CCSO Inmate Wilson claims racketeering, malicious prosecution, mistreatment - Says ERC [Early Resolution Court] is unconstitutional - Names Judge Conlogue, Prosecutor Glanville, Legal Defender Larson FED COURT: CASE AGAINST COUNTY COURT OFFICIALS DISMISSED, BUT . . . - Deficiencies in filing, procedural errors do not preclude new filing on same basis ======= In mid-August, inmate Roger Wilson of CCSOs Bisbee jail sent handwritten paperwork to the U.S. District Court for Arizona in an attempt to get help. He is awaiting trial or other disposition of criminal charges since January 14, 2014. Wilson claims he is being held unconstitutionally without bond and that the prosection has no valid cases against him. He says his former court-appointed attorney, a deputy county attorney and the judge assigned to his case conspired to push him to plead guilty via the Early Resolution Court [which he says is also an unconstitutional process]. Wilson was previously represented by County Legal Defender Joel Larson. James Glanville is the prosecutor. Superior Court Judge James Conlogue is presiding over case CR-2014-00018. Wilson named all three in his attempted federal filing. On Sept 18 the court responded by closing Wilsons case. The court order [ tinyurl/lc99r57 ] explains that: The court is required to screen complaints brought by prisoners seeking relief against a governmental agency or an officer or employee of a governmental agency. The court must dismiss a complaint or a portion thereof if a plaintiff has raised claims that are legally frivolous or malicious, that fail to state a claim upon which relief may be granted, or that seek monetary relief from a defendant who is immune from such relief. The order includes a footnote saying that mailing a letter directly to a judge or court clerk is unacceptable, that all requests for action must be in the form of a motion and comply with the local Rules of Practice. The order dimissed the case - without prejudice - for failure to state a claim, meaning that Wilson could file again with his same grievances and requests for actions but stated more clearly and in proper form. In interviews at the jail, and by mail, Wilson laments the difficulties in communications [restricted phone calls, delayed mail, restricted access to law library materials including court rules, etc] which impede his ability to prepare his own defenses, find an attorney or assist any lawyer in preparing his cases. Wilson is currently represented in the local criminal complaints by court appointed counsel Wendell Hughes [of Tucson]. Wilson has tried to have Hughes removed as his attorney. Judge James Conlogue has denied those requests. Hughes recently argued that the jail could not force medication on Wilson and that the court did not have the authority to order it, lacking constitutionally required medical testimony by an examining physician. Prosecutor Glanville made the request. Judge Conlogue refused to sign it. Wilson has been in the CCSO jail for eight months, arrested on charges of disorderly conduct and possession of a weapon when prohibited to do so. He insists he was a victim of an assault and is not guilty. Wilson has not been to trial and has refused plea bargain deals. ======= Other CCSO inmates have complained that they cannot get pencils, access to law books, or photocopies made. They say that detention staff ignores their complaints, that written complaints get lost and/or that they suffer retaliation for making complaints. Wilson says he was punished with 19 days in isolation for having complained that his cell group had not had toilet paper for 3 days.
Posted on: Mon, 13 Oct 2014 01:22:08 +0000
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