Retiring Arizona Prison Watch...


This site was originally started in July 2009 as an independent endeavor to monitor conditions in Arizona's criminal justice system, as well as offer some critical analysis of the prison industrial complex from a prison abolitionist/anarchist's perspective. It was begun in the aftermath of the death of Marcia Powell, a 48 year old AZ state prisoner who was left in an outdoor cage in the desert sun for over four hours while on a 10-minute suicide watch. That was at ASPC-Perryville, in Goodyear, AZ, in May 2009.

Marcia, a seriously mentally ill woman with a meth habit sentenced to the minimum mandatory 27 months in prison for prostitution was already deemed by society as disposable. She was therefore easily ignored by numerous prison officers as she pleaded for water and relief from the sun for four hours. She was ultimately found collapsed in her own feces, with second degree burns on her body, her organs failing, and her body exceeding the 108 degrees the thermometer would record. 16 officers and staff were disciplined for her death, but no one was ever prosecuted for her homicide. Her story is here.

Marcia's death and this blog compelled me to work for the next 5 1/2 years to document and challenge the prison industrial complex in AZ, most specifically as manifested in the Arizona Department of Corrections. I corresponded with over 1,000 prisoners in that time, as well as many of their loved ones, offering all what resources I could find for fighting the AZ DOC themselves - most regarding their health or matters of personal safety.

I also began to work with the survivors of prison violence, as I often heard from the loved ones of the dead, and learned their stories. During that time I memorialized the Ghosts of Jan Brewer - state prisoners under her regime who were lost to neglect, suicide or violence - across the city's sidewalks in large chalk murals. Some of that art is here.

In November 2014 I left Phoenix abruptly to care for my family. By early 2015 I was no longer keeping up this blog site, save occasional posts about a young prisoner in solitary confinement in Arpaio's jail. I'm deeply grateful to the prisoners who educated, confided in, and encouraged me throughout the years I did this work. My life has been made all the more rich and meaningful by their engagement.

I've linked to some posts about advocating for state prisoner health and safety to the right, as well as other resources for families and friends.

until all are free -

MARGARET J PLEWS (June 1, 2015)
arizonaprisonwatch@gmail.com



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Showing posts with label negligent homicide. Show all posts
Showing posts with label negligent homicide. Show all posts

Thursday, November 4, 2010

Suicide/homicide rates skyrocket at AZ Department of Corrections

I obtained prisoner death records last week from the AZ Department of Corrections, and the stats on suicides and homicides since Brewer took office are mind-boggling: they're twice the rate as they were when Janet was governor; this fiscal year (beginning July 2010) the suicides are on track for being three times the annual rate.

In no instance of the recent suicides has there been documentation that ADC staff had any culpability - though I've had more than one family member tell me that their mentally ill loved one had been taken off of their psychiatric medications in prisons before their suicide or homicide.
That sounds to me like a pattern of institutional neglect.

Anthony Lester's death remains a mystery to me, by the way - the ADC record detailing his death lists his injuries as self-inflicted (his jugular, his right wrist, and his leg were all cut with a razor) , but a document compiling the deaths for the year calls it a homicide. Tony's family was told it was a suicide - a "highly preventable" one, which they tried to warn the ADC he was at risk for. They have other information suggesting that he believed he was in imminent danger from a gang, though. Until I get confirmation to the contrary, I'm leaving him in the suicide category.

Tony suffered from schizophrenia, and was sentenced to more than a decade in prison due to two women being slightly injured trying to prevent him from cutting his throat
(both required band-aids at the scene) during a psychotic episode. He had to be restored to sanity before he could go on trial, of course.

That's par for Maricopa County's treatment of people with mental illness who needed psychiatric hospitalization before or at the time of their "crime". If I could sick the DOJ on every responsible judge and prosecuting attorney, I would, because that's a violation of the Olmstead Decision, as far as I'm concerned.
The Olmstead Decision was a Supreme Court verdict that determined that the Americans with Disabilities Act (ADA) requires states to deinstitutionalize and place people with disabilities in the least restrictive setting possible.

Arizona, after 20 years of Arnold v. Sarn litigation, is still underserving the seriously mentally ill in the community. Here they're just criminally prosecuted for the symptoms of their illness and thrown into the most restrictive setting possible - state prison (often maximum security) - largely because the state lacks adequate outpatient and inpatient alternatives for individuals at risk of harming themselves or others (we spend it all on corrections instead. If ADC Director Ryan had any courage, he'd call that what it is and tell the state where to put their money and the courts where to stuff their convictions).

Why else would a judge give a man with schizophrenia three years for climbing a utility tower in a thunderstorm to be closer to God? Why would he even be prosecuted for that in the first place? I think they actually believed they were protecting him from himself. Sadly, Shannon Palmer ended up being murdered by his cellmate two years in.


The deaths by "natural causes" are also extremely young - go to the ADC's website, under ADC in the News, for death notices. There's an archive on that page, too. I suspect that it's complications from the effects of the Hep C virus that's killing people so young inside. I'll be analyzing the documents I obtained further to confirm that, and post it when I compile it all.

Here are the links for the APW posts about the more recent suicides:


Special Management Unit: Prisoner suicide at ASPC Eyman (11/4) - James Galloway


Prison suicide and gangs at Florence Central (10/01) - Duron Cunningham, Rosario Rodriguez-Bojorquez


Additionally, I missed a couple of suicides in my compilation that I didn't have info on until now:

Douglas Nunn 33 (8/29/09) - ASPC-Florence/Central

Patricia Velez 25 (4/28/10) - ASPC-Perryville/Lumley

All 3 of the women who have killed themselves in the past year and a half hung themselves and were housed in Lumley, where the maximum security yard is. All three were in their 20s. I don't know if Patricia had a mental illness or not: a psychological report was sealed by the court when she was sentenced to 7.5 years for aggravated assault and fleeing a law enforcement vehicle. Geshell and Sasha, the other two women from Lumley who killed themselves, did have evidence of a serious mental illness when sentenced.

Two of the men who killed themselves recently were both from ASPC-Florence/Central. The largest number of male suicides in any one prison have occurred at ASPC-Eyman, however.

Sometime in the next couple of days I'll break down the suicides and homicides by race and age, and tell you how they compare to stats for the overall prison population, as well as to rates in the general population. It seems to me that if all the violence boiled down to a gang war, the Aryan Brotherhood is winning.

Tuesday, September 7, 2010

Negligent Homicide of Marcia Powell

The comment following the article below is my response as posted on the PHX New Times website. Stephen Lemons has done a lot of good work covering Marcia's death.

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Marcia Powell Cage Death: County Attorney Releases ADC PowerPoint, Internal ADC Investigation Not Reviewed by CA

The Maricopa County Attorney's Office did not review a 3,000 page internal Arizona Department of Corrections investigation into the 2009 cage death of Perryville Prison inmate Marcia Powell.

The County Attorney's office last week declined to prosecute anyone involved in Powell's heat-related death. The ADC had asked for charges of negligent homicide to be brought against seven corrections officers on duty May 19, 2009, the day Powell was kept in an outside enclosure for four hours in 107 degree heat.

Powell collapsed and was never revived. She later died at West Valley Hospital in the early morning hours of May 20, after ADC director Charles Ryan authorized doctors to suspend life support.

A 3,000 page internal investigation released by ADC last year revealed accounts by inmates that Powell was never given water and that she was mocked or ignored by ADC staff when she asked for water, to go to the bathroom, or to be taken back inside.

Though corrections officers maintained that Powell had been given water, her desiccated corpse argued otherwise. She had been kept outside in the blazing Arizona sun hours past the department's own two-hour cutoff for such en plein air detention. Also, her body was covered in excrement, as she soiled herself while in the enclosure.

But according to ADC spokesman Barrett Marson, the County Attorney's office never reviewed the 3,000 page report released last year. Instead, the CA received a copy of ADC's separate, criminal investigation, which Marson characterized as "even more voluminous."

Based on that criminal investigation, the CA's office concluded that there was "insufficient evidence" to go forward with a prosecution.

Why didn't the CA get to see the internal investigation, which was made public and reported on by several news outlets? This has to do with something called "the Garrity rule," based on the U.S. Supreme Court decision Garrity vs. New Jersey.

According to the Garrity rule, law enforcement officers can be compelled to answer certain questions by their employers, but those statements cannot be used against a LEO in criminal proceedings.

The CA's office is currently preparing the criminal case file for release. In the meantime, they have released a PowerPoint presentation given by ADC staff to the CA's office. You can see a copy of it, here. (Warning, it contains some blurry photos of Powell's corpse.)

"That was like reading the Reader's Digest condensed version of things," said prison reform advocate Donna Hamm after reviewing the document. "Clearly they left out a lot of relevant, very important stuff, like the fact that she had soiled herself a couple of times. It was a cleaned-up condensed version."

Nevertheless, the PowerPoint is damning. It notes that some officers were aware that the mentally ill Powell was on psychotropic drugs that could cause "an elevation of the body temperature."

And you would think that staff psychologist Dr. Susan Kaz, the person who (according to the PowerPoint) directed the c.o.'s to move Powell from her cell to the outside enclosure, would have been aware of this as well.

When Powell's body was examined by the county coroner, it was found to have a core body temperature of 108 degrees Fahrenheit. It may have been higher, as medical thermometers only go as far as 108 degrees.

Corrections officers provided conflicting statements according to the PowerPoint. They didn't keep proper logs and notes. And some displayed callous indifference to Powell's suffering.

When officers discovered that Powell had collapsed, one asked officer Esmeralda Pegues, who was stationed nearby the enclosure, how long Powell had been on the ground.

"Officer Pegues replied with words to the effect of, `several minutes,'" the PowerPoint states.

Pegues was one of the seven officers the ADC requested felony charges on. The others were Evan Hazelton, Iain Fenyves, Electra Allen, Cortez Agnew, Anita Macias and Ariana Mena.

Hamm told me that she doesn't believe that conflicting statements from the c.o.'s should be enough to stop a prosecution.

"In any big crime, there are conflicting witnesses," she argued. "That shouldn't scare off the county attorney."

The CA's decision on this matter is disappointing. I'm left to wonder if things might have been different if Powell had next-of-kin willing to push for indictments on her behalf.

Indeed, there's no one around to even sue. Her aged, estranged adoptive mother, who lives in California, reportedly wanted nothing to do with Powell's case.

More than 16 ADC employees were ultimately fired or disciplined in the fallout from the Powell incident, but that's hardly justice. Powell's death deserves more.

Thursday, September 24, 2009

PHX New Times: Ryan Resign

Marcia Powell Cage Death: Gov. Jan Brewer Backs Charles Ryan at ADC, Despite Ryan's Ordering Plug Pulled on Powell

picresized_1243772409_ryann2.jpg
Charles Ryan, known to detractors as "Darth Ryan," has the full confidence of Arizona's lame -- if not yet lame-duck -- Governor Jan Brewer  

Charles Ryan may have pulled the plug on Macia Powell too soon. He may have overseen an ADC staff that denied her water for hours in a shadeless wire cage, a staff that allowed the severely mentally ill Powell to defecate on herself in captivity, that allowed her to perish in 107-plus degree heat while under the influence of psychiatric drugs, making her even more vulnerable to the heat. But he still has the support of Arizona's Governor-for-the-moment Jan Brewer.

According to Brewer's top flack, Ryan -- who is currently ADC's Interim Director, despite describing himself as ADC's official "Director" on ADC's Web site -- remains Brewer's pick to be ADC's top administrator. Never mind him stepping over a dead inmate to grab the brass ring.

"He was not submitted or confirmed in the last session," wrote Brewer flack Paul Senseman in e-mail Wednesday. "It is expected that he will be submitted to the legislature and likely confirmed in the next legislative session."

(How Ryan's current bureaucratric supremacy will play with the possible sale/leaseback of the state's prisons is unknown.)

Asked whether Ryan should resign his interim position because of the way he's mishandled Powell's grotesque demise in state custody, Senseman was positively blithe.

"I'm not aware of any independent person or organization who is suggesting otherwise," tut-tutted Senseman.
Senseman did not reply to follow up questions inquiring if the Governor was in any way remorseful over Powell's death, why she remained confident in Ryan's abilities in spite of his obvious bungling, and if she supported Ryan ending Powell's life support without consulting with Powell's court-appointed guardian, Maricopa County's Public Fiduciary.

An extensive search by the fiduciary's office after Powell's death found a living relative -- Powell's adoptive mother, and the possibility of other relatives yet to be located. Though Powell's adoptive mom did not wish to take custody of Powell's remains, one wonders what her response would have been if she had known earlier that her estranged daughter was on life support.

The Arizona Republic has apparently snagged a copy of the 3,000 page ADC report on Powell, describing the morbid details of Powell's last hours on this earth. The persistent neglect of some ADC employees for Powell's welfare is evident. But are those fired and disciplined by Ryan simply the fall-guys?

According to what the Rep is reporting, there's plenty of blame to go around. An ADC sergeant failed to report the fact that Powell had collapsed. Powell's fellow inmates said she was denied water while in the human cage. Powell's request to be taken back to her indoor cell was ignored. And so on.

One person definitely not taking responsibility for Powell's death is Ryan.


Here's a novel idea for the former Bush administration flunky, used to overseeing Iraqi prisons for the U.S. State Department: Do the honorable thing and resign.

Otherwise, may the ghost of Marcia Powell forever haunt you...