You’re welcome to. I’m not really interested. Yes, in spite of what happened, but perhaps more accurately, because of what happened.
You see, when Donald Trump won the presidency, it was November of 2016. He quickly took to Twitter and said something mean and stupid about someone else. I quickly took to Twitter and replied that, as President, he should behave in a presidential manner – and that, basically he should “shut up” and not use Twitter as a platform for – whatever he had on his mind. He continued to use Twitter, and I continued to reply that he shouldn’t. I’m pretty sure he never ‘blocked me’ on Twitter: I’m frankly a pretty tiny fish in the sea of Americans who didn’t like him and didn’t want him to be our President. I’m sure he’s gotten, by now, hundreds of thousands of tweet replies that say, basically, what I have said in mine.
What I did do, however, was happen to mention on Twitter in a tweet or tweet reply that if he wouldn’t stop being so stupid, I might have to run for President in 2020 myself, seeing as I was certainly more qualified than he was to be President.
It’s all there if anyone wants to see it. My Twitter 'feed name' is: @pelicanposts. This was back at the end of 2016 and beginning of 2017, as Trump began his presidency. I know: you’re too busy. And I am too busy - to look back at this material: life and important events rush forward and priorities carry us on to the next day and important issue to address. Like many, I have used links to interesting and important stories and opinions to share my own concerns and requests for action - on Twitter. My focus has been on the environment, responsible budget management, responsible tax policy, responsible public administration, responsible human rights and rule of law participation points. You get the picture.
In the Spring, I often go to Florida these days. There, I visit my sister and my aunt and uncle and generally get my fill of sunshine and warmth, returning to Norway after the birch pollen season ends, with my sinuses thankfully intact and saved from the experience.
That explains why, on May 31, 2017, I was boarding United Airlines Flight 1631 from Tampa to Newark, with a continuation ticket to Oslo that evening on Scandinavian Air. We were scheduled to take off about 2 p.m. I had been seated at a seat of my usual choice, an aisle seat about half-way back on the plane on the right. Before the plane took off, I was approached by one of the airline stewardesses: I was going to have to move – I declined. She said I could not choose not to move, and I would be seated in the back row, right, with a window seat. I told her I did not want a window seat and was fine where I was. She said she was sorry about it, but I could not stay seated there. I was re-seated – against my wishes.
Shortly after the plane took off, the seat next to me, which was empty, was filled by an overly gregarious guy from the front of the plane. He said he was with his wife and just wanted to take a break from sitting up there. She came back a few minutes later, bringing him two bottles of red wine. He asked me if I would like any and I said no. I was not interested in talking to this man, but he was very interested in talking to me. I tried to read and he continually interrupted me. He simply ‘had’ to know where I was from and where I was going, expressing amazement and delight over nothing at all. He also simply ‘had’ to show me all of his Facebook photographs, which oddly were materializing on his cell phone, despite the fact that we were flying through non-internet connected space. He had to talk to me about how he met his soul mate in - why, yes, Bradenton, and how she had a son from a former relationship but they all got along very well. I asked him at one point what he did for a living and he told me he actually spoke to women on the phone - for money – that’s right: they were lonely and he would hear them, ‘console’ them, you know, it was lucrative and they called and he would talk to them. Not get involved, but yes, help them feel better. He said he was spending part years in Florida and part years in Greece. And, oh, by the way, he and his lady friend were on a trip to New York to attend a wedding. So he said. I didn’t ask whose.
Eventually, this man who insisted on scrolling through hundreds of photographs of the Greek Islands, all of which looked like every other person’s photos of the Greek Islands, steered the conversation towards politics. Would your antennae not be up at this point, reader?
I asked this man, who said his name was Andreas (but who could not produce his Facebook front page showing me that the name Andreas appeared there), if he wished to continue to chat, wouldn’t he please send me a friend request on Facebook. I had, as I told him, both a personal page and a business page. He said he would definitely do that.
He then insisted on discussing Donald Trump, not pejoratively, but to question what he was about, so to speak and get me to comment. I declined to engage. He then asked me what I would do – wouldn’t I like to change the Republican party. (I was a Republican candidate for office in the past, in the Chicago-Oak Park, Illinois area during the 1990s on two occasions.) I did not ‘bite.’ By this time the two bottles of wine were empty and he’d had to let me fall into my own solitude, on and off. But before the crew announced that we would be starting to descend to our Newark destination, he asked me if I’d ever had an interest in running for President.
I had nothing to hide - I had tweeted to the effect that I would - if no one else decent did.
Then he turned to me as he stood and said something to the effect of, ‘Well, I think it’s pretty presumptuous to assume that someone can run for President just because they don’t like the way things are going. I think I may have said, ‘Oh, you think so.’ He then said, ‘Yes, you wouldn’t want to do that now, would you?’ I could hardly believe my ears. I believe I may have said, ‘What?’ He repeated himself quite firmly as he stood to leave and return to his seat up front, ‘You wouldn’t want to do that now, would you?’ I answered softly after a brief pause, ‘No.’ His last glance at me held no amusement, and his jolly demeanor was already gone.
The flight landed and that was the last I heard from or saw ‘Andreas.’ By the way, there is no Andreas matching this man’s age and description located in Bradenton, Florida on Facebook. So here are my questions:
• Who was this man?
• How was he able to bump me from my plane seat and re-direct the way in which I would spend the flight?
• On what pretext was he able to secure the cooperation of United Airlines in what basically turned out to be a hazing situation related to my expressed interest in running against Donald Trump as a Republican for President in 2020? A hazing that, given its intent, was undertaken specifically to get me to give up my right to freedom of speech and expression, in part, as well as my right to freedom of association and the free will to be involved in determining what I will do, why and when.
• Who would do this? And why?
• Who paid for it? And why?
At this time, Steve Bannon was on the White House staff as an advisor. I also knew that I had tweeted a reply to him that he wouldn't have liked. He was not a big tweeter but had tweeted, after Trump's win, that it was 'his way or the highway.' I replied that I guessed it was the highway for him - seeing as we lived in a democracy and the people decided what happened, not him and not one person. Could Bannon have 'effected' my plane visitor? Bannon's history in Florida, by the way, is rather odd: https://www.heraldtribune.com/news/20180424/behind-casey-key-address-steve-bannon-used-questionable-associate . This is where the man who would politically harass me on the plane got on, claiming to live in the area that Bannon and his crony lived.
I think these are good questions and may lead to discovering that this sort of thing has happened to others, others that expressed disdain with President Trump’s demeanor and direction and were told, by someone at some moment, not to even get serious about it.
Who would that be? I would say, the most refreshing of the dismal possibilities is the Republican Party itself. In that case, who paid for it? Where is the paperwork? Why would they do this? Are they not open-minded about what Republicans think about President Trump? We now know that they are not only not open-minded, but that the Trump organization, only a week ago, enlisted the Republican party in creating a single entity that will go forward towards the 2020 election on Trump’s behalf. And that is plain scary.
The next possibility is that the Trump organization itself was handling this – perhaps through their national security apparatus, which was, as we also now know, ‘compromised’ during the beginning of Trump’s term. Was one of these compromising agents involved in the little escapade to shut me up? In any one of these cases, perhaps the FBI, or even Mr. Mueller himself, is interested in my story.
Well, let the hounds of legal justice and rule of law out: we've got some wolves to find, and they haven't been found yet. They have frankly roamed a United Airlines plane - with impunity - targeting a person who wished to express her opinions about the current President, and who, also, offered to run for President. Me.
I am simply saying, this isn't nothing - this is big. And this is not okay. This is not even in the least permissible.
You see, it’s not alright to treat people like this for speaking their mind in America. That goes for all the people of the United States. We must stand up to this sort of behavior, and we must do it now or risk losing even more of our precious but fragile rights-based freedoms.
I hope someone is interested in tracing down what occurred to me on that plane, who this man was, who sent him, why, and who paid for it. I will help as much as I can. I think it’s the least we can do for the little man or woman who might, someday, want to run for President of the United States – the one who should NOT be told that they “better not even think about it.”
-June Edvenson,
an American attorney, living and working in Norway
www.edvensonconsulting.com
Tuesday, December 25, 2018
Sunday, October 9, 2016
Congress? Give Republicans What They Deserve
Congress: Give Republicans What They Deserve
The NPR commentator says, “Why?” Why have Republicans suddenly decided to
abandon their support of Trump? Especially noting that those in ‘battleground
states’ who are running for Congress as Republicans are taking a very active
role in that abandonment.
Journalist 2 replies, saying, “That’s a real good question!”
Really? You think so?
And Paul Ryan? Showing up at a rally to say that, despite
the fact that he is not there to talk about Trump’s sexist comments, frankly he
is really disgusted personally – and he really wonders what the heck is not
right with a certain candidate for, you know, President.
Gee, I’m feeling a little clairvoyant then: I think I know
why. And Paul, I’m really disgusted with, well, your disingenuous disgust.
Because what is going on here is precision-driven. This party has had to – and has
been planning for a long while to - derail or split their support at the last
minute if Trump turned out to be the crazy candidate he always promised to be –
because, well, actual Republican Senators and real Republican House members,
are trying to be re-elected. Or elected.
So let’s GLOAT OVER the PEOPLE’S POWER to change the course
of Congress!
Who’s on the ballot? How
many Senators are affected? How many Representatives are involved? Standing Republicans
seeking re-election themselves or seeking to get another Republican elected to
their already-Republican state or district?
I have been saying (for years) that we must get rid of the
current Congress and get a new Congress, one that will actually do something. I
could say, instead, do something good.
So, just to be clear, these are the people who spent THE
LAST YEARS FAILING to coordinate politically with both the other side and our
President, Barack Obama, and did nothing (except for themselves, the NRA and
their own favorite pork projects) while holding high office.
These are the Republican Senators to VOTE AGAINST:
Kelly Ayotte (New Hampshire)
Roy Blunt (Missouri)John Boozman (Arkansas)
Richard Burr (North Carolina)
Dan Coat’s seat (Indiana) retiring in 2016
Mike Crapo (Idaho)
Chuck Grassley (Iowa)
John Hoeven (North Dakota)
Johnny Isakson (Georgia)
Ron Johnson (Wisconsin)
Mark Kirk (Illinois)
James Lankford (Oklahoma
)Mike Lee (Utah)
John McCain (Arizona)
Jerry Moran (Kansas)
Lisa Murkowski (Alaska)
Rand Paul (Kentucky)
Rob Portman (Ohio)
Marco Rubio (Florida)
Tim Scott (South Carolina)
Richard Shelby (Alabama)
John Thune (South Dakota)
Pat Toomey (Pennsylvania)
David Vitter’s seat (Louisiana) retiring in 2016
Again, in every one of these cases, vote for
the Democratic candidates. Let the elder statesmen retire now, and those younger incumbent Republicans pay big for their poorly delivered public service.
For those of you who are foreigners or did
not have Government in high school, there are two houses to Congress: the House
of Representatives and the Senate. In the House, the figures are even more dramatic:
Yes, it is hard to believe, but according to www.ballotpedia.org,
there are 19 Republicans who are actually retiring rather than run again.
Luckily, there are only 9 do-nothing Democrats retiring in this election.
Currently, 24 of the 435 House seats, of
those that are up for election this November, are expected to be competitive.
(Many go always to the party-in-power.) And the general feeling of those
reporting on such things is that there is doubt that the Democrats could become
a majority in the House.
The current make-up of the Congress is: 187
Democrats and 247 Republicans. This totals 434 and there are 435 seats (one is
empty pending a special election).
If ALL 24 seats classified as ‘truly
competitive’ were to go to the Democrats, the House would have 211 Democrats
and 223 Republicans. THAT WOULD BE AN
EXCELLENT RESULT! Vote for the Democrats and DO YOUR PART to balance the powers
of the two dominant parties in the House of Representatives.
In fact, in a long list of districts, the
House winner is expected to win by less than 5 percent! So be SURE to VOTE AGAINST any Republicans in
these Congressional races. If the Democrat is an incumbent, hard questions must
be answered to gain your vote. IF the Democrat is brand-new to the race, great –
go for it.
Representative races for 18 districts are
already called a “toss up.” Decide to
change that now – in a positive, Democratic direction. Then there are those
that are leaning Democratic, which already total more than those districts that
are leaning Republican. Hurray!
Should things get even closer, an additional
8 districts’ Representatives will be in danger. (www.ballotpedia.org)
As well, it’s going to be a very exciting
general election for Congress – an ‘open season’ in a way – since not many ‘incumbents’
were defeated in their own party primary races. So the boring old Congress
members are still carrying most of their ticket places on the ballots.
Back to the question that the national
journalist is asking: “Why?” are the Republicans playing a self-destructive
take-back, play-back dodge - and so near
the touchdown line? Because they want to do nothing to create a consistent
public policy while, at the same time, protect with evasive excuses their abuses
of their positions of public service. They want to NOT be sucked down with the
dross flowing from Trump’s campaign mouth, but also manage to evade losing
their privileges. The problem is that their privilege is, actually, to act - positively
and together - to take positions that HELP the health, safety and welfare of
the people in their states and districts. Along with guiding foreign policy in
positive and effective directions, this is the ONLY thing they are asked to do
while in Congress. And, for the most part, they have not been doing it.
So, welcome to the insanity! But be sure to
toss most of the Republicans’ back-pedaling bull into the garbage where it
belongs, by voting Democratic. And DO try to vote for someone with the public’s
good at heart when you make your choice for your Congressional Senators and
Representatives. You know what result I would like. I actually care about the
people of the United States of America. Make me happy.
***
- June Edvenson is an American attorney and former candidate for Judge in Cook County, Illinois, for the Republican party. As such, she could say what she believed and thought should be changed, while knowing that the Democratic machine was sufficiently entrenched and corrupt to assure the delivery of the victory to all Democrats in the general elections.
She is now
an American living and working overseas and has already cast her ballot for
President and members of Congress by absentee ballot from her last permanent
residency in the U.S. She encourages all Americans in the U.S. and overseas to
vote in all elections in which they qualify to vote.
Saturday, April 16, 2016
Greetings from Norway: Follow the Money, Panama Papers
Greetings from Norway: Follow the Money, Panama Papers
The Panama Papers are a real hit in the Norwegian newspaper, Aftenposten. Each day, new revelations follow, along with the obfuscations and changing explanations of DNB Bank’s President, Rune Bjerke. I have to admit I found him a jerk when I called him accidentally some years ago. (There is another Rune Bjerke in the Oslo area who should not be confused with this man.) DNB’s president kept me on the phone, mocking me in a continuing spiral of chatter meant to make me feel timid, small and apologetic for simply having reached the wrong phone number. But now I am already digressing.
What should a bank do with its money? And what should the Norwegian bank (that would be: DNB) do when the State of Norway is an owner? Not just banks – there are several companies with important global operations – in oil, technology, minerals, manufacturing – that are partially or majority owned by the State of Norway.
Beate Sjafjell has written a critique in the Aftenposten that I found interesting. I’d like to share it with you. This article appeared in the Aftenposten, Norway’s leading newspaper, the only Norwegian paper involved in the Panama Papers research activity. Beate Sjåfjell is a Norwegian attorney and Law School Faculty at the Norwegian Law School of the University of Oslo.
Her article, translated by me below, was published only in Norwegian. I am translating it here into what I call ‘transparent English’ so that others will see it and read it. . . . And ask related questions.
It’s key to raising not only questions about how the Norwegian state manages the mega-billions it holds in its ‘Oil Fund’, now called the ‘Pension Fund’, but it also begs the question I’m trying to see the answer to – even in the Panama Papers revelations: Where is the money going? Follow the money? Where does the money lead it? Not just to Panama . . .
After all, when the money gets to Panama, someone wants it there for a price. The price they’ll pay for that means they are interested in borrowing it or using it while it is ‘parked there’ - for some other, further purpose. That purpose could be economic activity involving drugs, illegal trade in arms, even legal trade in arms, trade in humans, body parts, medicines - any commodity for which there is sought a market underneath the ‘white market' radar system and into the (non-taxed or lower-taxed) black market, any objective that makes someone else a lot of money at less expense and means more profits in more secret private pockets related to more secret goals and, well, nasty, unfair or unethical activities.
As my favorite audit manager supervisor, Kevin Carhill, always said, “Follow the money.” I’m trying, but I don’t see the end of the Panama Papers trail yet. I really hope we do!
It’s hard to prove a negative, but you tell me: can I be positive that not one single Norwegian crown (kroner) has gone to buy one single gun in Syria? One single bomb in the Middle East?
Then there is a habit, apparent in Norway’s State company ownership interests, of not asking hard questions in the right forum. Where I come from (Illinois), at least we had The Open Meetings Act, even if politicians and cronies were busy hustling around avoiding it when they wanted to break, in particular, the labor laws. And we had the Corporations Act, which told owners (and shareholders) of companies how to behave when they made decisions. Norway should take a lesson in this.
Here is Beate’s article I enjoyed so much. The sub-titles and cut-out quotes are scattered around, unfortunately, making it a bit harder to follow. Still, fantastic work. Thank you, Professor Sjåfjell, for your insights and suggestions:
“Government failed shareholdings
The Norwegian State’s Ownership Report provides no indications that the government will deal with the extremely harmful and short-term pressure for maximum profit. This comes at the expense of social responsibility.
What do Yara, Statoil, Telenor, Hydro, Kongsberg, DNB Bank, and Kvaerner have in common? They all have the State as a shareholder (indirectly on Kvaerner’s part), and all have, during recent times, been accused of being involved in crimes or unethical conduct. How can this happen with a government shareholder who claims to have clear expectations of social responsibility?
Profit before corporate social responsibility
The Norwegian Minister of Business argues that the state is clear that profit should not be at the expense of legal and corporate governance (White Paper 27 (2013-2014, "A diverse and value-creating ownership - "Ownership Report"). The Ownership Report shows the opposite. It states emphatically repeatedly that the main objective is the maximization of profits/returns.
The state has no legal obligation to always do what maximizes profits.
Government expectations for corporate social responsibility are, in content, praiseworthy. But they are coming long after the message, sandwiched in between the expectations of the highest possible returns and guidelines on executive pay.
Neither returns nor executive pay are explicitly related to social responsibility. The main point is profitability. Working with social responsibility should help to "protect shareholder value." One fourth of the pages in the 122-page message are devoted to adhering and expectations concerning social responsibility.
Missing the will to lead
The Ownership Report points out the problem as companies with many small shareholders, who can be seen to be without strong shareholder control – i.e. "ownerless" companies. The state obviously does not consider that the same applies to a company with a state majority shareholder - who dares not run it.
The bottom line is profitability. Work with social responsibility should help to "protect shareholder value."
The state is in a double role as a public shareholder, whether passive or active. The state seems to want to manage its dual role by giving the impression of being aloof and not exerting direct influence on these companies.
The government can exercise authority at the AGM (the Annual General Meeting)
The state claims that it cannot do more than choose a competent board. That is wrong. At the AGM, shareholders exercise the highest authority in the company. Here, the State has, as majority shareholder (in Telenor, Statoil, and Kongsberg) control; and as a large minority shareholder (in Yara, Hydro, DNB Bank, Kvaerner Aker Holding) significant influence.
The state has no legal obligation to always do what maximizes profit. The State could, through selected, strategic decisions at the AGM meetings, show that, for example, zero tolerance for corruption means “saying No, thanks” to some projects. The State’s capacity and opportunity for influence, both nationally and internationally, is formidable.
Missing Transparency in Company Shareholder meetings (AGMs)
Instead, the state uses the AGM to elect the board and to “sprinkle sand” (slow down progress) on their proposals. The state argues that it addresses important questions in the so-called ownership meetings between State department staff and company leaders.
The state is breaking with its own principles of good corporate governance: There should be transparency knitted into the ownership activity, and decisions and resolutions should be conducted at the AGM meeting. The ‘ownership dialogue’ should be tied, in addition, to the AGM, not be replaced by other meetings.
The state should be an active and socially responsible shareholder
The state is afraid to scare off other investors. Consideration of other shareholders and the market means that the government’s representatives should refrain from partisan political power activity and other arbitrariness.
There is little that separates the state from a private profit-maximizing shareholder.
This does not mean that the state should refrain from being an active and socially responsible shareholder and only try to influence decisions in closed meetings. Active and socially responsible share ownership activities can be conducted in a predictable and orderly manner within the framework of company law and ethical principles and in line with the government's own overall objectives and international obligations.
The hunt for current profit maximization
Short-term profit maximization pressures make it difficult for companies to propose tough enough requirements when they enter into corrupt countries. The Ownership Report itself notes that leaders are feeling the pressure for short-term profit maximization as a growing problem.
Public shareholding company direction could propose greater long-term focus and a willingness to put social responsibility before profit, also in the form of proposing an ultimatum for transparency in business dealings with all corrupt regimes.
Long-term focus is mentioned - with exception
Instead, we see that the message emphasizes, time after time, that the main consideration is maximization of invested capital, and when long-term focus is mentioned, the need for continued short-term returns at the same time is emphasized.
The consultant network, such as PWC (Price Waterhouse Coopers) is a part of, and among those whose facilitation has given us the Panama Papers scandals.
The signal is that profit is the goal and all else should be managed as well as one can, with the exception that it must support the goal of maximizing profits. There is little that separates the state from a private profit-maximizing shareholder. There is nothing that suggests that the state should have settled and agreed to something of extreme damage, or short-term pressure for maximum profit.
What is the Department of Business doing?
The Norwegian Department of Business, which has the overarching responsibility for the state’s shareholder ownership management, has asked the Attorney firm within Price Waterhouse Coopers for help. PWC should discuss and report on the companies and the Department follow up messages concerning owner’s expectations to work against corruption and towards transparency in economic transactions well enough.
Secretiveness is just a symptom.
The consultant network sits on all sides of the table
These consulting networks, such as PWC, are a part of, and are among those additional agents who have given us the Panama Papers scandal. These consultant communities are sitting on all sides of the table, alongside, preparing the ground for the owners’ reports, facilitating services of the companies, and then evaluating whether the companies and the state government’s ownership activities work well enough.
That a consultancy environment that is so well integrated into this system, which obviously does not work, should be the one to give systemic, thoroughly persuasive assessments of what is the problem and what should be changed should be unthinkable. Unless the government takes a completely different grip, we ought to expect new scandals.”
-June Edvenson is a former Illinois State Senior Auditor. She worked as an auditor for the State of Illinois for 7 years in Springfield and Chicago. She also is a former Hearing Office and Administrative Law Judge. She is an American attorney now living and working in Norway.
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 Sjømannskirke (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.”
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