the needs of these individuals?  This includes, at a minimum, ensuring that properly trained staff are in place and available to deliver the sophisticated health care required by such a high-risk prison population.  


Despite Mr. Twist’s assumptions to the contrary, there is a vast low-income segment of society that exists outside of the prison environs.  In that segment of society, there are a statistically larger number of individuals suffering from poor health conditions, as compared to more affluent segments of society.  This is primarily due to a lack of resources, high unemployment, low education levels, poor diet and nutrition, lack of health insurance and, perhaps, to some degree, genetic predispositions from the continuity of poor health conditions inherited by each successive generation.  That does not mean, however, that such individuals do not deserve adequate and effective medical care.  Should we deny or delay medical care for such individuals because they are born into and continually exist within a segment of society that renders them more susceptible to healthcare challenges?  Why can we not expect the same level of care for prisoners who enter Arizona’s prison systems with existing chronic conditions?  It may be true that many prisoners are entering into Arizona’s prisons “suffering from a litany of conditions.”  However, that does not mean that such individuals should not expect to receive or are undeserving of quality medical care – care that is delivered when it is needed and when it can make the greatest difference in the life of an inmate.  In fact, perhaps addressing the needs of such individuals would go a long way to improving conditions in the medically underserved communities from which these individuals come, as Mr. Twist claims. 

Given the threat it poses to public health in general, the failed healthcare system in Arizona’s prisons can no longer be denied, ignored or tolerated on the premise that prisoners, by virtue of their past misdeeds, are not deserving of adequate healthcare.  Although many in society believe that prisoners are not entitled to the same standard of medical care as individuals who have never been convicted of a crime, this view fails to take into consideration the high cost to society of substandard medical care provided to prisoners.  Inmates with serious illnesses or contagious diseases, who do not receive proper medical treatment while incarcerated, will eventually return to their communities.  When they do, they will likely be more unhealthy, unable to work and, more importantly, ineligible for health insurance.  This, in turn, will surely place a greater strain on the state’s already scarce resources.  So denying very ill prisoners adequate medical care is simply akin to being penny-wise and pound-foolish. 

What Bob Ortega’s articles make clear is that we have a failed health care delivery system in place within Arizona’s prisons.  It is a substandard, inhumane system that is responsible for the needless suffering and deaths of thousands of inmates.  For anyone who believes otherwise, the next time you or someone in your family becomes ill, by all means, opt for an exam with one of the paramedical professionals in Arizona’s Department of Corrections.  Mr. Twist, with his twisted notions, should be the first one to do so! 


For those of you who need further proof of just how inhumane healthcare is in Arizona’s prisons, you can get a first hand glimpse by clicking on the following link: http://www.ireport.com/docs/DOC-755489.

Michelle Lependorf is a NJ lawyer and the sister of Ferdinand Dix, a former AZDOC inmate who died while incarcerated in Arizona from undiagnosed, untreated metastatic small cell lung cancer.

Steve Twist and the invisible victims of Arizona's state crimes...

The following editorial in the Arizona Republic today (here, if you want to read it first) comes from Steve Twist, the author of the Arizona Victim's Bill of Rights and is founder of both the Goldwater Institute and "Arizona Voice for Crime Victims."  Here's a good link to his own narrative of his involvement in the victims' rights movement - from the early days - which is more useful and fair.

What precedes Twist's letter is my response to it, as submitted to the AZ Republic and Gannett News. I urge everyone out there who cares about prisoner rights to contact the Arizona Republic / Channel 12 ( Editor, The Arizona Republic, P.O. Box 1950, Phoenix, AZ 85001, or here), and Gannet News (email connect@ad.gannett.com ) every which way you can, and tell them to keep up the good work - this is just a sign that the real bad guys are getting scared, and resorting to their usual tactics (like scaring everyone else into trusting them).

Survivors of Prison Violence: 
mural made naming 68 victims from AZ Department of Corrections at the art show opening: Patriotic Descent" at the Firehouse Gallery, Phoenix (June 9, 2012).  

The prisoners listed were victims of homicide, suicide, and gross medical neglect under the administrations of Governor Jan Brewer and AZ DOC director Charles Ryan.

(Revised)


In his June 16 editorial in the Arizona Republic, Steve Twist complains about the recent investigative series by Bob Ortega on the high number of deaths in the state prisons under the current administration. I found it interesting that instead of writing to advance the rights of those human beings documented to be seriously neglected and abused in custody, Twist works overtime to frame the state as the victim of a "flagrantly malicious" attack by the media.

It always troubles me when it's an advocate for people who have been violated and victimized who comes to the rescue of one of the worst offenders, the prison system, by dismissing the evidence of brutality, corruption, loss of life, and sheer waste in front of them. Mr. Twist authored the Arizona Victims Bill of Rights, and has a long history of work on behalf of victims. Yet here Twist adamantly defends the perpetrators of gross neglect and facilitators of violence when it comes to the prisons - not the targets of it.

Twist argues that public safety will be compromised if we even look at the issue of the seriously mentally ill being tormented in solitary confinement and killing themselves, or the high incidence of assaults and murders in AZ's prisons. That kind of fear-mongering has been pretty effective, I'm afraid: America incarcerates more of our people than the Soviet Union or Communist China did at any time - and so much of it is for addiction and mental illness, not heinous crimes. I don't know how enforcing the law to reduce victimization behind bars could put the rest of us at risk, though. It seems to me that ignoring the soaring levels of violent criminal activity in prison is just giving the real bad guys more target practice, so they're especially vicious and well-rehearsed when they come back to our communities - which 95% of prisoners eventually do.

Twist's editorial also come to the aid of the current AZ DOC director, Chuck Ryan, on whose watch the homicide and suicide rates doubled as he eliminated mental health treatment programs, changed policies about how to match cellies, and curtailed the resources available to staff to treat the injured and dying. Ryan's also cultivated the climate of contempt for human life throughout his institution that allows such cruel and unusual medical neglect to occur as what goes on in Arizona's state prisons -  like that which Ferdinand Dix endured as he wasted away from cancer untreated, and unnoticed. Mr. Ryan should be forced to resign, frankly - he is a growing embarrassment to the Brewer Administration, and is clearly not in control of his prisons.

Mr. Twist is one who has stood with crime victims and their families time and time again. The organization he founded, Arizona Voice for Crime Victims, aspires "to establish a compassionate justice system in which crime victims are informed of their rights, fully understand those rights, know how to assert their rights, have a meaningful way to enforce those rights, and know how to seek immediate crisis intervention when they become victims of crime."

Such a vision of justice and compassion for victims doesn't apply, however, if the person against whom a crime was committed "is in custody for an offense" - no matter if one is even guilty of anything. A grocery store has more rights as a victim prosecuting a shoplifter than an Arizona prisoner who is raped in custody. That's the one category of person that was excluded from protection when Twist wrote the Victims Bill of Rights - prisoners.

The Victims Bill of Rights is part of our state constitution, having been approved by popular vote in 1990 to the applause of victims' rights advocates everywhere. I wasn't privy to discussions 20 years ago about the exclusion of persons in custody from the definition of "victim" while that document was being drafted. I have a hard time believing that idea came from the victims and survivors of violent crime themselves, though.

The government (especially the Attorney General's office) at the time this amendment was passed had ulterior motives - and they weren't to keep the People safe or even to be tough on crime. Quite the opposite:  the state was (and is) primarily concerned with making sure that two kinds of culprits - its institutions and agents - are exempt from being held to the same standards that other criminal perpetrators are. Twist's letter to the editor demonstrates one of the ways he and his partners in crime managed to get buy-in from the families and survivors of crime victims: by minimizing the extent of victimization in custody, and portraying victims of violence and abuse in prison as non-people who essentially deserve what they get. All of this is to render the victims and survivors  of prison violence irrelevant and invisible - which the Victims' Bill of Rights is partly intended to do.

By making prisoners exempt from the definition of victim in our state constitution, we communicate to their keepers and perpetrators (often one in the same) that individuals in custody are acceptable targets for violence, exploitation, and abuse. The ones most often violated in prison are not the hardened criminals who society thinks get what they deserve if they get raped or even killed, as Twist and his colleagues would have us think. The most victimized behind bars are actually the most vulnerable among us - the mentally ill, the developmentally and physically disabled, and those who have already endured physical and/or sexual abuse in their lifetimes.

If Mr. Twist doesn't plan to lead the effort to reduce their victimization behind bars, he should at least get out of the way of those who have been doing it for awhile - particularly the survivors. It's time to re-write the AZ Victim's Bill of Rights to include all human beings when they become targets of crime.

below: Kini Seawright, whose 26-year old son 

was murdered in Lewis prison (July 2010)

 from the opening of "Patriotic Descent"

The Firehouse Gallery, Phoenix

June 09, 2012

------from the Arizona Republic's "My Turn" page today------------

Ariz. prisons are humane, secure despite criticism

Steve Twist -

Jun. 16, 2012 12:00 AM
ARIZONA REPUBLIC
 

Prisons are an easy target for the media. The case in point is the recent series of articles in The Arizona Republic about inmate deaths in the state prison system.

The opening sentence of the series states, "Arizona's prison system has two death rows," followed by a gross mischaracterization of an "unofficial" death row where inmates die as a result of prison violence and neglect.
It compares the Arizona Department of Corrections' use of maximum security to house dangerous and violent inmates to "solitary confinement," citing the case of a woman held in a prison in Iran for 14 months who is now psychologically traumatized. There's something flagrantly malicious about using a prison experience in Iran as a comparison to an Arizona prison experience.

Having advocated for truth in sentencing, and wanting a prison system that focuses not only on the rights of inmates but also the rights of the victims of their crimes, I know firsthand that the term "solitary confinement" does not exist in the vocabulary of the Arizona Department of Corrections. DOC's practice is to employ multiple custody levels based on the nature of a crime and an inmate's assessment and behavior while in prison.

Maximum-security inmates, those who have committed brutally violent crimes, and those who have demonstrated predatory, unruly and violent behavior by being a danger to other inmates and staff, generally make up the population housed in high-security settings. No, they are not in dark isolation, deprived of human contact or anything comparable to solitary confinement. Nevertheless, these dangerous inmates are appropriately housed for the safety of the public, themselves, and other inmates and staff.

Certainly, some perspective is necessary in a discussion of the rate of inmate deaths in the Arizona prison system. In any population of 40,000, deaths will occur. Among those deaths will be a number due to serious illness, drug overdose, suicide and, tragically, even homicide.

I do not argue that those types of deaths in prisons are not proportionately higher than deaths that occur in a community with a population roughly matching that of our prison system.

But consider this: Unlike the vast majority of the people who live outside the system, a significant percentage of those who live in Arizona prisons are in poor health when they enter prison, suffering from a litany of maladies caused by years of a lack of health care and a basic understanding of taking care of oneself; drug addiction; physical abuse; and mental illness.

Moreover, prisoners frequently come from sociopathic and often violent backgrounds brought about by drugs, gang activity, or both, which have become so prevalent in our society. It is reasonable to assume that characteristics such as these are a major contributing factor in proportionately higher numbers of inmate deaths caused by illness, drug overdose, suicide or homicide.

We have a prison system in Arizona consisting of a variety of housing environments: dormitories, double-person cells, detention areas where inmates are temporarily segregated, and maximum-security single-person cells that are exclusively for problematic, dangerous inmates -- the worst of the worst. But in all cases, an inmate is able to interact with others. This includes the worst inmates, whose cells are in areas where they can speak with others in cells around them.

Critics of the Arizona Department of Corrections -- the American Civil Liberties Union, Amnesty International and inmate advocacy groups -- blindly blame maximum security as a cause of inmate deaths and want a less-restrictive environment in our prisons.

What we have now is a humane prison system that provides food and shelter, education, work programs, alcohol- and drug-addiction programs, and medical- and mental-health care that meet community standards.
Further, it is a system designed with emphasis on safety and security for inmates, staff, and, most of all, the public. Arizonans should want it no other way.

Steve Twist, a Phoenix lawyer, was chief assistant attorney general in Arizona from 1978 to 1991.

Read more: http://www.azcentral.com/arizonarepublic/opinions/articles/2012/06/13/20120613ariz-prisons-humane-secure-despite-criticism.html#ixzz1xxWBUvAw