BRUTALITY WATCH: KEVIN GERSTER, MCSO Detention Officer.

UPDATE (10/20/11):

Gerster's Sentencing

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NEXT HEARING: Comprehensive Pretrial Status Hearing (a plea could be ebtred here folks - tun out for the hearing if you can this week!

THURSDAY, June 9, 2011 8:45am

Maricopa County Central Court Building
(W. Jefferson St.); Judge Verdin.

The Comprehensive trial management conference was to be held today (May 18, 2011), but everything that occurred was done up at the bench, where the public couldn't witness it or determine what was said in the transcripts.

That was likely because I had been protesting loudly outside before the hearing, confronting Gerster when he arrived. All I was able to catch Judge Verdin saying to his attorney, who requested that they approach, was "this is a delicate situation."

I believe they are buying time for people to forget what he did to us; chances seem very good that the Maricopa County Attorney is about to offer him a deal. The upcoming trial was cancelled in anticipation of that.

Please contact Bill Montgomery's office and urge that this officer's prosecution be made visible and transparent to the public, as he violated us all with the abuse of his office and the assaults on his prisoners.

Please also complain that Gerster assaulted at least two "VULNERABLE adults" in custody (making him a repeat, violent offender), should have been charged with class 2 (not 6) felonies for that, and must not be allowed to walk with anything less than felony charges and jail or prison time if they give him a deal.

Put your concerns in writing ASAP to:

Mr. Bill Montgomery
Maricopa County Attorney
301 W. Jefferson St. PHX 85003

I'd appreciate copies of your letters to post publicly. Send them to:

Peggy Plews / PO Box 20494 /PHX, AZ 85036

Please also express your continued outrage over the conduct of MCSO officers (and the dismissal of charges against officer Alan Keesee, who was also seen on video assaulting Gerster's victim) to:

Editor, Arizona Republic / P.O. Box 1950 /Phoenix, AZ 85001

MCSO Brutality update: Kevin Gerster and William Hughes

UPDATE (10/21/11):

Gerster's Sentencing

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

NEXT HEARING:

Comprehensive Trial Management Conference
June 9, 2011 - 8:45am
Maricopa County Central Court Building
(W. Jefferson St.)
Judge Verdin.


Maricopa County Courthouse
May 18, 2011

The Comprehensive Trial Management Conference was to be held today (May 18, 2011), but it was pushed back and everything that occurred was done up at the bench, where the public couldn't witness it or determine what was said in the transcripts...I suspect because I had been protesting loudly outside before the hearing, confronting Gerster when he arrived (my taxes paid his salary, after all - and he hurt people in violation of my trust). All I was able to catch Judge Verdin saying to his attorney, who requested that they approach to discuss the case, was that "this is a delicate situation."

Damn straight it is. There are a lot of us mad as hell about what Gerster and fellow officer Alan Keesee did. Gerster and Keesee have more rights as perpetrators of assault than William Hughes has as their victims do now. As some of you may recall, if we, as citizens, are victimized while in custody, we're excluded from the constitutional protections and rights we have when crimes are perpetrated against us in the community, effectively silencing our voice in court proceedings, rights to restitution, etc. if a cop is the perpetrator.

I believe they are buying time for people to forget what Gerster did to us, the rest of his "victims"; chances seem very good that the Maricopa County Attorney is about to offer him a deal. The upcoming trial was cancelled in anticipation of a deal being reached beforehand.

Please contact Bill Montgomery's office and urge that this officer's entire prosecution be made visible and transparent to the public, as he violated us all with the abuse of his office and the assaults on his prisoners.

Remind him that Gerster assaulted at least two "VULNERABLE adults" in custody (making him a repeat, violent offender), and could have been charged with class 2 (not the lower class 6) felonies for that, and must not be allowed to walk with anything less than felony charges and prison time if they give him a deal.

Put your concerns in writing ASAP to:

Mr. Bill Montgomery
Maricopa County Attorney
301 W. Jefferson St. PHX 85003

I'd appreciate copies of your letters to post publicly. Send them to:

Peggy Plews / PO Box 20494 /PHX, AZ 85036

Please also express your continued outrage over the conduct of MCSO officers, and your desire to see justice served, to:

Editor, Arizona Republic / P.O. Box 1950 /Phoenix, AZ 85001

Finally, I looked up the status of William Franklin Hughes III's case. The MCAO still appears to be prosecuting him for the petty offenses (like criminal damage and indecent exposure - most likely secondary to the symptoms of his mental illness) that landed him in Gerster's and Keesee's pre-trial "care" in the psychiatric wing of the county jail in the first place...he was even ordered to undergo competency exams by the judge before they would proceed any further. I don't understand why he's going on trial, given what Montgomery had to say recently about the need to divert these folks from prosecution in the first place. I just discovered that his trial was supposed to begin this am, which I missed.

You would think the MCAO would recognize the beatings he received in jail as punishment enough - and poor William was out of his mind when he got pounded on by those guys. So, folks, please also ask Mr. Montgomery what the deal is with William's prosecution. Those are our tax dollars he's eating up in this unnecessary and cruel endeavor to punish a young man who was already terribly traumatized in custody over "crimes" that really hurt no one else...




Maricopa County Courthouse
(3rd St/W. Jefferson, PHX)
March 11, 2011

MCSO Thug Prosecution: Let the Sunshine In.

I'm sorry, Mr. Montgomery, but I'm not impressed that these are all just Class 6 felonies - knowingly and intentionally abusing a vulnerable adult like William Hughes is a class 2 felony. I may not sound like much of an abolitionist, but right now I'm not sure how else to protect prisoners with psychiatric and developmental disabilities. What you do with these guys will have major implications. The rampant criminalization (AZ has 10 times as many mentally ill in jails/prisons than hospitals) and victimization of people with mental illness in this state is profoundly troubling. If real justice here is ever served, it isn't served to them.

So, I'm going to continue to encourage people to contact you about prosecuting Gerster and Keesee under that vulnerable adult statute. Why do we have those laws if not to prevent custodial agents from abusing disabled and elderly people? I bet a lot of cops don't even know it could apply to them. I'll hold off on calling the Department of Justice in on this one, though - they already have their hands full with Arpaio's garbage, anyway. Besides, I really want to see you do this right yourself. We desperately need to know that someone in law enforcement here is really on the side of the people who get beat down the most.

I can't find out enough about Flores to say if he was restrained in the psych wing because he was high, drunk, mentally ill, or just plain "mouthy", as Sheridan put it, but how much more vulnerable can you be than to be strapped down naked in four-point restraints while the guy with the keys to your cell is breaking your jaw? 

Why do they have to strip mentally impaired people of all their clothes when they're putting them in 4-points, anyway? They certainly aren't going to hang themselves in that position. That's abusive in and of itself - those folks are already traumatized. Many of us are survivors of sexual assault as it is, and the MCSO is just humiliating people on top of terrifying them. Please bring that up when you have a good opportunity. It's my understanding that you're someone who has compassion for us.

Furthermore, how could either Gerster's or Keesee's conduct be anything but an intentional attempt to inflict pain and injury? It sure wasn't necessary to bring their prisoners under control or protect the prisoner, themselves, or others from harm.

And what about the release of that former prisoner's address resulting in Gerster's buddy assaulting his ex-wife and her lover with a deadly weapon? Why is Gerster not sitting in jail right now with him? That guy is a violent, repeat offender.

In any event, how is giving Gerster three or even six years in prison for repeatedly assaulting helpless, vulnerable people when he was in a position of absolute power and trust supposed to protect public safety or ensure justice for all? By all means, though, please don't give him a deal for something less than a felony and let him walk with probation. He's hurt too many of us already - as a member of the public whose trust he violated, he hurt me, too.

Nevertheless, I do appreciate that you're at least charging the guy for all counts of assault - and that you announced when his next court date is so the rest of us can be there...justice requires that kind of transparency.

Now please go after Keesee, too. He just smashed William's head into the table for the fun of it.

To everyone else out there:

Note that the next court date for Gerster is supposed to be on December 23 (probably first thing in the AM at the Central Court Building on W. Jefferson). I don't know that a show of citizens opposing police brutality will make a difference, but I plan to be as visible and vocal as possible about justice being done for the victims of these men. For those who have been trying to find out about both Gerster's and Keesee's court dates through the Maricopa Superior Court website, it's been slow to update and I don't think they're too enthusiastic about making that info public - though their court appearances should be as publicly available as the rest of ours would be. 

So, if their appearance dates aren't posted on the web, try calling the criminal court clerk's office - they're pretty helpful: 602-506-8575. Call at a little after 8am every day and be ready to go - a lot of hearings are scheduled before 9am. The case number they gave me last week is #PF 2010-162681-001. That may have changed, though (in fact, he should have a few cases, I think), so when you call the court, if they can't find the case number, tell them his birthday was in October, 1975.

****Thank you, by the way, to those MCSO jail staff who reported these two. I saw some white coats looking on as Gerster was punching and kicking William Hughes - I'm about to post on the medical neglect at the MCSO, but realize that some of you are actually trying to do the right thing there. Please stay and keep it up. We'll send help as soon as possible.***

 

Here's how to reach the Maricopa County Attorney, Bill Montgomery:

602-506-3411

------------From the Maricopa County Attorney Office's website-----------

Former MCSO Detention Officer Charged With Assault, Computer Tampering

PHOENIX, AZ (December 10, 2010) – Former Maricopa County Sheriff’s Detention Officer Kevin Michael Gerster (DOB 10/23/1975) has been charged with a total of five counts of aggravated assault and two counts of computer tampering in connection with three different incidents, one of which involved the videotaped beating of a Maricopa County Jail inmate. The charges are detailed in three indictments and will be pursued as three separate cases.

Gerster is charged with two counts of aggravated assault, both Class 6 felonies, for physically assaulting inmate Miguel Flores on June 5th, 2010 while Flores was bound or otherwise physically restrained. In a separate indictment, Gerster is charged with two Class 6 felony counts of unauthorized release or access of a criminal history record on September 9th, 2010. A third indictment charges Gerster with three Class 6 felony counts of aggravated assault in an incident involving Maricopa County Jail inmate William Hughes which was recorded on video and widely disseminated on the Internet. Gerster resigned from the Sheriff’s Office earlier this month.

“Today’s indictments should send a clear and unambiguous message that no one is above the law and that everyone, even those entrusted with enforcing the law, must and will be held accountable,” said Maricopa County Attorney Bill Montgomery. “The incidents alleged in these indictments stand in stark contrast to the hard and honorable work the overwhelming majority of our uniformed law enforcement officers perform each and every day to protect the citizens of Maricopa County,” he added.

Gerster’s next court appearance is scheduled 

for December 23rd.

Bill Montgomery: Please Protect the Mentally Ill Victims of the MCSO.

I've said my piece on this, and will be dropping off a letter about it to the county attorney this week. I hope others will as well (here's the link to email him)...

---------------------from the PHX New Times-------------

MCSO Detention Officer Involved in Jail Beat Downs Not Charged by County Attorney -- Yet. Case Being Reviewed

By James King, Tue., Dec. 7 2010

The Maricopa County detention officer seen beating two inmates in the psych ward at one of Maricopa County Sheriff Joe Arpaio's jails has not been charged with a crime -- yet, the Maricopa County Superior Court announced this morning.

"Charges against MCSO Detention Officer Kevin Gerster were not filed by County Attorney's office. Preliminary Hearing was scratched and the case will be removed from the HP list unless new charges are filed," court spokeswoman Karen Arra says in an email to New Times.

Gerster was seen on tape stepping on the neck of a fully restrained inmate before punching him four times in the head. In another incident, he's seen punching another inmate as the inmate was fully restrained and laying naked in a jail cell.

In yet another incident, Gerster is believed to have used the jail database to get the address of a former inmate for a friend of his. The former inmate was dating Gerster's friend's estranged wife.

That friend of the deputy's, Dennis McCarty, was arrested shortly after he was given the address for allegedly assaulting his estranged wife -- and the ex-inmate -- with a box-cutter at the ex-inmate's Tempe home, the address to which he got from Gerster.

Jerry Cobb, spokesman for the Maricopa County Attorney's Office tells New Times the announcement from the Superior Court is a bit misleading.

"They make it sound like the case is being dropped," Cobb says. "That's an inaccurate statement."

Cobb says the case is being reviewed by prosecutors who will determine what -- if any -- charges will be filed against Gerster...

follow the link back to the PHX New Times for the rest...

MCSO: Prisoner Civil Rights Complaints.

The guy quoted below (in bold red) about how "seriously" the MCSO takes these assaults on prisoners is presumably Jerry Sheridan, the Chief Custody Officer for the Maricopa County's jails. Let me just remind folks that when the MCSO convened their grand press conference Monday to release the video and announce Gerster's arrest, Sheridan seemed to explain his officers' conduct by saying that the victim of Gerster's first recorded assault (the mentally ill guy strapped down in 4-point restraints who got his jaw broken) "was probably mouthing off."

I don't think that was part of the planned press release - that's just what comes out of those guys naturally whenever they open their mouths. I hope all the MCSO's victims catch that and make a point of putting these administrators - and Arpaio - on their federal civil rights' complaints, since they've created a climate in which "mouthing off" at guards justifies violent retaliation against helpless, mentally disabled prisoners.

If you've been a victim of the MCSO while in their custody, here's the form you need to fill out to make a civil rights complaint, with instructions (here and here are a couple of jailhouse layer guides, too). If you're still in custody, don't let that stop you - the courts will be accommodating. Just make sure that you read the directions carefully and follow them. A lot of otherwise sound cases get thrown out because people don't follow the right format, name the right defendants, or go through the internal grievance process available to them.

Also, below is contact info for the folks at the Department of Justice to contact in support of a CRIPA Investigation (Civil Rights for Institutionalized Persons), if you have evidence of a pattern/practice of abuse/neglect of prisoners in any law enforcement agency's custody. I believe they're already on to Arpaio and his Klan at the jails (at least the ACLU has been working it) - give them more evidence anyway. And please feed them stuff about the state prisons - or email me and I'll send it on its way.

Since these big tough men who are supposed to be defending our constitution and safety will no doubt be whining to the press that the Obama administration is just picking on them because of politics, let local media know why you filed a civil rights complaint or contacted the DOJ, that you're ordinary people from Arizona, not politicians from Washington, and that it's all about them violating human rights and abusing the public trust. If they ever really practiced what they preached, they'd suck it up and take responsibility for their own behavior.

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

US Department of Justice

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
toll-free at (877) 218-5228

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

Chief

Jonathan M. Smith

And this is the Judge who ordered Arpaio to get it together and clean up the jails. Let him know if he's doing his job or not:

HONORABLE NEIL V. WAKE
United States District Court
Sandra Day O’Connor U.S. Courthouse, Suite 524
401 West Washington Street, SPC 52
Phoenix, AZ 85003
Phone: (602) 322-7640

No more appeals, Arpaio!

http://www.courthousenews.com/2010/10/14/31060.htm

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

Accused Detention Officer Resigns from Job

Updated: Thursday, 02 Dec 2010, 7:23 PM MST

PHOENIX - The Maricopa County Sheriff's Office said Thursday that detention officer Kevin Gerster resigned on Wednesday following his arrest earlier in the week on aggravated assault charges.

A jail surveillance video shows the former Arizona detention officer stepping on the neck of an inmate who was restrained and bent over a table.

The video shows the inmate, William Hughes, handcuffed behind his back, bent over a table, and surrounded by three officers. Gerster walks up to the men, gets on the table and steps on Hughes' neck.

The video of the assault also shows the officer later punching Hughes in the back of the head four times and kicking him in the leg once. Investigators also said they believe he slammed Hughes' head up against a wall in his jail cell, although there is no video evidence of that.

Sheridan said Hughes did not require medical treatment and didn't have any apparent neck injuries, although he had some bruising and a cut on his forehead, which investigators believe happened in his jail cell.

Gerster posted a $36,000 secured appearance bond Tuesday after he was booked into jail on aggravated assault charges stemming from Hughes' assault and from a June incident, which was uncovered during the recent investigation.

In a June video also released to the media, Gerster is shown punching inmate Michael Flores in the jaw.

Gerster also faces charges of accessing criminal history and one count of computer tampering. The sheriff's office said Gerster looked up the address of an ex-inmate for his friend, whose ex-wife was dating the inmate and who allegedly assaulted the two with a box cutter after getting the address from Gerster.

Another officer, Alan Keesee, who is shown in the November video slamming Hughes' head against the table, was not arrested, but the sheriff's office recommended he also be charged with aggravated assault.

Sheridan said the sheriff's office decided to release the video to the public because he and Sheriff Joe Arpaio "took it very seriously."

"We were upset with the actions of both these officers and we quickly initiated a criminal investigation," he said.

MCSO Brutality and Sunbelt Justice: getting what we "deserve"?

Maricopa County Sheriff's Office detention officer Kevin Gerster, seen in video in the previous post assaulting already-restrained mentally ill prisoners made his $36,000 bond and is out of jail already.

Bet he didn't get cuffed, shackled, bagged and beaten by our beloved defenders of public trust and safety during his brief stay. His jaw probably wasn't broken by some thug with a badge while he was in 4-point restraints in the jail's psychiatric wing. I doubt anyone will be sending an armed intruder to his home to slice up him and his loved ones, either. He's actually pretty fortunate that most of us don't endorse his brand of "justice", and that the cyber-bullies who applauded him following the news articles about his crimes are all just as cowardly as he is.

Gerster's next court appearance is Monday, December 6, 2010 at 8:30am at the Maricopa County Central Court Building at 201 W. Jefferson St in Phoenix on the lower level. Anyone who cares about real justice should be there to make sure that not only the cops, but also the courts and prosecutors are held accountable, too.

No word yet on when his colleague, officer Alan Keesee, will be arrested and arraigned. It does not appear as if any of the officers who witnessed the assaults and did nothing (or even those who helped restrain the victims) are being charged. Nor is any of the MCSO leadership, of course.

During his press conference about Gerster's arrest Arpaio seems to justify that conduct by stating "being a detention officer is a difficult job". The Lower Buckeye Jail's chief of custody, Jerry Sheridan, goes on to attribute the assault of the most recent victim to him "mouthing off". I don't believe there's ever a case in which violence is justified by mere insult - especially coming from a mentally ill person already bound in chains - but for some reason law enforcement officers seem particularly inclined to think it does.

The Maricopa County Sheriff Office's history of human rights' abuses suggests that Officer Gerster's disposition to repeatedly assault helpless people was fostered by his boss and the workplace culture Arpaio has cultivated there. Savagery and criminal misconduct by law enforcement agents of the MCSO is a well-established pattern and practice - one which this state's deluded electorate sadly seems to embrace.

For those of you who missed it, the PHX New Times did a thorough investigation in 2007 of how the MCSO treats prisoners: Inhumanity Has a Price. Read it and weep. I did. As of the time that article was written, the Maricopa County jails - under Arpaio - had already killed 11 prisoners in as many years as a direct result of violating their constitutional rights. For all you right-to-lifers who think the jails just house rapists and murderers who "deserve whatever they get": the death toll included the unborn child of a woman who hadn't even been convicted of anything yet.

By contrast, according to the MCSO website page dedicated to their fallen officers, "In the Line of Duty", since 1994 two officers died in car accidents and one died by gunshot. To hear the rhetoric that keeps justifying the massive build up of weaponry, the round-ups of "criminal aliens", and the brutality they display towards all those dangerous characters they throw in the local lock-up, you'd think the deputies were being slaughtered out there. According to the Goldwater Institute, Arpaio and his crew aren't even going after the real bad guys, though. It's actually the rest of the public that's in danger of getting killed by the MCSO.

Sunbelt Justice in the title of this post, by the way, is a reference to a very worthwhile read about crime and punishment in Arizona. Pick it up before the next legislative session, and recommend it to State Senator Ron Gould, the new chair of the AZ Senate Judiciary Committee. He has a lot to learn.

Again, if you care at all about the abuses of power occurring here, show up for Kevin Gerster's next hearing, stay tuned for Alan Keesee's (check for court records on both here, once they're posted, or call the criminal court office at 602-506-8575), and show the rest of this community that at least some of us won't stand for it.

Sheriff Joe's cowardly deputies brutalize prisoners.

The only real shocker here is that other cops actually reported these two, and they've both been charged with assault. One is even in jail (the other, for now, gets "paid administrative leave"). I think stepping on a handcuffed person's neck constitutes assault with intent to murder, frankly. It's certainly a reckless disregard for human life.

I suspect the criminal charges are to make the good Sheriff look like these goons are an exception to an otherwise professionally run outfit that never violates people's rights - and to distance him from liability in the civil suit sure to follow. Of course, if he had charged and arrested Gerster - or even fired him - when he broke the first prisoner's jaw (in June), this poor kid could have been spared the trauma of his abuse.

Imagine how many others the MCSO has brutalized in Sheriff Joe's jail that no one ever hears about - especially when it comes to the mentally disabled. By the time they get back into court (after nine months of being berated, beaten and "restored to competency") they plead guilty to whatever they've been charged with just to escape the kind of mental health "care" - even if it means years in prison for something they didn't do or weren't competent enough to be culpable. I see it happen far too often. That's coercive plea bargaining and the ultimate subversion of justice.

Unfortunately, according to the Arizona Constitution, the victim here doesn't even have the rights of other victims (which can include "entities" like neighborhood associations, corporations, etc.) because he's "in custody for an offense" (recently reaffirmed by the AZ Court of Appeals in this decision; which I was tipped off to by Eric Manch's blog). Likewise, if he was killed in this assault, his family wouldn't have the legal standing of other victims, either. It's no wonder cops here feel so free to violate their prisoners. That would seem to imply that we become less than human once a cop arrests us - whether he's the real criminal or not.

Whatever happened to the state's duty to protect "vulnerable adults"?

Shame on all the legislators, the state's prosecutors, and the victims' rights groups that endorsed that provision (and the voters, since it was put there by referendum). Frankly, I think curtailing prisoners' rights when they're victimized encourages this kind of behavior, and the state of Arizona should be sued by every victim of state violence for not extending equal protection to all persons, whether or not the state has them in custody. The AZ Constitution doesn't even differentiate between pre-trial detainees and the convicted when depriving those "in custody" of their constitutional rights as victims, so it treats the guilty and those presumed to be innocent (and too poor to post bail) the same.

More another time - I'm too disgusted and enraged. From the Maricopa County Sheriff's Office to the Phoenix PD to the AZ Department of Corrections, there are way too many violent criminals with badges and guns and keys. I hope our new county prosecutor and state Attorney General have the ethical foundation and guts to nail them all.

I guess we'll see...

This kind of sickness spreads from the top down.