attorney-client communications denied; at the whims of jail guards? ATTORNEY: JAIL STAFF INTERFERING WITH INMATE RIGHTS - Judge Conlogue denies Motion to Dismiss - Transfer of inmate Wilson said to be soon ====== Phoenix-based attorney E. Garry Grundy, III attempted to reach CCSO inmate Roger Wilson by phone early Tuesday evening. At some point he was given information by CCSO Detention Officer Christy Heisner-Cardona who said that the communications would not be allowed because she could not confirm Grundys identity, nor that he was a lawyer. Wilson has regularly complained of lack of access to legal counsel and has tried on several occasions to fire his court-appointed attorney Wendell Hughes. For what purposes Wilson may have contracted with attorney Grundy is not clear. This morning, attorney Grundy declined to specify his relationship with Wilson but said in a prepared statement: the right to counsel in Cochise County has been substantially encumbered by jail staff imposing arbitrary and capricious standards for a simple phone call with counsel; the right to counsel does not turn off and on like a light switch, and certainly not subject to the whims of jail guards. Attorney Hughes tried Tuesday afternoon to have the court dismiss charges against Wilson who has been held in the CCSO jail for a year without bail and without trial. Hughes noted that the state had failed to provide any expert opinion or diagnosis with regards to Wilsons alleged incompetence to stand trial, and now wants another bite at the apple. Judge James Conlogue denied the Motion saying that it appeared that arrangements to move Wilson to a hospital for evaluation had finally been made. Prosecutor/Deputy County Attorney James Glanville told the court that he had spoken with an acquaintance in the AZ Attorney Generals Office who was assisting in getting Wilson transferred to the Arizona State Hospital. A transfer was first contemplated 6 months ago. Wilson has regularly said that he needs medical assistance but that hes not incompetent. He has complained - including filing complaints with the state Supreme Court - of court and jail procedures which impede his ability to communicate with attorneys and aid in his own defense. Wilson told the court again that jail staff told him that CCSO Lt Ariel Monge had ordered call restrictions for Wilson based on some order or agreement with Deputy County Attorney Glanville. Wilson has maintained his innocence on assault charges, saying that in fact he was the victim of a beating and the charges are based upon false statements by unreliable witnesses and erroneous reports prepared by Sheriffs deputies. Wilson begged the court to release him on bail so that he could see a private doctor for treatment of injuries sustained with in the CCSO jail and for a thyroid condition that the jail medical personnel had failed to diagnose. The court did not respond directly to most of Wilsons requests. After the court session ended, Wilson said to the judge and court, l will not submit to mental health treatment. In the fall of 2014, at a Sells hearing, the county had sought a court order allowing forced medication to be administered by CCSO jail staff. Attorney Wendell Hughes noted at that time that the state had failed to prove the medical need, a constitutional requirement for such an order. Judge Conlogue agreed and denied that request. ======= Photos: Roger D Wilson, Attorney E Garry Grundy, III
Posted on: Wed, 21 Jan 2015 19:58:55 +0000