THIS BLOG is NOW RETIRED

I began this blog in May 2009 following the death of Marcia Powell at Perryville State Prison in Goodyear, Arizona. It is not intended to prescribe the path that leads to freedom from the prison industrial complex.

Rather, these are just my observations in arguably the most racist, fascist, militaristic state in the nation at a critical time in history for a number of intersecting liberation movements. From Indigenous resistance to genocidal practices, to the fight over laws like SB1070 and the ban on Ethnic Studies, Arizona is at the center of many battles for human rights, and thus the struggle for prison abolition as well - for none are free until all are. I retired the blog in APRIL 2013.

Visit me now at Arizona Prison Watch or Survivors of Prison Violence-AZ
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Showing posts with label forrest day. Show all posts
Showing posts with label forrest day. Show all posts

Sunday, June 3, 2012

Ortega: AZ Prison suicide attempts still on the rise.




Kini Seawright at the Herberger's Stage Door 
February 20, 2012


Even I didn't know about some of the reported circumstances surrounding these prisoner deaths below. Thanks, Bob Ortega and the other folks who care about human rights and human life at the AZ Republic, from myself and the many families devastated by these (and far too many more) AZ prison suicides under the administrations of Chuck Ryan and Jan Brewer. I think we're stuck with Brewer for the rest of her term, but it's way past time for Ryan to go.


Here's the moving slideshow of prisoners put together by the AZ Republic for this series...check it out at the source.

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

Critics: 'Maximum security' a factor in prison suicide rate 

Bob Ortega
Arizona Republic
June 2, 2012

Nearly every day, an inmate in an Arizona prison attempts suicide. In the past two years, 19 succeeded.

Among those who died:

Otto Munster hanged himself with his shoelaces while in solitary confinement.

Tony Lester slashed his throat, arms and groin with a razor blade he wasn't supposed to have because he was categorized as mentally ill. He bled to death.

Rosario Rodriguez-Bojorquez killed himself while in solitary after being denied a request to be moved to protect him from other inmates.

Duron Cunningham killed himself six days after Rodriguez-Bojorquez, while in solitary in the same unit, also after being denied a move into protective segregation. He had been raped and assaulted, according to prison reports.

Karot Phothong hanged himself with a bedsheet while in solitary confinement, or "maximum security," the term used by the Arizona Department of Corrections.

Corrections data and internal reports obtained by The Arizona Republic show 470 attempts by inmates to harm themselves or commit suicide in the 11 months through the end of May. Self-harm includes inmates slashing their arms, swallowing razor blades, repeatedly banging their heads against the wall and similar incidents.

The result: Arizona's official prison-suicide rate was 60 percent higher than the national average for the past two years, according to federal Bureau of Justice statistics.

A majority of the suicides -- 11 -- involved inmates locked in maximum security, where they are kept alone in windowless units with the lights on 24 hours a day and are allowed to leave their cells only a few times a week to shower or exercise by themselves.

While more than half of the suicides in Arizona prisons were by inmates in maximum-security solitary confinement, "max" inmates make up less than 9 percent of the total prison population of about 40,000.
Corrections officials defend the use of maximum security, saying it's necessary to protect inmates and maintain order.

But academic and human-rights critics believe the suicide figures reveal a problematic use of solitary confinement. They attribute Arizona's high suicide rate to three overlapping practices: the use of solitary confinement to house mentally ill prisoners, inmates who are unruly rather than violent and inmates who may be targeted by other prisoners.

"High rates of suicide in solitary units is a widespread problem; that's why many states no longer house mentally ill inmates in solitary," said Craig Haney, a psychologist at the University of California-Santa Cruz who studies the effects of incarceration. "The severity of the conditions in those units ... most mentally healthy people who go in are adversely affected. People can become so despairing, so desperate that they take their own lives."

Solitary as discipline

 

Arizona puts more prisoners in solitary for longer stretches than most states and the federal government. While many Arizona inmates are in maximum security because they are violent and present a threat to staff and other prisoners, 35 percent of the inmates currently in max were imprisoned for non-violent crimes, according to the state's own data. Corrections officials routinely assign non-violent prisoners to maximum security for disruptive behavior or for violating minor rules.

Carl ToersBijns, a retired deputy warden who served at Eyman state prison, among other places, said that maximum-custody units are filled with people put there because of repetitive misconduct. He said they should be placed in treatment programs instead.

"If a deputy warden finds you to be problematic, they can manufacture a packet to place you in max custody for 12 months. It's a year's review, and central office rarely goes against a warden's recommendations," he said.

That's how many mentally ill inmates wind up in maximum security -- because they can't control their behavior, says Stuart Grassian, a psychiatrist and former Harvard Medical School professor who has spent decades studying the effects of solitary confinement.

In Arizona, inmates sent to solitary for breaking rules have to show they can behave before they are allowed to get out. But this approach "is based on a false premise," says Grassian. "It's based on the notion that inmates in solitary can rationally calculate risks and benefits, that if you give them enough negative consequences they'll change their behavior in a positive direction. But the people who end up in solitary are precisely the least likely to be able to respond rationally."

Solitary "is a shortsighted, expedient approach to prisoner management," he said. "It's expensive; it's risky; and I don't believe there's a sufficient correctional justification for its use."

Many longtime correctional officials defend maximum custody and solitary as necessary to control dangerous or troublesome inmates. Ben Shaw, director of mental-health programs for Arizona's Department of Corrections, says that being in maximum custody doesn't in and of itself cause any decline in mental functioning.

Grassian disagrees. "Many people who didn't have a mental illness become psychotically ill as a result of being incarcerated in solitary confinement," says Grassian. And those who are already mentally ill become worse, he notes.

Haney said that inmates in solitary confinement can become more violent and less able to control themselves -- and more of a danger to the public when they're released.

An inmate's mental condition is usually established by the time he or she enters prison. Otto Munster, for example, was arrested for armed robbery in March 2011, and underwent three psychiatric evaluations before being deemed competent to enter a plea. At his sentencing, Maricopa County Superior Court Judge Cari Harrison recommended that Corrections provide Munster with substance-abuse and mental-health treatment. Corrections officials declined to say whether Munster received treatment. He killed himself five months into a five-year prison sentence.

Many states, from California to Mississippi, no longer place mentally ill inmates in solitary because of what the clinical data shows about its impact and often because they stopped the practice to settle lawsuits.
In a suit filed in federal court March 6, a coalition of human-rights groups, including the American Civil Liberties Union, accuses Arizona's Department of Corrections of "gratuitous cruelty" in its use of solitary confinement. The suit seeks to restrict the use of solitary, particularly for minors and the mentally ill.

 

Effects of solitary

 

Those who have been held in isolation say it's hard for those who haven't to understand its impact.

Sarah Shourd, who spent 14 months in isolation in Iran's notorious Evin prison after being seized at the Iraqi Kurdish border with two other American hikers in 2009, said in recent interviews that in her small cell she suffered from insomnia and panic attacks and would lose control, screaming and beating the walls, unaware of what she was doing. Two years later, she still struggles with the psychological aftermath, finding crowds or loud noises unbearable. She has become an adamant foe of the use of solitary confinement, which she calls degrading and inhumane.

"When I got out I was shocked to find that the U.S. had more people in solitary confinement than any other country," she told writer James Ridgeway. "And in this country it is used routinely as an administrative practice, not as a very last resort, which is how it should be used."

Two-thirds of Arizona prisoners in solitary are held at Eyman state prison, in Florence. Former inmate Ruben Bermudez has done two stints in solitary there -- the first when he was 16. He recalls vividly his time in a windowless cell with nothing except a box of letters from his family.

"There was s--t splattered all over my cell and it never got cleaned up," he said. "You don't ever see the outside. You don't see anything, night after night and day after day. ... I was hiding under my bed, crying, flipped out, having nightmares. You just stare at things. I would pace back and forth, back and forth. ... I was having panic attacks. You have nothing. You get one book a month. You go nuts just staring at the walls."

In many cases, disciplinary charges will land an inmate in solitary. Most often, such charges are for refusing an order to share a cell with a particular inmate, says prisoner-rights advocate Margaret Plews, who has spent years tracking Arizona inmate deaths. She said inmates who fear for their lives in the general inmate population will often deliberately rack up disciplinary charges.

That fear can stem from gang affiliations, or the lack of an affiliation and the protection it can provide. When an inmate asks for "protective segregation," the standard procedure is to put that person in a solitary detention unit while the request is considered.

That's where Munster was when he killed himself. It's also where inmates Rodriguez-Bojorquez and Cunningham were when they committed suicide within days of each other in September 2010 at the Florence state prison.

According to another inmate, Rodriguez-Bojorquez had recently been denied protective segregation when he killed himself. Cunningham was seeking protective segregation after being assaulted and raped, according to his mother.

Corrections officials didn't respond by deadline to queries about the case.

Inmates who attempt to harm themselves, or even talk about it, are placed in isolation in watch cells where they are supposed to be checked on at least every 30 minutes, in some cases every 10 minutes, or even kept under continuous observation.

ToersBijns, the retired deputy warden, said that many officers "go above and beyond in dealing with very challenging conditions, and save lives; but you also have officers who go off and spend time in the office when they're supposed to be on suicide watch."

Some inmates need to be protected from themselves; some need to be protected from others. Jesse Cabonias, 49, hanged himself last July in a porter's closet at the Lewis state prison. Due to a miscount by officers, no one noticed him missing for seven hours. Other inmates told a Corrections investigator that Cabonias had been repeatedly raped by a cellmate. The autopsy showed methamphetamine in his system at the time he died. He had previously requested and been denied protective segregation.

Forrest Day, 19, was serving a 3.5-year sentence for child abuse, after her infant son drowned when she left him in a tub unattended when she was 16.

She used her shoelaces to hang herself at Perryville state prison on Jan. 27. Her father, James Day, reported to the Maricopa County medical examiner that shortly before she died, Forrest Day told him officers were forcing her to have sex with them. The medical examiner's spokesman, Mike Molzhon, said the examiner took genital swabs and turned them over to a Corrections Department investigator for testing but the department did not test the swabs.

Corrections spokesman Bill Lamoreaux said, "Nothing in the investigation or autopsy showed that a sexual assault occurred."

He declined to say whether investigators contacted James Day or interviewed other inmates or officers about the allegations. James Day couldn't be reached for comment.

More units planned

 

Arizona has long been more aggressive than most states in its use of solitary confinement.

In 1987, Arizona built the first prison designed from scratch for permanent lockdown, one that would become the prototype for "supermax" solitary-confinement prisons around the country: the SMU 1 ("special management unit") at Eyman state prison. It has no windows, no recreation yard, no common rooms. The perforated steel fronts and doors of the cells allow prisoners to be handcuffed while locked in their cells; each small "pod" of cells is monitored centrally, with fewer correctional officers than older prisons. Inmates exercise alone in a windowless concrete pen.

Haver, Nunn and Colamer, the Phoenix architectural firm that designed the prison, trumpeted it in the industry magazine Corrections Today as a living example "of how tomorrow's maximum-security prisons will be designed." The firm won contracts to build California's similar Pelican Bay prison and many others. A supermax building boom followed. By 1999, similar prisons sprang up in 30 states; by 2005, in 40 states. Arizona soon expanded SMU 1 and built a second SMU, now called the Browning Unit, at Eyman.

Corrections Director Charles Ryan plans more isolation units: Next year's state budget includes $20 million to begin constructing another 500-bed maximum-security unit, at Lewis state prison. It's expected to cost $50 million to complete.

Despite the ACLU lawsuit in March, and an April report by Amnesty International charging that Arizona's use of solitary violates international human-rights treaties, Corrections officials have rejected any calls to change how they classify and assign inmates.

Last fall, the Department of Corrections said it gave six hours of training in how to recognize and prevent suicides to 8,806 staff members. The training advised staff to take all suicide threats seriously and not to "dare the inmate to try it." Staff were also given guidance on what to do in instances of hanging or cutting, the most common methods inmates use to harm themselves.

The training followed a lawsuit filed by the family of inmate Tony Lester, a mentally ill inmate housed in a two-man cell at the Tucson state prison who bled to death in July 2010 while correctional officers stood outside his cell for more than 23 minutes. Orlando Pope, one of those officers, said he'd never been trained in how to apply pressure to a wound.

The Lester family is seeking $3 million.

On May 17, the U.S. Department of Justice announced new national standards that call for restricting the use of solitary- and maximum-custody units for inmates who ask for protective custody. Ryan said his department will respond to those standards within the required 14 months.

Ryan also says "boots on the ground" help prevent suicides and said Corrections will add 103 correctional-officer positions next fiscal year, on top of 306 positions restored this year and last after deep cuts in the mid-2000s. He sees evidence of success in the decline in successful suicides so far this fiscal year -- to six, from 13 last year.

The actual number of suicides both years is almost certainly higher. The state's figures don't include 10 deaths that the department lists as still under investigation, or eight other deaths in which inmates died at their own hands but that Corrections has deemed "accidental."

Meanwhile, the number of self-harm and suicide attempts continues to rise, from 449 last fiscal year to 470 in the first 11 months of this fiscal year.

Reach the reporter at bob.ortega@arizonarepublic.com.

Sunday, February 5, 2012

Family unfit for being poor: AZ CPS.

I've been looking a lot these past few weeks at what happens to young women - girls, in some cases - who are prosecuted for murdering their children because they were too immature to care for them, or they were in a battering relationship and didn't protect their child from the actual abuser in time to save them. They are vilified and charged with abuse or homicide when they do seek help (even when it's apparent they weren't the perpetrator), yet imprisoned for murder when they fight back and kill their abusers instead.

These women have gone to prison for very long periods of time when their children are hurt or die, even those who were children themselves - and therefore victims of sexual abuse - when they conceived their child, like Forrest Day. Forrest was prosecuted as an adult at 16 for her 8-month old child's accidental drowning, and recently killed herself doing time for abuse in the AZ women's state prison, Perryville. She was 19 when she died.

Women are disproportionately prosecuted in "failure to protect" cases - even while many of those women are themselves being victimized by the same perpetrator of the child's abuse, and initiate the contact with emergency services to bring them help. Very seldom are fathers ever prosecuted for failing to protect their children from the mother's abuse, though - and how often are men the victims of women in violent relationships? Yes it happens, but not to the same extent.
Anyway, this article below really struck me today because any woman who gets her kids taken away by Child Protective Services - or turned down as a possible placement - is immediately suspect in our society. They sure don't get support from mainstream media like this, which usually defers to the state version of a person's life and character. Never mind the horrific situations in foster care and adoption that the state has helped put those kids into that they do manage to "rescue" from incapable or abusive parents.  

Here's a case, though, where a drug-addicted mother lost her parental rights, and her 2 year old child was taken by CPS even though family wanted to take him instead. Their reasoning had nothing to do with the fitness of the grandmother or aunt as caregivers, though - it appears to be simply because they are poor. 

What???

Yes, because they are poor. In a state where 20% of all children are going to bed HUNGRY. Not only are all the other poor kids not being taken away from their loved ones, but they're getting hurt even more by the state through cutbacks to subsistence programs and education, and regressive sales taxes on essentials like food. Poverty, you know, is violence, too. Hunger hurts.


I left my own comment at azfamily.com, after this article, suggesting that people email Mesa Representative Cecil Ash, Chair of the House Health and Human Services Committee, to see what he can do from his end to look into this. His contact info is cash@azleg.gov / (602) 926-3160, if anyone else wants to drop him a note too.


--------from azfamily.com---------


Family grieves after child is taken by CPS



by Kristine Harrington
azfamily.com
Posted on January 13, 2012 at 5:45 PM
Updated Saturday, Jan 14 at 1:26 AM 


PHOENIX -- They are the cases that tug at the heart, children torn away from their families because Child Protective Services (CPS) believes their living conditions to be unfit.

It's the struggle one Arizona family is trying to cope with right now, losing a young family member, and they say it isn't fair.

Devon Cone is 2 years old.

“Devon is very close to all of us, he's very close to his brothers,” said his aunt, Cari Cone. “We are a very close family. We have all these kids. They are all happy, every single one of them is happy.”

Devon's mom is a drug addict who lost custody of all her children. Her three older boys were all adopted by their maternal grandma years ago. Then came Devon, who turned 2 last week, but his grandma, Mary Boland, was denied Devon.

“I have not slept for days, I have not slept for days,” Boland said.

Cone said she would take him but being unemployed she said CPS denied her, too.

“They told me the reason why is that I don't have the money to take care of him so I said are you going to take my kids too because I don't have the money, but the CPS worker said no,” she said.

That's when Devon went to live with his uncle more than a year ago.

“That's who he thinks is his daddy,” Cone said.

And that's who would be his adoptive daddy, but CPS won't allow it and no one is sure why.

“They are using the excuse that Tracy, my father's ex-wife from 20 years ago, is a better fit,”  Cone said. “
But she is in New Jersey.”

CPS will not comment on this case specifically but says family reunification is their goal, but it doesn't always work out.

“We want to look at a child as an individual. A child may not be a fit with the family. There may be someone else who's a better fit for the child,” said Deidre Calcoate, an adoption manager with CPS. “We would talk to the family and help them understand why the child was not placed with them.”

Whatever the reason, it is impossible for all these broken hearts to understand.

“I want my brother, I want my brother to stay with us,” cried one of Devon's brothers.

Of course, custody battles are always heartbreaking and costly. Still this family plans to fight and hopes to bring Devon home someday.

---------from the comments section------



Cari Cone

This is my newphew he is and will always be loved by this entire family. He has been in our lives for 2 years and have made everyone of us smile. He is VERY LOVED and there is nothing wrong with our family other than showing the love we all have for each other. My Mom has rasied 3 of her own children and now is raising 3 of her grandchildren that all have been loved since the day they were born. My mom has been raising my oldest newphew since he was a year old and has had all 3 of the boys pretty much since birth. Devon lived with his Mom for a very short time as a small infant and was with my mom from about 5 months till he was 13 months and my brother has had him since. This is a VERY LOVED BABY and we will fight CPS and the AZ COURTS till we get Devon back. My sister lost her rights.... The rest of the family will FIGHT to have the RIGHTS WE DESERVE! Thank you to all that are here for us and praying for our family.....

Saturday, January 28, 2012

Perryville Prison Deaths in Custody: Forrest Day, 19.

UPDATED 2/2/2012:  

The answers to those of my questions below which can be derived from criminal and court records are in this new article by the Arizona Republic. I'm choosing not to re-print it here because the article positions Forrest's behavior problems in a way that seems to justify her being sent to prison in the first place...like she was just a "bad girl". I don't accept that premise. She acted out the way children do when troubled...and troubled children, in my book, do not belong in adult prison.

So, if you plan to contact either the judge or prosecutor in this case, do check out the AZ Republic article linked to above to see just the surface of what they were looking at, through the eyes of the criminal justice system. Before you make up your mind what to write, though, read the note below from this friend of Forrest's family as well...

    

  Forrest Day, at 16.


UPDATED (9/31/12): 

At the age of 16, despite being too young to be trusted to drink, drive, smoke, vote, or even get away with skipping school, Forrest Day was prosecuted as an adult for the death of her 8 month old baby. As recounted in the article below, she put her son in the bathtub then got distracted elsewhere in the house by writing poetry - behavior characteristic of a child. It's not even as if she went out partying and left him home alone, beat or shook him, or even filled up the tub.

It doesn't appear that Forrest was even accused of intending to hurt her child. You don't have to will a person harm in order to be charged with negligent homicide, of course, though I suspect they hit her so hard to begin with in order to coerce her into a plea deal on the felony child abuse charges - which I also think were a stretch in this circumstance. 

This case may not be entirely a matter of Andrew Thomas' office overreaching again, though. It looks like the state law requires prosecutors to file charges in adult court when certain felonies and violent crimes are involved - when that happens, though, it appears as if that court then has discretion over where the case is heard.

In any event, Forrest's prosecutor was Suzanne E. Cohen. Her office with the Maricopa County Attorney is at: 301 W. Jefferson St., Phoenix, AZ 85003. She's just applied to be nominated as a judge, so this would be a good time to write to her about her take on charging children like Forrest as adults (according to the DOJ's research, it doesn't reduce crime). She just helped prosecute the Baseline Killer and got a few death sentences, so there's a good chance she could end up on the Superior Court bench in the next couple of years. 


Forrest was sentenced to probation, and then to prison, by Michael Kemp, a judge from Juvenile Court. I can't tell from the records who actually made the decision to let the state prosecute her as an adult, though. If you have questions about why he did what he did and what he thinks about charging children like her as adults - kids with no criminal record or intent - direct them to him. He can be reached at:
 
Northwest Regional Center (NW)
14264 W. Tierra Buena Lane
Surprise, AZ. 85374
(602) 372-9400


Within less than 6 months of being charged, facing decades in prison if convicted on both counts, Forrest pled guilty to class 3 felony child abuse. Here's the news article on her plea. In return, the state dropped the homicide charges and she was sentenced to 7 years of probation; upon entering her plea she was sent home with her parents and essentially ordered, ironically, to resume the life of a "normal" teenager. 



For those of you who have never been on probation or parole, it's not as easy as you may think to abide by. Forrest violated hers within a year, just before her 18th birthday. I don't know what she did to get into trouble with the court - she apparently wasn't charged with a new crime. She did get pregnant again, though, and wanted to keep her unborn daughter - forbidden by the judge. She was only allowed to see her at the hospital once she was born.

Forrest was committed to the custody of the AZ Department of Corrections on November 10, 2010, soon after having her second child. For breaking her probation, Kemp gave her 3 1/2 years in state prison on the original child abuse conviction. For neglecting her child at the age of 16, the rest of us condemned her to live - and die - with the guilt and stigma of killing her son as if she had intended to. We just can't seem to dole out enough punishment in Arizona to satisfy the electorate here, and it looks like we're letting the legislature get away with refusing to address sentencing reform again this session, so we do share some responsibility here...


Sadly, Forrest committed suicide on January 27, 2012 at Perryville Prison on the maximum security yard, Lumley. She was only 19 years old. Hers was one of three prison suicides last week, in fact; she was the youngest. Our condolences go out to Forrest's parents and other loved ones. I can't think of anything more devastating than surviving the loss of one's child.

This weekend a friend of Forrest's family left a comment at the bottom of another post, speaking to the beautiful soul she knew her to be, that is better placed here: 


-------------from Arizona Prison Watch--------------


Tina Schwindt has left a new comment on your post "Criminal Damage and Deaths in Custody: Letter to t...":

"I am a close personal friend of the Day family and I want to thank you for trying to bring this tragedy to the people's attention. Forrest wasn't a bad person, she had a lapse in judgement, just like millions of other 16 year old kids do every day. She was funny, kind, loving, artistic and so much more. I believe that the state wanted to use her as an example to other young mothers and it backfired horribly. This young girl never should have been put behind bars in an adult prison with the women who actually committed murder freely and willingly. She did not take her babies life intentionally, it was just a horrible accident. 

Accidents happen every day to a multitude of people, for instance the mother whose 2 year old baby got out of the house 4 years ago and tumble onto Thomas road and was hit and killed by a car. The mother had several children and didn't notice the baby gone until it was too late, but she never got charged for any crime. 

I want people everywhere to know that Forrest was an amazing young woman who wanted to go to culinary school to make her life better, but she will never get that opportunity now. I also wanted to say that Forrest gave birth to a beautiful baby girl right before she was incarcerated and the baby is the spitting image of her mommy. The family has custody of the baby, and I can only imagine that they feel very blessed by this wonder born from tragedy. Thank you so much for letting me speak my mind. You are doing a wonderful thing here!"


 
----------from the Arizona Republic archives (2009)--------
 

Police: Teen mom was writing poem when baby drowned






A 16-year-old Avondale girl facing felony child abuse and negligent homicide charges was distracted by writing poetry while her 8-month-old son drowned in the bathtub, according to a police report.



Forrest Day, pleaded not guilty at her arraignment Wednesday, following her indictment on April 23. Day will be tried as an adult and is due back in court June 18.

 

Day's son, Elijah James Day, drowned about 3:30 p.m. Feb. 21 after she set him down in the bathtub, turned the water on with the drain unplugged and left the room, according to the Avondale police report.



Day told investigators she was looking for a towel but got sidetracked with poems she was writing, the report states. After checking on Elijah after about five minutes, she said she went into her bedroom, saw her poetry book and started reading some old poems. She said she was gone for about 20 minutes this time.


Day said she went from her room to the living room, to her sister's room, and then outside on the back porch trying to find a quiet place to write. She eventually went into her parents' bedroom and closed the door behind her, according to police documents.


Day's 9-year-old brother and his friend were playing video games in the living room when the friend heard the water running in the bathroom and told her brother. Her brother went to the bathroom and found Elijah floating face down in the water.


He pulled him out of the water and yelled for his sister, the report says. Day tried CPR but when it didn't work, she took him across the street to a neighbor's house. The neighbor called police and administered CPR until police arrived.


Elijah was unresponsive to attempts to revive him, according to the report. He was airlifted to St. Joseph's Hospital and Medical Center in Phoenix, where he was pronounced dead at 4:36 p.m.



Day was "hysterical and crying," the report states. She told police she gave Elijah a bath almost daily but this was the first time she left him alone in the bathtub.


She faces one count of Class 2 felony child abuse, a dangerous crime against children; and one count of negligent homicide, a Class 4 felony.