PHOENIX (By John Dickerson, New
Times) December 20, 2007 — The
assault on New Times began in
2004 when the paper published
Sheriff Joe Arpaio's address as
part of an investigation into
his hidden commercial real
estate transactions. Arpaio
demanded that the newspaper be
prosecuted under an arcane
statute that makes it illegal to
publish law enforcement
officers' addresses in
cyberspace, even though that
data is readily available on
government web sites and is
perfectly legal to publish on
newsprint.
Thomas responded by appointing a
special prosecutor, who demanded
not only the records and e-mails
of the paper's writers and
editors — but also sought
sensitive information on the
Internet-viewing habits of our
readers. On October 18, New
Times published a cover story
revealing the invasive
subpoenas.
That story violated grand jury
secrecy statutes, but the
revelations in the article,
compounded by the subsequent
arrest of Village Voice Media
Executive Editor Michael Lacey
and CEO Jim Larkin, sparked
public outrage. County Attorney
Thomas fired the special
prosecutor and dropped all
charges. He also abandoned the
Arpaio-inspired probe of the
paper.
As
the smoke began to clear, this
newspaper began a series,
"Target Practice." The project
sprang from a fundamental
question: Why did law
enforcement — the sheriff and
the county attorney — believe
they could force a newspaper to
reveal the identities and habits
of the publication's readers?
Our investigation has made one
thing clear: Maricopa County's
sheriff has a vivid history of
ignoring the Constitution and
the Bill of Rights. He's
trampled the rights of
prisoners, political enemies,
and media critics. In
partnership with the county
attorney, the pair have expanded
their enemies list to include
the judiciary and immigrants.
Private citizens and their
Internet-viewing records were
merely the latest victims in a
long line.
"Target Practice" seeks to
explain how we arrived at this
moment.
Like most attorneys, Kathleen
Carey leads a busy life. So she
didn't take much time to examine
what looked like a pimple on her
arm. Twelve days later, Carey's
arm had ballooned to nearly
twice its normal size, and pus
was oozing from a boil where the
zit had been.
After $180,000 in medical bills,
four doctors, and two hospitals,
Carey learned that the supposed
pimple was actually the
flesh-eating "superbug" bacteria
commonly known as MRSA staph
infection. You may recognize
MRSA from recent news reports,
following a study concluding
that more Americans die each
year from antibiotic-resistant
MRSA infections than from
HIV/AIDS.
MRSA commonly spreads through
hospitals, but Carey hadn't been
to a hospital or doctor for
months before her infection. So
where did she get the
potentially fatal infection?
Carey says she knows exactly
where she got it — the Maricopa
County Jail. She wasn't there as
an inmate, but as an attorney
visiting her client. She was
used to inmates complaining
about skin infections. Then one
day after her visit, Carey
noticed the zit. Two weeks
later, she was in the hospital
with an IV in her arm. Now, more
than a year after her
hospitalization, she still has a
scar from the ordeal.
The damage didn't stop there.
Once Carey learned about the
deadly and contagious nature of
MRSA infections, she paid to
have her home professionally
cleaned. Everything was
sanitized, she was told.
Two months after Carey's battle
with MRSA, her 17-year-old son
asked to use her computer.
Within 48 hours, he contracted
the same strain of MRSA. Even
with the family's early
detection and knowledge about
MRSA, he nearly lost his arm to
the aggressive flesh-eating
bacteria. He now has a two-inch
scar where the infection began.
Carey is one of many Maricopa
County residents who've never
been booked into Sheriff Joe
Arpaio's jails but who are
paying dearly for conditions
inside his lockups.
Vermin, filth, medical care
suggestive of POW camps, chronic
mismanagement, the wanton
destruction of records, and a
steady parade of corpses in
Maricopa County jails have cost
taxpayers an astonishing — and
until now, undisclosed — 41.4
million dollars.
Joe Arpaio has perpetuated his
reign as "America's toughest
sheriff" with an open checkbook.
Your open checkbook.
The Sheriff has captured the
imagination of voters with his
almost cartoonish contempt for
the prisoners in his charge.
He's subjected inmates to pink
underwear, chain gangs, and
rancid bologna sandwiches, and
he's garnered big wins at the
polls. But Arpaio's jail
policies have generated a
tsunami of lawsuits from
prisoners and their families.
There simply isn't another jail
system in America with this
history of taxpayer-financed
litigation.
New York City, Los Angeles,
Chicago, and Houston, for
example, collectively housed
more than 61,000 inmates per day
last year. From 2004 through
November of this year, these
same county jails had a combined
43 prison-conditions lawsuits
filed against them in federal
courts.
In
the very same three-year time
frame, despite housing a mere
9,200 prisoners per day, Sheriff
Arpaio was the target of a
staggering 2,150 lawsuits in
U.S. District Court and hundreds
more in Maricopa County courts.
With a fraction of the inmate
population, Arpaio has had 50
times as many lawsuits as the
New York, Los Angeles, Chicago,
and Houston jail systems
combined.
Based on records produced under
the Freedom of Information Act,
a review of federal and state
records and a comparison with
other correctional facilities,
the picture that emerges is
clear: Cruelty costs.
Maricopa County Sheriff's Office
spokesman Paul Chagolla refused
to arrange an interview with
Arpaio for this story.
Earlier this month, the front
pages of local daily newspapers
were dominated by stories about
the sheriff exceeding his budget
by a million dollars. The
courthouse was shuttered for a
day. Positions were slashed, and
visiting hours for attorneys and
court personnel were cut
drastically. Naturally, that
meant another lawsuit (Arpaio
lost and has appealed).
County taxpayers have footed an
undisclosed fortune to sustain
Arpaio's image as a tough
lawman. The $41.4 million
taxpayers coughed up to insure
for, defend, or settle lawsuits
is just the edge of the cesspool
— one result of inhumane
conditions that have long made
Arpaio's jails the target of
investigations from both the
federal government and advocates
like Amnesty International.
Arpaio has an 11-year history of
ignoring expert warnings
his jails violate basic tenets
of the U.S. Constitution and
threaten life and limb. At least
11 inmate deaths have directly
resulted from Arpaio's refusal
to heed such warnings.
In
that time, the deductible for
the county's insurance policy to
cover lawsuits against the
sheriff has jumped from $1
million to $5 million. The
annual premium has quadrupled in
recent years. These dollars come
out of the county's coffers, not
from Arpaio's annual budget of
$288 million, which he's already
overrunning this year.
And which is $60 million more
than the sheriff budget in a
county jail of similar size in
Houston.
While the sheriff has long
argued his crude jails
prevent crime, a study his
office commissioned, and
cost $20,900, found Arpaio's jails have no effect on
inmate recidivism.
Despite the cost, the primary
victims of Arpaio's
mismanagement are not taxpayers,
or even attorneys like Kathleen
Carey, but indigent inmates like
Michelle McCollum.
McCollum, who was arrested for
drug possession, could not make
bail and, therefore, waited for
trial in Arpaio's lockup. She
eventually was sentenced to
nothing more than probation.
A
medical test administered when
McCollum was admitted to jail
confirmed she was pregnant.
On
August 22, 2005, McCollum sat on
the concrete floor of the Fourth
Avenue Jail, a facility
un-affectionately known by
inmates as "The Matrix" (because
the lights never turn off). She
longed for a mattress and tried
hard to overlook rotting
food and soiled feminine napkins
on the floor.
Suddenly, two inmates attacked
her, pummeling her face, back,
and abdomen.
McCollum and another cellmate
reported the beating to
detention officers, pleaded for
medical help, and reminded
deputies McCollum was
pregnant and had been hit in the
stomach. McCollum also put in a
medical request to the
infirmary.
No
doctor or nurse looked in upon
the injured McCollum.
Two days later, McCollum sat in
the courthouse, chained to a row
of inmates, when she started to
bleed. She bled for five hours,
looking frighteningly like
Stephen King's infamous Carrie.
The inmates chained to McCollum
to await their arraignments
began to complain. Detention
officers ignored the prisoners.
When she arrived at the E-Pod in
Sheriff Arpaio's Estrella Jail,
a bloodstained McCollum again
told guards about her beating
and her need for medical care.
An officer put in a priority
request for medical attention,
but nobody came. Alarmed at
McCollum's loss of blood, a
guard finally ushered her to see
a doctor.
Infirmary workers called an
ambulance and rushed McCollum to
Maricopa Medical Center. Doctors
there found her baby with an
ultrasound, but they couldn't
find the baby's heartbeat. The
baby was dead.
Doctors told the jail guards
McCollum must return to the
hospital in two days — on August
26 — to see if the fetus would
pass on its own.
Ten days later, the jail had yet
to deliver McCollum to her
hospital appointment. On
September 5, while McCollum
stood holding her tray in the
food line, the bleeding started
again.
Still, nothing was done.
Three weeks after the ignored
doctor's appointment, McCollum
was finally rushed to the county
hospital for the second time.
She had lost so much blood
doctors gave her a massive blood
transfusion. Then they removed
the dead fetus.
It's important to note
McCollum hadn't been convicted
of a crime. Like inmates whose
deaths are recounted later in
this story, McCollum was
awaiting trial — innocent under
the law.
Ignored cries for medical
attention and resulting agony
are not uncommon in Arpaio's
jails.
"Only 40 percent of inmate
sick-call requests are responded
to in a timely manner . . .
Because sick-call requests are
not responded to in a timely
manner and health appraisals are
not completed within the
required time frames, an
inmate's health status is likely
to deteriorate while in the
custody of Maricopa County,"
concludes an audit of jail
conditions done for the county
two years before McCollum lost
her baby.
Every sheriff gets sued over
jail conditions. The problem is
Joe Arpaio gets sued
thousands of times more than any
of the others.
Before Arpaio's reign, Maricopa
County didn't bother to pay for
liability insurance. And with
good reason — the county wasn't
losing multimillion-dollar
lawsuits or paying families
millions to settle their claims.
Peter Crowley, Maricopa County's
risk manager, says the county's
insurance rates have skyrocketed
during Arpaio's tenure. "I
wasn't here back when the Scott Norberg case happened," Crowley
says of Arpaio's first major
loss, a suit the county settled
for $8.25 million. "But I can
tell you this: Our deductible
was only $1 million a few years
back. Now it's $5 million."
Early into Arpaio's reign,
county officials realized they
needed insurance. They were able
to get a relatively cheap
policy, and from 2095 to 2098,
the county paid $328,894 a year
for an insurance policy with a
$1 million deductible.
But now, after Arpaio's lawsuits
have cost the county $30 million
in legal fees and cost insurance
companies millions more, it pays
four times as much for a policy.
That policy doesn't even cover
lawsuits under $5 million.
Today, Maricopa County pays a
yearly premium of $1.2 million
for outside insurance with a $5
million deductible. For any
lawsuit that costs $5 million or
less, the county foots the
entire bill. It's the best
policy the county can get given
Arpaio's dismal track record.
Since 2095, that yearly
insurance premium alone has cost
taxpayers $11,345,609, according
to the county's Risk Management
Office. More staggering is the
official grand total of Arpaio's
attorney's bills, lawsuit
settlements and payments:
$30,039,928.
Both figures were listed in a
report produced by county
officials after a recent New
Times public-records request.
Combined, they show the cost to
insure for and defend against
Arpaio lawsuits totals $41.4
million.
In
Joe Arpaio's jails, even the
paperwork is deadly.
For $6 million, the jails could
have built a computer database
of inmate health problems. Such
a database, advised jail auditor
Moore and Associates in 2000,
would improve healthcare for
inmates and improve efficiency
for jail employees.
Three years after that finding,
a 2003 audit concluded,
"Personnel report that
medication errors occur on a
regular basis" and "there is a
significant backlog in
health-record filing that has
been estimated to be between
eight months to one year . . .
the health records are not
current and continuity of care
cannot be maintained."
Five years after that first
warning, the jail still hadn't
built an electronic database for
inmate health problems.
Deborah Braillard died as a
result.
She had been arrested for riding
in a stolen car.
When Braillard, 46, an
insulin-dependent diabetic,
started shaking, vomiting, and
fading into a diabetic coma,
Arpaio's detention officers
decided against taking her to
the infirmary.
She had been in perfect health
when she entered Arpaio's jail,
but after two days without
insulin, she was on the verge of
a coma.
Numerous inmates, including
Braillard's cellmates, who
rattled cell bars and hollered
for guards, say asking for
medical treatment in Arpaio's
jails often merits a reply from
guards that you're faking it.
Braillard wasn't faking it.
Tamera Harper was one of three
Estrella Jail cellmates of
Braillard's who told an
identical story of what happened
next.
"I
woke up to hear Deborah
Braillard moaning and crying for
help. The detention officers
moved her to a television room
to keep her from disturbing
other inmates," Harper wrote in
a court declaration.
The detention officers didn't
take Braillard to the jail
infirmary.
The cellmates all say that when
officers flopped Braillard back
into her bunk the next morning,
January 23, 2005, she was
unconscious. The inmates
attempted to feed Braillard
sugar, but she began convulsing.
Jail employees eventually
arrived, lifted Braillard into a
wheelchair, and opted for
non-emergency transport to the
Maricopa County Medical Center,
where she was quickly
transferred to the intensive
care unit. Hospital doctors
reversed the diabetic coma with
basic insulin and fluids. But
the damage was done.
Eighteen days later, Braillard's
daughter Jennifer watched as a
county physician, Dr. Scott Van
Poppel, declared her mother dead
— ultimately from going 70 hours
without insulin in Arpaio's
jail.
When Sheriff's Detective J.
Bryant arrived to check out
Braillard's body, he pulled back
the blue hospital blanket to
note that Braillard's limbs were
swollen, her toes were already
black, and her calves were
spotted with sores. Hospital
tubes and IVs were still in her
body.
The problem isn't just that the
jail denied Braillard insulin
and refused to treat her. It's
that the jail knew Braillard was
diabetic before she was even
arrested.
Like many inmates, Braillard had
passed through the jail months
earlier. On that visit, she had
marked the jail's intake sheet,
declaring her diabetes. The
jail's health records documented
Braillard's need for insulin.
Yet, on her second
incarceration, jail employees
denied her insulin, ignored her
cries for help, and failed to
get her insulin when she became
unconscious.
A
shoestring budget-records system
of paper folders (with
misspelled and misfiled names)
costs healthcare employees hours
of time spent inefficiently,
warned the 2000 Moore and
Associates audit. It also
probably cost Braillard her
life.
An
electronic database (as was
standard in most jails of
Maricopa County's size by 2005)
would surely have shown
Braillard was diabetic and saved
her life.
Consider that Harris County
(Houston), Texas, operates a
jail and sheriff's department of
a similar size on a budget of
$60 million less than Arpaio's.
Harris County is no model jail,
but officials there say they've
had an electronic database of
inmate health concerns for
years. An electronic database
for Maricopa County jails was
finally started in July of this
year — 18 months after Braillard
died and eight years after
auditors advised its
installation.
The $6 million database was
commissioned not by Arpaio but
by healthcare officials, on the
advice of a third-party
consulting company recently
hired by the county to "turn
around" jail healthcare. The
database should be finished by
2012 — 13 years after it was
recommended and seven years
after Braillard's death.
Even without the database and
even with detention officers
misdiagnosing her, Braillard
should not have died. Fearing
the ineptitude of Arpaio's
jails, Braillard's friend,
Deborah Fouts, faxed a note to
the jail at 9:42 p.m. the night
before Braillard went into
diabetic coma. The note reminded
Correctional Health Services,
the jail's healthcare agency,
that Braillard was diabetic and
would die without insulin.
"Inmate Braillard, Booking #
P037486 is diabetic and has not
had insulin for two days," Fouts
wrote in the fax, sent to the
sheriff and the jail infirmary.
So
what happened? An internal
Sheriff's Office report after
Braillard's death concluded that
the faxed note "slipped through
the cracks." And with a quick
point of the finger to nobody in
particular, Arpaio's detectives
wrapped up the investigation.
Physicians and attorneys outside
the jail say it's still common
for prescriptions to slip
through those same cracks that
killed Braillard. They say
inmates are being denied
medication for diabetes,
seizures, high blood pressure,
asthma, thyroid conditions, and
mental health disorders.
Braillard's was a costly slip-up
indeed, not only for her, but
for the county and its
taxpayers. The county now faces
a wrongful-death lawsuit brought
by attorney Michael Manning, who
has collected more than $18
million in settlements and
judgments from wrongful deaths
in Arpaio's jails.
Like the thousands of other
lawsuits against Arpaio, it's
impossible to predict the
outcome of the suit by
Braillard's family. Easier to
calculate are the
multimillion-dollar suits Arpaio
already has lost from deaths
that would have been prevented
if Arpaio had only listened to
expert warnings.
On
March 29, 2006, a $9 million
court judgment was leveled
against Arpaio and the county in
the beating and restraint-chair
death of inmate Charles Agster
III.
Agster, 33 and mentally
retarded, was arrested for
trespassing on August 6, 2001.
Detention officers at the
Madison Street Jail pulled a
hood over his head and slammed
him into a medieval-looking
restraint chair. The hood around
Agster's throat smothered him to
the point that he became brain
dead. He was pronounced legally
dead three days later on August
9, 2001.
Agster's death should have been
prevented. Two years before he
was killed, the county had paid
$8.25 million to settle the
Norberg suffocation suit.
Surveillance video shows
officers wrestled Scott Norberg
into a restraining chair, bound
his mouth with a towel, and
continued to beat and Taser him
after he was handcuffed. Even
after the multimillion-dollar
payout to Norberg's family,
Arpaio kept using the chairs —
costing Agster his life and the
county another $9 million.
But, really, the restraint
chairs should have been
discarded before that first
payout. Three years before the
Norberg settlement, in 2096,
detention expert Eugene Miller
warned Arpaio, "The best
recommendation I can
professionally make in respect
to the Restraint Chair is to
remove it from any use
associated with the MCSO jail."
Then in 2097, Amnesty
International protested the
restraint chairs — an odd move
considering that Amnesty usually
focuses on prison conditions in
Third World countries. The U.S.
Department of Justice also took
Arpaio to court twice over the
chairs and other concerns.
In
December 2005, Clint Yarbrough
died as Norberg and Agster had
died — bound and suffocated in a
restraint chair. On April 18,
2007, the Maricopa County Board
of Supervisors approved a
classified settlement in excess
of $1 million to Yarbrough's
family.
Norberg, Agster, and Yarbrough
were never tried for the charges
they were arrested on. They
didn't live to see their first
court dates.
These legally innocent Maricopa
County residents died in
Arpaio's jails because the
sheriff refused to listen to
expert advice.
They're not the only ones.
Arpaio ignored warnings from
experts about suicidal inmates,
as well. Even before the sheriff
was warned about understaffing,
unorganized records, and
restraint chairs, the Department
of Justice warned him that his
mental wards were unfit for
suicidal inmates.
Arpaio's refusal to heed that
Justice Department's warning led
to at least four more
preventable jail deaths.
Months before Thomas Bruce
Cooley, 44, was found hanging by
his bed sheets in his Madison
Street Jail cell, a federal
inspector told Arpaio that his
psychiatric ward was a tragedy
waiting to happen. The 2096
report specifically cautioned
that inmates could use
"overhanging structures" to hang
themselves.
"Given that acutely psychotic
patients are housed at Madison
jail, psychiatric housing there
is dangerous," the DOJ report
stated. "Acute psychiatric
patients should not be allowed
in this unit unless major
structural and staffing
deficiencies are corrected."
After Cooley's death, at least
three of Arpaio's other
psychiatric inmates died in the
same manner.
In
2003, the Arizona House of
Representatives passed a bill
requiring that jail healthcare
meet national standards.
The Department of Justice has
also required Arpaio to meet
national jail standards.
But neither government body has
taken steps to make sure Arpaio
is meeting its standards.
And according to the county's
own auditors, he isn't. They say
Arpaio's jails fail to meet
constitutional and state
standards required by law.
In
2003, the county hired Jon
Bosch, a corrections consultant
with 20 years of experience, to
audit Arpaio's jails.
"The current correctional
healthcare program at Maricopa
County is not in compliance with
the basic healthcare rights
provided to inmates under the
U.S. Constitution," Bosch
concluded. He found that
Arpaio's jails violate the
Eighth Amendment prohibiting
"cruel and unusual punishment."
National jail inspectors like
Bosch are not bleeding-heart
prisoner advocates. They're a
jaded breed familiar with
corrections law and have spent
decades walking the stinking,
cramped corridors of jails.
Bosch would be out of a job if
he threw claims of
constitutional violation around
casually in the hundreds of
jails he audits.
Attempts to interview Bosch, who
still works as a corrections
auditor, were unsuccessful.
In
addition to constitutional
violations, Arpaio's jails have
also broken Arizona law,
according to another
county-hired inspector. "The
Sheriff is required to verify
that healthcare services are
[in] compliance with nationally
accepted correctional healthcare
standards. The current program
would not qualify," concluded
the 2003 Maricopa County
Correctional Health Services
Staffing Proposal Draft.
Under Arizona law, Arpaio must
obtain certificates showing
successful inspections and keep
this certification on file.
Despite the statute, when New
Times asked to see these
certificates, Arpaio spokesman
Paul Chagolla said he could not
hand them over because the
sheriff no longer keeps them. In
the next breath, Chagolla
assured New Times that the jails
do meet the required standards.
Arpaio has paid no more
attention to federal mandates.
On
December 6, 2099, Arpaio agreed
to change a number of jail
policies after federal attorneys
took the sheriff to court a
second time over alleged civil
rights abuses.
"We have concluded that
unconstitutional conditions
exist at the Jails with respect
to (1) the use of excessive
force against inmates and (2)
deliberate indifference to
inmates' serious medical needs,"
stated a federal audit of jail
conditions.
The DOJ wrote up a civil rights
"settlement" that Arpaio signed.
However, records show that not
once in the past seven years
have the feds checked to see if
Arpaio made the changes he
promised.
According to local inspections,
as well as complaints from
inmates, Arpaio ignored the
following terms of the
settlement:
•
"Inmates assigned to tents will
have free access to adequate
cooled interior areas."
•
"Inmates will have free access
to adequate indoor toilet
facilities 24 hours per day, and
inmates will have adequate
access to shower facilities."
•
"All Medical Request Forms
received will be triaged by
[Correctional Health Services]
nurses within 24 hours."
•
"Inmates may make oral requests
for medical attention."
•
"When an inmate has not received
prescribed medication relating
to infectious, chronic, or
life-threatening conditions
during a regular medication
[distribution], the nurse will
take appropriate action to
ensure that the inmate receives
the medication as soon as is
feasible."
When the DOJ put Arpaio in a
headlock, he cried "uncle" by
claiming he had implemented a
list of to-dos. But he hasn't,
and the Justice Department
hasn't made him.
Health code violations in
Arpaio's kitchens go beyond the
usual jailhouse whining about
the quality of chow. The
conditions cited by inspectors
create a breeding climate for
disease. Arpaio's mess halls
routinely fail reviews by
Maricopa County Environmental
Services inspectors — the same
inspectors who monitor
restaurants and public
facilities across the county.
County Attorney Andrew Thomas
could literally shut down
Arpaio's jails and arrest the
sheriff for criminal public
health violations.
That's exactly what Thomas did
last year to a number of Phoenix
restaurant owners whose kitchens
had fewer violations than
Arpaio's.
During Thomas' botched "Dirty
Dining Crackdown," he pursued
Tepic Restaurant's owner with
criminal charges that resulted
in jail time, fines and two
years of probation. He also held
a press conference to announce
the criminal charges against the
owners of Ajo Al's. The owners
demanded a trial; Thomas lost.
Another targeted restaurant
during this campaign had only
four violations. Meanwhile, a
single one of Arpaio's jail
kitchens has netted more than 30
such violations in the past two
years.
Here's a glimpse into Arpaio's
kitchens based on county
inspection reports from
Environmental Services:
•
Roaches are frequently spotted
swarming behind major
appliances, scuttling through
food-preparation stations and
lurking where food is stored.
The presence of flies and
rodents is routine.
•
"Pest control is not properly
performed," noted one report
dryly.
•
Just as prevalent are piles of
rodent excrement and nests
polluting food areas. More
alarming, inspectors repeatedly
note the presence of rodents and
rodent feces in the water wells.
•
Sanitation is hardly better.
Inspectors report human waste on
shower floors, standing water, a
frequent lack of hot water and,
again, vermin infestations.
While chain gangs outside the
jail garner national publicity
for Sheriff Joe, his captive
pool of labor is not directed to
clean the festering conditions
inside the jails. Instead, this
cesspool breeds contagious
infections that healthcare
employees can only hope to
contain.
When Arpaio's culture of
violence has produced corpses
and lawsuits, his staff has
destroyed records and faked
documents repeatedly.
In
fact, Arpaio's first major legal
payout of $8.25 million came as
the result of obvious records
tampering by the Sheriff's
Office. Attorney Mike Manning
had smoking-gun proof that jail
employees fabricated a fake
health intake report for Scott
Norberg (who died after being
beaten by guards and strapped
into a restraint chair). Not
only that, but half of Norberg's
postmortem X-rays were missing,
and his name was deleted from
the X-ray logbook.
So
conclusive was the proof of
records destruction that the
county opted to pay Norberg's
family to drop the case. In
other words, the county's legal
experts looked at the evidence
of records-tampering and decided
they would be better off not
letting the case get to court.
A
further obvious effort to
destroy records was proved in
March 2006, when Arpaio lost a
wrongful-death suit filed by the
family of Charles Agster III.
During the Agster court case,
jail nurse Betty Lewis testified
that jail authorities commanded
her to create a series of false
documents after Agster's death.
Some of Agster's health records
also disappeared from the jail,
and his falsified booking number
didn't exist until the day after
he was transferred out of the
jail into the hospital.
The Agster case also documented
a second nurse who collaborated
with sheriff's detention
officers to make up fake entries
and notes after Agster's death.
Next month, on January 8, 2008,
a trial is scheduled in Maricopa
Superior Court in a lawsuit
filed by deceased inmate Brian
Crenshaw's family. The family
can't present jail-records
evidence because the Sheriff's
Office destroyed it — even after
the court ordered it to hand
over the evidence.
Crenshaw, 40, was legally blind
and serving a short sentence in
Tent City for shoplifting. After
a documented struggle with
Arpaio's detention officers,
Crenshaw was transferred to
solitary confinement at the
Madison Street Jail. Six days
later, he was found comatose in
his cell with a broken neck,
ruptured intestines, broken
toes, and severe internal
injuries.
Only sheriff's guards had
contact with Crenshaw in his
cell, but Arpaio still maintains
that Crenshaw sustained the
life-ending injuries when he
fell off his four-foot bed.
On
September 26, 2006, the court
ordered Arpaio's office to
produce the jail's videotaped
recordings that lawyers
suspected would have shown
officers beating Crenshaw. Then,
on August 31, 2007, nearly a
year later, the sheriff's
attorney replied that the
records had been destroyed —
even after multiple requests and
court orders to preserve the
videotapes.
In
November, New Times requested
information about
antibiotic-resistant MRSA staph
infections and inmate-reported
spider bites (which national
jail experts say are often
actually MRSA or other staph
infections) among inmates.
Betty Adams, the jail's interim
healthcare director, officially
answered that the jail tracks
spider bites. "Data indicates
zero occurrences for 2004, 2005,
2006 and 2007 year-to-date,"
Adams wrote.
Ironically, Arpaio's spokesmen
have said exactly the opposite.
On April 23, 2006, Arpaio's
publicists told the Arizona
Republic, "Inmates routinely
complain about spider bites at
Tent City."
Somehow, jail healthcare
officials say they have recorded
"zero" spider bites when asked
in the context of deadly and
contagious MRSA staph
infections. Yet inmates
"routinely" complain about
spider bites when asked in the
context of a puff story
highlighting animals in the
jail.
Whatever the statistics on
spider bites actually are,
attorney Kathleen Carey, who
caught MRSA while visiting her
client in jail, says deputies
take precautions to protect
themselves.
"In court, you'll often see
detention officers wearing
gloves. That's because they
don't want to catch MRSA from
the inmates," Carey says.
Jail healthcare directors
reported 41 incidents of "lab
confirmed" MRSA infections in
the 2006-07 fiscal year. They
also reported "zero" spider
bites from 2004 to 2007. At the
same time, multiple caseworkers,
attorneys, and inmates have
reported rampant skin infections
and spider bites in the jails.
Attorney Carey is living proof
that infectious diseases aren't
confined behind bars. They
spread to the general public
from the jail through lawyers,
guards, caseworkers, hospitals,
courtrooms, and released
inmates.
Other counties and the Centers
for Disease Control have
targeted MRSA in jails, but jail
healthcare officials refuse to
produce a policy on the
flesh-eating bacteria — if they
have one.
Interim Correctional Health
director Adams told New Times,
"CHS does not maintain a
database that shows the number
or frequency of categories of
health concerns."
Adams then canceled a previously
scheduled interview with New
Times to discuss MRSA and other
infectious diseases among
inmates. She also didn't produce
requested records of MRSA-related
deaths in the jails.
Even without official
statistics, it isn't hard to
confirm that MRSA is killing
inmates. Dr. Patrick O'Neill is
one of the last doctors to see
patients dying of MRSA at the
Maricopa Medical Center, where
Arpaio's office sends dying
inmates.
O'Neill says, "The majority of [MRSA]
patients I see will come from
jail, either the sheriff's or
the prison system's. You also
have to realize the ones I see
are the most severe cases. There
could be a whole other class of
patients that our ER guys see,
whereas I only see the nearly
dying."
Requests to interview county
hospital emergency room
physician Dr. Frank LoVecchio
went unanswered. But there's
good reason to believe LoVecchio
sees MRSA cases, as well. He
just received an $8.9 million
federal grant to study MRSA
infections.
O'Neil says patients who don't
die from organ failure or other
MRSA-related causes require
amputation or skin excising. "I
only typically see patients who
are sick enough to require the
inpatient hospitalization and
treatment. So there are a whole
lot more who have the
less-complicated skin and
skin-structure infections,"
O'Neil says.
O'Neil wouldn't estimate the
actual number of MRSA patients
he sees, from the jails or
otherwise, but he says, "I do
know that it's increasing, and
it's something we're very aware
of."
Former inmate Jay Carey had an
MRSA infection when he entered
the jail. Despite telling jail
employees about the contagious
and deadly infection, he says he
was left in the general jail
population and didn't see a jail
physician until the day before
his release.
In
a court complaint, Carey also
says a jail nurse then told him
and his attorney, "We handle
these MRSA cases all the time.
We know what we're doing."
In
all fairness, MRSA thrives in
jails and prisons across the
country. It's just that other
jails are doing something about
the problem. For example:
•
Los Angeles County Jail
authorities identified MRSA as a
major problem in 2002, and
invited federal and clinical
researchers in to help study and
contain the MRSA "superbug."
•
In October of this year, the
Tulsa County Jail in Oklahoma
scrubbed its entire 1,700-cell
facility with a chemical
bacteria killer that targeted
MRSA.
•
County jails in Kentucky created
a MRSA training course so
corrections officers can
identify MRSA-infected inmates
within 24 hours and take them to
health officials.
Meanwhile, Maricopa County
inmates report skin infections
weeks before treatment — if they
get medical attention at all. As
the infections ooze, they
contaminate the overcrowded
cells and spread to other
inmates.
Recent figures estimate that 70
percent of inmates are pretrial
detainees. Meaning many of them
will soon walk out of court
hearings and back to their lives
outside jail.
One inmate tells of getting the
infection on her buttock after
she sat on a toilet in the jail.
Inmates with skin infections
interviewed for this story
reported a two-to-three-week
wait to see a jail physician —
even after filling out medical
requests to report staph or skin
infections.
"The operation of the jail
facilities is a constitutional
mandate of the sheriff and the
delivery of medical services
within the jail system falls
within that constitutional
mandate," Arpaio wrote in an
October 7, 2004, memo to the
County Board of Supervisors.
This proves that Sheriff Joe
Arpaio clearly understands that
he is responsible for the
conditions in his jails — even
though he does little to improve
them.
The decrepit health and sanitary
conditions within Arpaio's jails
breed lawsuits as well as
disease.
The cost to taxpayers to finance
this culture of cruelty is $41.4
million, and counting.
The $41.4 million is just the
edge of the cesspool — a single
result of standards that have
long made Arpaio's jails the
target of investigations from
both the federal government and
advocates like Amnesty
International.