 previous article |  to index | next article |
With measured scrutiny, one could easily say that the South is notorious for breeding creatures of ignorance, which of course evolves into chaotic prejudices and utter turmoil, complete discord within communities trying to function together. It happened a century ago, fifty years ago, ten and twenty years ago, and according to one Asheville citizen and his family, it is still happening.
The Swain County Violent Crime Task Force, established in early May of this year to investigate a series of violent crimes, fires and area burglaries, some dating back 20 years, recently reported the arrests of eight people in connection with these crimes. A total of 79 counts of felony was reported, as well as $100,000 in stolen property and 1 million dollars in fire damages, according to Swain County Sheriff Bob Ogle.
As of July 1995, among those individuals arrested were Nathan Brookshire and his partner Tim Cagle, both of Asheville. Brookshire was charged with breaking and entering and 2nd degree burglary. Bond was set at $26,000.
"There was a third party involved who hasn,t been found since that night,o/oo said Brookshire. "I was in the car with him and this other person. We stopped to pick up some things that the driver of the car said belonged to him. After we left, [with the items mentioned] there was an accident, because the police started chasing us and we kept going. Tim wasn,t there, and I didn,t know what was going on...but we were in Tim,s car, and I can,t prove I,m innocent. But I am, and so is Tim. He has nothing to do with any of this.o/oo
Within weeks, Brookshire, who is 27 and has been diagnosed with AIDS, was released into the custody of his parents. Shortly following his release, on August 31 Brookshire was apprehended again at his home. Cagle, also stricken with AIDS, was arrested as well on the same charges of breaking and entering and 2nd degree burglary, in spite of the fact that he was not there the night of the alleged crimes.
After his July arrest, Brookshire,s family contacted the Western North Carolina AIDS Project (WNCAP), due to concerns over the possible discriminatory behavior toward Nathan, which led to correspondence with the American Civil Liberties Union (ACLU) on the grounds that Brookshire was "being denied medical attention...being verbally harassed about his AIDS status by jail staff and officers...and being housed in isolation based on his status as a prisoner living with AIDS.o/oo
As documented by the ACLU, one officer was reported as saying, "He deserves whatever he gets,o/oo regarding Brookshire,s current health status.
During this apportioned correspondence, AIDS Information Coordinator Jackie Walker made attempts to communicate with the Swain County Sheriff,s Department, offering correct information on how to properly care for and treat individuals with AIDS. Walker also cautioned the Department of its reported discriminatory behavior, advising that other, similar situations in the past have resulted in "a number of lawsuits...filed in various states overturning inhumane policies that had been applied to prisoners with HIV/AIDS.o/oo
According to Sandy Brookshire, Nathan,s sister, the ACLU,s intervention seemed to make things worse during his stay in jail.
"Mark Melrose, Nathan,s attorney, pulled our mother aside during a recess at one of the court hearings and said they raised the bond from $26,000 to $50,000 after and because the ACLU got involved,o/oo Brookshire said, in reference to her brother,s situation. She also commented on several specific instances of mental and physical abuse against both Tim and Nathan by the Swain County Sheriff,s Department, requesting that the details not be released to the public for fear of possibly harming Nathan and Tim,s chances of being found innocent.
"My brother and Tim are innocent. They,re both going to eventually die, and here they are going through something like this,o/oo she said.
At present, Cagle has not been appointed an attorney. He cannot afford the expenses and therefore is at the mercy of the court. Expenses for the Brookshire family have grown to such proportions that they may lose land and property in order to accommodate their son with medical supplies and a proper defense.
"I don,t know what will happen if we don,t get Tim a lawyer,o/oo said Brookshire who was released on September 26, again to the custody of his family. "I,m here at home with my family for now, waiting for trial for something I didn,t even do and Tim doesn,t even have a lawyer. I,m glad to be with my family, but I,m lost without him here. We,ve been together for six years. Now a major part of me is missing.o/oo
The Brookshire family, like any family, care for their son very much and are supporting him and Tim in every way. They are hoping for a positive outcome during the October-set trial, although expectations are not incredibly positive.
"It,s a good ol, boy system...This is the 90s; I thought all of that was over, but I guess I was wrong. It makes me sick to be called a Southerner,o/oo said Brookshire, adding that she has spent the last several months trying to contact organizations that will offer some assistance and support for Nathan and Tim.
To date, both men have been released to the custody of their parents. Both are awaiting trial. And if things go as planned, along with the ACLU and WNCAP, there will be a representative from the NAACP intervening in their defense. For their families, innocence is not the question. The court system apparently sees it differently. However, when approached, the Swain County Sheriff,s Department had no comment on this matter.
If anyone is interested in offering support of any kind to the Brookshire or Cagle families, please contact:
Educating the judicial system and the diversion of criminal defendants with AIDS/HIV from incarceration are the double-edged focus of a new collaborative project of San Francisco,s Center on Juvenile and Criminal Justice (CJCJ) and the Catholic Charities of the East Bay,s (CCED) HIV/AIDS in Prison Project.
Funded by a grant from the San Francisco AIDS Foundation,s AIDS Walk 1995, the California HIV/AIDS Advocacy and Alternative Sentencing Project will provide trainings for judges, prosectors and public defendants on issues affecting criminal defendants with HIV/AIDS. The projects will also prepare alternative sentencing and compassionate release cases for criminal defendants and prisoners with HIV/AIDS.
The new collaborative project will develop and promote a network of advocacy and support for HIV positive defendants among AIDS service providers and public health professionals.
According to Judy Greenspan of the HIV/AIDS in Prison Project, "three strikes you,re outo/oo legislation and the subsequent graying of the prison population necessitate a campaign to divert both criminal defendants and prisoners with AIDS from prison. "Poor medical care and the stress of prison life can turn a short prison term into a death sentence,o/oo Greenspan said.
Karol Heppe of the Alternative Sentencing Program added, "We hope to provide judges and prosecutors with a more humane alternative than incarceration for this population.o/oo
Over the past year, CCEB,s AIDS in Prison Project has supported compassionate release legislation (Assembly Bill 1408), as well as individual compassionate release cases. CJCJ,s Alternative Sentencing Program promotes safe and effective use of alternatives to incarceration. This new project is the first collaboration between the two programs.
| previous article | to index | next article |
Last modified: 1/7/96
PWAC/NY hivinfo@nyam.org
© copyright 1995 PWAC/NY, Inc.