SOS Cecil Ash: Please Send Help.

July 2011 Artwalk display
(with Cougar)
1009 N. 1st. St. / Phoenix

This is how easy it can be to help us convene legislative hearings next session on the violence, suicides, and poor health care in the prisons. The AZ House Health and Human Services ' Committee is chaired by Cecil Ash, a truly decent man, and seems to be the best place to hold such hearings. Following Stan's letter requesting this is Representative Ash's response.

I understand that Representative Ash is still focusing his energies on sentencing reform - which we desperately need - but in the meantime people are continuing to die unnecessarily inside. If Ash doesn't want to spend political capital using his chairmanship of the HHS committee (as opposed to the Judiciary Committee), for something directly related to health and human services, then he needs to cultivate another legislator who will do that in the next session that we can lobby.

Until Representative Ash can identify that person for us - or until someone else steps forward to lead the charge on this matter - please keep sending these kinds of letters and emails to him, folks. And send me what you're willing to let me post for others to learn from, as my buddy Stan did for us...

This letter, by the way, was a beautiful gift for Dana's mom on that difficult day. Thanks, Stan, from all of us.

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From: Stan Hemry
Sent: Thursday, July 07, 2011 11:05 AM
To: Cecil Ash
Subject: Dana Seawright's unsolved murder

Good morning Rep. Ash,

I am a resident of Phoenix for more than 10 years. Today is the 1st anniversary of this young man's death. I writing to draw your attention to the murder of Dana Seawright, who refused to give up his cell in prison with a man of another race. One was black the other, Hispanic. Dana's gang ordered him to prove his loyalty to the gang. Dana was subsequently killed for a fake attack on another man of the same race as his cell mate. 10 of Dana's gang members were given enough leeway within the prison facility to enter his cell and beat him to death for not delivering the beat down ordered by his gang.

Now, I know that this sounds like typical gang activity, but Dana was standing up for the freedom of association. Something the gangs and guards, apparently, do not allow. This type of violently-enforced segregation underscores the divisions that are routinely encouraged within the prison community.

Guards and prison people both manifest the divisions as they see racial tensions played out in tragic ways. Scenes, like the one of Dana's murder while under guard, re-enforce segregation and violently punishes prison people, who do not abide within the artificially-created, racial divides.

Dana's murder is a harsh wake up call to take action to examine what is happening. This could have easily been me, or possibly you, Rep. Ash, given the same circumstances. I would have done what he did and probably be murdered too.

Racially-segregated gangs monitor and enforce divisions among the prison people. Why can't there be a program to gradually de-segregate the prison community? Train the guards to understand that we are all equal in frailty, love and life. Give the prison people adequate mental and physical health care.

If there is any justice left in the system, I hope you will convene hearings into the rapidly rising murder and suicide rates in the Department of Correction. Understanding the circumstances surrounding the tragedy of Dana's death could help to reform the training received by prison guards and lower the tension levels among the prison people.


Respectfully,


Stan Hemry
PHX 85004

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Contact me if you are an educator and want to screen Arlington West in your school.



-------to contact Representative Ash------



----------reply from Representative Ash--------

From: Cecil Ash
Date: Fri, Jul 8, 2011 at 3:06 PM
Subject: RE: Dana Seawright's unsolved murder
To: Stan Hemry

Dear Mr. Hemry:

Thank you for your email. There are a great many problems in the prison system. You have identified some of them in your email. You are correct, given the same set of circumstances, you or I might have done the same thing.

I am not indifferent or unaware of the many problems in the D.O.C. However, to have hearings this next session would jeopardize some of the sentencing reforms I've been working on for the last three years. Before undertaking hearings on your issue, I need to get some of the sentencing changes enacted. Then I will proceed to look at health issues (both physical and mental) in the prison system. If we could stop so many people from getting in there in the first place, we might have the resources to do a better job with a smaller population.

I will put you on my email list to be informed of our efforts in this area.

Again, thank you for email, and my condolences to Dana's family.


Sincerely,



Cecil Ash

State Representative

District 18

Perryville SOS: Critical conditions for seriously ill women.

The following comment was posted to my earlier piece about conditions out at Perryville prison for women - this is specifically referencing San Pedro, which is supposed to be the "medical yard". The concerns enumerated by her are serious and chronic. There are elderly and frail women there, including women with AIDS, cancer, Hep C, and a host of other illnesses and disabilities.


I can say with confidence that this woman's complaints aren't an exaggeration, nor are they unique to San Pedro (or even to Arizona). I also doubt that any of these issues were addressed when the women of Santa Cruz protested the recent lock-down. I've heard all these things from other women who were/are prisoners at Perryville - including two breast cancer survivors and one woman seeking a compassionate release who's now losing a battle with colon cancer (ironically, given the horrid conditions of her confinement, she was actually written up once for a "grooming violation").


Even the healthy women are at risk in that environment. The notion that people are "well taken care of" behind bars is a popular myth rooted in ignorance and self-serving politics that costs many vulnerable prisoners their lives. And no, they don't all "deserve" to be there in the first place - they certainly don't all need to be there for the sake of public safety - despite the absurd claim in the Fischer report that almost all of the ADC's prisoners are a danger to the rest of us (if you look at that link, check out Professor Mona Lynch's testimony in response, and note how Fischer doesn't differentiate between violent and repeat offenders for the legislature - they're just staving off budget cuts by preventing the early release of ANY prisoners, save a handful of "criminal aliens" the state had deported). My terminally ill friend is an example - she got 5 years from a Pinal County judge as a first time, non-violent offender on a controlled substances charge (she's an addict, of course). Hence the outrage of the author below about "bullshit charges" women are imprisoned for these days - our rate of incarceration has skyrocketed.


San Pedro is a minimum custody level yard - those are women who are low risk enough that they can move freely about the prison, share large dorm areas, and work in the community. When escorted outside of Perryville, they only need one guard to accompany them. So why do they need to be locked up at such an exorbitant expense at all? The average amount we pay per state prisoner in minimum custody in Arizona is about $21,500/year. That's more than twice what our federal government will afford for an elderly or disabled person in the community who is solely dependent on Supplemental Security Income (the state doesn't even supplement that).


Health care costs for prisoners are outrageous, but the quality of health care that prisoners get (if they get it at all) is worse than folks get on AHCCCS, believe it or not. Given that San Pedro is a "medical yard", the author's estimate of the cost of incarceration there may well be accurate, though - for some prisoners it's much higher. Once they finish doing their time (if they survive the experience), we're more than willing to leave them homeless, too, no matter how sick they may be. If they stay homeless too long on parole, they can get violated and thrown back in. That seems awfully twisted to me...


Thank you, to the former prisoner who took the time to send out this SOS for her sisters. She's absolutely right about women getting the worst deal in prison (most of the prisons are fire traps, but I don't hear nearly as much from the men about health hazards as I do from Perryville). Results will be hard to come by - God knows Middle Ground has been working on this for years - but if we can get some key legislators invested and build even a modicum of human rights' protections into Marcia's Law, it might help some of these conditions.


Please feel free to contact me - you or any other family members or former prisoners out there - if you want to work on these concerns with us. We need all the help and eyewitness testimony that we can get. My number is 480-580-6807; call anytime.

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September 10, 2010 12:41 PM

Anonymous said...

I want someone to fight for the women who are serving time in Perryville Prison. I just did a nine month stint on San Pedro Yard. The place is disgusting, none of the swamp coolers work, its 120 degrees in our cells. The K-9 dogs stays in cages in the air conditioning. We are treated like animals (worse than animals). The sewer systems on both yards over flow, right in front of the kitchens, YUCK! The swamp coolers are filled with pigeon poop, and we breathe that into our lungs. Every bathroom is covered with mold, the walls , the floors, the shower curtains. One of the kitchens on 8 yard has been condemed, and the prison is not supposed to house inmates in there. BUT THEY DO! As soon as the health inspectors come to check stuff out, they leave and they start housing girls back in there AGAIN!.

The medical services on San Pedro is a joke, more than one time I was told to take advil and drink alot of water, and I have blood clots, and fibromyalgia!!!! Ive Heard them tell the same exact thing to the girls right after they have a seizure! The prison is so over full that we are living in squaller, The smoking section is full of fleas, bugs, ROACHES. The Deputy Warden MUSE is useless, Im surprised she even has a job. IF we get lucky to have a community meeting, and ask her a question, she always puts it off on someone else, she is extremely rude, and inconsiderate. AND LLAAZZYY!!

San Pedro is supposed to be a medical yard and i have NEVER seen living conditions like that before.!, and Im not just taking someone elses word for it, I lived there. The prison is so broke , why do we continue to hold so many girls that they cant afford to take care of them. ITS your Tax money to hold girl in disgusting conditions, Why dont you let alot of them go home to there kids. Come on drug charges for there own personal use (GIVE ME A BREAK). It cost tax payers 30-40 thousand dollars a year to hold mothers, daughters, wifes sisters.... FOR SOME BULLSHIT CHARGES...... Dont any of you have better things to do with your money?

Push for the senate bill to lower the 85%, to the 65%, and Fire Deputy Muse, shes not doing one bit of good anyway. Illegal Immigrants had their 85% dropped down to 50%..... The Prison is condemned, and its filthy, if we were the men at the mens prison, wed riot for what we want, but because were women and were more passive , and we dont riot....WE GET THE SHITTY END OF THE DEAL!!!!!!!! HELP!!!!!HEALTH INSPECTORS ARE ALWAYS SHUTTING THINGS DOWN ON OUR YARD! we EAT DAYS OLD LUNCH MEAT EVERY SINGLE DAY FOR LUNCH! food poisoning is common!~

Conditions of confinement: Sheriff Joe's jail is our responsibility, too.

The following is a revised and somewhat more radical version of my post from AZ prison watch earlier in the night. It seemed appropriate for this blog, too. No one is listening to us at the Governor's office or ADC, so try the DOJ now. Please call or write today.

Amnesty International poster: Write a letter, save a life.

For those who missed Stephen Lemons' review of Shaun Attwood's new book, "Hard Time: A Brit in America's Toughest Jail", it's worth the read. I'd post it here but I've already packed in too much for the night. It is, of course, about the Maricopa County Hell they call a jail. Hit Shaun's blog, "Jon's Jail Journal" too, if you haven't already. He posts letters from prisoners there, and is a good friend to many who would otherwise have no audible voice.

As for the conditions of confinement in our jails and prisons: I don't understand why the Department of Justice hasn't held Arpaio criminally responsible for his abuse of so many people over the years - from medical negligence to conspiracies to deprive us of our civil rights. Their failure to do so thus far is akin to the feds' consent for every harm he's done under his tenure, and complicity with every additional prisoner he neglects or kills. I'm really starting to worry that they plan to make some kind of closed door deal with him, then pack their bags and walk away.

The Civil Rights of Institutionalized Persons Act covers prisoners precisely because the People so often end up needing protection from the sadistic cruelty of those wielding power in our name, and few in America are more disenfranchised and vulnerable than those disposed of in jails and prisons - citizens and "aliens" alike. They include our elderly, our poor, our sick, troubled youth, our mentally ill, our developmentally disabled - all those people we once institutionalized elsewhere (and have thrown out into the streets) are thrown into the stew.

Of course, the more vocal idiots in our community argue after every article about prisoner abuse or suicide that because they are in a jail or prison they deserve whatever they get, whatever that may be. Just because those readers like to stone prostitutes, though, doesn't mean they are themselves without sin. Nor do they represent all of us. Those people are twisted bullies hiding behind fake identities looking for someone to kick who's already down. They've probably commented on this blog of Stephen's, in fact.

That's a tangent I can't stop from exploring in this context. The media shouldn't give such people the platform on which to celebrate brutalization, suicide, and murder, including among prisoners, in the first place. That's not supporting freedom of speech - it's just intimidating the voices of reason and humanity into silence. Giving hateful people our shared public space empowers them to use shame to perpetrate cruelty, and it perpetuates the stigma felt by prisoners' families who read "good riddance" from the community after their loved ones die. They screen such things out of printed "letters to the editor"; why not moderate their public forums? Only abusive and rich people seem to get amplified when they speak - the rest of us get censored, even if we head the nightly news.

Frankly, most of "free" Arizona should be locked up, looking at the multitude of laws that require jail or prison for those who break them - and at how unbelievably easy it is to put someone away, especially in this state. We are just privileged or very lucky if we've escaped such a fate so far. Those who think they will never be prosecuted because they really aren't "criminals" need to check out the Arizona Justice Project. There are all sorts of innocent people behind bars.

Once in a while the law reaches out and touches us where we never thought it would - and since it's not a common occurrence in our white, middle class communities, we are sure that there is just a deviant in our midst, or it is a fluke of the justice system that will work itself out. Dad's in an accident while on painkillers following surgery and goes to prison because he had an old DUI. Presumably he will get treatment in prison, but he's already been sober for 5 years - instead he just loses time from his kids' lives and his ability to support his family. The neighbor is arrested for embezzling to save the house from foreclosure and her kids from homelessness - losing everything and everyone in the process. We pay over $20,000 a year to incarcerate her for five years - and God knows how much to put the kids in foster care - while her banker gets a bonus from the taxpayer bailout.  

I hope everyone out there finds those images as disturbing as I do. It happens all the time.

As for the wrongfully-accused: Americans don't really presume innocence, which is why Joe's jail was allowed to get so bad. We recoil from the accused as soon as they hit the news because the possibility that agents of the almighty law might be corrupt or wrong threatens our sense of social order. We sacrifice Innocence like she's the designated virgin just to maintain the illusion that the guilty among us are eventually caught, and that those who are caught are always guilty. 

People who are innocent tend to believe that the truth will prevail, and if it doesn't they end up being punished worse than the real criminals who make a deal. Real-life case in point: Courtney Bisbee, the school nurse accused of touching a 14-year old liar and branded as a child molester, was a feather in the cap of the detective who arrested her and the prosecutor who got the conviction. To assure that the rest of us got our taste of blood, the judge slammed her with 11 years for fighting it out in court instead of taking a plea bargain that would have had her back home with her child by now.

Stephen Lemons even investigated Courtney's case and advocated on her behalf (here and here, too), but no one wants to hear the new evidence that would exonerate her because it implicates incompetence - or worse. For law enforcement's ego and our sense of order, she's been in prison for at least 6 years now. Maybe Romley is the man who will have the courage to help set her free - we'll see. He was the Maricopa County Attorney when she was originally prosecuted, so if he steps up to the plate and looks at it in a new light, I'll be impressed. Andrew Thomas was too much of a political coward.

In these ways the brutality of our courts, Joe's jail, and Ryan's prisons hits home. It's not a freakish thing for families to be ripped apart by "justice" in poor and minority communities - it's all too common. The legal system works exactly as it's designed to there, oppressing resistance to white supremacy and defiance of the rules of capitalism at every turn. Justice is the sheep's clothing that America dons to promote the interests of the few, and the myth that we are a model of democracy is what blinds us - and Her - to the deceit. 

But Justice is not supposed to prey on the rest of us "ordinary Americans"- it is supposed to protect us. It only seems to be when we fall from grace ourselves (or get falsely accused and imprisoned) that we begin to see the system for what it is. We get inside and see people doomed to spend the rest of their lives in prison for charges as petty as fraud, while murderers walk away with money in their pocket after 15 or 20 years. Looking around, we also realize that the majority of the people behind bars are not a public safety threat - most are public nuisances, eyesores, "sinners" and surplus laborers who legislators thought would be better hidden away. Those still claiming their innocence are all too often out-maneuvered by the state in legal proceedings, and seldom have the luxury of an attorney to help them once appeals are exhausted. 


Look closely and you'll see that America's prisons and jails have, by and large, replaced our mental hospitals, poorhouses, and plantations. And they are major money-making machines for those in power, as long as they skimp on human rights and basic needs like food and health care. That's why the prisoners who would expose them are discredited, discounted, and silenced in every way possible.

Never mind that the desperate and vulnerable are being relegated and abandoned in these hellholes to sociopaths who will rape and torture them for the fun of it, or even kill them just to score a new gang tattoo. To the private and public prison industries alike, each new body is just an addition to their growing empire - they have no interest in anyone's innocence or special circumstances, and no reason to help prevent or reduce the effects of crime in our communities. 

Despite lamenting about the high recidivism rate (usually as an excuse to be better funded and more brutal), jails and prisons are just as well-paid for recycling the people they chewed up once already. Buying the industry's line of BS, a terrorized public decides that parole officers and prosecutors are always professional and responsible and work in a functional system, so it must be the criminal's own fault for getting put back in - he should have learned his lesson the first time. Our perceptions are too often shaped by the expectation that what we pay nearly 10% of our state budget for includes some effort at "rehabilitation" (hence the AZ Department of Corrections' designation as such, not the "Department of Confinement"). The criminal justice system isn't rehabilitating anyone - they're spending our money lobbying the governor and legislature to pass more laws and assure more prison sentences for less serious crimes than ever.

The prison industrial complex as a whole (of which Sheriff Joe is actually just a small part) cultivates the rest of us to feel exploited and victimized, though, so that we seem defenseless and helpless without them. Then they glorify themselves as our protectors (though they usually arrive after the crime, not in time to prevent it), and we willingly pay them some other kid's lunch money to keep it up. It's a racket. Actually reducing crime and making us all more safe would just cut into their power and profit margins.  

Anyone who believes such a system really upholds justice or promotes the public good is delusional or has been duped. Law enforcement is an integral part of the fascist decimation of our rights, not the power protecting them. We - the People - are the only power that will protect liberty and justice for the future, but only if we have our eyes wide open and are ready to risk jail, prison, defamation, and even execution in the process. If we are not, then we have surrendered that which is most important in life for nothing more than illusion. We are on a leash, instead of in a cage. At least some prisoners, with their integrity intact, mange to remain free.

The DOJ is grossly negligent for failing to act aggressively under CRIPA against the MCSO, and therefore shares the blame for emboldening our greedy, bigoted, fear-mongering lawmakers and enforcers to continue to imprison, injure, and kill those of us whose nationality or skin color or gender or politics or religion they hate. But we are also responsible for letting this go on so long without holding either the feds or Arpaio accountable ourselves. So, here are the names and contact info for the people at the DOJ who should be investigating the real public enemies - and taking action - under CRIPA, regardless of what else they're doing. Please call or write on behalf of those fighting  a losing battle to defend their lives. Don't wait for your loved one to end up in trouble: he or she may be the next prisoner of the MCSO or Arizona Department of Corrections to die.

So could you or I.

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DOJ - 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
(202) 514-0195
toll-free at (877) 218-5228

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

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Acting Chief
Judy Preston
(202) 514-6258
Principal Deputy Chief
Tammie Gregg
(202) 616-2009
Deputy Chiefs
Julie Abbate (Acting)
(202) 353-4637
Mary Bohan (Acting)
(202) 616-2325
Luis Saucedo (Acting)
(202) 353-0299

Prison Health is Public Health: UN

Got this from the UNSHACKLE list-serve - join it if you haven't already and are serious about these issues. This argument also applies to Hepatitis C - only it's even more infectious and prevalent than HIV/AIDS...

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UN warning on AIDS in prisons

By VERONIKA OLEKSYN

Associated Press Writer

VIENNA (AP) -- The U.N.'s top investigator on torture and punishment warned Friday that overcrowded prisons are breeding grounds for AIDS.

Often, inmates are held in inhumane conditions in which the HIV virus is spread through the use of non-sterile drug injection equipment, sexual contacts, tattooing and sharing of razors, Manfred Nowak said.

"There is a global prison crisis," he told an international AIDS conference.

Nowak, who has visited detention facilities around the world, urged authorities to inform prisoners of the risk of HIV transmission and to offer them free condoms, HIV testing and counseling. He also pressed prisons to offer needle and syringe programs, opiate substitution therapies and methadone treatments.

"Science tells us exactly what we have to do, it's just a question of political will to implement it," Nowak said.

In addition, prison guards should live up to their obligation to prevent rape and other forms of coercion that thrive in packed environments.

"One of the most important measures to prevent HIV transmission would be the reduction of overcrowding," since it leads to violence and conditions that are conducive to the spread of the virus, he added.

Nowak said that, although reliable figures are hard to come by, the prevalence of HIV in prisons is generally much higher than in a country's wider population.

In Ukraine, for example, the prevalence of HIV in prison is at least 10 times that of the overall population, he said.

Dmytro Shermebey of the All-Ukrainian Network of People Living with HIV/AIDS - who was diagnosed with HIV, tuberculosis and hepatitis after spending nine years in a Ukrainian jail - stressed that inmates have a right to both treatment and protection from the disease.

"They have the right because they are human," Shermebey said.

While about 10 million people are incarcerated every year, some 30 million enter and leave prisons annually - making it a public health problem for society, according to Nowak.

"Prison health is public health," he said.