"NO HUMAN INVOLVED": HELP FREE MARCIA POWELL!!!

a free Marcia Powell in 2008

 on Van Buren and 16th st, downtown Phoenix

Photo by Gary Millard

As many of my friends in Phoenix know, from time to time over the course of the past few years an awesome Australian filmmaker by the name of PJ Starr has come out to visit me and film area activists for her documentary about the death of Marcia Powell - the catalyst for Arizona Prison Watch to be born in the summer of 2009. 

Well, folks, it's finally almost done. We need some help to finish it, though, so please give if you can - there's an Indigogo fund set up for it, and we can really use your help. The title of the film comes from a time when the cops would document homicide victims as being male or female; in the case of prostitutes, however, they would write "NO HUMAN INVOLVED".

Here's PJ talking about "No Human Involved", along with the trailer - it looks really compelling. 

Thanks to Ruth Jacobs for this interview.

Please help Free Marcia Powell, and visit the Indigogo page...

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‘No Human Involved’: Filmmaker PJ Starr Discusses Her Documentary Telling Marcia Powell’s Story

Posted on September 4, 2014 

by Ruth Jacobs in Decriminalisation of Prostitution, Harm Reduction, In the Booth with a Film

 

PJ Starr – picture taken during filming
Photo credit: Mike Shipley

Can you tell me about your current project No Human Involved?

In 2009 my friend and colleague Cris Sardina (who is now the co-coordinator of the Desiree Alliance) sent me an email about the death of Marcia Powell in Perryville Prison outside of Phoenix, Arizona. Marcia had been serving a 27 month sentence for solicitation of prostitution and corrections officers had left her out in the sun in a metal cage in searing heat until she collapsed. Soon after, in hospital her life was ended when the Director of Arizona Department of Corrections removed her from life support.

Cris Sardina of Desiree Alliance holding pictures of Marcia Powell
Photo credit: PJ Starr

After reading about what happened, Marcia’s story was always with me.

Later in 2010 at the Filmmakers’ Collaborative at the Maysles Institute in Harlem, NYC, I began to develop the idea of investigating Marcia’s case as a potential documentary film. Many of my peers at Maysles—who were people with a lot of community organizing knowledge already—were quite astounded by the sentence she was serving and what had happened to her. I knew then that documenting what had happened to Marcia Powell could be a vital step in educating the general public about the real harms caused to people in the sex trade by the prison industrial complex.

It was a departure for me to embark on this documentary for a wide range of reasons. In 2010 I didn’t know anyone in Phoenix, I wasn’t acquainted with the organizing there and I didn’t know Marcia personally either. My previous work had always been with folks I had known for years. But my film mentor Carol Leigh encouraged me to try this new step and connected me to several key activists in Phoenix, most importantly with Peggy Plews of Arizona Prison Watch. In March of 2011, I visited Peggy and several other the local activists to ask if they thought the film should be made and if my approach appealed to them. I knew from being involved in grassroots organizing that so often “outside experts” suck the energy out of community to “tell a news story” or make a film and this was something I wanted to avoid doing. Everything fell into place during that first journey, we all were on the same page. People were also beginning to reflect on how Marcia’s death had set a series of events in motion and wanted to talk about that in the context of a documentary.

What do you hope this project will achieve?

Chalking by Peggy Plews of Arizona Prison Watch

I want people to understand that what happened to Marcia can happen again. The film is not about an isolated, shocking incident (even though the case is horrific), rather it explores an example that exposes the system. As a member of Phoenix Food Not Bombs said at Marcia’s memorial service in 2009, “this has happened before, it will happen again, it happens to men, women and transgender people.” There is a mistaken belief amongst concerned people out there that somehow going to prison can “turn someone’s life around” and help people “escape” prostitution or drug use. So, the first part of the message of NO HUMAN INVOLVED is that prison is not safe, you don’t get comprehensive services there, you are dehumanized. If you are a woman who doesn’t conform to a very narrow set of gender norms set out in prison, you are at greater risk, or if you are trans, or queer, or if you have a mental health issue. The second part is that a web of terrible laws and policies—ranging from statutes to prevent walking and sleeping in public space and surviving through sex work—are sending people to prison for very long periods of time under mandatory sentencing. And to spell out the point, I think there are many, many people in the general public who want women like Marcia to “be helped” but they don’t yet understand the real functioning of the law, how policing happens, what happens to you in the court room and the system that classifies you once you are inside a prison. NO HUMAN INVOLVED unpacks all of this step by step so that audiences can think differently about what needs to change. The film is also raises awareness about the sheer numbers of people being arrested under the current criminalization of the sex trade in Arizona and the sheer numbers of people being placed in jails and prisons for doing what they need to live.

Can you share about the research you’ve undertaken to get this off the ground?

When I first started developing the film idea in 2010 and early 2011, I read a lot of online materials and reports about Marcia’s death. Since then the ACLU Arizona has published some very important documents about the experiences of prisoners that also form background information for the film. Over time NO HUMAN INVOLVED has evolved into very much a community project. Even though I have experience in doing research, finding accurate information relating to incarceration has been a learning curve and I am in awe of what folks in Phoenix can do. A colleague in Arizona has shown me how to request extremely detailed information from Arizona Department of Corrections and my good friend Monica Jones not only explained how the courts function in Arizona but encouraged me to find recordings and video tapes of Marcia’s court appearances. Kini Seawright (of the Seawright Prison Justice Project), has helped me seek out connections in the activist community to find people who personally knew Marcia. Kini keeps me putting my heart into the film. I’ve spoken to scores of people to record background interviews, including some with amazing women who were in Perryville with Marcia who have shared about who she was and how she was treated. I’ve met and interviewed people from the corrections system and a local filmmaker gave me truly vital original footage of Charles Ryan (the director of the Department of Corrections) speaking about the case at a memorial for Marcia organized by activists in 2009. In order to document how the community has responded in the years since Marcia’s death, I’ve attended (and filmed) church services, memorials, meetings at local women’s groups, rallies, actions, I’ve filmed (with permission) in the court and spoken to law enforcement. I’ve seen (and documented) the emergence of SWOP Phoenix as a presence to challenge the policing practices that put Marcia on that path to Perryville Prison.

What stage is the project at currently?

I am working with a very dedicated editor in the NYC area on the second cut of the film. Once we have enough funding, we will refine it, and create the DVD to begin the film’s distribution. As with most films these days NO HUMAN INVOLVED has been a labor of love (ie unfunded) but there are certain things such as mastering the DVD that I need to have done professionally in order to get Marcia’s story the attention it deserves.

Are you looking for people to be involved?

If folks are on social media they should follow/like the NO HUMAN INVOLVED project on Facebook and Twitter or send me an email to get updates as the film is completed and released. Currently I am hosting the first online fundraiser I have ever done to support one of my own creative projects to raise what we need for the absolutely essential things that a really polished documentary needs. Donations are tax deductible and every cent will be going back to support the film.

In the future as we plan actions and connect to campaigns related to the film, there will be many other things for people to engage with so please find a way to get in touch. I am also always happy to share what I have learned with others in the community so if a reader wants support in developing a rights based project related to the theme of NO HUMAN INVOLVED then I am happy to do as much as I can to share information, skills and connections.

Who is the target audience and what message do you want them to take away with them?

With this film I am taking a step out to interface with people who may know a little about the impact of incarceration but who have not yet had a chance to connect the dots about anti-prostitution policies, policing, the prison industrial complex and people in the community who also happen to be engaged (or profiled as engaging) in sex work. And even though as rights based activists we have collectively made enormous strides in explaining all of this, I am sure that there is a very large number of people out there who want to do the right thing by the communities of people mentioned in the film (sex workers, people with mental health issues, people with experiences of incarceration) but need more information. The film is a rights project engaging with the audience to explain that prisons are not a solution and that human rights, not “rescue” by the police, are what work best. The phrase “no human involved” indicates that the powers that be are not interested in investigating violence committed against certain groups of people because their lives are considered unimportant. The documentary NO HUMAN INVOLVED reaffirms Marcia’s humanity and is an investigation of its own kind. Finally, the phrase “free Marcia Powell” (first used by Peggy Plews of Arizona Prison Watch) is repeated throughout the film and will anchor social media strategies in a call for liberation of Marcia’s spirit and all those who are still incarcerated.

What are your plans for the future? 

Once NO HUMAN INVOLVED is completed, I will turn my activist attention to ensuring the film leads to the change that we intend. But I am also beginning to work on another project with Monica and some other people in Phoenix.

Where can people find out more about your project?

I am keeping updates flowing very regularly on Facebook and Twitter, and the film is currently fiscally sponsored as a Women Make Movies project.

Recommended websites/further reading:

I highly recommend checking out Peggy Plews writing at Arizona Prison Watch.

The book Women’s Resistance Behind Bars by Victoria Law illustrates how women in prisons seek justice and is essential reading. Victoria is also an advisor to NO HUMAN INVOLVED. Victoria and colleagues at Truthout also provide an instructive commentary on documentary and journalist portrayals of prisoners at a 2014 panel discussion at the Left Forum in NYC. They describe what works and what undermines activism and recommend some excellent films to view as well.

For very honest and insightful information from someone who has worked within the Department of Corrections at a senior level, I recommend the various writings of Carl Toersbijns.

To support the final phase of producing the documentary NO HUMAN INVOLVED click here to donate to the Indiegogo campaign.

International Sex Workers' Rights Day: March 3, 2011.

In memory of Marcia Powell,
and all our other brothers and sisters dying out there...

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SEX WORKERS and HUMAN RIGHTS: Best Practices

Report on The United States of America 9th Round of the Universal Periodic Review – November 2010

1. This report is submitted by the Best Practices Policy Project, Desiree Alliance, and the Sexual Rights Initiative. It focuses on civil and human rights violations of those engaged, or perceived to be engaged, in sexual trade and sex work in the U.S.

Background and Context

2. People involved in sexual trade or sex work in the U.S. are found in a wide array of settings and circumstances; perform a variety of services; and communicate with clients through clubs, on the street, through newspapers, phonebooks, and the internet. They include people of all gender identities who work in clubs, in brothels, in their or other’s homes, in hotels, outdoors, and in other spaces. While sex work is generally stigmatized and aspects of it criminalized, street-based or outdoor workers, transgender or gender non-conforming people, people of color, migrants, and youth consistently bear a particularly heavy burden of police abuse and harassment, institutional discrimination, and violence.

3. Stigmatization of sex workers and those profiled as such in tandem with “zero-tolerance” policing in urban areas where poorer communities are being displaced, operate to ensure that these populations are disproportionately impacted by the prison system. Sex workers in these areas face additional burdens of police violence and abuse. Arrests for sex work can lead to a cycle of continued exclusion from housing and other job opportunities, and to re-imprisonment. Furthermore, because many forms of sex work in the U.S. are treated as a crime, law enforcement officials frequently fail to recognize that sex workers can be victims of crime, and thus deny justice or support to sex workers who seek their help.

Legal and Institutional Framework

4. Criminal prohibition of sex for money and surrounding activities exists in most states (with the exception of some counties in the state of Nevada). Some forms of sex work, such as exotic dancing, may not be prohibited by state legislation but they are always regulated by state and municipal policies. Sex work that occurs in public spaces is also often policed under legislation prohibiting loitering, public nuisance, trespassing or “failure to obey” a police officer’s directive to move along. More states in the U.S. are now mandating minimum sentences so that judges are required to give people convicted for prostitution-related offenses jail time and some states have sentencing guidelines and judicial practices which make a third charge for prostitution-related offenses a felony.

5. While the United States has only ratified a few of the major U.N. human rights treaties, (the Convention on the Elimination of All Forms of Racial Discrimination (CERD), International Covenant on Civil and Political Rights (ICCPR), the Convention against Torture (CAT), and the Convention on the Rights of the Child (CRC), these treaties have direct bearing on sex workers’ human rights. These include: the right to be free from discrimination; freedom from torture, cruel, inhuman and degrading treatment; the right to healthcare; and the right to equal protection under the law.

The Right to Equal Protection under the Law

6. Sex workers of color in the United States are disproportionately targeted by the police for arrest because of their minority status, violating the U.S. Constitution, international standards against discrimination and treaties such as CERD and ICCPR. Furthermore, people of color from the lowest income communities who do sex work in public spaces to meet their most urgent and immediate needs, are relentlessly and disproportionately targeted by the police. Arrest and subsequent conviction for prostitution and prostitution-related offenses intensifies the homelessness or housing precariousness experienced by people from low-income communities because people with criminal records are barred from accessing, or may lose, their public housing.

7. Transgender women, especially those of color, in the United States are profiled, targeted, harassed, cited and/or falsely arrested by the police as sex workers for simply walking outside. Male sex workers may be harassed by the police in part because of homophobia and women sex workers who are perceived to step outside of traditional female roles (e.g. by failing to be subservient) may be disproportionately targeted for arrest. Gender based discrimination against women and gender non-conforming people violating their right to equal protection under the law is reinforced by anti-prostitution legislation. For example, legislation enacting “Prostitution Free Zones,” areas in which police may move along and arrest people who they believe to be prostitutes, erode legal protections barring officers from detaining individuals on the basis of how they are perceived or the way they are dressed.

8. Another particularly discriminatory practice by state agents is sex offender registration of people convicted for sex work related offenses. In some parts of the U.S., these sex workers are registered as sex offenders for ten years and must carry an identification card with “sex offender” stamped on it, among other penalties. The majority of people sentenced this way are African-American and almost all are women and transgender women. They then face discrimination from employers, housing agents and are unable to qualify for education loans, making it impossible to secure even menial, low-wage work. Because they become completely shut out from other forms of work, many people who are registered as “sex offenders” have no other option but to continue in sex work, potentially returning to prison after subsequent arrests.

9. Many people engaged in sexual exchange, particularly street-based workers, face violence, including assault and rape, and numerous sex workers are murdered each year. The notion that sex workers are “disposable” may be the root cause of this violence. The legal establishment does not conceive that sexual workers can be sexually assaulted and may obstruct sex workers’ attempts to seek justice for crimes committed against them. Such violations of sex workers’ rights lead to a lack of faith in the State providing them with adequate promotion and protection of their lawful human rights, including protection from violence. Furthermore, sex workers fear further harm, humiliation, and/or arrest when turning to the authorities for assistance. Youth thought to be engaged in the sex trade face discrimination and neglect from a wide range of institutions, including hospitals, shelters, treatment centers, Child and Family Services agencies, and law enforcement agencies.

10. Migrant sex workers face the double burden of stigmatization for working in criminalized labor sectors and for their immigrant status. A portion of migrant sex workers are undocumented but even if migrants have correct immigration paperwork, engaging in sex work can both invalidate visas causing deportation and prevent entry into the United States. Anti-prostitution laws can therefore become a tool for immigration officials seeking to deport migrants: recently police have begun arresting large numbers of Latinas, charging them with prostitution related offenses leading to their deportation. When arrested or in court immigrants are often not provided with an interpreter, so they may be completely unaware of the charges brought against them and/or the need for attendance at follow up court dates significantly impacting on their access to criminal justice.

11. Misguided U.S. law and policy addressing trafficking in persons makes the lives of migrant sex workers more difficult. Migrant workers may be arrested, detained and subsequently deported in “raid and rescue” missions carried out by local law enforcement and federal immigration authorities. The current prosecution-oriented approach to anti-trafficking work in the US also traumatizes trafficked persons. People trafficked into the sex sector in the United States are forced to comply with law enforcement and endure possible “re-victimization” in order to get benefits and status. Migrant sex workers have become increasingly wary of service providers because of the operation of some anti-trafficking organizations that have provided information about work places to law enforcement authorities leading to raids, arrest and deportation. U.S. anti-trafficking policies undermine the health and rights of sex workers both domestically and internationally by requiring that organizations seeking funding adopt a policy against sex work (“anti-prostitution pledge”).

Freedom from torture, and other cruel, inhuman and degrading treatment

12. U.S. sex workers’ greatest fear is abuse by the police and other state agents. Organizations working with sex workers have documented a pattern of practice by police towards sex workers, which includes assault, sexual harassment and rape that constitutes torture and cruel, inhuman and degrading treatment. Street sex workers and other people who are often profiled as prostitutes (such as transgender women) are very frequently subjected to this kind of treatment. When sex workers seek recourse for crimes committed against them, officers do not take their reports seriously or may further violate these sex workers by arresting them, physically assaulting them or pressuring them for sex.

The Right to Adequate Health Care

13. Criminalization, marginalization and stigma prevent sex workers from enjoying their right to health by undermining their access to adequate health care and the conditions in which they live and work. The U.S. Government has failed to ensure adequate access to health services and support for sex workers. They are not provided with HIV prevention and education services that would help them protect their own health and the health of their customers. Furthermore, policing directly undermines sex workers’ ability to prevent the transmission of HIV and other sexually transmitted infections because of the widespread law enforcement practice of using condoms as evidence and/or destroying condoms and safe sex materials.

14. Sex workers in the United States are very unlikely to discuss their work with medical providers because of fears about how they will be treated in addition to their fears of the law. These fears are based on real lived experiences. Sex workers who approach police with severe injuries from violence perpetrated against them are routinely belittled and blamed for the attacks against them and are not escorted, or even referred, to emergency rooms. Further, individuals in medical facilities seeking care for injuries sustained from attacks against them who are profiled as sex workers have been accusatorily questioned by police prior to receiving medical care. Sex worker friendly services providers capable of addressing the full range of their health needs (reproductive health care, sexual health, counseling, assistance with domestic violence, etc) are few and far between in the United States and significantly under-funded. Many mainstream service providers are not prepared to understand sex workers’ needs; services for men in sex work are extremely limited.

Recommendations

The United States of America should:

15. Implement rigorous training of law enforcement officials on legal and human rights standards with regards to sex work. e.g. police training on issues relating to gender, race, ethnicity, age and addressing crimes that may be committed against sex workers including the importance of referring victims of crime to rape crisis and trauma support agencies.

16. Institute mechanisms that allow sex workers to find redress for human rights violations and hold law enforcement accountable for their actions, e.g. officers who subject sex workers to degrading treatment and abuse, must be subject to appropriate disciplinary procedures. Sex workers must be able to report police misconduct and violence while being protected from retaliation.

17. Repeal laws, including laws against prostitution and prostitution-related offenses, and eliminate policies, such as “zero tolerance” of prostitution, “prostitution free zones,” and “quality of life” measures, that undermine protection and respect for human rights of sex workers, people in the sex trade and other marginalized groups. Sex workers should also be able to expunge any criminal records relating to these laws.

18. Repeal the application of felony-level charges and mandatory minimum sentencing against people arrested for sex work and expunge the records of those arrested and charged under these laws.

19. Remove any and all sex offender registration requirements of those arrested for engaging in prostitution or “unnatural copulation,” and expunge the records of those arrested for sex work and charged under laws that mandate sex offender registration.

20. Change policies that prevent sex workers from applying for and/or receiving student loans and public housing.

21. Invest resources in education, job training, healthcare, and housing programs for marginalized people engaged in sex work and the sex trade. Specifically, funding for low-income communities and communities of color should be allocated to provide job training, education programs, apprenticeships, healthcare, and housing opportunities;

22. Provide funding for harm reduction and rights based health care services for male, female, and transgender sex workers. Lift all restrictions on federal funding for harm reduction programs.

23. Prohibit agencies that receive public funding from discriminating against people engaged in sex work or in the sex trade.

24. Immediately end the law enforcement practice of using possession of condoms and other safe sex supplies as evidence of a crime.

25. Provide comprehensive services and legal support for migrant sex workers, including language interpretation in the criminal justice system.

26. Reorient anti-trafficking campaigns to be in line with the standards set by the UN High Commissioner on Human Rights.

27. Repeal and remove “anti-prostitution pledge” requirements for U.S. Global AIDS Funds and anti-trafficking funds.

Marcia Powell: No Human Involved? Appeal to Rick Romley.

For many years, official police reports identified murdered prostitutes with the phrase
"No human involved."

From the Sex Worker Outreach Project (SWOP) Tucson memorial last December,
marking the 2009 International Day to End Violence Against Sex Workers.

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Dear Friends of Marcia Powell:

I went to the Maricopa County Attorney's office yesterday and requested an appointment with Rick Romley to discuss the prosecution of those responsible for Marcia's death. I was deflected by a detective who knew next to nothing about the case, and sent me off to tell the state to do a better investigation for them, suggesting that they can still file charges later. I wasn't satisfied with that, but wasn't about to fight the guy to Romley's door - he was pretty big and wore a gun.

So, after visiting AZ Attorney General Goddard's office to be sure they can't do anything (they denied any jurisdiction, deferring to the MCA), I came home and wrote this letter. I hand-delivered it to Romley's office this morning.

Admittedly, I probably should have tried this before chalking up the MCA's sidewalks last week and posting my art, but I guess I needed to get it out of my system in order to articulate myself. I think this is the right thing to do, though I can't help but feel like I'm betraying some of my abolitionist principles by arguing for criminal prosecution. If anyone has any ideas about what transformative justice might look like in this community for the guards who killed Marcia Powell, let me know. I just don't want to empower or embolden them - or any other officer - to hurt prisoners again.

Anyway, this may end what I had left of secrets or a private life, but the truth about why I could have ended up in that cage myself seemed important to tell. I'm not entirely proud of all the decisions I've made in my life, but Arundhati Roy's closing quote is on my letterhead precisely because I believe we should never have to be ashamed to tell our stories. If we cower in silence and fear, then how else will others be free to tell theirs? We must assert that - whatever else we may be called - we are humans involved if we are to challenge the stigma that allows women like Marcia to be so readily discounted and ignored.

- Peg

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September 8, 2010

Richard M. Romley
Maricopa County Attorney
301 West Jefferson St.
Phoenix, AZ 85003

Dear Mr. Romley,

My name is Peggy Plews; I’m a friend of Marcia Powell’s. We didn’t actually meet before she died, but I immediately identified with her life story. As an alcoholic, drug-addicted, manic depressive, troublemaking survivor of childhood abuse and sexual assault, I was thrown out and dropped out of high school, sold myself for a high on more than one occasion, and ended up institutionalized before I was 20.

I was fortunate enough to end up in AA at that time, or I would have soon been criminalized like Marcia, if I even survived much longer. My recovery over the years has been a challenge; since the 2001 death of my little brother and the suicide of a man I loved, my mood disorder has been severe enough that I’ve had several episodes of relapse and extended periods of disability. Some of the medications I’ve been on have made me gravely ill. As an alternative, I went a year without meds, and even tried electroconvulsive shock therapy. Neither strategy was very effective; the latter caused lasting damage to my memory and cognitive abilities.

By the time of Marcia’s death, however, I’d been regaining my functioning for a couple of years, and was enrolled at ASU, 3 credits away from earning my degree in Justice Studies. Most of my academic inquiry around that time was in the history of slavery, women’s resistance to oppression, social movements in America, and the evolution of the contemporary prison industrial complex. By the time my Winter 2009 semester concluded, I was an avowed - albeit an imperfect - prison abolitionist, and just beginning to cast my gaze around my own community again. Hence my intensely personal reaction when I learned of Marcia‘s death.

Not quite sure how to cope with the grief and powerlessness I felt, I began to blog as one vehicle for both public education and advocacy. Needing to find others who shared my interests and concerns about our jails and prisons, I also organized with some of the community members I met at memorial services in the weeks that followed Marcia’s death to explore ways we could make a positive difference in how prisoners are treated and regarded, and in how the criminal justice system here works. We came to call ourselves the “Friends of Marcia Powell”, which is a much broader, looser network now that includes everyone from young Phoenix anarchists to international prison watchers to leaders in the movement for the wrongfully convicted to Republicans with kids in Arizona prisons. Of all of us, though, I am the one who could have most easily been Marcia Powell.

I still can be, in fact. I am regarded by some, I’m sure (particularly those at the AZ Department of Corrections) as a public nuisance; certainly as a dogged critic of state policies and people in power. I suspect I have not endeared myself to anyone but left wing radicals and outlaws, and - given my personal history - I’d be pretty vulnerable to malicious prosecution by any of my adversaries’ good buddies, as I understand Mr. Montgomery is.

I could also just as easily relapse or lose my mind and get arrested and prosecuted for a real crime. Once in prison, given my politics, I’d be in trouble all the time - and sure to be punished outside of policy guidelines from time to time. So, I have a vested interest in the outcome of your investigation and - hopefully - prosecutions: I don’t want those people to have power over my life after what they’ve done to Marcia.

Given that the constitutional rights we infer on crime victims in this state don’t apply to people who - like Marcia - are victimized while “in custody for an offense”, it’s no wonder that prisoners of the state and county alike are so often brutalized and neglected. Prisoners and ex-felons have fewer rights and protections than animals, while perpetrators of violent crimes against them are given far more benefit of the doubt by your office than the rest of us would be. Failing to prosecute anyone for the death of Marcia Powell will certainly facilitate justifications for prisoner abuse in the future by brutal, cruel, and careless people in uniform who think they will be immune to criminal sanctions. It also further erodes the public’s trust that “justice” in America is for all, not just for the privileged few.

As I suspect you know, people like Thomas, Arpaio, and Pearce have also done grave damage to the integrity and credibility of Arizona’s criminal justice system, and consequently, to the ability of many people to have any faith in law makers or enforcers anymore. Not prosecuting those responsible for the death of Marcia Powell just reaffirms that the lives of the most disenfranchised and vulnerable among us here are truly disposable in the eyes of the law - which earns only my disgust and contempt. That is where some of the rage directed at police by youth during the Anti-Arpaio march comes from - it’s a deep fracture that can’t be healed by punishing them - it needs to be addressed at the source.

In the meantime, those individuals already identified in an internal investigation as being criminally negligent in Marcia’s death are minimizing the harm they did and fighting to get their jobs back, some returning to the same prison yard with the same duties and powers they had when they killed her. That speaks volumes about the justice system to those prisoners who witnessed their incompetence or cruelty that day, and will now be subjected to it themselves again.

In light of that development, how is a prisoner who is raped ever supposed to have confidence that her complaint will be taken seriously, and that her assailant will be prosecuted instead of returned to a position of power over her? Why would any of those women have any confidence at all that the Maricopa County Attorney’s office makes a good faith effort to protect victims and seek justice, if the only people they see you punish are the poor and powerless or political enemies? As you should know, as many as 80% of women in prison have themselves been victims of crime already - and many will be again.

For these reasons I came by your office today in an attempt to schedule an appointment to meet with you, to personally implore you to take another look at Marcia’s case. Your office is prosecuting all sorts of people on less evidence, or with more contradictory testimony, than that which has been collected thus far in this case. You are threatening several Friends of Marcia Powell’s with prosecution as violent criminals - with prison time, if they don’t plead out - for their antagonism of police at the January Anti-Arpaio rally. What does it say to those young people - and their entire community - if you then won’t charge ADC officers for their role in Marcia’s death? She was far more helpless a victim than armed police on horseback or in riot gear. She suffered horribly due to those officers’ neglect; her body even had second degree burns on it from the sun. None of the Arpaio 5 hurt anyone like that, nor would they. You have the wrong dangerous criminals in your sights.

Please bring charges against those officers who are most implicated and let them put on their defense - what have you lost if some prove their innocence? You will have at least shown that human lives like Marcia’s matter as much as fallen K-9 dogs. You will help set a higher standard of expectations for the conduct of corrections and law enforcement officers in regards to their treatment of prisoners. And before you leave your post, you will teach this community to expect more from the county attorney’s office than we’ve been able to expect for years. Given who will be taking your place, that’s a vital, powerful tool for the people to have, lest we all become victims of that office again.

I can be contacted at the number and email above if you are willing to meet; I have a couple of other issues I‘d like to discuss, too. I’d very much like your help crafting a bill and lobbying the legislature to strengthen the rights of Arizona prisoners to be protected from neglect and abuse; you have credibility that my friends and I lack due to your reputation in law enforcement. We plan to make “Marcia’s Law” a visible issue this fall, such that it gets raised on the campaign trail and is in the forefront of everyone’s minds by the time the legislature reconvenes. If it is not initiated now, while the incident is still fresh in the community’s collective heart and mind, it will never be realized.

Thank you for your time and attention to this matter. I hope to hear from you soon.

Sincerely,


Margaret Jean Plews

--
"Our strategy should be not only to confront empire, but to lay siege to it. To deprive it of oxygen. To shame it. To mock it. With our art, our music, our literature, our stubbornness, our joy, our brilliance, our sheer relentlessness, and our ability to tell our own stories..."

- Arundhati Roy