Criminalizing youth resistance: Truancy in MESA

I swear I don't know I escaped being criminalized in my youth...

-------from the Arizona Republic------

Courts cracking down on truancy

Students warned of charges that can stem from skipping school

Cathryn Creno -

Dec. 25, 2011 09:24 PM
The Arizona Republic

The excuses for missing dozens of days of school this year ranged from insomnia to asthma to not liking the "drama" in high-school hallways.

But Judge Dan Dodge wasn't having any of it at a new special hearing he holds for truants and their parents once a month.

"Chronic truancy is a criminal offense. Do you want to start out your life with a criminal record?" Dodge said as he stared down from the bench at Gilbert's Highland Justice Court at a sleepy-eyed 15-year-old Dobson High School student.The freshman said he has missed dozens of days of school this year because he usually struggles to fall asleep until 3 a.m. He then has trouble getting up for his 8 a.m. class. And Mom, typically asleep herself at the hour school starts, is no help, the student said.

"I don't really care about school," he had said before walking into the courtroom. "I would rather stay up late and play music."

Dodge was unsympathetic, saying the problem could easy be solved with fewer late-night jam sessions and a louder morning alarm clock. Or maybe Mom should just pour a glass of water on his head every morning at 6 a.m., the judge said.

Dodge told the young insomniac to have no more unexcused absences this year or he could lose his right to apply for an Arizona driver's license until he turns 18.

Potential prosecution

On a recent afternoon, Dodge looked around a courtroom full of accused truants, their parents and their guardians and told everyone to shape up or face prosecution by the Maricopa County Attorney's Office.

Parents in the room eyed each other with chagrin as Dodge told them that they, along with their teens, could face Class 3 misdemeanor charges -- meaning fines and possible jail sentences -- if they did not get their kids to school on time or make arrangements for them to study at home because of chronic illnesses.

"And if you want to drop out and ruin your life at age 16, that is your prerogative. But before that, it is not your privilege," Dodge told the students, who are not identified because The Arizona Republic typically does not print the names of juveniles accused of crimes.

Dodge ordered the kids and parents to return to his courtroom in March with report cards and attendance records. If things have improved by then, charges will be dropped.

At least one student in the courtroom was already on her way to a new life. Wearing a charter-school uniform, she told Dodge that she hated the "drama" at her former district high school and had been in class every day since she transferred.

Truancy court is a no-nonsense year-old partnership between the Mesa Public Schools Safety and Security Department and East Valley justice of the peace courts, including Dodge's.

Mesa, the largest school district in the state, has a long history of being the toughest on truants.

Most schools traditionally let attendance clerks and counselors deal with kids who play hooky occasionally and report chronic truants to local police. Peoria Unified School District in the West Valley has an innovative on-campus program called "Sweeps" that requires kids who are late or loitering around campus to spend at least one class period away from other students explaining to a teacher why they were AWOL.

In contrast, Mesa employs nine uniformed, body-armor-wearing, pepper-spray-carrying security officers who spend at least half of their time tracking truants and their parents. The officers are not sworn law-enforcement officials but have been trained to restrain young offenders until police arrive.

The annual cost in salaries is about $140,000 for the anti-truancy program, said Mesa schools security director Allen Moore, who believes the expense is more than worth it.

Pathway to crime

While the district wants as many kids in school as possible -- it gets nearly $5,000 a year in funding for each child enrolled and has lost 9,000 students in the past decade -- it's even more important to turn around truant kids before they get involved in crime, Moore said.

After performing normal school-security duties, the nine officers patrol areas that truants like to frequent -- shopping malls, electronics stores and restaurants with deals on breakfast -- in search of kids who should be in a classroom.

While one ditch day here or there probably does not mean the start of a criminal career, juvenile-crime experts say habitual truancy often is the first step toward involvement with drugs, vandalism, burglaries and gangs.

"We get calls from the parks, from the malls ... sometimes the kids have already been involved in burglaries," said Tim Pinsonneault, security supervisor for Mesa Public Schools.

"Habitual truants like to hang out with each other," Mesa security officer Nathan Wax said. "Kids all have cellphones. They text each other and meet up at houses where parents aren't home."

In most cases, truancy problems are solved with a simple visit with the child and parents from a school security officer.

"We meet with parents and the student, we explain the state law to them. We say our goal is not to cite them," Pinsonneault said. "But if they don't correct the behavior, they are served by a process server and they have to go to court. If they don't show up, a warrant is issued for their arrest."

Moore said his officers have stumbled onto meth labs and dwellings where the conditions were so uninhabitable that they called Mesa police and the state's Child Protective Services.

But, he said, truancy is a middle-class problem, too.

"We have parents who want to take their kids out of school for a cruise," he said. "That is not allowed. And some parents want to start holiday break by going on vacation early. We don't call that vacation. We call it truancy."

Tutoring, counseling and parenting classes are made available to kids and parents who need them. But Moore said in many cases families just need to be made aware of the law. He said in the last calendar year, his officers have tracked down and given warnings to 1,184 truant junior-high and high-school students and 1,972 parents of truant elementary-schoolers. All but 606 middle- and high-school students and 234 elementary-school students returned to school with no additional action, he said. Those who did not heed the security officers' warnings were summoned to truancy hearings in a court like Dodge's.

Pinsonneault said that before last year, Mesa schools, like most other districts in the county, referred its habitual truants to the county's Juvenile Probation Department. The problem, he said, was that some parents failed to take the juvenile citations seriously.

"Bringing everyone to a justice court gives the process more teeth," he said.

Of the 79 chronic truants who appeared in Dodge's court last spring, only 12 still have charges pending, Moore said. The rest "have corrected their behavior and are attending school successfully," he said.

"It amazed me what a difference a little bit of the fear of the law would make," Dodge said.

Arizona's truancy law

Arizona law requires students to attend a public, private or home school until they turn 16 or finish 10th grade.

Students must be present 90 percent of the time -- 162 days of a 180-day school year -- to get a passing grade and credit in a class.
 
Kids are considered chronically truant after they miss 18 days of school, even if some of the days were excused absences.

Schools can issue citations that refer students to court or truancy-diversion programs after five unexcused absences.

Kids who fail to return to school after getting warnings face penalties ranging from fines to loss of eligibility for an Arizona driver's license until age 18.
Parents who fail to get their kids back to school can face fines or, in extreme cases, jail time.

Sources: Mesa Public Schools, Highland Justice Court, Maricopa County Juvenile Probation Department

Mike Stauffer and MCSO brutality

Keep in mind that the following editorial is coming from a conservative challenger to Joe Arpaio in 2012

-------------------from the Tucson Citizen--------------

Law Enforcer Mike Stauffer reacts to death of Ernest M. Atencio
by Hispanic-Politico on Dec. 26, 2011,
TUCSON CITIZEN

Law Enforcement Analysis of the Ernest Atencio Incident
FOR IMMEDIATE RELEASE:
December 26, 2011
Police Lt. Mike Stauffer
MCSO Candidate • 2012


In expressing my dismay about the incident that occurred in the MCSO 4th Avenue intake area on December 16, 2011, I have angered some people employed by MCSO. To those individuals, I say, the information that I acted on came from inside the MCSO. There are employees of the organization who are disgusted by the actions of a few and will speak out.

As sheriff, I will not tolerate this behavior or this attitude. I will not tolerate those who stand by and allow this type of incident to take place. Know that the days of covering up behind stalling tactics are over. The cover-up is frequently worse than the incident itself. The MCSO is under a microscope. Even if it was not, I expect all the employees should understand that they are held to a very high standard of conduct and will be held accountable for their actions. I am outraged that even one employee of the MCSO would stand by as this incident unfolded and did nothing to intervene. I am outraged by the atmosphere and attitude fostered by Arpaio that allowed this to happen. Know that those who continue to carry this attitude will have no place at the MCSO.

I stipulate that I have not been privy to an unedited video and have formed some
conclusions based on the video available on You Tube (http://tinyurl.com/7evqt6n) and the report by Fox 10 News in Phoenix (http://tinyurl.com
/7nbuyma). What I saw disturbed me greatly on many levels.

Ernest Atencio according to reports, was arrested for misdemeanor assault. He had not seen a judge. He had not even gone through the full intake process.

Nevertheless, the offense he was arrested for, even if found guilty and convicted at trial, did not warrant a death sentence. American law enforcement is not judge or jury.

Ernest Atencio arrived at the intake area under his own power and apparently healthy. He did not initially appear physically combative, and in fact, the Phoenix Police officers released him from his handcuffs. It has not been reported what the conversation was between PPD officers and Mr. Atencio that precipitated the officers to grab him and attempt to restrain him.

If the reason for the physical contact was to put Mr. Atencio back into handcuffs, why do none of the officers have handcuffs out? There are no restraining tools of any kind visible.

As Mr. Atencio struggles with the officers, a Phoenix officer appears to put Mr. Atencio into a choke hold (2:11), which is considered a deadly force tactic, and takes him forcefully to the ground. It appears that Mr. Atencio goes limp for several seconds at this point. The Phoenix officer is then pushed away by an MCSO detention officer and at least six detention officers appear to be pinning Mr. Atencio to the floor.

Although he can’t be seen under the pile of at least six detention officers, it appears that Mr. Atencio suddenly surges and the detention officers apply a Taser in “drive stun” mode. This tactic involves firing a barb from close range, into the subject and then repositioning the Taser to make contact and complete a circuit that delivers an immobilizing electric current to the subject for a five second duration. The detention officers do not appear to be restraining Mr. Atencio during any of the applications, as those properly trained to use a Taser are instructed. Taser training also warns that repeated applications of the Taser is dangerous to the health of a subject and de-escalation tactics to bring the subject under control should be employed during the subject’s incapacitation to prevent the need for continued force.

Equally disturbing are the actions of the other officers in the area. Several officers run into view from other areas and try to join in the pile. Others appear to be mocking Mr. Atencio and laughing about the encounter. Their behavior reinforces the perception the officers have a callous disregard for Mr. Atencio’s well being.

In the holding cell, a detention officer is seen making what appears to be knee strikes to Mr. Atencio’s head. Another detention officer puts a restraining hand on that officer’s shoulder to stop him. This occurs while Mr. Atencio is being held down by at least five other detention officers. The application of knee strikes to the head while Mr. Atencio is being restrained is an inappropriately high level of force for the circumstances.

Mr. Atencio is limp and unresponsive; yet, he is stripped of his clothing and dumped on the floor of a holding cell. The medical personnel present do not appear to ascertain Mr. Atencio’s medical status. No medical follow-up is conducted and Mr. Atencio is left alone. This again is contrary to Taser policies and training. Training dictates that anyone subjected to a Taser application be seen immediately after the situation is stabilized by certified medical personnel. A person subjected to multiple Taser applications should be seen by an emergency room Physician.

The vague statement issued by Chief McIntyre that night after the story broke suggests an attempt to cover up the situation. His statement indicates that there was no in-custody death that night, an outright falsehood. The week delay in releasing the video and the timing of the release further suggests an all out attempt to bury the story by the MCSO.

These situations require an open, timely release of preliminary findings. Delay and vagueness only fuel anger and distrust in the community. Hiding behind a wall of silence is not appropriate. The leader of the organization must be front and center and accountable to the community. Only in this way can the organization be trusted to do what is right.

Police Lt. Mike Stauffer
MEDIA CONTACT:
West Kenyon
Campaign Manager
Police Lt. Mike Stauffer
Maricopa County Sheriff • Candidate 2012
t: 480.414.6868
e: west@votestauffer.com
w: www.votestauffer.com

SOPA Watch: Internet Blacklist Legislation

----From the Electronic Frontier Foundation-----

(petition below)

Stop the Internet Blacklist Legislation

The Internet Blacklist Legislation - known as PROTECT IP Act in the Senate and Stop Online Piracy Act (SOPA) in the House - is a threatening sequel to last year's COICA Internet censorship bill.  Like its predecessor, this legislation invites Internet security risks, threatens online speech, and hampers Internet innovation. Urge your members of Congress to reject this Internet blacklist campaign in both its forms!

Big media and its allies in Congress are billing the Internet Blacklist Legislation as a new way to prevent online infringement. But innovation and free speech advocates know that this initiative is nothing more than a dangerous wish list that will compromise Internet security while doing little or nothing to encourage creative expression.

As drafted, the legislation would grant the government and private parties unprecedented power to interfere with the Internet's domain name system (DNS). The government would be able to force ISPs and search engines to redirect or dump users' attempts to reach certain websites' URLs. In response, third parties will woo average users to alternative servers that offer access to the entire Internet (not just the newly censored U.S. version), which will create new computer security vulnerabilities as the reliability and universality of the DNS evaporates.

It gets worse: Under SOPA's provisions, service providers (including hosting services) would be under new pressure to monitor and police their users’ activities.  While PROTECT-IP targeted sites “dedicated to infringing activities,” SOPA targets websites that simply don’t do enough to track and police infringement (and it is not at all clear what would be enough).  And it creates new powers to shut down folks who provide tools to help users get access to the Internet the rest of the world sees (not just the “U.S. authorized version”).

Senator Ron Wyden (D-OR) has placed a hold on the Senate version of the bill, taking a principled stand against a very dangerous bill. But every Senator and Representative should be opposing the PROTECT IP Act and SOPA. Contact your members of Congress today to speak out!

sign petition here

New Year's Eve Noise Action targets Jails and Prisons.

(THIS ACTION ROCKED!!!)

"Resistance."

 Tent City, Phoenix, AZ. 

April 2011

-----------from Phoenix COPWATCH--------

Global Noise Demo: NYE 2011/2012

Saturday, 31 

December 2011 

12 noon - 2pm 

31st Ave & Durango, PHX

• In response to the international callout for New Year’s Eve prison solidarity noise demos, we are organizing an action at the Durango jail in South Phoenix. Noise demos break the isolation and alienation of the cells that the state creates, and reaches those inside to let them know they have not been forgotten. You’ll want some signs, banners, pots & pans, drums, and lots & lots of noise! Abolish prisons and the world that maintains them! We will play for all until the walls fall!

Profiling Sheriff Joe: Class-Action status for latinos in suit

4th Avenue Jail

Phoenix, AZ

October 15, 2011

-------from the Phoenix New Times--------

Judge Grants Class Status in Lawsuit to Hispanics Stopped by Arpaio's Deputies, Orders Halt to Human Smuggling Enforcement in Current Form

By Ray Stern Fri., Dec. 23 2011

U.S. District G. Murray Snow ruled today that any Hispanic stopped by Sheriff Joe Arpaio's deputies since January 1, 2007 -- or will be stopped in the future -- can sue the sheriff's office in a class-action lawsuit.

The ruling in the Melendres racial-profiling case also enjoins the Maricopa County Sheriff's Office from stopping people based on a suspicion that they might be violating one aspect of the state's human smuggling law, or any other law.

At yesterday's hearing, Arpaio's lawyer said such a prohibition would hamper the ability for MCSO to conduct law enforcement in general. While that may have been an exaggeration, it seems clear the ruling will make it difficult for the sheriff to conduct enforcement operations based on the state's human-smuggling law. That law is how Arpaio justifies the saturation patrols in which illegal immigrants are rounded up.

Snow's latest ruling also hands Arpaio's office some minor victories, including the dismissal of two counts regarding David and Jessika Rodriguez, who say they were hassled while driving near Bartlett Lake. The ruling doesn't dismiss the case in favor of the plaintiffs, so in that respect it shows that Snow isn't fully convinced -- something Arpaio's lawyer brought up yesterday. Snow wants a trial to decide the issue, obviously -- but it'll be one in which he's the prime fact-finder, and one in which he's already signaled in another ruling made public today that he's not happy with the MCSO's dirty tactics, both in the case and on the streets as probable profilers.

If you've been waiting for serious action to come down against Arpaio, this is it.
Here's the ruling:

Class Action Granted

MCSO and Marty Atencio: Video released

Here's the MCSO Booking area, where Marty Atencio was attacked; this footage comes via Dennis Gilman, who edited hours of tapes. I, frankly, see no provocation for that Phoenix cop to take down Marty the way he did, much less for ten more officers to jump in...

part I

part II

Here they are putting Marty in a "safe room" now. I have a problem with this policy of stripping mentally ill or unstable prisoners naked to assure their "safety"  - it just compounds trauma with humiliation.

Good coverage and observations below, from the Phoenix New Times: Check out links to Stephen Lemons' continuing coverage of the death of Marty Atencio here.

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

Last week, Marty Atencio's brother Mike told me that he and his family believe Sheriff Joe Arpaio's detention officers "murdered" his brother, leaving the 44 year-old Army vet dead in a cell, only to ship him out to St. Joseph's Hospital later, so the MCSO could deny that Atencio was an "in-custody" death.

On Tuesday, Atencio's family made the decision to remove him from life support, but the family's attorney Mike Manning later noted, "[Atencio] died in the jail."

Friday, the MCSO released eight hours of video, some of it documenting Atencio's stay in the sheriff's custody. The chilling words of Atencio's brother and of Manning have not been rebutted by that footage.

Watch the video above, taken from hours of jail tape the MCSO unceremoniously dumped on a ravenous media Friday afternoon. What do you see?

I see a pack of uniformed officers jumping on one unarmed man, who seems to be making no aggressive moves toward them.

While beneath this pile-on, Atencio was Tased. That the Tasing was unnecessary is self-evident.

There's also creepy footage (not seen above) of Atencio being thrown naked into an isolation cell. In it, Atencio is not moving, and looks to be unconscious. 

The scene in the cell is eerily reminiscent of MCSO video of Juan Farias Mendoza, an inmate allegedly beaten to death by detention officers in Arpaio's jails back in 2007.

Mendoza was 40. Atencio was 44. Both men were Tased several times in custody. And each man was a father. Mendoza had three kids. Atencio's family told me he has four, ranging in ages from 15 to 24.

The world might never have known about Mendoza, had not an anonymous tipster informed New Times of his brutal demise. Recently, Maricopa County settled with Mendoza's family to the tune of $1 million.

Which makes you wonder: How many incidents like these have occurred in Arpaio's gulags that we don't know about.

The media has been in a feeding frenzy over the Atencio death, coming as it does on the heels of the U.S. Department of Justice's watershed report on the MCSO's discriminatory practices toward Latinos in and out of Arpaio's jails. 

So the Atencio family's response to the video's release, in a statement given to the press by Manning, seems wise and measured, an example of dignity in the face of the media's hunger for information and Arpaio's spin machine:

"The Atencio family has instructed that I make no comment today concerning the jail video just released by Sheriff Arpaio," Manning said. "They are deeply grieving the death of their Marty and do not want their burden and hurt to interfere with the joys, blessings, and good cheer that other Valley families are looking forward to on this eve of the Christmas weekend. We will have a comment on Monday or Tuesday."

Atencio was acting erratic before and after his arrest by Phoenix cops on charges of assault. The Atencio family has indicated their loved one was bipolar and not on his medication at the time of his arrest.

Manning's stated that blood tests of Atencio done at St. Joe's showed no illicit drugs or alcohol in the man's system. 

Such factors aside, there's no excuse for such a death. Despite this, the MCSO boasts a gruesome track record of citizens dying needlessly in its custody. 

These individuals often become victims because they are already part of some at-risk group. 

Over the years, New Times has stood sentinel for them all: the diabetic mom denied her medication, the mentally retarded man asphyxiated till brain dead; the legally blind man beaten till comatose; the drug addict son offed in a restraint chair of the kind now banned from Arpaio's jails; and so on.

Now New Times stands sentinel for another in a long line of those neglected and abused by the MCSO -- the beaten, the Tased, the tortured and the slain. A line destined only to end when Arpaio is removed from power.

UPDATE 12/27/11: For more video of Atencio in custody and attorney Mike Manning's comments on same, click, here.

UPDATE 12/28/11: For Atencio's obituary and funeral service schedule, please click, here.

UPDATE 1/4/12: Marty Atencio laid to rest, please click here.

UPDATE 1/5/12: Psalm for Marty Atencio, please click here.

UPDATE 1/10/12: Phoenix Police arrest report released, please click here.

The Trial of Peggy Plews (was POSTPONED)

Margaret Jean Plews 

M-0741-4401149

3 counts of CRIMINAL DAMAGE
 

POSTPONED UNTIL:

January 26, 2012: 10am
Phoenix Municipal Court RM 606
300 W. Washington St.
Phoenix, AZ 85003

Come hear the state defend itself as I explain
my murals to their dead...

(and maybe speak on my behalf if they decide to lock me away)

 

NO LOOP 202: Support Indigenous Resistance!

 NO SOUTH MOUNTAIN FREEWAY

January 18, 2011

3pm - Rally against Loop 202

4pm - Transportation Policy Committee

Maricopa Association of Governments (MAG) office - Saguaro Room

302 N. 1st Avenue, Phoenix

------

January 24, 2011

4pm - Citizens Transportation Oversight Committee

AZ Department of Transportation - Auditorium

206 S. 17th Avenue, Phoenix

More MCSO brutality towards latino prisoners...

From facebook last night...

Mike Stauffer for Maricopa County Sheriff

We received news from an inside source that a Latino inmate at the 4th Avenue Jail is brain dead due to excessive force by detention officers. 

 -------------------------

Update tonight, from the Arizona Republic:

Phoenix inmate still critical after restraint at jail

by Amy B Wang and Kelsey Pfeffer - Dec. 17, 2011 02:10 PM
The Arizona Republic

A man who was taken to a hospital after he became unresponsive while being booked into a Maricopa County jail early Friday remains in critical condition Saturday, officials said.

The Maricopa County Sheriff's Office has identified the man as 44-year-old Ernest M. Atencio.

Phoenix police brought Atencio in for booking on suspicion of assault at about 3 a.m. on Friday. During the booking process, Maricopa County sheriff's officials said Atencio was abusive and combative, forcing police and sheriff's deputies to use "defensive efforts" in restraining him.

In a statement issued by the sheriff's office, MCSO Deputy Director Jack MacIntyre was quoted as saying the officers took Atencio to a "safe cell" in hopes of getting him under control. While in the cell, Atencio was under observation by medical personnel, MacIntyre said. About 15 minutes later, medical staff checked on Atencio and had to start CPR and other revival efforts, McIntyre said.

Atencio was taken to St. Joseph's Hospital in Phoenix.

McIntyre said an investigation is ongoing.

----UPDATE December 21: PHX NEW TIMES---

 

Marty removed from life support;

Marty Atencio Dead, Blood Tests Show Him Free of Illicit Drugs, Lawyer Says

 

Grand Jury Resister Jordan Halliday loses appeal

From: Support Jordan <supportjordan@live.com>

Dear friends,

We sincerely regret to inform that Jordan Halliday lost his appeal this morning. We have attached the 10th circuits ruling below.

It is crucial that we show solidarity and support for Jordan in every way we can. We are calling for solidarity actions from January 21st - 28th, 2012 to show support for Jordan Halliday and grand jury resistance.

During the summer of 2008, the FBI approached Jordan at his place of employment; he refused to answer their questions and told them to leave. They warned him that they would return with a subpoena to testify before a grand jury and six months later they followed through with their threats. They subpoenaed both Jordan, and another 'activist' Nikki Viehl who chose to testify. Jordan, however, chose to resist the grand jury in protest due to its abusive and archaic nature.

In March 2009, Jordan appeared before federal grand jury investigating a series of underground animal liberation activities in Utah. He asserted his 5th Amendment right against self-incrimination. The court jailed Jordan for nearly 4 months under civil contempt of court in an effort to compel him to testify. The day after Jordan refused to testify, the grand jury indicted Alex Hall and William 'BJ' Viehl under the Animal Enterprise Terrorism Act.

The week following his first grand jury appearance Jordan (still in jail) received a second subpoena, which he again refused. While in jail, Jordan also received letters of support from all over the world, made friends, and confidently reflected on his decision not to snitch.

Upon release the court charged Jordan with federal criminal contempt of court, to which he pleaded guilty in August 2010.

There are no sentencing guidelines for criminal contempt. However, the government decided to follow the guidelines of "obstruction of justice", which has a 10-16 month sentence range. Fortunately, the court only sentenced Jordan to the low end of 10 months. However, Jordan and his attorney believed this was far too much, and appealed for a guideline range that more closely relates to his charge. They appealed to the 10th circuit court of appeals asking that the sentence be reevaluated under the guidelines for "failure to appear", which has a 0-6 month sentence range.

In November 2011, Jordan's attorney argued his case orally before the 10th circuit court of appeals in Denver, Colorado. The feeling of hostility and bias could be felt from the beginning and in an unusually fast ruling (it usually takes 3-6 months to rule), the 10th circuit denied Jordan's appeal exactly a month and a day after his oral argument in Denver.

It is ironic to note, that also today, baseball legend Barry Bonds received a 30-day house arrest sentence which will likely be reduced for perjury, while lying to a grand jury regarding steroid use in December 3, 2003. It's unfortunate that Jordan, who didn't lie, rather just simply refused to testify, isn't a celebrity.

United States history to be charged with criminal contempt of court after already serving time for civil contempt, for the same act of recalcitrance.

Over the past 20 years many animal rights, environmentalists, anarchists and otherwise radical activists and communities have suffered subpoenas and coercive incarceration, but rarely for more than a few weeks. But at present we are experiencing an increase of pressure. Shortly after Jordan's incarceration an Iowa grand jury subpoenaed Carrie Feldman and Scott Demuth, and held them in civil contempt for four months. Fortunately, neither Carrie nor Scott has been charged with criminal contempt.

Jordan's case sets a crucial new precedence in terms of grand jury resistance. While friends and family converge to show support and solidarity for Jordan in this time of great sadness, we are calling out for an eruption of many more moments, for acts of recalcitrance anywhere and everywhere, for actions that show solidarity with Jordan Halliday and grand jury resistance. We are asking that support and solidarity begin immediately. But we will also be focusing on and asking for massive global solidarity actions from January 21st-28th, 2012.

We are expecting Jordan to begin serving

For More information Visit:
http://www.supportjordan.com

*be advised, we have been suffering server-side issues with the support site and are working to address them. If the website fails to load, please keep trying back.

You can also visit his support page via tumblr: http://supportjordan.tumblr.com

Donations can be sent to:
Jordan Halliday
West Jordan, Utah 84081

or via paypal: http://t.co/KgyaXV4G

-Support Jordan Committee

Copy of 10th Circuit Decision: http://www.scribd.com/doc/75893505/10thDenial

 

Indefinite Detention: Congressional roll call.

The vote on indefinite detention this week, and the facebook page to resist it...

ASPC-Yuma Deaths in Custody: Eddie Martinez.

Eddie Martinez was beaten unconscious at APSC-Yuma on December 11, and placed on life support. The death announcement below was posted by the Arizona Department of Corrections late today. Condolences to Eddie's family. Please feel free to contact me if you wish to organize with other families to prevent this kind of thing from happening again, or if you need support fighting the state in court. Do what you need to do to grieve, but know that you don't have to go through it alone.



Peggy Plews
480-580-6807
arizonaprisonwatch@gmail.com

National Defense Authorization Act and Civil Liberties

Look out, Occupiers and De-colonizers - they have new weapons at the ready for us. Continue to resist - just do so with your eyes wide open...

Abolish the Phoenix Camping Ordinance!

Occupy Phoenix: Day 1.

(October 15, 2011)

------from the huffington post-----

Indefinite Military Detention Measure Passes On Bill Of Rights Day

Michael McAuliff  
mike.mcauliff@huffingtonpost.com
Huffington Post
December 15, 2011

WASHINGTON -- The Senate passed a defense bill Thursday that authorizes indefinite detentions of American terrorism suspects, coincidentally acting on the controversial measure on the 220th anniversary of the ratification of the Bill of Rights.

The bill, the National Defense Authorization Act, passed 86 to 13 and is expected to be signed quickly by President Obama, who withdrew a veto threat against the bill Wednesday. Six Democrats, six Republicans and one independent opposed the bill.

Though the legislation passed overwhelmingly, several senators argued that it was threatening fundamental provisions of the Bill of Rights, which is celebrated every Dec. 15.

"We as Americans have a right to a speedy trial, not indefinite detention," said Sen. Mark Kirk (R-Ill.). "We as Americans have a right to a jury of our peers, which I would argue is ... not enlisted or military personnel sitting in a jury. You cannot search our businesses or place of business or our homes without probable cause under the Bill of Rights."

"You cannot be deprived of your freedom or your property without due process of law, and that, I would say, is not indefinite detention," added Kirk, who voted for the bill. "I would actually argue that no statute and no Senate and no House can take these rights away from you."

The 13 senators who voted against the bill were Dick Durbin (D-Ill.), Ben Cardin (D-Md.), Al Franken (D-Minn.), Tom Harkin (D-Iowa), Jeff Merkley (D-Ore.), Ron Wyden (D-Ore.), Bernie Sanders (I-Vt.), Jim Risch (R-Idaho), Rand Paul (R-Ky.), Mike Lee (R-Utah), Jim DeMint (R-S.C.), Mike Crapo (R-Idaho) and Tom Coburn (R-Okla.).

Supporters of the bill argued that current U.S. law is a combination of rulings and precedents that already allow indefinite detention of Americans. But they say that granting the military explicit authority to investigate and detain terrorism suspects -- including Americans -- is vital to ensuring the nation can keep up with an adaptable and changing enemy threat.

They point to court rulings that have found detentions of citizens to be proper. But opponents say the issue of grabbing up Americans on U.S. soil and putting them in military detention without trial has never actually been tested by the Supreme Court.

"This provision would for the first time in American history require our military to take custody of certain terrorism suspects in the United States," said Durbin, who was especially concerned with two sections of the bill -- 1021 and 1022 -- and voted "no."

He argued -- citing FBI Director Robert Mueller's opposition to the provisions -- that there was no reason to mess with a system that has worked well since Sept. 11, 2001.

"Since 9/11 our counterterrorism professionals have prevented another attack on the United States, and more than 400 terrorists have successfully been prosecuted and convicted -- prosecuted and convicted -- in federal court," Durbin said. "Why do we want to change this system when it's working so well to keep America safe? The fact that these detainee provisions have caused so many disagreements and such heated debate demonstrates the danger of enacting them into law."

Sen. Dianne Feinstein (D-Calif.), who added an amendment to the bill that specifies the resulting measure would not affect current law regarding citizens, argued that her provision provides protection for Americans.

Nevertheless, in voting for the bill, she also proposed a new bill that she, Durbin, Kirk and others intend to pursue later in hopes of making her interpretation the law.

"I strongly believe that constitutional due process requires that United States citizens apprehended in the United States should never be held in indefinite detention," Feinstein said. "That is what this legislation would accomplish."

Feinstein offered a similar amendment during earlier debate over the $662 billion defense bill, and it failed. It was not clear that this measure would do any better, although she noted that it built on a law signed in 1971 by President Nixon meant to curb abuses such as the internment of Japanese Americans in World War II.

The bill requires military treatment for foreign terrorism suspects. Defenders of the bill have pointed to one part of the provisions that say U.S. citizens are "exempted" from the requirement to be detained by the military, but legal scholars note that even though that detention is not required, it is allowed.

President Obama had threatened to veto the measure. But after provisions were added that gave him the final say over which suspects stay in military custody, he relented. Those provisions also ensured that the FBI and other law enforcement agencies would still be permitted to investigate and interrogate terrorist suspects. Mueller has called the provisions insufficient, warning that they will create bureaucratic roadblocks in the midst of vital investigations.

Obama could sign sign the bill as soon as Friday.

Civil liberties groups were infuriated that Obama retreated from the veto threat, and called on him to reconsider.

"The NDAA enshrines the war paradigm that has eroded the United States' human rights record and served it so poorly over the past decade as the country's primary counterterrorism tool," said Tom Parker, policy director of Amnesty International USA. "In doing so, the NDAA provides a framework for 'normalizing' indefinite detention and making Guantanamo a permanent feature of American life," he said, referring to a restriction in the measure on closing the Cuba prison for terror suspects.

"By withdrawing his threat to veto the NDAA, President Obama has abandoned yet another principled position with little or nothing to show for it," Parker said. "Amnesty International is appalled -- but regrettably not surprised."

Michael McAuliff covers politics and Congress for the Huffington Post. Talk to him on Facebook.

Copwatch and Anarchists help bring down Sheriff Joe; Homeland Security finally ends 287g with MCSO

My earlier post was critical that the US Department of Justice hasn't gone far enough to prosecute Joe Arpaio, but my Spacebook community reminds me that a lot of people helped move the feds to act as they did today, and that was no small piece of ground we just took. It led to the decision by Homeland Security to finally cancel the 287g agreement they have with the Maricopa County Sheriff's Office (MCSO), as noted below by Janet Napolitano. 

Without the work as well as the sacrifice of a lot of people - folks who don't put on body armor and guns, but have taken great personal risk nonetheless to document and fight our dear sheriff's crimes - today's DOJ ultimatum to Maricopa County never would have come. So, while I wish we were getting more from the feds (and sooner), I'm grateful to all those in this community that helped get us this far. 

Much of the evidence the DOJ and ACLU have against the MCSO - particularly in regards to their practice of racial profiling - was provided by people like Dennis Gilman and a fleet of observers with camcorders (organized by everyone from the unions to PUENTE) trained by Phoenix Copwatch (full of anarchists).  Props to the undocumented targets of racism, the UUs and black bloc(kers) alike who turned out for the protests when they were both big and small, to keep Arpaio's criminality and his incompetence in the public eye. Finally, thanks to all those journalists, (left and center) and bloggers who have helped amplify the voice of resistance out here, too, rather than just echo what comes out of the MCSO's propaganda machine.

So, relish this day and what comes of it; let's just not forget that the bigger picture without this one man - the capitalist, white supremacist patriarchy and prison industrial complex that have devastated so many lives and communities - will continue to exist long after he's history. Remember, too, that the DOJ is part of perpetuating tyranny as well...

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

Statement by Secretary Napolitano on DOJ’s Findings of Discriminatory Policing in Maricopa County

Release Date: December 15, 2011
For Immediate Release
Office of the Press Secretary
Contact: 202-282-8010

“The Department of Homeland Security (DHS) is troubled by the Department of Justice’s (DOJ) findings of discriminatory policing practices within the Maricopa County Sheriff’s Office (MCSO).   Discrimination undermines law enforcement and erodes the public trust.  DHS will not be a party to such practices. Accordingly, and effective immediately, DHS is terminating MCSO’s 287(g) jail model agreement and is restricting the Maricopa County Sheriff’s Office access to the Secure Communities program.  DHS will utilize federal resources for the purpose of identifying and detaining those individuals who meet U.S. Immigration Customs Enforcement’s (ICE) immigration enforcement priorities.  The Department will continue to enforce federal immigration laws in Maricopa County in smart, effective ways that focus our resources on criminal aliens, recent border crossers, repeat and egregious immigration law violators and employers who knowingly hire illegal labor.”

ARPAIO and the DOJ: We want a perp walk.

The DOJ just released a 22-page letter of findings, concluding that the practices of Joe Arpaio and the Maricopa County Sheriff's Office violate the 1st, 4th, and 14th Amendments to the US Constitution, Title VI of the Civil Rights Act, and Section 14141 of the Violent Crime and Law Enforcement Act. The feds threaten a civil suit to convince him to change his ways. It's just a letter, though, not an indictment - never mind the blood dripping from Joe Arpaio's hands. 

People have been harassed, detained, arrested, abused, and neglected to death in Arpaio's custody, and yet his treatment of them doesn't appear to be a criminal case - not yet, anyway. I "loitered" in a public park after the posted hours at a protest, though, and immediately did 18 hours in Arpaio's jail. I may face more time yet for my graffiti and activism on behalf of human rights, and he's taking campaign donations as if he's running for office again. Texas Governor Rick Perry even courted good old Sheriff Joe's endorsement for the 2012 Republican presidential ticket...that sure says a lot about Perry's character, doesn't it?

I assume that the letter of the DOJ's findings is addressed to Bill Montgomery, Maricopa County Attorney, because his office will represent the county against any suit the DOJ actually brings (Arpaio's office has a private attorney) - all parties will fight at our expense, of course. Then there are the individual civil suits against the county and Arpaio that will all be bolstered by this finding; And there's the $99 million that he "misappropriated"; this man is costing American taxpayers a fortune. 

What Arpaio's term in office has cost us, though, far exceeds the expense involved in both prosecuting and defending him - he also cost the public our safety through his harassment and by clearing real crimes by "exceptional" means. He pursued his racist agenda and employed discriminatory tactics chasing down "aliens" at the expense of solving child sexual abuse cases, rapes and homicides - is it any wonder that so many of the victims his office ignored were children of undocumented latinos?

For the harm he's perpetrated all of our communities - flagrantly violating human and constitutional rights in the process - I want to see that man prosecuted. He owes hundreds of millions of dollars in restitution to his victims and has done violence to people's lives, as far as I'm concerned, but right now the DOJ is just talking about "reform" and "remediation". Someday I hope we have no prisons, but until we come up with a better way to protect the public from racist, abusive and dangerous people, I want to see Joe Arpaio locked away by the feds, not put into outpatient rehab. We have far too many people locked up on drug charges to be squandering resources rehabilitating him. It's time to indict this Criminal Joe - and let our people go.

4th Avenue Jail, Phoenix
Chalk the Police Day 2011

-----from the US Department of Justice Civil Rights Division------

Investigation of the Maricopa County Sheriff's Office

In June 2008, the Civil Rights Division opened an investigation of the Maricopa County Sheriff's Office (MCSO) pursuant to the Violent Crime Control and Law Enforcement Act of 1994 and Title VI of the Civil Rights Act of 1964. Following a comprehensive investigation, on December 15, 2011, the Justice Department announced its findings that MCSO has engaged in a pattern or practice of misconduct that violates the Constitution and federal law. The documents on this page provide more information about the investigation, the Justice Department's findings, and next steps.

Findings Letter:

English   |   Spanish

PHX Anarchist Winter Assembly!

From our brothers and sisters with the Phoenix Anarchists:

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

Phoenix Anarchist Winter General Assembly Info Here!

December 7, 2011

By admin

December 17th – Downtown Tempe – The Fixx – 3 PM

Facebook Invite: Phoenix General Assembly

Twitter Hash: #phxanarchist

We will have discussion, food and social events after!

During this time of crisis it is essential that we get together to formulate strategy, have debate and plan for an ever increasing uncertain future. Our ideas are spreading faster than ever, let’s fan the flames!

Proposed topics with more to come include:

- Anarchism, The Global Crisis and Resistance
- Items to act on such as teach ins, social events, demonstrations
- Looking towards to the future, a participatory discussion on what may be coming down the road

We invite all anarchists to come, endorsers so far include:

The Phoenix Class War Council (firesneverextinguished.blogspot.com)
Anarchist Anti-Authoritarian Caucus (At Occupy Phoenix)
www.phoenixanarchist.org

Message us to add your group. Please spread the word through fliers, texts, face to face and any other means available.

Attica guards conspire, assault prisoner

Art by Lawyer Johnson,who created this piece 

while he was wrongfully imprisoned

(from website of the law offices of Howard Friedman)

  -------------from WIVB.com----------

 

4 guards charged with assaulting inmate

WIVB.com Channel 4 (Buffalo, NY)

Updated: Tuesday, 13 Dec 2011, 5:17 PM EST
Published : Tuesday, 13 Dec 2011, 3:46 PM EST

ATTICA, N.Y. (WIVB) - Four corrections officers at the Attica Correctional Facility have been indicted on charges they conspired to and assaulted a prisoner.

The Wyoming County District Attorney's office has charged Keith Swack, 37, of Corfu; Sean Warner, 37, of Belfast; Matthew Raddemacher, 29, of Wyoming; and Erik Hibsch, 28, of Gainesville have been charged with first degree gang assault, fourth degree conspiracy, tampering with physical evidence, and official misconduct...

                                                read the rest at WIVB: 

http://www.wivb.com/dpp/news/crime/4-guards-charged-with-assaulting-inmate

Occupying, Anarchism, and Living Utopia...

The link to this documentary was posted tonight to a Spacebook discussion covering anarchism and the Occupy Movement. You'll need about an hour and a half for it, and patience for English subtitles (it's in Spanish) but it's well worth watching for those really interested in anarchy, history, and revolution.

Another AZ Regent profits from prisons: DeConcini and CCA

I posted details on the whole CCA board awhile ago, but this one bears repeating DeConcini is also (in addition to  Anne L. Mariucci) on the AZ Board of Regents, and will help select the next University of Arizona president...

---from Corrections Corporation of America---

 

Dennis DeConcini

Dennis DeConcini, the former U.S. Senator from Arizona, was elected as an independent member of CCA's Board of Directors in February 2008. Senator DeConcini currently serves as a Director of Ceramic Protection Corporation, a publicly traded company listed on the Toronto Stock Exchange.

He is a partner in the law firm of DeConcini McDonald Yetwin and Lacy in Tucson, Arizona, which he co-founded in 1968. DeConcini also is a Principal in the lobbyist consulting firm Parry, Romani, DeConcini & Lacy P.C. in Washington, D.C. Senator DeConcini served three terms, from January 1977 through January 1995, representing the State of Arizona in the United States Senate. As Senator, he served on the Senate Appropriations Committee, where he chaired the Subcommittee on Treasury, Postal Service and General Government.

He also served on the Subcommittees of Defense, Foreign Operations, Energy and Water Development, and Interior and Related Agencies. Prior to his service as a U.S. Senator, DeConcini served one elected term as the County Attorney for Pima County, Arizona.

He also is a member of the Arizona Board of Regents, a position to which he was appointed in 2006 by Arizona Governor Janet Napolitano, and serves on the Board of Directors of the National Center for Missing and Exploited Children.

Senator DeConcini received his B.A. from the University of Arizona in 1959 and his L.L.D. from there in 1963. He also is a member of the Arizona Board of Regents, a position to which he was appointed in 2006 by Arizona Governor Janet Napolitano, and serves on the Board of Directors of the National Center for Missing and Exploited Children. Senator DeConcini received his B.A. from the University of Arizona in 1959 and his L.L.D. from there in 1963.

 -----------from the Tuscon Citizen-----------

Here's the Tucson Citizens' Three Sonorans' reporting on the significance of DeConcini's role on the AZ Board of Regents from August: 

UA Presidential search committee headed by CCA board member and former SALC president

by DA Morales on Aug. 16, 2011, under Immigration news

The puzzle becomes clearer as more pieces are put together.

One co-chair of the UA presidential search committee is the former SALC president, and the other is a board member of CCA, the Corrections Corporation of America, member of ALEC and one of the groups behind SB1070.

Arizona’s plan for the future seems to be less education funding and more prison funding. We knew this was true of the Republicans, but also of the Democrats?

Consider Arizona’s former Democratic Senator, Dennis DeConcini, who has the Border Patrol’s port of entry in Nogales named after him.

Corrections Corporation of America, the nation’s largest provider of corrections management services to government agencies, announced today that Dennis DeConcini, the former U.S. Senator from Arizona has been elected as an independent member of CCA’s Board of Directors.
“Senator Dennis DeConcini has a distinguished career serving the state of Arizona and the U.S. government,” said William F. Andrews, chairman of CCA’s Board of Directors. “We are extremely pleased to bring Dennis onto our Board. His extensive knowledge and understanding of government, coupled with his experience with other directorship positions, make him ideally suited to help lead management’s initiatives to enhance government’s utilization of public/private partnership in corrections.”

The press release goes on to say:

Senator DeConcini, age 70, is a partner in the law firm of DeConcini McDonald Yetwin and Lacy in Tucson, Arizona, which he co-founded in 1968. DeConcini also is a Principal in the lobbyist consulting firm Parry, Romani, DeConcini & Lacy P.C. in Washington, D.C.

The law firm may look familiar as it is the same law firm that TUSD has hired to defend it against Huppenthal’s ruling which demands the immediate end of Ethnic Studies in Tucson or else TUSD will be faced with 10% budget cut.

Talk about a win-win situation. If the appeal goes down, the likelihood of making more profits for the largest private prison corporation in America increases, and Dennis DeConcini still wins.

Respected Arizona Democrats on the board of CCA, the Arizona Democratic Party having a policy of staying silent on SB1070 and immigration… makes you wonder if it really is a two-headed beast.

JOE ARPAIO PETITION: TIME TO RESIGN

(better yet, let's see him indicted in office...)

4th Avenue Jail, PHOENIX 

chalk the police day, 2011

 

 

In case the DOJ doesn't come through with any of their indictments, please support this Change.org petition for Joe Arpaio to resign as Maricopa County Sheriff - just keep in mind that if he doesn't leave after getting it
(copies go to him and the County Board of Supervisors), he'll still have insane power as well as all of our names...

I signed it anyway. Go for it if you dare.


"Demand the resignation of Joe Arpaio"

"As Maricopa County Sheriff, Joe Arpaio has failed to protect the public and carry out his duties as an elected official in a Constitutional manner. The latest disclosure that MCSO failed to investigate hundreds of sex-crime cases involving children is just one in a long list of atrocities that have taken place during Arpaio's 20 years in power.

Too many people have died in Arpaio's jails, too many citizens' Constitutional rights have been trampled, too many people have been forced to live in fear of retaliation for daring to challenge the Sheriff's policies. Now is the time to end this reign of terror, abuse and willful disregard for the Arizona and United States Constitution.

It's time for Sheriff Joe Arpaio to resign."


                              Sincerely,

CRAZY ENOUGH TO SIGN

AZ Regent elected to CCA Board of Directors

AZ Regent Anne L. Mariucci
For education or incarceration?

Something's wrong with this picture; this is really troubling. It would seem to be a conflict of interest to be on the Arizona Board of Regents while also serving on the board of one of the largest for-profit incarcerators in the world. How can anyone truly committed to higher education not have a conflict with the private prison industry? Hasn't she heard of the school-to-prison pipeline?

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

WALL STREET JOURNAL - Market Watch

press release

Dec. 9, 2011, 9:00 a.m. EST

Corrections Corporation of America Elects Anne L. Mariucci to Its Board of Directors

NASHVILLE, TN, Dec 09, 2011 (MARKETWIRE via COMTEX) -- CCA (Corrections Corporation of America) CXW +3.36% , America's leader in partnership corrections and the nation's largest provider of corrections management services to government agencies, announced today that Anne L. Mariucci has been elected as an independent member of CCA's Board of Directors.

"We are very pleased to announce Anne Mariucci as our newest board member. CCA is strongly committed to finding the best people to lead our company and help our industry become an increasingly valuable component of our nation's corrections system," said John Ferguson, chairman of CCA's Board of Directors. "Anne brings a significant amount of real estate knowledge and expertise as well as a strong financial background. I believe her experience, vision and leadership will provide a unique perspective and make her well suited to help oversee management's initiatives and will benefit our organization for years to come."

Ms. Mariucci spent the majority of her career in the large-scale community development and home building business. Anne was employed by Del Webb Corporation from 1984-2003 and served in a variety of senior management capacities, including serving as President following its merger with Pulte Homes Inc., which created the nation's largest homebuilding company. Since 2003, Ms. Mariucci has been affiliated with the private equity firms Hawkeye Partners (Austin, Texas), Inlign Capital Partners (Phoenix, Arizona), and Glencoe Capital (Chicago, Illinois).

Ms. Mariucci received her undergraduate degree in accounting and finance from the University of Arizona and completed the corporate finance program at the Stanford University Graduate School of Business. She presently serves on the Arizona Board of Regents, and is its immediate past-chairman. She also serves as a director of Southwest Gas Company, Scottsdale Healthcare, Arizona State University Foundation, and the Fresh Start Women's Foundation. She is a past director of the Arizona State Retirement System and Action Performance Companies, as well as a past Trustee of the Urban Land Institute.

About the Company

Corrections Corporation of America is the nation's largest owner and operator of privatized correctional and detention facilities and one of the largest prison operators in the United States, behind only the federal government and three states. We currently operate 66 facilities, including 41 company-owned facilities, with a total design capacity of more than 90,000 beds in 19 states and the District of Columbia. We specialize in owning, operating and managing prisons and other correctional facilities and providing inmate residential and prisoner transportation services for governmental agencies. In addition to providing the fundamental residential services relating to inmates, our facilities offer a variety of rehabilitation and educational programs, including basic education, religious services, life skills and employment training and substance abuse treatment. These services are intended to reduce recidivism and to prepare inmates for their successful re-entry into society upon their release. We also provide health care (including medical, dental and psychiatric services), food services and work and recreational programs.

CCA takes no responsibility for updating the information contained in this press release following the date hereof to reflect events or circumstances occurring after the date hereof or the occurrence of unanticipated events or for any changes or modifications made to this press release.

Image Available: http://www2.marketwire.com/mw/frame_mw?attachid=1826665