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, Jessie B.

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. If you are in need of additional assistance fighting the prison industrial complex in Arizona - or if you care to offer some aid to the cause - please contact the Phoenix Anarchist Black Cross at PO Box 7241 / Tempe, AZ 85281.

until all are free -

MARGARET J PLEWS (June 1, 2015)


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Thursday, March 8, 2012

Arpaio's Deaths in Custody: Misogyny back on trial.

This guy Vogel - who should have been taken by the cops to the psych hospital, not to jail, died over ten years ago after fighting off a bunch of guards trying to dress him in pink - and yet they still do this kind of thing to frightened, vulnerable, mentally ill prisoners today.  Apparently when this case first went to court, his trauma from that incident wasn't really fully explored - the 9th Circuit Court seems to think that the use of the pink underwear is indeed abusive, however, and relevant, so it's being returned to the lower courts for a new trial - with Arpaio as the defendant. As articulated by Justice Noonan:
 "Unexplained and undefended, the dress-out in pink appears to be punishment without legal justification," he wrote. "It appears to us that this question is still open for exploration at trial on remand."

To use the color pink - long associated with the feminine - as  a means of humiliating male prisoners is pathetic and disgusting and says a lot about not just Arpaio's homophobia and hate for people who are gay/transgender/queer, but his deep contempt for women in particular. How can women with any political awareness at all justify allowing Arpaio and the MCSO to continue like this?
I have a hard time understanding how the women in this state - Republicans and Dems alike - have tolerated Arpaio's misogyny for so long - much less why so many vote for him - except that the women here have been very well-trained to comply. Women's rights organizations in Arizona who aren't actively working to end mandatory the pink underwear in the county jail are as much a part of the problem as Sheriff Joe himself is - they should be supporting this suit. The use of pink - the feminine - as something to abuse people with is not a petty issue - it's a symptom of the toxic attitudes towards people (not just prisoners) that defines the MCSO's culture, and it's killing folks.
For those interested, by the way, the actual court opinion on this is linked to at the bottom of the article. Interesting read. Maybe this guy will be the one responsible for reining in Arpaio's expressions of hate in his policies, anyway, even though it sure won't change the man.
"Corrupt Joe"
Wells Fargo/Arpaio HQ
June 7, 2011

-------from the Courthouse News Service (great resource)-----

March 7, 2012

(CN) - The 9th Circuit ordered a new trial Wednesday in the case of a schizophrenic Arizona man who had a fatal heart attack weeks after he was forced to put on pink underwear in Sheriff Joe Arpaio's notorious county jail.

     Maricopa County authorities stopped 36-year-old Eric Vogel in 2001 while looking for a burglar in his Phoenix neighborhood. Vogel, who had a lifelong history of mental illness and social isolation, had left the home he shared with his mother that morning for the first time in years. When the officers questioned him, he struggled, shouted "kill me" and said he needed to talk to the president. The deputies arrested him and booked him in Arpaio's jail for assaulting a police officer. Vogel was transferred to the psychiatric unit after he told a psychologist that he was at the World Trade Center and getting messages from satellites, but not before being subjected to a "dress-out" in which four officers forced the struggling inmate to change into pink underwear and other jailhouse garb.

     Arpaio famously requires of all Maricopa County Jail inmates to wear pink underwear.

     Vogel spent a week in the unit before his mother bailed him out. A short time later, he was in his mother's car when she had a traffic accident. Police at the scene warned Vogel that there was a warrant out for his arrest for spitting on an officer during the "dress-out." Vogel left the scene and ran for approximately 5 miles. He died the next day of acute cardiac arrhythmia.

     Vogel's mother sued Maricopa County and Arpaio for violating federal civil rights law and other statutes, including the Americans With Disabilities Act. Yavon Wagner, Vogel's sister, stepped in as the plaintiff when her mother died shortly before the trial.

     Vogel allegedly thought he was being raped by the officers, and that they were dressing him in pink underwear as some sort of preparation for a "gang rape." Vogel had been obsessed with the humiliating jailhouse incident, and that the lingering trauma of the dress-out had contributed to his death, according to the complaint.

     At trial, however, Senior U.S. District Judge Earl Carroll barred Wagner from testifying about her brother's state of mind, finding it hearsay. He also prohibited mention of "rape," "gang rape," and "pink underwear," finding no evidence that Vogel had known the underwear he was forced to wear was indeed pink. The court also limited expert testimony as to the possible effects of the dress-out and about an alleged connection between schizophrenia and cardiac arrhythmia. At the trial's end, "the District Court abruptly eliminated the plaintiff's opportunity for rebuttal argument," according to the ruling. A jury found for the defendants.

     But the 9th Circuit voted 2-1 on Wednesday to reverse the verdict and order a new trial. The San Francisco-based panel found that the lower court had committed a fatal error by limiting the plaintiffs' testimony, and had done so again by refusing to consider the psychological implications of pink underwear.

     "Indisputably, Wagner could have testified at trial about the impact the jail incident had on Vogel, how his mood was following the incident, how disturbed he seemed, and even what he thought happened to him during the incident, all without putting inadmissible hearsay before the jury," Judge John Noonan wrote for the majority. "None of this testimony would have been put forth in order to establish the truth of what he had said. Wagner proposed to testify about how extremely delusional Vogel was following the incident, and more importantly, the emotional impact the incident had on him, including how humiliated he now felt by the pink underwear. She was not asserting the truth of anything that Vogel said had happened to him in jail."

     Because of the "symbolic significance" of the color pink in American culture, the jury should have been permitted the jury to consider the "impact of the dress-out on Vogel apparent from his conversation with his sister," the panel found.

     "When a color of such symbolic significance is selected for jail underwear, it is difficult to believe that the choice of color was random," Noonan wrote. "The county offers no penalogical reason, indeed no explanation whatsoever for its jail's odd choice. Given the cultural context, it is a fair inference that the color is chosen to symbolize a loss of masculine identity and power, to stigmatize the male prisoners as feminine."

     "That Vogel was delusional does not mean that he was incapable of seeing," Noonan added. "If you pricked him, he bled. Just as his eyes saw the pink, so his mind made the association of the color. So at least a jury could infer from the impact of the dress-out on Vogel apparent from his conversation with his sister."

     Noonan suggested further that the District Court may want to consider the legality of Arpaio's underwear rules on remand.

     "Unexplained and undefended, the dress-out in pink appears to be punishment without legal justification," he wrote. "It appears to us that this question is still open for exploration at trial on remand."

     Writing in dissent, Judge N.R. Smith argued that the majority had failed to "correctly construe the hearsay rule," and had neglected to give "the proper deference to the District Court's other evidentiary rulings."

     Neither John Curtin, who represented the plaintiffs, nor Maricopa County's attorney, Eileen GilBride, could be immediately reached for comment.

 Link to Court Opinion

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