Arpaio's Deaths in Custody: Stealing gifts from God.

The wrongful death of Deborah Braillard (Braillard v. Maricopa County, et al)is going to a jury trial tomorrow, September 12, 2012 at the Sandra Day O'Connor Federal Courthouse in Phoenix.

Here's what ABC News most recently has had to say:

http://abcnews.go.com/US/video/arizona-womans-jail-death-leads-to-lawsuit-17209730

Here's my original post, with the lead to the article from the Phoenix New Times below.

 4th Avenue Jail, Phoenix

--------from Arizona Prison Watch (December 11, 2010)-----------

Those citizens with their civil rights intact who flocked to Arizona to exploit cheap labor and avoid paying for public schools - not the families who migrated here from our south - are the people who endanger us the most. Increasingly, elections in this state are not exercises in democracy but acts of violence perpetrated on those of us whose voices don't count. If anyone plans to tamper with the constitution next year, it should be only to disenfranchise all the sadistic, delusional voters who support the likes of Joe Arpaio, applauding his stubborn refusal to provide health care to prisoners, his misogynistic policies and underwear, and his abusive staff.

It's sad how many of Arpaio's posse members actually think of themselves as "Christians", you know - good ones, at that. They must have missed the part in the Bible about how Christ was a prisoner himself (as were Daniel, the Apostle Paul, and my own ancestor, Brigham Young - who would no doubt be treated as a sex offender today - even if never convicted). Would they entrust the care of their prophet, their Savior, or even Mother Mary to the Maricopa County Sheriff - or to the rest of the good Christians who voted for Sheriff Joe, for that matter?

How about the care of their own mothers?

Investigative journalist Michael Lacey has written a lot of good pieces for the Phoenix New Times - this one should really bring home an award. I'm just giving you the beginning - follow the link for the rest, and take the extra time to view the depositions after you read. One prisoner testifies that she witnessed guards drag a "mentally challenged" women by her ankle, and begins to cry. Another one details the pains that the other criminals went to in order to try to keep Deborah Braillard alive and restore her to health themselves. Sadly, it's so often the case for people who are incarcerated that the most compassion they encounter as they are dying comes from their fellow prisoners. The last video in the series of depositions is this brief clip of Deborah's daughter describing the last days of her mother's life - on a ventilator and chained to a bed....

Good job, Sheriff Joe: that's really being "tough on crime." You can't clear your violent crimes so you vilify and brutalize whatever people you can take prisoner.
It's truly disturbing that your officers don't walk out on you en masse.

We have to figure out how to take back the keys to our jails from Arpaio and his crew before they kill some other little girl's mom or grandma, or someone's else's child. This is not an isolated incident - it's evidence of the criminal practices and patterns of the MCSO and Sheriff Joe that both shame and harm us all. We can't afford two more years.

Finally, remember, dear lawmakers and lawmen: when you deprive the people of meaningful mechanisms to participate in our government peacefully - all the while bludgeoning us and our communities with your rights to profit and your penchant for prisons - you not only risk your re-election, you tempt your fates. You Tea Party tyrants are the ones who will spark a real revolution that can't be contained by your lies and legislation, or by your badges and guns. That's not a threat - just a warning. It's all I can see coming of your selfishness, bigotry, self-righteousness, and outright hate.

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

What's Mom Worth? When a Woman Became Deathly Ill in Sheriff Joe Arpaio's Jail, Guards and Nurses Ignored Her Agony...

by Michael Lacey

December 9, 2010

Deborah Braillard, mother
(1991)

Mom taught me to sew.

And I' m going to teach my own baby, Jennylee. Eventually.

Jennylee is a quick study for a 6-year-old.

She watches as I sew her Minnie Mouse costume. She is double-twice excited, though honestly, I think I like Halloween as much as she does, even if it is a gloomy time of year.

Come, sit here, Pumpkin, and watch now how I pin the paper pattern here on the cloth. You see that, sweetie? You cut this out while I trim the red polka dots for your bow.

Done.

You take a good look at these pieces and try to guess where they'll go. Mommy will be right back.

As mother and daughter work inside their little trailer, outside, slate-stained cumulonimbus clouds menace, gray anvil domes await the strike.

Deborah ducks, briefly, into the tiny, plywood-framed bathroom for a little pick-me-up. When she emerges, the sweetness of this moment with Jennylee does not escape her notice.

But lightning in the darkness overcomes it.

Deborah shivers in spite of herself.

Hey there, Pumpkin, here's the last part.

I'll just straight-stitch the seams, roll the fabric to make a hem, and secure the bow with a whip-stitch.

Let me iron up the white apron and spray it with starch to give it a little oomph.

You look perfect.

Wait! Wait! . . . Here, a little mascara, we'll make a black dot for your nose and whiskers. Hold still now, a little lipstick.

Okay, let's walk over to the community center.

Grandma will meet us there.

Jennylee, if you aren't the best mouse ever . . .

Jennylee Braillard, daughter
(2010 interviews)

"Just about my first memory of my mom was the Minnie Mouse costume she made me at Gold Bar, which is where you can hook up your trailer just outside Monroe, Washington.

"I won first place that Halloween. My prize was a six-pack of root beer."

As Jennylee speaks, her own infant daughter, Kaylynn, coos and looks around, a bow tied to her little, full-moon head.

"My mom was always happy. She was nurturing, caring. She was my mom."

Her mother's ashes sit in a container in Jennylee's home in west Phoenix. The dust is such a small amount inside a little vessel; you'd hardly believe that someone's remains could amount to so little.

It is a fact that Deborah Braillard did not always make good choices.

She died an agonizing death in a diabetic coma that would wring the life out of her over three weeks that seemed without end.

The bigger truth is that she was hurried on her way.

Deborah Braillard's passing is never far from Jennylee's thoughts; after all, she watched the worst of it.

"I was terrified to open the plastic bag with her ashes. I put mom in a big jewelry box. I think about taking her back to Gold Bar. That's where my grandmother and great grandmother are buried. It's been in the family forever. There are nature trails there . . .

"But I worry if something happens to my uncle who lives there [what would happen to Mom]."

Consider: In May 2010, researchers at the University of Wisconsin find that, in stressful situations, cortisol levels in girls soar. But for many of the young women, simply hearing their mother's voice is enough to wash away the anxiety, replacing the stress hormone with feelings of love.

Men have no such relief.

What happens between a mother and daughter comes from God.

Tamela Harper, inmate

(2007 deposition)


Tamela Harper is detained in Sheriff Joe Arpaio's jail when they put Deborah Braillard into her cell in January 2005.

"She was unconscious [on the evening of the 2nd]. She wasn't hardly there. She walked back to her bunk, and that was the last time I saw that lady walking. People were helping her. She was throwing up constantly.

[Next day] that's when she started moaning and groaning and throwing up. She was basically unconscious at the time. She couldn't speak. She couldn't eat. The officers kept saying she was kicking heroin.

"She defecated on herself several times. There was no help for her. We kept telling the officers, you need to help her."

Brenda Tomanini, inmate

(2007 deposition)


Deborah Braillard threw up on other inmates, from her bunk to theirs. No guards, no nurses. The inmates, and Deborah, were alone on the 3rd.

On the morning of the 4th, medical asked to have Braillard brought into the clinic. But trusties could not wake the unconscious Deborah. She was left vegetating.

"I couldn't get Ms. Braillard up. Couldn't do it. She wouldn't respond to me at all. I could tell that she was breathing, but I couldn't get a response out of her.

"It just freaked me out because I don't think in my experience . . . I don't think she had been on drugs."

But the guards in the jail say different.

"Don't worry about Deborah Braillard. She's getting what she deserves. She's coming off drugs," is how Tomiani remembers it.

The inmates understand the drill, says Tomanini.

Tomanini described a retarded inmate brutalized for her sass.

"It broke my heart. I had to put my head under my blankets, and I cried. It broke my heart to see something like that."

Tomanini's experience with the medical clinic underscores the sense of neglect.

"I got sick and I was running a fever, and I had put a tank order in — that's what they call it for medical. And two months went along, and I didn't get any better. I was waiting for medical to call me . . . You had to fight to get medical attention.

Consider: It was standard procedure to collapse on the floor in order to get medical attention. Otherwise you might well be ignored by an overwhelmed medical clinic. Inmates report that guards would actually instruct them to drop, to collapse. Only then would a call — man down! — go out to the nurses.

Deborah Braillard, mother


Do I think? I think not.

I am aware.

I am aware of the I-will-nots:

I will not see my granddaughter, Kaylynn, walk. I will not give her my finger to steady her early toddles. I will not go down a slide with her. I will not put a Band-Aid on her owie.

I will not get a chance to be a better grandmother than I was a mom. Ever.

Consider: Deputies find methamphetamine in Braillard's purse about midnight on January 1, 2005. She is with a small group of users whose car breaks down in a parking lot on the west side when officers happen upon them.

She is admitted into the jail about 2 a.m. on January 2. Though the entire prison is videotaped around the clock, the sheriff is unable to produce any film of Deborah's early custody.

Historically, when inmates are killed or injured, Sheriff Arpaio loses evidence and incriminating video surveillance or produces video so degraded it is unwatchable.

Almost a full day after her initial booking, Braillard is transferred from the intake jail downtown to the all-female Estrella jail in west Phoenix. For the next 60 hours, guards at Estrella assume, mistakenly, that her wretched condition is the result of her kicking drugs.

This lethal mistake is aided and abetted by a poultice of organizational neglect combined with personal insensitivity that overwhelms thin outbreaks of humanity...

(Go to the source to read the rest... then PLEASE contact the Maricopa County Attorney's Office and tell them you want these people criminally prosecuted to the fullest extent every time they neglect or abuse a prisoner. Only then will some of this stop.)

MCSO Brutality: Catching up to the killers of Marty Atencio

I read this and wept. Thank you to Stephen Lemons for staying on it...

Marty Atencio, beaten, tased, stripped and left to die 

by cops and guards in a "safe cell" at the 4th Avenue Jail

Phoenix, December 15 2011

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

Jailhouse Goons Make Fun Of and Kill a Mentally Ill Inmate
By Stephen Lemons
Thursday, Jun 14 2012

It takes a twisted individual to delight in the sufferings of the mentally ill. A special type of sick, sadistic bully. The kind employed in spades by the Maricopa County Sheriff's Office.

The December 16 killing of Army veteran Marty Atencio is the latest example of the above, one of the most recent in a string of corpses that punctuates the timeline of Sheriff Joe Arpaio's nearly 20-year career as this county's top lawman.

As reported last week in my Feathered Bastard blog, the Atencio family's attorney, Mike Manning, has filed notices of claim, totaling $20 million, with both the city of Phoenix and Maricopa County in Atencio's brutal demise at the hands of Phoenix cops and MCSO detention officers working in the Fourth Avenue Jail.

Since the 44-year-old's death occurred just hours after the U.S. Department of Justice issued its scathing report on the MCSO's pattern of discriminatory policing, racial profiling, and abuse of Latinos in Joe's gulags, much has been revealed about the circumstances surrounding the Atencio homicide.

The county medical examiner's autopsy noted Atencio's history of mental illness and hospitalization for psychosis.

Toxicology results from specimens, including those taken at St. Joseph's Hospital hours after Atencio's arrest earlier that day, showed no illicit drugs in Atencio's system.

Phoenix Police Department reports reveal that Atencio generally was passive and compliant during the two encounters with Phoenix cops that culminated in his arrest on December 15.

Indeed, Atencio "showed no signs of being a danger to himself or others," according to Phoenix Officer Sarah Roberts.

Rather, Atencio "simply appeared to be not medicated and engaged in very random conversation," Roberts said.

Atencio was arrested in West Phoenix for scaring a resident, Cathy Boyd, after kicking the apartment door of her neighbor.

Manning quotes from Boyd's affidavit recounting details of the incident:

"Marty did not physically threaten me at any time . . . I knew there was something wrong with him, and I just wanted him to . . . get some help."

Apparently, Atencio was treated well until he was taken to Arpaio's infamous jail, where cruelty is king and an idiotic environment pervades.

The most damning evidence of Atencio's mistreatment comes from interviews with detention officers and Phoenix cops carried out within days, sometimes within hours, of Atencio's beat-down and Tasing, referred to euphemistically by the Medical Examiner's Office as a "law enforcement subdual."

The interviews were done by MCSO detectives. Manning's law office obtained them through a public-records request.

Apparently, Atencio's mind at the time was like that of a child's. Disoriented, spouting nonsensical comments, he often referred to himself in the third person as "Tony" and seemed to be mimicking Robin Williams' character in Good Morning, Vietnam.

Some detention officers and cops thought Atencio was on drugs, claiming that he told someone during his stay in Fourth Avenue that he had smoked meth earlier in the day.

But toxicology reports don't lie. Cops and detention officers are another story. Soon after Atencio was taken, brain dead, to St. Joe's, they were making assumptions to rationalize their behavior.

Thing is, the breakdown in law enforcement discipline — including a Phoenix cop's pushing Atencio with his cuffed hands bent awkwardly and painfully — cannot be rationalized.

It also included MCSO detention officers mocking and humiliating Atencio as they took his mug shot.

"They encouraged him to make funny faces and . . . kept saying, 'Let's make this one the Mug Shot of the Week,'" one witness said.

Another witness noted that when they took Atencio's picture, "It was a big joke" and "they all stood around and laughed about it."

This hilarity turned deadly once Atencio was surrounded by officers demanding that he remove his shoes. When in Phoenix custody, cops had gotten Atencio to take off his shoes by just being patient and repeating their request. Here, Phoenix police and MCSO guards were far from patient.

Two Phoenix police officers who were there to help process detainees initiated what Manning calls a "jailers' riot," even though Atencio was standing before them, arms crossed, presenting no threat.

The notice of claim identifies the Phoenix cops as Patrick Hanlon and Nicholas French.

Several MCSO gendarmes joined the fray, in what one onlooker called "a big ol' dog pile." Though Atencio was smothered by officers, MCSO Sergeant Jason Weiers Tased Atencio several times.

Anthony Hatton, a detention officer who since has left the MCSO, punched Atencio in the face three times. Hatton claimed the strikes were necessary, but a couple of his fellow guards did not agree.

"He shouldn't have been punching him," detention Officer Sergio Salinas told investigators. "It was excessive."

Later, after Atencio was hauled to a "safe cell," where he would be stripped of clothing and left to die, Hatton continued the abuse, kneeing Atencio as guards held him down.

Detention officer Blas Gabrial told detectives that he yelled Hatton's name upon seeing the force used on Atencio. When asked why, he said, "Because I didn't think it was necessary."

While Atencio was lying motionless and naked in the safe cell, where he would breathe his last breath without life support, what were many of these men and women of law enforcement doing?

Laughing, joking, and cutting up like teenagers. Video shows two women — one in uniform — dancing and bumping butts. Hatton laughs and demonstrates what looks like a fighting move to other officers. A Phoenix cop eats an orange and grins.

Minutes later, they're all gathering around the door, precious seconds slipping away as they take their time getting it open.

"[Prisoners] play that game a lot," Weiers told an investigator, referring to Atencio's stillness. "You know, playing like they're dead."

Atencio wasn't playing. He already was gone. But CPR was performed, and he was rushed to St. Joe's. On December 20, his family removed him from life support.

If you saw grown men and women abusing a mentally ill or disabled person, would you do something about it?

Likely so. Which is why, ultimately, I blame the voters of Maricopa County for what happened to Atencio.

They've been told about a lot of such brutality in Arpaio's jails over the years and, so far, have looked the other way.

Previous Posts: 

• Joe Arpaio's Victim Marty Atencio Killed by "Law Enforcement Subdual," Among Other Factors, Says Medical Examiner
  May 31, 2012
• Joe Arpaio's Victim Marty Atencio: Family Files Notices of Claim Totaling $20 Million in Wrongful Death Case
  June 8, 2012

Resisting SB1070, Tent City, and White History's Lies

 

Excellent reflection below by the director of Puente Arizona on the immigrant rights movement this eve of the decision about SB 1070 from the US Supreme Court. 

Signs of resistance by Peggy Plews. 

 

Please come out to this weekend's:

  Rally and Vigil to Shut Down Tent City 

Saturday, April 23, 2012 at 8pm. 

2939 W. Durango Street

"Imagine no prisons..."

maricopa county jail: tent city

phoenix AZ april 2011

----------------as posted at POLITIC365.com----------------------

Arizona, Arpaio and SB1070 Spur Crusade for Immigrant Rights

BY CARLOS GARCIA

The migrant rights movement in this country is about to enter a new phase and every person, no matter their position, will have to decide how they will relate to it.

While many are waiting to see the decision of the Supreme Court related to the Department of Justice’s SB1070 case, a human rights crisis of epic proportions is already roiling in Arizona.

The status quo we face now and the results of even the best possible decision from the Supreme Court still represent a steady march toward anti-immigrant attrition that the state has constructed over years. First we faced efforts to restrict our ability to function in society: drivers’ license bans, denial of social services, and English only rules. Then they built ways to humiliate and dehumanize us through Sheriff Arpaio’s outdoor jails and Florence’s expanding penal colonies.

From 2007 to 2010, even before SB1070 was introduced, our community faced checkpoints, bore witness to women forced to give birth in shackles, and traveled to work and school on a daily basis already wondering if we would reunite with our families and loved ones at the end of each day. In 2010, Arizona sought to erase us from history with a ban on ethnic studies and remove us altogether through SB1070.

In what amounts to a state of war by attrition on our community, it could get worse this summer as we expect that the injunction will be lifted on some of the remaining portions of SB1070. Further criminalization and tools demanding all law enforcement to investigate and deport in massive numbers is set to become law.

But that will not be our future. We are on the move, and we’re not going anywhere. We’re not running away as the authors of SB1070 had hoped, we’re moving our communities forward, and we will not let the last violent gasps of a dying generation’s prejudice stop us.

This struggle has both destroyed parts of our community and made us stronger. In the past years, we have learned important lessons and developed new ways to fight. The name ‘Arizona’ currently is a mark of embarrassment that makes people think of bigotry. But in the not too distant future, people will think of the birthplace of a new human rights movement when they hear talk about the state.

For more than a decade, we petitioned Congress for immigration reform only to be kicked around as a political football by both parties. We hoped things would change with President Obama but instead of feeling our pain, he caused more of it. Instead of executive action to grant us relief, he gave us record deportations and unprecedented quotas. When all else failed, we looked at the courts but even they seem ready to deny us our humanity.

Since Governor Brewer signed the bill meant to send us running, migrant communities have responded by losing our fear and peacefully defending ourselves. By learning our rights and more importantly, how to defend them when law enforcement tries to ignore them, we have created networks of protection that are prepared for the raids and the wrongful arrests. We have deepened our culture and celebrated our vision for a world without hate. People who before hid in our homes for fear of being picked up by police now are leading marches and supporting neighbors in efforts to keep our families together.

If Arpaio wants to find us, we will instead find him because we have learned that we are safer coming out of the shadows than living in them. When undocumented people confront the system, it crumbles and it becomes clear that they are more afraid of us than we are of them.

If undocumented people are willing to risk everything by confronting Sheriff Joe Arpaio, what are other supporters, allies, and family members willing to do?

As more of SB1070 is poised to go into effect and federal policies spread the same nation-wide, what will you do as we learn to defend our neighborhoods?

We have declared that we will not comply with hate. Every single person and institution must make the same evaluation. Will the federal government willingly deport Sheriff Arpaio’s victims when he hands over those caught in his raids? Will school districts agree to ask kindergarteners for the documents? Will neighbors draw the shades when checkpoints go up on their block?

Or will we refuse to comply and as a result prevent SB1070’s strategy from working?

 

SB1070 signs of resistance

AZ State Capitol, PHX

June 22, 2012

If they are coming for us now, they will be coming for you next. Immigrants are today’s scapegoats but there will be someone next to blame and fill the private prisons.

As undocumented people fill the vacuum of leadership on these issues and demonstrate real courage, all of us are called to follow their example.

The truth is that the suffering in Arizona isn’t caused by the cold hearts and bigoted minds of our adversaries. It is the apathetic souls of those who look upon Arizona and stand idly by. Perhaps people hear ‘immigrant’ and believe it does not apply to them or that we somehow deserve the treatment we receive.

White fear of the re-browning of this continent and general worry over unemployment and economic security has turned many against migrants as an easy scapegoat. But if we look deeply enough, we see that we hold in common both the cause of our troubles and the solution to our suffering. Around the world, people are toppling those who have ruled by broken promises and brutal policies. Arizona and the US will be no exception.

Change has always come when people challenged and broke unjust laws. Nonviolent civil disobedience has been used to historically to challenge racism and inequality from factory floors to lunch counters and buses.

And so, this is a call to action whether you are a community member directly affected, consider yourself an ally, or someone who up until now has been a bystander in the immigration battles. The undocumented youth movement has set an example of what it is to be unafraid, and the bravery they display far outweighs the courage elected officials lack. They have proven that the safest place for anyone targeted by these laws is out, proud, and part of an organized community.

As the migrant rights movement steps into this new phase, we do not do it alone. Allies can harbor anyone targeted, hire anyone fired, and refuse to allow Arizona or Arpaio to become the new normal. At the end of June, we will rally together in Phoenix at Sheriff Arpaio’s self-described ‘concentration camp,’ tent city and begin a summer of resistance in the state and across the country where these laws and their champions are calling for a challenge.

The present may feel heavy but the future is bright. Because love always overcomes hate. Our numbers are on our side. The truth is on our side. With or without those in power, history is on our side. We just have to put our shoulders to the gears of history and push.

Carlos Garcia is the director of Puente Arizona, a Phoenix-based human rights organization dedicated to empowering migrant communities.

 -----------------

Freewayblogging the SB1070 Resistance

Phoenix, AZ (July 28, 2010)

Arpaio's Deaths in Custody: Misogyny back on trial.

This guy Vogel - who should have been taken by the cops to the psych hospital, not to jail, died over ten years ago after fighting off a bunch of guards trying to dress him in pink - and yet they still do this kind of thing to frightened, vulnerable, mentally ill prisoners today.  Apparently when this case first went to court, his trauma from that incident wasn't really fully explored - the 9th Circuit Court seems to think that the use of the pink underwear is indeed abusive, however, and relevant, so it's being returned to the lower courts for a new trial - with Arpaio as the defendant. As articulated by Justice Noonan:

 

 "Unexplained and undefended, the dress-out in pink appears to be punishment without legal justification," he wrote. "It appears to us that this question is still open for exploration at trial on remand."

To use the color pink - long associated with the feminine - as  a means of humiliating male prisoners is pathetic and disgusting and says a lot about not just Arpaio's homophobia and hate for people who are gay/transgender/queer, but his deep contempt for women in particular. How can women with any political awareness at all justify allowing Arpaio and the MCSO to continue like this?

I have a hard time understanding how the women in this state - Republicans and Dems alike - have tolerated Arpaio's misogyny for so long - much less why so many vote for him - except that the women here have been very well-trained to comply. Women's rights organizations in Arizona who aren't actively working to end mandatory the pink underwear in the county jail are as much a part of the problem as Sheriff Joe himself is - they should be supporting this suit. The use of pink - the feminine - as something to abuse people with is not a petty issue - it's a symptom of the toxic attitudes towards people (not just prisoners) that defines the MCSO's culture, and it's killing folks.

For those interested, by the way, the actual court opinion on this is linked to at the bottom of the article. Interesting read. Maybe this guy will be the one responsible for reining in Arpaio's expressions of hate in his policies, anyway, even though it sure won't change the man.

 

 

-------from the Courthouse News Service (great resource)-----

Arpaio Isn't Off the Hook for Death of Schizophrenic Man

By TIM HULL
March 7, 2012

(CN) - The 9th Circuit ordered a new trial Wednesday in the case of a schizophrenic Arizona man who had a fatal heart attack weeks after he was forced to put on pink underwear in Sheriff Joe Arpaio's notorious county jail.

     Maricopa County authorities stopped 36-year-old Eric Vogel in 2001 while looking for a burglar in his Phoenix neighborhood. Vogel, who had a lifelong history of mental illness and social isolation, had left the home he shared with his mother that morning for the first time in years. When the officers questioned him, he struggled, shouted "kill me" and said he needed to talk to the president. The deputies arrested him and booked him in Arpaio's jail for assaulting a police officer. Vogel was transferred to the psychiatric unit after he told a psychologist that he was at the World Trade Center and getting messages from satellites, but not before being subjected to a "dress-out" in which four officers forced the struggling inmate to change into pink underwear and other jailhouse garb.

     Arpaio famously requires of all Maricopa County Jail inmates to wear pink underwear.

     Vogel spent a week in the unit before his mother bailed him out. A short time later, he was in his mother's car when she had a traffic accident. Police at the scene warned Vogel that there was a warrant out for his arrest for spitting on an officer during the "dress-out." Vogel left the scene and ran for approximately 5 miles. He died the next day of acute cardiac arrhythmia.

     Vogel's mother sued Maricopa County and Arpaio for violating federal civil rights law and other statutes, including the Americans With Disabilities Act. Yavon Wagner, Vogel's sister, stepped in as the plaintiff when her mother died shortly before the trial.

     Vogel allegedly thought he was being raped by the officers, and that they were dressing him in pink underwear as some sort of preparation for a "gang rape." Vogel had been obsessed with the humiliating jailhouse incident, and that the lingering trauma of the dress-out had contributed to his death, according to the complaint.

     At trial, however, Senior U.S. District Judge Earl Carroll barred Wagner from testifying about her brother's state of mind, finding it hearsay. He also prohibited mention of "rape," "gang rape," and "pink underwear," finding no evidence that Vogel had known the underwear he was forced to wear was indeed pink. The court also limited expert testimony as to the possible effects of the dress-out and about an alleged connection between schizophrenia and cardiac arrhythmia. At the trial's end, "the District Court abruptly eliminated the plaintiff's opportunity for rebuttal argument," according to the ruling. A jury found for the defendants.

     But the 9th Circuit voted 2-1 on Wednesday to reverse the verdict and order a new trial. The San Francisco-based panel found that the lower court had committed a fatal error by limiting the plaintiffs' testimony, and had done so again by refusing to consider the psychological implications of pink underwear.

     "Indisputably, Wagner could have testified at trial about the impact the jail incident had on Vogel, how his mood was following the incident, how disturbed he seemed, and even what he thought happened to him during the incident, all without putting inadmissible hearsay before the jury," Judge John Noonan wrote for the majority. "None of this testimony would have been put forth in order to establish the truth of what he had said. Wagner proposed to testify about how extremely delusional Vogel was following the incident, and more importantly, the emotional impact the incident had on him, including how humiliated he now felt by the pink underwear. She was not asserting the truth of anything that Vogel said had happened to him in jail."

     Because of the "symbolic significance" of the color pink in American culture, the jury should have been permitted the jury to consider the "impact of the dress-out on Vogel apparent from his conversation with his sister," the panel found.

     "When a color of such symbolic significance is selected for jail underwear, it is difficult to believe that the choice of color was random," Noonan wrote. "The county offers no penalogical reason, indeed no explanation whatsoever for its jail's odd choice. Given the cultural context, it is a fair inference that the color is chosen to symbolize a loss of masculine identity and power, to stigmatize the male prisoners as feminine."

     "That Vogel was delusional does not mean that he was incapable of seeing," Noonan added. "If you pricked him, he bled. Just as his eyes saw the pink, so his mind made the association of the color. So at least a jury could infer from the impact of the dress-out on Vogel apparent from his conversation with his sister."

     Noonan suggested further that the District Court may want to consider the legality of Arpaio's underwear rules on remand.

     "Unexplained and undefended, the dress-out in pink appears to be punishment without legal justification," he wrote. "It appears to us that this question is still open for exploration at trial on remand."

     Writing in dissent, Judge N.R. Smith argued that the majority had failed to "correctly construe the hearsay rule," and had neglected to give "the proper deference to the District Court's other evidentiary rulings."

     Neither John Curtin, who represented the plaintiffs, nor Maricopa County's attorney, Eileen GilBride, could be immediately reached for comment.

 Link to Court Opinion

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.

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...

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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

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

Score one for the ACLU-AZ! MCSO going down...

Federal Judge Rules MCSO Stop and Arrest of U.S. Citizen and Legal Resident During Worksite Raid Violated 4th Amendment

FOR IMMEDIATE RELEASE
April 25, 2011


CONTACT:
Alessandra Soler Meetze, ACLU of Arizona, (602) 773-6006 (office) or 602-418-5499 (cell)
Elizabeth Beresford, (212) 519-7808, media@aclu.org


PHOENIX – Late this afternoon, a federal judge ruled that the arrest of a U.S. citizen and a legal resident by Maricopa County Sheriff’s Office (MCSO) deputies during a worksite raid violated their Fourth Amendment right to be free from unreasonable seizure. The father and son were driving down a public roadway in February 2009 when they were stopped suddenly without justification, ordered out of their truck, zip-tied, and transported to the site of an immigration raid at Handyman Maintenance, Inc.


"For far too long, Sheriff Joe Arpaio and his deputies have carried out these worksite raids in total disregard for people’s constitutional rights. Today’s decision should provide some comfort to citizens of Maricopa County that MCSO is not above the law,” said ACLU of Arizona Staff Attorney Annie Lai.


The ACLU of Arizona and the ACLU Immigrants’ Rights Project filed a federal lawsuit in August 2009 on behalf of Julian Mora, a legal permanent resident who has lived in the U.S. for 30 years, and his son Julio Mora, a U.S. citizen. Represented by the ACLU and cooperating law firm Ryals & Breed of St. Louis, the Moras charge that MCSO deputies singled them out as they drove their pickup truck down a busy public road based on the color of their skin and illegally stopped them, in violation of the U.S. Constitution's prohibition on unreasonable seizures and guarantee of equal protection of the law.


In granting in part the ACLU’s motion for summary judgment, the U.S. District Court directly addressed the fact that deputies had no basis for stopping the Moras, ruling that: “The Fourth Amendment requires some minimal level of objective justification for making a traffic stop.” The Court went on to find that the Moras were arrested “through a show of authority and the use of physical force” and concluded “that the warrantless arrest of plaintiffs was made without probable cause and, therefore, in violation of the Fourth Amendment.”


In addition to ruling that the Moras’ arrest was unconstitutional, the court also found that Maricopa County will be held liable for the constitutional violations. A trial is expected to be held later this year on issues related to whether the Moras’ arrest was racially-motivated, whether the three-hour detention at Handyman Maintenance was reasonable, whether Sheriff Arpaio and MCSO officers should be held individually liable, and the amount of damages that the Moras are entitled to.


“We live in a country where the police may not abuse their power by stopping and arresting people without cause,” added Managing Attorney Cecilia Wang, of the ACLU’s Immigrants’ Rights Project. “The overwhelming evidence in this case shows that Sheriff Joe Arpaio's deputies had absolutely no reason to stop these two men and drag them off to the scene of an immigration raid. Today’s court ruling should serve as a warning to law enforcement officials around the country that immigration enforcement is not an excuse to violate the Constitution.”


Lawyers on the case, Mora, et al. v. Arpaio, et al., include Wang and Andre Segura of the ACLU Immigrants' Rights Project, Lai and Daniel Pochoda of the ACLU of Arizona, and Stephen Ryals of Ryals & Breed, P.C., of St. Louis, Missouri.

Read the decision and complaint.

Parade of Fools...New Year's Eve, 2010.

Just came from the Fiesta Bowl parade in Phoenix. The signs facing the two AZ politicians below say "Stop Prisoner Abuse" (on "defend Human Rights") and "for a Happier New Year" (at my feet)...














joe arpaio

jan brewer

Indict Arpaio.

Public pressure is growing in Phoenix for the FBI and DOJ to do their job.

...and free the 5.