Wednesday, August 4, 2010

Suspicious Death In Maine State Prison

Another Suspicious Death in Maine State Prison’s Lockdown Unit
AUGUST 3, 2010

by James Ridgeway

Maine Attorney General Janet Mills reportedly will review the results of an investigation by the state police into the death of a prisoner named Victor Valdez, who died last November in the Special Management Unit (SMU) of Maine State Prison. While the Maine Department of Corrections says he died of natural causes, inmates who say they witnessed the incidents insist he was beaten and abused by prison staff, who also hindered him from receiving treatment for a serious medical condition.

Lance Tapley, who has written before about abuses in the SMU, published a lengthy article on Valdez’s death last week in the Portland Phoenix. As Tapley described the situation:

[Valdez] was a very sick man. His kidneys had failed, and he had required dialysis treatment several times a week for eight years, via a stent implanted in his arm. He also suffered from congestive heart failure, cirrhosis of the liver, and lung problems, according to court documents filed prior to his sentencing in 2009 to four years’ incarceration for a 2008 aggravated assault in Portland…While at the prison, which is in the coastal village of Warren, he received his dialysis at Miles Memorial Hospital in Damariscotta.

Various inmates described the treatment of Valdez in letters to the Maine Prisoner Advocacy Coalition, a group that actively opposes the abuse of solitary confinement in Maine’s prisons. One reason for the beating by guards, one letter said, was their anger at having to take Valdez to dialysis treatments at a nearby hospital early in the morning. An inmate named Jeff wrote to Coalition member Judy Garvey that staff had “ripped out” Valdez’s dialysis tubes in order to cart him off to the SMU for breaking a prison rule, “and he bled all over the place.” Another inmate named Joel Olavarría Rivera, a friend of Valdez, wrote to Garvey in Spanish (here translated by Eda Trajo of El Centro Latino in Portland):

I saw how the officers abused Victor Valdez. I saw the officers cover him with pepper spray and they took him away to check his blood pressure, and afterwards they put him back in the cell without cleaning the cell or him. When the officers put him back in his cell I could smell the pepper spray because it’s so strong. And Victor fell on the floor and he stayed like that with all that stink of pepper spray.

In 10 minutes they called code blue. When the medics came Victor was foaming at the mouth, which came from the pepper spray. They left the pepper spray on him and they didn’t clean it. I thought he was dead because he was a sick man and the pepper spray made it difficult to breathe. The next day they brought him back one room closer to mine, and he tells me that they didn’t want to take him to dialysis and that they forced him to sign a document that says he doesn’t want to go to dialysis. And he doesn’t read English and they don’t even translate for him. He can’t miss dialysis or he’ll die and therefore they’ve forced him to sign for his own death.

Shortly before his death, according to Garvey, inmates were ordered to return to their cells immediately. Valdez, who was hard of hearing and had limited English, did not respond right away. Other prisoners told Garvey he was then beaten and pepper sprayed. Valdez died less than a week later.

Initially Denise Lord, the Associate Corrections Commissioner, told the Bangor Daily News that Valdez had died of “medical causes in the hospital.” However, as Tapley points out:

[N]o state medical examiner looked at Valdez’s body, despite a prison protocol requiring the prison to notify the state police to see if they wished to investigate a prisoner’s death. The medical examiner’s office, part of the attorney general’s office, works hand in glove with the state police. The medical examiner’s office assistant told the Phoenix that Valdez’s death “didn’t meet our criteria” because he was “sick enough” to have died from natural causes. In such a case, a prison physician would sign the death certificate, she said. But who signed it and the cause of death listed is information unavailable to the press and general public, according to the state’s Office of Vital Records.

According to Tapley’s article, Valdez’ mother, at the time traveling out of the country, gave permission for his body to be cremated.

After Garvey and other prison reformers launched a campaign for an investigation, Attorney General Mills asked the state police to prepare a report on the causes of death. She is expected to announce the findings soon. In the meantime, Garvey has sought information from Associate Corrections Commissioner Denise Lord on the details surrounding the death.

.. Who certified Mr. Valdez’s death and at what date and time?
Lord: Medical information is confidential and we cannot disclose this to a member of the public without consent…


Tapley cites Paul Wright, editor of Prison Legal News, who told him that it is “quite common for prisons to cover up and restrict the info on prisoner beatings, deaths, etc., and it generally works quite well. . . . The use of laws on medical privacy to cover up wrongdoing is also fairly widespread.”

This is not the first suspicious death to take place in Maine State Prison’s SMU. The death of an aging prisoner named Sheldon Weinstein is referenced in Tapley’s article, and was also described here on Solitary Watch by former Maine State Prison chaplain Stan Moody.

http://solitarywatch.com/2010/08/03/another-suspicious-death-in-maine-state-prisons-lockdown-unit/

Sunday, August 1, 2010

California Inmates Abused And Have Rights Violated

'Daniel into the lion's den'

Another factor undermines the appeals process, according to prisoners and former officers: fear.

Edgar Martinez, back home after a recent term at High Desert, claimed that guards trampled his belongings and strip-searched him in a snow-covered yard. He said he watched guards provoke fights among inmates and tell others, "this 602 needs to go away or we're going to make your life a living hell." Afterward, Martinez said, he was too terrified to protest mistreatment.

In one 2007 case, said Edwards, the former lieutenant, several inmates were brutally beaten by guards and denied adequate treatment. None filed a complaint. "Nothing ever came of that incident. Not a damn thing," he said.

Inmates sometimes refrain from reporting abuse to avoid being shipped to other facilities. "There are staff who say, 'He's a pain, get rid of him,' " then transfer the prisoner to a location dominated by his racial or ethnic enemies, Cervantes said, "like Daniel into the lion's den."

Kernan defended the process for discovering and punishing misconduct, which includes independent oversight, court supervision and avenues for inmates and officers to complain anonymously to outside watchdogs.

The state Inspector General's Office closely monitors some investigations of serious lapses by staff, including excessive force, sexual misconduct and dishonesty. Last year it agreed with the prisons' handling of the vast majority of such cases.

Lee Seale, corrections deputy chief of staff, called that record "a departmental success story."

In 2009, 42 officers or sergeants were dismissed in misconduct cases involving prisoners. That total did not include those fired for granting prisoners special favors.

However, when officers caused moderate to severe inmate injuries – or deaths – discipline was relatively light. The Bee examined all 15 such episodes monitored by the inspector general in 2009, involving 32 officers. Eight were dismissed; most received small pay cuts or short suspensions.

In one case, an officer needlessly punched a prisoner in the head, broke his elbows and lied about it in reports. The penalty: a 12-day suspension.

An officer assigned to monitor inmates on suicide watch failed to do so and falsified his records. When he eventually did his check, he overlooked the fact that one prisoner was dead. He "also failed to notice a note the deceased inmate posted in a window on his cell door," the inspector general's report notes, "indicating his intent to commit suicide."

That officer's salary was cut by 10 percent for two years.

Such cases suggest that California prisons lack a workable process to impose reasonable discipline, said Elyse Clawson, a former correctional official in two states who served on Gov. Arnold Schwarzenegger's 2007 expert panel that examined the state prison system.

"You have to wonder," she said, "if there is a (prison) culture that assigns much value to what happens to inmates."



Read more: http://www.sacbee.com/2010/08/01/2928417/rights-of-prisoners-under-siege.html?mi_pluck_action=comment_submitted&qwxq=1387966#Comments_Container#ixzz0vPmSRZAl

Saturday, July 10, 2010

RESTRAINT_AND_SECLUSION Used In School

Nationwide, since 1993, at least 64 children died and thousands were injured while being restrained in face-down and other methods. About half of the restraints that caused deaths were unnecessary, a review of restraint deaths by Cornell University Residential Child Care Project found.

Cornell's trainers, who have worked with Parmadale, teach both the face-up and facedown techniques as a part of their Therapeutic Crisis Intervention system but warn neither is safe. Facilities choose which methods suit their philosophy. Some choose never to use restraints.

"Every single restraint assumes a certain level of risk, including death," said Michael Nunno, the project's principal investigator. "You never want your intervention to be more risky than what the child is doing."

According to the coroner's ruling, Faith was restrained after an "outburst of disruptive behavior."

Faith had been tossing things around her room and may have approached the staff aggressively, said Parma police and Parmadale officials.

That type of behavior alone is not enough to restrain a child, Nunno said.

Workers often get into power struggles with kids they supervise, especially if the atmosphere in the facility is chaotic. Staff involved in such struggles should remove themselves from dealing with the children, he said.

According to police records and other sources, the situation in Parmadale's Cottage 14, where Faith lived, was particularly tense.

In the days leading up to her restraint, several children escaped, one stole a car, a child-care worker was injured by a teen and -- just before Faith died -- another girl in the cottage was beaten so badly, she was taken to the hospital.

People can be trained and tested over and over, Mullen said, but in the heat of a situation, it's hard to maintain control of an agitated child who is struggling with staff.

"What people need to understand is that these are interactions between humans," he said.

Bellefaire JCB in Shaker Heights, which also treats troubled children, uses restraint as a last resort, said Jeffrey Cox, clinical director.

"For us, disruptive is not enough," he said. If a child were to punch a staff member and walk away, that would not be a restraint situation because the immediate danger would be over, he said.

When restraints are used, the child's vital signs are carefully monitored, and children are not left alone immediately after being restrained, Cox said.

Faith was allowed to rest on the floor after she was released from the restraint, and workers later discovered her breathing was shallow. Parmadale staff lacked access to life-saving measures such as an automatic defibrillator to try to restart her heart.

The number of restraint-related injuries in Ohio is unclear because no agency collects the data. Information about major incidents, such as deaths or serious injuries, is supposed to be reported to the agency or agencies that license a facility. But that information is not shared.

In 2006, the Ohio Association of County Behavioral Health Authorities, an umbrella group that includes county mental health boards, pleaded for the creation of a statewide system to report child injuries in facilities.

The report pointed out that thousands of restraint-related injuries each year, including rug burns, black eyes, bloody noses and broken teeth, are not required to be reported. It concluded that fear of liability and the potential of losing facilities, which are already in short supply, were reasons that reforms were not being pushed.

"We tinker around the edges, but nobody is biting the bullet and fixing this problem," Cheri Walter, CEO of the group, said at the time.

Asked this week if any changes had been made since the 2006 paper was printed, Walter said, "Frankly, nothing has changed."

But now, officials are facing the death of a 17-year-old.

"It's unfortunately taken kids' deaths to prompt these kinds of changes," Nunno said.


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

CBS 5 Investigates: School 'Quiet Rooms' Continue Advocates Push For Restraint And Seclusion Law Changes

http://cbs5.com/investigates/Quiet.Rooms.kids.2.898717.html (Click on the link to watch the video)

Reporting Anna Werner

SAN FRANCISCO (CBS 5) ― Holding school kids down to the floor or closing them in so-called "quiet rooms" are practices advocates say can have dangers for the children and should be reduced or even eliminated.

But they're still allowed under California law, despite those advocates' efforts.

Naomi Liron says of her son, "He came home with three big pinch marks on his arm."

Liron says her 11-year-old son Reuben sustained injuries at school, like bruises on an arm, a rug burn on his face and emotional pain.

"He was depressed, very anxious and very depressed," says Liron.

Diagnosed with conditions including bipolar disorder and ADHD, Reuben attended the private Lincoln Child Center in Oakland, a school for children with special educational needs, for five years.

But his mother says it wasn't until earlier this year that she reallyunderstood what was happening with Reuben.

"I cried, when I read the incident reports," Liron said.

Those incident reports show how center staff at times restrained Reuben on the floor, in one report, holding him down for "ten minutes" after he misbehaved.

And on other occasions, how staff closed him into the "quiet room", where they noted he was "banging" and "ramming his body against the door."

In one report, a therapist wrote that he pleaded with her before being put in the room, "I love you, don't leave me, don't hurt me."

His mom says, "That's the one I cried the most about, because he's so desperate, and he's so scared."

Lincoln Child Center declined an on-camera interview about the case, citing confidentiality. In a statement, it says its ultimate goal is to keep children safe.

And under California law, restraining and even keeping children in those quiet rooms can be legal.

Which is why attorney Maggie Roberts, with Disability Rights California says, "I have great concerns."

Roberts is working on Reuben's case for Disability Rights California (formerly Protection and Advocacy).

According to Roberts, "They are reporting things that show that a child is very traumatized, and yet they continue to do it."

And a CBS5 investigation found similar incidents reported in schools across California and around the nation, in both public and private schools. Children have been locked in closets, or restrained, one even tied down with duct tape.

So last year, Roberts' group tried to change California law to limit those practices, and eliminate seclusion entirely. But Governor Arnold Schwarzenegger refused to sign the bill authored by Senator Sheila Kuehl.

The governor said the bill could stop school employees "from intervening in an emergency and place more students at risk."

But disability rights' Leslie Morrison says:

"By vetoing the bill and allowing these practices to continue we have put teachers and students at great risk."

Morrison says her group is looking into still more cases even now, like that of a 12 year old girl held repeatedly in asmall room with bare walls and no windows in San Diego and an injury sustained by a 9 year old boy on his backside, after being dragged by a classroom aide in a district north of Los Angeles.

http://www.caica.org/RESTRAINT_AND_SECLUSION_CAICA.htm

Friday, July 2, 2010

Stop Prison Rape

As you read these two personal accounts below, keep in mind that we can put this terrible and illegal practice to an end. --Lovisa Stannow, Executive Director, Just Detention International

***

by Kimberly Yates:
I spent about 15 years in state and federal prison on drug charges. In 2004, I was at the Federal Detention Center in Philadelphia where I was repeatedly sexually assaulted by Officer Theodore Woodson.

I was manipulated by this officer, and he forced me to have sex with him on several occasions. What he did to me was inhumane and has stayed with me ever since - rather than let it tear me down, I have taken the opportunity to speak out and educate others about the serious crisis of sexual violence in our nations prisons and jails.

Officer Woodson would take me to the warehouse in the basement of the detention center, and that is where he raped me. After the first time, he told me that if I ever told anybody that he knew where my family lived,where my children lived, threatening to hurt them. I was afraid for myself and my family, so I did not say a word to anybody. He would repeat this threat every time he would attack me.

The final time he raped me, I was badly injured and needed to go to the emergency room. I was bleeding and hemorrhaging - and the medical report identified that I had been raped. When I informed the captain of what happened, fortunately he believed me, and he had Officer Woodson escorted out of the facility.

The captain's response was crucial - if he had refused to believe me, or even blamed me, the situation could have turned out very different. It is really important that any standards you issue include clear measures about officials' responsibility to report incidents of sexual abuse, to take such violence seriously, and the development of clear steps to be taken to initiate an investigation. I believe that these points are well addressed by the standards proposed by the National Prison Rape Elimination Commission, and I encourage you to draw on their expertise rather than duplicate their efforts.

Eventually, I found out that Officer Woodson had preyed on at least four other women, and that another inmate had reported his conduct more than a year before he raped me. A family on the outside had written to BOP to ask them to investigate this officer. But BOP did nothing - they swept it under the rug.

After my report, BOP finally conducted an investigation. Because I had the courage to tell my story, several other women whom he had sexually assaulted came forward as well. They were too afraid to say anything before then. Three of us were transferred to another facility (FPC Alderson), where we did not get the proper follow-up care that we needed.

The counselor I was assigned was not helpful. I don't think the staff at Alderson took the assault seriously. In fact, some staff made comments to us about what happened with Officer Woodson - they wanted to scare us, intimidate us, make us feel bad for reporting the abuse.

I don't think those officers should have been able to access our files in any way. It is really important that any information related to a sexual assault not become common knowledge. Since they knew about this, many of the staff treated us badly because we had reported on another officer, and that is not right.

The recommendations you are reviewing also address these issues: keeping sexual assault information on a need-to-know basis and giving victims proper follow-up care. This violence is extremely traumatic, and victims need to receive, or at least be offered, counseling to help them heal. Corrections facilities should work with outside rape crisis agencies to make their services available to inmates. And corrections mental health staff need specialized training in providing support to victims of sexual abuse in detention.

I wonder if I had not spoken up, would Officer Woodson still be there? Would he still be abusing women? The BOP was the entity that was supposed to keep me safe. I was supposed to serve time for the crime I committed, not be raped. How many women could the BOP have spared if they had taken notice of what they were told?

Officer Theodore Woodson was eventually charged criminally. He pled guilty to felony counts of engaging in sexual acts with three women inmates and received only a four month jail sentence and three years of probation. At first I felt a lot of anger because of that -- I felt that he got a lesser sentence because we were prisoners and did not have rights. But the truth of it is that he could have gotten life in prison and it would not have taken away from the pain I was left with because of what he did.

What makes my case especially alarming is the fact that the BOP was put on notice about this officer but continued to allow him to work in that position, knowing what he had done and that he could do it to someone else. The standards must address this. Reports that an officer is abusive - even from an outside source like the inmate's family in Woodson's case - must always be taken seriously with a full investigation and real repercussions. If earlier reports of his abuse had been acted on, my rape could have been prevented.

The memory of the assault will ever go away for me, but I have decided how to deal with it. Some of the women involved in my case have a hard time dealing with the trauma - they feel scared and mistrustful, they blame themselves for what happened. We never asked to be raped and I know now that it is not our fault. Even if I was incarcerated, I was still a human being, I still had feelings, I still could get hurt.

I could choose to move on or let it kill me, and I chose to move on. I started my own business when I got home. I have had support from my attorney. My probation officer is one of the fairest, most respectable men, and he has made things easier by being someone that I can call.

The trauma of this experience has caused me serious harm. I developed an eating disorder and other problems. I experienced loss of self-esteem, loss of self-confidence, guilt, and shame. It took something from me that I can never get back. The worst part is it could have been prevented.

***

by Bryson Martel:

While I was in an Arkansas state prison, I was raped by at least 27 different inmates over a nine month period. I don't have to tell you that it was the worst nine months of my life.

In 1991, I was sentenced to six years in prison on a probation violation. I was originally convicted of forging a check to buy crack cocaine. When I went to prison, I was young, skinny, and bisexual. I was scared to death.

As soon as I got there, inmates started acting like they were my fi-iends so they could take advantage of me. They jumped on me and beat me. Within two weeks, I was raped at knifepoint.

Being raped at knifepoint was the worst thing I could ever imagine. The physical pain was devastating. But the emotional pain was even worse.

I reported the rape, and was sent into protective custody. But I wasn't safe there either. They put all kinds of people in protective custody, including sexual predators. I was put in a cell with a rapist who had full-blown AIDS. Within two days, he forced me to give him oral sex and anally raped me. I yelled for the guard, but no one came to help me. I finally had to flood the cell to get a guard to come.

Because I was raped, I got labeled as a "faggot." Everywhere I walked, everyone looked at me like I was a target. It opened the door for a lot of other predators. Even the administrators thought it was okay for a "faggot" to be raped. They said, 'Oh, you must like it.' No one wants to be raped. No one likes being violently attacked.

I documented the abuse, I filed grievances, I followed all of the procedures to report what was happening to me, but no one cared. They just moved me fi-om cell to cell. This went on for nine months. I went through nine months of torture - nine months of hell - that could have been avoided.

In August, I started bleeding really bad from the rectum. I didn't want to go to the infirmary, because I was still so ashamed about what had happened to me, but I had to. They gave me a test, and that's when I got the devastating news. I was HIV-positive. I felt suicidal. I felt like my world had come to an end. I cried and cried. I felt ashamed, embarrassed, degraded, and humiliated. I haven't forgotten those feelings. There isn't a day that goes by that I don't think about this.

Finally, I was placed in a cell by myself in administrative segregation. The only way I could stay safe was to deliberately disobey the rules so I could get away from my predators.

Eventually, I was interviewed by an investigator from the State Folice, and I made a report of every assault I survived in prison. I had to list all the inmates who sexually assaulted me, and I came up with 27 names. Sometimes just one inmate assaulted me, and sometimes they attacked me in groups. It went on almost every day for the nine months I spent in that facility.

In 2002, I was diagnosed with full-blown AIDS. I can't even count how many medications I have to take every day. I can't do a lot of things I used to do. I moved from Arkansas to Michigan to be closer to my family. I wanted to get to know my family before I die.

The amount of trauma and pain I have endured cannot be put in dollars. I'm not able to work. I collect disability. Fighting for my life is my full-time job. They took my life, but they didn't take my ability to live my life.

Everything that happened to me could have been avoided if the prison was accountable for inmates' safety. Standards are needed to protect people like me. Prison officials mix all kinds of inmates together in dormitories and cells. They need to screen inmates so that vulnerable people don't get thrown in with mass murderers. I was a small, non-violent, bisexual, first-time offender. If Classification had done its job, I never would have been placed with violent predators.

I know I had to pay the price for what I did, but I've paid double price. That check I wrote cost me my life. Every day I wake up and I'm just grateful that I'm still here. I've already accepted that I'm going to die, but before I do, I want to see justice in the prison system. The only way to help me now is to put an end to rape in prison.

Learn more about how you can help prevent prison rape at Just Detention International.

http://www.alternet.org/rights/ 147303/the_ brutal_horror_ of_prison_ rape,_as_ told_by_its_ victims

Wednesday, June 30, 2010

Inmate Dies In Prison From medical Neglect

I have started coping each one of these stories & am going to each month send my articles to the White House. Praying some one soon will do something about the abuse & neglect in all of our states prisons & jails* God Bless you & your Loved loves locked behind bars* Gellybean*





Story>>>

Sun 27, 8:36 PM EDT


Ill. inmate died in agony while pleading for help

By DAVID MERCER
Associated Press Writer





PEKIN, Ill. (AP) -- For days before he died in a federal prison, Adam Montoya pleaded with guards to be taken to a doctor, pressing a panic button in his cell over and over to summon help that never came.

An autopsy concluded that the 36-year-old inmate suffered from no fewer than three serious illnesses - cancer, hepatitis and HIV. The cancer ultimately killed him, causing his spleen to burst. Montoya bled to death internally.

But the coroner and a pathologist were more stunned by another finding: The only medication in his system was a trace of over-the-counter pain reliever.

That means Montoya, imprisoned for a passing counterfeit checks, had been given nothing to ease the excruciating pain that no doubt wracked his body for days or weeks before death.

"He shouldn't have died in agony like that," Coroner Dennis Conover said. "He had been out there long enough that he should have at least died in the hospital."

The FBI recently completed an investigation into Montoya's death and gave its findings to the Justice Department, which is reviewing the case. If federal prosecutors conclude that Montoya's civil rights were violated, they could take action against the prison, its guards, or both. A Justice Department spokesman declined to comment, saying that the matter was still being investigated.

The coroner said guards should have been aware that something was seriously wrong with the inmate. And outside experts agree that the symptoms of cancer and hepatitis would have been hard to miss: dramatic weight loss, a swollen abdomen, yellow eyes.

During Montoya's final days, he "consistently made requests to the prison for medical attention, and they wouldn't give it to him," said his father, Juan Montoya, who described how his son repeatedly punched the panic button. Three inmates corroborated that account in interviews with The Associated Press.

The younger Montoya was taken to the prison clinic one day for "maybe five, 10 minutes," his father said. "And they gave him Tylenol, and that was it. He suffered a lot."

The federal prison in Pekin will not discuss Montoya's death. Prison spokesman Jay Henderson referred questions to the Bureau of Prisons, which denied an AP request for information on Montoya's medical condition, citing privacy laws.

It isn't clear whether the prison system, relatives or even Montoya himself knew the full extent of his illness. Montoya's father had no idea his son had cancer or hepatitis. Inmates who knew him said he told them he had cancer, but they knew nothing of his HIV.

According to its website, the Bureau of Prisons tries to screen the health of new inmates within 24 hours of their arrival. A closer examination within two weeks is required for prisoners with serious, long-term illnesses. But officials have not said whether Montoya was given any kind of exam or whether his medical records made it to Pekin.

Montoya pleaded guilty in May 2009 to counterfeiting commercial checks, credit cards and gift cards. Prosecutors will not say how much money was involved in the scheme, but Montoya was ordered to pay a little over $2,000 in restitution.

Montoya, who had a history of methamphetamine abuse, was released while awaiting sentencing and was ordered not to use drugs. At the time, he was living with his father and working for his father's process-serving business, which delivers legal documents. His father said he was paying Montoya's bills and paying him about $300 a week.

Then in mid-June, Adam Montoya was diagnosed with HIV.

"It hit him like a ton of bricks," his father said.

After the diagnosis, Montoya retreated back into methamphetamine. Following a urine test, he admitted using the drug three times in a month, and he was locked up.

Montoya began taking antiviral drugs, so his father still had hope and tried to give his son a sense of the same. "I thought, 'You'll get out. You'll get your probation, and you'll have years of life," the elder Montoya said.

In mid-October, Montoya was sentenced to two years and three months in prison. When he arrived at a federal prison transfer center in Oklahoma City, his medication was waiting for him. His father took that to mean that the prison system knew Montoya suffered from HIV.

Montoya arrived at the Pekin prison on Oct. 26. He lived just 18 more days. The inmates around him say he spent much of that time pleading for help from his cell.

Prison staff told Montoya he had the flu, according to Randy Rader, an inmate in the next cell who wrote letters to his mother about Montoya and discussed him in an e-mail interview with the AP.

"That man begged these people for nine days locked behind these doors," Rader wrote to his mother on Nov. 14. The letter was first obtained by The Pekin Daily Times, which wrote about Montoya's death earlier this year.

Rader has since been moved to a prison in California - far from his family in Michigan. He suspects the move was retaliation for speaking out about Montoya.

The last time a staff member visited Montoya, about 10 p.m. on Nov. 12, he reported having trouble breathing and complained that he could no longer feel his fingers, Rader said in the e-mail interview. The staff member told Montoya that he would try to get help the next day.

Around 6:30 a.m., prison officials found Montoya's body in his cell.

The autopsy showed that Montoya's spleen was almost 10 times the normal weight because it had been engulfed by a cancerous tumor, which was on its way to doing the same with his liver.

The pathologist who examined Montoya's body said his eyes were also yellow - an unmistakable sign of hepatitis. Dr. John Ralston is reluctant to speculate whether treatment could have saved Montoya's life by the time he reached Pekin. The doctor suspects he would have needed a liver transplant to have a chance.

That said, "You would think that he would have been feeling bad enough and complaining enough that somebody should have tried to get to the bottom of this," Ralston said.

The AP sought opinions about Montoya's condition from other doctors who did not examine him but were familiar with his diseases. They agreed he probably displayed obvious signs of distress.

Montoya would have had a swollen abdomen because of his spleen. At the same time, he probably was losing weight rapidly because the large tumor would have left little room in his belly for food, according to Dr. Krishna Rao, an assistant professor of oncology at Southern Illinois University Medical School in Springfield.

Someone in Montoya's condition should have been taking heavy doses of chemotherapy for his cancer or receiving stem cell transplants, if he were healthy enough, said Dr. James Egner, an oncologist with the Carle Foundation Hospital in Champaign.

If the cancer was too advanced, Montoya should have at least been treated for pain with powerful drugs, possibly in a hospice, Egner said.

The president of the American Civil Liberties Union's National Prison Project said it isn't uncommon for medical records not to arrive with a federal inmate.

"Sometimes it arrives late, and sometimes it doesn't happen at all," said David Fathi, who has spent 15 years studying prison conditions. "That's why it's so critical that the new facilities do a medical screening" of new inmates.

Fahti said Montoya's death "is really an egregious failure, of the kind that you wouldn't expect from even a small county jail, let alone the largest prison system in the United States."

After his son's death, Juan Montoya wrote to the prison complaining about its medical care. Warden Richard Rios wrote back to defend his institution.

"I must respectfully disagree with your characterization of the medical care Adam received and want to assure you that we carefully monitored you son's medical condition," wrote Rios, who was not hired for the job until months after the death. He did not elaborate, writing that privacy laws limited what he could say.

The elder Montoya is now waiting for his son's medical records, but he doubts they will offer many clues. The family has hired lawyers but has not decided whether to file a lawsuit.

Montoya thinks a lot now about the assurances he offered his son as he headed for prison.

"Your time will go by fast, and you'll get out, and we'll get you a job and be part of the family," Montoya recalls telling his son. "It never happened."

http://hosted.ap.org/dynamic/stories/U/US_INMATE_DEATH_IN_AGONY?SITE=MOSPL&SECTION=HOME&TEMPLATE=DEFAULT

Saturday, June 12, 2010

June 2010 Update On Jamie Scott

Mrs. Rasco arrived in Mississippi yesterday for a visit with Jamie today
and one with Gladys tomorrow, yet was told once she arrived at the
prison today that she and her granddaughter had on open-toed shoes
and were not permitted in. They had to leave the prison and purchase
closed-toe shoes to even get into see Jamie after all of that travelling.
She was also told that she would not be permitted to see Gladys
at all tomorrow because she is NOT on Glady's visitation list!!
She has been on Gladys' visitation list for 15 years and visited she
and Jamie recently. This is unconscionable and pure harassment,
and the family and Gladys are extremely hurt and disappointed.

Jamie was feeling and looking better today and told her mother that
she is getting better medication, although she did state that she feels
her body is changing and deteriorating slowly. She has unresolved
chest pains that come and go and have not been evaluated. She's
very, very grateful to all of the supporters for all that is being done!

The conditions in the Quick Bed unit where she is housed are horrible.
This unit is the worst place in the prison, no one even goes back there
except those that work there. It is in the back of the prison and there
are also men housed back there. When it rains, the water pours into
the unit and they all have to mop up the water. Water leaks around
Jamie's bed and electrical socket and she is worried about getting
sick or even electrocuted. The toilets still have major plumbing
problems and overflow. Mold is also still an issue on the unit.

The Board of Health needs to go into the prison and get these
problems addressed once and for all, Jamie's health is tenuous as
it is! On April 16, 2010 , Mr. Jeffrey Brown of the Board of Health
stated that the mold, sewage and spider infestation at CMCF/quickbed
would be taken care of but only the insect infestation has been
addressed.

Jeffrey Brown - Jeffrey.Brown@ msdh.state. ms.us
Mac Arthur Washington - Macarthur.Washingto n@msdh.state. ms.us

Central Office Phone
601-576-7400 (8am-5pm)
Agency personnel are available 24 hours a day, 7 days a week in public health emergencies.

Juveniles Abused While In State Facilities

The girls at the Mississippi detention center were tied up for weeks at a time. Minor offenders, some as young as 13, were cuffed and chained when they ate or used the bathroom. In the words of Erica, a 16-year-old detainee, it was a place that ‘made you feel like you were nothing.’

The boy was beaten and restrained by guards on his first day at a juvenile boot camp in Northwest Florida, suspected of faking an illness to avoid exercise. Martin Lee Anderson died from his injuries early the next day. He was 14.

David Burgos spent much of his young life running away from abusive group homes. One of the estimated 80 percent of juvenile offenders who suffer from a recognizable mental health disorder, the bipolar 17-year-old was arrested in 2006 for a probation violation related to a minor theft charge. After four months at Connecticut's Manson Youth Institution without mental health care, David hung himself with a bed sheet.

According to the most recent data from the Office of Juvenile Justice and Delinquency Prevention, nearly 80,000 people under the age of 18 are held in juvenile detention and residential facilities around the United States each day. To juvenile justice advocates across the nation, the stories above are all too common in a system where punitive policies increase recidivism and exacerbate juvenile crime. “ (Juvenile Junction- By Will Di Novi September 15, 2008)
http://www.manipulatedtrial.de/Letter%20to%20my%20Friends%20III%200809.pdf