Retiring Arizona Prison Watch...


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

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

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

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

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

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

until all are free -

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



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Showing posts with label ADC. Show all posts
Showing posts with label ADC. Show all posts

Thursday, June 30, 2011

HUFFPOST's Salute to Martori Farms.



This popped up in the Huffington Post blogs...just a little background to the WalMart / Martori Farms relationship with prison labor.



Resistance Alley, Phoenix

June 3, 2011



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

"I Ain't Gonna Work On Martori's Farm No More"

Al Norman founder of Sprawl-Busters
HUFFPOST Business
Posted: 06/29/11 02:18 PM ET

For the past 20 years, Wal-Mart has fed its stores with agricultural produce from a company called Martori Farms. According to Hoover's profile of the company, Martori is "a fruit and vegetable grower, packer, shipper, and wholesaler and is the largest commercial agricultural company in Arizona.

The agra business was "hand-picked" by Wal-Mart, and in 2007, the giant retailer showcased Martori Farms as part of its "Salute To America's Farmers" program. The Martori farm operations took seed in the 1930s Arizona soil, later specializing in melons and broccoli. The company today has 3 major locations in Arizona, and one site in California. One of its holdings contains more than 15,000 arcres of farmland.

Wal-Mart has described its relationship with Martori Farms as an example of "fruitful collaboration." The retailer's first 35 superstores were stocked with organic cantaloupes from Martori Farms. "Our relationship with Martori Farms is an excellent example of the kind of collaboration we strive for with our suppliers," a Wal-Mart spokesman said four years ago. "Wal-Mart buys more United States agricultural products than any other retailer in the world and we're proud to salute American farmers like Martori Farms."

But new allegations about the use of prison labor at the Scottsdale, Arizona-based Martori Farms could blight the fruitful relationship between the retailer and the farmer.

For almost 20 years, Wal-Mart has had a clear policy forbidding the use of prison labor by its vendors. "Since 1992 Wal-Mart has required its supplier-partners to comply with a stringent code of conduct," Wal-Mart said in a 1997 press statement. "This code requires factories producing merchandise for Wal-Mart to be automatically denied manufacturing certification if inspections reveal...evidence of forced or prison labor."

The Arizona Department of Corrections (ADC) has supplied prisoner labor for private agricultural businesses for almost 20 years. For at least the last four years, the state of Arizona has fined employers who knowingly hire undocumented workers. Farmers responded by calling up the ADC for workers. "We are contacted almost daily by different companies needing labor," the manager of the business development unit of Arizona Correctional Industries (ACI) told the Christian Science Monitor in 2007. "Maybe it was labor that was undocumented before, and they don't want to take the risk anymore because of possible consequences, so they are looking to inmate labor as a possible alternative.

One of those businesses that turned to prison labor was Wal-Mart's vendor, Martori Farms. According to a disturbing story published June 24th by Truth-Out.org, Martori Farms "pays its imprisoned laborers two dollars per hour, not including the travel time to and from the farm." Women from the Arizona state prison complex at Perryville Unit are assigned to work at Martori Farms." Arizona law requires that all able bodied inmates work.

One of the women prisoners at Martori Farms told Truth-Out: "We work eight hours regardless of conditions .... We work in the fields hoeing weeds and thinning plants ... Currently we are forced to work in the blazing sun for eight hours. We run out of water several times a day. We ran out of sunscreen several times a week. They don't check medical backgrounds or ages before they pull women for these jobs. Many of us cannot do it! If we stop working and sit on the bus or even just take an unauthorized break we get a MAJOR ticket which takes away our 'good time'!!! We are told we get 'two' 15 minute breaks and a half hour lunch like a normal job but it's more like 10 minutes and 20 minutes. They constantly yell at us we are too slow and to speed up because we are costing $150 an acre in labor and that's not acceptable... In addition, the prison has sent women to work on the farms regardless of their medical conditions."

Wal-Mart's focus on labor conditions has basically been in Third World producer nations, not on domestic shores. In 1997, Wal-Mart wrote: "The issue of global sourcing and factory conditions is very important to Wal-Mart and to our suppliers. Since 1992, we have spent enormous amounts of time and money to assure compliance with our standards and there has been much improvement."

Yet here in America, prisoners are working under intolerable conditions picking produce for Wal-Mart superstores. In its Standards for Suppliers, Wal-Mart acknowledges that "the conduct of Wal-Mart's suppliers can be attributed to Wal-Mart and its reputation." If for no other reason than to protect its reputation, Wal-Mart should take immediate action against Martori Farms. Such actions should include:

1. an unannounced inspection of working conditions at Martori Farms by an independent auditor

2. enforcement of the Wal-Mart's own Conditions for Employment, including fair compensation of wages and benefits which are in compliance with the local and national laws, reasonable employee work hours in compliance with local standards, with employees not working in excess of the statutory requirements without proper compensation as required by applicable law.

As long as Wal-Mart allows Martori Farms to exploit its prison workers, Wal-Mart is complicit in the scheme. This arrangement violates the company's ethical sourcing standards. Such working conditions are not right in Sri Lanka, not right in Bangladesh, and they are not right in Scottsdale Arizona either.

The next time you squeeze a melon at Wal-Mart, think about the prison farmworkers who got squeezed to produce it.

Wal-Mart's Global Ethics Office can be emailed at ethics@wal-mart.com.

Al Norman is the founder of Sprawl-Busters, and is the author of organizer's classic big box story, Slam-DunkingWal-Mart.

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


Anarchist Artwalk
Resistance Alley, Phoenix
June 3, 2011


Wednesday, June 22, 2011

Sad Solstice: Remembering Brenda Todd

Six months ago this week, on January 21, 2011, Brenda Todd died in Perryville state prison begging for medical attention that never came. That's part of a twisted pattern of neglect and gross indifference to human life at the AZ Department of Corrections - particularly at the AZ state women's prison.

Urged on by prisoners who were there when she died, we tracked down Brenda's father to make sure that her family members know to file suit because of the circumstances, though I don't know if he's in time to file a Notice of Claim against the state - there's generally a six-month deadline for grieving families to be on top of (and no one ever tells them that). I referred him to a good attorney who will find out, no doubt.

Brenda's dad isn't on-line and the family never saw the Phoenix New Times story or my blog posts about how she died - or all the letters we received from the other women about what happened - and the State only notified him last week that the death certificate is ready, so I think the courts should grant him an extens
ion to file. He had no way of knowing that her death was wrongful until now. It goes beyond simple negligence.

The family can still file suit in federal court, however, I believe under civil rights law. There's a two-year deadline for prisoners to file Section 1983 CR suits, at least, so survivors of prison violence who have missed filing deadlines for the state should still speak to an attorney as soon as possible. Do NOT wait for or trust the AZ Department of Corrections or the AZ Attorney General's office to give you timely, accurate information about your loved one's death - they're just trying to avoid your lawsuits. Unfortunately, it seems the only way they change is when someone wins in court - and we need to stop them from killing these women now, so please exercise all your rights to fight back.

Our condolences go out to all of Brenda's loved ones. Feel free to contact me (Peggy at 480-580-6807) if there's anything I might be able to do. If nothing else, I can put you in touch with other families who share your struggle - just let me know.





June 23, 2011: CORRECTION:

It's only been five months since Brenda died. That means that - thanks to my friend Matt's work - we're in time to help her family with a claim against the state. Unfortunately, litigation seems to be the only thing that makes them clean up the prisons, and Brenda's family has one hell of a suit...she could end up sparing a lot of other women from the hell she went through. From what I've been told, she'd probably give her blessings to that struggle
...


Monday, June 13, 2011

Middle Ground re: ADC "visitor application fee"

This is a thoughtful response to a concern many folks have been expressing about the new fees being imposed by the state, balancing their budget on the backs of prisoners and their families already being bled dry by profiteers. Thanks to Donna Hamm for putting this out there...check out her website at Middle Ground Prison Reform for more info on dealing with the state prisons.

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

From: DONNA LEONE HAMM
Date: Fri, Jun 10, 2011 at 7:10 PM
Subject: FW: RE-WRITE needed: DO 911/Relevant portions of of SB 1621



Middle Grounders:

The information below is self-explanatory. No need to respond to this email; it is sent to you for information purposes only. Our preliminary legal research indicates that the new fee for visitor background checks (which DOC has now dubbed as a "visitor application fee" for what we believe are very specious reasons) is an unconstitutional "special tax." We are in the early stages of preparing a Complaint for Declaratory Judgment against Charles Ryan, DOC Director. We hope to have the lawsuit prepared, written and filed prior to the effective date of the new fees, July 20, 2011. However, there is no way that the lawsuit will be resolved by that time. The "relief" we will be seeking is (1) to have the court declare that the statute is unconstitutional and imposes a "special tax" on prison visitors; and, (2) that all fees thus far collected are to be refunded. The court will NOT grant us a preliminary injunction (prior to implementation of the policy/fee) because the imposition of the fee does not represent "irreparable harm," which is the standard of law that must be met.

Please carefully read the information below. As you can see, we have demanded that the DOC re-write DO 911, effective 7/20/11 because they aren't even following the law that is stated in the new statute. By naming the fee a "visitation application fee" instead of what the law calls it -- a BACKGROUND CHECK FEE -- we believe that the DOC is trying to avoid having to perform actual background checks on all visitors because it will overwhelm their resources. Keep in mind that NONE of the fee monies collected are allowed to be used by the DOC to off-set the actual costs (whatever they are) for background checks. Instead, 100% of the monies collected MUST go to the Building Renewal Fund (to repair roofs, fire safety systems, locks, etc.) Note: ALL taxpayers benefit from the alleged safety that is created for the state by locking up prisoners; prisoner families should not have to pay the costs of building maintenance of prison facilities on their own. That's what this law attempts to do.

Right now, we don't need Plaintiffs for the lawsuit, but if we do need volunteers, we will put out the word and obtain names.

Thanks for understanding that this email is being distributed to more than 2,000 people and we can't possibly respond to individual questions from each one of you. Feel free to pass this information along to at least ten (10) people. If they want to be included on our Middle Ground E-mail alert list, ask them to send us an email with the subject line marked: ADD To Email Alert List.


Donna Leone (Hamm)
Criminal Justice Consultant
Executive Director - Middle Ground Prison Reform
See: www.middlegroundprisonreform.org
MIDDLE GROUND HAS BEEN ARIZONA'S PREMIER CHAMPION OF THE RIGHTS OF THE INCARCERATED SINCE 1983

________________________________

From: middlegroundprisonreform@msn.com
To: cryan@azcorrections.gov; kklausner@azcorrections.gov
Subject: RE-WRITE needed: DO 911/Relevant portions of of SB 1621
Date: Fri, 10 Jun 2011 15:54:39 -0700

Mr. Ryan,

As we discussed, I am writing to provide you with concerns and objections to the implementation of SB 1621, specifically that part which provides for a fee for background checks for visitors, but which will actually be used (100%) to fund an Building Renewal Fund wholly operated by the DOC. I noted on the DOC website that you have already issued revised DO 911, effective 7/20/11, but for various reasons -- particularly because it is illegally written from the start -- it will have to be revised.

ARS 41-1604.3 states, ESTABLISH BY RULE A ONE-TIME FEE FOR CONDUCTING BACKGROUND CHECKS ON ANY PERSON WHO ENTERS A DEPARTMENT FACILITY TO VISIT A PRISONER. A FEE SHALL NOT BE CHARGED FOR A PERSON WHO IS UNDER EIGHTEEN YEARS OF AGE. THE DIRECTOR MAY ADOPT RULES THAT WAIVE ALL OR PART OF THE FEE. THE DIRECTOR SHALL DEPOSIT, PURSUANT TO SECTIONS 35-146 and 35-147, ANY MONIES COLLECTED PURSUANT TO THIS PARAGRAPH IN THE DEPARTMENT OF CORRECTIONS BUILDING REVEWAL FUND ESTABLISHED BY SECTION 41-797.

Please note the underlined portions of the above paragraph. The recently revised Visitation policy, effective July 20, 2011, and known as DO 911, states at 1.2, Visitation Application Fee, A one'time, non-refundable, $25.00 application fee must be paid at the time the application is submitted for all adult visitors. . . . All fees collected shall be applied to the Building Renewal Fund.

Mr. Ryan, there is no such thing in Arizona law which authorizes a "Visitation Application Fee." As noted above, the fee is imposed for "conducting background checks." This is an important distinction and must be rectified.

Although I, myself, am a potential visitor to the prison facilities throughout the state, I decied to poll our Middle Ground email "alert" list (which consists of about 2,000 valid addresses) to see what thoughts and concerns others have about this background check fee. In no order of importance and in no order of frequency of an item being mentioned, those concerns -- along with those specifically identified by Middle Ground -- are listed below.

As I previously mentioned to you, this list of concerns -- even if taken into account by the Department in re-writing the policy which will govern this fee -- in no way constitutes an endorsement or support of the fee. We are adamantly opposed to any fee imposed on potential visitors and believe it to be an unconstitutional special tax.

1. The amount of the fee is of grave concern. DPS charges only $5 for a background check for any person who properly identifies him/herself. The $25 fee as identified in DO 911 is exhorbitant.

2. Visitors have indicated they will expect to be provided a written or digital receipt for paying the fee or fees. There is no indication of providing this reasonable information to anyone who pays money to the Department contained within DO 911. This is critical since any subsequent re-incarceration of a released inmate is not supposed to result in another fee for his previously-paid visitors. The Department may lose a computer record which confirms receipt of the previous payment. A written receipt to the person who pays the fee is expected and required.

4. Since visitors are required to pay for a background check (and not, as the Department has disingenuously renamed it, a "Visitor application fee") , they will expect to receive a copy of the results of the background check. The background checks are confidential, but not to the party on whom the check is being performed (see DPS rules and statutory authorities). This document will have to be mailed by the Department to an address provided by the applicant. Persons who pay for a product or "service" provided by the State are entitled to receive the product they paid for. The statute authorizes a fee for a background check only. There is no statutory fee authorized for a "visitor application."

5. On the date the fee provision goes into effect, will all persons currently approved as visitors be denied visitation until they pay the fee and have a new background check performed? There are already extraordinary delays in clearing visitors through background checks (although the process itself only takes a few minutes, according to DPS). Will all visitors to the Arizona DOC have to have their visitation suspended until a new check is finalized?

6. Will additional staff be hired to timely process all the new and/or updated background checks that will need to be performed?

7. If a person visits more than one inmate (multiple family members incarcerated), is there still a one-time background check fee?

8. How was the $25 fee arrived at by DOC? DPS charges only $5 for a background check fee.

9. Why are there no exemptions (except for lawyers and their agents) for the background check fee? What about truly indigent persons?

10. Once a previous visitor turns age 18, will they have to pay the background check fee upon turning 18 even if they are already visiting as a child?

11. What reports does the Department intend to prepare and distribute which reflects how the collected monies are being spent (on building renewal)?

12. If someone lives in an out-of-state location and has no intention (or means) of visiting, will they still have to pay the fee to become a telephone contact for the prisoner? (The statute says only visitors over the age of 18 will pay the background check fee).

13. How long must a potential visitor wait to be advised whether the application has been approved or not? Will approvals be significantly delayed as a result of all the new background checks that must be performed to comply with this statute?

14. The DOC receipt sent to the applicant must include assurances that the privacy of the applicant is strictly protected and that the information is not sold to any other agency, company or used for any other purpose that a background check for visitation approval.

Please advise what you intend to do to address the above reasonable concerns, as well as to revise DO 911 to correctly identify the reason for the fee (background check).

Donna Leone (Hamm)
Criminal Justice Consultant
Executive Director - Middle Ground Prison Reform
See: www.middlegroundprisonreform.org

MIDDLE GROUND HAS BEEN ARIZONA'S PREMIER CHAMPION OF THE RIGHTS OF THE INCARCERATED SINCE 1983

Friday, June 3, 2011

Eyman Homicide: Jeremy Pompeneo.

This young man's death is under investigation as a homicide, according to the Phoenix New Times. His original crime was brutal - he murdered his girlfriend by stabbing her 80 times.

He was also seriously mentally ill, however, and should have been safe in ADC custody while being treated for his psychiatric disorder. In light of the skyrocketing rates of homicide and suicide in AZ state prisons since Brewer and Chuck Ryan took over, his may be one death that could have been prevented, and his family should sue the state for everything they can. It may be the only thing that saves the next kid.

Our condolences to any loved ones this prisoner left behind.


Please feel free to contact me at
prisonabolitionist@gmail.com or 480-580-6807 if I can be of any assistance as you recover from this. I'm just a blogger and activist - not an attorney or grief counselor - but I'm willing to help connect you with support if I can. That goes for all survivors of jail and prison violence, suicide, and neglect.


To report Arizona homicides, suicides, and medical neglect to the US Department of Justice, ask for a CRIPA (Civil Rights for Institutionalized Persons) Investigation of harmful patterns and practices causing the homicide and suicide rates to double under Jan Brewer's administration, and leaving prisoners to die without medical attention.

Address your concerns to:

Jonathan Smith, Chief
Special Litigation Section - Civil Rights Division
US Department of Justice
950 Pennsylvania Ave, NW
PATRICK HENRY BUILDING
Washington, DC 20530


Please email me a copy as well.










Monday, May 2, 2011

Prisoner Rights: PHX May Day Rally, 2011.

Calling all Angels: Appeal to the Phoenix Labor Movement to intercede in AZ state prison crises.

1. Blogger/Human Rights Activist Peggy Plews reading a Perryville prisoner's letter re: work conditions at Martori Farms.


2. Disabled worker, prisoner's mom Kini Seawright confronts prison segregation. Son, Dana, was murdered in ASPC-Lewis/Stiner (July 2010) for being friends with a Mexican and refusing to carry out a satisfactory hit on another Latino prisoner...







from Sandangelmedia


Please ask Representative Cecil Ash to open legislative hearings on conditions in the AZ state prisons through the AZ House Health and Human Services Committee:

AZ State Legislature
1700 W. Washington St.

PHX, Arizona 85007


Thanks to Robert Haasch for this video!

Friday, April 29, 2011

Martori Farms and the AZ Department of Corrections.

It's come to my attention that the women from ASPC-Perryville who are providing the prison labor to Martori Farms are being coerced into taking the jobs by the guards responsible for recruiting them, and are reportedly working at times without water, sunscreen, adequate nutrition and full breaks, and without regard to medical concerns or age. Those who refuse the jobs or don't work sufficiently hard enough in the fields - or who even just complain - are threatened with being written up (a major ticket which can cost good time), or thrown into the hole.

The women are afraid for their health and safety; some are allergic to the bees they are harvesting, and others have been told to work through serious symptoms such as chest pain, still being dismissed as malingering - reminiscent of what happened to Brenda Todd and Susan Lopez, when they begged for medical care. They're presently working 8-hr days/6 days a week (not including the 1+ hour trek to and from the farm). Come harvest time, they've been told they'll be working 12-hour days.


Upon receiving this information, I called OSHA - the Department of Labor doesn't have jurisdiction over prison labor, even when contracted to private farms. The only department in the state, outside of Arizona Department of Corrections (ADC) they referred me to was the AZ Department of Administration's Risk Management people - they're the only ones who care about prisoner-worker "rights", it appears, because they want to minimize liability (which has little to do with taking responsibility in practice, it appears).

The Department of Administration referred me back to the ADC, to a guy by the name of Barry Keith. I told them I already contacted the ADC"s general counsel's office about the issue, and want outside eyes on the prison to assure worker's rights are being protected. They had no one else to refer me to, though, so I left a message for Mr. Keith. We'll see who gets back to me with what - I'm not on the best of terms with them these days.

Again, I'm urging people to contact the Chair of the AZ House Health and Human Services Committee, Rep. Cecil Ash, and request hearings on the conditions in the prisons.
He can be reached at:


Arizona House of Representatives
1700 W. Washington St.
Phoenix, AZ 85007
(cash@azleg.gov)


cc me (see margins), the Phoenix New Times
(PO Box 2510, Phoenix, AZ 85002 / Phone: 602-271-0040 / Fax: 602-340-8806) and your own legislators on your concerns, please...let me know if I can print what you write.

Finally, here's some info about prison labor, from a good DAILY KOS story in December 2010.
An older Christian Science Monitor article about AZ prison labor as it relates to the issue of immigration comes first...and here's something from another blog post last June: Slaves of the State: Prison Labor

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

With Fewer Migrant Workers, Farmers Turn to Prison Labor


By Nicole Hill, Christian Science Monitor
Posted on August 22, 2007, Printed on April 29, 2011
http://www.alternet.org/story/60497/with_fewer_migrant_workers%2C_farmers_turn_to_prison_labor


Picacho, Ariz. -- Near this dusty town in southeastern Arizona, Manuel Reyna pitches watermelons into the back of a trailer hitched to a tractor. His father was a migrant farm worker, but growing up, Mr. Reyna never saw himself following his father's footsteps. Now, as an inmate at the Picacho Prison Unit here, Reyna works under the blazing desert sun alongside Mexican farmers the way his father did.

"My dad tried to keep me out of trouble," he says, wearing a bandanna to keep the sweat out of his eyes. "But I always got back into the easy money, because it was faster and a lot more money." He's serving a 6-1/2 year sentence for possession and sale of rock cocaine.

As states increasingly crack down on hiring undocumented workers, western farmers are looking at inmates to harvest their fields. Colorado started sending female inmates to harvest onions, corn, and melons this summer. Iowa is considering a similar program. In Arizona, inmates have been working for private agriculture businesses for almost 20 years. But with legislation signed this summer that would fine employers for knowingly hiring undocumented workers, more farmers are turning to the Arizona Department of Corrections (ADC) for help.

"We are contacted almost daily by different companies needing labor," says Bruce Farely, manager of the business development unit of Arizona Correctional Industries (ACI). ACI is a state labor program that holds contracts with government and private companies. "Maybe it was labor that was undocumented before, and they don't want to take the risk anymore because of possible consequences, so they are looking to inmate labor as a possible alternative."

Reyna and about 20 other low-risk, nonviolent offenders work at LBJ Farm, a family-owned watermelon farm, as part of ADC's mission to employ every inmate, either behind prison walls or in outside companies. The idea is to help inmates develop job skills and save money for their release. "It helps them really pay their debt back to the folks who have been harmed in society, as well as make adequate preparation for their release back onto the streets." says ADC director Dora Schriro.

If it weren't for a steady flow of inmates year-round, says Jack Dixon, owner of LBJ, one of the largest watermelon farms in the western US, he'd have sold out long ago. Even so, last year 400 acres of his watermelons rotted on the ground - a $640,000 loss - because there weren't enough harvesters. Mr. Dixon had applied for 60 H2-A guest worker visas, but only 14 were approved because of previous visa violations.

"We are in desperate need for hand labor," says Dixon, who started working on the farm when he was 9, alongside mostly migrant workers. "It's hard to get migrant workers up here anymore, with all the laws preventing them. It's not what it used to be," Dixon says. "It's dangerous for them with all the coyote wars and smuggling."

Other farmers wonder if inmates could be their solution. Dixon has received calls from a yellow-squash farmer in Texas inquiring about how to set up an inmate labor contract as well as from another watermelon farmer in Colorado seeking advice on how to manage inmate crews.

For labor-rights activists, federal immigration reform is the only viable solution to worker shortages.

Marc Grossman, spokesman for the United Farm Workers of America, says inmate labor undermines what unionized farmworkers have wanted for years: to be paid based on skill and experience. "It's rather insulting that the state [Arizona] would look so poorly on farm workers that they would attempt to use inmates," Grossman says. There is also the food-safety aspect, he says: Experienced workers understand sanitary harvesting.

"Agriculture does not have a reliable workforce, and the answer does not lie with prison labor," says Paul Simonds of the Western Growers Association, a trade association representing California and Arizona. "This just underscores the need for legislation to be passed to provide a legal, stable workforce." A prison lockdown would be disastrous, he points out, with perishable crops awaiting harvest. Other crops, like asparagus and broccoli, require skilled workers.

Although the ADC is considering innovative solutions - including satellite prisons - to fulfill companies' requests for inmate labor, prison officials agree that, in the end, the demand is too high. "To go into a state where agriculture is worth $9.2 billion and expect to meet a workforce need is impossible," says Katie Decker, spokeswoman for ADC. At any given time only about 3,300 prisoners statewide (out of a prison population of about 37,000) are cleared to work outside.

ACI provides inmates to nine private agricultural companies in Arizona, ranging from a hydroponics greenhouse tomato plant to a green chile cannery. Unlike other sectors where federal regulations require that inmate workers be paid a prevailing wage and receive worker compensation, agricultural companies can hire state inmates on a contract basis. They must be paid a minimum of $2 per hour. Thirty percent of their wages go to room and board in prison. The rest goes to court-ordered restitution for victims, any child support, and a mandatory savings account. Private companies are required to pay for transportation from the prison to the worksite and for prison guards.

For Reyna, his work on farms over the past couple of years has added $9,000 in his savings account and given him a renewed respect for his Mexican father's lifetime of stoop labor.

At Dixon's farm, it's 103 degrees F. The inmate crews, wearing orange jumpsuits, work in a rhythmic line, calling out the number of the watermelons, and alongside the trailer. Just a few yards away, Mexican workers also work in a line. The inmates will quit at 4 p.m., while the immigrant laborers may work 13-hour days. "We go back, they stay out here," Reyna says. "It really isn't the same."

In the farm's office, watermelons line the counter, and photos of migrant workers hang in dusty frames. When asked why he doesn't sell the farm, Dixon says, "the inmates, the migrants, these people are part of the family - that's why I keep this darn place."

Dixon says he supports the idea of a reformed, guest-worker program that would employ migrant workers during the harvest and return them to Mexico in the winter. But until that happens, he's willing to fight for the workers he's shared the land with for most of his life.

"People are crossing the border because they are starving to death," Dixon says, "I don't care what their status is. If they are hungry and thirsty, I am going to feed them."

"I could sell this and quit," he continues, "But I believe in supporting the American farming industry."

© 2011 Christian Science Monitor All rights reserved.
View this story online at: http://www.alternet.org/story/60497/

INSOURCING - Identifying businesses involved in prison labor or supporting those who are

by Bob Sloan

DAILY KOS

Tue Dec 14, 2010 at 03:23 PM PST


Many readers have asked how a corporation can be identified as participating in the use of inmate labor. Actually there are three "categories" of those involved in prison labor and prison industry operations:

  1. corporations, businesses and companies that use direct inmate labor for manufacturing and service jobs,
  1. corporations, businesses and companies that contract with other companies to purchase products or services made by inmate labor (such as McDonalds), and,
  1. individuals, corporations, organizations and investment companies that support the use of prison labor or enable prison industry operations by contributing financial support to those directly involved in using inmates for labor or invest in or support private prison corporations.

To demonstrate how difficult involvement in prison industries and the use of inmate labor is to identify, we'll begin with an investment firm involved in many of our 401(k) and retirement accounts.

Fidelity Investments (Fidelity). This "financial investment" corporation is involved in holding the retirement and 401(k) accounts of millions of Americans. Many of the largest companies in our country offer Fidelity Investments as the sole source of retirement investing for their employees.

Fidelity was previously identified as a funder of the American Legislative Exchange Council (ALEC) in an earlir Insourcing blog. ALEC is deeply invested in supporting Corrections Corporation of American (CCA) and Geo Group (Geo) - that are both corporate members of ALEC. ALEC has willingly accepted responsibility for enactment of laws authorizing and increasing the use of inmates in manufacturing of products as well as the housing of those inmates by private corporations such as CCA and Geo.

Unfortunately if your retirement savings, 401(K) or other investments are held by Fidelity, chances are some of your money is invested by Fidelity in either the use of prison labor or in other operations related to the prison industrial complex (PIC).

I purposely mentioned McDonald's in the intro because though they are not "directly" using inmate labor in their food service operations, they are dependent upon the use of inmate labor to reduce costs associated with those operations. The way they do this is by contracting to purchase their uniforms and some of the plastic utensils provided to customers from a company using inmate labor to make those uniforms and utensils. The uniforms are made by Oregon Inmates. Wendy's has also been identified as relying upon prison labor to reduce their cost of operations - and they fund ALEC.

Two other U.S. companies relying upon prison labor for products sold in their stores are K-Mart and J.C. Penny. Both sell Jeans made by inmates in Tennessee prisons. The same prison in Tennessee provides labor for Eddie Bauer's wooden rocking horses. There are other products we would not associate with prison made products: dentures, partials, eye glasses, processed foods such as beef, chicken and pork patties sold to and served in our schools, grocery stores and hospitals. I don't know about you but putting dentures made in prison in my mouth just somehow causes me concern...just as buying a box of breaded chicken patties and fixing them for my family does.

What about services such as Insurance? Banking? Utilities - gas, oil, electricity? Prescription drugs? Are all of these services or commodities tied to prison labor and the PIC? Unfortunately, yes. Many insurance companies are tied to ALEC...as are corporations involving utilities provided to you in your city or town. To name jut a few brand names you'll recognize that are invested in prison labor or PIC through ALEC are:

BANKS: American General Financial Group, American Express Company, Bank of America, Community Financial Services Corporation, Credit Card Coalition, Credit Union National Association, Inc., Fidelity Inestments, Harris Trust & Savings Bank, Household International, LaSalle National Bank, J.P. Morgan & Company, Non-Bank Funds Transmitters Group

ENERGY PRODUCERS/OIL: American Petroleum Institute, Amoco Corporation, ARCO, BP America, Inc., Caltex Petroleum, Chevron Corporation, ExxonMobil Corporation, Mobil Oil Corporation, Phillips Petroleum Company.

ENERGY PRODUCERS/UTILITIES: American Electric Power Association, American Gas Association, Center for Energy and Economic Development, Commonwealth Edison Company, Consolidated Edison Company of New York, Inc., Edison Electric Institute, Independent Power Producers of New York, Koch Industries, Inc., Mid-American Energy Company, Natural Gas Supply Association, PG&E Corporation/PG&E National Energy Group, U.S. Generating Company.

INSURANCE: Alliance of American Insurers, Allstate Insurance Company, American Council of Life Insurance, American Insurance Association, Blue Cross and Blue Shield Corporation, Coalition for Asbestos Justice, (This organization was formed in October 2000 to explore new judicial approaches to asbestos litigation." Its members include ACE-USA, Chubb & Son, CNA service mark companies, Fireman's Fund Insurance Company, Hartford Financial Services Group, Inc., Kemper Insurance Companies, Liberty Mutual Insurance Group, and St. Paul Fire and Marine Insurance Company. Counsel to the coalition is Victor E. Schwartz of the law firm of Crowell & Moring in Washington, D.C., a longtime ALEC ally.)
Fortis Health, GEICO, Golden Rule Insurance Company, Guarantee Trust Life Insurance, MEGA Life and Health Insurance Company, National Association of Independent Insurers, Nationwide Insurance/National Financial, State Farm Insurance Companies, Wausau Insurance Companies, Zurich Insurance.

PHARMACEUTICALS: Abbott Laboratories, Aventis Pharmaceuticals, Inc., Bayer Corporation, Eli Lilly & Company, GlaxoSmithKline, Glaxo Wellcome, Inc., Hoffman-LaRoche, Inc., Merck & Company, Inc., Pfizer, Inc., Pharmaceutical Research and Manufacturers of
America (PhRMA), Pharmacia Corporation, Rhone-Poulenc Rorer, Inc., Schering-Plough Corporation, Smith, Kline & French, WYETH, a division of American Home Products Corporation.

MANUFACTURING:American Plastics Council, Archer Daniels Midland Corporation, AutoZone, Inc. (aftermarket automotive parts), Cargill, Inc., Caterpillar, Inc., Chlorine Chemistry Council, Deere & Company, Fruit of the Loom, Grocery Manufacturers of America, Inland Steel Industries, Inc., International Game Technology, International Paper, Johnson & Johnson, Keystone Automotive Industries, Motorola, Inc., Procter & Gamble, Sara Lee Corporation.

TELECOMMUNICATIONS: AT&T, Ameritech, BellSouth Telecommunications, Inc., GTE Corporation, MCI, National Cable and Telecommunications Association, SBC Communications, Inc., Sprint, UST Public Affairs, Inc., Verizon Communications, Inc.

TRANSPORTATION: Air Transport Association of America, American Trucking Association, The Boeing Company, United Airlines, United Parcel Service (UPS).

OTHER U.S. COMPANIES: Amway Corporation, Cabot Sedgewick, Cendant Corporation, Corrections Corporation of America, Dresser Industries, Federated Department Stores, International Gold Corporation, Mary Kay Cosmetics, Microsoft Corporation, Newmont Mining Corporation, Quaker Oats, Sears, Roebuck & Company, Service Corporation International, Taxpayers Network, Inc., Turner Construction, Wal-Mart Stores, Inc.

ORGANIZATIONS/ASSOCIATIONS: Adolph Coors Foundation, Ameritech Foundation, Bell & Howell Foundation, Carthage Foundation, Charles G. Koch Charitable Foundation, ELW Foundation, Grocery Manufacturers of America, Heartland Institute of Chicago, The Heritage Foundation, Iowans for Tax Relief, Lynde and Harry Bradley Foundation of Milwaukee, National Pork Producers Association, National Rifle Association, Olin Foundation, Roe Foundation, Scaiffe Foundation, Shell Oil Company Foundation, Smith Richardson Foundation, Steel Recycling Institute, Tax Education Support Organization, Texas Educational Foundation, UPS Foundation.

As the foregoing illustrates, many U.S. companies and corporations not only fund ALEC's activities regarding prison labor and PIC, they have foundations that also contribute handsomely to ALEC. Many are represented upon ALEC"s Private Enterprise Board.

Commodities, services and various products sold to U.S. consumers provide profits to these companies/corporations that are used to further the goals of ALEC. They sell us our vehicles, Chrysler, Ford, GM...sell us the fuel to power those vehicles, insurance to cover our cars and trucks. Some of our homes are mortgaged through banks and mortgage companies affiliated with ALEC. Our homes are insured by carriers supporting the use of inmate labor. Our phones are provided by those who are also involved and our medications also fund these same ALEC activities. Even the fast food places we depend upon are part of the overall PIC operation - McDonalds and Wendy's.

Reservations we make for American Airlines and the likes of AVIS rent-a-car are taken by inmates. More and more call centers are coming on line every day manned by inmates in both state and federal prison operations. Each position taken by an inmate, used to belong to private sector workers who are now unemployed.

Another industry I've briefly touched upon needs to be discussed here. That is the agriculture industry. One side effect of immigration laws being enacted in the Western states is the reduction of migrant workers in those states that have passed tougher immigration policies. Not one to miss such an opportunity, prison industries are vying to fill the voids created by these laws.

Colorado has been one of those states hardest hit because of new laws similar to that of SB 1070. In an effort of providing labor to the farmers in that state, the legislature has partnered with the state DOC to implement a new program allowing for the use of inmates on private farms.

"To meet the needs of the capitalist farmers, the state legislature has partnered with the Colorado Department of Corrections to launch a pilot program this month that will contract with more than a dozen large farms to provide prisoners who will work in the fields. More than 100 prisoners will go to farms near Pueblo, Colo., to start the program in the coming weeks.

Prisoners will earn a miserable 60 cents a day. The prisoners will be watched by prison guards, who will be paid handsomely by the farmers. The practice is a modern form of slavery.

The corporate farm owners and capitalist politicians are defending the program. They claim that business needs to be "protected" for the sake of capitalist production in the agricultural sector."

There were many indicators that this was on the horizon over three years ago, when articles began to appear about several states switching from migrant farm workers to inmates:

"As states increasingly crack down on hiring undocumented workers, western farmers are looking at inmates to harvest their fields. Colorado started sending female inmates to harvest onions, corn, and melons this summer. Iowa is considering a similar program. In Arizona, inmates have been working for private agriculture businesses for almost 20 years. But with legislation signed this summer that would fine employers for knowingly hiring undocumented workers, more farmers are turning to the Arizona Department of Corrections (ADC) for help."

It isn't surprising that agricultural and farming needs would be pointed in this direction by state legislators...where ALEC's efforts of eliminating "illegal" aliens from agribusiness work coincided with their SB 1070 and earlier state legislative efforts. They realized the impact the laws would have upon immigrant workers and that a labor force would be necessary to take the place of immigrants picked up or scared off by laws like SB 1070. CCA, Geo and state prison industry operators were informed of the expected future labor needs of U.S. farmers and began to gear up in 2007 when ALEC successfully proposed and was able to enact one of the first restrictive immigration laws in Colorado. I believe ALEC projected the impact on farming, predicted the labor need and advised prison industries to be prepared to put inmates out in agriculture work on short notice. As soon as the Colorado law went into effect, prison industries had inmates picked, vetted and with the proper custody level ready to step into the shoes of the missing migrant workers.

All in all a very effective business plan put into place by ALEC and their members - eliminate an entire industry workforce and replace it with a workforce supplied by their members at a wage scale of less than $1.00 per hour. At the same time salaries of the prison staff guarding the workers is paid for by the farmers. Talk about a win-win-win business plan.

Prison labor had been used in Arizona for more than two decades prior to SB 1070. However the enactment of that law made the need for inmate labor to treble - along with profits from that labor.

Other occupations are being impacted by privatization of prison related healthcare. Many doctors are now choosing to work in prison rather than private practice. Obviously this switch lowers the number of doctors available in the private sector. One reason for this change in direction by physicians is retirement benefits and free malpractice insurance offered by prison healthcare corporations, such as PHS.

If more information is needed to clarify the financial impact of continuing incarceration upon us as a society take a brief look at Washington State's latest efforts to address the state deficit. The below cuts are necessary to reduce the budget by $600 million. A substantial need for such reductions was created because of the state's continued reliance upon incarcerating more and more citizens, reducing private sector jobs through the use of prison labor by large WA. corporations such as Boeing and Microsoft.

"Among the cuts approved by legislators: nearly $50 million from the Department of Corrections, including the closure of a prison facility; $50 million from K-12 education, including funding intended to keep class sizes small; $51 million from higher education, including at several of the state's flagship universities; nearly $30 million from a state-subsidized health insurance program for the poor; and the elimination of non-emergency dental care for poor adults."

What a trade off, huh? More cuts to education and social programs that benefit the poor while they pay out millions to prison industries and private prison operators - and give tax breaks to Boeing and Microsoft. Washington citizens are getting the shaft - especially their students and the poorest among them.

While Washington state is making terrible cuts to the budget, elsewhere prison workers and their supporters are successfully keeping unnecessary prisons open to keep prison staffers from losing their employment. An action that keeps taxpayers funding their salaries - needlessly.

"ETOWAH COUNTY, Alabama -- U.S. Immigration and Customs Enforcement officials have agreed Thursday to delay removal of more than 300 inmates from Etowah County's detention center until at least the spring, the Gadsden Times reports.

ICE officials had notified the county Saturday that they would be removing the inmates from the Etowah County jail, which is the only facility in Alabama with a contract to house ICE inmates.

On Thursday, after intercession by the county's congressional delegation, ICE agreed to keep inmates at the facility and use Etowah County's prisoner transportation services until March 31, 2011, according to the Gadsden Times, which cites a news release from Sheriff Todd Entrekin.

The decision stops what would have been a substantial economic loss for the jail and could have resulted in the loss of some 49 jobs."

While this fight to keep jobs and inmates in AL. is fought, another fight results in the loss of a successful privately operated reentry program for ex-offenders in Virginia. The state has decided to "re-vamp" its reentry efforts and closed this and 12 other successful programs. Even in instances where volunteers and organizers step-up to address recidivism, the state steps-in and thwarts their efforts. It's almost like there are efforts going on at the state levels to keep incarceration and recidivism rates up.

Our country is being turned into a nation of prisoners and those who pay for their incarceration costs - period. Everything else is being cut to keep the PIC in place and profitable. Medicare and Social Security are next in line in the next U.S. Congress. Don't you find it odd that of all the rhetoric about our failing economy, the cuts to social and community programs, unemployment and unemployment compensation arguments - none of our lawmakers are openly voicing calls for any reduction in imprisonment? I mean there have been hundreds of articles identifying incarceration costs as being responsible for necessary cuts in funding for education and other necessary programs...but no one wants to go on the record as supporting a stop to mass incarcerations? How is it that our elected officials continue to cut more and more out of annual budgets to pay for incarceration and make no effort of reducing the need for that incarceration? I believe it is because they're paid handsomely to avoid any effort of reforming laws or reducing incarceration. It is simply too profitable to allow us to stop sending men, women and our children to jail and prisons.

This is exemplified by a recent article on Louisiana's practice of housing state prisoners in local Parish jails:

“Legislators wonder why the budget for the Department of Corrections is so large,” said one state employee who is familiar with the department. “As long as they keep trying to criminalize everything they find personally offensive in the name of law and order for the benefit of the folks back home, the budget is going to keep growing.

”Each legislative session, dozens of bills are introduced by Louisiana lawmakers to either create new criminal statutes or to increase penalties for existing laws. Only rarely does a bill attempt to reduce penalties for crimes. In the 2010 regular session alone, for example, 68 of 93 bills addressing criminal procedure and crime, called for jail time for new crimes or longer sentences for existing laws. Those included crimes ranging from “unlawfully wearing clothing which exposes undergarments or certain body parts” to cyberbullying, and terrorist acts.

"Local sheriffs relish the opportunity to house state prison inmates because it infuses needed cash into the local coffers. One state official said the actual cost to sheriffs to house the state prisoners is only a fraction of the $24.39 daily income per prisoner. “It’s a big bonus for the sheriffs,” he said."

Right now prisoners in Georgia are striking due to being used as slave labor by that state's prison industries. Such strikes are unheard of and one reason is the huge amount of "get-back" available to the prison staff and their willingness to use physical means to force compliance. My heart goes out to these men, as I've been there and know how dire their circumstances must be to cause such a dangerous mission from behind bars. Many are trying to provide assistance to them through phone and email communications with prison authorities, but so far the prisons involved (6) remain on indefinite lockdowns with reports of retaliation at each facility being reported via cell phone calls from the inmates. There has been limited media coverage of this historical strike (and no mainstream media attention) - again, it is not in their best interests to publicize this action to the public, for fear of creating a discussion on the merits of using inmate labor in a "slavery like" manner - though from reports, thousands of inmates are participating in the strike. These men represent those who are now performing the work previously performed by Georgia private sector workers, and doing it for pennies on the dollar.

As shown by the above information, every facet of our lives are now touched in some way by prison privatization, prison healthcare, feeding of prisoners or by working prisoners in the PIC. This puts their products in our homes, on our grocer shelves, in our produce consumption and reduces available private sector jobs - including positions for physicians. Sadly we must realize that all of this is financed with our tax dollars that are quickly converted to "profits" once received into the coffers of corporations participating in the PIC.

Many comments have been made to my Insourcing Series saying we should identify those involved and boycott their products and services. As this segment demonstrates, it is nearly impossible to identify each corporation, group, organization or individuals involved in PIC and prison industries. Their products are so vast and diverse, each of our homes now have one or more of those products in use. Even picking up the phone and calling for technical assistance with products, making a reservation or inquiring about services may put us in touch with an inmate on the other end of the phone. The Prison Industrial Complex is simply too vast to avoid or boycott - in a manner typically used by consumers and concerned citizens.

Boycotting is usually an activity used to refuse our business to those involved in practices we object to. In this case it is just too difficult to accurately identify prison industry participants.

I'm working on developing a program now that may allow all of us to identify those companies, businesses and corporations not involved in any way with prison labor or the PIC. We can eliminate the profits realized by corporations using inmate labor, by reducing sales of their products. Just as those participating in the PIC transfer our tax dollars into profits, we can transfer their anticipated future profits back to the private sector worker through participation in this program. The only thing these corporations understand is "profit". Money drives them and is what gets their attention. So let's get their attention by denying them sales - not boycotting.

I intend to set up a website allowing those not connected with the PIC, not investing in or funding prison industries and not selling any products made by inmates or inmate provided services to be named. The site is intended to list corporations, retailers, providers and businesses certified as not involved in PIC operations. Links to these certified non-participating company websites and online catalogs, local outlets and products lines will be made available. In addition those industries, corporations, investors, banks, finance companies and others identified as profiting from PIC or prison industries in any form will be identified and "blacklisted". In this way one comprehensive site can be used to identify those products, services and companies to avoid while providing links to U.S. retailers and companies not involved, that provide the same products or services without the use of prisoners.

In order to participate, these companies must "Certify" in writing that they use no inmate labor, do not invest in or sell products made in prison. Secondly they will be required to use the "Made in U.S.A." labels with products and services provided by American workers and offer those products to U.S. consumers.

Prison made goods include those made in China and elsewhere that are finding their way to our retail shelves more and more of late. There are strict prohibitions against allowing imported products into the U.S. when those products were made by prison, slave or child labor. These strict provisions are being circumvented in some instances and deliberately ignored by our Custom Service in others. Companies, businesses, retailers and manufacturers wishing to be listed within the proposed site, must certify non-use of those foreign prison-made goods as well.

The site is intended to allow consumers to identify those not involved in prison labor related products and offer shoppers a discount direct from participating U.S. manufacturers, retailers and service providers for purchasing their products or services made by U.S. workers in our private sector markets. This will help increase jobs and deny continued profits to those using inmate labor.

This effort will be time consuming and expensive to develop and put into operation. Sponsors and volunteers will be needed to assist in this endeavor. This is going to need the expertise of a website developer, software programmers, advertising and accounting assistance. We are going to need people to submit to us the names of businesses they own, work for or invest in that are not associated or affiliated with prison labor or products. Money is going to be needed to advertise the site and make consumers aware that such a site exists to provide them with alternatives to prison made products. If successful this will put money into the pockets of those manufacturers and retailers who refuse to become involved in prison made goods for profit. It will provide those businesses with income to hire more workers due to increased production and sales.

Any volunteers...suggestions...advice...assistance? If you believe this is a good idea to help us take back our jobs, eliminate the vast profits made off of cheap prison labor and promote "real" products made by free American workers, write and let me know. If you want to participate or assist in this development, I'm listening...

Originally posted to Bob Sloan on Tue Dec 14, 2010 at 03:23 PM PST.


Thursday, April 28, 2011

Grieving Susan Lopez: Prisoners have families, too...

The following note was left this afternoon on my Prison Abolitionist blog, under the "comments" for the main post on the suicide of state prisoner Susan Lopez in March. An additional story was added by a prisoner who knew her on San Carlos, before ASPC-Perryville transferred her to a higher custody yard, Santa Cruz.

My condolences go out to Rick Lopez, Susan's and Rick's respective kids, and the extended Flores family; they've been through a lot lately.



"Prisoners have families, too."
Maricopa County Jail: Tent City.
April 5, 2011.




Left with Broken Hearts,


If only you would of known what a beautiful person Susan Lopez our daughter was, full of joy, she had the most sweetest heart, enough love for everyone, and now shes gone from our lives, but will live forever in our hearts, because of the prisons lack of medical attention our daughter is gone.


Whoever is responsible for the neglect of our daughter may god forgive you. you will have to answer to god, for all vengeance are his.


we love you Susan forever you will live in our hearts..............


love mom and dad :(





Rick Lopez at Central Property:
Retrieving Susan's things.
ASPC-Perryville
Goodyear, AZ
Apr 23, 2011

Prisoner's post, ASPC-Perryville: Losing Susan Lopez.


This came in last week from Perryville's San Pedro yard, where Susan was housed before being trucked off to court and returned to a medium custody yard, Santa Cruz, where she died...

Thanks from Susan's family go out to the prisoner who took the time to write this letter. Don't let the other women give up in there - help is on the way.


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


A Cry for Help...Silenced.











































Monday, March 14, 2011

Deaths in Custody: ADC February 2011.

The following individuals died in the custody of the Arizona Department of Corrections in the month of February, 2011.







Jeffrey Ortiz, 55, ADC #58963


Tony Jimenez, 85, ADC #69981





Ben Lopez, 37, ADC #110969




Our condolences to their friends and families.

Sunday, February 27, 2011

Wall Tappings: Voices from Perryville Prison.

("Who was Brenda Todd?" Arizona State Capitol/Wes Bolin Memorial Plaza, Phoenix. February 17, 2011)

I haven't received word from any of the AZ state prisons for a week now - which hasn't happened in months. I seem to be persona non grata at the ADC these days. I think they've stopped my mail from prisoners because I was encouraging people to fight for their rights and offering to help them gather evidence they aren't aware is out here for their 8th Amendment lawsuits. Either that or they think that I might be scheming a Georgia-style action or something (wouldn't think of it - prisoners aren't allowed to strike, anyway). In any case, I suspect they are not pleased with me.


Anyway, as some people know, state prisoner
Leona Nieves, who told Stephen Lemons all about Brenda Todd's death, was violated on her probation with the state the morning the article came off the presses, so to speak - before it was even on-line. She'd only been free for a few days. She's back at Perryville for another 3.5 years now for violating probation. Since I'm not getting my mail out of there, though, I don't know how she is.


I naturally wondered if the ADC tracked Leona down and had her PO dig garbage up on her as soon as we started making inquiries for records about Brenda's death that week - and made that allegation pretty directly, asking a couple of legislators to investigate. The ADC was no help in clearing that up for us (they're ignoring my emails, now, too - it's creepy), but the court records are all on-line now and I spent some time with them, as did Stephen. Here's the scoop, to the best of my understanding:


Leona had just done her time in prison on a DUI from LaPaz, but that offense was a violation of a 2009 probation she was on in Maricopa County from 2009...my math tells me she should have seen this coming, but I really don't think she did (or she would have probably tried to stay under their radar before going back in there). I doubt she expected the consequences to be so severe, in any case, since the probation was originally only for two years. She plead guilty and was on her way back to prison within four minutes of appearing in court...nice to know that judges put so much time and thought into sentencing before they chew up a piece of someone's life; she was probably just following the ADC PO's recommendations, though. Can't imagine why they came down so hard on Leona like that.


Anyway, since my communication with prisoners has apparently been cut off (I'll retract that one, too, if I'm wrong), let's try this: Renee, a courageous blogger at Jon's Jail Journal (awesome prisoner journal hosted by an ex-Tent City resident from Great Britain) happens to be a prisoner at Perryville in Goodyear, where Marcia Powell was killed, and where Brenda Todd just died. I'm posting the link to one of her latest pieces here, in which she comes out and talks about the loneliness of prison. Leave an encouraging comment for her; the Journal will get the word to her somehow, and she can let the other women inside know that folks are listening to them out here. It makes a huge difference.


I think this would be important because even if the ADC didn't target Leona for speaking out, all the women must know she was the one by now, and saw her come back in just days wearing orange and chains. For all I know they stopped writing about the conditions in there on their own, fearful of the possible consequences. Bottom line is that no matter our intentions, there's little we can do to protect them from the state if it really wants to hurt them, short of trying to bring their struggle to public light and asserting our expectations that their rights are to be respected. Knowing someone is bearing witness also makes resistance to one's oppressors stronger.


It would be especially cool if folks would write to Leona to thank her for going out on that limb that just got cut out from under her, since I don't know if my mail is getting in to prison, either. She wasn't picking fights with power, like I do, and probably doesn't want to be a "political" prisoner (which would kind of suggest she was a threat to the institution, which could restrict her movement and activities) - Leona was just trying to do the right thing by the women she thought she left behind. Just give her some credit for putting her name out there to give Brenda's death a real witness. Her address is:


Leona Nieves 259842
ASPC-Perryville

PO Box 3000

Goodyear, AZ 85395

Monday, January 31, 2011

Killing us softly: The Death of Brenda Todd.

For those of you who missed it in the Phoenix New Times last week...Thanks, Stephen, for following this.

Those women in Perryville are all in danger due to the gross medical neglect and cost cutting measures that we keep hearing about. If Brenda's family is out there reading this, please contact me: Peggy Plews (480-580-6807). I will help you connect with a good attorney. These people need to be held responsible, or nothing there will change.

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

Brenda Todd's Death: Did Arizona Department of Corrections Personnel Ignore Her Cries for Help?

Phoenix New Times
Stephen Lemons
Thursday, January 27, 2011

Like most death announcements from the Arizona Department of Corrections, the one for Brenda Todd, who died January 21 in custody at Goodyear's Perryville Prison, is spare and unemotional.

It relates that Todd, 44, was found unresponsive in her cell, that medical responders attempted to revive her, but were unsuccessful, and she was pronounced dead. It also indicates that her death is "under investigation" by ADC.

Since Todd's death, I've been in touch with several individuals who claim Todd pleaded for medical attention days before she was found dead, and that she even banged on the wall or door of her cell the night before her demise, asking for help.

Todd was doing 2.5 years for an aggravated DUI out of Pinal County. She was housed in Perryville's minimum security Santa Maria Unit.

One of her fellow prisoners at Santa Maria Unit was Leona Nieves, who met Todd while Nieves was doing a ten day stint for aggravated DUI.

Nieves, who was given supervised release on Sunday, January 23, remembers Todd complaining about chest and neck pains during the two or three days before her death. She also believes Todd was on medication for asthma.

On the yard, Todd would tell anyone who would listen of her ailments.

"She's like, `I'm having trouble breathing, I have chest pains, the back of my neck hurts,' Nieves recalled Todd telling her. "A lot of times, she would go to lay down, because she just didn't feel good. But...even that wasn't making her feel comfortable."

Nieves said Todd informed prison staff of her symptoms, and she was told to fill out the paperwork to see a doctor. Nieves said she believes Todd was supposed to see a doctor the day of her death.

This next part, Nieves did not hear directly, but only discovered second hand from other prisoners. However, I've also gotten reports second-hand repeating this charge from relatives of prisoners at Santa Maria Unit and from local prison rights activists.

"The girls were saying they could hear [Todd] pounding, asking for help," said Nieves of the hours before Todd was discovered dead. "That's when they overheard [a corrections officer] saying, `Go lay down, sleep it off.'"

If true, Todd's death could be eerily reminiscent in some ways of the infamous 2009 death of Marcia Powell, a Perryville prisoner left for four hours in a human cage in the blazing Arizona sun. Some witnesses said Powell pleaded for water but was rebuffed by corrections officers.

In the fallout from Powell's death, reforms were implemented by ADC, at least 16 ADC employees were either sanctioned or fired, and ADC ultimately submitted a more than 3,000 page report to the Maricopa County Attorney's Office, seeking indictments.

However, last year, the MCAO declined to prosecute any of those involved due to what it called "insufficient evidence."

Next of kin was located for Powell, her adoptive mother, but she declined to get involved.

Sure, Todd's death doesn't involve an outside enclosure. But the statements of Nieves and others raise serious concerns about how prison staff respond to inmates' basic needs, such as medical.

Todd was apparently a low-maintenance inmate, with absolutely zero disciplinary write-ups.

ADC spokesperson Bill Lamoreaux declined to comment on the allegations regarding Todd pending the outcome of ADC's investigation.

I also talked with ADC spokesman Barrett Marson, who explained that ADC will not be able to complete its investigation until the county medical examiner's report is in, and ADC will have no comment on the death until that time.