Showing posts with label corrupt cops. Show all posts
Showing posts with label corrupt cops. Show all posts

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, November 29, 2010

Maricopa County deputies brutalize prisoner.

Sheriff Joe's finest, doing what they do best to help mentally ill prisoners in the MCSO's Lower Buckeye Jail. The shocker is that other cops reported this, and two deputies have been charged with assault.

Imagine how many others the MCSO has brutalized in Sheriff Joe's jail that no one ever hears about - especially when it comes to the mentally disabled. By the time they get back into court (after nine months of being berated, beaten and "restored to competency") they plead guilty to whatever they've been charged with just to escape the kind of mental health "care" - even if it means years in prison for something they didn't do or weren't competent enough to be culpable. I see it happen far too often. That's coercive plea bargaining and the ultimate subversion of justice.

Unfortunately, according to the Arizona Constitution, the victim here doesn't even have the rights of other victims (which can include "entities" like neighborhood associations, corporations, etc.) because he's "in custody for an offense" (recently reaffirmed by the AZ Court of Appeals in this decision; which I was tipped off to by Eric Manch's blog). Likewise, if he was killed in this assault, his family wouldn't have the legal standing of other victims, either. It's no wonder cops here feel so free to violate their prisoners. That would seem to imply that we become less than human once a cop arrests us - whether he's the real criminal or not.

Whatever happened to the state's duty to protect "vulnerable adults"?


Shame on all the legislators, the state's prosecutors, and the victims' rights groups that endorsed that provision (and the voters, since it was put there by referendum). Frankly, I think curtailing prisoners' rights when they're victimized encourages this kind of behavior, and the state of Arizona should be sued by every victim of state violence for not extending equal protection to all persons, whether or not the state has them in custody. The AZ Constitution doesn't even differentiate between pre-trial detainees and the convicted when depriving those "in custody" of their constitutional rights as victims, so it treats the guilty and those presumed to be innocent (and too poor to post bail) the same.

More another time - I'm too disgusted and enraged. From the Maricopa County Sheriff's Office to the Phoenix PD to the AZ Department of Corrections, there are way too many violent criminals on the loose here with badges and guns and keys. I hope our new county prosecutor and state Attorney General have the ethical foundation and guts to nail them all.

I guess we'll see.
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This kind of sickness spreads from the top down.