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 homicide. Show all posts
Showing posts with label homicide. Show all posts

Sunday, February 1, 2015

The Ghosts of Doug Ducey: JANUARY 2015 State Prison Deaths

The first month of the new year was not kind to Arizona's prisoners, at least three of whom died in the first week by their own hand, and one of whom was brutally murdered. What follows are death notices for January 2015. The AZ DOC seldom updates the public with information about a cause of death unless there's a compelling demand from media for it - and all they are inclined to tell us about at times like these are their dead prisoners crimes and punishments. If you have any information on any of these individuals' lives or their deaths, or are a loved one who needs assistance, please feel free to contact me. Peggy Plews arizonaprisonwatch@gmail.com

JANUARY 2015 AZ DOC DEATHS

January 1  ASPC-Lewis       SUICIDE      Donald Condra, 51, ADC #233190

January 5  ASPC-EYMAN  SUICIDE      Bernard Stewart, 47, ADC #277366

January 5  ASPC-EYMAN  SUICIDE      Justin Reif, 24 ADC#244623

January 6  ASPC-Florence   UNK           James Haley, 50 ADC#075188

January 7 ASPC-Perryville  UNK           Carolyn Thompson, 67 ADC#038274

January 14  CACF (GEO)     UNK          Craig Aubert, 46 ADC#278241

January 19  ASP-Kingman  Homicide    Neil Early, 23, ADC #250396 



23 year old Neil Early
Murdered at ASP-Kingman, 
on a minimum security yard.

This was the AZ DOC's Director's statement about suicides on his watch after two guys killed themselves the same day, in the same prison. What I've seen is that Ryan's AZ DOC's methods of "suicide prevention" and "suicide watch" are so brutal and humiliating, with mentally ill prisoners in particular sustaining such emotional and physical abuse, that its no wonder more aren't sent home dead. This really sounds like Ryan is trying hard to look on the bright side of being mediocre ("average") about suicide prevention and response. I wouldnt find it acceptable, myself, if my own kid was inside - by not offering drug abuse treatment and mental health care where needed, Corizon is cutting corners where Ryan lets them, making a profit at the most severely impaired prisoners' expense...

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


“The Department of Corrections is dedicated to the safety and security of the general public, ADC personnel and the inmates in our custody.  Any inmate self-harm attempt is taken seriously and is thoroughly investigated.

This department has a goal of zero inmate suicides, and while one suicide is one too many, data from the federal Bureau of Justice Statistics indicate that ADC’s rate of inmate suicides was approximately 17 per 100,000 from 2001-2012 (the most recent annual data available).  This is nearly identical to the overall rate for the entire state population. 

This data also shows that in terms of prison systems, 21 states had a higher rate than Arizona, 27 had a rate below, and one has the same rate as ADC. This places Arizona’s rate in alignment with national average. 

In 2009, ADC instituted enhanced measures to address this issue. Those strategies include an integrated approach to mental health and suicide prevention that combines environmental, programmatic, operational, training and staff considerations. This begins for every inmate upon arrival at ADC where they are assessed for any mental health, medical and dental issues.

Specifically, ADC has instituted additional inmate programming to address mental health and self-esteem concerns, enhanced officer patrol procedures to ensure ongoing observation of inmates in max custody units, made facility modifications such as enlarging cell windows to increase visibility and communication between inmates and staff, modified recreational enclosures to increase group contact and promote socialization, replaced individual classroom enclosures with secure desk chairs for programming classes, and installed televisions for self-paced inmate programming.”


# # # #
INMATE DEATHS
BY YEAR AND CAUSE
Inmate Deaths by Year and Cause
*FY 2015 as of 01/05/2015
**Actual inmate population as of 01/05/2015
Includes ADC and Contract Beds
ADP – Average Daily Population (for Fiscal Year)
Cause of death figures are subject to change based on official medical examiner reports, which may be issued in a subsequent month.

Tuesday, September 23, 2014

ASPC-Winslow/Kaibab Homicide: Fabian Lozano, 26.

UPDATE 9/23/14: 

Fabian's family reports that he was strangled to death by another prisoner at ASPC-Winslow after being denied Protective Custody three times...sounds like he fought for his life to the end.

There will be a car wash to try to raise funds for Fabian's funeral expenses on Saturday, September 27 from 8am-3pm in Mesa at the corner of Mesa Drive and Broadway - there's a tire shop across from the Circle K there that will host them. Please support. He left 4 kids behind, so they can use all the help we can give them.

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

Condolences to this young man's loved ones. If anyone knows anything about Fabian's life or death, please contact me at arizonaprisonwatch@gmail.com or PO Box 20494 Phoenix, AZ 85036.

If you are Fabian's family and need help getting records from the AZ DOC or contacting an attorney familiar with suing the state, please contact me as well - I'll do what I can to help. My name is Peggy Plews. My number is 480-580-6807.

Fabian Lozano, 26

------------from the AZ DOC website---------------


ARIZONA DEPARTMENT OF CORRECTIONS

1601 W. JEFFERSON
PHOENIX, ARIZONA 85007
(602) 542-3133


JANICE K. BREWER
GOVERNOR
CHARLES L. RYAN
DIRECTOR

NEWS RELEASE
For Immediate Release

For more information contact:
Doug Nick
dnick@azcorrections.gov
Bill Lamoreaux
blamorea@azcorrections.gov
Monday, September 22, 2014


WINSLOW, (Monday September 22, 2014) – Inmate Fabian Lozano, 26, ADC #260873, was pronounced deceased on September 19, 2014.  The cause of death is under investigation.

Lozano was sentenced out of Maricopa County and was serving one and a half years in prison for aggravated assault.  He returned to ADC custody on March 7, 2014 and was housed at ASPC – Winslow.

All inmate deaths are investigated in consultation with the county medical examiner’s office.

Monday, August 18, 2014

The "execution" of Lino Flores, ASPC-EYMAN: Even supermax isn't "safe".


Another homicide at the AZ DOC, this time in the Supermax prison, ASPC-Eyman. Interestingly, according to the records below, both prisoners were both moved to their current location at Eyman on the same date, perhaps together. Also of note - the victim was Native American, while the killer is identified as Mexican American. That means this crime was intensely personal and spur-of-the-moment, or Salazar had the permission of - perhaps was under the orders of - one of the gangs to take Flores out; otherwise this might start a race war.  

How either of these two men were considered to be lower than MAX custody is a puzzle, since they had both apparently killed someone in custody before. Wow, in fact, this was Flores' case. More startling, here is one of the reports about Salazar's history: it says he actually stabbed an officer in the head in 2007 - and that was apparently before he killed someone else. And he was only close custody? Yet they bury political prisoners and the mentally ill guys who have harmed no one in solitary for years...). 

Inmate 156258

Last NameFirst NameMiddle InitialBirth Date
SALAZARJULIOC01/22/1982
GenderHeight (inches)WeightHair Color
MALE 69165BLACK
Eye ColorEthnic OriginCustody LevelInmate/Detainee
BROWNMEXICAN AMERICANCLOINMATE
SentenceAdmissionPrison Release DateMax Supervision End Date
Sentence Information Below01/23/200109/18/2035
Cur. AbscondedHist. AbscondedRelease TypeMost Recent Loc
-N---RECEIVED FROMEYMAN
Community Supervision ParoleLast MovementCommitment StatusStatus
04/30/2014COMPLETE AND VERIFIED ACTIVE
Commitment Information 2 record(s)
Commit#Sentence CountyCourt Case#Offense DateSentence StatusCrimeFelony Class
A01 MARICOPA 2000007153 04/29/2000 IMPOSED MANSLAUGHTER CL2
B01 PINAL 2007-00258 01/17/2007 IMPOSED MURDER 1ST DEGREE CL2
Sentence Information 2 record(s)

I don't know why the DOC didn't have Flores in Protective Custody - he was a target, with that sex crime conviction on his record; it looks like he murdered his rape victim. I'd really call this one a state-assisted execution, not a "murder".


Inmate 040338
Last NameFirst NameMiddle InitialBirth Date
FLORESLINO09/23/1960
GenderHeight (inches)WeightHair Color
MALE 67140BLACK
Eye ColorEthnic OriginCustody LevelInmate/Detainee
BROWNNATIVE INDIANMEDINMATE
SentenceAdmissionPrison Release DateMax Supervision End Date
Sentence Information Below11/19/1979LIFE
Cur. AbscondedHist. AbscondedRelease TypeMost Recent Loc
-N---RECEIVED FROMEYMAN
Community Supervision ParoleLast MovementCommitment StatusStatus
04/30/2014COMPLETE AND VERIFIED ACTIVE
Commitment Information 5 record(s)
Commit#Sentence CountyCourt Case#Offense DateSentence StatusCrimeFelony Class
A01 MARICOPA 0106761 04/13/1979 IMPOSED MURDER 2ND DEGREE CL3
A02 MARICOPA 0106761 04/13/1979 IMPOSED SEXUAL ASSAULT CL3
B01 PINAL 0009748 10/15/1981 IMPOSED DANG/DEADLY ASLT BY PRSNR CL1
B02 PINAL 0009748 10/15/1981 IMPOSED PRISNR POSS DEADLY WEAPON CL4
C01 PINAL 0010992 01/03/1984 IMPOSED MURDER 1ST DEGREE



Unfortunately, this man's death is not just "one less bad guy off the taxpayers back" (a comment left at the end of this AZCENTRAL.COM article below by one reader). Yet another homicide in the AZ DOC is symptomatic of the huge problem of violent gangs and thugs running the AZ Prison system under Department of Corrections director Charles Ryan (Jan Brewer's chief disciplinarian); even minor drug offenders are vulnerable to being murdered over petty debts. This victim was probably asking for some kind of protection and denied it before he was killed, and the killer was likely given no choice but to do the deed or be killed himself. That's the way it works in the AZ DOC, under the Mexican Mafia's rule. Better take a closer look at the recent suicides, too - they have a habit of strangling guys and leaving them hanging in the showers.

Due to the high rate of violence, medical neglect, and outright abuse of prisoners in the past 6 years, the AZ DOC has come to be known as the most poorly-run prison system in the country; officers and prisoners alike aren't safe in any of the state prisons, not even in Protective Custody ( where the last two homicides occurred). 

So before we celebrate this man's murder - be it because of the seriousness of his own crimes or whatever other reason one may think it represents "justice" -  think about how many lives and tax dollars are being wasted warehousing potheads with murderers in the kind of hellhole where they are more likely to develop a new heroin habit than get any kind of substance abuse treatment. We should all really be asking Jan why she still stands by her man there...



photo by Robert Haasch
art by Margaret J Plews

 the day the nazis came to town 
 (phoenix, november 2010)


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






Florence inmate death may be homicide, officials say

Authorities are investigating a suspected homicide at a state prison in Florence, according to the Arizona Department of Corrections.

Prison officials found Lino Flores unresponsive and suffering from traumatic injuries at about 2 p.m. Saturday in his cell at the Eyman prison complex, ADC spokesman Doug Nick said.

Paramedics pronounced Flores, 53, dead at the scene, Nick said. Flores was serving a life sentence for first-degree murder, second-degree murder, sexual assault, possession of a deadly weapon and assault with a deadly weapon.

Investigators are questioning fellow inmate Julio Salazar, Nick said. Salazar, 32, is serving time for first-degree murder and manslaughter.

No other information was immediately available.

Tuesday, March 18, 2014

ASPC-Lewis/Bachman Homicide in Custody: Alexander Clark, 27.

This comes from the Facebook page tonight of KPNX/CH12 Investigative Reporter Wendy HalloranThis is really, really troubling to see. If there's anyone with direct information about Alexander Clark or what happened to him, please contact Peggy at arizonaprisonwatch@gmail.com or 480-580-6807.

This occurred on a Protective Custody yard, which this prisoner had recently arrived at (1/14/14), almost one year after receiving an internal disciplinary ticket for "sexual contact"- which is probably what forced him into PC in the first place.  That's all I've really been able to discern about this incident that hasn't already been posted, in any case. 

Condolences to this young man's family; please also feel free to contact me if I can be of any help.
                         

 ------per Wendy Halloran (KPNX/CH12) as of 03/18/14 11pm---

re: 03/17/14 homicide at ASPC-LEWIS/Bachman Unit


Photo: Fight between 12 Mexican American inmates at ASPC-Lewis in Buckeye leads to homicide of inmate Alexander Clark. Here's some inside information. The Arizona Department of Corrections reports the following incident on 03/17/2014 – 2059 Hours -In the report's summary it read:  On 03/17/2014, staff initiated ICS (incident command system) when they observed approximately 12 Mexican American inmates fighting on the red recreation field. 
• Verbal directives and officer presence in the area stopped the fight.  
• TSU (tactical support unit) team members who were working at the Stiner unit responded to help control the incident. 
• Alexander Clark 208882 Mex. Amer., age 27, was transported via ambulance to West Valley Hospital in Goodyear for treatment of multiple puncture-type injuries. 
• Per the hospital doctor, Clark was pronounced deceased at 1940 hours.  
• Staff members from the CIU (criminal investigation unit)  are on-site at the unit.  
• Clark's next-of-kin were notified. 
• Ibraham Badri 208275 Mex. Amer., age 25, and Victor Irvin 260996 Mex. Amer., age 26,  were also transported to the hospital for precautionary evaluation of head trauma
Deceased was identified as: 
Alexander Clark 208882 / Custody: Medium PC
Institutional Risk: 4
Earned Release Date:  03/07/2016
Sentence Begin Date:  12/01/2005
Offense:  Armed Robbery / Kidnapping / Aggravated Assault
Fight between 12 Mexican American inmates at ASPC-Lewis in Buckeye leads to homicide of inmate Alexander Clark. Here's some inside information. The Arizona Department of Corrections reports the following incident on 03/17/2014 – 2059 Hours  
In the report's summary it read: 
On 03/17/2014, staff initiated ICS (incident command system) when they observed approximately 12 Mexican American inmates fighting on the red recreation field. 

• Verbal directives and officer presence in the area stopped the fight. 

• TSU (tactical support unit) team members who were working at the Stiner unit responded to help control the incident. 

• Alexander Clark 208882 Mex. Amer., age 27, was transported via ambulance to West Valley Hospital in Goodyear for treatment of multiple puncture-type injuries. 

• Per the hospital doctor, Clark was pronounced deceased at 1940 hours. 

• Staff members from the CIU (criminal investigation unit) are on-site at the unit. 

• Clark's next-of-kin were notified. 

• Ibraham Badri 208275 Mex. Amer., age 25, and Victor Irvin 260996 Mex. Amer., age 26, were also transported to the hospital for precautionary evaluation of head trauma

Deceased was identified as: 

Alexander Clark 208882
Custody: Medium PC
Institutional Risk: 4
Earned Release Date: 03/07/2016
Sentence Begin Date: 12/01/2005

Offense: Armed Robbery / Kidnapping / Aggravated Assault

Monday, February 3, 2014

ASPC-Florence Deaths in Custody: Marcelo Gonzalez, 25.

While Florence was still reeling from the rape and stabbing of a teacher at ASPC-Eyman late last week, another tragedy went down on Sunday, when this happened. My condolences to the family of the Marcelo Gonzalez - this must be heartbreaking. And the family of Jonathan Williams must be distraught as well, albeit grateful that he's the one who survived.





I've received hundreds of letters from prisoners in the past year about the esclaating level of violence on the yards. Even being housed in a single cell in maximum security isn't safe: if you're a target for assault, the other guys will throw hot oil, feces-tipped darts, urine, and other things at you as you're being escorted past their cells on the way to the phone, or the shower, or rec - causing some guys to just stay in their cells 24/7. Guards have all sorts of protective gear to prevent injury, but prisoners in chains generally don't.

Staying holed up doesn't always assure one's safety, though, as the guards sometimes "accidentally" pop the cell doors to let people get assaulted. In fact, I've heard from prisoners across the system that it's also not uncommon for officers to turn the other way when they know a hit is about to go down - or just take a bit longer than necessary getting there to intervene. That seems to be especially the case if the prisoner has been charged with assaulting an officer at any time along the way (the guy who survived this fight was apparently just charged with assaulting staff in October). 

I dont know how someone had the time and ability - perhaps tools - to cut through that fence and be prepared with a weapon to attack the other party, who only the guards should have known would be placed there next to him, without there being officer complicity...I've seen some guys get hurt pretty seriously by the DOC staff getting their revenge.  Though I guess it's possible that this maximum security facility in the center of prison valley would be so lax that it wouldn't take that much for one prisoner to bust through the fence keeping him contained with his bare hands.

It's also interesting that Jonathan Williams (search 222798) is Black and the other guy (search 204980) was Mexican American - usually the races take care of their own, so to speak. There are serious implications if you attack someone of another race - especially if you kill them - without the gang's or yard leader's permission - you could start a race riot that way.  

But that's really just on the lower security yards where prisoners are in dorms or share large common areas and times, like dining and recreation. It's harder to "run" a maximum security yard because everyone is in lockdown, communication and movement is restricted, staff have more control than on the lower custody yards, and so on. Florence Central is max lockdown - they subsist on no meaningful stimulation or programs and a "sedentary diet" that seems to consist mostly of sack lunches eaten alone in their cells. So a cross-racial hit like that to settle a personal grievance or one the assailant's gang or race had with the target isn't out of the question - it's just usually that the whites kill the whites and so on.

Anyway, its really hard to tell what happened here beyond what the DOC has to say (which is generally a whitewash, people). If anyone out there has first hand info on this incident, please contact me. Peggy Plews / 480-580-6807 / arizonaprisonwatch@gmail.com.

If your loved one is trying to get protective custody because they are in particular danger, by the way, access these links, and contact me.



AZ DOC Protective Custody Battles: Surviving the fight. (August 29, 2013)

AZ DOC's Protective Custody fight: tend to both body and soul. (April 12, 2013)



If you are about to enter prison and are freaking out, hit this link, then contact me.

Monday, July 1, 2013

AZ DOC Deaths in Custody: Loving Christian Frost

The Ghosts of Jan Brewer: Justice for Victims in Custody.
 AZ Attorney General's Office, PHX: Crime Victims' Rights Week (April 2013)

Once in awhile, after a prisoner dies, I hear from a loved one. This weekend I received the following email from an old friend of Christian Frost's - a correspondent of 17 years. She had just heard the news of his death, and gave me permission to share her thoughts.
 
As some of you may recall, Christian was murdered at ASPC-Tucson in February.  I believe it was on Cimarron, one of the more violently-run yards I hear from.

To Christian's family, and anyone else who's lost a loved one in the AZ DOC:  you're going to have to sue for the truth. Don't take their word for it, especially if they say "there was nothing we could do." The homicide and suicide rate in the state prisons doubled under Chuck Ryan - that means one of every two might have been prevented under a different administration. Gangs are in control of 3 and 4-level prisons - they decide if you're allowed to walk the yard; some guys have to pay "rent" just to stay alive. Guards have been paid to look the other way during beat downs, some of which get carried away. Security measures are poor and officers have complained about being silenced when they identify security lapses. Riots have broken out across the system. Heroin is flowing through the state prisons like never before; minimally adequate medical care is nearly impossible to come by; some officers are inadequately trained...there are so many problems in these prisons today that you just can't take it for granted that "nothing could be done" to prevent this knd of tragedy.

The Attorney General's office can't be trusted, either, by the way. They don't protect citizens from the state - they defend the DOC in civil rights cases. If you've lost someone unexpectedly in prison, please get your own lawyer and find out what really happened. No matter how deep your grief or how messed up your life, you only have six months to file the notice of claim against the state. Don't let them slide...there are more lives yet at stake.


Condolences to Christian's loved ones, and all those who have survived a death in custody. If anyone out there has any answers as to what happened ot this fellow, or needs help coping with such a tragedy, I can be reached at arizonaprisonwatch@gmail.com or 480-580-6807. My name is Peggy Plews.

Thanks to Rosie for sharing this email...


  The Ghosts of Jan Brewer: Justice for Victims in Custody.
 AZ Attorney General's Office, PHX: Crime Victims' Rights Week (April 2013)


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

Sat, Jun 29, 2013 at 2:11 PM

Hello Peggy,
My name is Rosie and for 17 years I have known Mr. Frost. 
We never met personally, but we always managed to keep each other updated with our lives through correspondence.

I received a letter from Christian's mother yesterday informing me of his untimely demise back in February.

It was so bittersweet to receive. I know that Christian did not have very long left until he would be released. I, myself, was planning to somehow make my way to Arizona to perhaps welcome him home to his freedom.

Peggy, I am pained, but perhaps not so much as his family is. I'm not sure if you have met with them and/or spoken with them. from the letter I received, they were desperate to get any sort of insight from me, but i have no answers for them.

I have read a little from your blog, hence where I got your email from. I read about the violence that continues within the prison and that got me a little worried. Is that what happened to Christian? Did he somehow upset other members of a group of gang that led to his death?

It was really hard to take in. I was shocked, and almost didn't believe it was true. I took to the internet to maybe find something about his situation.... and i found it all to be a very real nightmare.
 

The news reports all said the same few paragraphs; the population of readers leaving judgmental and un-feeling comments. It hurt to read, but the lenses of humanity do not far extended outside their own circle of knowledge. Let them have their cake and hope they never come across a friend or family to fall under their own mistakes, like Christian.

I finish this by saying thank you for coming to his defense. I saw that you posted some very nice comments of a few of the news sites that reported his story... because his story is definitely unique.

Christian was 21 when he made an erroneous error in judgement one nite that led to a series of events that landed him prison. It was not willful intent to ever hurt anyone, and that is the one characteristic that people fail to see: being human and having flaws. He made a huge mistake that tore him deeply apart.

He was one the best human beings I had ever known. He was branded a law-breaking inmate by the Arizona DOC, a scumbag by society, but a warm, kind soul who cared for others very intensely by myself. I need for everyone to know that- especially his family.

Thank you for your time in reading this. I did this mostly so I can remind myself of the greatness I felt in having Christian in my life. I am trying my hardest to not dwell on the way he died, but the heart he had in the way he lived.

Rosie I.

Wednesday, June 19, 2013

ASPC-Lewis: Deaths in Protective Custody: John Jones, 63.


I've been hearing, of late, that the AZ DOC Protective Custody yards are as violent as the GP yards now - this guy was just murdered in PC this week, on the Bachman Unit. 

I'm currently compiling a report on the violence in the state prisons to submit to the US DOJ and ask for their intervention in the way of a federal investigation about policies and practices since Charles Ryan took over that have resulted inthe escalating level of violence and despair at the AZ DOC. If anyone has any information about this homicide or any other act of violenc ea tthe AZ DOC,  please send it my way (Peggy Plews) at arizonaprisonwatch@gmail.com.

Here's the DOC's news release. Condolences to this prisoner's family, if there's anyone left out there for him.


 
---------------REVISED June 21, 2013-------------

received a copy of this interesting email yesterday...


From: Middle Ground Prison Reform <middlegroundprisonreform@msn.com>
Date: Tue, Jun 18, 2013 at 6:42 PM
Subject: Death of John Jones #054741: Gross Negligence?
To: Charles Ryan <cryan@azcorrections.gov>

Mr. Ryan:

I was  sorry to learn about the apparent murder of Inmate Jones at the Lewis prison.   As you know, I recently contacted you about some serious security concerns that I noted when I visited the Lewis Prison as an agent of an attorney.  You have not responded to my email on that topic.

While my observations about lapses in security at Lewis Prison and the murder of Mr. Jones may not be connected at all,  I am especially concerned about what I consider to be a lackadaisacal attitude toward security at the Lewis Prison.

Today,  I examined Mr. Jones' inmate internet record.  I note that he had several disciplinary infractions, the most recent being just a year ago (unless there are more that are not recorded on the website) which reflect that this man apparently was given disciplinary for "refusal to house."  Often, inmates who are seeking protective custody (frrom gangs, drug or gambling debts, after having snitched on another prisoner, and for many other reasons) will be denied protective custody and issued a disciplinary ticket for refusal to house (in general population).

Is this issue one that relates to the apparent homicide of Mr. Jones?  Has he been seeking protective custody but, instead, been moved to "alternative placement" with DNHW (Do Not House With) names added to his file as the "remedy"?  If so, it would seem that this method did not suffice to protect him.

How many times has this inmate requested an 805 investigation and been denied?  How many times has this inmate been placed in an 805 investigation and subsequently denied protective custody?

Please consider this a standing request to examine the public records documents (written, electronic, video and by any other means collected)  on the investigation into this man's death.  Please have your staff notify me when the records are available for my review at the Central Office.



Donna Leone Hamm, Judge (Ret.)
Director, Middle Ground Prison Reform
Criminal Justice Consultant
(480) 966-8116
MIDDLE GROUND IS ARIZONA'S PREMIER PRISONER RIGHTS AND ADVOCACY ORGANIZATION; ESTABLISHED 1983

Tuesday, April 23, 2013

The Ghosts of Jan Brewer: crime victims in custody.



National Crime Victims' Rights Week, 2013:

PLEASE REMEMBER VICTIMS IN AZ STATE CUSTODY,
and DEMAND THAT BREWER BE ACCOUNTABLE...

The Ghosts of Jan Brewer: Victims of Crime and Neglect
 in AZ Department of Corrections' Custody
 (Firehouse Gallery, Phoenix: July 2012)

I wrote the following letter to the administrator for the Arizona Department of Corrections' Victims Services programs two years ago now, with no response to it whatsoever from anyone there - not ever. The violence and despair behind bars in that time has only worsened, too.

As I explained at the time, the questions I posed were not rhetorical - I really needed help for Dana Seawright's mom. Dana was killed in July 2010 by the West Side City Crips in Lewis Prison for having a Mexican boyfriend. His mother, Kini, was devastated by his homicide, lost her job and home and was being victimized by Brewercare and the AHCCCS cuts. She tried to access victims' rights resources for crisis intervention, trauma support, and concrete emergency assistance, but her request was denied by the AZ Attorney General's office. Since her son was in custody at the time he was murdered, she was denied the victims' rights and resources other mothers of murdered children have.
 

That happened thanks to all you victims' rights advocates who helped pass the beloved 1990 Victims' Bill of Rights amendment to the AZ Constitution. It explicitly excluded prisoners from the same rights the rest of us have when raped, beaten, or locked in a cage in the desert to die. Those of you who really care about all crime victims need to look at the consequences of that decision to sell out the voiceless, and help me change the constitution before the state prisoner homicide and suicide rates double again. 

The prosecutors and peace officer unions in this state no doubt played a big role in assuring that people in custody were constitutionally deprived of the rights of victims, as well as their survivors. Few people are liekly aware that the AZ Attorney General's office, which holds the checkbook for most victims rights funds in this state, is the same entity which defends the state against wrongful death suits when mentally ill men like Shannon Palmer are castrated and murdered in state custody, or women like Marcia Powell are left dying in the sun by her guards, or when five officers stand around and videotape a young man bleeding to death without trying to offer first aid. 

It seems to be a conflict of interest for the AZ Attorney General's office to be hailed as champions of victims' rights when the most disempowered, vulnerable populations in the state - the incarcerated mentally ill, elderly, cognitively impaired, physically disabled, and "delinquent" children - aren't protected by their office. The last place many crime victims and their survivors in this state can look to for justice, in fact, is the AZ Attorney General's office.

Start talking to your legislators about this, families. And I hope all you advocates for justice start talking to the crime victims and survivors who you long since excluded from your midst. It is their exile and your indifference to their fate which makes the worst horrors of prison life all the more likely to be perpetrated on them...



SOS from Arizona's Other Death Row: 
 Victims of Crime and Neglect  in AZ Department of Corrections' Custody
 (Firehouse Gallery, Phoenix: July 2012)




-----------------
April 19, 2011

Jan Upchurch, Administrator
Office of Victims' Services
Arizona Department of Corrections
1645 W. Jefferson - MC250
Phoenix, AZ 85007


Dear Ms. Upchurch;

I am a human rights activist, artist and blogger in Phoenix, and have been researching violence and suicide in AZ state prisons over the course of the past 2 years. This has opened my eyes and brought me into considerable more contact with victims of violent crime in ADC custody and their survivors than most members of the public. Do prisoners or the family members of prisoners qualify for victims' services through your office if they/their loved ones are crime victims while imprisoned at the ADC? If not, who advocates for them when prisoners are assaulted, raped, murdered, or neglected and abused (as in the case of Marcia Powell)? Additionally, who fights for policy changes that may prevent further victimization behind bars?

Many of those I see victimized at the ADC are evidently psychiatrically or developmentally disabled, and can't advocate for safer cellmates or protective segregation, or fight abusive COs or policies effectively through the grievance process or other formal systems - which arguably gives rise to more self-injurious behavior and violence out of frustration or sheer terror, a liability even if their inability to access legitimate processes keeps down the grievances and potential lawsuits. Mentally ill prisoners don't seem to be served by either DES' Protective Services Division or the AZ Center for Disability Law when victimized in custody, either. In fact, I believe all parties I just mentioned are in direct violation of the American with Disabilities Act and/or other federal mandates, as they pertain to disabled individuals victimized in custody, regardless of the AZ constitutional limits on their rights as crime victims, per se.

Furthermore, the perpetrators of prison violence and other institutionally-based crime - be they staff or inmate - are apparently seldom street-charged or prosecuted, suggesting that neither the Criminal Investigations Unit nor county attorneys hosting prisons take an aggressive role in promoting the rights of victims in custody, which seems to just tell criminals that it's who they victimize, not what they do to others, that really matters. How does the ADC plan to rectify that?

Given what we spend to keep people locked up, prison is the one place in society where crime should be under control and victims are promptly and professionally accommodated. I see no one who prisoners or families can go to out here when violent crime befalls them in prison, though - without being charged a fee for advocacy or counseling - which means these victims are easily victimized (and perhaps criminalized) again, if you don't serve them either. Even the Attorney General won't help them - he defends the ADC.

These are pointed questions, I know, but they are not rhetorical. I imagine there may be a conflict of interest with your office, but that shouldn't preclude a third party providing those services under contract with the state, just like they do for other crime victims and their families. I need this info ASAP in order to advise people who were victimized (or survived homicides of prisoners) in ADC custody of what resources are available to them; at least one grieving mother I've heard from is living on the verge of homelessness and I'm not sure where to refer her.

I see this as a serious problem underlying the continuation of prison violence, especially against vulnerable adults, made so by the symptoms of their disabilities. James Jennings is a tragic example of someone clearly killed because of their mental illness; both Shannon Palmer and his killer, Jasper Rushing, were reportedly pleading for protection - and both somewhat psychotic - when they were celled so fatefully together. Duron Cunningham reported that he was raped and assaulted before he killed himself. The list goes on.

I plan to begin a public education campaign in the coming weeks to address the issue of victims' rights (or lack thereof, under the state constitution) in custody, particularly as they apply (or don't) to surviving family members. The ADC can hinder that effort with propaganda obscuring the victimization of prisoners, help advance the field of victims' services by exploring and answering these questions thoughtfully, or do nothing but get out of the way. I invite your office into a dialogue about it, however, as I want to believe you serve for good reason. I don't know whether protecting the state or our citizens is your primary concern, though, as I don't know you. It should not have to be mutually exclusive, but seems to be given the litigation expected to follow incidents of violent crime against persons in custody.

Taking responsibility for the harm one causes or allows to be caused to another is part of the ethos of the criminal justice system. Making amends to victims - individuals, businesses, and communities, is seen as central to any kind of restorative justice, which the State of Arizona heartily endorses, as evidenced by the practice of ordering restitution when sentencing, and penalizing offenders further for failing to meet said orders. What does the ADC practice, when it comes to their own crime victims, though? Even if prisoners have no rights as victims, what about the principle of preventing future crime by making an example of perpetrators today? Why should violent criminals be provided with such blanket permission to practice on more victims before they leave prison, where they are supposedly being punished...

...None of this bodes well for how I see the prison privatization project going: the ADC is responsible for Kingman's lack of security, ultimately, and I saw nothing in the RFPs that were put out that indicates a particular concern for victims' rights. In fact, the objective set down by the ADC of making sure that no more than 1% of grievances are ultimately upheld troubles me. Correct me if I read that wrong: it just seems like an incentive to deprive prisoners of due process rights when they are harmed, not to protect them. There's no indication that private prisons would even issue press releases about prisoner deaths or abuse, or be accountable for their health and safety to the public in any transparent way. They're harder to see into than the state prisons are, giving rise to more risk of victimization.

I'm sure that given your position, you can understand my frustration and concern over the constitutionally-diminished value of prisoner's lives and the gravity of their suffering in custody, placing their very survival secondary to the state's interests in cutting costs. It manifests toxins at every level of society, such that ugliness flows from the community into the media whenever a prisoner kills themselves - look at the "comments" after every ADC press release on a suicide. It's tragic, what has become of us since the PLRA and the victims' rights amendments to state constitutions were made exempting prisoners from fundamental protections: our entire society has devolved, and I think I can make the connections.

I also think I can make the case that both these prisoners and their families are deserving of the same constitutional guarantees given all other citizens and non-citizens alike, when it comes to their welfare. Having fought most of my life to keep my own brother out of prison and harm's way - surviving the devastating suicide of a loved one myself, in the process - I'm free to tell that part of my own story, liberating others from the shame that may keep them from telling theirs. I have been a victim of violent crime, and cope now with a mood disorder and the remnants of PTSD; not much frightens me anymore. I've embraced the mothers of ADC's homicide victims, and helped my community bury our dead; I am intimately connected to this struggle. I will not relent until I know that AZ prisoners and their loved ones are getting their needs met, not brutalized, at my expense, in my name, for the sake of my own family's illusion of "safety".

Sorry to greet you so early with this level of frankness, but you seemed like an appropriate person to bring into the conversation. I appreciate your time and what thoughts you may have. I look forward to hearing back from you or the DOC's General Counsel on this matter soon.


Sincerely,


Peggy Plews

--

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



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

- Arundhati Roy

Wednesday, April 10, 2013

Women's Day, violence, and Arizona's state prisoners...


FAMILIES: I've been hearing you. Here's my response. Feel free to download the PDF copy here, print, and send it into as many people you know in the prisons. This has been circulating for two weeks already, and the free men inside are beginning to write back...



International Women's Day 
 March 8, 2013
To the men who inhabit Arizona's state prisons...

As some of you may know, through my blogs and art for the past several years I've been challenging the escalating level of violence, deliberate indifference, and despair in Arizona's state prisons under the directorship of Charles Ryan - the man I've raged at the most in this time, and demanded accountability from. Only recently has it really sunk in that he is not – and never really was – in control of the prisons he administers. You, the prisoners are. Ryan, therefore, is not the man I need to be talking to about all this – the guys who run the gangs and the yards are. So are the people who listen to them.

And so, today, on International Woman's Day, my appeal to end the violence and transform the culture and politics of Arizona's state prisons goes to all you guys who set the tone in there. Specifically, I'm writing to ask for your help stopping the violence against women and children being perpetrated from behind prison walls.

I know that our welfare is something the gangs and yard leaders care about these days because you're putting a green light on every guy accused of committing a crime against a woman or child, among other things. Word has it that there's a “sweep of the prisons” going on right now to target those guys for assault, extortion, and murder. Based on all the calls I've received from the sisters, mothers, lovers and daughters of these men, however, the effect of this approach has been largely to victimize the women and children who love them.

I know you can't see that kind of unplanned consequence the same way I can – I get at least ten calls a week from women being directly terrorized by prison violence, which is why I've come to talk to you all myself, face to face, so to speak. I've come to amplify their voices, which I hope you care enough to hear. They want you to know that they're tired of losing their men and burying their children, and they want to know who among you has the courage to try to stop it.

If anyone has the power to, it's you.

Some people have told me I'm crazy for trying this – that I'm just making myself a target for gang violence in the process, and that your expressed concern about the welfare of women and children is nothing more than an excuse to justify more violence against us by way of attacking our families, which is no different from what the state does. If I don't ask for your help, though, who will? I learned a long time ago from my father that some things are worth taking a stand and fighting for, even if with it comes risk.

If all that is said about you guys is true, then my public critiques of prison gangs, my aggressive efforts to have you all prosecuted for your crimes against other prisoners, and the number of victims I've rescued from your clutches have already made me a target, anyway, and it's just a matter of time before you send someone after me. So be it: I'm not too hard to find, and won't live in the shadows in fear. I'm just hoping that down to the last man you realize that someday you or your family may need my help, as well, and let me express myself unharmed, so that I can still be here for you should that day ever come.

What I'm really counting on connecting with is your humanity and integrity, though, not your self-interest. I've heard from enough guys who have run with you to know that you're not all just products of your environment or driven solely by greed or fear. Most of you, I bet, don't even buy into the racist garbage that the state tries to divide and conquer you with, treating you as if you're all stupid – I know that's just how the politics break down in there. In a foxhole, under fire from a common enemy, a rival gang member may even come to count on you as a comrade and friend...you know, you're all under pretty heavy fire now, come to think of it.

What I've seen in my relationships with state prisoners is that most ofyou find ways to defy the dehumanization, and are constantly tryingto survive the world you've been exiled to without eternallycompromising your souls. I always thought you guys had some kind of code of honor, but I see so many guys who have felt the only way to live with themselves was to leave their gang behind, which brought them into conflict with other values, like loyalty. When ordered to harm someone they had no business with or be harmed themselves, they felt they were given no choice but to walk away.

I'm hopeful that with Arizona's prison gangs' apparent commitment to reduce violence against women and children now, though, there's room for dialogue about how you guys can help change the overall culture in there and stop chasing men of conscience from your ranks along with all those guys you don't want. Prisoners are the only ones with the power to starve the state from within of what it feeds on (and feeds us) to perpetrate brutality against you and your families: if you could confront and defy the misogyny, heteropatriarchy, racism, classism, and other bullshit that keeps us all down, you would be the heroes of this revolution.

Instead you risk coming off to the world as nothing more than criminal gangs whose power and creativity is limited to extorting grandmothers for a fix or a fast buck...which is the reason Arizonans are so quick to support the building of new Supermax prisons and further sentencing enhancements for men the state can so label. You have so much more power and potential than to settle for exploiting vulnerable people and their families, though.

Some prison gangs across the country have taken a second look at their ethical codes and begun to use their influence and organizational capacity to their people's advantage: calling out the prison system on abuses in custody, imposing statewide moratoriums on inter-racial violence, secretly teaching each other to read and to litigate the state themselves, and so on.

In some prison yards, loyalty and community is being built not through the imposition of prisoner-on-prisoner violence, but through informed and thoughtful struggle against your common oppressor. A fundamental value is growing for the kind of fairness and justice that the state deprives you of; men are no longer being condemned to additional punishments for the crimes that brought them to prison, much less for the unchecked narrative of what they were accused of that was written by the media and the state.

Instead, in some places men are being judged for the values they live in prison by and the skills they have to offer to their community – like teaching, jailhouse lawyering, and caring for elders and the very ill. Those are the kind of people I'd be recruiting as my brothers (and my sisters) – those who can help cultivate collective resistance to the real threat, state violence, not just those who may be good at collecting on debts until they get taken out by younger men like themselves.

Some prison gangs are making a point of finding and reaching out to young guys who can lead with integrity, instead of continuing the dynamics that encourage and empower those who seek “respect” or their own safety by hurting or killing the most vulnerable or detested prisoner they can find. I'm sorry if I offend any of you, but I'd have a real hard time trusting any of the latter to watch my back, and I wouldn't call them brothers, whatever color they were – nor would I have much respect for those whose interests they represented.

In places like Georgia and California in recent years prisoners have used cell phones and their extensive statewide communication networks to organize massive hunger strikes and labor stoppages in protest of their conditions of confinement, their “sedentary diets” and chronic hunger, and the deliberate indifference shown them by health care providers. They've circulated “illegal” petitions and staged solidarity actions with politicized prisoners in solitary confinement. They've called for an end to violence in their home communities, and for mobilization against the police state oppressing us all instead.

Some of you know that I'm a prison abolitionist – a position which causes State Power and prisoners alike to think I'm absolutely out of my mind. “Real criminals” know (better than anyone, I'm told) that some people just need to be locked away from the rest of us forever, and I'm delusional to think that will ever change.

What I advocate, however, is not just the demolition of prisons across the country – it's the deconstruction of the entire prison industrial complex and the creation of community-based, non-heirarchical mechanisms for promoting the values of collective liberation, shared power, and social justice. Anyone who truly wants a world in which there are no longer victims of war, poverty, rape, or other forms of violence should share in such a vision, because those paths are fundamentally inseparable.

Out of an ethical foundation which places humanity, not corporate profit, at the center of our worlds would naturally evolve more productive ways of not only dealing with addiction, mental illness, poverty and political resistance than chaining and caging people up, but that also confronts and stops those among us who harm others for nothing but their own gain or entertainment.

We are ingenious beyond our ability to imagine – surely we can come up with better solutions to our social problems than simply exiling our deviants and transgressors to a netherworld in which they and their families will be preyed on by sociopaths in orange, brown, and business suits alike while they serve sentences formulated to promote political careers, not further the cause of truth or justice.

Reinforcing institutions of state violence is a major problem, not a solution to our problems, in any case. The prison industrial complex is composed of entities and networks which consume valuable life energy and community resources while going to great lengths to justify their survival beyond their obsolescence. It depends on the perpetuation of many evils to keep us all in chains, both literally and figuratively with our fears and diminished expectations of each other.

All of that is to explain the main reason I've finally decided to come to you for help stemming all this violence – other than Chuck Ryan's impotence, as evidenced by his lack of solutions to gangs seizing control of his prisons other than to build more Supermax cells for you all. I don't want to spend any more of my energy trying to make the very system I'm a sworn enemy of stronger than the potential resistance to it. Abuse of state power manifests in far more egregious offenses against humanity than that which we throw so many people into prison for.

Furthermore, you fellows are the ones who have the most control over your environment and your destinies, not the AZ DOC or prison gangs, despite all the illusions to the contrary. Asking the state to quell the violence is only inviting them to invest in more guards, more cages, more tools of domination, and more weapons of repression. I won't do it anymore.

If you are men of honor – which I have taken considerable risk on the confidence that you are - and really wish to stop the violence against women and children, then exercise the control you already have and do the one thing Ryan himself can never hope to do: stop the violence that originates with you and your brothers. Only then will you and others begin to fully realize how much more power each of you have to transcend both the chains and the lies that make you think resistance to this state, and all the attendant evils of incarceration, is futile. It is not. I know this because I have met free men in prison already on this journey. They are organizing quietly among you – and they are everywhere.

If you are a free man, too, please write to me, and tell me how you think we can work together to help liberate the rest from the chains that try to bind us all – help me before their mothers, sisters and daughters are called to bury them instead.

Thanks for your time and concern for our welfare. May the women and children who love you never know the heartbreak of losing you to this madness, too.

Respectfully, 
 
Peggy Plews

Please reply to: Arizona Prison Watch / PO Box 20494 / Phoenix, AZ 85036

for good stuff about women, violence, and the prison industrial complex, see:

INCITE! Women of Color Against Violence