Showing posts with label mental illness. Show all posts
Showing posts with label mental illness. Show all posts

Tuesday, March 27, 2012

Suicide attempt results in prison for vehicular homicide.

A few months ago I heard a story in a community forum about the criminalization of people who are mentally ill that troubled me deeply. It was reported that the City of Phoenix was prosecuting a man for disorderly conduct due to his attempt to jump off a bridge when suicidal one day. A month or so before that I was told about a man in another county who had tried to kill himself by jumping into traffic, and was being prosecuted for the damage he did to the car that hit him. Last year the AZ Department of Corrections prosecuted a prisoner for arson who had set himself on fire and was burned over 80% of his body. And state prisoner Tony Lester was prosecuted and imprisoned in the first place for injuries friends incurred while trying to prevent him from cutting his throat in a psychotic state. 

All this impressed me as being unnecessarily punitive of individuals who were themselves already victims of suicidal despair and clinical depression, and I have a soapbox set up just for this issue. So when I read about this guy going to prison for killing someone during a suicide attempt, I expected more of the same kind of story. It wasn't. This guy is a real self-absorbed bastard who seems like he'd do or say anything to save his own life.

Now, granted, the prosecution only tells the state's version of a story - that version is the one posted below. If their premise is true, however, then Buot intentionally drove his SUV into an unsuspecting woman's path to hurt his wife by killing himself. That's pretty criminal in my book and deserves prosecution. What this man did was something like firing a sub-machine gun into a crowd while hoping to be taken out by a cop. It was reckless, cowardly, and could predictably end in someone else's grave injury or death. 

In the course of his "suicide attempt" (why would he really think he'd die by plowing his huge SUV into another car is beyond me), Buot killed a young mother of three, and lived to lie about it. Good for Bill Montgomery for holding him responsible. I'm not sure I'd send him to prison for the next 22 years, myself - there must be some better way to teach people not to be so careless when so consumed with self-destructive rage that they're driven to risk lives other than their own in the course of acting on suicidal impulse. Lacking that alternative sentencing option right now, though, I'm glad the guy will be off the streets for awhile.

I don't know if Buot has a serious mental illness that impaired his judgement, or if he's just a selfish, manipulative bully. In any case, my heart goes out to the family of this man's victim, Christine Ann Anderson. Condolences to all her loved ones. I still reject the criminalization of mental illness - but I'll remember what happened to Christine the next time I protest the prosecution of someone who endangers others in the course of trying to harm themselves.


Thursday, March 15, 2012

NY TIMES: Solitary wastes lives, money, and sanity.

Abolishing solitary confinement as we know it can be done, people, and work out for the better for all of us - if Mississippi can do it, so can Arizona. The vast majority of prisoners do return to their communities after all, and we would be wise not to destroy their sanity and humanity while "rehabilitating" them beforehand. 

This state, unfortunately, is constructing 500 more Supermax beds as we speak, however - no public hearings, no way to stop them...what a waste of precious resources. No one at the ADC seems to know what "evidence-based practice" means or why they should study up on it. For that reason, crime in this state will never really be impacted by the rate at which we incarcerate people - all the state is doing is setting people up to repeat again.


Our state facility for the seriously mentally ill
SUPERMAX in Florence, AZ


------------from the New York Times-------------

 Prisons Rethink Isolation, Saving Money, Lives and Sanity


CHANGED ATTITUDES Christopher B. Epps, Mississippi's commissioner of corrections, said he used to believe that difficult inmates should be locked down as tightly as possible, for as long as possible. “That was the culture, and I was part of it,” he said.

PARCHMAN, Miss. — The heat was suffocating, and the inmates locked alone in cells in Unit 32, the state’s super-maximum-security prison, wiped away sweat as they lay on concrete slab beds.

Kept in solitary confinement for up to 23 hours each day, allowed out only in shackles and escorted by guards, they were restless and angry — made more so by the excrement-smeared walls, the insects, the filthy food trays and the mentally ill inmates who screamed in the night, conditions that a judge had already ruled unacceptable. 

So it was not really surprising when violence erupted in 2007: an inmate stabbed to death with a homemade spear that May; in June, a suicide; in July, another stabbing; in August, a prisoner killed by a member of a rival gang. 

What was surprising was what happened next. Instead of tightening restrictions further, prison officials loosened them. 

They allowed most inmates out of their cells for hours each day. They built a basketball court and a group dining area. They put rehabilitation programs in place and let prisoners work their way to greater privileges.
In response, the inmates became better behaved. Violence went down. The number of prisoners in isolation dropped to about 300 from more than 1,000. So many inmates were moved into the general population of other prisons that Unit 32 was closed in 2010, saving the state more than $5 million. 

The transformation of the Mississippi prison has become a focal point for a growing number of states that are rethinking the use of long-term isolation and re-evaluating how many inmates really require it, how long they should be kept there and how best to move them out. Colorado, Illinois, Maine, Ohio and Washington State have been taking steps to reduce the number of prisoners in long-term isolation; others have plans to do so. On Friday, officials in California announced a plan for policy changes that could result in fewer prisoners being sent to the state’s three super-maximum-security units. 

The efforts represent an about-face to an approach that began three decades ago, when corrections departments — responding to increasing problems with prison gangs, stiffer sentencing policies that led to overcrowding and the “get tough on crime” demands of legislators — began removing ever larger numbers of inmates from the general population. They placed them in special prisons designed to house inmates in long-term isolation or in other types of segregation. 

At least 25,000 prisoners — and probably tens of thousands more, criminal justice experts say — are still in solitary confinement in the United States. Some remain there for weeks or months; others for years or even decades. More inmates are held in solitary confinement here than in any other democratic nation, a fact highlighted in a United Nations report last week. 

Humanitarian groups have long argued that solitary confinement has devastating psychological effects, but a central driver in the recent shift is economics. Segregation units can be two to three times as costly to build and, because of their extensive staffing requirements, to operate as conventional prisons are. They are an expense that many recession-plagued states can ill afford; Gov. Pat Quinn of Illinois announced plans late last month to close the state’s supermax prison for budgetary reasons. 

Some officials have also been persuaded by research suggesting that isolation is vastly overused and that it does little to reduce overall prison violence. Inmates kept in such conditions, most of whom will eventually be released, may be more dangerous when they emerge, studies suggest. 

Christopher B. Epps, Mississippi’s commissioner of corrections, said he found his own views changing as he fought an American Civil Liberties Union lawsuit over conditions in the prison, which one former inmate described as “hell, an insane asylum.” 

Mr. Epps said he started out believing that difficult inmates should be locked down as tightly as possible, for as long as possible. 

“That was the culture, and I was part of it,” he said. 

By the end of the process, he saw things differently and ordered the changes. 

“If you treat people like animals, that’s exactly the way they’ll behave,” he now says. 

A Very Costly Experiment 
 
James F. Austin held up the file of an inmate in Unit 32 and posed a question to the staff members gathered in a conference room at the Mississippi Department of Corrections headquarters in Jackson. 

“O.K., does this guy really need to be there?” he asked. 

It was June 2007, and the department was under pressure to make court-ordered improvements to conditions at Unit 32, where violence was brewing. Dr. Austin, a prison consultant, had been called in by the state. As the discussion proceeded, the staff members were startled to discover that many inmates in Unit 32 had been sent there not because they were highly dangerous, but because they were a nuisance — they had disobeyed orders, had walked away from a minimum-security program or were low-level gang members with no history of causing trouble while incarcerated. 

“He started saying, ‘You tell me what kind of person needs to be locked up,’ and it wasn’t near the numbers that we had,” said Emmitt L. Sparkman, deputy commissioner of corrections. By the time they were done, the group had determined that up to 80 percent of the 1,000 or more inmates at Unit 32 could probably be safely moved to less restrictive settings. 

Like many such prisons, Mississippi’s supermax, opened in 1990, owed its existence to the fervor for tougher punishment that swept through the country in the 1980s and 1990s. 

“There was an incredible explosion in the prison population coupled with a big infusion of gangs,” Dr. Austin said. “Riots were occurring. Prison officials were literally losing control.” 

Some states built special units to isolate difficult prisoners — “the worst of the worst,” prison officials said — from the general prison population. Others retrofitted existing prisons or established smaller units within larger facilities. The federal penitentiary in Marion, Ill., was locked down in 1983 after the murder of two prison guards, its inmates confined to cells 23 hours a day and then kept that way permanently. In 1989, California opened Pelican Bay State Prison in Crescent City, a remote town near the Oregon border, specially designed to control inmates in conditions that minimize human interaction.
By 2005, 44 states had supermax prisons or their equivalents. In most, inmates were let out of their cells for only a few hours a week. They were fed through slots in their cell doors and were denied access to work programs or other rehabilitation efforts. If visitors were allowed, the interactions were conducted with no physical contact.
And while prisoners had previously been sent to isolation for 10 or perhaps 30 days as a temporary disciplinary measure, they were now often placed there indefinitely.
Asked to explain the purpose of such confinement, prison wardens surveyed in 2006 by Dan Mears, a professor of criminology at Florida State University, cited “increasing safety, order and control throughout prison systems and incapacitating violent or disruptive inmates.”
But beyond that, said Dr. Mears, who called the rise of supermax prisons “a big, very costly experiment,” the goals seemed murky. Who exactly were “the worst of the worst”? How many people really needed such harsh control, and for how long? And how should the effectiveness of the prisons be judged, especially when measured against the costs of building and operating them?
Dr. Mears said there were no clear answers; indeed, he said, it is virtually impossible to determine how many inmates are in supermax prisons in the United States because there is no national tracking system and because states differ widely in what they call segregation units. “I don’t know of any business that would do this, not something that costs this much, with so little evidence or clarity about what you’re getting,” Dr. Mears said.
With no precise definition of who belonged there, prison systems began to send people to segregation units who bore little resemblance to the serial killers or terrorists the public imagined filled such prisons.
“Certainly there are a small number of people who for a variety of reasons have to be maintained in a way that they don’t have access to other inmates,” said Chase Riveland, a former head of corrections in Colorado and Washington State who now serves as an expert witness in prison cases. “But those in most systems are pretty small numbers of people.”
Mr. Epps, who is president-elect of the American Correctional Association, likes to say prison officials started out isolating inmates they were scared of but ended up adding many they were simply “mad at.”
‘The Real Damage’ 
 
In 1831, the French historian Alexis de Tocqueville visited the Eastern State Penitentiary in Philadelphia, where prison officials were pioneering a novel rehabilitation method based on Quaker principles of reflection and penitence. They called it solitary confinement.
“Placed alone in view of his crime,” de Tocqueville wrote in a report to the French government, the prisoner “learns to hate it, and if his soul be not yet surfeited with crime, and thus have lost all taste for any thing better, it is in solitude, where remorse will come to assail him.”
But for many prisoners, isolation was as likely to produce mental illness as remorse, and by the late 19th century, enthusiasm for the approach had flagged. In 1890, deciding the case of a death row inmate held in solitary confinement, Justice Samuel Freeman Miller of the Supreme Court wrote that many prisoners fell, “after even a short confinement, into a semifatuous condition, from which it was next to impossible to arouse them, and others became violently insane; others still committed suicide.”
It was the last time the nation’s highest court would address the psychological effects of solitary confinement directly. But lower courts in some states have acknowledged the stress that isolation puts on inmates who are already mentally ill, prohibiting their being placed in solitary except in urgent circumstances.
When Dr. Terry Kupers, a psychiatrist and expert on the effects of solitary confinement, toured Unit 32 for the plaintiffs in the A.C.L.U. lawsuit, he found that about 100 of the more than 1,000 inmates there had serious mental illness, in many cases improperly diagnosed. Some were actively hallucinating. Others threw feces or urine at guards or howled in the night.
In turn, the mentally ill inmates were mistreated by corrections officers, who had little understanding of their condition, Dr. Kupers said.
In a report filed to the court, he described the case of James Coffield, a mentally ill prisoner who had demonstrated “a long history in Unit 32 of bizarre and disruptive behaviors” that prison psychiatrists “characterized as merely ‘manipulative’ and which security staff punished with increasingly harsh force, including repeated gassing with chemicals.”
Mr. Coffield eventually tried to hang himself but failed and ended up in a vegetative state.
Many states continue to house inmates with mental illness in isolation. Some inmates appear to function adequately in solitary confinement or even say they prefer it. But studies suggest that the rigid control, absence of normal human interaction and lack of stimulation imposed by prolonged isolation can cause a wide range of psychological symptoms including insomnia, withdrawal, rage and aggression, depression, hallucinations and thoughts of suicide, even in prisoners who are mentally healthy to begin with.
A study of prisoners in the Pelican Bay supermax, for example, found that almost all reported nervousness, anxiety, lethargy or other psychological complaints. Seventy percent said they felt themselves to be at risk of “impending nervous breakdown.”
“Worse still is the fact that for many of these men, the real damage only becomes apparent when they get out of this environment,” said Craig W. Haney, a professor of psychology at the University of California, Santa Cruz, and an expert on the effects of solitary confinement, who led the study.
In fact, some research has found that inmates released from supermax units are more likely to reoffend than comparable prisoners released from conventional maximum-security prisons, and that those crimes are more likely to be violent. In Colorado, said Tom Clements, executive director of corrections, it turned out that about 40 percent of inmates held in long-term isolation were being released directly to the community with no transition period.
The psychological research has drawn attention, not least from the international community. In a report presented to the United Nations Human Rights Council in Geneva on Monday, Juan E. Méndez, the U.N.’s special rapporteur on torture and other abuse, called for a ban on solitary confinement except in limited situations and singled out the United States for its reliance on the method.
In 2010, the European Court of Human Rights blocked the extradition of four terrorism suspects from Britain, saying it wanted to study whether imprisonment at the federal supermax prison in Florence, Colo., violated a ban on inhuman or degrading treatment.
Yet for states, economic and practical arguments may prove more persuasive than humanitarian concerns.
“It’s just exceedingly expensive to hold someone in a segregation bed,” said Angela Browne, a senior fellow at the Vera Institute of Justice, a nonprofit policy and research group, and head of the institute’s segregation reduction project, which works with states to find alternatives to segregation.
Several states, citing economic reasons, have converted supermax units to more conventional prisons, and a few have closed the prisons altogether. Unit 32 was closed in 2010. The increased costs are largely a result of the staffing required to deliver food and other services to cells and escort prisoners when they are let out.
In 2010, for example, Virginia reported that it cost $89.59 per day to keep a prisoner at Red Onion State Prison, a supermax unit with 399 employees, compared with $60.04 per day at Sussex II State Prison, a maximum-security facility that houses almost 500 more inmates but has a staff of 353.
Gambling on Change 
 
Roy Harper, serving time for armed robbery, kidnapping and other charges, used to wake in his cell at Unit 32 seized with anxiety every morning. “You never know what the day is going to bring,” he said recently.
Sometimes it was flooding from malfunctioning toilets. Sometimes it was inmates setting fires or cutting themselves — two prisoners cut off their own testicles in the time he spent there, he said — and sometimes it was just the sense of isolation he felt, “like being alone in the world.”
Mr. Harper was a prisoner in Unit 32 from the day it opened to the day it closed, 20 years later. But the summer of 2007, he recalled, was worse than most. When the killings began, prison officials first cracked down, taking away the inmates’ fans — the only relief from summer temperatures that approached 100 degrees and, according to an environmental expert who filed a report on the conditions, could feel like 120 or more. They kept prisoners in their cells around the clock, not even allowing them out for exercise, he said.
Mr. Sparkman, the deputy corrections commissioner, viewed the situation as so critical that in July he moved from his home in Jackson to Parchman, where Unit 32 sits on the grounds of the state penitentiary. It was clear that a different approach was needed, he said: “What we were doing, the 23-hour lockdown, was not working.”
But the shift had to be made carefully.
“It was gradual, and it was very controlled,” Mr. Sparkman said. “We started out with one building, identifying those groups that we could let out, and we let some of them out. Some of them we were able to transfer completely out.”
A few guards rebelled at the new orders and resigned in protest. A few others were fired. But by the end of six months, most prisoners were spending hours a day outside their cells or had been moved to the general population of other prisons. A clothing warehouse was turned into a group dining hall, and a maintenance room was converted to an activities center. The basketball court filled with players.
Mr. Harper did not benefit immediately from the changes. He remained in 23-hour lockdown until he worked his way to greater privileges. But he was elated at what he saw, he said, with inmates “working again, walking without chains, going to the yard, going to the chow hall.”
The A.C.L.U. continues to monitor conditions in other prisons in the state. But Margaret Winter, the lead lawyer for the A.C.L.U. in its lawsuit over Unit 32, said she watched the transformation there in wonder, especially as two men who at the beginning of the process seemed deeply entrenched in their views shifted direction. The change, she said, was “stunning.”
Mr. Sparkman said the new approach went against everything he had been trained to do. “If you’d come to me in 2002 and told me I was going to do something like that, I’d say, ‘You don’t know me,’ ” he said. “I’d have probably locked them down for anything that squeaked.”
Mr. Epps looks back at the decision as a nerve-racking gamble.
“Was it scary? Absolutely,” he said. “But it worked out just fine. We didn’t have a single incident.”

Scott Shane contributed reporting from Washington.
This article has been revised to reflect the following correction:

Correction: March 14, 2012
An earlier version of this article misstated the position of Christopher B. Epps, Mississippi’s commissioner of corrections, in the American Correctional Association. He is president-elect, not president. (Daron Hall is the current president; Mr. Epps takes over in 2013.)

Monday, March 12, 2012

Fathi: Solitary Confinement in Arizona's state prisons





 
----------From the ACLU Blog of Rights---------

Solitary Confinement in Arizona: Cruel and Unusual

Posted by David Fathi
ACLU-National Prison Project 
March 6, 2012 at 1:09pm 
A class action lawsuit filed today by the ACLU, along with the Prison Law Office, the Arizona Center for Disability Law, and the law firms Jones Day and Perkins Coie, alleges that the Arizona Department of Corrections (ADC) houses thousands of prisoners in solitary confinement conditions so harsh they violate the Eighth Amendment ban on cruel and unusual punishment. While other states also use solitary confinement, Arizona has added features that seem designed to gratuitously increase suffering. The cells in that state's supermax Special Management Units (SMUs) were deliberately constructed with no windows to the outside, so prisoners — many of whom have no means of telling the time — become disoriented and confused, not knowing the whether it is day or night. The cells are often illuminated 24 hours a day, making sleep difficult and further contributing to prisoners' disorientation and mental deterioration.

Some prisoners in solitary spend all but six hours a week alone in their cells. Their only respite occurs when they are taken to a slightly larger windowless cell, with no equipment, for "exercise." Many prisoners refuse to go, because the cell is so small that it doesn't allow meaningful exercise, and because prisoners are placed in restraints and strip-searched when going to and returning from the cell. And in a final cruelty, ADC reasons that because prisoners in solitary don't get much exercise, they don't need much food — some receive only two meals a day.

It's long been known that solitary confinement is extraordinarily damaging to mental health, often inducing mental illness in previously healthy prisoners. But it's particularly damaging to those with pre-existing mental illness. For these prisoners, solitary poses a grave risk of psychiatric injury, self-harm, and even suicide. Deprived of the social interaction that is essential to keep them grounded in reality, many prisoners with mental illness experience catastrophic and often irreversible psychiatric deterioration.

Courts have ruled that prisoners with mental illness suffer such grievous harm in solitary confinement that it violates the Eighth Amendment to house them there. One court compared putting a person with mental illness in solitary to "putting an asthmatic in a place with little air to breathe." As a result, many states that use solitary confinement exclude the mentally ill. But not Arizona — even prisoners whom ADC itself has classified as "seriously mentally ill" are held in solitary.

In recent years, states as diverse as Mississippi, Colorado, and Maine have reduced their use of solitary confinement, generating substantial cost savings and experiencing no adverse effects on public safety. But Arizona remains an enthusiastic practitioner, with four large prisons devoted chiefly or exclusively to holding prisoners in solitary.

Last month Illinois Gov. Pat Quinn announced plans to close Tamms Correctional Center, that state's supermax prison. Tamms has long been criticized for its harsh conditions of solitary confinement — a federal judge found that it inflicts "lasting psychological and emotional harm" on prisoners — and the per-prisoner cost of Tamms is three times the state average. Arizona should follow Illinois' example. It would be a victory for fiscal prudence as well as human rights.

Take action today: go here to sign our pledge against solitary.

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Thursday, March 8, 2012

Inside the AZ DOC with retired DW Carl Toersbijns.

Great interview with Carl Toersbijns on the Lou Show. In 2010 Carl retired from his job as Deputy Warden at the state supermax facility, ASPC-Eyman, where many prisoners with mental illness are managed in solitary confinement instead of in a mental health care setting. Since retiring, Carl's written a couple of books about his career in corrections, and has been blogging and advocating for prisoners with serious mental illness. He's also repeatedly called for his old boss Chuck Ryan to be fired or resign. Here he addresses the abusive culture of the ADC, the role that Chuck Ryan may have had in setting the tone at Abu Ghraib, and the needs and rights of prisoners with mental illness. Please take the time to listen to this show, and go like the Lou Show on Facebook afterwards - Lou's really been great working to help us expose and reduce the abuse of state prisoners. 


Deaths in Custody: Otto Munster, 40.

  Otto Munster

On Monday, March 5, another prisoner of the State of Arizona died by apparent suicide. Otto Munster had just turned 40 when he was sentenced to the Arizona Department of Corrections in September 2011. The judge made  a special stipulation in his sentencing orders that he receive mental health and substance abuse treatment services in prison - recommendations like that from  judges are seldom ever followed, though - they mostly serve to ease the conscience of the person sending a mentally ill prisoner to something other than the psychiatric hospital they think they should be in instead. 

I don't know just how vulnerable a prisoner Otto Munster was - I can find no information on him other than his criminal and court records. He was apparently mentally ill, however - dually diagnosed with a substance abuse disorder as well. Otto apparently had no prior criminal record in Arizona, but was arrested in March 2011 for several charges including armed robbery and aggravated assault. Based on the police report and a motion by the defense counsel, Otto was ordered to have a psych evaluation for competency (known in Arizona as a Rule 11) before any further legal proceedings. That means he was stuck in Joe's jail  untiol he pled guilty and was sentenced - about six months. The initial evaluation resulted in a split decision by the doctors, so he had a third one, at which he was finally found competent enough to plead guilty to the crime he was charged with when he was deemed too ill to stand trial. 

Like most mentally ill prisoners who had to pass through the Maricopa County jail, it appears that Otto pled guilty as soon as he was found competent. No matter how emphatically they may assert to their claims of innocence, they do that because the conditions in the jail are so horrible, they feel hopelessly trapped in the criminal justice system, their attorneys are telling them they could face outrageous sentences if they lose at trial, and just about every prisoner of Joe Arpaio's thinks a determinate prison sentence is better than an indefinite stay in our county jail. These days, a stay in state prison may well be worse than Joe's jail, though, as evidenced by the recent class action lawsuit about the gross medical and psychiatric neglect at the ADC. That's saying a lot.

The ADC itself reports that 75% of incoming prisoners are there for offenses related to their substance abuse, but only 2,302 (out of the 60,000 people they handle every year) ever got any kind of substance abuse treatment from them in all of 2011 (that's in the small print on the back page of this brochure). That figure includes the treatment provided to all those DUI offenders we supposedly lock up in special private DUI prisons, too, as well as every meth addict that comes through - despite the ADC's billion-dollar budget, prisoners just aren't getting what they need to be come decent citizens, folks, even when they beg for it.  

Chuck Ryan's Arizona Department of Corrections has only two priorities, neither of which is rehabilitative or treatment-oriented. They serve to punish and incapacitate people, that's all. That's why they're dying inside at such a clip behind bars, now, and why they come back to us in worse condition that when they went into prison in the first place. Judges need to stop deluding themselves and their defendants that prisoners will actually get their mental health or substance abuse treatment needs met by the state if placed in custody. In all probability, they will be more traumatized than healed by their experience in prison - if they survive it. At least 40% will come out infected with the Hepatitis C virus, too (half not even knowing it). HCV is a serious epidemic behind bars that the ADC has refused to fully address - which means it's also a major public health problem festering in our communities, where 95% of state prisoners eventually return to.

And so, it's easy for prisoners in Arizona - especially the seriously mentally ill being sent there on the false belief that they'll be "cared" for and safer there than if left on the streets, like Shannon Palmer - to quickly fall into a sustained state of terror, hopelessness and despair. According to the ADC website, almost immediately after arriving in prison, Otto Munster began to pick up disciplinary charges. From what's visible, it looks like most of those charges were aggravated refusals to follow an order - usually the order to house. Most guys who rack up disciplinaries for that are fearing for their lives and refusing to be in General Population; I wouldn't be surprised if we find out that this is the predicament Otto was in. 

Otto also initiated a petition for post-conviction relief, meaning he changed his mind about his plea deal and wanted a trial. He had to initiate that without legal assistance, however, and appears to have struggled to meet the requirements of the court for doing it properly - though Judge Paul McMurdie seemed to be trying to accommodate his mental illness by allowing his petition to proceed anyway; he even appointed an attorney to represent him (most post-conviction relief petitions I see are done without help). Otto likely discovered what I just explained about state prison as soon as he arrived and was horrified that he agreed to do five years there. He barely even made it five months. I suspect he was requesting protection from another prisoner or a gang when he died.

When a prisoner requests protective segregation, they usually go into the detention unit of the prison they're at, or they go to ASPC-Florence, where both Rosario Rodriguez-Bojorquez and Duron Cunningham were at, awaiting determination of their protective segregation requests, when they killed themselves in September 2010. That's where Otto was incarcerated when he killed himself this week as well. The ADC should know by now that when they tell vulnerable, frightened prisoners they won't be protected from targeted violence, they need to be alert for a self-destructive response. Especially after guards mocked Shannon Palmer's pleas for safety and he was castrated by his cellmate at ASPC-Lewis (also in September 2010), the level of terror among the men has skyrocketed. Death by hanging is understandably seen as a far more preferable out than dismemberment by another prisoner or a brutal rape and beating by a gang.

Many folks in the general public seem to think that the only people really getting hurt in prison are child molesters (and we tend to act as if they all deserve whatever may happen to them there, which is itself an indictment of what a brutal society we are). In fact, the folks I see dying en masse behind bars are by and large the seriously mentally ill who most Americans would be shocked to find are languishing in state prisons for things like smoking pot too many times on probation, or climbing a utility tower in the middle of a thunderstorm to be closer to God (Shannon Palmer got three years for that, under a law intended to prevent theft of copper wire. He was "rescued" by Mesa police and taken right to jail instead of a psychiatric hospital. Thank Judge Connie Contes for that one).

The Department of Corrections has apparently not yet located next of kin for Otto. If they end up keeping custody of his body, he will be buried with a simple service on prison grounds. There, his loved ones, if ever located, will have to go through the regular visitor application process every year just to leave flowers on his grave. If Otto's family or friends come across this post, please contact me. My name is Peggy Plews, my number is 480-580-6807, and my email is prisonabolitionist@gmail.com. I'm no mental health professional or lawyer, but will do what I can to support you through the aftermath of his suicide, and can even connect you with other grieving families now fighting the way the ADC neglects and abuses Arizona's mentally ill prisoners. 



AZ State Capitol, PHX
March 6, 2012

Thursday, March 1, 2012

More than just a number: Watching Tony Die, Part 3.


Most folks who have been reading here any amount of time know about the highly preventable suicide of young Tony Lester, whose tragic story has been revealed in several parts since he died in July 2010 at ASPC-Tucson of self-inflicted wounds to his neck. For those needing to catch up, I've compiled links below to the previous posts I've made about Tony. 


Deaths in Custody: Anthony Clayton Lester (9/15/10).

 

The Highly Preventable Suicide of Tony Lester (1/8/11).

 

Waiting in the Silence: Remembering Tony Lester (6/16/11).

 

Watching Tony die: The Halloran Investigation and feedback (11/11/11).

 

 (the above post has the links to both of Wendy's first two pieces on Tony)

 

The conviction of Tony Lester: A juror's regrets (1/2/12).

 

Below is the third part of the CH12 / KPNX investigative series: "Watching Tony Die". Wendy Halloran has done an outstanding job challenging the Department of Corrections' treatment of prisoners with serious mental illness, and even dug deeper to look at the sentencing reforms needed to spare people like him inappropriate terms of incarceration...unfortunately, our legislature has pretty much obliterated chances for that again this year, however.

Those folks with loved ones in prison need to watch this clip and please email connect@ad.gannett.com to register your feedback. Especially with the current conditions in the state prisons, it's important for the media to know that these lives matter.





ALSO REMEMBER 
the FOLLOWING UPCOMING EVENTS:

Friday, March 9 at 10am 
AZ State Capitol/Wes Bolin Plaza.

Thursday, March 22, 6:30pm
Maryvale Community Center

Thursday, February 23, 2012

Mental Illness in Maricopa's CJ System: FEB SMI Commission meeting.




This would be a good place to come talk to decision-makers about the high rate of suicide and homicide among state prisoners with serious mental illness in Arizona these days. I asked them to investigate this the last time they met, which was apparently last May. I don't think they looked into a thing all this time, but we'll see. it's not on the agenda, but Mary Lou Brncik of David's Hope will be there talking this time, so she will also hopefully prod them to take a look at the prisons. Also note that the Director of the Arizona Department of Juvenile Corrections, Charles Flanagan, will be there too.

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

Maricopa County Commission of Justice System Intervention for the Seriously Mentally Ill

Commission Meeting Agenda

Tuesday, February 28, 2012

10:00 a.m.
Meeting Location
125 W. Washington Street (Old Courthouse)
6th Floor Central Conference Room

 
  1. Call to Order (Sup. Stapley)
  1. Approval of minutes from May 10, 2011 meeting
  1. Mental Health and Co-occurring Disorder Needs
         for ADJC population (Director Charles Flanagan) – 25 min 
  1. Changes in Maricopa County crisis system (Justin Chase) – 10 minutes
  1. H3 effort update (Nick Margiotta) – 5 min
  1. Legislative update (Emily Jenkins) – 5 minutes
  1. Roundtables sponsored by David’s Hope (Mary Lou Brncik) – 5 min
  1. Additional SMI Issues for Discussion (Sup. Stapley)
  1. Next Meeting (Sup. Stapley)
    TBD 
  1. Call to the Public – Commission Member Comments on current events
  Interested persons may address the Commission, up to three minutes each.


------------Minutes from the last meeting-----------


MINUTES of the Maricopa County Commission of Justice System Intervention for the Seriously Mentally Ill
Tuesday, May 10, 2011 – 10:00 a.m.
125 W. Washington St., Phoenix
Old Courthouse – 6th floor Central Conference Room

Commission Members in Attendance
: Supervisor Max Wilson, Co-Chair; Senator Nancy Barto; Lee Ann Bohn; Dr. Carlos Carrera; Shelley Curran; Elizabeth Evans; Lynne Lagarde; Judge MaryAnne Majestic; Nick Margiotta; Barbara Marshall; Judge Rosa Mroz; Jeremy Mussman; Dr. Laura Nelson; Dr. Dawn Noggle; Dr. Carol Olson; MaryEllen Sheppard; Therese Wagner

Other Persons in Attendance: Karen Hellman – AZ Dept of Corrections; Paula Collins – Maricopa County Superior Court; Tammy Wray, Fredrica Strumpf, Josephine Jones – Maricopa County Public Defender; Anne Ronan – AZ Center for Law in the Public Interest; Arely Benitez, Jessica Wright – Save the Family; Dianna Kalandros – Pinal County Superior Court; David Gallagher – AZ Addiction Treatment Program; Tresa Floyd – Maricopa County Health Care for the Homeless; Barb Lukeman – People of Color Network Outreach; Jessica Berg, Laura DiTroia – Lodestar Day Resource Center; Mary K Reinhart – AZ Republic; Amy Schwabenlender – Valley of the Sun United Way; John Gallagher – Dept of Behavioral Health Services; Margaret Plews – Arizona Prison Watch; Wayne Hochstrasser – Triple R Behavioral Health; Tom McKelvery – New Arizona Family Inc; Steve Carter – NOVA; Vicki Helland – Community Bridges; Michael Donnelly – REN; David Bridge – Human Services Campus; Laurel Rettle – Cenpatico; Sherrie Fraley – MIHS; Amy Rex - County Manager’s Office/Staff to Commission

1. Call to Order

Supervisor Max Wilson, Co-Chair, called the meeting to order at 10:10am. He stated Supervisor Stapley was not able to attend but asked that he welcome two new members from Adult Probation – Therese Wagner and Steve Lessard. He also extended sincere thanks to the two previous Adult Probation members – Penny Stinson and Rebekah Trexler.

2. Approval of minutes from December 7, 2010: 

There were no changes or additions noted. A motion was moved by Shelley Curran, seconded by Jeremy Mussman, and unanimously passed by the Commission to approve these minutes.

3. Budget Impacts for Nontitle XIX:

Supervisor Wilson welcomed Dr. Laura Nelson to review budget impacts. She reviewed FY11 activities, then explained actions taken since July 1, 2010 to monitor the impact of the budget reductions. DHS/DBHS has identified trigger points for evaluating impacts on Non-Title XIX/XXI SMI, including fiscal tracking, complaint tracking, quality of care concerns, and mortalities. There have been no significant spikes in complaint tracking
although a recent increase in quality of care concerns is being investigated. Various aspects related to crisis services also are being watched; call volume has seen a very slow increase while complaint tracking is up and down. Crisis services facility diversion is nearly zero.

Looking ahead to FY12 and Medicaid Reform, there is uncertainty as the State waits for approval on certain requests. Discussion took place regarding these various options that may be implemented (freeze enrollment, mandatory co-pays, no-show penalties, 25 day inpatient limit – although does not apply to behavioral health – and 5% rate reduction).

4. SMI services on the Human Services Campus:

Supervisor Wilson invited David Bridge to discuss the Human Services Campus. David offered a brief background and introduced a variety of people who help provide services on campus. They each provided an overview of what their organization offers:

Ken Curry with Southwest Behavioral Health
Brandi McBride with People of Color Network
Vicki Helland with Community Bridges
Steve Carter with NOVA Safe Haven
Michael Donnelly with REN (Recovery Empowerment Network)

5.Permanent Supportive Housing:

Supervisor Wilson asked Amy Schwabenlender to discuss permanent supportive housing. Amy explained that while United Way is excited to lead the effort, they do need help and partnerships to be successful. The goal is to have 1000 units of housing by 2015. She discussed current and upcoming projects to meet that goal.

6. Additional SMI Issues for Discussion: None were mentioned.

7. Next Meeting: Tentatively August 2011.

8. Call to Public/Commission Member comments:

Jeremy Mussman – property is often destroyed when an inmate is sentenced to DOC. Jessica Burg with Human Services Campus will talk with him about holding this property.

Peggy Plews – asked that the Commission look at what is happening in prisons; many who are abused are mentally ill.

Tracy Floyd – with MC Healthcare for Homeless. Need to address gaps, especially the lack of enough Non-Title XIX psychiatric services on campus.

9. Adjourn: Supervisor Wilson declared the meeting adjourned at 11:30 a.m..

Presented to the Commission by Staff:
_____________________________________
Amy A. Rex, Criminal Justice Project Mgr
Approved by the Commission:
_______________________________________
Supervisor Don Stapley, Commission Chair

ASPC-Tucson deaths in custody: Christopher Rankhorn, 31.


Last May, four young Arizona state prisoners died under suspicious circumstances all within a week or so of eachother. One of those young men was 31 year old Christopher Rankhorn. The media never followed up on the cause of his death - from what his family told me, though, it sounds like he overdosed on his psych meds and the ADC ruled it "accidental". 


 
Christopher's medication at the time he died was Neurontin (aka gabapentin), an apparently increasingly common drug in the state prisons. Originally developed as an anti-convulsant and marketed to alleviate some kinds of neuralgia, Neurontin is also being used as a pain management tool where narcotics are restricted or prohibited, and as a mood stabilizer in the treatment of manic-depression. And, what I've been seeing of late, Neurontin is still a major drug of abuse in the prisons, even though it's got a very low abuse potential out here. 

Why is it still being prescribed for everything under the sun in there, then? It's even been pulled from other prison systems because of the dangers of its abuse behind bars. There's also an ugly history of increased suicide risk with Neurontin - something the AZ Department of Corrections should be especially careful about, given that they've doubled in the past 3 years. In fact, all the off-label use of that drug should be questioned.

Since it's pushed as a pain-reliever, some folks may have expectations for the high they should get from it, and when it isn't forthcoming they increase their dosage until they get the desired effect. Neurontin is not the drug to do that with, guys! They're giving it to you precisely because it doesn't work that way - and because I think it's being used to treat some of you for mental illness without your knowledge or consent. 

I also suspect that Neurontin is being increasingly prescribed in prisons to see how it works as a behavior management tool on a broader population, so if you don't need it or know why you're taking it, question your doctor about the need to be taking it at all - and don't waste your money or resources buying this shit on the yard like it's a narcotic or something. All the drugs in there serve primarily to manage you for the state - especially the heroin: it keeps you too high and stupid to organize collectively against the powers that really oppress you. Be a real revolutionary and stay away from that stuff if you want to be free.

Our condolences go out to Christopher's loved ones.  

Friday, February 3, 2012

Killing us softly: Prosecuting suicide.





I attended a community roundtable meeting last night about mental illness in the criminal justice system, and the issue of prosecuting people for suicide attempts came up. Killing oneself is no longer against the law in America, but it seems that doesn't stop the cops and prosecutors from coming after you if you fail. A woman in the audience noted that she had just helped get charges dismissed against a man who the City of Phoenix tried to prosecute for disorderly conduct over his attempt to jump off of a bridge after he recovered from the crisis. The city attorney's office complained that he disrupted traffic and tied up public services with his actions.


Isn't that what public services are for - to deal with that kind of thing? Arizona's suicide rate is twice our homicide rate, so we'd better come up with more creative ways to discourage people from killing themselves if we want to lower the death toll. This kind of prosecution seems aimed at minimizing the public's inconvenience, that's all.

Just a few months ago, at a similar meeting, I heard about a man in either Pima or Pinal county who was being prosecuted for criminal damage after surviving a suicide attempt in which he threw himself in front of a car. The damage to the vehicle was over $1000, so he was facing a felony - and therefore possible prison time.


What is wrong with this state? If a person dies from self-inflicted injury, they're listed as a suicide victim. If they survive, however, they can be prosecuted as a perpetrator. Granted, that guy's actions placed the occupants of the vehicle at risk and he should compensate them for the property damage. But that calls for restorative justice, not criminal justice interventions.

I know it's not just here. Last March, the ACLU filed a brief in Indiana on behalf of a woman who was being prosecuted for murder after she miscarried her child in a failed suicide attempt. Currently in the news, a marine in Maryland is fighting his conviction for self-inflicted injury (he cut his wrists in a suicide attempt), which brought with it six months in the brig and a bad conduct discharge. And many years ago in Michigan, when my brother overdosed on my grandmother's prescription medications in a suicide attempt, the cops came and arrested him a month later for possession of a controlled substance - which they seized from his room when the paramedics responded with them to the 911 call. He pled guilty to avoid prison.

I suspect this is happening far more often than any of us could imagine. We need to be substantiating and documenting these reports, and bringing them to light - the city and county attorneys making these decisions need to be held responsible for them, and people struggling with serious mental illness desperately need the support of the community behind them when they're being prosecuted for their symptoms - like despair, impulsivity, delusions, lack of insight, and self-injurious behavior.

I'm not saying that a psychiatric disorder exempts a person from responsibility for their actions. There's a difference between prosecuting a criminal with a mental illness, and prosecuting a person for the "crime" of being mentally ill, however - that happens far too often in America. It's important to make that distinction and be conservative about filing charges in these kinds of circumstances for many reasons - particularly in Arizona, where the mentally ill are more than nine times as likely to end up behind bars as in the state hospital

Even if there's some merit to a case, for example, or someone was particularly reckless and harmed others, the negative effects on the community of prosecuting it can still be greater than the benefits of doing so. It can have the chilling effect of discouraging people from reaching out for help after initiating a suicide attempt for fear of being criminally punished. That marine's conviction for self-inflicted injury is especially troubling given the high rate of suicide among service members these days - it's not like he shot himself in the foot to avoid deployment. I can hear a lot of GIs now telling themselves to be sure to use their service weapon if they take themselves out, so there's no chance of survival lest the same humiliation befall them...no more room for ambivalence there.


People aren't usually thinking rationally when they try to kill themselves, and while we should all be mindful not to harm others in the course of harming ourselves (as in with drugged or drunk driving), the consequences of such prosecutions - discouraging people from seeking help in the midst of a suicidal crisis - can be devastating to the "innocent" - those who are careful not to take others out with them - who may die for fear of summoning our community's emergency responders if they have lest minute regrets. It also leaves a lot of other victims behind to grieve them. That's not what we expect for our tax dollars when our fellow citizens are suffering so.

If the profession can't rein its own members in and establish some better parameters to minimize criminal charges against people for the symptoms of their mental illness, then advocates for suicide prevention should be hounding their lawmakers to explore legislative remedies to this problem. In the meantime, please help me publicize when such prosecutions occur so we know just how often it happens, and under whose watch. Spread the word among public defenders, prisoners, the mental health community, and anyone else who might care. And tell those with the power to make decisions about such things that this is unacceptable.


Gary Verberg is the City Attorney for Phoenix - it's my understanding that all criminal prosecutions done by the city are ultimately his responsibility. I haven't verified the details of the allegation about the case above, so don't go off accusing his office of brutalizing people with psychiatric disorders. Just please contact him and make sure he knows that city residents expect suicide attempts to be treated as a medical emergency, not a criminal offense. The contact information for his office is:


Street Address:
300 West Washington, 8th Floor
Phoenix, AZ 85003 

Mailing Address:
P.O. Box 4500
Phoenix, AZ 85030-4500

Phone Numbers:
602-262-6461
Fax: 602-262-7052

The Maricopa County Attorney, Bill Montgomery, didn't make it to the roundtable last night, but he has been to others in the past year and has expressed his own sentiment that it's inappropriate, as a rule, to criminalize people who would not otherwise be offenders but for the symptoms of their mental illness. While we were talking largely about things like destroying property and being disorderly in the course of a psychotic episode, I think this kind of thing would fall under the same category. If you want to let him know your feelings on the issue, though, just in case they got some poor soul facing jail for trying to kill themselves now, drop him a line too at: 301 W. Jefferson St., Phoenix, AZ 85003 / 602-506-3411. I write to him all the time, myself.

Finally, if you're only going to write to one person or place about this, hit these folks: The Arizona Prosecuting Attorneys Advisory Council. It's made up of county attorneys across the state to promote their common crime-fighting agenda with the public and legislature, apparently. They're the folks who invest in propaganda campaigns that further demonize the prison population to support their claim that they've been putting all the right people behind bars in this state, and that we therefore don't need to reform sentencing guidelines or eliminate mandatory minimums. They can be reached at: 1951 W. Camelback Rd., Suite 202, Phoenix, AZ 85015 / 602-542-7222. 

Be sure to send a copy of the letter you send to any of them to the Arizona Republic - or to me - as well, so it can be published. Contact the AZ Republic at: the Editor, The Arizona Republic, P.O. Box 1950, Phoenix, AZ 85001. Letters may also be faxed to (602) 444-8933. Or use their on-line form here.

My address is PO Box 20494, Phoenix, AZ 85036. Or you can email me at prisonabolitionist@gmail.com.


Thanks.

Monday, January 2, 2012

The conviction of Tony Lester: A juror's regrets.



Most readers are already well aware of Tony Lester's story. Tony was sentenced to the Arizona Department of Corrections in 2010 for 12 years on assault charges stemming from a suicide attempt during a psychotic episode the previous year - the friends who tried to stop him from cutting his throat got hurt themselves, grabbing the knife.

In Arizona, people with mental illness are almost ten times more likely to be locked behind bars than admitted to the state hospital when they need help. Not surprisingly, instead of being admitted to a psychiatric hospital that night, Tony was put in jail, then criminally prosecuted. Tony was so ill when this happened that it took nine months to restore him to sufficient competency in the wake of the incident to be tried for it. Soon after he arrived in state prison - receiving no treatment there for his mental illness - Tony killed himself. 

This weekend one of the people on his jury posted the comment below to the MSNBC website following the piece Wendy Halloran did at KPNX on his suicide...the comment after it was left by Tony's aunt. This seems to be a call for sentencing reform and more diversion of the mentally ill from the criminal justice system in the first place...


---------------from MSNBC.com----------------

Did officers' inaction, lack of training contribute to inmate's death?

"Investigators' interviews with correctional officers at a state prison in Tucson, Ariz., suggest that the officers' indifference and lack of basic first aid training allowed an inmate to bleed to death after his second suicide attempt.
The recorded interviews were obtained by KPNX-TV, the NBC affiliate in Phoenix, which has spent much of the past year digging into the suicide of Anthony Clayton Lester, 26, in July 2010.

The station reports that Lester, who was serving a 12-year sentence for aggravated assault, had a long history of mentally illness and had tried to kill himself the previous month. But he was taken off his medications and was removed from a suicide watch two days before his death..."

(view the rest of the article and other comments here)

READER COMMENTS:



My Grandson sent me this link to view and after I viewed this I felt that I had no other choice than to find the courage to post this comment. I was one of the jurors on this Anthony Lester criminal case. I sat through this entire trial and heard all the testimony, and I found that there was reasonable doubt in this case and that I and another juror voted not guilty on several deliberation votes, it was another juror on this panel that swayed our votes to vote guilty. There were two victims in this case, we came back with a not guilty verdict on the second victim immediately and it took us a few days to come back with the guilty verdict after we were persuaded to vote guilty.

Like I said before after hearing all the testimony in this case there was a reasonable doubt and now knowing that Anthony Lester was sentenced to a twelve year prison sentence has made me sick and I feel as if we had a hand in this too, the only way to vindicate myself from this incredible tragedy is to tell how I feel and perhaps this young man may forgive us for what we did to him. Knowing now that he was his mother's only child has just ripped my heart apart and taken his daughter's father away from her has made me feel completely saddened by this knowing now how extremely ill he really was. I am so ashamed, I hope his mother will forgive us and his daughter will some day know this truth, that if we the jurors would have known that by finding Anthony Lester guilty of this crime than we automatically sentenced him to a minimum seven year prison sentence. We could see that he was ill and we thought that he would get probation and get the help he needed.

I think that jurors should be told what would result if they find someone guilty of a crime that this could have a great bearing on the verdict. I have struggled with this decision that I made for the last two years, wishing that I could change my verdict, wishing that I stuck to my gut instincts instead of being convinced by a fellow juror to change my verdict. This is something that I will live with the rest of my life and I pray that Anthony's mother and family will find in their hearts to forgive me. I know the next time that I sit on a jury that I will not let someone sway my vote so easily.

I thought prison would take care of someone so ill as Anthony Lester, after viewing this story done by channel 12 news this has sickened me even more that is why I felt I needed to post this comment. Thank-you channel 12 for reporting this story maybe now Anthony Lester's story will help make changes in the criminal system, it certainly needs it. May Anthony Lester Forgive Us for what we did to him.
#122 - Sat Dec 31, 2011 1:42 PM EST

 ----------------------------

Patti Jones

Just when you think that this could get much worse, than here comes more to grasp. I am completely and utterly speechless. I read your posted comment yesterday "Anonymous Juror" and I just wanted to wait until I could completely be able to post something that was not out of anger. I do not hold anger or any bitterness towards you for what you thought was the right thing. I could only imagine the inner turmoil that you must have felt and continue to feel knowing by changing your verdect the way that you did changed the course of so many lives, perhaps yours the most. If there is one thing that I have learned from this is to forgive and try to help bring the much needed changes, so that no other mentally-ill person will suffer the way Tony has. I will not judge your actions their is only one judge. And if we all try to live a righteous life than the reward will be phenomenal. I know Tony did come to grips with this at the end of his life. I do thank-you for coming out now to speak the truth, I knew that the system all around has let our Tony down.

I will always feel until the day that I die that Tony NEVER deserved that twelve year prison sentence that was handed down to him. But I feel that by you finally speaking out will now help us finally have Justice for Tony and now there can be many more lives like Tony saved. So I commend you on speaking out, and perhaps if you write to your legislatures this could help change these laws. You need to forgive yourself, I refuse to become angry and bitter. Tony would not have wanted this, it is about change in such a broken system. Peace. Patti Jones
#123 - Sun Jan 1, 2012 2:58 PM EST