Courtwatching The Cops: Kevin Gerster June 2011

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


CORRECTION/CLARIFICATION

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

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

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

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

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

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

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

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

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


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

Maricopa County Attorney

301 W. Jefferson St.

Phoenix, AZ 85003

Victims' Services
(602) 506-8522

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



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

Maricopa County Superior Court

(click here for updated records search)

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

Court Administration: (602) 506-3204

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

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

MCSO Brutality update: Kevin Gerster and William Hughes

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

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NEXT HEARING:

Comprehensive Trial Management Conference
June 9, 2011 - 8:45am
Maricopa County Central Court Building
(W. Jefferson St.)
Judge Verdin.


Maricopa County Courthouse
May 18, 2011

The Comprehensive Trial Management Conference was to be held today (May 18, 2011), but it was pushed back and everything that occurred was done up at the bench, where the public couldn't witness it or determine what was said in the transcripts...I suspect because I had been protesting loudly outside before the hearing, confronting Gerster when he arrived (my taxes paid his salary, after all - and he hurt people in violation of my trust). All I was able to catch Judge Verdin saying to his attorney, who requested that they approach to discuss the case, was that "this is a delicate situation."

Damn straight it is. There are a lot of us mad as hell about what Gerster and fellow officer Alan Keesee did. Gerster and Keesee have more rights as perpetrators of assault than William Hughes has as their victims do now. As some of you may recall, if we, as citizens, are victimized while in custody, we're excluded from the constitutional protections and rights we have when crimes are perpetrated against us in the community, effectively silencing our voice in court proceedings, rights to restitution, etc. if a cop is the perpetrator.

I believe they are buying time for people to forget what Gerster did to us, the rest of his "victims"; chances seem very good that the Maricopa County Attorney is about to offer him a deal. The upcoming trial was cancelled in anticipation of a deal being reached beforehand.

Please contact Bill Montgomery's office and urge that this officer's entire prosecution be made visible and transparent to the public, as he violated us all with the abuse of his office and the assaults on his prisoners.

Remind him that Gerster assaulted at least two "VULNERABLE adults" in custody (making him a repeat, violent offender), and could have been charged with class 2 (not the lower class 6) felonies for that, and must not be allowed to walk with anything less than felony charges and prison time if they give him a deal.

Put your concerns in writing ASAP to:

Mr. Bill Montgomery
Maricopa County Attorney
301 W. Jefferson St. PHX 85003

I'd appreciate copies of your letters to post publicly. Send them to:

Peggy Plews / PO Box 20494 /PHX, AZ 85036

Please also express your continued outrage over the conduct of MCSO officers, and your desire to see justice served, to:

Editor, Arizona Republic / P.O. Box 1950 /Phoenix, AZ 85001

Finally, I looked up the status of William Franklin Hughes III's case. The MCAO still appears to be prosecuting him for the petty offenses (like criminal damage and indecent exposure - most likely secondary to the symptoms of his mental illness) that landed him in Gerster's and Keesee's pre-trial "care" in the psychiatric wing of the county jail in the first place...he was even ordered to undergo competency exams by the judge before they would proceed any further. I don't understand why he's going on trial, given what Montgomery had to say recently about the need to divert these folks from prosecution in the first place. I just discovered that his trial was supposed to begin this am, which I missed.

You would think the MCAO would recognize the beatings he received in jail as punishment enough - and poor William was out of his mind when he got pounded on by those guys. So, folks, please also ask Mr. Montgomery what the deal is with William's prosecution. Those are our tax dollars he's eating up in this unnecessary and cruel endeavor to punish a young man who was already terribly traumatized in custody over "crimes" that really hurt no one else...

Maricopa County Courthouse
(3rd St/W. Jefferson, PHX)
March 11, 2011

Tough on Crime MCAO prosecutes William Franklin Hughes III.

Maricopa County Superior Court House (March 11, 2011)

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


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


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


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


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


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

MCSO Brutality Watch: Gerster Court Records.

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

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

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

Marciopa County Superior Court

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

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

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

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

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


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



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


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


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


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


Here are the links to the minutes:

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

Police Brutality Watch: Gerster February update.

UPDATED UPDATE: Here's the record of Gerster's Feb 10 court appearance. There's a comprehensive Pre-trial Conference, March 11, 8:15am, Maricopa County Superior Courthouse (W. Washington St.)

Been taking care of my family today and didn't make it to Kevin Gerster's pretrial conference as planned. There doesn't appear to be any news coverage on him from the past week, and the notes from today's proceedings aren't posted to the Superior Court website yet, so if anyone else out there knows what may have transpired this AM, let me know. I'll post the time/date of his next hearing once it shows in the record. No news yet on the charging of officer Alan Keesee for his assault on a prisoner in the psychiatric unit. As far as I know, he's still on paid leave with the Maricopa County Sheriff's Office.

What I can tell you is that - much to my surprise - the Maricopa County Attorney's Office has not only not swept this under the rug, but they've been hitting Gerster with allegations about historical priors and multiple counts for offenses committed on separate occasions - they filed those last week, apparently (see here, here and here). I still think class 6 felonies are too low for what he did (below is the Arizona Revised Statutes 13-1204 description of aggravated assault). But kudos to Montgomery and crew for going after him on allegations as doggedly as they go after the rest of us...

Damn. I shouldn't be encouraging vindictiveness or prosecutorial excess; this is really a perfect opportunity to talk about what transformative justice could look like when applied to state agents like Gerster and Arpaio - the people I really want most to see get punished. I'll work on that and get back to folks once it perks for awhile. Send me your thoughts.

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

ARS 13-1204. Aggravated assault; classification; definition

(L10, Ch. 241, sec. 1 & Ch. 276, sec. 2)

A. A person commits aggravated assault if the person commits assault as prescribed by section 13-1203 under any of the following circumstances:

1. If the person causes serious physical injury to another.

2. If the person uses a deadly weapon or dangerous instrument.

3. If the person commits the assault by any means of force that causes temporary but substantial disfigurement, temporary but substantial loss or impairment of any body organ or part or a fracture of any body part.

4. If the person commits the assault while the victim is bound or otherwise physically restrained or while the victim's capacity to resist is substantially impaired.

5. If the person commits the assault after entering the private home of another with the intent to commit the assault.

6. If the person is eighteen years of age or older and commits the assault on a child who is fifteen years of age or under.

7. If the person commits assault as prescribed by section 13-1203, subsection A, paragraph 1 or 3 and the person is in violation of an order of protection issued against the person pursuant to section 13-3602 or 13-3624.

8. If the person commits the assault knowing or having reason to know that the victim is any of the following:

(a) A peace officer, or a person summoned and directed by the officer while engaged in the execution of any official duties.

(b) A constable, or a person summoned and directed by the constable while engaged in the execution of any official duties.

(c) A firefighter, fire investigator, fire inspector, emergency medical technician or paramedic engaged in the execution of any official duties, or a person summoned and directed by such individual while engaged in the execution of any official duties.

(d) A teacher or other person employed by any school and the teacher or other employee is on the grounds of a school or grounds adjacent to the school or is in any part of a building or vehicle used for school purposes, any teacher or school nurse visiting a private home in the course of the teacher's or nurse's professional duties or any teacher engaged in any authorized and organized classroom activity held on other than school grounds.

(e) A health care practitioner who is certified or licensed pursuant to title 32, chapter 13, 15, 17 or 25, or a person summoned and directed by the licensed health care practitioner while engaged in the person's professional duties. This subdivision does not apply if the person who commits the assault is seriously mentally ill, as defined in section 36-550, or is afflicted with alzheimer's disease or related dementia.

(f) A prosecutor.

(g) A code enforcement officer as defined in section 39-123.

(h) A state or municipal park ranger.

9. If the person knowingly takes or attempts to exercise control over any of the following:

(a) A peace officer's or other officer's firearm and the person knows or has reason to know that the victim is a peace officer or other officer employed by one of the agencies listed in paragraph 10, subdivision (a), item (i), (ii), (iii), (iv) or (v) of this subsection and is engaged in the execution of any official duties.

(b) Any weapon other than a firearm that is being used by a peace officer or other officer or that the officer is attempting to use, and the person knows or has reason to know that the victim is a peace officer or other officer employed by one of the agencies listed in paragraph 10, subdivision (a), item (i), (ii), (iii), (iv) or (v) of this subsection and is engaged in the execution of any official duties.

(c) Any implement that is being used by a peace officer or other officer or that the officer is attempting to use, and the person knows or has reason to know that the victim is a peace officer or other officer employed by one of the agencies listed in paragraph 10, subdivision (a), item (i), (ii), (iii), (iv) or (v) of this subsection and is engaged in the execution of any official duties. For the purposes of this subdivision, "implement" means an object that is designed for or that is capable of restraining or injuring an individual. Implement does not include handcuffs.

10. If the person meets both of the following conditions:

(a) Is imprisoned or otherwise subject to the custody of any of the following:

(i) The state department of corrections.

(ii) The department of juvenile corrections.

(iii) A law enforcement agency.

(iv) A county or city jail or an adult or juvenile detention facility of a city or county.

(v) Any other entity that is contracting with the state department of corrections, the department of juvenile corrections, a law enforcement agency, another state, any private correctional facility, a county, a city or the federal bureau of prisons or other federal agency that has responsibility for sentenced or unsentenced prisoners.

(b) Commits an assault knowing or having reason to know that the victim is acting in an official capacity as an employee of any of the entities listed in subdivision (a) of this paragraph.

B. A person commits aggravated assault if the person commits assault by either intentionally, knowingly or recklessly causing any physical injury to another person, intentionally placing another person in reasonable apprehension of imminent physical injury or knowingly touching another person with the intent to injure the person, and both of the following occur:

1. The person intentionally or knowingly impedes the normal breathing or circulation of blood of another person by applying pressure to the throat or neck or by obstructing the nose and mouth either manually or through the use of an instrument.

2. Any of the circumstances exists that are set forth in section 13-3601, subsection A, paragraph 1, 2, 3, 4, 5 or 6.

C. Except pursuant to subsections D and E of this section, aggravated assault pursuant to subsection A, paragraph 1 or 2 or paragraph 9, subdivision (a) of this section is a class 3 felony except if the victim is under fifteen years of age in which case it is a class 2 felony punishable pursuant to section 13-705. Aggravated assault pursuant to subsection A, paragraph 3 or subsection B of this section is a class 4 felony. Aggravated assault pursuant to subsection A, paragraph 9, subdivision (b) or paragraph 10 of this section is a class 5 felony. Aggravated assault pursuant to subsection A, paragraph 4, 5, 6, 7 or 8 or paragraph 9, subdivision (c) of this section is a class 6 felony.

D. Aggravated assault pursuant to subsection A, paragraph 1 or 2 of this section committed on a peace officer while the officer is engaged in the execution of any official duties is a class 2 felony. Aggravated assault pursuant to subsection A, paragraph 3 of this section committed on a peace officer while the officer is engaged in the execution of any official duties is a class 3 felony. Aggravated assault pursuant to subsection A, paragraph 8, subdivision (a) of this section resulting in any physical injury to a peace officer while the officer is engaged in the execution of any official duties is a class 5 felony.

E. Aggravated assault pursuant to:

1. Subsection A, paragraph 1 or 2 of this section is a class 2 felony if committed on a prosecutor.

2. Subsection A, paragraph 3 of this section is a class 3 felony if committed on a prosecutor.

3. Subsection A, paragraph 8, subdivision (f) of this section is a class 5 felony if the assault results in physical injury to a prosecutor.

F. For the purposes of this section, "prosecutor" means a county attorney, a municipal prosecutor or the attorney general and includes an assistant or deputy county attorney, municipal prosecutor or attorney general.

Kevin Gerster's Arraignment

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

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

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

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

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

Privilege has its perks.

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

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


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


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

MCSO Abuse of Vulnerable Adults and the Rule of Law

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


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

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

William Franklin Hughes III

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

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

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


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


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

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

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


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

This is an abuser's mugshot...

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


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


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


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

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


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


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


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


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


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


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


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

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

Thomas E. Perez
Assistant Attorney General, Civil Rights Division

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

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Arizona Revised Statutes

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

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