Prosecuting police violence: MCAO falls short with Gerster, Keesee.

"Prosecute Police Violence"
Maricopa County Central Courthouse, Phoenix.
June 2011

I went to former Maricopa County Sheriff's detention officer Kevin Gerster's sentencing in Maricopa County Superior Court today. He entered a plea deal in August in which the prosecution offered him 6 months in county jail and two years of probation for all his crimes. Both the assaults were ruled as "non-dangerous, non-repetetive", too, which is bullshit. He broke one guy's jaw and five months later beat another prisoner repeatedly. Judge Bill Brotherton took his assaultive behavior and pre-meditated crime (giving a buddy the address of a former prisoner, which the buddy used to find and assault him) more seriously than the prosecutor's office, though, and sent him to jail for a year instead.


In arguing for the judge to follow the plea agreement recommendations, Gerster's attorney cited the mitigating circumstances that ultimately kept the guy from going to prison instead. He has has no prior record, considerable community and family support (two of his former colleagues were present), took responsibility for his actions (he actually reported these incidents to supervisors when they happened and they left him on the job caring for mentally ill prisoners). He won't ever try to work in law enforcement again, and is now driving a cab. She even tried to get his probation fees reduced due to them being a hardship because he has child support payments to meet (the judge wouldn't consider that until he's done with jail).


Gerster himself argued that he had been in a stressful job and was just "caught up in the moment" when he did what he did, and was sincerely remorseful that he had embarrassed his family and his employer (he said little - if anything - about regretting the harm he did to his victims - as well as to the public's trust.)


These excuses didn't go over so well with Brotherton, and Gerster received a stern lecture from him about how he had a higher standard of conduct to meet than non-public servants regardless of stress because of the power he wielded, especially since he was working with "vulnerable" prisoners in the mental health unit. Brotherton pointed out that all of Gerster's criminal actions resulted in people being injured, and that the tampering with criminal records charges involved pre-meditated criminal actions that hurt others. It's a wonder he didn't send him to prison, he was so articulate about why Gerster deserved more than just six months in jail.


But the guy has a young daughter and family members who have suffered through this prosecution and the public shame with him, which is unfortunate for them (his fault, not ours), and Brotherton seemed to really weigh the mitigating factors - some of which I'm sure I don't know about, like the supervisors failing to take action to remove him from his job when it was clear he couldn't handle it. That made me want to see them in court, too, not just Gerster.


I stayed to watch him be put into cuffs by his former colleague, but didn't get the sense of satisfaction that I thought I would from it - I'm still a prison abolitionist, after all, and it's uncomfortable arguing for prison for someone, even a bad cop. For all I know the guy is mentally ill and asked for treatment before he escalated to the level of assaulting vulnerable people. In any case the MCSO was negligent in ignoring his abusive conduct, and should take some responsibility too.


In the end here's what Gerster plead to:

Agg Assault on his first victim (the guy whose jaw he broke in June 2010): Class 6 felony. 2 years probation concurrent with 6 month jail term, and suspended prison sentence (he could face 2 years in prison if he violates his probation);

Agg Assault on his second victim (William Hughes, who has assaulted last November): Class 6 felony. 2 years probation concurrent with 1 year in county jail, and suspended prison sentence (could face two years on this, too);

Unauthorized access to the criminal database and release of information (I'm not sure exactly what this charge was called, but it's a class 1 misdemeanor, down from a felony). 1 year probation concurrent with other sentences; suspended prison sentence (again, this could be 2 years at the ADC if he violates his probation - though he'll be in jail all that year anyway).

I'm still disappointed with the county attorney's office on this - they could not have lost at trial because of the video evidence - the whole world witnessed these assaults on Youtube, so I don't know what their excuse is for being so soft on him, but I'm glad Brotherton wasn't. Just keep in mind folks, that if any of those prisoners were in a position to defend themselves and tried to, they'd be facing a ten year sentence for assault on a peace officer, so don't think I'm calling any of this justice. I wanted him to go to prison - just not bad enough to shout it at the judge.

More troubling to me is that the other assaultive officer caught on video, Alan Keesee, plead guilty to aggravated assault (a class 1 misdemeanor) last month and was sentenced to only 3 months of unsupervised probation. His judge was Gottsfield; the prosecutor of record was Ed Leiter. That's less of a punishment than a friend of mine got for disorderly conduct at a protest - she got 30 days in jail and a year probation. Even I'm facing six months in jail for refusing to vacate a city park - now that's ridiculous.

Finally, a reminder to folks that tomorrow (October 22) is National Day Against Police Brutality: there will be an action at the 4th Avenue Jail at 10am. Join us if you can.

Find the Phoenix New Times' report on this case here.

You can find updated Superior Court court records at this link.

Cop-Court Watch: Montgomery on Gerster & Keesee

"Indict Arpaio" Rally - Wells Fargo,
June 7, 2011 (Phoenix)

For those of you following the cases of the MCSO detention officers (Kevin Gerster and Alan Keesee) who assaulted their prisoners in the psychiatric unit of Lower Buckeye Jail, I'm writing to try to set the prosecutor's side of the story straight - or at least give you a piece of it. I guess it's more a clarification than a correction, so I didn't rewrite my earlier posts - just redirected folks here. I wrote to County Attorney Bill Montgomery last week because it appeared from court records as if the assault case against Alan Keesee had been dropped at the initiative of his office. My confusion, I guess. Montgomery got back to me pretty quickly asserting that the prosecution is moving forward nonetheless, and re-iterated the reason he didn't proceed with prosecuting either of those guys for abusing "vulnerable adults," as I'd been urging.

Frankly, I think if this had occurred in any other kind of institution treating psychiatric patients, the vulnerable adult statute would be invoked to raise the felony level and broaden the sentencing possibilities. But I honestly don't know the law well enough to ferret this all out myself, so I figured it was best to just let you hear the explanation straight from the county attorney.

My apologies for attributing anything less than professionalism to the folks working hard on these detention officer's prosecutions.

--email from Bill Montgomery's office, Thursday September 8, 2011--

From Bill Montgomery:

We were able to resolve the case by filing a Direct Complaint/Plea proceeding without having to go through the entire Preliminary Hearing/Trial process. So, while it looks like charges were dropped, we still proceeded with prosecution.

I can assure you that the resolution leads to the defendant no longer working in law enforcement, let alone detention.

I would also appreciate it if you would acknowledge that the goal of holding people in positions of responsibility for safely and securing handling inmates accountable when they break the law is being met. We may disagree about the best way to accomplish that but my commitment to that goal remains. Also, I previously explained to you that the basis for the crimes committed was not the mental status of the victim but the fact that he was restrained. That was the direct set of facts. If we had charged the Class 2 Felonies there is a high likelihood that we would have failed to secure convictions. It was more important to me to charge the appropriate crime so we could ensure convictions.

Thank you for your continued advocacy,

Bill Montgomery

Maricopa County Attorney

301 W. Jefferson, 8th Floor

Phoenix, AZ 85003

602-506-1260

Courtwatching The Cops: Kevin Gerster June 2011

UPDATE (10/20/11): Gerster's Sentencing


CORRECTION/CLARIFICATION

Several other community members showed up for MCSO Lower Buckeye Jail officer Kevin Gerster's Final Trial Management Conference in Judge Verdin's court yesterday morning, anticipating that he may enter a plea to avoid the humiliation of trial and certainty of a lengthy prison term upon conviction - especially in light of that video tape and the public attention back on him. All they did was put off the trial and buy time to negotiate over a plea deal.

After dropping charges against victim William Hughes' other assailant, MCSO Detention Officer Alan Keesee (whom I intend to ask the feds to prosecute under Civil Rights law, since AZ doesn't want to hold him responsible), Bill Montgomery's office will look pretty foolish if they don't insist on a stiff sentence for Gerster - though they were awfully friendly with him yesterday as we were all leaving court - I swear I even saw the county attorney now handling the case, Rebekah Prichard, make eye contact with him and graciously say "thank you".

About her, I was glad to see her on the job, I must say - Game Boy was there and I was prepared to light into him if the plea deal sold out the People's interests in public safety by condoning the abuse of mentally ill prisoners, but as soon as I made my presence known to him, Prichard made her responsibility for Gerster's prosecution known to me - though maybe it's been her's all along. I'd appreciate any thoughts folks have on her - I don't have much to go on, but she's definitely more aggressive than the guy I'd been watching handle this thus far.

Maybe Prichard asked for some time if the case is new to her - I don't know. The fact they took this all back in to chambers once Gerster's attorney arrived concerns me, though - I want to know what they've offered him. Most of all I want to see the trial - I can't begin to speculate as to how can he justify what he did.

Maybe he or Keesee somehow managed to get that MCSO youtube footage thrown out of court in a secret move. I wish the MCAO was being more forthcoming and transparent about all of this. We really need more members of the community to call and inquire about their intentions - we, collectively, were victimized by Gerster, too: he brutally assaulted at least two fully-restrained prisoners posing no threat whatsoever in the psych ward of the jail, betraying his duty and our trust - all while on the taxpayer's dime. That's pretty bad as far as criminal deeds go.

I don't know why they aren't prosecuting the cops who witnessed Gerster's first recorded assault but didn't report it, too. They're on the videos. If they did report promptly and the MCSO just dragged their feet investigating their own, it would seem as if a substantial claim can be made against the county for the assault on Hughes being a result of willful indifference to human life at a level beyond Gerster and his own abusive pathology. In any case, it seems there was a conspiracy of silence that permitted him to continue working and abusing people for five months after breaking Michael Flores' jaw while he was strapped naked down to a table.

The MCSO tolerates this kind of treatment at the highest levels, apparently - Sheriff Joe's new right hand man, Jerry Sheridan, suggested that Gerster's victims even asked for it when he said one "must have been mouthing off ", thus provoking Gerster's assault. I think that was Hughes he was talking about, who had his hands cuffed behind his back, his arms restrained by three other guards, his feet in shackles, his head in a bag (remember Abu Ghraib?), and nothing but underwear on when Gerster stomped on his neck, punched him repeatedly in the head, kicked him, and (off-camera) slammed his face into his cell wall.

I suspect William's single biggest crime precipitating his victimization, actually, was probably laughing and smiling too much. He was ordered by the judge that day to undergo a Rule 11 competency hearing, which presumable had something to do with why he was put in the psych wing of the jail to begin with. Of all places, you'd think they'd be a little kinder and gentler there as a rule. No wonder it takes so long to restore people to competency - they're subjected to constant terror and trauma, witnessing this kind of abuse go unpunished all too often.

So, that's the outline of Gerster's crimes, for those of you who missed it the first time. How's that for a noble officer of the law, folks? When I was a kid, I thought that badge and uniform made them all heroes - what a crock. The empowerment of creeps with guns, badges, and way too much authority to abuse is a public safety threat in and of itself. I'd think the other cops would be harder on people like Gerster and Keesee than even I am, for what guys like them them all look like - people who protect and serve pigs and thugs before the public that employs them. But they threw Chrisman a barbecue when he got sacked for killing Danny Rodriguez, so what do I understand about cops?


Anyway, as I said there's a plea on the table for Gerster, but I don't know what it is and the court wouldn't discuss it openly. Judge Verdin is convinced that both parties are trying to work towards an agreement (UGH) in good faith instead of go to trial, but frankly, I think justice in this case demands a public trial - I hope the county prosecutor goes all the way. It's all been put off for two more months, though, for some reason. I suspect that's what the prosecution thanked Gerster for agreeing to - I just feel like they're stalling hoping the attention to his case wanes and they can slide something clearly unacceptable by us unnoticed. It wont and they can't. But, I'm in the dark on all that, so take that for what it's worth and contact the county attorney's office yourself for their answers.

Maricopa County Attorney

301 W. Jefferson St.

Phoenix, AZ 85003

Victims' Services
(602) 506-8522

I think the public that entrusts our most vulnerable citizens to the MCSO's care - at great expense to us - is a legitimate victim, but we may have to fight to get anyone else to agree. There's a reason they are called "public servants", though - they should be held to answer to us when they betray our confidence and trust.



Here are Gerster's upcoming court dates. Look for him to enter a plea, though, so don't wait until August to register your concerns. If it's a deal that Montgomery is about to be embarrassed by us about, they may just take it off the table and turn up the heat on this guy. I haven't seen him begin to break a sweat, and he hasn't spent a night in jail pending trial. He must already think he's home free. I bet he's a security guard somewhere already...

Maricopa County Superior Court

(click here for updated records search)

Central Court Building (CCB)
201 W. Jefferson
Phoenix, AZ. 85003-2243
[view map]

Court Administration: (602) 506-3204

Final Trial Management Conference: August 8, 2011 8:45 AM (Verdin)

Trial start date: August 15, 2011 8am (Verdin)

Mentally ill prisoner abuse: Keesee walks.

CORRECTION/CLARIFICATION HERE

I just don't know how this all works sometimes, folks...

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

Looks like the Maricopa County Attorney's Office doesn't think it can make a case stick against former MCSO detention officer Alan Keesee, despite the Youtube video we all saw of him assaulting William Franklin Hughes in the psychiatric wing of the Lower Buckeye Jail while the kid was fully-restrained. They must just not care how brutalized we are - I should have seen this coming after they sent the Game Boy kid in to handle Gerster's prosecution.














This is really pathetic. Talk about being soft on violent crime.

This means that Keesee will probably be reinstated at the jail, of course - with seven months back pay. No labor in this state has rights unless it's a cop of some kind, it seems. All the guards who helped kill Marcia Powell got their jobs back, too...and the MCAO didn't have the guts to prosecute them, either - that was on Rick Romley's watch. What does it take in this place to get justice for the poor when we get beaten up or killed by law enforcement officers?

Meanwhile, the county attorney's office prosecuted William - despite his mental illness, the benign nature of the charges against him, and the beating he took in the jail by both Gerster and Keesee. I'm pretty confused about the direction of the MCAO now - I thought Bill Montgomery was against such abusive prosecutions of people who - but for the symptoms of a psychiatric disability - would not be in the criminal justice system. I was so sure he was I wished him a hug.

William was so impaired when he was arrested for indecent exposure that the judge who arriagned him ordered a rule 11 hearing and refused to release him - which is when he was beaten, disturbingly. You'd think if no one else was outraged about Keesee being let off, that judge who put him in their care would be. I sure am.

Guess victims in custody really don't have any rights in Maricopa County, pre-trial or otherwise - especially the most vulnerable and seriously mentally ill.

You all know who to complain to about this.
Don't just leave it as a conversation between him and me.

Bill Montgomery
Maricopa County Attorney
301 W. Jefferson St.
Phoenix, AZ 85003
602-506-3411



Original Court Minutes

POLICE BRUTALITY: This is also what resistance looks like.

Bill Montgomery's Follow-up HERE
(SEPTEMBER 2011)

MCSO Brutality update: Kevin Gerster and William Hughes

UPDATE (10/20/11):
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

Tough on Crime MCAO prosecutes William Franklin Hughes III.

Maricopa County Superior Court House (March 11, 2011)

Just so folks know, William Franklin Hughes III plead guilty last week to one misdemeanor charge of indecent exposure and one misdemeanor charge of criminal damage. He was originally up on 5 misdemeanors and 2 felonies, so I guess you could say that they cut him a deal. Considering that William was assaulted repeatedly in custody and has evidence of a serious mental illness, though, I think the Maricopa County Attorney's Office should have cut the guy loose after he took that beating. This stuff can accumulate on one's record and come back around again to haunt you, so it's never really a "favor" when they pursue prosecutions of people for the symptoms of their mental illness instead of divert them out of the CJ system altogether, though. They really stick it to people with a mental illness in this town, and they do it with a smile.


The folks I saw ten or fifteen years ago cycling in and out of county jails and shelters are now going to prison because they didn't get adequate public mental health care and they racked up such a record of misdemeanors living on the streets, not because they became more hardened criminals. That's how they end up doing 27 months for prostitution, like Marcia Powell, in the first place. That's pretty pathetic; hardly a sign of an evolved society.


That's $20,000 a year we're willing to put into incarcerating each mentally ill citizen - more, since we tend to put them in high security settings - but we aren't willing to invest it in keeping them from suffering from the symptoms for their illness and poverty. William was having such a rough time the night before he was even assaulted that his judge didn't think he was competent to stand trial, though - if he had been, she probably would have released him on bail at that time. I have no idea why the MCAO thinks he was criminally competent the night he was arrested; I don't think people with mental illness are really getting due process in this place.


William, if you're out there, please sue the hell out of the Maricopa County Sheriff's Office, or they'll keep doing to others what they did to you. I wish I had the satisfaction of at least knowing that you managed to moon the cops or something while you were being taken down, too.


Let's see if the MCAO is really "tough on crime" or just on the people: will they let MCSO Detention Officer Kevin Gerster walk with misdemeanors now, after beating Hughes up? They already let the guy slide by not charging him with class 6 felonies under ARS 13-3623, which is supposed to protect vulnerable adults. And will Alan Keesee even get charged for his assaultive behavior? As far as I know, he's still on paid leave from the MCSO.


Stay tuned...Gerster's final pre-trial management conference is May 18 at 8:45am, in front of Judge Verdin. Trial is on May 25 at 8am.

MCSO Brutality Watch: Gerster Court Records.

Gerster's Pre-trial Conference (March 11, 2011).
Maricopa County Superior Court: Central Court House.
W. Jefferson / 3rd Ave. Phoenix, AZ

Below are the links to Kevin Gerster's Maricopa County Superior Court records. You can find similar court records on other folks by following these links:

AZ Supreme Court (includes records on-line from county courts across the state)

Marciopa County Superior Court

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

http://www.superiorcourt.maricopa.gov/docket/CriminalCourtCases/caseInfo.asp?caseNumber=CR2010-008062

2 Counts of unauthorized access to criminal records F6 (I thought they had a computer tampering count on here as well, but I don't know what happened to it. His buddy used the information Gerster gave him to attack his ex-girlfriend and a former jail prisoner she was dating. He must have known what that guy would do with the address; that should make him an accomplice to two more assaults - both with a deadly weapon).

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

http://www.superiorcourt.maricopa.gov/docket/CriminalCourtCases/caseInfo.asp?caseNumber=CR2010-008065

3 counts of aggravated assault (F6) on William Franklin Hughes III, a prisoner in the Maricopa County Lower Buckeye Jail's mental health unit. Hughes was in on non-violent charges (which are being handled as felonies as serious as this one), and appeared to be having some kind of manic episode at the time - in his mug shot he looks deleriously happy. He never would have been assaulted if the MCSO investigated their own crimes as enthusiastically - even diligently - as they chase down undocumented children.


Charges should have been filed under ARS 136-623, the law that is supposed to protect vulnerable adults with mental disabilities from this kind of abuse - there's no reason it shouldn't apply to those in the custody of police, especially pre-trial detainees. Under that statute, the guards who held those prisoners while they were being assaulted, and the ones who didn't report Gerster themselves would be getting prosecuted for class 6 felonies, and Gerster and Keesee would be facing F2s on each count. With these charges, they're starting close to the bottom of the negotiating scale - which is why we should be on them about the plea deal.



***We have yet to see if charges are going to be brought against the other uniformed goon seen brutalizing Hughes on youtube, Alan Keesee. As far as I know, he's still on paid administrative leave from the MCSO. I think they hope it will all blow over soon. Help me make sure it doesn't. Call the MCAO at (602) 506-3411 ***


http://www.superiorcourt.maricopa.gov/docket/CriminalCourtCases/caseInfo.asp?caseNumber=CR2010-008073


2 counts of aggravated assault (F6) on Michael Flores, another prisoner in Arpaio's dungeons from June 2011. He broke this poor guy's jaw while he was strapped naked in 4-point restraints to a table in a maximum security solitary cell - hardly a threat to anyone. He was just an annoyance and sport for the night to Gerster, who no doubt verbally abused and humiliated him to no end as well. Flores didn't even get medical treatment until he was released five days later. I think that gives him two pretty solid civil rights cases against the Sheriff's Department.


This attack alone should put Gerster in prison longer than Anant Tripati has already served for fraudulent schemes, in my book (He made the mistake of insulting the prosecutor and every judge in the state, unfortunately, so they stacked his sentences - they're all intent on burying him in prison, but the judge who heard Gerster's case last week smiled and wished him "good luck"...


Here are the links to the minutes:

Case Number	Def Id	Name	Entry Date	Judicial Officer Name
CR2010008062	(001)	GERSTER, KEVIN MICHAEL	03/11/2011	COMMISSIONER LISA M. ROBERTS	View Minute Entry
CR2010008065	(001)	GERSTER, KEVIN MICHAEL	03/11/2011	COMMISSIONER LISA M. ROBERTS	View Minute Entry
CR2010008073	(001)	GERSTER, KEVIN MICHAEL	03/11/2011	COMMISSIONER LISA M. ROBERTS	View Minute Entry
CR2010008062	(001)	GERSTER, KEVIN MICHAEL	02/15/2011	HONORABLE MARIA DEL MAR VERDIN	View Minute Entry
CR2010008065	(001)	GERSTER, KEVIN MICHAEL	02/15/2011	HONORABLE MARIA DEL MAR VERDIN	View Minute Entry
CR2010008073	(001)	GERSTER, KEVIN MICHAEL	02/15/2011	HONORABLE MARIA DEL MAR VERDIN	View Minute Entry
CR2010008062	(001)	GERSTER, KEVIN MICHAEL	02/10/2011	COMMISSIONER LISA M. ROBERTS	View Minute Entry
CR2010008065	(001)	GERSTER, KEVIN MICHAEL	02/10/2011	COMMISSIONER LISA M. ROBERTS	View Minute Entry
CR2010008073	(001)	GERSTER, KEVIN MICHAEL	02/10/2011	COMMISSIONER LISA M. ROBERTS	View Minute Entry
CR2010008062	(001)	GERSTER, KEVIN MICHAEL	12/23/2010	COMMISSIONER STEVEN P. LYNCH	View Minute Entry
CR2010008065	(001)	GERSTER, KEVIN MICHAEL	12/23/2010	COMMISSIONER STEVEN P. LYNCH	View Minute Entry
CR2010008073	(001)	GERSTER, KEVIN MICHAEL	12/23/2010	COMMISSIONER STEVEN P. LYNCH	View Minute Entry

Police Brutality Watch: Gerster's March 11 Court Date

UPDATED UPDATE:
Here's the record of Gerster's Feb 10 court appearance.

There's a comprehensive Pre-trial Conference, March 11, 8:15am,
Maricopa County Central Courthouse (W. Washington St.)
The last one I was at was in the East tower.

Please turn out and show support for abused prisoners.

FYI: As of yet, it does not appear that MCSO detention officer Alan Keesee has been charged for his assaultive behavior. The ball is in the Maricopa County Attorney's court now, according to the MCSO. Let them know what you think about that case, too. Their contact info is:

301 W. Jefferson Street /Phoenix, Arizona 85003 / (602) 506-3411

Kevin Gerster's Arraignment

UPDATE (10/21/11):
Gerster's Sentencing

I made it down to the Maricopa County Courthouse this morning where Kevin Gerster was arraigned. The courtroom was late opening up, though, and there were 67 people on the morning's docket - the first half of whom were in custody and appearing from jail via video-camera. It was interesting to see that the only defendant not being represented by a public defender of some kind was Gerster - who is being very well-represented, no doubt, by David Cantor.

Before court commenced, the prosecuting attorney asked if any victims were present. None stepped forward, so I got up and introduced myself as representing the interests of families of people with serious mental illness, explaining that I was there to observe Gerster's indictment. I don't know if she was aware of my communication with Maricopa County Attorney Bill Montgomery or not, but she seemed somewhat annoyed with that, saying "it is what it is," then turned back to her table, effectively dismissing me.

Gerster entered the courtroom when I did, along with 3 companions - one of whom looked like he could be his brother. While hanging out in the lobby before the doors opened, Gerster looked relaxed, chatting and even laughing aloud with his lawyer. All I could think of was him assaulting those two mentally impaired, physically restrained prisoners for what appeared to be no reason but sadistic pleasure, and how much I wanted to see that guy sweating this out in chains and stripes with a court-appointed attorney, instead. That's not very abolitionist of me, I must confess, but honest.

As court commenced and Commissioner Lynch began to work his way through the prisoners in the order they were listed, I thought I was in for another hour or so, and ran out to drop more change in my meter. Big mistake. Needless to say, by the time I made it back through security and up to the 8th floor of the East Court House, Gerster was done and gone. No surprise, I guess - since his attorney was there only for him, my bet is that the judge called him up soon after I stepped out so Cantor could make it to his next appearance.

Privilege has its perks.

Fortunately KPHO was paying attention. Gerster plead "not guilty" to all charges and it was probably over in less than 2 minutes. He isn't due in court again until his pretrial conference on February 10 at 8:15am.

I'll post any updates here, but there likely won't be much more news on him unless the MCAO decides to drop one or more charges. I've decided to place a widget near the top of this page, too, with upcoming court dates of interest - a lot of cops here are criminals, it seems. This could drag on for a year before there's any trial or resolution, so I'll take more responsibility for organizing people to attend hearings.


William Hughes, one of Gerster's victims, is better-represented now, by the way - I believe through the Homeless Legal Assistance Project, where Craig Logdson mentors law students, and Ian Fischer is also somehow affiliated with. They appear to have sprung him even though he's facing a Rule 11 competency hearing in January. I don't know his current circumstances, but at least the kid won't spend Christmas in Joe Arpaio's cold, abusive jail. Frankly, I think his judge should just throw the charges out now and let him get on with his life; that guy has already endured enough.


No news on when/if William's other assailant, Alan Keesee, will be prosecuted. Millions of people have probably viewed that video by now, but as far as I know they're still "investigating" - and he's still on "paid administrative leave" (i.e. extended vacation).

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 Abuse of Vulnerable Adults and the Rule of Law

UPDATE (10/20/11):
Gerster's Sentencing


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


Montgomery's Follow-up Here
(9/11/2011)

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

That law being Arizona Revised Statute 13-3623, which is supposed to protect children and vulnerable adults from abuse...

William Franklin Hughes III

I did a little research on MCSO detention officers Gerster's and Keesee's victim, William Franklin Hughes III. He was arrested on a couple of different occasions in October for things like criminal damage, disorderly conduct, and indecent exposure. He had only one other prior, according to court records - a charge for possession of marijuana two years ago, for which he did probation.

This is the mugshot of a "vulnerable adult,"
one who wasn't even yet found competent to stand trial

Looking at William's mugshot (directly above), it actually appears he may have been roughed up during one of those recent arrests, but the big smile on his face - and the judges' November 9 order that he have a Rule 11 (competency) hearing - suggests that he is indeed mentally impaired. His attorney appears to have tried to get him released from jail that same day - just before the assault - but the judge denied the motion.


In any event, William was a pre-trial detainee, not a criminal serving a jail sentence, for those of you to whom that matters. He was a nuisance, perhaps, but there's no evidence he posed a real threat to anyone except himself. I suspect that the only reason the judge kept him in jail was because she thought he would be safe there, and might otherwise get in trouble again back out on the street.


Too bad no one with the power to do so decided to protect him in a psychiatric hospital instead.

Some of the news accounts I've read of Gerster and Keesee's assault on William suggest that just before Gerster jumped up on the table and stepped on his neck, the other officers had bent him over the table preparing to remove his handcuffs. Whether or not that was the case, Gerster clearly assaulted a prisoner who was not only restrained but also subdued.

It was also reported that Gerster assaulted William a third time, slamming his head up against the wall out of the view of cameras once he got him into his cell. That left the poor kid not only traumatized but also bruised and bleeding. Even so, the jail staff didn't see fit to get him any medical attention. The guys who were holding William as Gerster repeatedly assaulted him - with the help of Keesee - didn't even try to protect him.


I keep looking at his photos and wondering if they weren't giving him such a hard time because he was smiling or laughing at them. That's just what a lot of mentally disabled people do.

This is an abuser's mugshot...

The excuses Arpaio's new right-hand man, Jerry Sheridan, makes for why they didn't already nail Gerster for breaking another mentally ill prisoner's jaw in June are pathetic: if that was an officer who was assaulted, they would have arrested him within 24 hours - and neither William nor the couple that Gerster's friend attacked (with his help) would have ended up getting hurt by him.


As I see it, that guy's responsible for 3 counts of assault against William, one against Michael Flores (who was naked in 4-point restraints when Gerster attacked him), and conspiracy to to do great bodily harm to his buddy's ex-wife and the former prisoner she was dating (what did he think that guy was going to do with the address he illegally provided him with? Deliver flowers?). Those are all violent crimes - which sure makes him look like a repeat offender. I don't know how it is that he's out on bond in less than 24 hours, when William apparently didn't even have that option and he didn't hurt a soul.


What turns my stomach the most is that both Gerster and Keesee were responsible for taking care of mentally impaired prisoners - and you know these weren't the only times they abused them, by how casual and public they were about it. It seems like it was just a fluke that they got reported. The fact that they seemed to think they could get away with it indefinitely, even though they had to know they were on candid camera, is pretty disturbing.


Looking at how often staff in the MCSO jails have outright killed prisoners and faced no criminal consequences explains a lot, though. Arizona's big, bad tough-on-crime politicians are always saying that we need to "make an example of criminals", or everyone else with think they can get away with it too. Where were they when the Maricopa County Attorney decided not to prosecute anyone from the Arizona Department of Corrections for Marcia Powell's death?

And where were our representatives and public officials for all of Arpaio's victims of abuse and neglect? I don't recall them demanding that anyone be held accountable for Charles Agster, Scott Norberg, Juan Mendoza Farias, the unborn child of Michelle McCollum, Jose Rodriguez, Steve Cervantes, Jefferson Davis McGee, Eric Vogel, Matthew Creamer, Lance Hawthorne, Clint Yarborough, Kevin Holschlag, Brian Crenshaw...the list goes on and on. What could possibly be taking the feds so long, anyway?


Maybe I missed something, but in all those stories about the MCSO jails I haven't found one case of someone being held criminally responsible for their abuse or neglect. They murder people in there and get a pass every time. Yet if one of us gets shoved into a police horse during a protest, we're charged with assaulting an officer (even if it was a cop who did the pushing). If the banner we carry bumps someone with a badge and a gun in the midst of a panicking crowd, we face ten years in prison for accosting a public servant with a "deadly weapon" (ironically, that all really happened at an anti-Arpaio demonstration).


And where are those tough-on-crime, big-on-victims'-rights lawmakers and enforcers now, for all those sick, troubled, and despairing prisoners being abused in the custody of the MCSO? Too many of them are busy defending Arpaio's kind of "justice" instead of protecting his victims. Read some of those stories, and tell me how anyone with any ethical foundation at all can justify Arpaio's rule of law. I'm a citizen of this state, a tax-payer, a part of the public that the MCSO is sworn to protect and defend, and I can't help but wonder: what if my brother was in their hands? What if it was me?


What a sad thing it is to fear that someone I love is more likely to get hurt by the police in this state than by almost anyone else they encounter on the street.


It angers me that after all those tragedies - horrible traumas and deaths in his care - Arpaio still makes his devaluation of his prisoners' lives and welfare a point of pride. It's no wonder Flores and William Hughes were assaulted while fully restrained. The "tough" leadership at the MCSO provides a model for officers like Gerster and Keesee to emulate. Tough indeed: only bullies and cowards gang up on and brutalize people in chains, then pat each other on the back for being such brave and noble public servants. Those men are criminals of the worst kind - the kind empowered by the public's trust.


Most disturbing of all is that sadists like Joe Arpaio constantly get re-elected here, despite their long history of abusing both their power and the people. That tells me there's a real soul-sickness in this place that runs deeper than the state government and the MCSO.


Arizona law - if we are indeed abiding by the almighty "rule of law" in this state - provides extra protection for mentally disabled adults from abuse, yet it doesn't appear as if anyone has the intention of invoking it to protect the people getting brutalized the most. I think those who care about vulnerable adults need to ask Mr. Montgomery at the Maricopa County Attorney's Office why Kevin Gerster and Alan Keesee aren't being prosecuted for class 2 felonies (dangerous offenses). While you're at it, ask why those officers who were present and failed to protect their mentally ill prisoners from abuse aren't being prosecuted for class 6 felonies (also dangerous offenses) - under the statute below.


For those of you who missed the elections, "Bill Montgomery was elected Maricopa County Attorney in 2010 on a pledge to fight crime, honor victims’ rights, and protect and strengthen our community." He was supported wholeheartedly by Joe Arpaio, but let's hold him to the letter of the MCAO creed to "ensure justice for all", anyway. He might just come through for us. If not, then I think we should head for the U.S. District Attorney's office and demand that they charge our rogue local lawmen for federal civil rights violations in criminal court. Otherwise, this abuse won't ever end...

“The power that accompanies a police officer’s badge does not give the officer the right to violate the civil rights of those in his or her custody. The Justice Department will aggressively prosecute any officer who abuses their power and violates the public trust in this way."

Thomas E. Perez
Assistant Attorney General, Civil Rights Division

(on the November 2010 sentencing of former Baltimore officer Gregory Mussmacher to five years in federal prison for assaulting a prisoner)

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

Arizona Revised Statutes

13-3623. Child or vulnerable adult abuse; emotional abuse; classification; exceptions; definitions

A. Under circumstances likely to produce death or serious physical injury, any person who causes a child or vulnerable adult to suffer physical injury or, having the care or custody of a child or vulnerable adult, who causes or permits the person or health of the child or vulnerable adult to be injured or who causes or permits a child or vulnerable adult to be placed in a situation where the person or health of the child or vulnerable adult is endangered is guilty of an offense as follows:
1. If done intentionally or knowingly, the offense is a class 2 felony and if the victim is under fifteen years of age it is punishable pursuant to section 13-705.
2. If done recklessly, the offense is a class 3 felony.
3. If done with criminal negligence, the offense is a class 4 felony.
B. Under circumstances other than those likely to produce death or serious physical injury to a child or vulnerable adult, any person who causes a child or vulnerable adult to suffer physical injury or abuse or, having the care or custody of a child or vulnerable adult, who causes or permits the person or health of the child or vulnerable adult to be injured or who causes or permits a child or vulnerable adult to be placed in a situation where the person or health of the child or vulnerable adult is endangered is guilty of an offense as follows:
1. If done intentionally or knowingly, the offense is a class 4 felony.
2. If done recklessly, the offense is a class 5 felony.
3. If done with criminal negligence, the offense is a class 6 felony.
C. For the purposes of subsections A and B of this section, the terms endangered and abuse include but are not limited to circumstances in which a child or vulnerable adult is permitted to enter or remain in any structure or vehicle in which volatile, toxic or flammable chemicals are found or equipment is possessed by any person for the purpose of manufacturing a dangerous drug in violation of section 13-3407, subsection A, paragraph 3 or 4. Notwithstanding any other provision of this section, a violation committed under the circumstances described in this subsection does not require that a person have care or custody of the child or vulnerable adult.
D. A person who intentionally or knowingly engages in emotional abuse of a vulnerable adult who is a patient or resident in any setting in which health care, health-related services or assistance with one or more of the activities of daily living is provided or, having the care or custody of a vulnerable adult, who intentionally or knowingly subjects or permits the vulnerable adult to be subjected to emotional abuse is guilty of a class 6 felony.
E. This section does not apply to:
1. A health care provider as defined in section 36-3201 who permits a patient to die or the patient's condition to deteriorate by not providing health care if that patient refuses that care directly or indirectly through a health care directive as defined in section 36-3201, through a surrogate pursuant to section 36-3231 or through a court appointed guardian as provided for in title 14, chapter 5, article 3.
2. A vulnerable adult who is being furnished spiritual treatment through prayer alone and who would not otherwise be considered to be abused, neglected or endangered if medical treatment were being furnished.
F. For the purposes of this section:
1. "Abuse", when used in reference to a child, means abuse as defined in section 8-201, except for those acts in the definition that are declared unlawful by another statute of this title and, when used in reference to a vulnerable adult, means:
(a) Intentional infliction of physical harm.
(b) Injury caused by criminally negligent acts or omissions.
(c) Unlawful imprisonment, as described in section 13-1303.
(d) Sexual abuse or sexual assault.
2. "Child" means an individual who is under eighteen years of age.
3. "Emotional abuse" means a pattern of ridiculing or demeaning a vulnerable adult, making derogatory remarks to a vulnerable adult, verbally harassing a vulnerable adult or threatening to inflict physical or emotional harm on a vulnerable adult.
4. "Physical injury" means the impairment of physical condition and includes any skin bruising, pressure sores, bleeding, failure to thrive, malnutrition, dehydration, burns, fracture of any bone, subdural hematoma, soft tissue swelling, injury to any internal organ or any physical condition that imperils health or welfare.
5. "Serious physical injury" means physical injury that creates a reasonable risk of death or that causes serious or permanent disfigurement, serious impairment of health or loss or protracted impairment of the function of any bodily organ or limb.
6. "Vulnerable adult" means an individual who is eighteen years of age or older and who is unable to protect himself from abuse, neglect or exploitation by others because of a mental or physical impairment.