United Police States of America: New Mexico prison keeps man in solitary for 22 months, man was never convicted of a crime! Same prison has history of Staph infections. Story updated!

Dona Ana County officials have some ‘splaining to do, after they kept a mentally ill man in solitary for 22 months, even though he was never convicted of a crime! The same prison, in New Mexico, also has a history of untreatable Staph infections, and it houses child prisoners as well as adults.

On January 24, 2012, a jury in a federal court decided the county owed the man $1 million for every month he was held in prison, for a total of $22 million.

County officials tried to defend their actions, in court, by saying the mentally ill man had a criminal history, and that he was a danger to society.  However, that violates our constitutional rights regarding a fair trial.  Just because you have a criminal history, and you might be a danger to society, doesn’t mean you can be held without trial (unless you’re considered a terrorist under the new law sign by Obama).

After 22 months, the man finally got his trial, and it was a New Mexico District Court Judge, Douglas Driggers, that determined that while he was mentally “incompetent”, he was “not dangerous”!  Judge Driggers threw out all charges and freed the illegally held man.  Apparently Dona Ana County law enforcement, and prison officials, took it upon themselves to act as judge and jury when they locked up the mentally ill man.

County officials also tried to claim, in court, that the man never asked to be released from solitary.  However, evidence presented in the federal trial showed that the prison psychologist kept the man sedated with powerful drugs!  Other evidence showed the prison psychologist is not certified to administer drugs!

County officials still have not given an official explanation as to why they locked him up without ever going to trial, but they say they will appeal the federal court’s decision.

The Dona Ana County prison, which also houses child prisoners, has a history of recurring untreatable Staph infections, called MRSA.  It’s not just that county prison, but all New Mexico prisons, as admitted by an epidemiologist for the New Mexico Department of Health.   Doctor Mack Sewell said state health officials see MRSA infections in prisons “several times a year.”

07 March 2013 update: Dona Ana County appealed the $22 million dollar judgement against them. The county now claims the man was arrested for intoxicated driving, and driving a stolen car.  They could not prove their claim, but the judgement against them was reduced to $15 million.  The victim now lives outside New Mexico and is dying of lung cancer.