AZ mortgage settlement building prisons, not communities.

Ironically, in the same session in which they took this $50 million from people victimized by forclosures, the legislature decided to invest $50 million in the building of a new Supermax prison in Buckeye. Perhaps the Legs figure that at least these families and their children can inhabit it if they are unable to recover from the recession. Some "re-investment in the community," eh? I don't recall Tom Horne being among those of us who protested that new prison down at the legislature...

 Mother's Day 2013: ASPC-Phoenix

--------from ABC15.com--------

Arizona victims of illegal foreclosures still waiting for compensation

June 11, 2013
Dave Biscobing
ABC15.com

Thousands of Arizona families have lost their homes in illegal foreclosures.

Illegal foreclosures are based on forged or phony documents manufactured to push people out of their homes.

Banks and processing companies agreed to pay billions of dollars in settlements to the states.

While they did not admit any wrongdoing, they pledged to stop using forged documents to foreclose.

The ABC15 Investigators found more than a year after that settlement, little has changed.

Victims of illegal foreclosures in Arizona have yet to be compensated—not a dime has been paid out.

And some say the use of forged documents in foreclosures continues here in our state.

THE ANATOMY OF AN ILLEGAL FORECLOSURE

With the collapse of the housing market, many homeowners asked their lenders to modify their mortgages.

Homeowners were told they could get a modification, but only if they stopped paying their mortgages for three months and fell into default.

When homeowners followed that advice—instead of a modification, the banks foreclosed.

Many Arizona homeowners who challenged the foreclosures in court discovered they were done with fraudulent documents.

IS HELP FOR VICTIMS OF ILLEGAL FORECLOSURES ON THE WAY?

On February 9, 2012, Attorney General Tom Horne held a news conference boasting that Arizona was part of a $25 billion national settlement with five of the nation’s largest banks.

Horne said, “The fact that many people who lost their homes who didn’t deserve to is a terrible tragedy.”

At the time Horne announced they had put a stop to the robo-signing and forgery of foreclosure documents.

And the Attorney General announced Arizona’s share of the settlement would be $110 million.

Horne said that money would be used to compensate the victims.

But more than a year later, the ABC15 Investigators have found Arizona victims are still waiting for help.

Attorneys Dan McCauley and Beth Findsen are two of a small handful of lawyers who go to court to fight for the victims of illegal foreclosure.

Dan McCauley said, “I’ve seen nothing go to the victims, nothing from the state of Arizona at all.”

Beth Findsen told us, “I have yet to see one dollar awarded to a homeowner."

What’s worse the lawyers say—the use of fraudulent documents in foreclosure cases hasn’t stopped.

McCauley said, “It’s not just the financial rape of the middle class. It’s a crime."

Findsen said, “The banks are getting away with murder.”

Both attorneys say they are still seeing foreclosure cases based on bogus documents.

FORECLOSURE FRAUD VICTIMS SPEAK OUT

Chances are you know somebody like the victims ABC15 spoke to.

Mike Brosnahan is a husband and father of two.

He is fighting to stay in the home he built in Sedona.

He has fought all the way up to the Arizona Supreme Court.

Brosnahan told ABC15 Investigators, “All they’re doing is breaking up the American dream and leaving it in shambles.”

Rocky Coronado served in the U.S. Air Force.

The veteran and his wife have been fighting for their home for three years while raising a teenage son.

Rocky said, “I think it demoralizes him.”

His wife Brenda said, “It consumes your waking life.”

Both the Coronados and the Brosnahans insist they are not deadbeats and are not seeking a free house--they just want a fair deal.

They say they paid their mortgages until they were told to stop so they could get a modification.

And now their lawyers say their banks are using fraudulent  documents to foreclose and take their homes.

These families are like countless other Arizona victims still waiting for help.

That’s because our state is far behind other states when it comes to distributing those millions of dollars in settlement funds meant for the victims of foreclosure fraud.

The ABC Investigators asked Arizona Attorney General Tom Horne why states like California, Nevada, Maryland, Michigan, Oregon, Florida, Hawaii, and Oklahoma have already cut checks to help out victims but not Arizona.

Horne said, “There was a year lost because of the legislature saying we have to appropriate the money.”

Horne said he had to wait until they gave him permission to use the settlement funds.

He insisted he’s working hard to get the victims help as soon as possible, but he does not have a timetable yet.

Horne also admitted it’s too late for victims who have already lost their homes.

Nobody who has already been foreclosed on and evicted is going to get their house back.

And who gets help may depend on how much money is left because last year the legislature swept $50 million of the $110 million settlement into the state budget—a budget that already had $400 million in reserves.

Horne told ABC15 he fought against the sweep but in the end he had to abide by what the legislature decided.

He points out they could have taken the entire amount of the settlement.

Horne also said he plans to spend another $30 million of the settlement on outreach and marketing.

He said he is also setting aside $4 million to provide legal assistance to homeowners fighting foreclosure.

The victims of illegal foreclosures we spoke to say every penny of the $110 million settlement should have been used to compensate them.

Rocky Coronado said, “It just blows my mind that they could have the nerve to take that money that should have gone to homeowners like us."

The Ghosts of Jan Brewer: Crime Victims in AZ State Custody.

National Crime Victims' Rights Week, 2013:

PLEASE REMEMBER VICTIMS IN AZ STATE CUSTODY,

and DEMAND THAT BREWER BE ACCOUNTABLE...

The Ghosts of Jan Brewer: Victims of Crime and Neglect

 in AZ Department of Corrections' Custody

 (Firehouse Gallery, Phoenix: July 2012)

I wrote the following letter to the administrator for the Arizona Department of Corrections' Victims Services programs two years ago now, with no response to it whatsoever from anyone there - not ever. The violence and despair behind bars in that time has only worsened, too.

As I explained at the time, the questions I posed were not rhetorical - I really needed help for Dana Seawright's mom. Dana was killed in July 2010 by the West Side City Crips in Lewis Prison for having a Mexican boyfriend. His mother, Kini, was devastated by his homicide, lost her job and home and was being victimized by Brewercare and the AHCCCS cuts. She tried to access victims' rights resources for crisis intervention, trauma support, and concrete emergency assistance, but her request was denied by the AZ Attorney General's office. Since her son was in custody at the time he was murdered, she was denied the victims' rights and resources other mothers of murdered children have.
 

That happened thanks to all you victims' rights advocates who helped pass the beloved 1990 Victims' Bill of Rights amendment to the AZ Constitution. It explicitly excluded prisoners from the same rights the rest of us have when raped, beaten, or locked in a cage in the desert to die. Those of you who really care about all crime victims need to look at the consequences of that decision to sell out the voiceless, and help me change the constitution before the state prisoner homicide and suicide rates double again. 

The prosecutors and peace officer unions in this state no doubt played a big role in assuring that people in custody were constitutionally deprived of the rights of victims, as well as their survivors. Few people are liekly aware that the AZ Attorney General's office, which holds the checkbook for most victims rights funds in this state, is the same entity which defends the state against wrongful death suits when mentally ill men like Shannon Palmer are castrated and murdered in state custody, or women like Marcia Powell are left dying in the sun by her guards, or when five officers stand around and videotape a young man bleeding to death without trying to offer first aid. 

It seems to be a conflict of interest for the AZ Attorney General's office to be hailed as champions of victims' rights when the most disempowered, vulnerable populations in the state - the incarcerated mentally ill, elderly, cognitively impaired, physically disabled, and "delinquent" children - aren't protected by their office. The last place many crime victims and their survivors in this state can look to for justice, in fact, is the AZ Attorney General's office.

Start talking to your legislators about this, families. And I hope all you advocates for justice start talking to the crime victims and survivors who you long since excluded from your midst. It is their exile and your indifference to their fate which makes the worst horrors of prison life all the more likely to be perpetrated on them...

SOS from Arizona's Other Death Row: 

 Victims of Crime and Neglect  in AZ Department of Corrections' Custody

 (Firehouse Gallery, Phoenix: July 2012)

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

April 19, 2011

Jan Upchurch, Administrator
Office of Victims' Services
Arizona Department of Corrections
1645 W. Jefferson - MC250
Phoenix, AZ 85007


Dear Ms. Upchurch;

I am a human rights activist, artist and blogger in Phoenix, and have been researching violence and suicide in AZ state prisons over the course of the past 2 years. This has opened my eyes and brought me into considerable more contact with victims of violent crime in ADC custody and their survivors than most members of the public. Do prisoners or the family members of prisoners qualify for victims' services through your office if they/their loved ones are crime victims while imprisoned at the ADC? If not, who advocates for them when prisoners are assaulted, raped, murdered, or neglected and abused (as in the case of Marcia Powell)? Additionally, who fights for policy changes that may prevent further victimization behind bars?

Many of those I see victimized at the ADC are evidently psychiatrically or developmentally disabled, and can't advocate for safer cellmates or protective segregation, or fight abusive COs or policies effectively through the grievance process or other formal systems - which arguably gives rise to more self-injurious behavior and violence out of frustration or sheer terror, a liability even if their inability to access legitimate processes keeps down the grievances and potential lawsuits. Mentally ill prisoners don't seem to be served by either DES' Protective Services Division or the AZ Center for Disability Law when victimized in custody, either. In fact, I believe all parties I just mentioned are in direct violation of the American with Disabilities Act and/or other federal mandates, as they pertain to disabled individuals victimized in custody, regardless of the AZ constitutional limits on their rights as crime victims, per se.

Furthermore, the perpetrators of prison violence and other institutionally-based crime - be they staff or inmate - are apparently seldom street-charged or prosecuted, suggesting that neither the Criminal Investigations Unit nor county attorneys hosting prisons take an aggressive role in promoting the rights of victims in custody, which seems to just tell criminals that it's who they victimize, not what they do to others, that really matters. How does the ADC plan to rectify that?

Given what we spend to keep people locked up, prison is the one place in society where crime should be under control and victims are promptly and professionally accommodated. I see no one who prisoners or families can go to out here when violent crime befalls them in prison, though - without being charged a fee for advocacy or counseling - which means these victims are easily victimized (and perhaps criminalized) again, if you don't serve them either. Even the Attorney General won't help them - he defends the ADC.

These are pointed questions, I know, but they are not rhetorical. I imagine there may be a conflict of interest with your office, but that shouldn't preclude a third party providing those services under contract with the state, just like they do for other crime victims and their families. I need this info ASAP in order to advise people who were victimized (or survived homicides of prisoners) in ADC custody of what resources are available to them; at least one grieving mother I've heard from is living on the verge of homelessness and I'm not sure where to refer her.

I see this as a serious problem underlying the continuation of prison violence, especially against vulnerable adults, made so by the symptoms of their disabilities. James Jennings is a tragic example of someone clearly killed because of their mental illness; both Shannon Palmer and his killer, Jasper Rushing, were reportedly pleading for protection - and both somewhat psychotic - when they were celled so fatefully together. Duron Cunningham reported that he was raped and assaulted before he killed himself. The list goes on.

I plan to begin a public education campaign in the coming weeks to address the issue of victims' rights (or lack thereof, under the state constitution) in custody, particularly as they apply (or don't) to surviving family members. The ADC can hinder that effort with propaganda obscuring the victimization of prisoners, help advance the field of victims' services by exploring and answering these questions thoughtfully, or do nothing but get out of the way. I invite your office into a dialogue about it, however, as I want to believe you serve for good reason. I don't know whether protecting the state or our citizens is your primary concern, though, as I don't know you. It should not have to be mutually exclusive, but seems to be given the litigation expected to follow incidents of violent crime against persons in custody.

Taking responsibility for the harm one causes or allows to be caused to another is part of the ethos of the criminal justice system. Making amends to victims - individuals, businesses, and communities, is seen as central to any kind of restorative justice, which the State of Arizona heartily endorses, as evidenced by the practice of ordering restitution when sentencing, and penalizing offenders further for failing to meet said orders. What does the ADC practice, when it comes to their own crime victims, though? Even if prisoners have no rights as victims, what about the principle of preventing future crime by making an example of perpetrators today? Why should violent criminals be provided with such blanket permission to practice on more victims before they leave prison, where they are supposedly being punished...

...None of this bodes well for how I see the prison privatization project going: the ADC is responsible for Kingman's lack of security, ultimately, and I saw nothing in the RFPs that were put out that indicates a particular concern for victims' rights. In fact, the objective set down by the ADC of making sure that no more than 1% of grievances are ultimately upheld troubles me. Correct me if I read that wrong: it just seems like an incentive to deprive prisoners of due process rights when they are harmed, not to protect them. There's no indication that private prisons would even issue press releases about prisoner deaths or abuse, or be accountable for their health and safety to the public in any transparent way. They're harder to see into than the state prisons are, giving rise to more risk of victimization.

I'm sure that given your position, you can understand my frustration and concern over the constitutionally-diminished value of prisoner's lives and the gravity of their suffering in custody, placing their very survival secondary to the state's interests in cutting costs. It manifests toxins at every level of society, such that ugliness flows from the community into the media whenever a prisoner kills themselves - look at the "comments" after every ADC press release on a suicide. It's tragic, what has become of us since the PLRA and the victims' rights amendments to state constitutions were made exempting prisoners from fundamental protections: our entire society has devolved, and I think I can make the connections.

I also think I can make the case that both these prisoners and their families are deserving of the same constitutional guarantees given all other citizens and non-citizens alike, when it comes to their welfare. Having fought most of my life to keep my own brother out of prison and harm's way - surviving the devastating suicide of a loved one myself, in the process - I'm free to tell that part of my own story, liberating others from the shame that may keep them from telling theirs. I have been a victim of violent crime, and cope now with a mood disorder and the remnants of PTSD; not much frightens me anymore. I've embraced the mothers of ADC's homicide victims, and helped my community bury our dead; I am intimately connected to this struggle. I will not relent until I know that AZ prisoners and their loved ones are getting their needs met, not brutalized, at my expense, in my name, for the sake of my own family's illusion of "safety".

Sorry to greet you so early with this level of frankness, but you seemed like an appropriate person to bring into the conversation. I appreciate your time and what thoughts you may have. I look forward to hearing back from you or the DOC's General Counsel on this matter soon.


Sincerely,


Peggy Plews

--

Margaret J. Plews, Editor
Arizona Prison Watch
P.O. Box 20494
Phoenix, AZ 85036
480-580-6807


"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

ACLU Moves to Intervene In AZ Voting Rights Act Challenge

-----from ACLU-AZ today----

ACLU Moves to Intervene In Voting Rights Act Challenge

FOR IMMEDIATE RELEASE

Monday, November 21, 2011

CONTACT:

Phoenix: Alessandra Soler Meetze, ACLU of Arizona, (602) 773-6006 (office) or 602-301-3705 (cell)

New York: Vesna Jaksic, ACLU National, (212) 549-2666 or media@aclu.org

PHOENIX – The American Civil Liberties Union and the ACLU of Arizona filed a motion in a Washington, D.C. federal court today to intervene in the state of Arizona’s challenge to the federal Voting Rights Act (VRA). The ACLU argues that Section 5 of the Act, which since 1965 has protected racial and language minorities’ access to voting, must remain in place.

“Section 5 of the Voting Rights Act is critical for ensuring that states do not pass election laws that negatively affect minority voters,” said Katie O'Connor, staff attorney with the ACLU Voting Rights Project. “We are intervening in this case to make sure that this critical piece of legislation is upheld, so that everyone's fundamental right to vote is protected.”

On Aug. 25, Arizona became the first state to challenge this section of the VRA since it was reauthorized in 2006. In Arizona v. Holder, Arizona Attorney General Tom Horne claims that during the 2006 reauthorization of the law, Congress did not provide evidence of continuing discrimination in Arizona and that Section 5 imposes a severe burden on the state.

“This latest move by Tom Horne to bail out of the VRA is part of a nationwide effort to rob people of color of their voice at the ballot box,” said Alessandra Soler Meetze, executive director of the ACLU of Arizona. “Considering he is leading efforts to defend SB1070 and the Mexican-American studies ban – two laws that scapegoat U.S. citizens of Latino descent – it’s shameful and disingenuous for him to say that discrimination in Arizona doesn’t exist.”

Because of Arizona’s long history of implementing procedures that have had a discriminatory impact on voters, especially Latino voters and those with limited English proficiency, Section 5 of the Voting Rights Act requires the state to get approval from the U.S. Department of Justice before implementing any new voting practices or procedures that could negatively impact or dilute their future votes.

“The ongoing attempts to politicize the re-districting process by the Arizona legislative and executive branches in total disregard of voters’ choice of an independent commission demonstrate the fragile state of the fundamental right to an effective vote for all Arizonans,” added Daniel Pochoda, Legal Director of the ACLU Foundation of Arizona.

The ACLU filed the motion to intervene on behalf of seven voters who live in Arizona. They are: Latino voter and immigrant rights activist Luis Avila, who currently serves as President of the Somos America Coalition, Napoleon Pisaño, a Latino activist from Mesa who worked for the Maricopa County Juvenile Court Center, and Eric Mante, a Filipino American voter who attends Arizona State University; African American voters Dionne Thomas, Director of Youth and Young Adult Ministries at Progressive Baptist Church in Mesa, Calvin Goode, who served over a period of 22 years on the Phoenix City Council, and Melvin Hannah, former Director of Community Outreach and Job Development of the Greater Phoenix Urban League; and Japanese American voter Kathryn Nakagawa, a board member of the Japanese American Citizens League.

“Civic engagement in Arizona, especially among Latinos, is now more important than ever,” said Luis Avila, 29, who became a citizen in 2009. “We can’t just sit on the sidelines and ignore discriminatory attempts to make it harder for Americans to cast votes. We need to do everything we can to ensure that everyone has access to the polls and Section 5 of the Voting Rights Act plays an important role in making that happen.”

The ACLU is arguing the state has a long and persistent history of implementing measures that have a discriminatory impact on voters. For example, despite the absence of significant fraud, Prop 200 dramatically altered Arizona election law by requiring citizens to present documentary proof of citizenship in order to register to vote, and by imposing a restrictive identification requirement as a condition of casting a ballot at the polls. The law, passed in 2004, made it increasingly difficult for voting-age citizens, particularly elderly Native American voters, to register or vote because of lack of requisite documentation, including birth certificates and other federal or state forms of identification. More than 30,000 voter-registration applications in Arizona have been rejected as a result of the law’s onerous identification requirements. A portion of the law relating to registration requirements was struck down in 2010.

More recently, the Arizona Senate passed SB1409, a measure that requires all documents issued by any Arizona agency or political subdivision to be written in English. Although the bill created an exemption for official ballots, there are lingering questions about its potential impact on minority voters because all non-ballot voting materials must be printed in English. This could include important voting guidance and instructions, and summaries of ballot initiatives and referenda. The bill was held in the House of Representatives.

There are currently two other cases filed by sub-jurisdictions in the DC District Court challenging the constitutionality of Section 5: LaRoque v. Holder, filed by residents of Kinston, North Carolina, and Shelby County v. Holder, filed on behalf of Shelby County, Alabama. On September 21, a district court judge issued a 151-page opinion in the Shelby County case upholding Section 5’s constitutionality. That decision has been appealed. A lower court decision is still pending in the North Carolina case on the constitutionality of Section 5. The ACLU represents voter minorities in these challenges.

Attorneys on the case include O'Connor and Laughlin McDonald of the ACLU Voting Rights Project, Pochoda of the ACLU Foundation of Arizona, and Art Spitzer of the ACLU National Capitol Area.

Click here to read the ACLU’s response to the lawsuit filed by the state of Arizona.

Click here to read the state’s complaint in the case, State of Arizona v. Holder, which was filed in U.S. District Court for the District of Columbia.

For more information about the individuals who are serving as interveners, click here.

More information on the work of the ACLU Voting Rights Project is available at: www.aclu.org/voting-rights

###

Alessandra Soler Meetze

Executive Director

American Civil Liberties Union (ACLU) of Arizona

P.O. Box 17148

Phoenix, AZ 85011-0148

Phone: 602-773-6006 (direct) or 602-650-1854 (general)

Fax: 602-650-1376

Visit us on-line at: www.acluaz.org

En Español: http://www.acluaz.org/espanol

Find us on Facebook or Twitter

Signs of Resistance at TUSD: VIVA LA RAZA!!!

The post is from the Tucson Citizen Three Sonorans Blog, written, I believe, by David Abie Morales.


The photos are mine, from the TUSD HQ protest yesterday afternoon. What an amazing crowd was there - hundreds and hundreds of young people, old people, hippies, queers, Brown Berets (in uniform)...and over 100 cops.




This is a good account of the public highlights...I'm just too exhausted to write my own right now.

-----------The Tucson Citizen: Three Sonorans Blog---------

What happened Tuesday at the TUSD meeting?

May 4, 2011
David Abie Morales

To begin with, my phone battery died at around 5:30, as the meeting was starting.

No email/text/facebook until now, 8 hours later. 60 text messages and 66 facebook alerts. So to all my friends, no I was not arrested, and yes I’m alright.

I was inside the TUSD board room capturing video and didn’t know what was going on outside until I was debriefed afterwards. Well, I knew a little bit from those around me who still had juice on their phones. In addition, I went through two camcorder batteries.

Why does the Southern Arizona Leadership Council have leaders that compromise on justice and racist attacks on Mexican-Americans in Tucson?

Preliminary thoughts: John Pedicone royally messed up tonight. There was about a hundred cops there, all armed, some in riot gear, and one would think they were at a G8 meeting, not a local school board meeting.

Not even top elected officials like Richard Elias could get inside. Full pat-downs, metal detectors, and cops after cops after cops.

There was cops in the back board room, a wall of cops of about 5 in front of the board, another wall of cops at the back, more cops in the lobby, and more cops outside to get in, and several dozen outside protecting a barricade of the building.

Helicopters, riot gear, and police everywhere you looked.


This is what a leader from Oro Valley, where John Pedicone lives, thinks of Tucsonans. All a bunch of thugs and criminals. The cops were not there to protect and serve us the community, they were there to arrest us the community.

There were arrests, there was police brutality, and there were other extreme violations of rights.

All of this I will cover more in depth tomorrow. It is still surreal to me. John Pedicone actually ordered the arrest of Lupe Castillo, one of our most loved professors, elderly and disabled. The cops brought her to the ground. Her crime?

Free speech.

This is an example of how Pedicone and Stegeman do not understand the community. Treating her like they did was like beating up our abuelita, our loved grandmother.

Pedicone crossed the line tonight. Lots of veteranos were there tonight that were involved in the student walkouts in the 1960s. They said this is the worse they have ever seen it, even worse that the civil rights movement of the 60s.

And all of this conflict of Ethnic Studies is created by Mark Stegeman and John Pedicone.

It is a crisis that need not exist, but exists solely through the stubbornness of Mark Stegeman and the racially insensitive (or just flat out racist) leadership of the Vice President of the Southern Arizona Leadership Council. For myself, SALC’s reputation has been forever tarnished, and I want nothing at all to do with anything they do. From urban renewal and destroying La Calle, to destroying Mexican-American Studies today, this is not the kind of “leadership” I want leading us.

I have many thoughts, and I will explore them in more detail tomorrow, but I will leave this with one final thought for tonight.

John Pedicone needs to resign.

--------------finally,from Panleft's youtube channel, the Tucson PD at it's best--------

Signs of Resistance: SAVE ETHNIC STUDIES Today!

ABOLISH EUROCENTRICSM!!!

"BAN RACIST HORNE."
I-10/202 at 18th St.
PHOENIX

Arizona's Choice Today: Students Lead New Civil Rights Movement

Jeff Biggers
Huffington Post
05/ 3/11 10:50 AM ET

Stumbling further into the quagmire of a national public relations disaster, drastic new measures by the Tucson Unified School District (TUSD) officials have turned the "manufactured crisis" over the Ethnic Studies/Mexican American Studies Program into a troubling moral crisis for the city --and the country.

As Tucson school officials appear to unravel daily with increasing controversy, Mexican American Studies (MAS) students and UNIDOS activists are now emerging as the calmest standard-bearers of civil discourse for the community.

In an op-ed today, two MAS students made a simple request: If the TUSD officials are truly interested in dialogue, they should table a controversial resolution that has divided the community.

Instead, in an alarming crackdown on the non-violent UNIDOS student campaign last week that attracted national praise for its celebratory actions and demands for basic democratic involvement in education, the backpedaling TUSD superintendent John Pedicone has shocked the community by hiring costly armed guards to monitor this Tuesday's rescheduled governing school board vote over a controversial school board resolution to strip the accreditation of the Ethnic Studies Program.

Only months ago, the Chicago-transplanted Pedicone declared the draconian state ban on Ethnic Studies was unconstitutional and a challenge to the law would be "the first hurdle." In a candidate's forum last fall, Pedicone even admitted: "If you look at the data, it is hard to argue with the success this program has with a historically under served population." In fact, a recent TUSD analysis demonstrated the achievements of the MAS program.

In a disturbing provocation this Sunday, Pedicone, who reportedly lives out of the district in the affluent suburb of Oro Valley, published an incendiary op-ed in the Arizona Daily Star newspaper that offensively denigrated student efforts "as pawns," blamed adults for "abhorrent" behavior, and falsely categorized last week's widely denounced resolution vote as only a "discussion."

As Tucson attorney Richard Martinez noted last week in a debate with TUSD board president Mark Stegement, the divisive resolution prematurely subverts an unfinished state audit in disarray, as well as a federal suit challenging the constitutionality of the new state law banning Ethnic Studies. In a quiet but stunning smackdown of Stegemen's misguided efforts, Martinez framed the TUSD effort as part of a "manufactured crisis."

This is the simple truth: Compounding the shameless Ethnic Studies witch hunt by extremist state officials, the Democraty Party-led TUSD school administrators have triggered a "moral crisis" over their seeming disconnection to the actual city of Tucson, by rebuffing MAS student and UNIDOS participation, and blatantly disregarding the reality of the district's majority of Mexican American students and the city's fervent and deeply rooted Chicano movement heritage.

On the anniversary today of the "Children's Crusade" in the Civil Right Movements, when students took the forefront of Martin Luther King's Birmingham campaign in 1963, Mexican American Studies student group UNIDOS is not only ramping up its efforts to keep the district's acclaimed program alive but teach the faltering school administrators a lesson in civility and democracy.

As the Tucson students reminded their community, Martin Luther King, Jr wrote his historic "Letter from the Birmingham Jail," on "Why We Can't Wait," as he faced similar criticism of his protests as "unruly." King wrote: "For years now, I have heard the word 'Wait! ... This 'Wait' has almost always meant 'Never.'" Nearly a half century ago, Alabama students recognized King's call "to create a situation so crisis-packed that it will inevitably open the door to negotiation."

"When youth transparently vocalize that they are unsatisfied with decisions made on their education," said 20-year-old MAS alumni, UA journalism student and UNIDOS activist Elisa Meza, "that should motivate the elected school board officials to initiate the civil discourse they believe we haven't already requested. Since February, TUSD have been pressured by the youth to initiate just that. To blame the youth that direct dialogue should have been the first step is a tactic to switch the narrative to imply immaturity on our actions. When, in reality, they've been incredibly immature to have ignored our voices in the first place."

As graduating and college-bound MAS high school Lisette Cota spelled out last month, UNIDOS has been asking for dialogue with the school officials for months.

For many long-time community members, the student uprising last week in Tucson recalled the Chicano student walkouts in the community in 1969, and marks the beginning of a new civil rights movement.

Consider this time line provided by UNIDOS over the last four months:

Jan 3- Two hours before Tom Horne's position changes from State Superintendent to Attorney General he serves a letter to TUSD calling them out of compliance with 2281 and has 60 days to eliminate the program before the states begins withholding funds. He presents "evidence" of the classes' non-compliance such as testimony from anonymous teachers, out of context quotes from books like Rudolfo Acuna's Occupied America and Paulo Freire's Pedagogy of the Oppressed, and lyrics from Chicano hip hop groups "El Vuh" and "Aztlan Underground."

The 11 teachers along with their attorney Richard Martinez and Save Ethnic Studies.org, the non-profit organization providing the legal defense for the teachers, counter his press conference with their own a few hours later in Tucson.

Jan 8- John Roll, Chief Arizona U.S. District Judge who was assigned to see the case against HB 2281, is killed along with five others at a "Congress on your Corner" event with Congresswomen Gabrielle Giffords. Congresswoman Giffords is shot and 19 others are injured. A 45-day extension is added to TUSD's 60 day deadline to become in compliance in HB 2281.

Jan 11- The 11 plaintiffs announce to TUSD school board members that if the district does not join their lawsuit or create their own battling the state of AZ on the constitutionality of the bill, they will be added onto the lawsuit as defendants. They give TUSD 48 hrs to reply.

Jan 14- TUSD announces to the "Arizona Daily Star" that the district is going to be in compliance with the bill, making whatever compromises to the program to do so. TUSD is now going to be added on to the lawsuit Acosta v. The State of AZ.

Jan 24- The five who were found guilty are sentenced to 10 hours of community service and fines.

Feb 5- Mexican American Studies Community Advisory Committee hosts first Community Forum in Support of TUSD's Ethnic Studies Program to educate about the success of the program and rally support on combating HB 2281. Students of the program, parents of the students, teachers and staff of the department, and elected officials speak on behalf of Ethnic Studies.

Feb 8- At TUSD school board meeting U.N.I.D.O.S. (United Non-discriminatory Individuals Demanding Our Studies); a new Tucson youth coalition of students from local high schools, alumni and community members who formed in response of the growing attacks on education and culture by Arizona legislature, make their grand debut to the community and TUSD board members with a press conference.

Representatives of the group demand a sit-down meeting with all TUSD school board members and that the district, the State Board of Education and the state of Arizona must act in accordance to international human rights laws, which HB 2281 violates.

A musical, cultural and artistic celebration continues outside of TUSD 1010 building after the demands are read to school board members during the 'call to the audience.'

Feb. 28- UNIDOS has a sit down discussion with only two of the five TUSD board members Adelita Grijalva and Judy Burns and present the positive impacts that Raza Studies does for the Latino community and what negative results will occur to the district's students if TUSD doesn't do everything in its power to protect the classes.

Mar. 8- UNIDOS representatives make a public statement in response to their meeting with the two school board members during Call to the Audience at TUSD school board meeting. UNIDOS demands for an announcement by the board members in the next 24 hours that they will keep the classes as they are no matter what the state may do. UNIDOS urges the district to act in the spirit of Martin Luther King, Jr. who said, "One has not only a legal, but moral responsibility to obey just laws. Conversely, one has a moral responsibility to disobey unjust laws."

That very same morning of the school board meeting, unbeknownst to the community, the district made its first move to dismantle the program from the inside. Superintendent John Pedicone gave his position as supervisor over Director of Student Equity, Augustine Romero and Mexican-American Studies Director, Sean Arce to Asst. Superintendent Lupita Garcia -- who has openly made statements in the past that she would like to see the department abolished.

Mar 11- Mexican American Studies Community Advisory Committee holds press conference outside TUSD 1010 building denouncing the move of positions.

Mar 16- The Arizona Department of Education and State Superintendent John Huppental hire the Cambium Learning Group of Dallas, TX to conduct a four to six week curriculum audit of the Mexican American Studies Department to evaluate whether the program is in compliance with HB 2281 and meets up to state standards. The audit group will make unannounced classroom visits, interview students and staff, and evaluate teaching materials.

Mar 17- Save Ethnic Studies sends a letter to the TUSD governing board bringing to light the criminal history of Steve Gallon, who is appointed as head consultant of the audit for Mexican American Studies. Steve Gallon is the former superintendent of Plainfield School District in New Jersey and was arrested in 2010 with 11 criminal charges including conspiring to commit theft of more than $10,000 of educational services.

Mar 18- Steve Gallon resigns from the position following Save Ethnic Studies' coverage of his criminal past and is replaced by Luanne Nelson.

Mar 21- State audit for Mexican American Studies begins and Save Ethnic Studies with attorney Richard Martinez issue a press release calling the audit unlawful and a waste of tax payer money which will cost us $170,000. Martinez brings into question how the audit could possibly remain unbiased when the state of Arizona is hiring this group to investigate the teachers who are suing the state over the constitutionality of HB 2281. He also points out additional violations such as Federal Family, Educational, and Privacy Rights Act of 1974.

Mark Stegeman, president of the Tucson Unified School District governing board, submits an opinion piece to the Arizona Daily Star calling for Mexican American Studies to transition to Hispanic Student Services, which would only focus on extracurricular activities, and for the classes, who currently count as accredited core English and Social Studies classes, to be reduced down to elective classes.

April 6- The 11 teachers suing the state refuse to meet with the auditors in a "focus group discussion." Save Ethnic Studies sends a letter on their behalf to Superintendent Pedicone, declining the invitation because the audit lacks any legal authority, defined terms and remains unknown if the persons conducting the audits have any expertise in Mexican American critical race theory.

April 11- Sally Rusk and Maria Federico-Brummer, 2 of the 11 teachers express in an op-ed how any sort of compromise to the program is unacceptable. They explain why transition the classes from accredited core classes to electives would kill the program. They further defend the program which meets and excels far beyond the achievement gap for the Latino population, which is the second largest failing in TUSD as well as its majority population. In fact most of schools where these classes are taught have a 90 percent minority population -- mainly Latino.

April 12- UNIDOS boycotts TUSD school board meeting due to silenced youth voice. Students in press release recount the lack of response to their demands for the district, superintendent and board members to show true support for the program. Instead, all the district has done is refuse to join the teacher lawsuit or initiate one of their own, released a resolution declaring compliance with an unjust HB 2281, are currently cooperating with a biased State audit of the classes, and the board president Mark Stegeman is publicly advocated for killing our Ethnic Studies program by turning our classes into electives.

As the nation watches today's historic meeting in Tucson, Pedicone and the TUSD officials will have the choice of reaffirming the process of democratic involvement with UNIDOS and all students and community members, as Martin Luther King wrote, "to heal" the legacies of the past and move the district forward, or retreat deeper into the quagmire of the state's embarrassing witch hunt.

When education is under attack: FIGHT BACK!!!

These youth so ROCK!!!

Let's go support them today, folks!

Tuscon Unified School District's Board is meeting today at 5:30pm at TUSD HQ!

TUSD's ethnic studies meeting changed again

Reporter: Steve Nunez
Web Producer: David Rush

TUCSON (KGUN9-TV) - KGUN9 News has learned TUSD will hold a special meeting to consider a controversial ethnic studies proposal on Tuesday. And it will be held 5:30pm at district headquarters.

9 On Your Side reporter Steve Nunez was at the board's agenda committee meeting today where the decision was made to change the meeting for the second time.

The meeting was originally scheduled for Tuesday this week. But moments before the start, protestors stormed the board room. Some chained themselves to board members' chairs and refused to leave. TUSD Superintendent Dr. John Pedicone then canceled the meeting.

Board members re-scheduled the meeting for Thursday May 5 at the Catalina High School auditorium. But the agenda committee changed its mind and moved it two days earlier and back to district headquarters.

Board members said they were concerned over security at Catalina High. They said security will be beefed up inside the board room, in the hallway and outside the building. In addition, when the board room fills up, authorities will lock the doors and won't allow anybody else in.

Doctor Pedicone told KGUN9 News he was upset at the student's actions Tuesday night and vowed to keep them from holding back the democratic process.

Ethnic studies supporters were demonstrating over a proposal by Dr. Mark Stegeman that would make most ethnic studies courses electives. Currently students have a choice of taking U.S. history or Mexican American studies to graduate.

AZ executes mentally disabled man: Why haven't we evolved yet?

Thanks to "Anchor Baby" Jorge Mendez, Carlos Galindo, and the whole "thuggish mob" occupying the Capitol for coming to my rescue when the cops questioned me about chalking the Senate sidewalk last night.

AZ State Senate:
Vigil against the death penalty.
Phoenix: March 28, 2011.

"Clerical error" my ass, Horne. Of course they requested the drug for use on an "animal" - they don't care if it's defective. They would have executed him for the first crime if they could have - that was pretty horrific: we could line up thousands of guys if we did that, though, for money that could be used saving lives instead. Besides, the AZ Department of Corrections does a better job assuring that their dogs don't suffer the discomfort of summer than they do preventing wretched deaths from befalling the people in their custody - including the ones not sentenced to be executed.


I bet the director of the ADC has a good sleep tonight, defending the public by assuring this man's death. The Arizona Justice Project didn't pick up Eric King's case for some reason, but not necessarily because he isn't innocent - they go with what they think they can win, and can't afford to pin their name on someone who hasn't been cleared. I wonder if it ever bothers Chuck Ryan that so many people have been exonerated. How utterly unnecessary - and unjust, considering how casual this state is about neglect and abuse befalling the people in its custody.


Our condolences to King's kid. I don't think he was asking too much.


This page has links to death penalty resources.

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

Arizona executes Eric John King Tuesday, March 29, 2011 Associated Press

FLORENCE, Ariz. — A man convicted of killing two people in a 1989 Phoenix convenience store robbery was executed Tuesday despite last-minute arguments by his attorneys who raised questions over one of the lethal injection drugs and said they had raised “substantial doubt” about his guilt.

Eric John King’s death at the state prison in Florence was the first execution in the state since October and one of the last expected to use a three-drug lethal injection cocktail.

The 47-year-old had maintained his innocence since his arrest and his lawyers fought until the last minute to get his sentence reversed or delayed.

Defense attorney Mike Burke said before the execution that he visited with King on Tuesday morning.

“Although he’s very calm, he continues to maintain his innocence,” Burke told The Associated Press. “He’s done what he can do. All he has left to do is maintain his dignity.”

The Arizona Supreme Court declined to stay King’s execution Monday after Burke argued that the state should wait until it enacts its new lethal injection protocol. The U.S. Supreme Court refused to intervene.

Corrections Director Charles Ryan announced Friday that Arizona will switch to using just one drug in an effort to allay any “perceived concerns” that sodium thiopental is ineffective, but only after the scheduled executions of King and Daniel Wayne Cook on April 5.

Defense attorney Michael Burke had argued that the Department of Corrections may have engaged in fraud when it imported the sedative from Great Britain by listing it on forms as being for “animals (food processing),” not humans.

Arizona Attorney General Tom Horne said the mislabeling resulted from a clerical error.

Arizona obtained the drug legally, and that’s why it has been able to avoid problems other states have had, Assistant Attorney General Kent Cattani has said. Georgia’s supply of sodium thiopental was seized by federal Drug Enforcement Administration agents on March 15 over questions about how it was obtained.

The drug is part of the three-drug lethal injection cocktail used by nearly all 34 death penalty states, but it became scarce last year after the sole U.S. manufacturer stopped making it.

Some states started obtaining sodium thiopental overseas, and lawyers have argued that potentially adulterated, counterfeit or ineffective doses could subject prisoners to extreme pain.

Texas and Oklahoma recently announced they are switching from sodium thiopental to pentobarbital in their three-drug protocol. Ohio has switched to using only pentobarbital for its executions, and Ryan said that’s the drug Arizona might start using.

Burke also was unable to successfully argue that King be granted clemency at a hearing Thursday. Burke had argued that the two key witnesses who testified against King at his trial have changed their stories, that no physical evidence exists and surveillance video used at trial was of extremely poor quality.

Vince Imbordino, a prosecutor with the Maricopa County attorney’s office, argued that the photographic evidence was clear and that if jurors didn’t believe King was guilty, they wouldn’t have convicted him.

King was convicted of fatally shooting security guard Richard Butts and clerk Ron Barman at a Phoenix convenience store two days after Christmas in 1989. Butts and Barman both were married fathers whose families have testified that their deaths in a robbery that netted $72 devastated them.

Shortly before the killings, King had been released from a seven-year prison term on kidnapping and sexual assault charges. Police say King, who was 18 at the time, and another man kidnapped a woman and took her to an abandoned house, where both repeatedly and brutally sexually assaulted her over six hours.

Before he was sentenced in that crime, deputy adult probation officer Lee Brinkmoeller wrote that King had plans to reform himself.

“The defendant’s plans for the future are to become a machinist and to have his own car, house, family, and start being able to do things for his mother for all the things she has done for him,” Brinkmoeller wrote. “He states that he wants to have his mother be proud of him before she dies and he wants to be somebody.”

Court documents show King had a troubled childhood. Born in a taxi on the way to the hospital in Phoenix, King was one of 12 siblings whose alcoholic, abusive and mentally disturbed father died of a heart attack when King was 11, according to court records.

Records also say King’s mother struggled to provide for the children, who were so hungry at times that they tried to catch crawdads in irrigation canals and frequently were without electricity.

King reported to a prison psychiatrist that he had heard voices on and off his entire life, and suffered from anxiety and insomnia.

His son, 20-year-old Eric Harrison, saw King for the first time Thursday at the clemency hearing and asked the board to spare his father.

“This is the first time I’ve ever seen my dad, ever in life, and I know I love him,” Harrison said. “That’s my dad. He gave me life. Just don’t take him.”

King is the 23rd death row inmates Arizona has executed with the three-drug method since it began using lethal injection in 1993.

The state had previously executed 38 inmates with lethal gas since it started using that method in 1934. Another 28 inmates were executed by hanging between 1910 and 1931.

Source: AP, March 29, 2011

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

AZ State Senate Lawn:
Vigil against the death penalty March 28, 2011.

"The rope that lynches" in the Deep Southwest.

Happy Martin Luther King Day, Arizona!

To the rest of America:
Please boycott this racist state before our fear and hate kill anyone else.

Tucson School Board meeting, January 2011.






Visit http://www.youtube.com/user/WhatABCs for more on the state's continuing efforts to "stop La Raza...", and the lame new state Superintendent of Education leading it. The old superintendent behind HB 2281 is our new Attorney General. See, you just can't get into state executive office here without exploiting fear, racism, and hate - then you can help outlaw your opposition, and insure that your offspring inherit the state.

Anyway, as I said, Happy Martin Luther King Day. Youth like Westli are our greatest hope.

Arizona Attorney General candidate debates this week.

The KAET Channel 8 schedule says that tonight are the Republicans, and tomorrow are the Democrats, but everyone else says the following, so I'm going with the AP version. Presumably, this is being held at the KAET studio tomorrow at 7pm, though none of the press releases say so. Remember to catch the Democratic candidates Wednesday, too.

If you have questions for the station, direct them here:

--------------------from KAET------------

Contact

Send your comments

We welcome your comments and suggestions. Contact Horizon

by e-mail at Eight@asu.edu

by telephone at 602-496-2308

or by mail:

Eight, Arizona PBS
Arizona State University
555 N. Central Ave.; Suite 500 (map)
Phoenix, AZ 85004-1252
ATTN: Horizon

Ask Your Questions

Do you have a question you would like to ask the Horizon guests? We may use it during the broadcast.

Email your question to Horizon@asu.edu

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

GOP candidates for attorney general to face off

By The Associated Press

Published: June 21, 2010 at 6:51 am

The two Republican candidates for Arizona attorney general will face off Tuesday in a debate held by the Arizona Citizens Clean Elections Commission.

State Superintendent of Public Instruction Tom Horne and former Maricopa County Attorney Andrew Thomas are vying for the Republican nomination in the Aug. 24 primary election.

The Clean Elections Commission will hold a debate Wednesday with the Democrats running for attorney general.

Democrats David Lujan, Vince Rabago and Felicia Rotellini are running for their party’s nomination.

Our Schools are Under Attack: What do we do?

 "Stand up, Fight Back!" 

That was the chant coming over NPR today, which also reported on the new English-fluency rules for teachers now, too (I doubt that Tom Horne is complaining about teachers with thick German accents...). 

Boy, is the Latino community getting hit big time. We can't let this stuff stand, folks. It's outright fascism. Even the UN condemns this new law!

This article comes from the Huffington Post via Freedom Archives' Anti-Imperialist News. Worth subscribing to their email list. The link to do so is at the bottom.

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Arizona Ethnic Studies Law Signed By Governor Brewer, Condemned By UN Human Rights Experts

JONATHAN J. COOPER | 05/11/10 11:50 PM |
http://www.huffingtonpost.com/2010/05/12/arizona-ethnic-studies-la_n_572864.html?ref=fb&src=sp

PHOENIX ­ Arizona Gov. Jan Brewer signed a bill targeting a school district's ethnic studies program on Tuesday, hours after a report by United Nations human rights experts condemned the measure.

State schools chief Tom Horne, who has pushed the measure for years, said a Tucson school district program promotes "ethnic chauvinism" and racial resentment toward whites while segregating students by race.

"It's just like the old South, and it's long past time that we prohibited it," Horne said.

The measure prohibits classes that advocate ethnic solidarity, that are designed primarily for students of a particular race or that promote resentment toward a certain ethnic group. It also prohibits classes that promote the overthrow of the U.S. government.

The Tucson Unified School District program offers specialized courses in African-American, Mexican-American and Native-American studies that focus on history and literature and include information about the influence of a particular ethnic group.

For example, in the Mexican-American Studies program, an American history course explores the role of Hispanics in the Vietnam War, and a literature course emphasizes Latino authors.

Horne said he believes the Mexican-American studies program teaches Latino students that they are oppressed by white people. Public schools should not be encouraging students to resent a particular race, he said.

Brewer's signature on the bill comes less than a month after she signed the nation's toughest crackdown on illegal immigration – a move that ignited international backlash amid charges the measure would encourage racial profiling of Hispanics.

A Republican running for attorney general, Horne has been trying to restrict the program ever since he learned that Hispanic civil rights activist Dolores Huerta in 2006 told students that "Republicans hate Latinos."

District officials said the program doesn't promote resentment, and they believe it would comply with the new law.

About 1,500 students at six high schools in the district are enrolled in the program. Elementary and middle school students also are exposed to the ethnic studies curriculum. The district is 56 percent Hispanic, with nearly 31,000 Latino students.

Sean Arce, director of the district's Mexican-American Studies program, said last month that students perform better in school if they see in the curriculum people who look like them.

"It's a highly engaging program that we have, and it's unfortunate that the state Legislature would go so far as to censor these classes," he said.

Six UN human rights experts released a statement earlier Tuesday expressing concern about the measure. All people have the right to learn about their own cultural and linguistic heritage, they said.

Brewer spokesman Paul Senseman didn't directly address the UN criticism, but said Brewer supports the bill's goal.

"The governor believes ... public school students should be taught to treat and value each other as individuals and not be taught to resent or hate other races or classes of people," Senseman said.

The law doesn't prohibit classes that teach about the history of a particular ethnic group, as long as the course is open to all students and doesn't promote ethnic solidarity or resentment.

Arce could not immediately be reached after Brewer signed the bill late Tuesday.



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