Denver magistrate separates mother from breastfeeding infant. Jail refuses pump, as they do common decency.

Denver magistrate separates mother from breastfeeding infant. Jail refuses pump, as they do common decency.


DENVER, COLORADO- A heartbreaking scene unfolded yesterday when Denver Magistrate Kate Boland decided to impose a $10,000 bond on a domestic violence detainee, against the recommendations of the husband (victim), the public defender, and even the city prosecutor, who all wanted the 35-yr-old mother of five released on personal recognizance. Most critical, no consideration was paid to the family’s month-old infant who is breastfeeding. Neither by Boland, nor the downtown detention center, known for its systemic disrespect for the rights and needs of its inmates.

You might not care how poorly criminals or their children are treated, but the inmates of jails are suspects, not convicts. They are unconvicted detainees held on some officer’s probable cause. They’re suspected of a crime, but have a right to a fair trial (under the 6th Amendment) and a right not to be punished before conviction (under the 14th). Depending on who calls 911, they could be YOU.

For those reasons (and the Golden Rule and the social contract), jails have to show a semblance of concern for the still innocent lives disrupted in their care. Denver’s Van Cise-Simonet Detention Center has a famously outlandish record in that regard. Marvin Booker and Michael Marshall are two well known extremes to which Denver sheriffs deputies have disrespected inmates’ lives. A rare survivor, Jamal Hunter, was awarded $3.25 million for beatings he received there. Unfortunately his settlement was contingent on burying the evidence of broader misconduct, thanks Jamal.

Those cases have generated reviews and reforms, but abuses persist. Isn’t it amazing that after repeated court-ordered overhauls, the public could still be told “the detention cenver has no protocols for breastfeeding mothers.”

Magistrate Boland made no allowance for the accused mother to maintain her feedings. After the morning hearing, friends learned the jail didn’t care to accomodate the mother either. That afternoon Baby Thomas became ill and began vomiting, so the father brought the baby to the visitor’s lobby hoping emergency visits could be arranged. The jail said no, though after some persuading, a sergeant agreed to convey a breastpump to the mother if one was supplied. A device was purchased and submitted, but the jail recinded their offer. This time a charge nurse named “Monica” explained she was under no obligation to comply, that she’d called her boss at Denver General who confirmed it. Without a court order, she said, the jail had no further responsibility.

By now activists with Denver Court Support were agitating online about the plight of Baby Thomas. The jail was innundated with telephone calls. The sheriffs cleared the public lobby, cancelled visitations, and put the facility in lockdown in anticipation of a rally.

Nevermind feeding Baby Thomas, release his mother immediately. Activists had raised the monies needed to hire a bondsman to post the bond. The jail was urged to expedite the mother’s release once bond was posted.

Shouldn’t inmates be release when they’ve paid to have their freedom? This is where the Van Cise-Simonet’s disrespect is arbitrary, punitive, and universal. Time to process inmates, either intake or release, takes forever, or just feels like it. Denver’s Van Cise-Simonet Detention Center likes to take a MINIMUM of 11 HOURS for these proceedures.

The pretext for the first delay is “for fingerprints to clear”. Enough time for INTERPOL in Timbuktu to review your prints and give the all clear, because they can’t be expected to be standing at the fax machine at all hours of the day, the jailers explain.

That step is required before a bond can be posted. Once a bond is paid, an inmate’s release requires a second computer delay. Also commonly at least eleven hours. The jailers attribute that wait to “that’s how long the system takes.”

On occasion we’ve seen public pressure result in a shortening of the release time. The upshot is the the release time appears to be at the jail’s whim. In the case of our breastfeeding mother the jail wouldn’t budge.

Worse for Baby Thomas’ mother, someone new to the bonding desk re-initiated the print clearing process instead of terminating it. She had to wait another interminable cycle.

The mother was taken into custody on Monday, her prints cleared by Tuesday morning. After the hearing in Room 2300, where the $10,000 bond was set, the bondsman tried to pay but learned he had to wait. The aforementioned administrative error meant it wouldn’t be before WEDNESDAY morning when her bond could be posted. Everyone is awaiting her release STILL.

As it stands, the mother is supposed to be fitted with an ankle bracelet by 8pm today. That will make it more than 48 hours that she’ll have been in custody. Mothers under stress withheld from feeding infants can stop lactating in less than that time.

The specifics of this domestic violence case are few. A neighbor called the police because the mother was seen holding a knife. The police chose to charge the mother and take her into custody. Who knows what the whole story is. The Denver Court Support activists didn’t get involved to solve the couple’s problems. Because that’s beside the point.

A child shouldn’t have to be harmed while authorities sort this out. An infant deprived of breastmilk suffers a calculable detriment which this magistrate and this jail could minimize, if they cared.

It’s hard to imagine anyone cares at Van Cise-Simonet. The jail is notorious for inedible food and poor health standards. The 23-hour lockdown is standard in all pods. Right now we hear that inmates are sleeping three to four in a cell which has only bunks for two. The one or two extra sleep on the concrete floor. This of course in addition to the litigated sadism of the Denver jailers.

Last night, outside the door of the jail, the Denver sheriffs deputies eventually re-admitted visitors into the lobby at 8pm, but kept the activists outside. Then deputies lined up and started warning the father’s friends to “calm down”. That warning and the posture of the deputies was recognizable to activists –and to many African Americans– as the precursor to the use of tasers. The only option was to leave.

UPDATE: The mother wasn’t able to rejoin her children until 10PM Wednesday. The baby is okay, although no doubt impacted by the interrupted feedings. At a public meeting the next evening to address law enforcement accountability to the community, activists told officials about what happened. They were told by the Denver Sheriff Patrick Firman that the jail DOES HAVE A POLICY to handle breastfeeding and that he was very sorry his employees didn’t know to tell the complainant.

You won’t see Michael Marshall in his jail death video because his body is obscured by five deputies killing him

 

 
DENVER, COLORADO- Never mind the video showing the in-custody killing of trespass suspect Michael Marshall, says Denver District Attorney Mitch Morrissey, “Most of Mr. Marshall’s body is not visible in the majority of the video footage after he is taken to the floor because the deputies bodies’ block the view of the camera.”

That’s right, it took five sheriff deputies to keep the 112 lb. Marshall floored. “He was surprisingly strong” said one of the deputies, which is the same compliment deputies paid to Marvin Booker, another 135 lb. 50 year-old African American man whose schizophrenic episode was treated with a lethal dose of dispassionate elbow grease.

The Denver DA announced today he had no plans to prosecute the dentention center deputies for Marshall’s sudden involuntary release from confinement. The DA ignored terrifying details from the earlier coroner’s report but adds previously unknown facts which will be revealed when the video is made public later this week. He reports that “OPN devices (nunchucks) were used on Mr. Marshall’s ankles” and “a leg chain was placed on his lower legs.” Michael Marshall “struggled on the floor for over 2 minutes before he went limp.” and it took deputies 13 minutes and 20 seconds before Marshall was placed into a restraint chair where nurses discovered he wasn’t breathing.

Ignored completely are the damning details listed by the medical examiner: the blood in Marshall’s lungs and pulverized muscle tissue consistent with beating.

Instead Morrissey concentrates on aspiration as cause of death. Did it cause Marshall’s death or did others factors contribute? By other factors he’s not talking about the 900lbs of deputees.

As with Marvin Booker, police experts blame not the excessive use of force but the victim’s exertions against the force, struggling to breathe under a pile of officers very specifically. I’m reminded of the adage, it’s not the fall that kills you, it’s the sudden deceleration at the end. Michael Marshall couldn’t breathe, he kept trying alegedly, and the officers weren’t going to loosen their hold until he was comatose.

The city attorneys office plans to release the jail surveillance video tomorrow. You won’t see Michael Marshall but you’ll see the deputies who wrestled the slight-built Marshall to his death. The DA report lists their names: sheriffs deputies Bret Garegnani, Carlos Hernandez, Smajo Civic, Thanarat Phuvapaisalkij, and Sarah Bautista.

Marshall’s death hasteners join Marvin Booker’s killers, deputies James Grimes, Kyle Sharp, Kenneth Robinette, and Sgt. Carrie Rodriguez, all still on the jailhouse team. Except Deputy Faun Gomez, who was disciplined for another excessive force infraction and now serves with the highway patrol.

The atrocity of Michael Marshall’s autopsy is what they already knew


DENVER, COLORADO- Fifty-year-old schitzophrenic Michael Marshall died in the Denver jail in the same fashion as Marvin Booker five years ago. The city was made to pay out six million dollars for Marvin’s wrongful death but refused to discipline the deputies involved. Michael’s relatives await the release of security camera video to confirm not only another six officer pile-on, but it might have been the same personel. Actually the sheriff has admitted to the family that six deputies were on the scene, but that one of them sat it out. The sheriff would not confirm or deny the math of how many deputies were sitting on Michael Marshall when they induced his cardiac arrest. The autopsy reveals Michael asperated on his own vomit due to a spitguard placed over his mouth. The autopsy itemizes the effects of a brutal beating which left over a cup of blood in Michael’s lungs. But to me the most damning details were in the hospital’s initial diagnosis, kept from the public for reasons of medical privacy. When Michael’s body left the jail and for a week after, the news could only report that he was on life support. Unlike with Marvin Booker, the Denver Sheriff deputies hadn’t killed Michael Marshall. His family and the community awaited his recovery. But Michael would never recover. “Life support” describes his status as innacurately as “comfort care” describes the act of unplugging him.

To translate:
Michael Marshall arrived at the hospital effectively brain dead, not breathing, his body already acidifying, and his muscle tissues tenderized, ie breaking down. These are points of no return which should be recognizable to reporters on the crime beat, and likely to detectives and law enforcement managers who’ve seen this kind of thing regularly. The Denver public would know that it sees this regularly except that it’s lied to about what Denver police and sheriff deputies are doing regularly.

Though the coroner begins the paragraph noting Michael’s history of polysubstance abuse, without implying it had import, he closes the review with the detail that a pee test showed Michael was clean.

Police toss brutality victims and video evidence in box with Schrodinger’s cat

Michael MarshallDENVER, COLORADO- Denver jailers killed 50-yr-old schitzophrenic Michael Marshall in the exact manner they killed Marvin Booker five years ago except this time they kept it under wraps. By throwing their victim’s body in with Schrodinger’s cat. Authorities in Denver and Minneapolis have learned you can have your cake and kill it too, so long as you postpone the public learning what the outcome was. It’s the lesson of Schrodinger’s Cat. If you kill an unarmed man, for god’s sake don’t drape him in a shroud. Ship his body to the hospital under guard and stick it on life support. Medical privacy laws forbid health workers from disclosing the patient’s fate. Minneapolis police held off public outrage over the shooting of Jamar Clark with the same technique: say he’s on life support until it’s no longer plausible. Schrodinger’s box works for damning videos too. Until the public can open the box, hopefully never, the police did AND didn’t commit the atrocity.

Denver Detention Center a user’s guide

eric verlo denver detention center sheriff county jail
The Denver Detention Center came under scrutiny after the county had to pay out over $6 million to the family of street preacher Marvin Booker who was killed by sheriff’s deputies while in custody. Reforms may or may not have been implemented; the deputies were neither charged nor dismissed; and the facilities remain defiant about disrespecting your rights. I had the opportunity to visit the DDC recently and I can report the experience was miserable. While the public often thinks that inmates deserve the worse the better, a county jail houses suspects not convicts, protected by the 14th Amendment from punishment before a fair trial.

As a detainee not an offender, you are not supposed to suffer handcuffs tightened like tourniquets, left fastened for hours as you wait in isolation cells. Those innocent until proven guilty should not be made to endure sleep deprivation in the booking area as you wait between EIGHT OR TWELVE hours for your fingerprints to “clear”, waiting supposedly for Interpol in another time zone to pop a new roll of thermal paper into their fax machine.

Although a bond may be listed next to your charges on your public file viewable through the Sheriff’s online inmate search, your do not become bondable until your fingerprints clear.

If you become bondable, but someone hasn’t reached the bonding desk one hour before your scheduled court appearance, you must wait not just until court, but until after the entire docket has cleared and the paperwork is put into the system.

Once your bond is posted, the release procedure can last up to eight hours. If the magistrate checked a box on your documents requiring “pretrial services” your release will be delayed until the next morning. County workers explain that these delays are not unlawful detention but are due to regular computer inefficiencies.

I haven’t even started on the jail experience.

An Open letter to the Denver Police Department

I can see you, as you sit there reading this; yeah, you with the donut jelly and crumbs all over the keypad and mouse. Searching Facebook and all social media sites looking for information. Doing a little undercover spying and investigative work so that you can run back to inform your buddies on what’s going down. There is a term for that; you are a “SNITCH”. In case you don’t know, a snitch is someone who hides in the shadows gathering information so that they might betray another.
 
We know what information you want. What are the protesters’ plans? How many of them are there? Where will they be? What are their names? We are happy to give that information to you. Unlike you, we are not a secretive in our goals. But before we give you that info we’re going to give you a little mix of commentary and history wrapped up in the truth. You seem to get very upset when the protesters call you pigs or holler “Fuck The Police”.

Personally, I think calling you pigs is a bit of and upgrade. When every human is born there is a residue left over, it’s called, afterbirth; it serve no useful purpose, it is waste left over from making of a human being. And this is how I see you, you are the “Afterbirth” that serves no useful purpose, you are the waste product. You want and demand respect from the citizens, yet you fail to understand that respect is something that is given, not taken. Respect is given for acts of valor, courage and bravery.

Do you believe it was an act of bravery when you murdered a 17 year old girl, Jessica Hernandez, in the alley, or when you murdered Marvin Booker in the county jail? Was it courage when you pepper-sprayed a 12 year old child in Civic Center Park on April 29th? Did one of you even think to go to that child and give medical assistance or maybe an apology? Or were you too busy looking for the next victim to assault? I can only assume you are brain-dead if you think these act will gain you respect.

The advent of the cell phone camera and internet has shown who and what you really are, that afterbirth, I mentioned above.

Back in the 60s we did not have cell phones to record your criminal conduct, but if you take the time to Google “Art Winstanley” you will discover you are not the first criminal cops. Art was one of Denver’s Serve & Protect cops who was also a burglar while on duty. When Art got caught, he “Snitched” on over fifty other cops who were in the burglary ring. He began his snitching after he was served a piece of cherry pie. How’s that for serve and protect?

And somewhere in your ranks is another Art who will come forward and expose your criminal deeds against the citizen. We don’t know who or when, but you can be sure, he or she is there to snitch on the rest of you.

Now about that information you looking for; I won’t give you any names, because unlike you, I’m not a SNITCH.

How many is there of us? We are many and our numbers are growing, your days and deeds are numbered.

Where is our next action? It will be everywhere on the streets, calling you out for your criminal deeds. The days of hiding your crimes are over and we will expose you.

Denver Anons light torches in spite of being surrounded by five SWAT SUVs

Anonymous Denver
DENVER, COLORADO- Anonymous activists converged on the capitol on Sunday, as they do “Every 5th”, this time to remember the growing list of victims of Denver police violence, and this time was going to be different. This time the call went out for torches or similar flamables and enough unnamed Anons delivered. As dusk approached and numbers grew, so did sightings of SUVs ferrying riot cops, at five staging areas. Despite another SUV whose officers were glued to binoculars, and a new HALO camera installed on a nearby streetlight, Anonymous lit its torches to send an angry message before the police rushed in.

Justicia para Jessie Hernandez
This banner commemorated Jessica Hernandez, the Latina teen killed by DPD on January 26. Others remembered were: Joseph Valverde, Ryan Ronquillo, Alberto Romero, Ismael Mena, Mark Ashford, James Watkins, Marvin Booker, David Flores, Clay Rampon, Carlos Jurado, Joel Jurado, Juan Vasquez, Eric Winfield, Alex Buck, Jared Lunn, John Heaney, Michael DeHerrera, Nicolas Alvardo, and Kevin Ryberg. Anonymous also called for justice for survivors Sharod Kindel and Alex Landau.

BREAKING: Denver deputies owe $4.6M for excessive killing of Marvin Booker

DENVER, COLO.- A jury reviewing the case of Marvin Booker v Denver County Sheriff’s deputies has awarded $4.6 Million to the Booker estate for the excessive force that caused his homocide. Is this justice? Not yet, but it is a huge victory against police brutality at a moment when cities across the nation are errupting in protest and police officers have yet to be charged with wrongdoing. The five deputies who killed Marvin Booker have now been found culpable. The next step would be criminal charges. BTW, after the verdict was read, the five were given an armed escort out the back door away from the courtroom audience. Next time let’s see that happen in shackles.

US torture industry defends its murder of Marvin Booker at Denver federal courthouse

Stop whining murderous crybabies
DENVER, COLO- Well, you’ve almost missed the most compelling courtroom drama this side of television. Although even on TV you don’t see a judge having to repeatedly admonish the audience to refrain from reacting with audible incredulity at the clueless ambivalence, awkward dissembling, and brazen lies being told on the stand by sheriff deputies and their witnesses concerning the death of Marvin Booker, 56, in their custody on July 9, 2010. National law enforcement experts have been flown in to defend the Denver Sheriff’s Department policies. It’s been quite a laugh and the jury seems wise to the scheme. Closing arguments begin Friday. If you’ve followed the Denver Post coverage you can skip the next paragraph, but those who’ve been packing the federal courtroom these past three weeks can assure you, you haven’t been treated to the half of it.

Four years ago Marvin Booker, an itinerant African American street preacher who weighed 135 pounds, died under a pileup of Denver Sheriff deputies simultaneously restraining him, kneeling on his prone body, twisting his wrists, contorting his ankles with nunchucks, choking him by the neck, and Tasing him. All of these methods are permitted means of “pain compliance”. Denver County Jail deputies assert they were trying to stop Booker from struggling. Asked one juror: “Could you keep still if you thought you were being killed?”

They held Marvin Booker in a carotid choke hold for two and a half minutes, and tased him for up 27 seconds.

Perhaps you’ve heard about the anomalies. The deputies met afterward to get their stories straight. Surveillance footage is missing, video of inmate witness testimony is missing, the taser is missing! Now everyone’s memory has gone missing too, they even try the excuse in the present. “No I don’t recall seeing myself do that in the video just now.” But most of what may be damning video is gone. The deputies were said to be high-fiving themselves afterward in an area where the camera footage is missing.

The significance of the missing taser means follow-up investigations can conclude its use is unproved. Another taser with a timestamp indicating it was deployed at an event forty minutes later, was fired for eight seconds. The video and inmate witnesses suggest Booker was tased for 27 seconds, but because the first taser surrendered to investigators hadn’t been fired at all, authorities are allowing for the implausible: that Booker wasn’t tased at all.

[work in progress]

MIND THE GAP, chides Occupy Denver

Mind the gap
DENVER- Concert, 1000-strong march, and the customary Broadway sidewalk shenanigans. Here’s a paint-tub drummer, PVC didjeridoo and my vote for best sign: MIND THE GAP. Saturday’s musical festivities in Civic Center Park meshed well with the annual Zombie Crawl, but the day’s highlight came after dark, when Denver’s anarchist community held a march against police brutality in memory of DPD victim Marvin Booker. The unpermitted route began at Denver Zoo and defined “Whose streets? OUR STREETS!” as it took 23rd, York, Colfax, Broadway, around OCCUPY DENVER’s CC park and into the 16th Street Mall where nocturnal Zombies swelled the ranks and found themselves chanting and carrying the banners STOP POLICE TERRORISM and LAW ENFORCEMENT: END YOUR WAR AGAINST THE PEOPLE.