Wasted Honor -

Carl R. ToersBijns is the author of the Wasted Honor Trilogy [Wasted Honor I,II and Gorilla Justice] and his newest book From the Womb to the Tomb, the Tony Lester Story, which is a reflection of his life and his experiences as a correctional officer and a correctional administrator retiring with the rank of deputy warden in the New Mexico and Arizona correctional systems.

Carl also wrote a book on his combat experience in the Kindle book titled - Combat Medic - Men with destiny - A red cross of Valor -

Carl is considered by many a rogue expert in the field of prison security systems since leaving the profession. Carl has been involved in the design of many pilot programs related to mental health treatment, security threat groups, suicide prevention, and maximum custody operational plans including double bunking max inmates and enhancing security for staff. He invites you to read his books so you can understand and grasp the cultural and political implications and influences of these prisons. He deals with the emotions, the stress and anxiety as well as the realities faced working inside a prison. He deals with the occupational risks while elaborating on the psychological impact of both prison worker and prisoner.

His most recent book, Gorilla Justice, is an un-edited raw fictional version of realistic prison experiences and events through the eyes of an anecdotal translation of the inmate’s plight and suffering while enduring the harsh and toxic prison environment including solitary confinement.

Carl has been interviewed by numerous news stations and newspapers in Phoenix regarding the escape from the Kingman prison and other high profile media cases related to wrongful deaths and suicides inside prisons. His insights have been solicited by the ACLU, Amnesty International, and various other legal firms representing solitary confinement cases in California and Arizona. He is currently working on the STG Step Down program at Pelican Bay and has offered his own experience insights with the Center of Constitutional Rights lawyers and interns to establish a core program at the SHU units. He has personally corresponded and written with SHU prisoners to assess the living conditions and how it impacts their long term placement inside these type of units that are similar to those in Arizona Florence Eyman special management unit where Carl was a unit deputy warden for almost two years before his promotion to Deputy Warden of Operations in Safford and Eyman.

He is a strong advocate for the mentally ill and is a board member of David's Hope Inc. a non-profit advocacy group in Phoenix and also serves as a senior advisor for Law Enforcement Officers Advocates Council in Chino, California As a subject matter expert and corrections consultant, Carl has provided interviews and spoken on national and international radio talk shows e.g. BBC CBC Lou Show & TV shows as well as the Associated Press.

I use sarcasm, satire, parodies and other means to make you think!!!!!!!!!!!!!!!
































































































































Friday, June 24, 2011

Calderon gets another border cop


Border Agent Pilot Arrested

This story will not have a happy ending as the Department of Justice is picking up cold cases and targeting border patrol agents on their reports and the accuracy of their reporting. It appears to be a oxymoron from my point of view as the recent illegal activities of the ATF regarding the willingness to sell guns to the Mexican cartel and the allowance of these guns to kill American cops on the border or our cities has gone as a sanctioned event until a whistleblower revealed the corruption of those lying and hiding the facts of that case from the American citizens. To the best of my knowledge, these officials lied and deceived our citizens for purpose of not revealing their poor judgment and tactical mistakes in the war against the Mexican cartel who are buying guns in the USA. What gets this story twisted is they [U.S. officials] love the "lack of candor" charge, but the government’s top managers at Department of Homeland Security and the DOJ have been lying for years and continue to get away with it under the current administrative level of tolerances as they continue to push the blame of all this political whitewash down to the officers who work the trenches and give their blood sweat and tears to get the job done.

Today I read in a publication called The Hispanic Speaking News that “In Maine on Tuesday, a helicopter pilot with the U.S. Customs and Border Protection agency was arrested on charges of lying to federal agents in regards to an incident that occurred in the Rio Grande, and resulted in the death of Mexican man in 2005. the pilot, James Peters in now facing four counts of lying to federal agents who were investigating the death of Carlos Delgadillo Martinez, 22, who drowned in 2005 after Peters allegedly purposefully flew his helicopter too close to the victim. Federal prosecutors say Border Patrol agents working near one of the international bridges in Laredo saw a helicopter hovering low over two Mexican men on an inner tube in the Rio Grande on December 14th, 2005. According to federal records, radio transmissions revealed that the helicopter pilot told a Border Patrol agent that he was about to attempt to make the men “go back.” The helicopter’s rotor wash caused the inner tube the men were holding onto to flip over. At least one of the men lost their grip. Delgadillo Martinez’s body was found in the river on Christmas Day, 11 days later.”

Whatever happened to crossing the border is at your own risk and if for some reason the trip is too dangerous you assume all responsibility of your poor decision making on yourself.... or is there a double standards for illegal immigrants. It would appear that there is - One for citizens, one for Mexican Aliens. This madness if fed by the US government politically correct approach to all of Mexico’s complaints about border abuses by border agents that has netted numerous agents in a politically entwined web that has no purpose other than pleasing the Mexican government while demoralizing our border agents.


Source:

http://www.hispanicallyspeakingnews.com/notitas-de-noticias/details/cbp-helicopter-pilot-arrested-in-immigrant-death-case/4906/

Thursday, June 23, 2011

Border Patrol Agent Jesus Diaz is in Solitary confinement, another form of punishment


Border Patrol Agent Jesus Diaz is looking at getting multiple years inside a prison for “pulling handcuffs” during arrest in Texas. Meanwhile, he’s been in jail since the verdict nearly two months ago. He’s in solitary confinement 23 hours per day for his safety. So far, the judge has refused to allow bond while Diaz awaits sentencing. Solitary confinement in itself is punishment and extreme living conditions inside a prison or jail.

Solitary confinement in itself is punishment and extreme living conditions inside a prison or jail. Prisons designed for solitary confinement are instant isolation units merely by their design. Many times, when ex-lawmen are convicted of a crime they are placed inside one of these concrete boxes to do their time in protective segregation units inclusive of maximum custody in many states or federal prisons.

None, even the best of the best, choose to remain inside one of these boxes any longer than they have to because of the steady pandemonium that exists within cell to cell and inmate to inmate.

Many have electricity but often, if the inmate is problematic in sorts, the breaker is turned off for a designated amount of time undocumented anywhere. The same applies to delayed letter deliveries, torn books, food thrown on the floor as a message that the inmate “needs to clean up his act” and other SID methods of satisfying the boundaries of control and who is actually in control of the box. Never getting a hot meal or balanced diet, they live like that forever until someone questions why this inmate is not getting a regular meal.

This builds animosity between staff and inmates and often results in frequent force being used during those periods where the inmate is escorted out of his or her cell to go to the recreation pen.

Personal property is limited especially if designed a suicide problem or behavioral troublemaker. SID can be used by staff, employees or even other inmates. SID is destructive and responsible for homicides, suicides, serious assaults on both staff and inmates and is rarely identified as the cause or catalyst for such disruptive conduct. Any inquiries by family members may prompt further SID treatment and create additional stress between the administration and the inmate

Border Fence Failings -- Stolen [Copied] from the New American Blogs to educate America!!!

Written by Kelly Holt with Bob Dacy
Wednesday, 22 June 2011 15:06

A must read for Americans who love this country!!!!!!!

In 1846, in the aftermath of the U.S. annexation of Texas, Mexican forces attacked Americans at Fort Brown, Texas, at the Rio Grande River — in part over a border dispute. Later, the city of Brownsville, named after Major Jacob Brown, grew around the fort and presided over much of Texas’ rich and colorful history. Contributing to that history is the beautiful Rio Grande River, which is also the international border between the United States and Mexico. Nowadays, the city finds itself in the uneasy position of, once again, defining that border. Parts of the city and the lush farmlands around it (known in Texas as “the Valley”) are now severed by an ugly 18-foot iron fence that has forever altered peaceful Valley life and stands as a harbinger of uncertainty and discord as border tensions escalate. The New American traveled to Brownsville to investigate the fence and its unintended consequences.

To some Texas folks, a border fence seemed like a good idea before it was built. As a solution toward preventing millions of illegal immigrants, Mexican and otherwise, from entering the United States, it appeared a simple answer, relieving pressure on overburdened American hospitals, prisons, and schools. It promised the added bonus of stopping the unstaunchable flow of illegal drugs and corresponding crime and violence from Mexico. The reality fell far from the speculation.

Most folks, quite reasonably, assume the fence is actually on the border. In some parts of Arizona, California, or New Mexico, where the border is “dirt to dirt,” that is true, but not in Texas. The fence does not follow the border, but was placed largely on a levee built to prevent flooding from the Rio Grande. The meandering river, area topography, the levee system, and political considerations combined to result in fence placement that is, in some places, as much as two miles from the border. As a national security tool it’s a bad joke — full of gaps and in some places non-existent. But it’s no joke to the Texans affected by it — namely those whose homes and businesses are trapped in a no-man’s land between the fence and the river/border. The people could leave, but their homes and businesses can’t. Where would they go?

To understand the effect of the fence, one needs to understand Texas border life.
Robert Lucio, owner/operator of the 165-acre Fort Brown Memorial Golf Course, is a living example of the people who built lives crossing back and forth between Texas and Mexico. Physically and culturally, the lines between the two blur at the border, primarily because for generations border families — Mexican and American — have managed to peacefully live and work, crafting a culture that is uniquely “border.” Lucio’s family has lived in the region for 200 years — longer than Texas has been a state, or even its own country. He grew up here and, perhaps more than many, considers himself part of the land. His father was a Cameron County deputy sheriff and raised a large family, instilling honor and pride in his children. But Lucio’s sense of place has been grossly disrupted, even destroyed, by “The Fence.” And the financial damage done to his livelihood is not theoretical.

“The golf course [built in 1950] and the river provided recreation and a sense of community for Brownsville,” Lucio notes. “That’s especially important here because we’re on the border, and we don’t have the things other places do. We’re forgotten here.”“My brother, now a Texas State Senator, started out as a caddy on this course. The golf course later closed, and I took it over in 1987, reopening with an initial $5,000 loan and a business degree — I was so grateful to have this opportunity. My son grew up on this course with the workers and the machines. As a small businessman, I do everything! I run the clubhouse, and I’m the greenskeeper, the golf pro, and the janitor. I know every tree, and every slope on every green. I know this place. But now my credit is ruined, and this has caused a lot of emotional distress for us.” What happened? Lucio leases the land and the business from the University of Texas at Brownsville (UTB). In 2005, he rebuilt the golf course and clubhouse with an SBA loan. One year later, in September 2006, Congress announced and passed the Secure Fence Act, signed into law by President Bush.

The goal of the act, ostensibly, was to secure the border by decreasing illegal entry, drug trafficking, and security threats. Supporters believed it would force those seeking entry to do so legally by making the physical obstacles too difficult to overcome illegally. And that it would curb the illegal drug trade. It did anything but.It was successful, however, at curbing traffic to Lucio’s business. The Fort Brown Memorial Golf Course lies entirely behind the fence, meaning it is between the fence and the river. Lucio told TNA that when the fence was built, its placement was determined, not by the actual border, but the course of the levee; the government already owned the levee, so it became the natural place to build the fence without having to go through the process of eminent domain with landowners and paying “just compensation” for property, as our Constitution requires.Our federal government spends billions of dollars each year in foreign aid for infrastructure development (roads, bridges, dams, levees, power plants and grids, etc.) in Iraq, Afghanistan, Pakistan, and scores of other countries, but couldn’t come up with the millions necessary to purchase the land to build the fence on the actual U.S.-Mexican border.

During the meetings and discussions about fence construction, Lucio was never invited to sit in, even though his business was clearly a stakeholder. He would have liked to have been able to inform his members what was going on, but wasn’t given any information. The Department of Homeland Security (DHS) website states that stakeholder input was a major factor in fence location, but that didn’t happen.
When the fence was finally built, small concessions were made to the walled-out course owner, such as giving the fence by the course a slightly less intimidating appearance. The portion separating the golf course and campus is the only section that is not 18 feet high, but 12 feet, and Lucio says it’s called a “friendly fence.” It isn’t constructed of the more substantive iron posts, but smaller pillars painted white, connected by green fencing, and spaced much further apart. Nevertheless, once it went up, Lucio lost 60 percent of his members because of their perceptions of what it meant. By the time six months passed, he experienced a 15-percent revenue loss — his profit margin. No compensation was forthcoming from the government for the loss of value to the business. In 2007, Lucio contacted the office of Texas U.S. Senator John Cornyn to tell him about his predicament. Cornyn didn’t respond to or even acknowledge Lucio’s comments. “That’s my Senator,” he lamented. Then Brownsville was visited by Michael Chertoff, then-United States Secretary of Homeland Security, but Lucio reports that the Secretary came only to talk to the sector’s Border Patrol, not landowners. Over a local radio station, Lucio issued a lunch invitation to Chertoff, but got no response. No one, it seems, was interested in answering people’s questions. “When the DHS or BP or even your Senator won’t talk to you, what does that say about your rights as a … citizen?” Lucio asks. “It’s very dangerous when our government has gotten so big it doesn’t have to answer to people — when it ignores major law and uses eminent domain to do this, we have a big problem.”

It turns out that people are still asking the same questions now as they asked before the fence was built. How will the openings be closed? How will it work? How will residents come and go? And they’re still getting no answers. Ironically, when President Obama appeared in El Paso on May 10, and declared the fence “finished,” it only added to the confusion.

For starters, if the fence is finished, what about the unsecured openings? The fence isn’t really a fence. It’s a series of different types of barriers: In the Valley, it’s mostly 18-foot-tall rusty iron posts, with the shorter barrier at the golf course, and there are gaps for roadways through the fence. Elsewhere along the border, a “virtual fence” — a series of surveillance towers with cameras and communication technology — substitutes for the physical one, and in many places there is no fence or even Border Patrol presence whatsoever. According to Texas Monthly’s December 2010 edition about immigration, the bulk of the fence built in Texas is concentrated in the Valley. Texas’ entire 1,254-mile border has only 110 miles of fence; 70 of those cover a 100-mile or so stretch upriver from Brownsville toward the Gulf — broken into 21 segments. It is not a continuous structure, and the gaps are cause for a lot of concern.

One of those gaps is the business (and only) entrance to the Fort Brown Memorial Golf Course. Lucio said, “The BP agents are awesome and do an excellent job, but the fence is a psychological deterrent to people coming here. And that is simply the fence without a gate in it! If they ever put a gate in it, we’re done.”
The gaps, designed to allow entry and exit for U.S. citizens on the wrong side of the fence, cause other deleterious effects. Take the story of Pamela Taylor. As a teenager, Taylor immigrated, legally, to the United States from England after World War II. She came with her new husband to south Texas and they built a house, by hand (adding on as children were born), and a life on the river. Now widowed, she finds her house and land behind the fence a mere 750 feet from the river and 300 yards in the other direction from the nearest fence opening. Her home is in Texas, but between the fence and the river. (At the entrance to her drive is a sign she erected protesting the fence.)

Border crossers now cross at the gaps rather than try to scale the fence, and that is the problem. Openings are just that. Unsecured, ungated, and largely unguarded. This arrangement “funnels” coyotes (human traffickers), illegal aliens, and drug smugglers through fence openings that are theoretically easier to guard, but also endanger those living near the gaps. The gaps, deliberately placed near residents’ homes for easy access, are also the things that place the residents in more danger. But the problem doesn’t end there — if gates ever are installed at the openings, no one knows how residents will have ingress or egress. Fears are that in times of emergency the gates would be locked down, prohibiting anyone behind the fence from being able to get to the American side. And what defines a national emergency? If residents are promised access to their property, what would prevent desperate drug smugglers, not known for their civility, from forcing Pamela Taylor or any other resident to open a gate for them, or hiding in wait until an authorized person opened it, then barging through?

The Elephant in the Room

Taylor recalled how the face of immigration has changed during her life on the river. “We’ve always had crossers here. But they used to be timid and afraid, and whole families would usually be together.... Now the crossers are mostly young guys, thieves, and are much more dangerous.” In recent years, she has endured theft of food and valuables, vandalism to her cars, break-ins at her home, and her yard being used as a drug transfer point. She also remembered an incident when an elephant was smuggled across the river! “I think they must have been trying to avoid paying duties for the elephant, so they just smuggled it!” That the animal crossed undetected underscores the unguarded nature of the border. The gaps are, supposedly, an example of government being kind to its citizens. When the building of the fence was first announced, a letter from Chertoff arrived declaring that no major road would be blocked off. When Taylor and others arrived at “public hearings” to ask what that meant, no answers were forthcoming. In fact, never once was any landowner permitted to stand up and make any statement about the fence. So Taylor sent a letter to Chertoff protesting the fence. The reply? “Everyone has to give something.”
There is much speculation about if and when gates will be installed, but the question of how the fence could be gated and still not block major roads remains unanswered.

Down the road from Taylor’s place lies Loop Farms, owned by Leonard and Debbie Loop. Mr. Loop grew up less than a mile from where he now lives and, like Lucio, is as much a part of the land as he is a farmer living on it. He told TNA, referring to the fence segments on his property, “Never in my wildest dreams did I think I’d see something like this, nor be treated like this by my government.” On the Loops’ property, the fence was constructed partly on the levee, but in other places it bisects the farms, sometimes a half mile from the river. Seven-hundred-thirty-five acres of citrus orchard are behind the fence.

Loop’s frustration is about more than a seemingly arbitrarily chosen fence-line through his property: The utter uselessness of the fence as a deterrent could not be more apparent than it is on Loop Farms. It just stops, ending abruptly in the middle of one of the fields. Loop says the “fence end” is about 15 miles west from the Gulf of Mexico, leaving that area completely unsecured. Not only are the Loops and other families and farms subjected to increased danger from the fence, but as Mr. Loop says, “Who's gonna want to buy a farm behind the fence?”

Mrs. Loop describes herself as a conservative who deeply loves her country. “I’m not a nut, but I want a secure border. The BP presence is a plus, but not the fence. Who will protect us when we’re trapped behind the fence? All these acres between the fence and the river are sovereign American soil that have effectively been ceded to Mexico.” Nearly 51,000 acres of American territory from Penitas, Texas, (about 80 miles upriver from Brownsville) to the end of the fence at Loop Farms lie behind the fence. This includes many homes, as well as agricultural and commercial properties and a bird and wildlife sanctuary.

Mrs. Loop adds, “The government tells us we’re safe, but sometimes they won’t even allow their own employees to ride the river. It’s a case of denial on the part of officials.” In spite of the concerns about danger, each person interviewed recounted instances of encountering illegal crossers, and how they provided water and food for those in distress. Mrs. Loop said about that situation, “Often coyotes abandon their human cargo. We need to call this what it is, big business. And the OTMs [other than Mexicans] are real — we have Chinese, Pakistanis, and Africans crossing all the time.” Like Pamela Taylor and Robert Lucio, the Loops ask the same questions and get the same non-answers about gating the fence openings. Meanwhile the openings remain unguarded. During our visit, we saw only two openings that had a Border Patrol presence. For the most part, border residents extolled the agents protecting them, but the Border Patrol’s public relations office in the Valley declined an interview with TNA.

Locked Out of Their Country

The walled-out Americans’ worries about possibly being gated out of the USA-proper during an emergency situation solidified when the Border Patrol responded last fall to a situation that erupted in Matamoros, on the Mexican side of the Rio Grande.
Lucio reported that a major gunfight, lasting more than 20 minutes, broke out just across the river, killing dozens of people, including a major cartel leader. It was so close that smoke from the machine guns and grenades drifted across the course, and golfers and course employees were evacuated. But shockingly, when the Border Patrol arrived, they took up a defensive position not at the river, but at the fence line. This astonishing action portends the possibility that DHS has redefined the defensible area of the United States to be “our side of the fence,” rather than everything on our side of the actual border. In a security emergency, Americans trapped on the wrong side would conceivably be out of luck. Lucio says, “I know for a fact that I don’t have the same protection as people or businesses on the north side of the fence.”

Robert Lucio’s distress about living in a virtual DMZ is obvious. “Am I even part of Texas?” he asks. “If not, why am I paying taxes? And if so, why don’t I get the same protection as everybody else?” Good questions. “The government wants it both ways,” Lucio concluded in frustration. “We need recognition, and should be given something to help us survive.” Leonard Loop added, “We are being made to pay for the government failure to secure the border.” Yet when asked what was the worst result of the fence, he said unhesitatingly, “Loss of freedom, and you can’t do what you want to with your own land.”

The solution to the border problem doesn’t lie entirely on the border, but in other things our government won’t do, such as proper visitor and student visa enforcement, enforcing labor laws, and, most especially, ending the vast system of freebies known as “entitlements” and “welfare” that serve as a huge magnet enticing an endless flow of “migrants” from every corner of the globe to ignore our generous legal immigration procedures and cut in line ahead of those who are playing by the rules.
On the border itself, the crisis can’t be solved with a fence alone, and especially not with one so full of holes in places that anyone can just walk through, and not one that leaves American citizens and territory in a no-man’s land increasingly controlled by Mexican bandits and drug cartels.

The American residents of that no-man’s land whom we interviewed are unanimous in the belief that any realistic response to the crisis must entail many more Border Patrol agents. The Obama administration is fond of pointing out that the Border Patrol has roughly doubled in manpower on our southern border since 2004 to around 20,000. Sounds impressive to some. However, as the individuals in this story have pointed out, BP agents are scarce in their areas, even as the illegal alien traffic and criminal activities have soared. And their experiences are replicated along much of the border. By way of contrast, we have 60,000 National Guardsmen serving overseas, mostly in Iraq and Afghanistan. In addition, according to the Department of Defense, as of December 31, 2010, there were 85,600 U.S. troops serving in Iraq and another 103,700 in and around Afghanistan. Still another 180,700 are deployed to over 150 different countries. And our Defense Department is spending tens, if not hundreds, of billions more on private contractors, who outnumber our troops in many parts of Iraq and Afghanistan. Yet we are told that we do not have sufficient funds to secure our own border.

Egregiously, President Obama’s 2011 budget requested a reduction of 181 Border Patrol agents! Meanwhile, the federal Office of Personnel Management reports that between March 2010 and March 2011, the 20 major federal regulatory agencies (FCC, EPA, FTC, FDA, SEC, etc.) received a personnel boost totaling more 5,000 — an increase greater than five percent. However, it isn’t just a matter of numbers; the administration and Congress could double the Border Patrol’s size again, to 40,000 — and still render them ineffective. As Andy Ramirez's recent article in The New American on Jesus Diaz and other Border Patrol agents makes clear, the Obama administration is continuing the policies of the Bush administration, attacking and intimidating the Border Patrol so that its agents will not be willing to effectively carry out their duties to protect our borders.

In addition to protecting the primacy of individual rights and liberties of Americans over group rights, our government is constitutionally bound to protect the security of our nation. That legitimate function includes protecting the territorial integrity of these United States. Along much of the border, the fence does everything except that. Much of the fence amounts to a multi-billion dollar waste of taxpayer money. Is this the result of government incompetence, or is it possible that the powers-that-be in Washington never intended it to secure the border? The Bush administration, which was pushing hard for an illegal alien amnesty and a merger of Mexico-U.S.-Canada into a North American Union, fought the fence tooth and nail. The public backlash was so fierce that the administration caved, but then used every opportunity to sabotage fence construction. The Obama administration, which is equally (if not more) pro-amnesty and pro-merger, has continued on the same path.
Debbie Loop summed it up for all the border residents: “Our future? — I just don’t know.”

Wednesday, June 22, 2011

Ghost story at Fort Grant Arizona - Shadows on the walls of the old fort


Never one to believe in the existence of ghosts or other spirits, living on the grounds of the old army fort vacated to become a boys reformatory and later a prison for Arizona inmates, I found out the hard way that spirits do exist and ghosts do roam the earth even though scientific evidence may proof me to be wrong in all instances. Ignoring the rumors and the ghost storytelling that occurred before I moved in, I was certain that these tales were meant to scare me into moving into the warden’s house that sat center of the old fort foundation. The house, a large mansion with six bedrooms and three bathrooms was designed for the warden and his family. I moved into this house when I became the deputy warden of operations at the Arizona state prison Safford in the town of Safford 49 miles away on a dry day. The house sat at the foot of the huge mountain called Mount Graham where nature’s beauty was most excellent and a pleasure to view every morning of the day the sun came out and casts its shadows on the house and the valley. The presence of deer, coyotes, rabbits, rattlesnakes and the often rare Gila monsters was an added enjoyment that took my breath away every time nature I remember that sitting there on the back porch with the mountain staring back at me with the sun going down, it would cast shadows on the house and cool it off quickly even in the summer time but more so in the winter. I could feel the gentle mountain breeze coming off the rugged slopes downward cooling my face and body. The sensation made me feel relaxed and worry free. Thus it was the soothing effects of the mountain air that kept me calm during those times when crisis would take its turn.

Looking up at this Eastern Arizona sky line I would see the vast space in an immensely blue color that was so peacefully dotted with white silvery clouds as they neatly capped the mountain top as if it was crowning it as something of a deity to others viewing the same spot. Other days, especially in the winter time, the sky would turn black with thick heavy rain or snow clouds as the elevation was high enough to sprinkle a few inches of snow on the ground during the cold evenings and frigid mornings. Without warning, the mountain air would bring drenching rain that resembled a God like creature pouring a large bucket of water down the fort as it has stood there since the early days when Indians and soldiers fought to keep the territory safe and peaceful for the settlers coming westward to start a new life.

The fort has an unusual history and to this day, I believe that those stories told to me before I moved in were factual and eyewitnesses by many who spared these stories to avoid being called crazy or insane. At the risk of doing the same it is with the same reservation that I share the stories of the shadows on the wall of the old fort. No matter, history tells tales of the massacre that took place on the very grounds I was sleeping on and as the tale was told to me and written in the history books, there was something very wrong with the way things went down at Fort Grant back in the early 1870’s when the soldiers and Indians lived here in harmony and others interfered in this relationship for evil reasons revealed later on by those who investigated the killing of many innocent people back then.




Made of mortar and red bricks and large stone walls stacked about four feet high surrounding the yard as if a perimeter for self defense, the house was enormous in size and often, when all things were quiet, it would echo your footsteps as you walked the long and narrow hallways. The house was sectioned so the its occupants could have some privacy the fireplace in the center room was huge and often used to warm the chilly air in the cool winter days as wood from the surrounding woods was plentiful and gathered frequently just in case a cold spell would arrive.

Every night, just before going to bed, I would go to the kitchen and make me something to eat or drink as I either watched the TV or read a book before turning in for the night. Falling asleep was not a problem as the days were long and the work was plenty at this state owned prison where approximately 1000 prisoners lived among with the staff that chose to live on grounds in state owned houses in exchange for volunteering to respond to any emergency and assist others on duty to ensure peace and order. As the last light was flicked off and the only sound in the house was that of the television, it was always a little spooky to say the least as the quietness was extreme and when reading a book, it was like you were in a hollow tunnel as every sound, every whisper, every breath you take had an echo attached to it and make a reverberating sound mimicking the first vibrations that could be heard again.

Early in 1871, a 37 year old first lieutenant named Royal Emerson Whitman assumed command of Camp Grant on the San Pedro River about 50 miles (80 km) northeast of Tucson. In February 1871 five old Apache women straggled into Camp Grant to look for a son who had been taken prisoner. Whitman fed them and treated them kindly, so other Apaches from Aravaipa and Pinal bands soon came to the post to receive rations of beef and flour. That spring, Whitman created a refuge along Aravaipa Creek about five miles (8 km) east of Camp Grant for nearly 500 Aravaipa and Pinal Apaches, including Chief Eskiminzin. The Apaches began cutting hay for the post's horse and harvesting barley in nearby ranchers' fields. Whitman may have suspected that peace could not last. He urged Eskiminzin to move his people to the White Mountains near Fort Apache, which was established in 1870, but he refused. During the winter and spring, William Oury and Jesús María Elías formed a Committee of Public Safety, which blamed every depredation in southern Arizona on the Camp Grant Apaches. After Apaches ran off livestock from San Xavier on April 10, Elías contacted his old ally Francisco Galerita, leader of the Tohono O'odham at San Xavier. Oury collected arms and ammunition from his followers

The story of the massacre was told to be factual and described by some as an event that occurred on the afternoon of April 28 1871 when 6 Caucasians, 48 Mexicans, and 92 O'odham tribal persons, gathered along Rillito Creek and set off on a march to Aravaipa Canyon. At dawn on Sunday, April 30, they surrounded the Apache camp. O'odham were the main fighters, while Americans and Mexicans picked off Apaches who tried to escape. Most of the Apache men were off hunting in the mountains. All but eight of the corpses were women and children. Twenty-seven children had been captured and were sold into slavery in Mexico by the Papago and Mexicans themselves. A total of 144 Aravaipas and Pinals had been killed and mutilated that fateful day. The U.S. Army, sparsely assigned and divided among the vast desert regions, were not there to protect these innocent people and could not have anticipated this slaughter as the legend told was that the white people leading this raid were trying to create a hostile situation so that the Army would bring more soldiers to the area and as the troops arrived in the valleys, their economy would be more profitable doing business with the troops and the government. Thus this provocation of killing innocent people was intended to spur the economy for the businessmen in those locations where the troops would settle down and expand their mission against the perceived “hostile” Indians in the area.

The spirits of those men and women killed there near the camp haunt the very grounds of this state prison as others have reported the sounds of after midnight screams in the dark of women screaming for help in strange and incomprehensible languages understood only by those who were Native Americans. Sleeping there every nigh during the year 2008 and 2009, I heard voices talking to each other as every now and then, a scream would shout out loudly as if to warn someone of imminent harm or danger. These events created nightmares for me as I woke struggle to go back asleep after being awakened by these strange and weird sounds as shadows would cross my path on the window blinds outside the house as if there was a person walking the walls of the house looking for an intruder. Thinking I was the only one experiencing this occult like feelings, I invited my wife to come down after several of these unexplainable episodes had occurred as in my opinion, these spirits invaded the house to witness what I had been truly a paranormal event or unexplainable phenomena at the time these occurred. Trying to keep an open mind that ghost may exist, I needed a witness to these events as I became convinced the house was a source of possible haunting by spirits or even those ghosts so fabled in the stories told.

The very next weekend the wife arrived and settled in with her baggage as she laughed at me for feeling so insecure about the house and its spirits. I could not convince her of the reality of the matter and I was hoping that she would experience the same phenomena I had during the time she was here. The night was still as we sat outside to watch the full moon in the sky where it often glows and casts shadows on the mountain side giving off a picturesque fit to frame view. The night was clear as millions of those bright twinkling stars could be seen in the space of the vast black backdrop of the darkened heavens. The time to turn in resulted in turning off every light that had been lit since she arrived in the house that late afternoon. Hoping that the phenomena would not end just because I had company in the house, I was eager to have her witness the paranormal ambience I was struggling with and as we turned out the last light in the huge house, it was only the reflection of the fluorescent light of the television that kept us from being completely in the dark. Regardless, the night was ending and the time sleep had arrived as we resisted the urge to fall asleep but gave in sometime after midnight.

Uneventful as we slept through the night, it was a disappointing occasion as nothing happened that night. No sounds, no vibrations, no screams and no flickering lights as I had experienced before she came. Thinking perhaps this was all a dream I went to the kitchen where she had already made a pot of coffee and shared with me a story of how she was awakened last night by someone tugging or pulling on her ankle as if trying to pull her out of the bed and take her somewhere to show her something. Asking in an irritable like manner I asked her why she didn’t wake me up and she said that at the time it felt like she imagined it but it happened another time and she felt that it was strange but not worth waking me up for.
I shared with her the strange mannerism of my dog as she slept here at the foot of the bed and kept me safe from any intruders that may wander into the house without permission. A faithful and loyal Rottweiler, she knew her job and knew it well. I told her of the night when the door bell rang at about 2 in the morning and how the dog growled at the door making me hesitant to open but when I did there was nobody there. I told her the dog went outside and chased something away but she came back almost immediately as if it was gone or had left the premises.

The day was uneventful as this Saturday was most peaceful as went for a drive around the other side of the mountain and did some shopping for groceries and necessities. Wondering if the paranormal events she had experienced and those that have kept me from getting a good night’s sleep are real, we could only guess they were as we had no evidence to give to anyone else to show the truth. The weekend ending, she left Sunday night to go back to our house in Mesa and go to work on Monday as her job kept her from being here with me all the time.

Since that time of her visit, there have been numerous other paranormal events that are unexplainable but real to me. There have been movements of objects or items put there for a purpose and sounds of footsteps, or other unexplainable sounds were ever present in that house. My dog, very aware of her surroundings slept well but would awaken as her ears would search for what appeared to be unheard sounds to the human ear but seeing her alertness peak, I knew she was tracking something in the distance unseen. Waking up to find the bathroom faucet running was strange as I always double check to make sure the water is off and surely, if it was running all night, I would have heard it.

This experience with the paranormal never ended until the day I moved out to go back to work at the prison where I came from when they transferred me to Safford last year. In the meantime, sharing these stories with only a few to keep my credibility and sanity proper, it was my mother in law that came up with a solution that appeared to diminished the influences of the spirits to some degree as she recommended to me that I leave a glass of water out for the spirit or ghost so they can enjoy a nice cool drink during the time they were occupying the house while I slept. To some degree, this logic worked as the shadows on the walls were less frequent but never completely disappearing as I had wished.

Several years later, as I write this short story about this house that stood on the grounds of the old Camp Grant where soldiers and Indians lived in the days of a wild wild west, it is speculated that these spirits are the shadows of those who lived here before in the past and that they manifest themselves at nigh when nobody else is around to communicate with others about their plight, their wishes and their desires to not be forgotten.

Character Counts



Although I have worked under many different philosophies and many different leaders in the past 25 years of correctional experience, I still believe that many of our prison systems nationwide are in the need of change. Realizing that my mentors have prepared me and primed me for particular points of views not without controversy, it is reasonable that today, I feel in any shape or form, believe that the best way is the Machiavellian type of prison systems as they are not part of the answer either.

When individuals are interviewed by someone before being blessed to accept total control of a state agency, you would think that the person selected is a reflection of the person interviewing and delegating their own moral values into the person selected. I find that this is hardly ever the case with positions that are high up and almost exempt from both public scrutiny and political criticism. I say this because I don't see the same values in you Governor Brewer as I do in Charles L. Ryan. The recent appointment of Charles Flanagan to the juvenile system as director leaves the agency at the hands of a person who is not in tune with the purpose nor the sensitivity it requires to run such a prison system with the spirit and ethical conduct required. There will be no transparency in operations as well as internal performance issues that are essential and important to Arizona citizens as well as you, his boss. The absence of Mr. Flanagan leaves the agency without a moral compass to guide them where human lives are a precious commodity but often ignored or discarded like waste and other rubbish in a most analogous meaning.

Arizona prisons were cursed to be led by an individual whose "reputation" was tainted to begin with but somehow preordain their proclivity to running brutalistic prison systems their way and sanctioned by others in the Bush Administration as they were selected to go to Iraq and build their internal correctional systems boiler making their mentality and priorities. Like many people in power, some people just "get off" on hurting others whether those individuals deserved to be hurt or not. Many people selected by the Department of Justice to work in Iraqi prisons sound like they fall into that category. It also sounds like "someone" somewhere has made a decision that inmates need brutalizing to learn to obey; therefore, the hiring of the sadist officials.

Reflecting the way people are dying inside Arizona prisons there must be a link between the power structure and the hypocrisy that exists in denying the existence of poor prison management and leadership to guide subordinates and officers in their role.

Experiencing a culture of entitlement in today's business place, there has always been the discussion between power by position or authority and those who gain power by influence. Needless to say those not in a position of power can't compete with those who have the position thus it is often an unbalanced equation that results in the shifting of power to those who have the authority to do the things they desire. Studies have revealed that those who are powerful and who have been primed to believe they are entitled to their power readily engage in acts of moral hypocrisy. People with power think that they are justified to break rules not only because they can get away with it but also because they feel at some intuitive level that they are entitled to take what they want. This sense of entitlement is crucial to understanding why people misbehave in high office. In addition, there arrives a sense which some powerful people seem to have that different rules apply to them and genuinely believe it. Regardless of what tests you apply to those in power, the results will show that the powerful do indeed behave hypocritically and relative to a higher their position, the less harsh they are on themselves thus suggesting that they condemn the transgressions of others more than they do their own.

This is definitely no way to run a prison. Perhaps if the backgrounds of most inmates were researched, you might find that these people were ignored, shown no respect or dehumanized as children and to be made to feel as though they were worthless. Having to spend their "sentence" in a prison system that only stresses those same negative feelings is certainly NOT going to rehabilitate a new personality from them, but create a deeper psychosis. These are not the people we want eventually released into the general public. So, why would you choose an administrator with a hardened, brutalistic methodology to "whip" aggressive or non-aggressive inmates into shape? By using his methodology of disciplining, are the inmates only angered or defeated by his procedures? Somehow there needs to be more control of who is allowed in those critical positions and "why"? On the other side of this coin, Ryan has disciplined state workers unforgiving and shows no compassion for those hurt while on the job and recuperation from serious assaults or injuries.

Someone in the governor's office must also evaluate whether the recruitment selection and training for this agency is both appropriate and in tune with federal / state laws, executive expectations and sound and practical correctional practices, perhaps best achieved under a strict accreditation program that will sanctify the performance and other elements of the prison environment.

Responsibility goes along with any position such as a director or a warden; power begets madness when allowed to run out of control. The fact that Mr. Ryan has concentrated his attention to rehiring those from the former regime under Terry Stewart and himself in the past, has changed the direction of the agency drastically and wrongfully guided those with sound moral compasses. Hiring those with poor moral turpitude is unacceptable but yet condoned? This is a critical issue that will be difficult to solve...hopefully not with sadistic individuals who are feigning sensibility. Evil has a duality: it can look as innocent as a baby (like a baby rattlesnake), but has the poison and strike of an adult. Where evil lives is in the hearts of those who it once touched and changed to its ways (inmates). Anyone working in that arena (prison systems) cannot escape its touch because that is its lair. It is only getting stronger while man's moral compass is slowing down and breaking down the others who want to do the job with their own moral intellect and guidance systems.

Taking personal responsibility and paying attention to detail are two very important character traits to have. It is important for civilians to demonstrate these traits but even more important for correctional administrators and correctional supervisors. These people in such powerful positions should be held to a much higher standard than civilians because of the position they are in or will be in where they enforce the laws over civilians. They should be a role model for people to follow. A lack of personal responsibility can cause many problems. These problems are not just for the person who is making the choice not to take personal responsibility but for the people around them. The impact is universal and often develops a domino effect that creates havoc in many different areas and positions created to keep others safe and free from any injuries or harm.

Working inside places such as a prison often involves matters of life and death. It is possible that even the slightest error could result in catastrophic results if the person is negligent in any way. Perhaps an exaggeration in some instances, it is a very real scenario. We would be second guessing the potential consequences of such events but the choice to do the job and do it right is a moral decision that should not be so hard to make. Remember that what may appear to be insignificant at one moment could jump up and bring the devil as we are not able to foretell the future and the cause and effect probabilities. Shortcuts can be an easier approach to many ways of doing your job but taking the easy way out is not always the best way to do the job. Training plays a big part in this matter and doing the right thing and accepting responsibility for doing the right thing must be a priority in every person’s mind when wearing the badge and doing it with honor.

Sunday, June 19, 2011

Public Defenders, John McCluskey’s Trial


Justice for All

Arizona is in a state of mass incarceration. The laws, governed, enforced and prosecuted to the fullest extent permissible by courtroom attorneys representing the state, criminals are facing their fate in the hands of public defenders that are novice and inexperienced compared to those skilled and aggressive prosecutors with ambitious goals and lofty salaries to be asked to join a respectful law firm or run for political office and become one of the main prosecuting attorneys representing the state. Tragedies occurred in almost every criminal trial held in this state as attorneys present their cases to the judge and jury to pleas of innocent or guilty depending on the circumstances involved. It is likely that some cases can be predicted to end rather quickly and with pre-determined guilty findings as trial attorneys skilled in the presentation before the judge and jury assassinate the character of the person on trial and reveal all evidence relevant and not relevant to the case in public. Some attorneys thrive in this competitive arena while others falter and rarely say a sensible word to defend their clients.
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Rarely discussed in public proceedings are the behind the scenes of scheming and bargain hunting that occurs among the attorneys before the trial proceedings begin. Young public defenders, creative and idealistic about the law are often victimized before they realized what happened to them by the more skilled and wiser prosecutors who revel at the thoughts of tearing down a new public defender in front of an audience and the media. Every now and then they will encounter a brilliant activist who is a little bit more savvy and skilled than many others as they balked at the high numbers of plea bargains designed to expedite the court ‘s time and save their resources. This practice of plea bargaining has dominated the trade as it becomes a method of exhibiting mediation and negotiations skills for the trial begins. A good lawyer will realize whether or not they have a good case and not submit to the prosecuting team however, even those who are brilliant can’t fight the extreme pressures that can be applied by government resources when it comes down to the verdict desired for a particular offender.

The case of escapee John “Charlie” McCluskey comes into my mind as his defense was weak and predictable as the mood of the media indicated a swift and easy trial for the county attorneys that served this case to the court. At the very beginning of the trial, security was increased and a stun belt was used to manage the inmate’s behavior inside the courtroom. In addition, Fox News reported that “A Mohave County judge says television cameras will not be allowed in the trial of an Arizona inmate facing escape and other charges Judge Steven Conn says the likelihood of harm from televising the proceedings outweighs any benefit to the public.”

Interesting enough, McCluskey was guilty as hell and although likely overcharged to make political points with the press, there was no doubt that the public defender assigned could not keep up with the others to make a case of the contrary. As one witness stated so eloquently “The defendants, most guilty as hell, though likely often vastly overcharged, would view him as the person delegated to sell them down the river.” The Washington Post wrote John McCluskey who pled not guilty in these charges “stemming from the alleged escape and hijacking of two truck drivers. The 46-year-old faces separate charges in New Mexico, where he and two others are accused of killing an Oklahoma couple. McCluskey’s co-defendants resolved their Arizona charges without trials.”

Routinely a public defender is realistically burdened with an average caseload of 40 to 50 case files in the start of the day expecting to represent them all with the wide eyes open justice approach of such a feat. Impossible to track and to maintain, he or she takes on a most impossible task and situation with a self-fulfilling prophesy already written on the walls that they will fail to keep up trying to do a good job. Given the terrible working conditions to defend those of crimes committed, there are no elements of justice present under these circumstances that are unequal in the scales of justice that doesn’t even include the terrible intimidation of the state’s assets against their feeble resources given.

Going back to the McCluskey case, you get the impression that the Mohave County public defenders are on the same track as many others as they were ill prepared to do this case on the very first day with their opening statement that was flawed to say the least. The arguments didn’t hold water as the trial proceeded to a record breaking goal to finish the trial and announce the verdict within five working days with anticipated guilty pleas on all counts.. After all, the most important thing about this case was the closure of the escape and kidnapping charges and then hand this man over to the federal officials in New Mexico where he would face charges of double homicide in the Haas family murder while on the run from the law. The Mohave Daily News reported that “McCluskey, Welch and Province are also charged in New Mexico with the Aug. 2, 2010, murder of an Oklahoma couple Gary and Linda Haas, both 61, who were found in their burnt camper. The suspects possibly face the death penalty if convicted of federal charges of murder and carjacking. Gary Haas’ sister, Linda Rook, and his mother, Vivian Haas, both of Joplin, Mo, attended the four-day trial in Mohave County Superior Court.

Many observers, thinking they could have done a better job than the public defender assigned were not shocked or surprised that the trial went so well and making its deadline on time. Wondering whether the incompetence was deliberate [or unprofessional] or unintentional, it is reflective of the kind of assistance arrested and indicted offenders receive nationwide in their efforts to defend themselves. The motive to keep the trial on a pre-choreographed track for the state’s own interest was obvious as there were people present inside the courtroom that will no doubt be engaged in the 40 million dollar lawsuit filed against the state by the attorneys for the victims at the hands of John McCluskey, the Haas family, and document all facts related to the negligence involved in this escape.

Some would say that McCluskey “would have been better off doing this case pro se for all the help he got” was one quotation of an interested party as the conspiracy theory developed that many of these facts indicating the mismanagement of the escape “were swept under the rug.” This was no doubt one of the most publicized criminal trials for the year, yet the courtroom proceeding, although short and sweet to the tune of harmonious agreements between judge and the state kept the process in check and revealed nothing more or less that would incriminate the state in its future defense of the Haas family lawsuit not yet scheduled to be heard at this time.

Sources:

http://www.myfoxphoenix.com/dpp/news/justice/judge-says-no-to-cameras-in-escaped-inmates-trial-apx-06062011

http://www.washingtonpost.com/national/escape-kidnapping-trial-begins-for-arizona-inmate-who-escaped-from-state-prison-last-year/2011/06/14/AGWiv6UH_story.html

http://www.mohavedailynews.com/articles/2011/06/19/news/local/doc4dfdb560f1819200852868.txt