PHOENIX POLICE: RE: Case #2012-BHS-0263-DHS. Wherein the possibility of police discrimination against patients arises. 

Recap: ON JULY 07, 2011, DESPITE MY IMMEDIATE REQUEST TO BE PUT IN CONTACT WITH PHOENIX POLICE AFTER I HAD BEEN PHYSICALLY ATTACKED AND INJURED BY AN AGGRESSIVE AND ABUSIVE TECHNICIAN AT 8:20 A.M., THE STAFF AT THE ARIZONA STATE HOSPITAL REFUSED TO DO THIS FOR OVER SEVEN (7) FULL HOURS. AT THAT TIME, AFTER CALLING POLICE AT ABOUT 3:30 P.M., I WAS ESCORTED TO MEET WITH THE RESPONDING PHOENIX POLICE OFFICERS AT 4:20 P.M., AND THE FOUR SECURITY GUARDS WHO TOOK ME TO THE HOSPITAL LOBBY MADE THREATENING COMMENTS ALONG THE LINES OF "IT'S NOT A VERY GOOD IDEA TO FILE COMPLAINTS AGAINST OUR FELLOW STAFF MEMBERS."

THE RESPONDING POLICE OFFICERS, MEANWHILE, HAD CLEAR DISPOSITIONS SET AGAINST ME IN TERMS OF THEIR WILLINGNESS TO OBJECTIVELY HEAR MY SIDE OF THE STORY. AFTER ONE OF THEM WENT BY HIMSELF TO REVIEW AT LEAST SOME OF THE AVAILABLE VIDEO FOOTAGE OF THE EVENT, HE RETURNED AND STATED THAT HE NOT HAD SEEN ANYTHING EVEN SLIGHTLY AKIN TO WHAT I HAD CLAIMED, STATING "NOPE, NO APPROACH TO WHERE YOU WERE STANDING, NO RAISED ARMS ON HER PART, NOTHING," AFTER WHICH THE OFFICERS REFUSED TO FORMALLY LODGE A COMPLAINT ON MY BEHALF.     

       As I have described, on July 07, 2011, my original attempt to exercise my right to file a complaint with the Phoenix Police Department concerning my being physically assaulted and battered (injured) by an Arizona State Hospital technician was graphically compromised due to obvious interference in the initial investigative process, whereby ASH staff interacted with the police prior to my being able to speak with them myself. When I finally, over eight (8) hours after the incident itself, did speak to the police in person, they made clear that ASH security had expressed their opinion that I was untruthful and of bad faith, and the police were thus unwilling to extend their service to me. This is a gross violation of any victim of a violent crimes rights in a number of ways. The basic conversation that I had with the responding officers was intimidating, insulting, and I was left in fear for my life, effectively, because the sequence of these events to that point were suggestive of so dangerous a reality that even the non-hospital authorities were willing in their own right to contribute to the willingness of ASH staff to physically abuse patients without any fear of retribution. 

       Many months later, I decided to refile a complaint with police, because I had by then learned that the Arizona Department of Health Office of Grievance and Appeals was not going to conduct themselves in accordance with applicable state administrative law in terms of the department's investigation. I consulted with an attorney about the best way to go about this, and below is my first letter to the Maricopa County (Phoenix) Attorney's Office (Arizona has no district attorneys), whereby I both express my concerns about the Hospital's role in my original attempt to file a complaint, as  well as make clear that my right to have a patient advocate present relied upon the police coming to interview during normal, 8:00 a.m.-4:30 p.m., business hours.     

       I was a bit dismayed when, about two weeks after I had sent the above letter to the county attorney's office, I received the letter shown below from the office of the interim Phoenix Chief of Police, Joseph Yahner, but I was willing to consider the the matter as being cooperative at this point, and I basically waited to hear more about when I would be able to meet with officers during regular, 8:00 a.m. -4:30 p.m., business hours, in the accompaniment of the hospital patient advocate, Sonya Serda. 

       A couple of weeks after receiving the above letter, I was sitting and reading by myself outside on the patient mall at about 5:15 p.m. one afternoon, when a nurse from the Desert Sage East (Cali) unit approached me with the message that a police officer was in the ASH lobby and wanted to talk to me about something. She could not offer any information about why the officer wanted to speak with me, and I was immediately uneasy with the whole scenario, because although I was willing to somewhat presume that the officer wanted to talk to me about refiling my original complaint, I was very concerned with the fact that my basic request that I meet with police during regular business hours so that I could have a patient advocate with me had been ignored, as well as with the fact that I could not even be certain that this why the officer was there to see me, anyway. My experience at ASH had proved to me that unannounced police visits were nothing to take casually, so I advised the nurse that I was uncomfortable with an unscheduled meeting, although I did ask her to please find out why she could. I went ahead and continued reading, and told her to give me any updates, presuming there were any. She never returned, however, and later in the evening, after I was inside the Desert Sage East unit for the night, she advised me that security staff had been unwilling to divulge why the officer wanted to meet with me.  

        Based on this event, I went ahead and drafted and sent a second letter to the county attorney's office on January 09, 2012, wherein I reiterated my express desire to refile a complaint with the assistance of his office, and I again brought up the topic of requesting that the interview with police occur sometime during regular business hours.   (SEE BELOW).     

      I then received my first actual response from the office of the county attorney, dated January 17, 2012, and it was included with a copy of another letter that had been mailed to office of the interim Phoenix police chief, Joseph Yahner, at an earlier date. (SEE BOTH OF THESE BELOW)

 

       I then waited again, hoping to hear something specific to when I should meet with police. I did go ahead and attempt to communicate with the police by phone on at least one occasion, but the officer I spoke with, Sgt. Taylor (of the office of the police chief) characterized my attitude about meeting with police at a time of the day when I could exercise my lawful right to accompanied by the patent advocate as "uncooperative." I was left with so little faith in the situation at that point, that I finally sent one last letter, conveying my feelings about the whole situation at that point in time, shortly before my eventual discharge in late February, to the interim police chief himself. (SEE BELOW).

       In closing, I never heard anything more from either the Phoenix police, nor the county attorney's office in regards to this matter. For what it is worth, there was a formal rehiring of a new Phoenix police chief in early March, and interim police chief Yahner's application for the regular position was rejected in favor of another man, who's name I have, and who I do intend to be in contact with soon, for I will be refiling my original complaint at some point. At this time, with the formal administrative state hearing that is to convened on May 17 in relation to this matter in basic disarray, I may be going ahead and contacting the new Phoenix police chief in the next 5-7 days, depending on what comes up in the next day or two. 

      It is always interesting to learn how distorted the state system is, but it is equally disheartening, for as I have stated on countless occasions, these matters are standard for the course, and the conditions at the Arizona State Hospital are substandard and harmful to those folks still there. My absence from ASH can only mean that things are possibly worse than they were, because by the time I left, I was so actively engaged in addressing wrongdoing there that honestly believe staff were somewhat on their toes. This may be my ego, or imagination, who knows. In any case, all of these things need to be addressed by each and every citizen of this state and nation who agrees with my disconcert over these matters. So, please, get involved today. 

paoloreed@gmail.com