Prisons not the economic engine communities think

 

                 A recent nationwide study conducted by researchers at Washington State University found that rural communities, like Colorado’s Prison Valley in Fremont County, have slower economic growth and lower wages than communities that don’t pander to the easy money of prison funding.

                 The study looked at a nationwide sample of prison communities over a 25 year period and was led by Gregory Hooks, chairman of Washington State University’s department of sociology with Linda Lobao of Ohio State University.

                According to Hooks, “We provide evidence that prison construction has actually impeded economic growth in those rural communities that were already growing at a slower pace.”  He continues by saying, “There is a visible pattern of earnings and employment growth…those counties without a prison have the highest annual rate of growth – and those with a newly built prison grew at the slowest pace.”

Why prisons depress an economy

                Research from the University of Mississippi found that most prison jobs actually go to people living in adjacent communities.  It is the adjacent communities that receive minimal economic boost from their proximity to a prison town.  While the communities closer to the prison become known as “prison towns” and discourage other forms of economic development.

                The report also shows how business that would normally employ local workers and develop local industry, instead contract with prison industries to use cheap prison labor and manufacture goods inside the walls of the prison instead of the community.  Fremont’s Correctional Complex uses cheap inmate (slave labor) to weld everything from dumpsters to prison cells for clients in and out of the state of Colorado.  Fremont also has a fiberglass manufacturing business that produces industrial size fish tanks for commercial harvesting.  Both these industries, if done outside the prison walls, would provide economic growth and living wage employment for citizens in the community.

                Hooks concludes, “Regardless of the ideology and political aims, claims that prison construction accelerates local economic development fly in the face of mounting evidence that state and local initiatives rarely impact local growth.”  

Suthers on Hot Seat Over Misleading Statements

Is the state's 37th attorney general, John Suthers, misleading the public for personal and political gain? Colorado citizens want to know and their calling Suthers out in print.

In a letter to The Denver Post opposing HB 1271 that would restrict prosecutors authority to charge children as adults Suthers wrote, "During the 1970s, 1980s and the early 1990s, Colorado experienced an alarming and continuous increase in violent crime committed by children. The problem culminated in 1993's "summer of violence"   Suthers goes on to claim that crime decreased after prosecutors got the authority to charge children as adults without judicial oversight - a process called "direct filing."

Rick Jones and Lizzy Stephan from The Bell Policy Center in Denver disagree   with Suthers' representation of the fear provoking summer of violence.''

Writing in response to Suthersl claims, Jones and Stephan say, "The research does not support attorney General John Suthers' assertions.... Crime did not decrease in Colorado simply because we shifted power to prosecutors...juvenile crime has gone down everywhere, even in states without direct file; further, research has shown that direct file does not increase public safety.''

Janet MacKenzie of Denver also disagrees with Suthers version of the truth. MacKenzie writes in The Post, "The total number of deaths that summer was substantially below the numbers in previous years, but government officials felt pressured to 'do something.'''

MacKenzie highlights an important aspect of direct filing practice that may point to why Suthers is willing to alter history to defend it, "under our present law, prosecutors are able to weight the guilt of the accused by their direct file before the defense has a right to defend."

Currently Colorado is only one of four states that allow prosecutors to try children as adults without judicial oversight.

John Suthers is known to his critics as "The Grand Inquisitionor" for his decades of work in the Colorado prison and prosecutorial fields. Before becoming the head prosecutor in the state, Suthers was a District Attorney, a one-time director of the Department of Corrections, and a federal prosecutor in Denver.

Suthers is one of the few people in the nation that can say they had a suspect arrested, prosecuted them, and oversaw their incarceration.

Can there hope to be any balance, any perspective left in a person with such a history? Suthers comments in The Post suggest not.

During his time as prosecutor and director of CDOC Suthers participated in an unprecedented increase in convictions, the passage of laws that treated children suspects as adults and sent nonviolent offenders to prison for life - resulting in an explosion in the state's prison population. At its high point the state had over 24,000 inmates and 1 - 28 Colorado citizens under correctional control. Suthers' livelihood has revolved around prosecuting and incarceration - the life of The Grand Inquisitor was good in Colorado.

It is no wonder than that under the promoting of Suthers and two-time prison czar Ari Zavaras the Colorado legislature was convinced to spend $220.4 million taxpayer dollars on a new unneeded prison.

Both Suthers and Zavaras lobbied the legislature saying the prison was critical to the state - first to stem overcrowding, then to stop an increase in institutional violence. Both arguments given by Suthers, like the summer of violence argument, were not true when compared to CDOC statistics and reality.

In 2009 when the state was too broke to open the new CSP 2 multimillion dollar prison and had to cut $260 million from education, Suthers and Zavaras again went to the legislature to get more money for the prison and stop a move by lawmakers to sell the unneeded unopened expensive prison.

Suthers again claimed institutional violence and overcrowding, and added it would be too dangerous not to open the prison under CDOC control.

Now, the multimillion dollar prison that was only open 18 months and only filled to a quarter of its capacity is scheduled to be closed. Independent auditors found Colorado overused segregation and that many of the inmates in the new prison were mental patients who suffered by being locked in isolation for 23 hours a day without mental health treatment.

The auditors also found that Colorado's prison population had been decreasing and there unused beds in many facilities.

Lawmakers are now saying they were lobbied hard by DOC for a prison that wasn't needed and shouldn't have been built. Many feel deceived by Zavaras' and Suthers' testimony and public statements.

Suthers, who spent his entire professional career knee-deep in Colorado's criminal justice system, would have known these things, yet he continued, and continues, to lobby the legislature for more money and power for prisons and prosecutors. Why are we still listening?

Governor's True Colors

What did we learn about our Governor this week?
1.  He is not fit for a national ticket.
2.  He is probably a border-line sexual deviant.
3.  He seems a perfect fit for Colorado.

Gov. John Hickenlooper made two sexually charged comments this week - one of the comments was made to a gathering of 40 elementary-school children. During an event honoring literacy, Hickenlooper introduced his Lt. Gov. Joe Garcia as, "that rising sex star." In an attempt to correct himself, Hickenlooper rephrased his introduction to, "symbol, I mean symbol, not star."

Hard to know why Hickenlooper would think "symbol" more appropriate than ''star'' when talking to children. Did he think the young girls would find Garcia sexy? "Gag" is probably a more accurate response.

The next inappropriate sexual remark came days later at a Colorado Business Committee for the Arts event. While introducing Denver Mayor Michael Hancock, the Governor told 630 attendees that Hancock's wife was an award-winning singer and then added, "We read about how President Obama sings to Michelle in the shower. So you can just imagine what the mayor gives his wife in the shower. Uh, I mean what SHE gives him."

Hickenlooper's politically astute wife tried to cover for her husband's public deviance saying, "He isn't a typical politician, always ready with a glib comment." The problem with her justification is that the Govenor was not ambushed by aggressive journalists demanding comments, he completely contrived these introductions and chose to sexually offend elementary-school children and sexually harass the Mayor's wife - let's just call it what it is, and not be "typically political."

The Governor's wife and handlers try to brush it off as "aw-shucks" comments from a cow boyish (not really a cowboy, but will wear the hat) former brew master, but that's not what Hickenloaper is. Hickenloopcr is a professional politician, first as the long term (if ineffectual) Mayor of Denver, and now as Governor. With this kind of background his comments can't be discounted as inexperience - he meant what he said.

Members of Denver's black community agree, Rev. Timothy Tyler, pastor of Shorter Community AME Church in Denver, told reporters, those of us who believe in decently and respect are not amused."  Both Garcia and Hancock are black.

Hickenlooper has a mixed relationship with the state's black community, they support his as a Democrat because they know their lives would be worse under a Republican administration, but they are angry and distrustful of the Governor for turning a blind eye to white police brutality and the murder of minorities in Denver while he was Mayor. It took Hancock to bring in a new black police chief from out-of-state to try and change. the culture of abuse entrenched during Hickenlooper's leadership of the city.

Hickenlooper chose to back the powerful police union and rode his "do nothing'' police policy into the Governor’s mansion. Politically a smart move in Colorado, morally...you decide. The recognition of the Governor as a sexual harasser and part-time bigot will probably not hurt his standing in the state.

Had he been Governor on either coast he would now be considered a one-termer, but not in Colorado where minority lawmakers are greatly underrepresented and even Speaker of the House Frank McNulty likes to make public sexual remarks about the size of his gavel, "Be careful with this one. It's bigger than the one you're used to handling."

It is comforting though that someone who sexually offends children and sexually harasses a colleague's wife, will probably never get a chance to stand on the national stage - thank goodness for moments of truth disguised as political gaffes. Relax Colorado and give up the delusion, Hick is not the guy the nation wants.

Chilly Child Turns Criminal

Colorado is not known as Colorado incarceration state for nothing this week channel 9 News reported a sixth-grader from Shaw Heights Middle School was handcuffed, put in a squad car, and taken to a juvenile detention center for walking away from an assistant principal who stopped the child from getting her sweater during lunch.

The girl reportedly   told the school official she was cold and, "I don't have time for this." The middle schooler was taken to a counselor's office and then handled over to police.

Report finds CDOC using Invalid Polygraphs that Keep Inmates Incarcerated

An independent research specialist found Jeff Jenks, the Colorado Department of Corrections (CDOC) polygrapher, used inadequate   equipment and unauthorized techniques when giving exams to hundreds of inmates under the Lifetime Supervision Act.

The report, published in January by Raymond Nelson, M.A., N.C.C., chair of the research committee and member of the Board of Directors for the American Polygraph Association (APA) was part of exhibits filed in federal court against CDOC in a class action lawsuit brought by attorney John K. Pineau of Boulder.

Jenks, whose company Amichs and Jenks has the sole contract to administer hundreds of polygraphs each year to the state's incarcerated sex offender population, is also a member of Colorado's Sex offender Management Board (SOMB.) Nelson found that Jenks' examinations did not meet APA or SOMB requirements of current standards or practice and did not produce valid reliable results. Five areas are highlighted as specific areas of concern.

1. Nelson found, ''Numerical scoring provided by Mr. Jenks, do not comply with requirements of SOMB standard 6.151. Numerical scores provided by Mr. Jenks do not conform to any published description of the scoring protocol for...any known polygraph technique."

According to Nelson, the technique used by Jenks is an nonstandard modification of an old technique not allowed by the APA because there is no way to calculate the probability of error.

2. The numerical score used, known as the Axciton Chart Analysis, is an undocumented proprietary algorithm that has no published statistical procedures to derive results causing inconclusive outcomes. This method of testing also only provides results for the entire test and not a single relevant question where the question could have several associated behaviors, many not criminal.

3. Nelson found that equipment used by Jenks did not have the required number of sensors and, "The instrumentation used...does not conform to the requirements of the Colorado SOMB or the current requirement of the APA...and is out of compliance with state and national standards.''

4. In his exam reports Jenks says medications don't affect the polygraph yet Nelson disagrees saying medications significantly affect the sympathetic and autonomic nervous system actively recorded in the exam report.

5. Nelson found that Jenks intentionally mixed test questions compromising the accuracy of the exam, a practice not endorsed by the APA. Nelson cites SOMB 6.100, "polygraph examiners shall adhere to the established ethics, standards, and practices of the APA and the American Society for Testing and Materials."

The validity of polygraph test results is a critical issue to those incarcerated with a sex offense and their families.

Successful polygraph exams are one of seven criteria established by the SOMB (where Jenks is a board member) needed to be considered for parole.

The low rate of successful polygraph results and the expense associated with testing is one of the main factors contributing to the backlog of inmates waiting years for treatment. According to state documents, in 2010 CDOC budgeted over $99,500 to polygraph just 218 inmates while over 700 inmates remained an the waiting list for treatment. It is unknown how many of the 218 inmates actually passed their exams in 2010.

The polygraph is used in sex offender treatment not to verify the crime of record, but to identify other crimes or deviant behavior the inmate might have done prior to coming to prison - these questions encompass the offenders entire life back to his earliest childhood memories.

This method of treatment is ripe for abuse. If the polygraph is scored as deceptive the inmate must disclose another crime or deviant behavior before he will be allowed to progress in treatment. By disclosing a new crime, possibly made up, the inmate has validated the original results of the polygraph - that he was deceptive or lying, which, according to Nelson, may have been caused by unreliable testing techniques used by Jenks.

The Instigation for an inmate to comply with any demand, even to create a fictitious deviant behavior, is great. If an inmate is dropped from treatment he could spend the rest of his life in prison - even for a nonviolent crime. This reality provides the impetus for inmates to do what is necessary to comply and not challenge the polygraph results.

Nelson's findings question the validity of Jenks' methods and in turn the entire therapeutic process that relies on the veracity of his polygraph results. This discovery will impact thousands of inmates statewide and draw unwanted attention to the SOMB and Jenks during litigation of Pineau's federal lawsuit.

Colorado Sex Scandal Exposes Double Standard and Cultural Bias

This week a Colorado sex scandal that received national attention highlights a double standard in the Rocky Mountain Empire that allows celebrities to walk free while others serve life sentences.

A jury in Douglas County Friday found former Denver Bronco cornerback Perrish Cox innocent of two felony sexual assault charges after deliberating less than six hours.

The case against Cox alleges he picked up an intoxicated woman at a nightclub, waited for her to pass out at his apartment, then had un-consensual sex with her.

Witnesses at Cox's apartment testified the woman passed out and Cox carried her into his bedroom saying she was just about ready - the implication was that Cox was saying the victim was just about ready for sex. Cox later lied to the victim and the police saying that he did not have sex with the woman, but when the woman discovered she was pregnant; DNA tests proved Cox was the father.

According to Craig Silverman, the victim's attorney, the verdict seemed to turn on text messages from Cox to his roommate that said the victim and another woman at the apartment had engaged in, ''girl on girl action," earlier in the evening. Silverman said, unfortunately, outrageous statements about her conduct and character were made that could have easily been disproved.''

Colorado prisons are full of men convicted of similar crimes nerving life sentences. In fact, "date rape" cases are one of the most commonly prosecuted, and convicted, category of sex crimes. Many of these convictions don't even have the benefit of DNA results to substantiate the crime, but convict solely on the word of the victim.

In the case of Cox the only facts that seem different from those of the men in prison are: 1) he was a celebrity on a popular professional football team, and 2) the victim apparently liked to kiss other women. In Colorado this combination equals an acquittal. (See Kobe Bryant and Charlie Sheen, both sex offenders) It is likely that in a state so enamored and reliant on a celebrity friendly environment for its economy that celebrity status alone was probably enough for acquittal. The perceived outrageous conduct of the victim, kissing another woman while drunk, only served to ease the puritanical conscious of the jury . . . '' she must have deserved it.” As has been shown time and time again, the state that is quick to dismiss celebrity misconduct is still fast to judge perceived moral misconduct by less famous members of society.

It is unfortunate that this woman has been victimized twice: once by Cox and a second time by Colorado’s double standard. After hearing the verdict the victim cried out, "Why did this happen to me?" That's a good question.

Related News

Cadet faces court-martial for alleged date rape

The Air Force academy recommends court-martial this week for Cadet Stephen H. Claxton charged with under aged drinking and attempted sexual contact. If convicted the college student faces prison time, fines, and extended registration as a sex offender.

Cocktails, Lies, and Colorado’s One Percent

By now, everyone has read about the scandal involving Rep. Laura Bradford, R-Colbran, it has been news here since the incident happened almost two weeks ago.

If you missed it, here is the condensed version: After a long day of lawmaking, the tireless Bradford attended an ''official'' mixer at a local Denver bar. The mixer was attended by other legislators, staff, and lobbyists. After a few drinks and possible backroom dealings, Bradford got in her car and drove off.

Bradford was pulled over by police when she turned left from a right-turn, right-hand lane. She subsequently failed a field sobriety test, but was not given a breathalyzer.

This is where the story gets typically Denver. Here, whenever a celebrity, cop, city official, judge, or legislator is pulled over a supervising sergeant is called to the scene. A normal cop is not trusted to fairly handle the sensitive issues of the 1 percent.

The sergeant, once on the scene, cited Bradford for the traffic violations, called her a cab, and gave her back her loaded hand gun - yes Bradford was both drunk, and armed; a misdemeanor in this state at a minimum. Bradford did have a permit for the weapon.

As with most cases in Colorado, the truth becomes fuzzy when the cops show up and this case is no different. The police originally told reporters, and put on their official reports, that Bradford was released because she invoked "legislative privilege."

This privilege of the 1 percent bars law enforcement from keeping a lawmaker from attending official lawmaking functions. In America, drinking with lobbyists is an official function.

Bradford says she did not ask for special treatment, but was extended the privilege by the police when they saw her special one percenter legislator license plate, and after she told them she had to be at the Capitol in the morning..

Unfortunately, we will likely never know the truth. The cops are being told not to talk about the incident and all records are being sealed and not even released to a state legislative investigation committee. The police say the records are not being released because, as usual, they are part of an ''official internal investigation|'' With the gag order on the cops, it is likely Bradford will not only get away with the DUI, but beat the traffic violations as well.

Related News

Man shot dead by police on his doorstep over a Jet Ski accident

On the afternoon of July 20, 2010, Jason Kemp, 31, of Grand Junction was shot in the chest and killed on his doorstep by Colorado State Patrol Trooper Ivan Lawyer.

Kemp was Jet-skiing on the Colorado River prior to the shooting. When he returned home and tried to back into his driveway his Jet Ski slid off his truck and into his neighbor’s yard. No one was injured. After consulting the neighbor and moving the Jet Ski, Kemp and a friend returned to Kemp's apartment. The neighbor called the police to report the accident for insurance purposes.

The Troopers arrived on the scene and suspected Kemp was drunk and wanted to give him a breathalyzer. When Kemp refused to allow the Troopers into his apartment without a warrant, two Troopers attempted to break in the door, while a third Trooper tried to gain access through the back of the apartment.

While breaking down the door, Trooper Lawyer saw Kemp through a gap in the door, pulled his gun, and shot Kemp in the chest killing him.

Lawyer is charged with negligent homicide, second-degree assault, illegal discharge of a firearm, and prohibited use of a weapon. Internal Affairs would not comment on the employment status of Lawyer.

This week a federal judge refused to dismiss a wrongful-death civil suit against sergeant Chad Dunlap for failing to stop the excessive use of force by Lawyer.

Another video showing cop violence

Denver   police officer Kevin Guzman was suspended this week after a video surfaced showing Guzman assaulting a handcuffed shoplifting suspect.

Safety manager Alex Martinez suspended Guzman for four days because Gunman failed to report the violent incident. The Police Protective Association has appealed the suspension saying the use of force against the handcuffed man was justified and within department guidelines.

DUI okay if you're a cop

Off-duty Denver police detective Michael Lemmons, 52, lost control of his motorcycle at 1:20 am on Feb. 11, 2010 and crashed into a telephone pole on 38th Street.

Lemmons, who responding officers said reeked of alcohol, refused to take a blood test twice - even after officers warned him his refusal would result in a year suspension of his drivers license.

The Denver District Attorney's Office refused to press criminal charges against Lemmons, and Lemmons was able to avoid loosing his license when Cpl. Danny Dunn of the DUI unit failed to appear in court to testify against Lemmons.

Lemmons is now appealing a 92-day suspension for drunk and careless driving.

Denver cops caught changing witness statements

Police here overwrite witness descriptions to match suspects later taken into custody according to testimony given by Detective Robin Gray in a recent criminal case.

Gray was describing a 5-year-old electronic case reporting system that replaces original witness statements with suspect descriptions written by police during investigation or after an arrest. The result is that police records will show the suspect matching witness descriptions perfectly, when in fact, the descriptions were written by police to match the person arrested for the offense.

Denver defense attorney Michael Sheehan told reporters, "Their method is completely flawed. Who knows how many people's due-process rights have been violated.''

Lt. Matt Murray, spokesman for the police department, said, "We have some inconsistencies we need to address in the department."

Prominent civil-rights attorney David Lane told The Denver Post, "These guys aren't stupid. They understand how the system works. When a cop falsifies police reports, it's a crime."

Commission says it's okay for cops to lie

Denver Detective Jay Estrada is back on the force after a civil service panel overturned his firing for lying during an investigation of a hit-and|-run.

Estrada received a tip about a vehicle that might have been involved in the crime, but failed to follow up on the lead. When asked about the lead, Estrada lied and said he never received the tip. Estrada continued to lie to supervisors and the Internal Affairs Bureau unit investigators played back the telephone call of Estrada receiving the call.

Estrada is the seventh of 10 officers reinstated by the panel after being fired for lying about official investigations.

Manager of Safety, Alex Martinez, who criticized former independent safety monitor Richard Rosenthal for being too tough on lying cops, now plans to appeal the panel’s decision to reinstate the lying police officer.

Denver police chief demotes rival

New Police Chief Robert White demoted Division Chief Tracie Keesee last week after an anonymous email criticizing White circulated through the department.

Keesee was widely favored for the job of Denver's police chief by rank-and-file officers.

White told The Denver Post, "I don't want to talk about personnel matters - I don't think that would be appropriate."

Occupy Social Injustice

Last month Occupiers stormed the Oakland City Hall and made a tent out of a monument in Washington D.C.. As the movement enters the first winter, the crowds may be smaller, but the action is just as sharp.

The editorial below is from a man who ran with some of Ken Kesey's original Merry Pranksters in San Francisco for a summer.

His heart, if not his body, is with the Occupiers as they try to regain what has been lost.

Occupy Social Injustice

By Donovan H. Akemilno

People are starting to realize that we, the Occupiers, don't go away when they turn off their plasma HD flat screen TVs. Like social injustice, we are always here, you just have to tune in and open your eyes.

You look at the ''grungy hippies" that seem to make up the majority of the Occupy movement with disdain, but as you focus your set you see yourself - the unemployed, foreclosed, debt swamped former middle class just trying to claw your way out of the hole.

Though, what you might fail to see, is that this Occupation is much bigger than "you're rich, I'm poor. I bust my ass, you sit on yours” class struggle. This Occupation is ultimately about social injustice of every kind and the growing gap that divides us.

I have been witness to this injustice all my life. As a young boy taken from my home by the ''authorities'' charged to protect, serve, and keep families together; I saw the social serviced industry destroy the struggling families they were founded to restore. Angry, I would demand, "Authorities - who gave them the right?" I sat before the judge in a court system founded on justice and equality that is now more interested in how quickly it can recover from backlog than the life hanging in the balance on the scales of justice that are not only blind, but mute and shackled by greed. Elections breed corruption in the U.S. judges are politicians only interested in keeping their job another term, protecting the state...those with money.

One of the many innocent children who slip through the gaps of the foster system, growing into criminals because that's their environment; a young man making a bad decision and having a label put on him for life - struck with horror when a fellow Occupier is beaten by the authorities while laying face-down and handcuffed on the cement. "Stop resisting," they said as the clubs flew...stop resisting the 1 percent.

Soon you realize your minimum wage job won’t allow you to make it paycheck to paycheck, the ever rising climb to prosperity is only a myth for the now one-time offender. The 1 percent will tell you, after 23 years, "You must suffer more." The 99 percent ask, "When is enough, enough?" Take a child from everything they know and love, separate them from their connection with any emotions but anger, hate, revenge and ''correction.'' Is it not crazy to expect positive outcomes? The Occupiers protest for the right to pursue life, liberty and happiness. Odd that these fundamental human rights, inalienable rights, should threaten the 1 percent so much, odd that they have been removed from so many.

So who protects the many from the few? Who protects the powerless from the powerful? Who protects the one subjected to Stalin like punishment from professional care staff the   police and correctional officers? With over six million under ''correctional control'' in the U.S. when is enough, ENOUGH? A broken man sits and waits for something better, for people wake up and tune in, for the Occupation to push Further.

The audacious hope is mine.

Death More Likely Than Parole for Sex Offenders Says New CDOC 5-year Report

The Colorado Department of Corrections annual Lifetime Supervision Act report was released this month showing sobering statistics for a policy many call a total failure.

The report is produced annually to correspond with the state's legislative session and gives lawmakers a snapshot of the statutes progress. This year's report provides data from FY 2007 - 2011.   According to the numbers the runaway growth of Lifetime Act pensioners has overwhelmed the system causing longer waits for treatment and longer prison terms than the courts and legislature intended. As of FY 2011 over 1,700 inmates have been sentenced to CDOC under the Lifetime Act, a 33.9 percent increase in Lifetime Act sentences since 2007. (See Table 1) While many are coming to prison under the Lifetime Act, few are leaving. On average 150 new Lifetime inmates come to , prison each year, while only 12.8 Lifetime inmates are paroled.

(See Table 2 & 3) The 5-year parole average for those who were eligible was 2.2 percent. Fiscal year 2008 was the worst year with only 0.7 percent paroled and 2010 was the best with 5 percent paroled.

Many parole advocates and CDOC therapists thought 2011 would be a good year for paroling those eligible, but the report shows that paroles actually decreased to 2.1 percent in 2011, this equates to only 18 inmates released during the fiscal year - a 50 percent decrease from the previous year. Sadly, the rate of death while incarcerated was higher for this population than the rate of parole for three of the five years reported.

The low parole rates have led to over 700 inmates kept past their intended release date, a 35.5 percent increase from 2008.

At the time the report was run CDC's backlogged and underhanded mental health department could only provide required treatment for. half of those eligible. Those not able to get into court ordered treatment will languish for years past their intended release date waiting for a rare slot into the treatment program.

The report shows that the CDOC is in an unsustainable trajectory when it comes to managing the growing Lifetime population. In the past five years CDOC has spent over $9.7 million for sex offender treatment and growing the treatment capacity within the mental health department. During this expensive expansion treatment capacity grew by only 12.7 percent, while Lifetime Act inmates requiring treatment grew by 33.9 percent.

At this rate the number incarcerated and needing treatment will more than double in five years.

Since the release of the annual report there has been a slight uptick in the number of Lifetime Act inmates paroled by   Gov. John Hickenlooper's new parole board. But the parole rate should have to be 10 times the rate of previous years to begin to have a positive impact on this forgotten, mostly nonviolent, population. Unfortunately, the politically appointed parole board members are unlikely to release large numbers of a population society has been taught to fear more than terrorists - even though this population has the lowest recidivism rate once released from prison.

Many advocates, including some judges and prosecutorsr believe there will not be real change or relief for these inmates, many incarcerated decades longer than courts intended, until the Lifetime Act is repealed.

Related News

In the January 30, 2012 issue of The New Yorker critic at large Adam Gopnik writes a thoughtful piece on America's love of incarceration. The article is titled, "The Caging of America Why do we lock up so many people?" Below are a few quotes from the article, go out and buy the magazine and read the whole article it is worth the price of a Starbucks Latte...trust me.

''Mass incarceration on a scale almost unexampled in human history is a fundamental fact of our country today - perhaps the fundamental fact, as slavery was the fundamental fact of 1850."            

''Over all, there are now more people under 'correctional supervision' in America - more than six million - than were in the Gulag Archipelago under Stalin at its height."

"In the past two decades, the money that states spend on prisons has risen at six times the rate of spending on higher education."

"The scale and brutality of our prisons are the moral scandal of American life. Every day, at least fifty thousand men - a full house at Yankee Stadium - wake in solitary confinement."

Almost half of Denver's children drop out of school says latest numbers According to the Denver Post, despite a 4 percent increase, DPS still only graduates 56 percent of its students. This rate is well below both the state and national average.

New CDOC Policy to Put General Population Most Dangerous Back into General Population

CANON CITY, Colo., Correctional Officers here were notified this week during shift roll call that CDOC decision makers have ordered the move of some of Colorado's most dangerous prisoners to medium security facilities in the Fremont Correctional Complex.

According to an officer present at the role call, but speaking on the condition of anonymity for fear of being fired, Marvin Gray the violent serial rapist was referenced by name as one of the segregation inmates selected for the move along with other inmates legendary for their prison violence.

The decision follows the announcement by Director of Prisons, Tom Clements, that 321 inmates would be moved from the state's controversial segregation prisons.

Recently Colorado received criticism from the U.S. Department of Justice, National Institute of Corrections, and two national corrections experts that said Colorado relies too heavily on this abusive form of incarceration that keeps inmates isolated and locked up 23 hours a day for years.

The policy gamesmanship to reintegrate the most dangerous back into general population while leaving less dangerous inmates in segregation is a common CDOC practice when it comes to implementing policies they disagree with. When former Gov. Bill Ritter announced a policy to release some nonviolent inmates six months early to reduce prison expenses and bolster the state's hemorrhaging education budget, CDOC rebelled and publicly disagreed with Ritter's policy. After a messy public battle fought in the media, CDOC leaked the names and criminal records of the inmates they chose to release early. The inmates turned out to be some of the most dangerous habitual criminals eligible for the program.

The Denver Post, supporting CDC's position, published full color mug shots of the inmates along with their rap sheets on the front-page above the fold. Ritter promptly suspended the early release program following the media blitz and the public fear it created.

Prison advocacy groups that watch prison policy say we could well be seeing the next round of CDOC muscle flexing in response to a growing tide of prison reformers who want to cut the prison population and budget. If this is the game CDOC is playing, expect some of the most dangerous inmates moved to general population followed by a damaging press release about institutional safety. Then wait, wait for the most dangerous to act out, and for CDOC to say - "I told you so."

Colorado's solitary confinement prisons are seen by most states and Human Rights Watch as inhumane, yet for the CDOC they are a never ending cash cow. The new 948 bed Colorado State Penitentiary (CSP II) also known as CCF, cost over $170 million to build. Many argued at the time that the facility was not needed and too expensive? but CDOC lobbied the legislature tirelessly citing a growing prison population, institutional safety, and job creation. According to the CDC's 2010-11 budget request, CSP II costs over $38 million annually just to pay for the 581 FTEs required to run the half-empty facility.

The state currently houses 1,500 prisoners in the two solitary confinement prisons, about seven times the national average.

Critics say the segregation population should be around 150-200 to match the national standard. If Colorado reduced its population to that of other states one of Colorado's two segregation prisons could be closed.

Unfortunately, powerful bureaucratic Juggernauts like CDOC don't downsize without a fight and they don't fight fair. Clements has already asked the legislature to add $15 million to the prison budget because his office ''underestimated'' the protected population by 500 inmates. Are we looking at a new wave of prison expansion planned by CDOC after they botch reintegration with the most violent inmates - inmates isolated by the state for years. Right now it is anyone's guess, but I wouldn't sell my Colorado Correctional Industry stock just yet.

Another Member of the Colorado Justice System Elite Escapes Punishment

The former Montrose District Attorney Myrl Serra was sentenced last week to four years probation and two months in the county jail for the sexual harassment and assault of multiple victims over a span of three years. Serra also received a one-year prison sentence for violating his bond by attempting to harass one of his victims prior to trial.

The three years of sexual assaults occured in the offices of the Montrose District Attorney where Serra was the department head for 15 years. Serra's victims included employees, clerks, and members of the probation department. Court records show that Serra exposed himself to multiple victims and regularly used his power as the DA to threaten to fire women who would not have sex with him.

Serra told one victim who defied him, "I am the master. You can't mess with me." A victim described Serra as a predator, sexual deviant and tyrant that caused, "pain and sickness that have no words to express."

In a plea deal, Serra was allowed to plead guilty without admitting any wrongdoing and his felony sexual assault charges were reduced to misdemeanors and the judge granted him a special sentencing stipulation so Serra could have contact with his 10-year old adopted son.

Normally people with Serra's crimes are charged with sexual assault by a person in the position of trust with a pattern of abuse. These are considered serious sex offense felonies carrying a sentence range of 18 years to life with absolutely no contact with anyone under the age of 18.

The Colorado Department of Corrections is full of nonviolent victimless inmates that have done far less than Serra, yet are serving life sentences. Normally prosecutors go for the highest felony charge possible in sex cases, it is seen as an easy conviction and career booster. However, in this case special prosecutor Robert Shapiro sought the minimum charges against his fellow District Attorney.

District Judge David Bottger who gave Serra the unusually light sentence said he believed the victims' testimony, but Serra would have a better chance to get treatment for his sex offending behavior outside of prison.   Justice advocacy groups like Advocates for Change (AFC) point to the double standard in the state when it comes to sentencing Colorado's elite. One member of the AFC speaking on the condition of anonymity because they have a family member in the justice system said, ''If you have a badge or are a prosecutor in this state you can do whatever you want - you're part of the power peddlers, the 1 percent, power is not always about money, it's also about being able to take freedom from others and think the rules don't apply to you. Police here beat and kill innocent people in the streets and are allowed back on the force, DAs lie to juries and prosecute the innocent while letting their buddies go free. What kind of liberty and justice is this?"

In the presentencing psychiatric evaluation Serra was found to have a narcissistic disorder. After sentencing Serra told reporters, ''Was I a pig? Yeah," he went on to say when asked about his sentence ''got what I wanted, I win." When asked about the victims of his three years of abuse he said, "they are good actresses.''

Related News

Abusive cops back on the beat

Last week in the Denver Post's letters to the editor section angry citizens wrote about their frustration with the corruption in the Colorado criminal justice system. (See "Denver rife with wrongful arrests and prosecutions" - for back story)

Frank Galmish of Denver wrote the Post saying: It seems like bad-performing cops, even if caught on camera, always have an ace card down for Denver's Civil Service Commission will always excuse anything they do because they really didn't ''intend'' to do whatever wrong they are accused of doing or failing to do.

Wouldn't it be nice to tell a judge or jury that you really didn't intend to run that red light or shoot that person but the gun just went off?"

Jean McBirnie of Denver adds:

These two cops did not "intentionally" lie on their reports? The only intent they had was to get caught in their lies. They obviously didn't realize they were caught on city cameras during the incident.

Further, their own actions, violent and out of control, inflamed the situation: Cops must be calm, cool and level-headed in order to calm a bad situation down.

These cops are the epitome of what is wrong with the Denver Police Department these days. They should not be rehired.

FBI investigating more public corruption in Colorado

The FBI recently told the Denver Post that the Bureau is investigating more complaints of public corruption here than in past years.

According to the FBI, public corruption includes law enforcement and legislative corruption, and the misuse of stimulus money - any abuse of public office for personal gain.

Special Agent Brian Schmitt said, ''We are very busy right now. I don't know if it is a result of the down economy or if there are more avenues to report."

Unfortunately because of ''color of law'' rules, and judicial and prosecutorial immunity laws that allow cops, prosecutors, and judges immunity from prosecution for almost any job related wrongdoing - including murder, hiding evidence, and lying to juries to get a conviction. The FBI admits it is very hard to hold these public officials accountable to the laws the rest of us most follow.

Pentagon says sex crimes up for war weary soldiers

Last week the Pentagon released a report showing that sexual offenses and cases of domestic violence by service members has increased by 30 percent since 2006.

The report was part of an annual mental health assesment of a military that has felt the stress of war for over a decade.

Army Vice Chief of Staff Gen. Peter Chiarelli said in a Pentagon briefing on the study, "After 10 years of war with an all-volunteer force, you re going to have problems that no one could have forecasted before this began.''

Unfortunately for the soldiers, these crimes often land them in civilian courts that prosecute sex offenses to the fullest punishment allowed by law. In Colorado this means life sentences even for nonviolent offenders. With the large number of military personnel in Colorado along with the state's punitive justice system it is easy to see how a significant percentage of those languishing in prison under the Lifetime Supervision Act once volunteered to sacrifice everything for their country'.

The Colorado Department of Corrections currently does not provide any PTSD treatment or counseling for veterans.

The Pentagon report also found:

- 472,000 service members suffer from PTSD

- 24,000 service members were referred to substance abuse treatment.

- The Army had 126,000 cases of traumatic brain injury.
- 278 soldiers committed suicide last year.

* Gen. Peter Chiarelli commanded the 1st Cavalry Division during combat operations in Iraq and is an alumni of the prestigious Seattle University.

Denver rife with Wrongful Arrests and Prosecutions

This week papers filed in Denver District Court showed that over 500 people in the last seven years have been wrongly imprisoned in the Denver jail, some spending months behind bars and even taking plea deals for crimes they didn't commit.

The papers were part of a lawsuit brought by civil rights attorneys suing the city and court of Denver on behalf of those wrongly arrested and held by the city.

According to Mark Silverstein, Colorado's ACLU legal director, the endemic wrongful incarceration comes from sloppy and apathetic police work, and prosecutors willing to cut corners to get a conviction at any cost. Silverstein told reporters, "It seems that it ought to be easy to have a procedure so that at least when someone is brought in on a warrant that the ID bureau could check to make sure the one brought in is the one that is wanted.''

The list of mistakes found by the legal team are startling:

- An 18 year-old was arrested when the warrant said the suspect was 30 years older.

- A black man was arrested on a warrant for a white man accused of a sex offense.

- A white man was taken to jail when the actual suspect was a Native American who was a foot taller, and a 100 pounds heavier.

- Carlos Alberto Hernandez was wrongly arrested and jailed twice for burglary and sexual assault even though his tattoos didn't match those described in the warrant.

One of the attorneys involved in the lawsuit said these types of mistaken-identity arrests, "are the tip of the iceberg." The mistakes were found by conducting a key word search in judicial records, attorneys believe there are even more mistakes by police and prosecutors that were coded differently in the record.

In one egregious case a prosecutor coerced a plea out of a man when the arrest warrant was for a woman. Court records showed the Judge's conversation with the prosecutor, identified only Ms. Brown:

''Wrong defendant brought into court. Jamie Milner is a female. The defendant Jamie Sandoval is a male."

''Again wrong person - Yes Ms. Brown, but prints don't match."

''Wrong person entered guilty plea. Pleas vacated.''

''Wrong person entered plea fine paid under duress of arrest."

These wrongful incarcerations have devastating consequences for those accused. Many miss work and face termination, some lose relationships while others have their reputations forever damaged by the criminal accusations.

Hernandez told the Denver Post, "I had problems and numerous arguments with my girlfriend because of the accusation that I was guilty of sexual assault."

City administrators counter that the number of mistakes are small when compared with all the arrests and incarcerations in the city over the same time period.

Related News

Rosenthal calls for Justice Department to Celan up Denver Police Force

Denver's outgoing independent safety monitor, Richard Rosenthal, has called for the U.S. Department of Justice to investigate the city's police department after repeated misconduct by city law enforcement has gone unpunished.

This recent call is in response to a civil service panel's decision to reinstate two Denver police officers fired after they were found guilty of lying in testimony and on official documents.

Rosenthal said the panel's ruling told police, "You can lie, and if it is not a serious enough lie, you won't get fired.''

Denver Manager of Safety and former Colorado Supreme Court Justice, Alex Martinez, called Rosenthal's comments "Nit-picky" Martinez later said of Rosenthal, "He is criticizing things that don't affect the final outcome."

Denver's Mayor, Michael Hancock, agreed with Rosenthal's assesment and is concerned about bias investigations conducted by the Internal Affairs Bureau. Hancock said, "We have begun the process to really restore the trust," and, "The next frontier is the Internal Affairs Bureau, and we have not begun that process."

The head of the Justice Department's civil rights Division, Thomas Perez, said that his office is in the "threshold stage" of determining if there is cause to investigate the Denver police force.

Rosenthal leaves the toxic law enforcement environment this week for the clean air and fresh thinking of Vancouver British Columbia.

The Wire wishes him well.

"Bad-apple'' cops guilty of lying and excessive force once again carrying a badge and gun in Denver

Less than a week after police-watchdog Richard Rosenthal leaves office, two abusive and deceptive officers he tried to keep off the force are back in blue.

Former Denver police officers Kevin Devine and Ricky Nixon who were fired for lying and excessive use of force during a 2009 - altercation outside an area diner have been reinstated to the police force by the city's Civil Service Commission.

The commission concluded that the officers didn't lie to hide the truth and that, "Nobody involved in the incident or fact finding is without error."

Attorney Qusair Mohamedbhal who represents one of the victims of the officered abuse told reporters, "The city and County of Denver has again tolerated excessive force and constitutional violations by its law enforcement.'' Mohamedbhal went on to say, ''Colorado should be outraged that more taxpayer money will be spent employing these bad-apple police officers."

Another victim, Ana Ortega, told reporters the commission's decision, "makes people think twice about calling 911."

New Denver Police Chief Robert White said he was not familiar the incident, but would look into the matter.

Last year the commission reinstated officers Randy Muir and Dean Sparks who were also fired for a separate incident of excessive force and lying in a 2009 incident in Lower Downtown.

The city is currently' appealing the commissions decision.

Colorado sheriff uses aerial drone to conduct surveillance    

High-tach drones are not only good for the military, the Mesa County sherriff's office thinks it will be a great too1 to keep an eye out fo  criminal activity here in Colorado.

According to a spokeswoman for the Sheriff's Office, Mesa County is one of only three U.S. law enforcemnt agencies to use unmanned aerial vehicles or UAV for police work.

The UAV can fly over 400 feet AGL, stay airborne for over an hour, and send video and infrared imagery back to ground controllers. The Federal Aviation Administration has given the sheriff's office permission to fly the vehicle anywhere in Mesa County and the sheriff does not need a warrant to record. The UAV cost taxpayers $14,000.

Editor's Note

As a Special Forces Officer in the 1990s, I was witness and reluctant participant in some of the earliest UAV testing at an out-of-the-way desert air base outside of Indian Springs, Nevada...right next to the super secret Department of Energy Nevada Test Sight and Area 51. Remember me boys.

The scary part was that as soon as those Nintendo flyboys learned how to control those damn things they started trying to figure out how to arm them. And look how well that has turned out in Pakistan. We've killed a lot of men who may or may not have been supporting the war in Afghanistan. But we also have killed hundreds of Pakistani women and children who had nothing to do with the war.

Just remember, if it's a good idea to watch someone from 400 feet, then it's a great idea to try and kill them from 400 feet. I guarantee there is a sheriff's deputy in Mesa who is, right now trying to figure out how to arm their UAV. That's just who they are, it's what they do.

My advice - wear big hats America, if you think law enforcement won't use their new toy against innocent citizens, go back to the top of this post and read "rife with wrongful arrests" again.