Friday, January 29, 2016

John Kristoffer Larsgard - Part 7: Sabotage

John Kristoffer Larsgard – Consistent Sabotage

Dear Reader,

At the risk of putting this Norwegian citizen at greater risk of harm than he already is exposed to in Arizona state prison, let us look more closely at what we know since his prison sentence began. I would like to tie this to what is happening now, however, in part due to its urgency. See, “What we’ve got here is a failure to communicate,” as Paul Newman put it in the film, Cool Hand Luke.  Kris has sought to argue, since he was first placed in the Navajo County Jail, that he required medical attention – care, treatment and medicines he did not receive. He has, since, also sought to argue that his sentence was excessive. He has tried to study the law and has written his own motions (in English) to achieve re-hearing. Meanwhile, both prison administrators and medical care authorities have consistently sabotaged both his physical and mental well-being for no other purpose than to disrupt and ‘route’ his efforts, causing them to come to nothing. You can try to draw another conclusion from what I write here, but it is hard to argue that every prisoner is treated in this way. Sure, no one is perfect, but no one deserves to be treated as Kris has been in the time between September 24, 2011 and today.

Let’s start with this month, January, 2016. Kris was seen by a medical professional who confirmed on January 12th that Kris should be kept on the pain and anti-seizure medications he has been taking, including methadone. You know methadone is habit-forming, similar to heroin and is used to treat heroin addicts? Apparently, methadone helps Kris with the constant pain he has experienced since the “spinal cord injury of 2013” which occurred in Arizona prison. The professional also recommends updated imaging of the cervical and thoracic spine and recommends he see a neurologist. Other suggestions for possible spinal cord care were encouraged in the letter report.

Yet, on January 19th, he is brought from the detention unit he was in to an observation room where he is confronted by the nurse who earlier sabotaged his care in April of 2015 at another prison, Florence prison. The prison had discontinued two of his medications and he had complained, which was why she was seeing him. She indicated she had discontinued the two medications because she ‘did not believe they were appropriate treatment’ for him. She also said she was discontinuing methadone because “you just want drugs.” (Note the Catch-22.) Kris states that he tried calmly to tell her that the drugs were actually helping him function and without them he was in excruciating pain. The nurse then tells him that this is “decided” and that Kris will have to learn to ‘function without drugs for pain.’ She indicates they will (again) send him to a pain management specialist. Kris says he just saw a pain management specialist who suggested the medications be continued. The nurse indicates that that appointment was irrelevant – because she had not been the one who requested it.

The nurse emphasizes again that she will not give him any medications for pain and adds, “But you can grieve my decision because I know you like to file grievances and lawsuits.” The nurse then continues, stating that she will be removing Kris’s wheelchair. Reader, his walker was already removed from him on December 1, 2015 – why? Because he was being sent into a detention unit, similar to solitary, which has nothing to do with a person’s need to, well, actually walk around their room, if at all possible. The nurse then suggests he ‘learn to walk’ and insinuates that Kris did not have a spinal cord injury when, in actual fact, all the professionals involved in his surgery in 2013, as well as the one who wrote the letter one week earlier, recognize that he does. Kris then realizes that the nurse has had no intention of treating him by arranging this ‘appointment.’

Kris tells her that when he has a walker, he uses it, and he also needs a wheelchair – so he can go more than a few yards at a time. He mentions that he knows he will need that because he has a court appearance within about a month, a case he has managed to get some assistance with to file. The nurse insists that (despite the fact that Kris will continue to be in the custody of the state at all times), he cannot keep his wheelchair, and will have to figure out how to manage to get to court and appear there without it. As she tells him, to the following effect, ‘I’m just not going to allow you to believe and portray that you have an injury to people when it’s not true and hurts my colleagues.’ Kris begins to check out – I mean, he begins to lose control, is crying, is having flashbacks of being on the floor for three weeks at Yuma prison, and finally some other prison administrators arrive. Kris in the wheelchair has been slammed back against the wall, you see. He is worried about his neck as a result. Another medical nurse arrives, who presses on his neck, supposedly to prove that no new injury has just occurred. Kris is then seen by a psychology associate and returned to his cell.

What you have just read makes as much sense as Lewis Carroll’s Jabberwocky: “’Twas brillig, and the slithy toves did gyre and gimble in the wabe; All mimsy were the borogoves and the mome raths outgrabe. ‘Beware the Jabberwock, my son! The jaws that bite, the claws that catch! Beware the Jubjub bird, and shun the frumious Bandersnatch.’” Well, reader, should we go on? Into the heart of going crazy?

What would drive you crazy – or anger you to the point of being made crazy? Having an extremely serious injury, caused and exacerbated by those in control of you, people who not only decided intentionally to permit you to suffer with it, but also made it impossible for you to get well or get better – and who would also make it impossible for you to make your case, that you did not belong there or, at the least, required consistent medical care and pain management? And what if you thought you were in a new ‘home’ but they kept moving you around? What if, every time they moved you, you were not permitted to keep almost anything you had managed to acquire? This would include things such as paper, notes, books, research, your own writing? What if you were moved sometimes in the middle of the night, awoken and told to prepare to be taken to a new location, a new cell? What if you were told you could bring nothing with you? And everything you were working on in order to make your case was, as a result consistently taken from you?  What if, when you asked for those items, you were told they were “lost”?

Let us descend to another level of the hell that Kris has managed, to date, to survive in the Arizona prison system – how, you say? By reviewing his transfer record of course. It’s in black and white. Granted, some of those transfers are related to his need for medical attention, but, as his mother puts it, “I know that many of the moves were because he had such torturing pain. Then they would move him to isolation and say it was psychiatric. At one point, he got psychiatric medications from a psychiatrist, but these were not for Kris – they gave him terrible nightmares.” Liv continues, “And in one case a health worker took Kris for a talk. He said to Kris, ‘But how do you feel’. Kris said the pain and spasms were so bad that it would be better to die. The worker said ‘You are not allowed to say anything like that. I will have to start a disciplinary case again you for saying that.’ And they did – they made a disciplinary case out of that, put Kris in isolation – of course in pain without medications. This is just an example of how they operate.”

So what does the Arizona prison system think is the reasonable care of a human being, a Norwegian who drove wrongly down the wrong street, tried to turn around and leave and instead, scared some kids and got his nose broken by a local bully? The following year, the local prosecutor got a special award for his efforts to enhance community safety and security.* (*See earlier blog posts in this series for more information.)

With his nose broken, Kris was jailed in Navajo County jail, beginning on the afternoon of September 24, 2011 in Winslow. His bail was set to $1 million dollars for that alleged crime so he was effectively trapped. Seven months later he was transferred to the Arizona state prison ‘reception’ facility at Alhambra. And here begins the dramatic, incredible and heart-breaking list of his transfers to date.

Transferred May 10, May 21, June 20, July 16, July 20, October 28, 2012

On May 10th, 2012, Kris was transferred to Lewis-Stiner prison, then on May 21 to Lewis-Bachman, on June 20 to Yuma-Cibola, on July 16 to Yuma, CMU, on the 20th back to Yuma Cibola, and on October 28, 2012 to Yuma CMU, the isolation unit.

This October 28th transfer to the Yuma CMU unit was because, as Liv puts it, he was, on October 25th suddenly attacked from the back by an unknown person who kicked his head causing him to fall down. He was in such pain, but the doctors would not prescribe pain medication. He was therefore sent to isolation without medications. Liv believes this attack was arranged for by the health care provider at the time, who was miffed at Kris’s repeated ‘Health Need Requests,’ written and submitted by Kris.

It was at this point that Kris had the seizure that resulted in his falling backwards in his cell on December 3, 2012. One deputy warden told Liv they could see how much pain he was in after this and told the medical administration – who did nothing.

Transferred December 19 & 26, 2012

Finally, on December 19th he was transferred to Tucson – Rincon unit, a medical unit where they claimed he was faking being ill. This month he was in ‘mental health watch,’ which meant Kris could not possess any writing instrument, and therefore could not write complaints and requests for care he wished to write. 

Finally, on December 26th he was transferred to Tucson – Winchester. On December 30th 2012, Liv got her first phone call from Kris in which he told her he was very ill. While at Winchester, he was unable to walk and had little feeling in his left hand and side. As a result, some inmates there borrowed a wheelchair and helped take care of him themselves. 

Transferred January 1, February 6, 2013

Finally, on January 1st, 2013 he was – literally - dragged to medical care. He was given a CT scan and sent immediately to the University of Arizona Medical Center for emergency surgery. After surgery he was guarded in the hospital during post-operative recovery. There he was threatened with violence by one guard monitoring him after Kris, while trying to re-adjust himself in bed, bumped the TV remote control the guard had left there, causing the channel to change while the guard watched TV.

On February 6, 2013, he was released from the hospital and transferred to Tucson prison’s health unit.

Transferred May 9, May 10, May 14, 2013

Then, in May, 2013, he was transferred 3 times, from Tucson prison’s Whetstone unit to the Rincon health unit and then to the Rincon psychiatric unit, a unit reserved for the seriously ill psychiatric prisoners, also not Kris and not a medical unit.

Transferred June 22, June 25, August 6, 2013

Kris’s next transfer occurred a bit over a month later, on June 22nd, 2013, to Rincon SNU Unit M. There he was, according to his mother, ‘disappeared’ for three days. Later, he told his mother how they came in the evening, stripped him naked and put him in an isolation cell. The walls and floor had excrement and blood all over them. Kris asked for a blanket and was given a rug covered with blood. The guard then said, “You are not worthy to have anything else.” This was done, he was led to believe, according to Liv, as a retaliation for his having spoken to the Norwegian reporter from VG, the Norwegian newspaper, for a short interview on June 14, 2013.

On June 25th, 2013, Kris was transferred back to the Tucson Rincon psychiatric unit, not an appropriate placement for him, where he spent most of the summer. He was then transferred to Tucson’s Manzanita Unit on August 6th, a medium-security prison designed to “help inmates prepare themselves to rejoin the wider community.” There, he was kept for the next 7 months, during which time he was to wear a large neck-body brace-girdle he had gotten after his surgery. He was also supposed to be seen by a neurologist and a pain specialist.

Transferred March 12, March 12, March 12, March 12 & March 13 2014

After an assisting attorney filed a motion to secure Kris’s re-examination, which was not happening, he was transferred on March 10, 2014 for a CT scan at the University of Arizona Medical Center. After that exam, Corizon health personnel stated they had decided that Kris was now completely well and did not need any medical care. They wished to send him to Yuma prison, where his neck was broken in the first place. During one single day, while Kris contemplated being returned to his former place of torturous ill treatment (the three weeks on the floor place with no medical assistance or examination – see Blog post 6), he was transferred to 4 different units in a period of 24 hours. That was March 12, 2014. First, he was sent to Tucson’s Whetstone prison, then to Tucson’s Complex Detention Unit, then back to Whetstone and then to the Rincon psychiatric unit (which was inappropriate for him). These transfers were effected in what is called in Norwegian a ‘glattcelle’ – a cage designed to protect persons from hurting themselves or others - such as those which, in February, 2014, were judged by the state of Norway to violate human rights. The day after the 4 transfers, March 13, 2014, Kris was sent to the Tucson Manzanita Detention Unit, a solitary style holding cell. Here he was kept for 5 days.

Transfers and attempted transfer March 18, March 27, March 28, March 29, March 30, March 31, 2014

On March 18, 2014, the Arizona prison system tried to transfer Kris to Yuma prison. Kris was chained onto a bus headed for Yuma. On the bus, Kris had a seizure, in part due to having been taken off of his medications. “Fortunately,” writes Liv, his mother, “the bus had rubber mats on the floor.” The bus returned Kris to Manzanita where an ambulance was called. Kris was then taken to the hospital in Tucson where he received necessary medications and was then sent back to the detention unit at Manzanita prison.

It was just a few days later on March 27th that they again came, early in the morning, to Kris and told him they were taking him to a neurology appointment. Kris was then taken directly to Yuma prison without any appointment.

As Liv says, “Yuma prison is like a death sentence for Kris. They have just a small hospital and no medical unit. But since Corizon reported him completely well and in no need of medications, he was being sent into a no-treatment situation.”

Of course, things could not go well for Kris here, who needed both medications and regular medical care. One day after arrival, he was transferred to Yuma’s Dakota C unit, the next day to Yuma’s Dakota CLOS unit, the next day, March 30th, 2014, to Yuma’s Dakota Isolation unit and the next day to Yuma’s La Paz unit. Here, he managed to live in one room for 17 days in a row.

Transferred April 17, May 2, October 18, November 3, December 25, December 26, 2014

On April 14, he was moved to Yuma’s Dakota unit again. Here, he managed to live for 14 days in a row before being moved again to Yuma’s La Paz unit. Here he managed to survive another 5 ½ months before being moved to Yuma’s Dakota unit again, where he stayed until November 3, 2014 when he was finally transferred away from Yuma, to Florence prison East unit.

But, sadly, it was at the Florence prison that the local health providers (Corizon health) began their determined efforts to remove him – again - from necessary pain medications and treatment, using persistent efforts to sabotage his health, both physically and mentally. From Florence’s East unit on November 3, he was transferred on December 25th to Florence’s Kasson M unit. Then, back again on December 26 to the Florence East unit.

Transferred April 27, 2015

January, 2015 lead on to February, March and April. On April 27, 2015, Kris was transferred to the Eyman prison’s detention unit. This transfer was brought about by Corizon health staff after stopping Kris’s pain medications on April 21st. But why was he transferred? He had an appointment with a pastor of the Norwegian Sj√łmannskirke (Seamen’s Church, with worldwide locations, this pastor from the church in San Francisco), a meeting that was approved and set up for the morning of April 27, 2015. When the pastor arrived, Kris was not there – because he had been transferred away in the early morning hours – in other words, in the middle of the night. This visit from a representative of a Norwegian state organization, whose primary duty is to lend comfort and support to Norwegians around the world, was intentionally sabotaged by Arizona prison authorities. 

Transferred May 20, May 25, June 4, June 26, June 29 & July 6, 2015

From Eyman prison, he was transferred about one month later to Lewis prison’s detention unit, and 5 days later to Lewis’s Stiner unit, then 11 days later to Lewis’s Buckley unit. This was on June 4, 2015. There, he was able to call Liv, and told her he was warned by some prisoners that Corizon staff had told lies about him – in order to make some prisoners take him and hurt him.  Liv felt lucky that Kris had just recently been given the right to call her, which right had been denied for about 5 months. Liv reported what Kris said to an attorney who assisted him and contacted the prison, where Kris was sent into detention, which they felt was an effort to save his life.

On June 26, he was sent to Lewis’s Bachman unit and 3 days later back to Lewis prison’s Stiner unit C. Making it 4 transfers in about 4 weeks, he was transferred to Lewis prison’s Morey unit on July 6, 2015.

But let’s give the Arizona prison system a break here. They were after all attempting, on July 1st, 2015, to respond to a major prison riot uprising at the Kingman prison complex, where the prisoners were not fighting each other but against inhuman prison conditions. As a result of this uprising, a total of 2,404 inmates had to be moved quickly to some other prison, so there was a lot of shuffling.

Transferred August 25, 2015

Kris managed to live in one place at Lewis prison for 6 weeks before being moved back to Tucson’s Manzanita unit on August 25, 2015.

Since November 28, 2015, Kris has been refused calls to his mother. Since December 1, 2015, he has been held in Tucson’s Manzanita Detention unit, similar to an isolation unit. On that day, his walker was from taken from him by prison authorities.

***

And now, reader, we’ve come full circle. Would you like to remind yourself where we are?  Go to the top of this blog and start reading it again. That’s where we are. Nowhere. Disappeared. Denied his medications and the equipment he requires for physical exercise and mobility.

So why go through this listing of all of his transfers? It’s all just facts, so what. There is nothing special about it. Yes, some transfers occurred in order to provide better care for Kris, but many seem pointless or cruel for someone with physical handicaps, handicaps brought on by and within the prison system itself. The reason, from my perspective, to dwell on these is, in part, to recall that, at almost all times, Kris was attempting to write and challenge both his sentence and the condition of his treatment, care and medication. At all times, these transfers removed all materials he had managed to assemble while attempting to make these efforts and did not return them nor let him keep them, regardless of how harmless those pieces of paper were, regardless of how harmless those law books were that his mother bought for him, regardless of how his notes were written by him and he had a right to keep them. At no time was this permitted to occur, and the system of sabotage of Kris’s efforts was effected easily enough – by walking around his human rights, by transferring him repeatedly and consistently. By sabotage.

According to a general dictionary, sabotage is any willful underhanded interference with a cause, an intentional undermining of a cause. It’s usually found in the law of war, but perhaps we are in a war here. After all, synonym verbs include: disable, vandalize and cripple, all things Kris has experienced under the detention and at the very direction of Arizona prison authorities – repeatedly and repeatedly.

Kris was, as a result of these conditions, unable to be effective in reviewing and contributing to his own appeal, already taken and denied despite serious problems in the district court’s record. We are also talking about transcripts from that court disappeared, the denial of access to transcripts, and files disappearing. We are possibly talking about serious corruption here.  Anyone interested?

***

In my next installment, I hope to discuss more fully the Arizona prison system’s prisoner population, release possibilities and update you on the new hell he will surely face as he prepares, hopefully, to go to court on his own behalf to discuss his treatment and care, as well as his sentence. In the meantime, I am requesting that more attorneys in prominent criminal law practice and immigration practice in the federal district of Arizona and/or 9th Circuit Court of Appeals consider assisting Kris in his efforts. These should include efforts to achieve early release under Arizona’s own statute, “Release to deportation at one-half of sentence imposed,” ARS sec. 41-1601.14, designed to release inmates who are foreign born into the custody of their native country. This should bring U.S. federal authorities and the state of Norway into a discussion – and a capacity for action on Kris’s behalf - due to the coordination needs for such a release to be effected.


Friday, January 22, 2016

John Kristoffer Larsgard - Part 6

John Kristoffer Larsgard – Blog 6

I decided recently to discover, if I could, the general life status of John Kristoffer Larsgard, the Norwegian who was imprisoned in the state of Arizona after having been caught in Winslow after a car accident with his mother. If you are not familiar with this story, you will find details of that online at various news articles in Norwegian and English, and also at my five previous blog posts entitled with his name. These are posted at my website as well as at my Google blog, “Edvenson Consulting: News and Views.”  Folks call him Kristoffer or Kris. I last wrote about Kris’s situation in the early Spring of 2012. And finally, attention is once again turning to him and his current predicament. None too soon, since he is now disabled – by and due to being in Arizona state prisons – and should probably have already been released to custodial care – paid for by the taxpayers of Arizona.

John’s prison time in Arizona began on Sept. 24, 2011. He was later sentenced to 7 ½ years in prison which, under normal procedures, would include ‘time served.’ He has thus now been in Arizona’s prison system’s custody for over half of that sentence – a period that many prisoners expect might result in release for good behavior – especially when prisons are overcrowded and understaffed, which Arizona’s are (see the State Auditor General’s recent report to the Arizona Legislature).

I was talking to his mother, Liv Larsgard, in Oslo. “Well, why hasn’t he been released yet?” I ask. “Because he’s had disciplinary cases against him, I imagine,” she replies. “Like what?” I say. “They said he was in a yard in his wheelchair and he wasn’t supposed to be there then, so they made a case of it. He said he had not been there and they could check their videotapes to see, but they just said ‘No.’ They don’t care.” “You’re kidding,” I say, “Well, do they add time for something like that?” “I’m not sure,” Liv answers, “but these disciplinary cases add up and then they put him into confinement. Like someone left their jacket in his room while visiting, so he took it back to their room in his wheelchair and tossed it in there, and they said that was forbidden so he also got in trouble for that.” Liv continues, “They said he could not make phone calls after November 28th last year because of these disciplinary behaviors.” As a result, Liv cannot talk to her son and he cannot keep her informed of his situation. I think she’s done, but she’s only getting started. “And they started returning my mail. You see, I was using pre-printed labels for his address and my address, and now no mail can go into the prison with any attachment so that’s not allowed.”

“Liv, why have they stopped your letters to him?”  “They haven’t just stopped my letters to him – they keep them for some weeks un-opened and then they send them back. They say they cannot contain labels.” I say, “You mean they can’t include the ‘Documents only” label that the Norwegian post office wants to put on the envelopes – because the U.S. would like them to?”  “Yes,” she bemoans. They think of anything to keep us from having communications.”

I’m feeling more and more like I’m the one who is drowning. So I try to do some basic arithmetic. “Okay, Liv, if he’s been in prison since Sept 24, 2011, he’s now been in prison over 4 years.” Liv pauses but it’s hard to say what she has to say. “I think they’re trying to kill him.” This sounds preposterous, so I have to ask how. “Well, he has been transferred 11 or 12 times just in 2015. He keeps trying to keep copies of the court documents he wants to use to file papers to try to have the case re-examined, but every time they move him, they take away all the documents he has in his possession and they never give them back. So he has to start all over again with his documents and his writing.” “Liv,” I say, “this can’t be permissible.” “That’s not all,” she continues, “The folks in Corizon Health told some other prisoners at his prison that he was an informant against them, and they hoped this would incite them to hurt him. And this happened more than once – at least twice.  But some other prisoners heard the people involved talking about it, and told Kris, so he was able to go to the guards at the prison and tell them – so he could be put into the detention unit.” “What’s that?” I ask. “That’s solitary, or nearly so” says Liv. “Why?” “For his own protection,” she replies. So he’s now at Manzanita – Detention Unit.”

Liv says she’ll send me some documents that well-wishers, both attorneys and non-attorneys, have helped Kris put together just recently. He is currently bringing some cases in the courts, representing himself. He has had the kind assistance of a couple of attorneys, helping with the legal references and contexts. His mother, Liv, also keeps documents and notes, and receives a bit of help from friends and concerned persons in the Oslo area.

I am going to take one of those documents here in this blog episode, and simply take what are listed as the “allegations” and turn them into a story.  I mean, why not? Let’s assume this is true, why don’t we? Why would someone make this stuff up? How could they imagine this? And before I begin, let’s recall that Kris was a relatively normal guy - but with a specialized neck injury and major neck surgery, on ordinary prescription medications for neck pain, and walking and talking when a Winslow native busted his nose, the cops arrested him, threw him into Navajo County Jail, and someone in the jail then managed to scuffle him to the floor and step on his neck, where he had previously had specialized surgery on his vertebrae in Iran.

After over five years in Arizona state prisons, Kris is now having to use a wheelchair and walker due to partial and probably permanent paralysis of part of his body.

Kris is preparing to argue that continuing to imprison him is unconstitutional and, as well, is completely disproportionate to his crime, which was, in effect, the crime of having unknowingly become a threat to the safety of persons who experienced no serious injury as a result.

So I’m turning to the contents of his story, as found in “Defendant’s Pro Per Petition for Post-Conviction Relief, No. CR2011-0767/CR2011-0780, Division III, (Evidentiary Hearing Requested)(Oral Argument Requested).

As background, Kris attended medical school in Australia, but began to have severe neck and hand pain. He had treatment for that in Norway and specialized surgery in Iran, where a surgeon specializing in such delicate surgeries was stationed at the time. His mother accompanied him on that surgery trip, having therefore gotten a visa page with her photo in her Norwegian passport, in which she, in deference to their culture, wore a head scarf for the visa photo. (This page was photocopied and kept as part of the Navajo County case documents as evidence of Kris’s and his mother’s link to terrorists.) So Winslow, with its population’s average age of 35, finally had their own terrorist.

Kris had also attended North Park University in Chicago, one of my alma maters, graduating Summa Cum Laude. He was living in California and studying to take the U.S. MCAT medical school entrance exam. His student visa renewal papers were in the process of being handled and, after he was jailed in Arizona, it became impossible for him to send the one fingerprint that application still required in order to go forward to processing. He did not therefore ‘let his student visa expire’ as some have suggested: it expired because his liberty was removed from him before he could finish the process, which was being handled in a timely manner.

Blame the navigation system: Well, I certainly could do that – on more than one occasion, it has oddly told me to do what I thought surely could not be correct – and was not correct. Kris was following a new rental car navigation system to try to get to an auto shop address in Winslow where his and his mother’s luggage were being held for them to pick up so they could continue their trip to Chicago – when he ended up entering an area in which a special community celebration was occurring. When he backed up to turn around, he did not see persons put into danger. Of course, he would not wish to endanger anyone when the car hit the curb. It was at the point when the father of some children on the sidewalk got enraged and ran after Kris’s and his mother’s car that thing began to disintegrate.

But let me leave the events of that fateful day behind us for a minute and talk more about what has happened since Kris entered incarceration. I won’t even get that far: I’ll have to write more soon.

Since Kris was sentenced he has brought a federal case claiming the state’s deliberate indifference to his medical needs while he has been in custody. The District Court denied summary judgment, meaning that they did not permit the case to be dismissed out-of-hand. Specifically, Kris has suffered such serious injuries while in the custody of the Arizona state prison system that he had to undergo emergency neurological surgery at the University of Arizona Medical Center. This occurred after he was (1) left on the floor of his cell for nearly one month with life threatening injuries (he could not sit or stand up): (2) he had what they knew was a history of seizures, and (3) he was eventually taken to a hospital in Tucson where the surgery was performed.

Problems were apparent even at Navajo County Jail when Kris was unable to receive the prescription medicines he was used to having. Staff were told and nothing was done about it. Without these and with the addition of intentional inmate injuries to Kris, he was experiencing severe pain most of the time. Kris described this pain as so extreme that death would have been more humane.

The medication he has received has varied greatly, and the most effective medicines have often not been prescribed nor provided consistently - a primary concern being that some of the medicines which work best for his situation are classified as narcotics, medicines freely prescribed in Norway, but for some reason considered a ‘security concern’ in Arizona. While Kris could usually get Ibuprofen for his pain, he also received no physical therapy after his degrading condition persisted. He was able to live a relatively normal life out of prison, with mild pain and medication. He told the prison staff about what he needed, and they stated that it was a controlled substance and was generally unavailable no matter what the inmate’s medical history. They did continue another medication that was designed to prevent seizures and muscle spasms. Still, his pain persisted.

When he was first sent into the state prison system, he was sent to the antique, dirty and dangerous Alhambra “Reception Facility.” From there, he was sent to Lewis prison in May, 2012. Here he requested a visit with a pain specialist for pain treatment for cervical spinal pain but was given only one of the two medicines he needed to successfully live with the pain. As a result, he had a seizure in his cell and awoke in pain on his cell room floor.

He was then seen by a doctor at Lewis prison who informed him that “chronic severe pain” was not “a chronic condition recognized” by the Arizona Department of Corrections. That’s news to me, reader. One learns something new every day. They did, however, state that seizures could be treated. The doctor prescribed the anti-seizure drug while Kris, familiar with it, tried to discuss with him the fact that this drug had significant adverse side effects. The doctor refused to prescribe medicine for Kris’s severe and chronic pain and, instead, suggested he submit another application for a health review and ‘restart the process.’ Because Kris could not get the medication he was used to having for pain, he began to suffer incontrollable muscle spasms in his neck and upper back.

In June, 2012 Kris was transferred to Yuma prison, but his medications and medical files were not sent there also. As a result, Kris was without his pain medication and suffering extreme pain at Yuma. He pleaded with Yuma prison staff to receive medical attention, but was advised that since he had been transferred to a new facility, he would be ‘at the end of the line’ of inmates to be seen. He was also told to expect considerable delay since there was only one medical doctor for Yuma, which houses about 5,000 inmates at any one time.

Kris became desperate and sent numerous letters of appeal to correction facility health service administrators and others whose concerns included inmate health services, and despite getting some answers, none resulted in any immediate help. Eventually, Kris got medicine that reduced the pain to moderate to severe. Then, in July, 2012 he was told his medical provider would be switched to a privately owned and operated company. Kris’s health condition began deterioration when, in late July, one person said she would attempt to get him the pain medication he needed as well as the seizure medicine he had used previously. While he did get some medications, in August he was told that his pain issues were now resolved when, in fact, his pain was still occasionally severe and was resulting in progressive deterioration of his physical condition. As early as 2012, he was having difficulty writing as a result of the effect of this pain, which he called “akin to torture.”

While Kris was at Yuma and while his condition worsened, his mother managed to put together the medical history files that illustrated Kris’s medical condition and history and deliver them to the doctor at Yuma. This doctor then saw Kris in September, 2012 and decided that Kris was not in any significant pain and “had to learn to live with some pain.” The doctor stated that the previous doctor opinions and prior treatment of Kris had no meaning within the Arizona Department of Corrections and that they would not be requesting stronger pain medication for him. In another visit to this doctor, the doctor emphasized that prison was supposed to be punishment and not comfortable.

Catch 22

As a result, in December, 2012, Kris had another serious seizure and was left in a state of partial paralysis. Kris woke up on the floor of his cell and could not move the left side of his body. Despite this status, Kris was left on the floor of his cell for the next three weeks. He was laid on a mat and given an empty shampoo bottle to urinate into. He managed to use the toilet about once each day, which was one foot away and took him 30 minutes to maneuver himself onto. He was also refused medical care treatment at Yuma because he had filed papers complaining of the lapses in his medical care and treatment.  Staff at Yuma began to call him a “faker” and a “phony,” suggesting he was having “psychiatric issues” and no tangible physical injuries. He was eventually transferred to Tucson prison for psychiatric evaluation.

Once at Tucson prison, Kris was taken to the emergency department of University Physicians Hospital in Tucson where the staff determined that he had sustained serious neck and spinal cord injuries, and he was ordered into immediate spinal immobilization. Kris’s blood pressure at this point was so low that staff initiated a trauma procedure and he was transferred to the University of Arizona Trauma Center for immediate surgery. He remained hospitalized until February of 2013.

When he was discharged from the hospital, he was taken to the state’s Tucson prison medical unit. He was required, by his health providers at the hospital, to wear a body brace and pads, and was supposed to receive magnetic resonance imaging (MRIs) to monitor his progress. But that didn’t happen.

At about the same time, the state of Arizona terminated the contract they had with Wexford, the private contracted health care provider, and Wexford was replaced with another for-profit correctional medical and health service provider, Corizon. Which brings us to the folks who are more interested in planting rumors that he’s an informant when he is not – so that someone in his prison can kill him, an accident of course that could not be prevented – than they are in actually providing health services to prisoners.

What Kris is trying to do, instead, is argue his case for adequate medical care and treatment. He has filed more than 30 applications for health services to date, pleading for adequate medical attention. His pleas are joined by those of former Wexford staff whose professional opinions are ignored by the folks at Corizon. As a result, as he says himself, he sometimes wishes he would go to sleep and never wake up.

But Kris is also a fighter. Oh, you say? He’s not allowed to be a fighter.  Well, when the fight is one for justice, it is hard not to be moved, in my opinion. Surely, as Kris wants to argue, the seriousness of his health issues were part of the factual evidence that was never given sufficient weight in his first trial. Had it been, do you think that the jury would have convicted him of attempting to endanger life and limb using a murderous tool? (The car that he was driving while trying to get away from people running after him, get his luggage and leave town?). As Kris can, I believe, reliably argue, (since I have read the Plaintiff state’s closing argument transcript), Kris’s pre-existing physical condition at the time of the incident as well as his medical history were clearly at issue already when the charges were filed, should have been the subject of discovery and should have resulted in facts produced at trial with even the least amount of professional diligence an attorney could muster: it must therefore have been intentionally ignored.

This has to have been the case since the visa page from Liv Larsgard’s Norwegian passport showing her wearing a scarf over her hair was not ignored – and the reason, as she explained, was that she was in Iran with her son for specialized spinal neck surgery, the cause of their earlier trip to Iran.

Would Kris’s neck difficulties have caused him to have an accident? No, his mother was driving when they had the accident that landed them in Winslow. But would it cause him to have difficulty making a three-point turn in a new rental car in a town on a street where he had never been? Of course it would. Would that ‘go toward intent’ (causing a reasonable doubt in Kris’s intent to intentionally harm others)? Of course it would. And would having your nose broken by someone running up alongside your car and punching you in the face through your open driver’s side window cause you to have difficulty deciding what was best to do next? And drive sporadically? All of which was NOT ignored but repeatedly and repeatedly drilled into the jury’s minds.

I’m done here. I’m back talking to Liv in Oslo. “So, what happened next?” Liv says, “He fell backward on December 3, 2012 – at Yuma prison - and broke his neck due to falling back. They left him in his cell to die.  He was left for nearly a month. Now he is using a wheelchair and a walker.”

“And when did you see him last?” Liv replies, ”That was in 2013. It was all set up: the permissions were obtained and I had come all the way – from Norway. Everything was arranged beforehand – everything. Then, when I got there, they told me I could not get on the bus: that I could not see him, they had changed their mind. This was at Tucson prison.” So what happened? She continues, ”They said a CO3 had decided it.” (Corrections Officer 3) “So I decided to ask someone else – so I started to walk toward two guards with dogs. They kept telling me to stop, or they’d let the dogs loose, and I hollered back that I was not going to stop and I didn’t care what they did to me, because I was supposed to see my son and I had come from Norway and it was all arranged. Then, they got two ladies who were very nice and they re-considered and said I might see Kris. Then they checked me for metal and said I had to be more covered up than my V-neck shirt, so I went back to my car and put on more clothes, and then they let me in."

“Doesn’t anyone else see him or speak out?” “Well,” says Liv, “The Norwegian consulate – they want to be informed but they don’t want to help. They say, ‘He’s in prison? Then it’s up to the prison.’ But I think it is a violation of his human rights. They could do something, couldn’t they?” 

I agree that they could. I have had International Human Rights law and I have sufficient knowledge of the facts to suggest that they could. As a matter of the practicality of international human rights law (i.e. why have it if it won’t work?), as well as simply an effort to bring it into effect, it is the obligation of general governmental institutions – at all levels and in all respects - to involve themselves – precisely because it cannot simply be the case that procedurally ordinary avenues could or would result in addressing these types of wrongs: the wrongdoers are often the very bureaucratic culprits, and are not necessarily in a position, individually or as a group, to change their ‘sick culture’ into one that can secure the very specific international human rights the nation itself pledged to uphold in its treaty signature.

 But what about the rest of 2013? All of 2014? All of 2015? And now it is 2016. I think I’m missing some of the story and we’ve already been talking for an hour. Liv continues chatting, time out of context, “He was kept in a cellar for 3 weeks, in solitary, from a March into June.” I then learn that a pastor from the Norwegian Seaman’s Church in San Francisco went to see him during this time. He was chilled, apparently, in more ways than one. Liv says, “He’s not allowed to talk about it - by the Norwegian authorities. . . . because it’s torture: to keep one in pain in the dark. His eyes, you know . . . He was in chains – his hands, his feet.”

She then pauses, “But it was nice they let him see Kris.”