Finally, the Law Goes After Joe Arpaio -- the Most Abusive Sheriff In America

Posted by Emptywheel, Firedoglake at 10:47 AM on February 14, 2009.

The House Judiciary Committee made a critical and public step to rein in a terrible Arizona "lawman."

Hard to imagine, but he's even uglier on the inside.

You have probably heard of the shamelessly self professed "Toughest Sheriff in America", Maricopa County Arizona Sheriff Joe Arpaio. For years he has been making a PR spectacle of himself, all the while running an unconstitutionally deplorable jail system, letting inmates die under tortuous conditions, and violating the civil rights and liberties of everybody in sight, especially minorities. Last week, the House Judiciary Committee made public a critical and public step to rein in the Most Abusive Sheriff In America.

From the HJC press release:

House Judiciary Committee Chairman John Conyers, Jr. (D-Mich.), and Immigration Subcommittee Chairwoman Zoe Lofgren (D-Calif.), Constitution Subcommittee Chairman Jerrold Nadler (D-N.Y.), and Crime Subcommittee Chairman Bobby Scott (D-Va.) called on Attorney General Eric Holder and Homeland Security Secretary Janet Napolitano to investigate allegations of misconduct by Maricopa County (Arizona) Sheriff Joe Arpaio.

Sheriff Arpaio has repeatedly demonstrated disregard for the rights of Hispanics in the Phoenix metropolitan area. Under the guise of immigration enforcement, his staff has conducted raids in residential neighborhoods in a manner condemned by the community as racial profiling. On February 4, 2009, Arpaio invited the media to view the transfer of immigrant detainees to a segregated area of his "tent city" jail, subjecting the detainees to public display and "ritual humiliation." Persistent actions such as these have resulted in numerous lawsuits; while Arpaio spends time and energy on publicity and his reality television show, "Smile… You're Under Arrest!", Maricopa County has paid millions of dollars in settlements involving dead or injured inmates.

...

It is time for the federal government to step in and uphold the rule of law in this country, even in Maricopa County."

"Law enforcement is not a game or a reality show, it is a public trust," said Scott. "There is no excuse for callous indifference to the rights of the residents of Arizona, whether in their neighborhoods or as pretrial detainees."

The full official text of the letter to Napolitano and Holder is here.

It is high time that somebody on the national scene notice, and the Federal government take action on, the egregious and violative conduct of Joe Arpaio.

Joe Arpaio is a two bit carnival barker and huckster, not a dedicated law enforcement official. The opportunistic man came into office running against a fellow Republican and incumbent Maricopa County Sheriff, Tom Agnos, by bad mouthing Agnos and arguing that the entire Maricopa County Sheriff's Department needed to be cleaned up. In fact, Arpaio's winning campaign was predicated upon his willingness to mock the very department he was running to lead and promise to expose the dirty laundry of Agnos and the Sheriff's Department for its involvement in the infamous Buddhist Temple Murder case (link is a fascinating three part story), a seminal case in textbooks on coerced confessions (from the fact that four separate coerced false confessions were obtained to a single crime). Arpaio promised to restore honor to the department, and also swore he would serve only one term in office. Five terms and seventeen years later, Arpaio has failed miserably on both promises.

The upshot of the House Judiciary Committee's missive to Attorney General Holder and DHS Secretary Napolitano is that Arpaio's:

...repeated course of conduct, which values publicity opportunities over the civil rights of residents of Arizona, is too disturbing to leave enforcement of the civil rights laws to private litigants. There are several tools at the federal government's disposal to address these allegations, and we urge their prompt consideration and application.

In short, the HJC is demanding that a full panoply of federal civil and criminal laws and remedies be brought to bear by the arms of federal law enforcement. One of the grounds for the HJC demand is Arpaio's acts earlier this month, described in the letter as follows:

Most recently, on February 4, after making sure to alert the media, Arpaio reportedly paraded approximately 200 suspected illegal immigrants in shackles to a segregated area of his "tent city" county facility, where they will supposedly remain until they are adjudicated and have served any sentences they face for local violations. The New York Times described this conduct as "ritual humiliation." The men who Arpaio is displaying like trophies are reportedly in pretrial detention, not having been convicted of any crime.

If you want to understand the true extent of Sheriff Joe's war on brown people, the Phoenix New Times' expose "Guadalupe Made It Clear That Joe Arpaio’s Attacking Anyone With Brown Skin" is an absolute must read. Seriously, it is a long piece, but to call it chilling and important would be an understatement, and it is superb start to finish. Here is a taste:

With spirited protesters and helmeted deputies on horseback, the night of April 3 in Guadalupe was like some historical reenactment, albeit in miniature, of a late-'60s anti-war melee. You know, the kind chronicled by Norman Mailer in one of his seminal "non-fiction novels" of the era, such as Miami and the Siege of Chicago or The Armies of the Night.

...

Following up on his criticism of Arpaio during a César Chávez luncheon in March, Phoenix Mayor Phil Gordon addressed a letter to the U.S. Justice Department asking for an investigation of the sheriff. The letter was dated April 4, the second day of the MCSO's Guadalupe sweep, and the MCSO's actions in Guadalupe figured prominently in the missive.

Egregious to be sure, but hardly the only such acts by Arpaio, and certainly not the worst. Let's go through some of the others alluded to in the letter, although not described in detail.

Arpaio was little more than halfway through his first term in office when his policies and jail conditions first came under investigation for abuse by the US Department of Justice. Shortly after that, and still during his first term in office, young Scott Norberg died in Arpaio's jail as a result of said policies:

[Norberg] was in Arpaio's jail just 15 hours before he was handcuffed by guards, kicked, stomped on, and then strapped into a restraint chair. There, guards held a towel over his head, literally suffocating him. Medical records later revealed that he had been shot with a stun gun at least 14 times and beaten so badly that his larynx cracked.

That one cost the taxpayers of Maricopa County $8.25 million, but did not deter the Most Abusive Sheriff in America; instead, he seemed to get off on the notoriety. There were more unnatural deaths in Arpaio's jails, from a variety of causes, after Norberg. The belligerent Arpaio finally stopped the deplorable use of the restraint chair in 2006 after fighting demands by citizens and federal overseers on the issue for nearly a decade.

What caused Arpaio to finally give up his demonic obsession with the restraint chair that killed Scott Norberg? Ah, glad you asked:

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.

There was at least one more death at the restraints of Arpaio's cherished chair, Clint Yarborough in 2005. It should be noted that neither Norberg, Agster, nor Yarbrough were ever tried or convicted for the charges they were arrested on; none of them lived to see their first court date and died innocent men under the law. Those are just the deaths associated with the medieval restraint chair, there have been numerous deaths from improper or complete lack of medical care, neglect and other perils.

One of the other examples of the decrepit conditions Arpaio presided over is that of Kathleen Carey:

READ THE FULL STORY

Plese digg this story

Arpaio's forced march

SOURCE:

Read the Article | La Frontera Times Circo, maroma y teatro | La Frontera Times

"There was all the symbolism necessary for the glory he seeks: hundreds of brown men dressed in prison stripes with pink underwear protruding from their waists, surrounded by even more heavily armed guards and at a given moment an old man gave a signal and they were marched through a pubic street into a tent jail that would house only other men of their color and status surrounded by a high electrified fence...
and the old man pontificated about the law..."

Read the Full Article | La Frontera Times

Published by Alfredo Gutierrez - 04/02/2009

Maricopa County Sheriff Joe Arapio carried out his threat, his order that “approximately 200 illegal aliens to be chained and marched into a separate area of Tent City, their new place of incarceration until their sentences are served and the illegal aliens are deported to their home countries.”

The march took place on the afternoon of Wednesday February 4, 2009. Over 200 inmates were marched in chains from the Maricopa County Durango Facility Jail to a special unit of Tent city.

The new unit is a segregated facility intended to hold only “illegal aliens”. In a press release sent out earlier Arpaio comments with an obvious attempt at humor: “this population is more adept perhaps at escape. But this is a fence they won’t want to scale because they risk receiving quite a shock-literally.” The fence surrounding the new “illegal alien unit” is the only electrified fence surrounding inmates at Maricopa County’s various jail facilities. This population, Latino’s, are often characterized as being built close to the ground by xenophobes of Arpaio’s ilk so reporters waited vainly for descriptions of anti-tunneling technologies that provided cruel disincentives to escape.

The detainees were marched the short distance, perhaps 200 yards from the Durango Jail to the facility. The parade was on a public road, Gibson Street in Phoenix, but the road was closed to all but the press. The press was notified of the public spectacle the day before and arrangements were made for all media to be present and photograph and film the prisoners. All the major television stations were present as were newspapers and radio and television helicopters hovered overhead. The forced march though short had one intended effect: it was a publicity orgy for the Sheriff.

During his brief conference before hailing the show to begin Arpaio boasted that he was doing the “illegals” a favor

"They like it out here. Okay? They'd rather be here than in a hard facility," he said. "Here, they have the beautiful sun. They can walk around and it's a nice program."

No one in the press corps volunteered to stay a few days.

More photos at La Frontera Times Blog

Coincidentally earlier in the day Arpaio had requested all e-mails, and phone logs from the office of Supervisor Wilcox, her chief of staff and 34 other county officials. The Sheriff ‘s press secretary responded to an inquiry regarding the email request by saying

Here is an official statement regarding your telephonic request for clarification on a letter sent to the Board of Supervisors on January 30, 2009. The records request is for a criminal investigation currently being conducted by the Maricopa County Sheriff’s Office.

Ms. Wilcox reiterated that Arpaio’s tactics were intended to intimidate the Hispanic Community and also the Board of Supervisors. “I will not be intimidated by Joe Arpaio.” She said. Given that Arpaio’s twin tormentor, the County Attorney of Maricopa County recently indicted another Supervisor Ms. Wilcox’s statement was particularly courageous and risky. So there would be no misunderstanding she repeated it “I will not be intimidated”

Read the Full Article | La Frontera Times

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FROM: "DOS CENTAVOS"

Wednesday, February 04, 2009

Closing Down Gitmo? Close Down Arpaio's Tent Prison!

One of Arpaio's Immigrant Tents--Outdoor "Living" in Arizona's 120 degree weather? (Photo Credit--Andrew Parkin)

Here's a press release from the National Immigration Forum on Sheriff Arpaio's treatment of immigrants in Arizona:

Fear and Hate Policies Along the Border: R.I.P.

SOURCE:

Arizona Watch

New America Media, Commentary, Roberto Dr. Cintli Rodriguez, Posted: Feb 03, 2009

Editor’s Note: Just as President Barack Obama has ordered a review of the cases at Guantanamo, it is high time that he take a look at the immigrants who have been convicted in sham trials and housed within the U.S. borders, writes Roberto Dr. Cintli Rodriguez. Rodriguez writes the column Arizona Watch for New America Media.

TUSCON, Ariz. -- For those who favor militarization and strict border enforcement along the U.S.-Mexico border, the Bush era has now become the “good ol’ days.” Yet, it is not yet certain that when it comes to immigration, President Barack Obama represents a radical change – or any change at all.

What is certain is that the previous fear- and hate-based approach was ineffective. More importantly, the Obama administration’s examination of Bush’s immigration policies will show that the approach was not simply wasteful and a massive drain on the national budget; it also did not produce any wealth. The same could be said for the entire Department of Homeland Security. Born out of fear, this department symbolizes both the failure of the Bush administration and the epitome of big (brother) government.

Nothing symbolizes Bush's failure more than building a wall along the U.S.-Mexico border. An official from Customs and Border Protection recently announced that the 669 miles of fencing along the border – as ordered by ex-president Bush – is now almost complete at the cost of nearly $3 billion since 2006. Half of it is built along the Arizona border. It is a perverse idea that necessarily begs the question: Why 669 miles, as opposed to the full-length of the
U.S.-Mexico border? And more importantly, why not a wall along the U.S.-Canada border, or impregnable barriers along the U.S. coastlines? Not coincidentally, Bush exempted the fencing of the border from many federal laws, including those involving environmental protections.

In Arizona, the walls are tragicomic and appear to be anachronistic and more, a monument to fear and hate. With the advent of the Obama administration, the border hence has become a symbol of the past struggling to survive in the future. Its only chance appears to be more fear and more hate.

Several weeks prior to Obama being sworn in, I went to witness for myself "Operation Streamline" – a mockery of a judicial proceeding that generally convicts 70 migrants every day in federal court in about one hour. Generally, the migrants, mostly men, are sentenced to a private prison and then deported. Since Obama’s inauguration, I've gone back and the sham trials continue. And the money flowing to the Corrections Corporation of America (CCA) private prison continues unabated to the tune of $11 million per month.

Just on the basis of the nation's massive economic crisis, this operation should be terminated immediately. We now are faced with the shameless slashing of education budgets nationwide while jail and prison budgets explode through the roof. In the meantime, this nation continues to fight two costly wars on borrowed credit.

Fear, hate and irrationality lost the election. President Obama knows this better than anyone. This is why he was quick to order the closure of Guantanamo and why he has called for the end to torture.

This is a good beginning. However, to truly create a new nation, the changes have to come not simply in the realm of U.S. policies overseas. Here, in the United States, there is an entire detention system set up to house thousands of migrants, including women and children. They are generally incarcerated without rights, without due process and without trials. In Texas, the Hutto detention facility (also operated by CCA) continues to inhumanely imprison migrant children, separating them from their families. According to the recently released "Unseen Prisoners" study, by researchers from the
University of Arizona, some 300 migrant women were being held in 2007-2008 in three detention centers (two are operated by CCA), subjected to unwarranted and inhumane conditions.

These facilities are not abroad, just as Operation Streamline does not operate overseas. And just as the president has ordered a review of all of the cases at Guantanamo, it is high time that even before pondering the possibility of immigration reform, he should examine not simply the walls, the militarization of the border, the immigration raids, the detention facilities and the sham trials, but also the entire premise of his predecessor's fear-based immigration and border enforcement policies. More than examining them, similar to Guantanamo, they should be suspended and most of them should be remanded to the trash bin of history.

The president should examine the fear in this country that has produced the highest rates of incarceration in the "civilized" world.

Rodriguez can be reached at XColumn@gmail.com

Related Articles:

The Delusion of a Secure Border

Bush's Border Folly