Guards at the Florence Correctional Center (FCC), a private, for-profit prison, located in Florence, Arizona, which is owned and operated by Corrections Corporation of America (CCA), have planted drugs on prisoners for harassment, retaliation, and entertainment. When caught doing so by their floor supervisors and CCA administrators, offending staff have suffered minimal consequences, if any – none have been terminated for falsifying reports, violating the rights of prisoners, nor been charged with possession of the drugs they planted.
On October 14, 2005, the Native Culture Potlatch was held on the FCC recreation yard. Because outside visitors would be in attendance, all Alaska prisoners were subject to a strict dress code and pat searches prior to entering the Potlatch area. Alaska contract prisoner, Alphonso Brooks, was walking toward the line for his turn at being searched, when he passed by guard Willie Davis (CO Davis), who ordered Brooks to tuck in his undershirt. Brooks took offense at the tone of CO Davis’ order and ignored him. CO Davis repeated his order and Brooks turned, approached, and told CO Davis that “I’m a 36 year old man and you don’t have to speak with me in that manner. You’ll get more from me if you simply ask.” CO Davis responded by ordering Brooks to assume the search position on the wall, pat searched him, and asked him to tuck in his undershirt. Brooks complied and moved on. Guard K. Bone (CO Bone) then approached CO Davis and advised him to send Brooks back to his housing unit, because he had an “attitude problem.” CO Davis then ordered Brooks to return to his unit, and Brooks responded by asking to speak with a Lieutenant. Guard supervisor Sergeant Alfredo Aleman (Sgt. Aleman) arrived and ordered Brooks to return to his housing unit and, escorted by CO Davis, CO Bone, and Sgt. Aleman, Brooks made it as far as the crash gate between units, when he overheard CO Davis tell the other officers that Brooks had threatened him. Brooks spun on Davis, saying “Why the fuck are you lying?”
At this time, another guard supervisor, Sergeant Erik Hernandez (Sgt. Hernandez), arrived and ordered Brooks back on the wall to be cuffed and taken to Segregation. During the process of handcuffing Brooks, now considered a “threat” and surrounded by four (4) guards, Sgt. Aleman later claimed that he saw a plastic bag, containing “a white powdery substance” fall to the floor from Brooks’ left hand. Please keep in mind, as is clearly demonstrated by the attached reports from each of the CCA employees involved, only Sgt. Aleman claimed to have seen, or reported seeing, any plastic bag or contraband in Brooks’ possession.
In fact, Sgt. Aleman made no comment concerning his alleged find to Brooks, nor the other guards surrounding him. Only after the other guards escorted Brooks to Segregation – where Brooks would later be informed of the drug allegations being made against him – did Sgt. Aleman approach yet another guard supervisor, Sergeant Jesus Guilin (Sgt. Guilin), and show him the bag of powder. Sgt. Guilin and Sgt. Aleman them went in search of K-9 guard Donald McKay (K-9 McKay), who field tested the contents of the bag, found it to be methamphetamines, and reported his findings to the Chief of Security, M. Velasquez. [Photographs of the bag and test kit accompany this essay]
Brooks adamantly denied ownership of the methamphetamines, and wrote several cop-outs and letters seeking help. Official answers ranged from dilatory or non-responsive to the laughably tragic.
Chief of Security Velasquez responded with a visit to Brook’s segregation cell to comment, “We’re gonna getcha Mr. Brooks.”
On October 24, 2005, Assistant Warden Karl Stansel responded to Brooks’ request for a polygraph examination, stating: “What proof can you provide that disputes your charges. I (sic) willing to listen, (I need proof, names, places all in writing.)”
A letter written by Brooks directly to Alaska Department of Corrections’, Director of Institutions, Leitoni Tupou, was answered on January 17, 2006, by Director Tupou’s Special Assistant, Donna White, who admonished Brooks for not following procedure and chain of command, Special Assistant White further stated that”
“However, you must understand that personnel issues should be confidential and you may not be aware, nor are you entitled to know, any actions taken against the staff members involved in this incident.”
Brooks’ grievance, filed to appeal his disciplinary findings and protest the accusations received an entirely different response, when, on or about November 17, 2005, Assistant Chief of Security, Marcos Lopez, visited Brooks in his segregation cell and informed him that Sgt. Aleman “may not have been truthful about what took place on October 14, 2005,” and, further, that “Aleman will be dealt with accordingly.”
Whether Sgt. Aleman confessed, or was given up by a fellow employee, has not been revealed, but a memorandum to Brooks from Assistant Chief of Security Lopez, dated December 1, 2005, states:
“You filed a grievance on 11/7/05 regarding your placement in segregation for being in possession of methamphetamines. This memo is to inform you that after an investigation was completed it was determined that you in fact, on October 14, 2005 where (sic) never in possession of methamphetamines and all documentation that was submitted regarding you having possession has been pulled from your inmate record/file. You where (sic) charged with another rule violation and that will stand. Appropriate disciplinary action has been taken with the staff member that was directly responsible for the incident.” (Emphasis added)
A further memorandum to Brooks from CCA’s FCC Records Senior Clerk, Betty Graviet, dated January 23, 2006, states:
“Everything pertaining to the write up regarding drugs has been pulled out of your file per authorization of Assistant Warden Karl Stansel.”
A legal action filed in the U.S. District Court, at Phoenix, Arizona, Alleges that Sgt. Aleman was not alone in his actions, but also seeks damages from other CCA employees, including Sgt. Guilin, who may have been directly complicit with Sgt. Aleman, and K-9 McKay for possibly faking the drug test, using photographs of drugs from a different confiscation, and losing the bag of “white powdery substance.” [See Alphonso Brooks v. Alfredo Aleman, et al., Case No. 2:06-CV-00489-JAT-ECV].
As of this writing Sgt. Aleman has neither been terminated for falsifying records or violating brooks’ rights, nor has he been charged with possession of methamphetamines – it should be noted that, in Arizona and Alaska, even possessing “fake” methamphetamines is a felony violation of criminal law. Sgt. Aleman was, however, demoted from guard supervisor to guard, and continues to work with Alaska contract prisoners. Brooks, on the other hand, has faced continuous verbal harassment and allegations of involvement with drug trafficking, and retaliation through an inordinate number of urinalyses, cell searches, pat searches, strip searches, and K-9 dog butt-sniffings (See “It’s a Dog’s Life” on this web site).
In another incident, prisoner W.J. (W.J.) was ordered to assume the search position on the wall. During the pat search, guard Brumley (CO Brumley) pretended to find a plastic bag containing a “white powdery substance” on the floor next to W.J.’s foot. W.J., who had only two (2) weeks earlier lost a friend (Alaska prisoner Jamie Douglas) to a drug overdose, turned on CO Brumley and went ballistic, verbally calling CO Brumley a “lying cocksucker,” among other things, and turning from the wall to face his accuser. CO Brumley repeatedly had to order W.J. to put his hands back on the wall and calm down. CO Brumley then stepped over to guard supervisor S. Lopez (Sgt. Lopez), told him “look what I found, what do you think it is?”
Sgt. Lopez replied that it looked like “coke” or “meth”. Once more, W.J. was incensed and fearful and began cursing both CO Brumley and Sgt. Lopez, calling them “corrupt, lying cocksuckers,” and had to be repeatedly ordered to get back on the wall. Finally, Sgt. Lopez, apparently, tired of the game and W.J.’s cursing him, told W.J. to relax, that “it was only a joke,” and ordered W.J. to return to his cell for the afternoon count.
During count, W.J.’s cell was opened and he was requested to leave the housing module. Stepping out of the door, he was greeted by CO Brumley, who, under close scrutiny and supervision of Sgt. Lopez, apologized to W.J., stated that “it was just a joke,” and asked W.J. if they “could resolve the matter informally.” W.J., who is several thousand miles from Alaska, afraid for the loss of his release date, and fearful of future harassment and retaliation, felt he had no choice, but to accede to CO Brumley’s request.
The questions beg asking: Did Sgt. Lopez file a report to memorialize, or make his own superiors aware of, the actions of CO Brumley? If not, why not? As Sgt. Lopez was the first to inform W.J. that “it was a joke,” did he rear his own involvement would be revealed? Was Sgt. Lopez just abusing his authority and derelict in the performance of his job duties, or was it because any such report could cast doubt on any past or future “busts” he and CO Brumley were involved in?
W.J. filed no official complaints or grievances concerning the incident for reasons stated above, and only spoke of the matter with this writer when he found out that CO Brumley had pulled “the joke” on another Alaska prisoner, M.C., who was treated to the same unnecessary search and “Oh look what I found” treatment.
Both W.J. and M.C. have asked that their names not be used in this essay for fear of harassment and retaliation, unless the matter comes to court. CO Brumley’s actions, with the direct approval of Sgt. Lopez, were not funny the first time, and proved simply to be abusive thereafter. CO Brumley and Sgt. Lopez have faced no official consequences and both continue to work with Alaska contract prisoners.
Alaska’s legislators, Corrections administrators, and any other entity, governmental or private, which does business with Corrections Corporation of America, should be made aware of these illegal and abusive actions on the part of CCA’s dishonest, untruthful, and untrustworthy employees and administrators. Contrary to the comment of Alaska Department of Corrections’ Special Assistant Donna White, personnel issues such as those noted above should not be confidential, but, rather, aired publicly as is every other criminal action.
Anthony Brown 3 / 31 / 6 CCA/FCC