Cop-Court Watch: Montgomery on Gerster & Keesee

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

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

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

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

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

From Bill Montgomery:

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

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

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

Thank you for your continued advocacy,

Bill Montgomery

Maricopa County Attorney

301 W. Jefferson, 8th Floor

Phoenix, AZ 85003

602-506-1260

Tough on Crime MCAO prosecutes William Franklin Hughes III.

Maricopa County Superior Court House (March 11, 2011)

Just so folks know, William Franklin Hughes III plead guilty last week to one misdemeanor charge of indecent exposure and one misdemeanor charge of criminal damage. He was originally up on 5 misdemeanors and 2 felonies, so I guess you could say that they cut him a deal. Considering that William was assaulted repeatedly in custody and has evidence of a serious mental illness, though, I think the Maricopa County Attorney's Office should have cut the guy loose after he took that beating. This stuff can accumulate on one's record and come back around again to haunt you, so it's never really a "favor" when they pursue prosecutions of people for the symptoms of their mental illness instead of divert them out of the CJ system altogether, though. They really stick it to people with a mental illness in this town, and they do it with a smile.


The folks I saw ten or fifteen years ago cycling in and out of county jails and shelters are now going to prison because they didn't get adequate public mental health care and they racked up such a record of misdemeanors living on the streets, not because they became more hardened criminals. That's how they end up doing 27 months for prostitution, like Marcia Powell, in the first place. That's pretty pathetic; hardly a sign of an evolved society.


That's $20,000 a year we're willing to put into incarcerating each mentally ill citizen - more, since we tend to put them in high security settings - but we aren't willing to invest it in keeping them from suffering from the symptoms for their illness and poverty. William was having such a rough time the night before he was even assaulted that his judge didn't think he was competent to stand trial, though - if he had been, she probably would have released him on bail at that time. I have no idea why the MCAO thinks he was criminally competent the night he was arrested; I don't think people with mental illness are really getting due process in this place.


William, if you're out there, please sue the hell out of the Maricopa County Sheriff's Office, or they'll keep doing to others what they did to you. I wish I had the satisfaction of at least knowing that you managed to moon the cops or something while you were being taken down, too.


Let's see if the MCAO is really "tough on crime" or just on the people: will they let MCSO Detention Officer Kevin Gerster walk with misdemeanors now, after beating Hughes up? They already let the guy slide by not charging him with class 6 felonies under ARS 13-3623, which is supposed to protect vulnerable adults. And will Alan Keesee even get charged for his assaultive behavior? As far as I know, he's still on paid leave from the MCSO.


Stay tuned...Gerster's final pre-trial management conference is May 18 at 8:45am, in front of Judge Verdin. Trial is on May 25 at 8am.