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June 2, 2009 -- ABC15 (AZ)

Arizona Discontinues Use Of Outdoor Cells After Inmate's Death

By Mary Ellen Resendez

Return to Drug War News: Don't Miss Archive

Original: http://www.abc15.com/content/news/westvalley/goodyear/story/Arizona-discontinues-use-of-outdoor-cells-after/FdxdvnZFrEqLHLRVgRcRuA.cspx

The Arizona Department of Corrections said Tuesday that it has discontinued the use of outdoor holding cells following the death of an inmate in triple-digit heat.

Corrections spokesman Barrett Marson said in an e-mail that the decision came "in consultation with the governor." He didn't elaborate.

But Donna Leoni Hamm, Director of Tempe-based Middle Ground Prison Reform said it's not enough, "Suspending them temporarily is a bandaid solution,they're unacceptable." Hamm would like to see the cells completely placed out of use.

Marcia Powell, 48, died last week after being left in an unshaded enclosure on a day when temperatures topped 100 degrees.

Prisons spokesman Barrett Marson told The Associated Press on Friday that workers have already begun retrofitting 233 outdoor cells at 10 state prisons. He was unsure how long it would take.

The chain-link cells are used to house inmates who are being transferred between various sections of the prison. Powell was placed in one at the Perryville prison in Goodyear after seeing a psychologist. She had been serving a 27-month sentence for prostitution.

Hamm said shade and water upgrades might have helped prevent Powell's death but won't address broader structural problems.

"It's a larger problem of placing human beings in cages that creates the difficulty," Hamm said. "When they're unsupervised outdoors, I'm not sure that putting shade over it resolves the problem."

Three prison employees remain on paid administrative leave while criminal investigators probe the incident, Marson said.

Powell had been in an outdoor cell for nearly four hours when she was found unconscious May 19. She died at a hospital the following day after prisons director Charles Ryan authorized doctors to remove her from life support.

The prison's internal policy says Powell should have been removed from the cell after two hours. Under the policy, corrections officers were supposed to document checking on her condition every 30 minutes.

Prison officials refuse to disclose whether Powell was checked on, saying the information is part of their investigation.

Ryan has said Powell's cell was 20 yards from a control room from where officers were supposed to be watching her.

The investigators' report, which Ryan initially said would be released this week, isn't expected for another week or two, according to Marson.

The Maricopa County Medical Examiner's Office conducted an autopsy on Powell last week and said a report would be released in about a month.

Powell did not list a next of kin on her intake paperwork, and prison officials have been unable to locate her family.

She ran away from home at age 15 and was in and out of prison for decades, court records show. Her record includes convictions for prostitution, drug possession and assault.

At the time of her sentencing last summer, records show Powell had been diagnosed as bipolar and was taking a medication often used to treat schizophrenia and other psychiatric illnesses.

Nathan Foundas, Powell's public defender, wrote in a July 2008 sentencing recommendation that Powell couldn't afford food or clothes and had turned to prostitution in desperation.

"Marcia is guilty of being a drug addict and a prostitute, two labels that are usually attached to individuals that have no support system, have been in and out of jail/prison, and have given up on their own lives," Foundas wrote.

Middle Ground Prison Reform will hold a memorial service in honor of Marcia Powell. The service will be held at noon on Saturday, May 30 at the Encanto Community Church located at 2710 N. 7th Avenue, just south of Thomas Road in Phoenix.

"We're hoping we can use her memory as a touch stone for change...positive change", said Hamm.

Contact Mary Ellen Resendez at mresendez@abc15.com


May 21, 2009 -- ABC15 (AZ)

Inmate Dies After Being Held In Outdoor Cell In Goodyear

By Mary Ellen Resendez

Original: http://www.abc15.com/content/news/westvalley/goodyear/story/Inmate-dies-after-being-held-in-outdoor-cell-in/nmeJotS42kODcNNLB_MEHg.cspx

An inmate at a prison in Goodyear died early Wednesday after being held for nearly four hours in an uncovered outdoor holding cell in 100 plus degree temperatures.

On Tuesday, 48-year-old Marcia J. Powell was being transferred to a detention unit when she was placed in the uncovered outdoor holding cell at 11 a.m. at the Arizona State Prison Complex-Perryville, according to Arizona Department of Corrections spokesman Bill Lamoreaux.

Powell was reportedly discovered at about 2:40 p.m., collapsed inside the cell.

According to prison policy, Arizona Department of Corrections Director Charles Ryan says inmates can only be kept in outdoor cells for up to two hours.

The female inmate was taken to West Valley Hospital just after 3 p.m., where doctors told Ryan the inmate was comatose from heat stroke.

Powell was taken off life support and pronounced dead at 12:42 a.m. on Wednesday.

At the time, officials could not locate any family members.

Ryan says they've since found that Powell had two children whom she placed in foster care years ago.

He said Powell had been in and out of state prisons and had a long history of mental illness. Ryan would not say whether she was on medication.

Marcia Powell was serving a 27 month sentence for prostitution.

She would have been eligible for supervised release in July 2010.

Ryan said a criminal investigation is underway.

"It is our responsibility to ensure the care and custody of inmate population, " Ryan said. "The death of Marcia Powell is a tragedy and a failure. The purpose of the investigation is to determine whether there was negligence and to remedy our failures."

Ryan says the inmate was given water, but it's unknown how much.

Ryan said he's concerned and disappointed, "This inmate was in an area 20 yards from a control room ... there were other staff in this area, and we're trying to find out how did this happen."

Three prison workers including a deputy warden, captain and lieutenant (working as shift commander) are on paid administrative leave while the incident is being investigated.

Ryan said it will be up to a prosecuting attorney, but all three could face criminal charges pending the outcome of the investigation.

Ryan added, "We express condolences to Ms. Powell's family and loved ones."

Contact Mary Ellen Resendez at mresendez@abc15.com

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