Showing posts with label Arpaio. Show all posts
Showing posts with label Arpaio. Show all posts

Wednesday, October 12, 2011

Arizona crime rates released (2000-2010)

I find it interesting that the rates of violent crime in Arizona have been increasing so dramatically in the past two years. Since 2009, though, the rates of felons being sent to prison for violent crimes actually dropped.  Sounds to me like either the prosecutors and judiciary have gone soft on rapists and murderers, or - more likely - the cops are just too busy raiding worksites and chasing immigrants to pay attention to solving the crimes that really matter here...that might explain the MCSO's poor performance in recent years in this respect (their murders are down, but how's their clearance rate these days?).


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



Arizona eclipses U.S. in 10-year crime dip, analysis says

by Bob Ortega - Oct. 12, 2011 12:00 AM
The Arizona Republic

Despite recent increases in the rates of murder and rape, over the past 10 years, Arizona's reported crime rate has dropped by nearly a third, according to a new analysis of FBI crime data released Tuesday by the Arizona Criminal Justice Commission.

The 32.4 percent decrease in reported crime easily outpaced the 18.9 percent nationwide drop over the same time period. The biggest single driver of Arizona's decline was a 60 percent drop in the rate of motor-vehicle thefts from 2000 to 2010.

Although the rates of most reported crimes fell more sharply than the national average over the decade, Arizona's rate for each of the seven types of crime in the FBI index remains above the national median.

The crimes tracked include four categories of violent crime (murder, rape, robbery and aggravated assault) and three property crimes (burglary, larceny theft and motor-vehicle theft).

The analysis shows that, recently, Arizona's rates of murder, rape and aggravated assault have increased.

Arizona's rate of rape, after falling for four straight years, shot up 31.9 percent from 2008 to last year. That jump led the rate to climb by 10.4 percent over the decade, even as the national rate fell by 14.1 percent.

The justice-commission report does not attribute the rise to any particular cause. But that jump in reported rapes doesn't necessarily mean there has actually been an increase in rapes, said Dean Kilpatrick, director of the National Crime Victims Research and Treatment Center, in Charleston, S.C.

Because rape is so underreported - fewer than one in five victims contacts the police, he said - a successful program to encourage victims to step forward may increase the percentage of rapes that are reported, whether the actual number of rapes is rising, falling or flat.

"If you have good rape-crisis centers, if the police are seen as giving victims a fair shake, better counseling and advocacy, you may get an increase in reporting because victims feel they'll be treated well," he said.

The Phoenix Police Department can't say why the rate is up, said Sgt. Trent Crump, a spokesman. But, he said, in recent years, the department has worked hard to improve cooperation among police, prosecutors, rape counselors and victims advocates.

"We have a forensic-nursing program now to make the examinations less stressful for victims, and we're doing everything we can do to create an environment in which victims feel comfortable coming forward," he said.

Myra Ferell-Womochil, director of community-based services for the Northland Family Help Center in Flagstaff, said the Flagstaff police also have worked hard to educate officers on how to handle sexual-assault cases.

She said education programs run across the state by Arizona's Department of Health Services that teach about consent, healthy relationships and rape prevention may be helping. And, because alcohol use is often a factor, her center has worked with bar owners to educate staff on making bars safer.

The sex-assault statutes in Arizona and most other states don't track precisely with the FBI's definition of rape as "the carnal knowledge of a female forcibly and against her will," said Phil Stevenson, the director of the commission's Statistical Analysis Center.

The FBI includes attempted rape using force or the threat of force but doesn't include sex assaults on males, statutory rape or other sex offenses. The FBI is reviewing its definition of rape and will consider changes to it this fall, according to the bureau's Criminal Justice Information Service.

Crump said that in up to 75 percent of the sexual-assault cases in Phoenix, the victim and assailant know each other. "We don't want people to automatically assume these are stranger attacks," he said. "We don't currently have a serial rapist hitting an area."

Arizona's murder rate over the 10 years fell 12.7 percent. But from 2009 to 2010, the rate increased 18.5 percent. At 6.4 murders per 100,000 people last year, Arizona's rate remained one-third higher than the national rate of 4.8 per 100,000.

Crump noted that the 2009 murder rate of five per 100,000 residents was the lowest in more than 20 years. Even the 2010 rate is lower than any year from 2000 to 2007.

Maricopa County Sheriff Joe Arpaio said that, in his jurisdiction, murders and rapes are both down so far this year compared with this point last year, with eight murders in 2011 compared with 26 up to this point in 2010.

"We had a lot of our murders in the desert. One reason in our area we're not getting so many murders is the drop in illegal immigration," he said.

The rates of aggravated assaults and robberies both fell by roughly a quarter over the decade, giving Arizona an overall drop in the rate of violent crime of more than 23 percent.

From 2009 to 2010, the rate of aggravated assaults rose 4.5 percent. Property crimes fell more sharply - 33.3 percent - led by a 30.2 percent drop in larceny theft, which includes shoplifting, pickpocketing and the theft of bicycles, and the dramatic plunge in motor-vehicle theft.

The drop in vehicle crime can be credited to a decade-old change in how the state tackled that crime, said Brian Salata, executive director of the Arizona Automobile Theft Authority. Previously, few thieves were aggressively prosecuted.

"All we were doing was knocking off low-level players and not really solving the problem," Salata said.

In 2002, Arizona's vehicle-theft rate was nearly 2 1/2 times the national average. Counties agreed to assign specially trained prosecutors to deal with vehicle-theft cases, and they began pushing harder for thieves to roll over against others in their organizations to get plea bargains, Salata said.

That made it easier to cripple theft rings and criminal cartels, he said. By requiring anyone reporting a vehicle theft to sign a sworn affidavit, cities and counties slashed cases of insurance fraud. Improvements in vehicle security also helped.

While Arizona's vehicle-theft rate was still 40.9 percent higher than the national median last year, Salata said the rate is continuing to drop this year.

Thursday, October 6, 2011

The Love Police AZ: Chalking the Police 2011

Sometimes you need just need to step back and listen when the people have something to say - especially the youth.

This awesome video was composed and put up on YouTube by thelovepolicearizona.

Thanks for sharing it with the rest of us...





Tuesday, May 17, 2011

Betrayed by Exceptional Means: The MCSO and the public trust.

 Speaking of the public trust: Former MCSO detention officer Kevin Gerster has an appearance in court WEDS morning, MAY 18, and then his trial starts next week. Meet me at the Central Courthouse at 7:30am MAY 18 with signs and chalk, if you're up and interested. We could use some support.

Back to the main story: The MCSO has got to be the most incompetent or corrupt Sheriff's office in the entire country. These people need to be prosecuted. Start at the top, too, with good old Arpaio - is he really that dumb and blind? If so, he should be removed from office due to mental defects that prevent him from functioning responsibly or consistently.

This problem of not clearing serious violent crimes has been on-going, placing the community at real risk while Arpaio spends all his time and heavy equipment chasing down unarmed, undocumented people instead (because the feds will pay to jail them by the head, whewreas we have to pay to incarcerate our real criminal citizens ourselves...see why immigration enforcement should be left to the Feds, not petty little vindictive men?

Tell me that isn't a racist agenda that trumps the priorities of assuring public safety; the evidence is pretty clear that Arpaio doesn't - and never has - understand his fundamental duties to the people as the County Sheriff. Unfortunately, the sheep who keep voting for him also don't have the least bit of a clue as to what he does or should do, since they get all their leadership and bright ideas about punishment from him.

I'd be curious how many of the exceptionally cleared cases pertain to poor, mentally ill victims who are unable to independently advocate for their rights and keep the pressure on the cops to investigate and prosecute their abusers. Having the voice of a victim in their ear tends to make prosecutors take their jobs a little more seriously than if the victim was a prisoner or just another jane doe prostitute, whom no one seems inclined to demand justice for...

At least both MCSO officers  Alan Keesee and Kevin Gerster are being charged with aggravated assault for brutalizing helpless prisoners, though - and several phoenix PD officers are facing investigations and/or prosecution for excessive force and corruption, as well as murder.

The following piece touches on a number of issues about the prisons of late, but it only scratches the surface. I can assure you this much - If I "misappropriated" nearly $100million out of my employers bank account that was dedicated to a specific cause (like inmate programs at tent city), I'd be under investigation for embezzlement, not carelessness. This is real bullshit - that man's badge should not entitle him to steal from all of us like this.

-----------from ABC15.com---------------

MCSO Speaks out about ignored sex crimes. 
ABC-15.com

PHOENIX - The Maricopa County Sheriff's Office is speaking out after an ABC15 investigation revealed their office failed to investigate hundreds of sex crime cases, many involving children.

In a statement to ABC15, MCSO concedes that investigators “re-opened over 500 sex crime cases dating back to 2005.”

The statement goes on to say, “Over of the course of the [special victims unit] audit, over 400 cases were found to be lacking in investigative efforts," and “no personnel associated with this case has been held accountable or disciplined.”

The statement also references the following:

"The current status of the IA investigation into MCSO’s SVU is in the “Findings” stage.” All personnel associated with the case have been interviewed and the case is being reviewed for all possible policy violations. If and when any policy violations for employees are “Sustained” in this case, appropriate action will be taken."

Read the full statement
 
INTERNAL AFFAIRS INVESTIGATION

An internal affairs investigation was opened after the Maricopa County Sheriff's Office received a complaint in 2008 from the city of El Mirage about dozens of child sex crimes cases that had been assigned to the MCSO special victims unit.

Prior to October of 2007, El Mirage contracted with MCSO to handle its sex crimes cases.
The complaint from El Mirage stated that 43 of the 51 cases "had not been worked at all, or had minimal follow up conducted," even though "many of the cases had known suspects" and "more than 90% of the cases had workable leads."

Most of the cases involved small children and young teens.

A Pinal County Sheriff’s Office investigation into MCSO uncovered that Chief Deputy David Hendershott shut down the special victims unit internal affairs investigation in the spring of 2009.

WHO IS SERGEANT SEAGRAVES?

Documents state the internal affairs investigation was stopped because the woman leading the unit, Sgt. Kim Seagraves, was a key witness for MCSO in two other trials and Hendershott feared the internal affairs investigation would make Seagraves appear incompetent.

“Hendershott did not want negative information about Seagraves becoming an issue … Let’s not smear her while the office is potentially going to get litigated," the documents read.
The internal affairs investigation into MCSO’s SVU was reopened in September of 2010 after Hendershott was placed on administrative leave.

The lead investigator for MCSO did identify Seagraves as the principal lead into “whether there had been misconduct, negligence or incompetence” when it came to the sex crimes unit.
One employee described the SVU as a “rat’s nest” and stated that Seagraves had “dropped the ball.”

CLEARING THE CASES BY 'EXCEPTIONAL MEANS'

“The 32 cases you shared with me, many of them involved young children, teenagers, who either they, or their parents, made reports and nothing was ever done," said criminologist Cassia Spohn. "Presumably there are individuals who have committed heinous crimes and have not been brought to justice.”

Spohn is a professor at ASU’s Criminology and Criminal Justice Department who is currently researching how law enforcement clears sexual assault cases.

“I think the most egregious fact is that it seems clear that the Sheriff's department simply did not take these cases seriously, they did not do an investigation. It’s not that they didn't do a thorough investigation, it appears that they did not investigate these crimes at all and that to me is a miscarriage of justice.”

We showed her the documents, including a paragraph where an employee tells a Pinal County Sheriff’s Office investigator that Sgt. Seagraves lessened her case load by clearing the cases by "exceptional means".

"Many of the cases were just exceptionally cleared, and she just went ahead and signed off on them and certainly, what she did is she lessened the case load down to something that was at least acceptable to Captain Whitney. And therein lies the problem," Spohn said. "Apparently, many of the cases that were cleared or exceptionally cleared, were the ones that needed to be worked and just hadn’t been worked ... she sent out the directive and the email is pretty clear that, if the cases can’t be worked, you know, let’s clear them up, let’s inactive them, at least at this point and time, if there’s no more leads to follow up on.”

Law enforcement can clear or close a case in two ways: by arrest or by exceptional means.
The FBI’s Uniform Crime Reporting Program outlines the four specific criteria needed to justify using an “exceptional clearance” of a case.

MCSO spokeswoman Lisa Allen told me that MCSO does follow the FBI’s Uniform Crime Reporting guidelines.

She said whether or not Seagraves, or any other MCSO employee, ignored those guidelines is something that is the subject of the current Internal Affairs investigation into the Special Victims Unit.

The four criteria needed to clear a case by exceptional means include gathering enough evidence to charge someone, but there has to be a major reason why they can't arrest the person.


Spohn explained, “The police have to have an identified suspect, they need to know where the suspect is so they can go and get the suspect to arrest him, there has to be sufficient evidence to support making an arrest, filing charges, and turning the suspect over to the court for prosecution, but there has to be something beyond the control of law enforcement that precludes them from making an arrest.”


Common examples include situations where the suspect has died, cannot be extradited from another jurisdiction or is in jail for something else.


“It would be something that is not used with any degree of frequency,” explained Spohn. “The important point to emphasize is that in order to exceptionally clear a case the police must conduct a thorough investigation. That’s very clear in the uniform crime handbook. It actually says if after a thorough investigation, if a law enforcement agency determines that an arrest cannot be made for the reasons that are specified in the handbook, then they can exceptionally clear the case.”


One employee told investigators that Seagraves used the exceptional clearance to simply “lessen the case load” for her unit.


He also stated that, "many of the cases that were exceptionally cleared were the ones that needed to be worked and just hadn't been worked."

Spohn told us, “If in fact the head of the Special Victims Unit ordered detectives to exceptionally clear cases that had not been investigated, that clearly was an abuse of power.”

On Monday morning, FBI spokesman Bill Carter told me they group "cleared by arrest" in the same category as "cleared by exception".


“Because the assumption is that most of those cases are going to be arrests and that exceptional clearances are just going to be, exceptional,” explained Spohn.


Spohn said that means Seagraves’ actions would make it appear as if they’ve solved many of the cases they never even investigated.


“I think they have an obligation to the victims and their families to investigate these crimes. These are serious crimes. Children, teenagers, women have been harmed by these crimes and the individuals who committed these crimes have not been brought to justice and that's not the way the system ought to work.”


Spohn also said of the specific cases we showed her, “clearly these suspects should have been arrested. They were identified and they either admitted the crime or there was probable cause they committed the crime, the police should have made an arrest. They should have cleared the case by arrest and not by exceptional means.”


SEAGRAVES PRAISED AND PROMOTED

Sgt. Seagraves was promoted to Lieutenant in 2008.


In March of 2008, Seagraves married Terry Young who at the time was Deputy Chief of Internal Affairs.


The ABC15 Investigators obtained her personnel file.


Seagraves was never disciplined for how she managed MCSO’s Special Victims Unit. In fact, she received glowing recommendations for her work.


This includes the time period of April 2007 to April of 2008 when she was head of the SVU.

Her bosses said that, "Sergeant Seagraves does an outstanding job multi-tasking."


The evaluation stated that “her work product as well as the supervision of her subordinates is very thorough and complete…” and that “her performance is nothing but highly commendable.”


In the spring of 2009, around the time when Hendershott closed the internal affairs investigation that had singled Seagraves out as an investigative lead into the mismanagement of the Special Victims Unit, Seagraves received the “Chief’s Award for Outstanding Service.”


VICTIM ADVOCATE SADDENED AND DISAPPOINTED

“What is the accountability when sex crimes cases are ignored?" asked Elizabeth Ditlevson of the Arizona Coalition Against Domestic Violence.


She also read through the documents and said she was both saddened and disappointed.

“A thought for the detectives is to remember why they do this work; to protect the public.”

MCSO former Chief Deputy David Hendershott closed the Internal Affairs investigation into their Special Victims Unit in the spring of 2009.


It was re-opened in September 2010 after he was placed on administrative leave.


It’s been eight months and according to their written statement, they are still reviewing the matter.


MCSO said Seagraves cannot comment due to that investigation.

Allen told me they are looking into how many arrests were made after they reopened hundreds of cases for further review.


The Sheriff declined an on-camera interview request.


Ditlevson said, “I think one of the big questions is where are the victims, where are the perpetrators, what is happening and what's going to be done to try and resolve this problem at this point? I think another question I have is what is MCSO going to do, to change in their system so this doesn't happen again?”


They are the same questions we will continue to ask of MCSO.

Tuesday, April 26, 2011

Seawright homicide; MI "offenders"; and Officer Keesee charged with assault.




I asked Maricopa County Attorney Bill Montgomery about this tonight - looks like I fell behind on that one. He's already charged former detention officer Alan Keesee with assaulting William Franklin Hughes, III last fall, in the psychiatric wing of the Lower Buckeye Jail, in a tag team attack on the bound prisoner with officer Kevin Gerster.

In fact, as you can see from the calendar below, he did so over a month ago. Can't believe it's almost time for the May Day Rally already, and this is the first time I've checked up on that in so long.


Keesee just had a preliminary hearing today - check here for updated minutes. Be at his future dates if you can, and write about it for the rest of us. I'm just starting to discover I can't be everywhere at once anymore...


Thank you Mr. Montgomery.


Thanking a pr
osecutor may seem like a funny thing for an abolitionist to do, I know. Remember that I'm just another traveler on this journey, though - not the guru. I don't know yet what restorative or transformative justice looks like for people in uniform who abuse the vulnerable like that - at this point, I'm reserving a few cells for them.

Those men betrayed all of us when they assaulted William - anyone's child or brother or mother could have been him, dragged off to jail instead of the hospital in a disorganized, confused mental state, be it due to a psychiatric or developmental disability, Alzheimer's, or a brain tumor. Such abuse of power is among the worst kinds of crimes, I believe; unfortunately, our state constitution assures that victims like William - and like Marcia Powell - are the least protected. We need to change that, folks...

Mr. Montgomery had some interesting remarks at last night's meeting, which I'll report more on soon. I was mainly grateful that he recognizes that too many folks with serious mental illness are ending up in the criminal justice system who could have been successfully treated in the community, if we put more of our resources at the front end - in mental health, rather than the back end - in the prisons. The police officers discussing the specially-trained crisis-intervention units that divert people with mental illness from the CJ system at their level (where it needs most to be happening) argued that the program demonstrated an increase in participant involvement in outpatient mental health services among high-risk homeless adults, and a decrease in criminal activity.

Unfortunately, while the police arm of the effort is still fully operational, the agencies providing the community support staff it depends on have been hit by cuts, so nighttime outreach isn't wha
t it needs to be. The trick is how to redistribute all these resources when the AZ Department of Corrections maintains an investment in maintaining their own status, power, and funding. The whole CJ system as currently designed reinforces the perpetuation of the status quo, when "public safety" is positioned first and foremost in the dialogue as the state's primary responsibility to the people - and is put out there as a police matter.

In fact, the public welfare depends on education, health care, inpatient psychiatric treatment options, affordable housing, and a range of supports being available at the community level to meaningfully decrease the incidence of crime and victimization. Those are always the first to go in economic downturns, though - not because we don't have the resources, but because we're driven by fear and defer to the "experts" in power in our collective decision-making, instead of allowing our public policy to be crafted by both our values and non-partisan research, based on principles of evidence-based practice...

Anyway, thank you, Mr. Montgomery, for so graciously letting me know that you're already on top of prosecuting some of these abuses of power in the Maricopa County Sheriff's Office. If you drop his office a line this week, please let them know the community appreciates seeing things head in that direction. Their contact info is:



Maricopa County Attorney's Office
301 W. Jefferson St.

Phoenix, AZ 85003



The number for victims' services (the public seems to be a legitimate victim in this case) is
(602) 506-8522.

Let your voices be heard on this, since William doesn't have the right to have his heard by the court, under the AZ Constitution...then give your legislators a piece of your mind about what changes need to be made in the Arizona Revised Statutes to keep us all safe from the likes of Gerster, Keesee, and Arpaio. Send hard copies to legislators - if you have a personal connection to this issue, hand write it - those kinds of letters have the most impact. Their address is:



AZ State Legislature
1700 W. Washington St.

Phoenix, AZ 85007

602) 926-3559 (Leg INFO LINE)


Make sure to cc your letters to Cecil Ash, Chair of the AZ House Health and Human Services Committee. Ask for him to convene legislative hearings on the AZ Department of Correction's deaths due to prison violence, suicide, and medical neglect, while you're at it.

Mr. Montgomery said he'd explain after the meeting why these officers aren't being charged with higher level felonies under
the vulnerable adult statute for the assault on William while he was in the psychiatric wing in handcuffs and shackles (how much more vulnerable can a person be?).

I had to leave early, though, with the mother of prison homicide victim, Dana Seawright, so will follow-up on that issue in a separate post. Dana's mom, Kini Seawright, had the chance to confront ADC Director Chuck Ryan with her grief during the Roundtable - he was in the audience when she stood and told her story.


We thought he was going to flee the scene at first, because he saw us chalking the walk out front and headed back to the parking lot, but he returned and toughed it out: he's either more bra
ve or more heartless than I thought. More on that in a later post, too.


Kini will be speaking about her experience as both an ex-felon and the mother of a prison homicide victim at the May Day Rally this weekend at Margaret T. Hance Park, somewhere around 1:30pm.

Thursday, December 23, 2010

Kevin Gerster's Arraignment





I made it down to the Maricopa County Courthouse this morning where Kevin Gerster was arraigned. The courtroom was late opening up, though, and there were 67 people on the morning's docket - the first half of whom were in custody and appearing from jail via video-camera. It was interesting to see that the only defendant not being represented by a public defender of some kind was Gerster - who is being very well-represented, no doubt, by David Cantor.

Before court commenced, the prosecuting attorney asked if any victims were present. None stepped forward, so I got up and introduced myself as representing the interests of families of people with serious mental illness, explaining that I was there to observe Gerster's indictment. I don't know if she was aware of my communication with Maricopa County Attorney Bill Montgomery or not, but she seemed somewhat annoyed with that, saying "it is what it is," then turned back to her table, effectively dismissing me.

Gerster entered the courtroom when I did, along with 3 companions - one of whom looked like he could be his brother. While hanging out in the lobby before the doors opened, Gerster looked relaxed, chatting and even laughing aloud with his lawyer. All I could think of was him assaulting those two mentally impaired, physically restrained prisoners for what appeared to be no reason but sadistic pleasure, and how much I wanted to see that guy sweating this out in chains and stripes with a court-appointed attorney, instead. That's not very abolitionist of me, I must confess, but honest.

As court commenced and Commissioner Lynch began to work his way through the prisoners in the order they were listed, I thought I was in for another hour or so, and ran out to drop more change in my meter. Big mistake. Needless to say, by the time I made it back through security and up to the 8th floor of the East Court House, Gerster was done and gone. No surprise, I guess - since his attorney was there only for him, my bet is that the judge called him up soon after I stepped out so Cantor could make it to his next appearance.

Privilege has its perks.

Fortunately KPHO was paying attention. Gerster plead "not guilty" to all charges and it was probably over in less than 2 minutes. He isn't due in court again until his pretrial conference on February 10 at 8:15am.

I'll post any updates here, but there likely won't be much more news on him unless the MCAO decides to drop one or more charges. I've decided to place a widget near the top of this page, too, with upcoming court dates of interest - a lot of cops here are criminals, it seems. This could drag on for a year before there's any trial or resolution, so I'll take more responsibility for organizing people to attend hearings.


William Hughes, one of Gerster's victims, is better-represented now, by the way - I believe through the Homeless Legal Assistance Project, where Craig Logdson mentors law students, and Ian Fischer is also somehow affiliated with. They appear to have sprung him even though he's facing a Rule 11 competency hearing in January. I don't know his current circumstances, but at least the kid won't spend Christmas in Joe Arpaio's cold, abusive jail. Frankly, I think his judge should just throw the charges out now and let him get on with his life; that guy has already endured enough.


No news on when/if William's other assailant, Alan Keesee, will be prosecuted. Millions of people have probably viewed that video by now, but as far as I know they're still "investigating" - and he's still on "paid administrative leave" (i.e. extended vacation).

Monday, December 6, 2010

MCSO Abuse of Vulnerable Adults and the Rule of Law


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

That law being Arizona Revised Statute 13-3623, which is supposed to protect children and vulnerable adults from abuse...



William Franklin Hughes III

I did a little research on MCSO detention officers Gerster's and Keesee's victim, William Franklin Hughes III. He was arrested on a couple of different occasions in October for things like criminal damage, disorderly conduct, and indecent exposure. He had only one other prior, according to court records - a charge for possession of marijuana two years ago, for which he did probation.



This is the mugshot of a "vulnerable adult,"
one who wasn't even yet found competent to stand trial


Looking at William's mugshot (directly above), it actually appears he may have been roughed up during one of those recent arrests, but the big smile on his face - and the judges' November 9 order that he have a Rule 11 (competency) hearing - suggests that he is indeed mentally impaired. His attorney appears to have tried to get him released from jail that same day - just before the assault - but the judge denied the motion.


In any event, William was a pre-trial detainee, not a criminal serving a jail sentence, for those of you to whom that matters. He was a nuisance, perhaps, but there's no evidence he posed a real threat to anyone except himself. I suspect that the only reason the judge kept him in jail was because she thought he would be safe there, and might otherwise get in trouble again back out on the street.


Too bad no one with the power to do so decided to protect him in a psychiatric hospital instead.



Some of the news accounts I've read of Gerster and Keesee's assault on William suggest that just before Gerster jumped up on the table and stepped on his neck, the other officers had bent him over the table preparing to remove his handcuffs. Whether or not that was the case, Gerster clearly assaulted a prisoner who was not only restrained but also subdued.

It was also reported that Gerster assaulted William a third time, slamming his head up against the wall out of the view of cameras once he got him into his cell. That left the poor kid not only traumatized but also bruised and bleeding. Even so, the jail staff didn't see fit to get him any medical attention. The guys who were holding William as Gerster repeatedly assaulted him - with the help of Keesee - didn't even try to protect him.



I keep looking at his photos and wondering if they weren't giving him such a hard time because he was smiling or laughing at them. That's just what a lot of mentally disabled people do.




This is an abuser's mugshot...


The excuses Arpaio's new right-hand man, Jerry Sheridan, makes for why they didn't already nail Gerster for breaking another mentally ill prisoner's jaw in June are pathetic: if that was an officer who was assaulted, they would have arrested him within 24 hours - and neither William nor the couple that Gerster's friend attacked (with his help) would have ended up getting hurt by him.


As I see it, that guy's responsible for 3 counts of assault against William, one against Michael Flores (who was naked in 4-point restraints when Gerster attacked him), and conspiracy to to do great bodily harm to his buddy's ex-wife and the former prisoner she was dating (what did he think that guy was going to do with the address he illegally provided him with? Deliver flowers?). Those are all violent crimes - which sure makes him look like a repeat offender.
I don't know how it is that he's out on bond in less than 24 hours, when William apparently didn't even have that option and he didn't hurt a soul.


What turns my stomach the most is that both Gerster and Keesee were responsible for taking care of mentally impaired prisoners - and you know these weren't the only times they abused them, by how casual and public they were about it. It seems like it was just a fluke that they got reported. The fact that they seemed to think they could get away with it indefinitely, even though they had to know they were on candid camera, is pretty disturbing.


Looking at how often staff in the MCSO jails have outright killed prisoners and faced no criminal consequences explains a lot, though. Arizona's big, bad tough-on-crime politicians are always saying that we need to "make an example of criminals", or everyone else with think they can get away with it too. Where were they when the Maricopa County Attorney decided not to prosecute anyone from the Arizona Department of Corrections for Marcia Powell's death?

And where were our representatives and public officials for all of Arpaio's victims of abuse and neglect? I don't recall them demanding that anyone be held accountable for Charles Agster, Scott Norberg, Juan Mendoza Farias, the unborn child of Michelle McCollum, Jose Rodriguez, Steve Cervantes, Jefferson Davis McGee, Eric Vogel, Matthew Creamer, Lance Hawthorne, Clint Yarborough, Kevin Holschlag, Brian Crenshaw...the list goes on and on. What could possibly be taking the feds so long, anyway?


Maybe I missed something, but in all those stories about the MCSO jails I haven't found one case of someone being held criminally responsible for their abuse or neglect.
They murder people in there and get a pass every time. Yet if one of us gets shoved into a police horse during a protest, we're charged with assaulting an officer (even if it was a cop who did the pushing). If the banner we carry bumps someone with a badge and a gun in the midst of a panicking crowd, we face ten years in prison for accosting a public servant with a "deadly weapon" (ironically, that all really happened at an anti-Arpaio demonstration).


And where are those tough-on-crime, big-on-victims'-rights lawmakers and enforcers now, for all those sick, troubled, and despairing prisoners being abused in the custody of the MCSO? Too many of them are busy defending Arpaio's kind of "justice" instead of protecting his victims. Read some of those stories, and tell me how anyone with any ethical foundation at all can justify Arpaio's rule of law. I'm a citizen of this state, a tax-payer, a part of the public that the MCSO is sworn to protect and defend, and I can't help but wonder: what if my brother was in their hands? What if it was me?


What a sad thing it is to fear that someone I love is more likely to get hurt by the police in this state than by almost anyone else they encounter on the street.


It angers me that after all those tragedies - horrible traumas and deaths in his care - Arpaio still makes his devaluation of his prisoners' lives and welfare a point of pride. It's no wonder Flores and William Hughes were assaulted while fully restrained. The "tough" leadership at the MCSO provides a model for officers like Gerster and Keesee to emulate. Tough indeed: only bullies and cowards gang up on and brutalize people in chains, then pat each other on the back for being such brave and noble public servants.
Those men are criminals of the worst kind - the kind empowered by the public's trust.


Most disturbing of all is that sadists like Joe Arpaio constantly get re-elected here, despite their long history of abusing both their power and the people. That tells me there's a real soul-sickness in this place that runs deeper than the state government and the MCSO.


Arizona law - if we are indeed abiding by the almighty "rule of law" in this state - provides extra protection for mentally disabled adults from abuse, yet it doesn't appear as if anyone has the intention of invoking it to protect the people getting brutalized the most. I think those who care about vulnerable adults need to ask Mr. Montgomery at the Maricopa County Attorney's Office why Kevin Gerster and Alan Keesee aren't being prosecuted for class 2 felonies
(dangerous offenses). While you're at it, ask why those officers who were present and failed to protect their mentally ill prisoners from abuse aren't being prosecuted for class 6 felonies (also dangerous offenses) - under the statute below.


For those of you who missed the elections, "Bill Montgomery was elected Maricopa County Attorney in 2010 on a pledge to fight crime, honor victims’ rights, and protect and strengthen our community.
" He was supported wholeheartedly by Joe Arpaio, but let's hold him to the letter of the MCAO creed to "ensure justice for all", anyway. He might just come through for us. If not, then I think we should head for the U.S. District Attorney's office and demand that they charge our rogue local lawmen for federal civil rights violations in criminal court. Otherwise, this abuse won't ever end...

“The power that accompanies a police officer’s badge does not give the officer the right to violate the civil rights of those in his or her custody. The Justice Department will aggressively prosecute any officer who abuses their power and violates the public trust in this way."

Thomas E. Perez
Assistant Attorney General, Civil Rights Division

(on the November 2010 sentencing of former Baltimore officer Gregory Mussmacher to five years in federal prison for assaulting a prisoner)


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



13-3623. Child or vulnerable adult abuse; emotional abuse; classification; exceptions; definitions


A. Under circumstances likely to produce death or serious physical injury, any person who causes a child or vulnerable adult to suffer physical injury or, having the care or custody of a child or vulnerable adult, who causes or permits the person or health of the child or vulnerable adult to be injured or who causes or permits a child or vulnerable adult to be placed in a situation where the person or health of the child or vulnerable adult is endangered is guilty of an offense as follows:

1. If done intentionally or knowingly, the offense is a class 2 felony and if the victim is under fifteen years of age it is punishable pursuant to section 13-705.

2. If done recklessly, the offense is a class 3 felony.

3. If done with criminal negligence, the offense is a class 4 felony.

B. Under circumstances other than those likely to produce death or serious physical injury to a child or vulnerable adult, any person who causes a child or vulnerable adult to suffer physical injury or abuse or, having the care or custody of a child or vulnerable adult, who causes or permits the person or health of the child or vulnerable adult to be injured or who causes or permits a child or vulnerable adult to be placed in a situation where the person or health of the child or vulnerable adult is endangered is guilty of an offense as follows:

1. If done intentionally or knowingly, the offense is a class 4 felony.

2. If done recklessly, the offense is a class 5 felony.

3. If done with criminal negligence, the offense is a class 6 felony.

C. For the purposes of subsections A and B of this section, the terms endangered and abuse include but are not limited to circumstances in which a child or vulnerable adult is permitted to enter or remain in any structure or vehicle in which volatile, toxic or flammable chemicals are found or equipment is possessed by any person for the purpose of manufacturing a dangerous drug in violation of section 13-3407, subsection A, paragraph 3 or 4. Notwithstanding any other provision of this section, a violation committed under the circumstances described in this subsection does not require that a person have care or custody of the child or vulnerable adult.

D. A person who intentionally or knowingly engages in emotional abuse of a vulnerable adult who is a patient or resident in any setting in which health care, health-related services or assistance with one or more of the activities of daily living is provided or, having the care or custody of a vulnerable adult, who intentionally or knowingly subjects or permits the vulnerable adult to be subjected to emotional abuse is guilty of a class 6 felony.

E. This section does not apply to:

1. A health care provider as defined in section 36-3201 who permits a patient to die or the patient's condition to deteriorate by not providing health care if that patient refuses that care directly or indirectly through a health care directive as defined in section 36-3201, through a surrogate pursuant to section 36-3231 or through a court appointed guardian as provided for in title 14, chapter 5, article 3.

2. A vulnerable adult who is being furnished spiritual treatment through prayer alone and who would not otherwise be considered to be abused, neglected or endangered if medical treatment were being furnished.

F. For the purposes of this section:

1. "Abuse", when used in reference to a child, means abuse as defined in section 8-201, except for those acts in the definition that are declared unlawful by another statute of this title and, when used in reference to a vulnerable adult, means:

(a) Intentional infliction of physical harm.

(b) Injury caused by criminally negligent acts or omissions.

(c) Unlawful imprisonment, as described in section 13-1303.

(d) Sexual abuse or sexual assault.

2. "Child" means an individual who is under eighteen years of age.

3. "Emotional abuse" means a pattern of ridiculing or demeaning a vulnerable adult, making derogatory remarks to a vulnerable adult, verbally harassing a vulnerable adult or threatening to inflict physical or emotional harm on a vulnerable adult.

4. "Physical injury" means the impairment of physical condition and includes any skin bruising, pressure sores, bleeding, failure to thrive, malnutrition, dehydration, burns, fracture of any bone, subdural hematoma, soft tissue swelling, injury to any internal organ or any physical condition that imperils health or welfare.

5. "Serious physical injury" means physical injury that creates a reasonable risk of death or that causes serious or permanent disfigurement, serious impairment of health or loss or protracted impairment of the function of any bodily organ or limb.

6. "Vulnerable adult" means an individual who is eighteen years of age or older and who is unable to protect himself from abuse, neglect or exploitation by others because of a mental or physical impairment.

Thursday, December 2, 2010

MCSO: Prisoner Civil Rights Complaints.

The guy quoted below (in bold red) about how "seriously" the MCSO takes these assaults on prisoners is presumably Jerry Sheridan, the Chief Custody Officer for the Maricopa County's jails. Let me just remind folks that when the MCSO convened their grand press conference Monday to release the video and announce Gerster's arrest, Sheridan seemed to explain his officers' conduct by saying that the victim of Gerster's first recorded assault (the mentally ill guy strapped down in 4-point restraints who got his jaw broken) "was probably mouthing off."

I don't think that was part of the planned press release - that's just what comes out of those guys naturally whenever they open their mouths. I hope all the MCSO's victims catch that and make a point of putting these administrators - and Arpaio - on their federal civil rights' complaints, since they've created a climate in which "mouthing off" at guards justifies violent retaliation against helpless, mentally disabled prisoners.

If you've been a victim of the MCSO while in their custody, here's the form you need to fill out to make a civil rights complaint, with instructions (here and here are a couple of jailhouse layer guides, too). If you're still in custody, don't let that stop you - the courts will be accommodating. Just make sure that you read the directions carefully and follow them. A lot of otherwise sound cases get thrown out because people don't follow the right format, name the right defendants, or go through the internal grievance process available to them.

Also, below is contact info for the folks at the Department of Justice to contact in support of a CRIPA Investigation (Civil Rights for Institutionalized Persons), if you have evidence of a pattern/practice of abuse/neglect of prisoners in any law enforcement agency's custody. I believe they're already on to Arpaio and his Klan at the jails (at least the ACLU has been working it) - give them more evidence anyway. And please feed them stuff about the state prisons - or email me and I'll send it on its way.

Since these big tough men who are supposed to be defending our constitution and safety will no doubt be whining to the press that the Obama administration is just picking on them because of politics, let local media know why you filed a civil rights complaint or contacted the DOJ, that you're ordinary people from Arizona, not politicians from Washington, and that it's all about them violating human rights and abusing the public trust
. If they ever really practiced what they preached, they'd suck it up and take responsibility for their own behavior.

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

US Department of Justice

Special Litigation Section

Mailing Address

Special Litigation Section
950 Pennsylvania Avenue, NW, PHB
Washington, D.C. 20530
For FEDEX: 601 D Street, NW, Washington, DC 20004

Telephone Number
toll-free at (877) 218-5228

Fax Numbers
(202) 514-0212
(202) 514-6273

Chief

Jonathan M. Smith

And this is the Judge who ordered Arpaio to get it together and clean up the jails. Let him know if he's doing his job or not:

HONORABLE NEIL V. WAKE
United States District Court
Sandra Day O’Connor U.S. Courthouse, Suite 524
401 West Washington Street, SPC 52
Phoenix, AZ 85003
Phone: (602) 322-7640

No more appeals, Arpaio!

http://www.courthousenews.com/2010/10/14/31060.htm

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Accused Detention Officer Resigns from Job

Fox News Updated: Thursday, 02 Dec 2010, 7:23 PM MST

PHOENIX - The Maricopa County Sheriff's Office said Thursday that detention officer Kevin Gerster resigned on Wednesday following his arrest earlier in the week on aggravated assault charges.

A jail surveillance video shows the former Arizona detention officer stepping on the neck of an inmate who was restrained and bent over a table.

The video shows the inmate, William Hughes, handcuffed behind his back, bent over a table, and surrounded by three officers. Gerster walks up to the men, gets on the table and steps on Hughes' neck.

The video of the assault also shows the officer later punching Hughes in the back of the head four times and kicking him in the leg once. Investigators also said they believe he slammed Hughes' head up against a wall in his jail cell, although there is no video evidence of that.

Sheridan said Hughes did not require medical treatment and didn't have any apparent neck injuries, although he had some bruising and a cut on his forehead, which investigators believe happened in his jail cell.

Gerster posted a $36,000 secured appearance bond Tuesday after he was booked into jail on aggravated assault charges stemming from Hughes' assault and from a June incident, which was uncovered during the recent investigation.

In a June video also released to the media, Gerster is shown punching inmate Michael Flores in the jaw.

Gerster also faces charges of accessing criminal history and one count of computer tampering. The sheriff's office said Gerster looked up the address of an ex-inmate for his friend, whose ex-wife was dating the inmate and who allegedly assaulted the two with a box cutter after getting the address from Gerster.

Another officer, Alan Keesee, who is shown in the November video slamming Hughes' head against the table, was not arrested, but the sheriff's office recommended he also be charged with aggravated assault.

Sheridan said the sheriff's office decided to release the video to the public because he and Sheriff Joe Arpaio "took it very seriously."

"We were upset with the actions of both these officers and we quickly initiated a criminal investigation," he said.

Tuesday, November 30, 2010

MCSO Brutality and Sunbelt Justice: getting what we "deserve"?

Maricopa County Sheriff's Office detention officer Kevin Gerster, seen in video in the previous post assaulting already-restrained mentally ill prisoners made his $36,000 bond and is out of jail already.

Bet he didn't get cuffed, shackled, bagged and beaten by our beloved defenders of public trust and safety during his brief stay. His jaw probably wasn't broken by some thug with a badge while he was in 4-point restraints in the jail's psychiatric wing. I doubt anyone will be sending an armed intruder to his home to slice up him and his loved ones, either. He's actually pretty fortunate that most of us don't endorse his brand of "justice", and that the cyber-bullies who applauded him following the news articles about his crimes are all just as cowardly as he is.

Gerster's next court appearance is (Rescheduled for an unknown time and place - check for court records on both him and Keesee here, once they're posted, or call the criminal court office at 602-506-8575 if you don't find anything). Anyone who cares about real justice should be there to make sure that not only the cops, but also the courts and prosecutors are held accountable, too.

No word yet on when his colleague, officer Alan Keesee, will be arrested and arraigned. It does not appear as if any of the officers who witnessed the assaults and did nothing (or even those who helped restrain the victims) are being charged. Nor is any of the MCSO leadership, of course.

During his press conference about Gerster's arrest Arpaio seems to justify that conduct by stating "being a detention officer is a difficult job". The Lower Buckeye Jail's chief of custody, Jerry Sheridan, goes on to attribute the assault of the most recent victim to him "mouthing off".
I don't believe there's ever a case in which violence is justified by mere insult - especially coming from a mentally ill person already bound in chains - but for some reason law enforcement officers seem particularly inclined to think it does.

The Maricopa County Sheriff Office's history of human rights' abuses suggests that Officer Gerster's disposition to repeatedly assault helpless people was fostered by his boss and the workplace culture Arpaio has cultivated there. Savagery and criminal misconduct by law enforcement agents of the MCSO is a well-established pattern and practice - one which this state's deluded electorate sadly seems to embrace.

For those of you who missed it, the PHX New Times did a thorough investigation in 2007 of how the MCSO treats prisoners: Inhumanity Has a Price. Read it and weep. I did. As of the time that article was written, the Maricopa County jails - under Arpaio - had already killed 11 prisoners in as many years as a direct result of violating their constitutional rights. For all you right-to-lifers who think the jails just house rapists and murderers who "deserve whatever they get": the death toll included the unborn child of a woman who hadn't even been convicted of anything yet.

By contrast, according to the MCSO website page dedicated to their fallen officers, "In the Line of Duty", since 1994 two officers died in car accidents and one died by gunshot. To hear the rhetoric that keeps justifying the massive build up of weaponry, the round-ups of "criminal aliens", and the brutality they display towards all those dangerous characters they throw in the local lock-up, you'd think the deputies were being slaughtered out there. According to the Goldwater Institute, Arpaio and his crew aren't even going after the real bad guys, though. It's actually the rest of the public that's in danger of getting killed by the MCSO.

Sunbelt Justice in the title of this post, by the way, is a reference to a very worthwhile read about crime and punishment in Arizona. Pick it up before the next legislative session, and recommend it to State Senator Ron Gould, the new chair of the AZ Senate Judiciary Committee. He has a lot to learn.

Again, if you care at all about the abuses of power occurring here, show up for Kevin Gerster's next hearing, stay tuned for Alan Keesee's, and show the rest of this community that at least some of us won't stand for it.