Ivan

This is my deposition for the ACLU.

Reading it makes me nauseous. It infuriates me that incidents like this happened and continue to happen.

They are happening now in the MCJ.

The gay press, of course, are not interested in reporting what happens in our jails to our LGBT brethren.

White, gay elitists control our media and are paid by big pharma.

Our media know that the prisons are full of black and transgender people but choose to ignore it.

They, of course, are those with the least (perceived) sexual currency in the lgbt community.

Even my most liberal and informed friends think it is perfectly reasonable to say “I could never find a black man attractive.”

The gay press scarcely acknowledges the presence of black or trans let alone write about the way they are continually targeted by the police.

That, my friends, is another story.

I was recently introduced to a self proclaimed ‘champion of the gays’, a ‘spiritual’ gay with a huge blog following.

He told me yesterday that he was only interested in helping the gay community with his good works, that the trans community did not interest him.

His bare faced dismissal of parts of our disparate community galls me as much as the vile behaviors of the deputies listed below.

A good looking, white, young, gay man preaching love and kindness…but only to equally good looking…white…young gay men.

Here you go:

My name is Duncan Roy.

I make this declaration based on my own personal knowledge and if called to testify I could and would do so competently as follows:

I stayed in the Los Angeles County Jail system from November of 2011 to February of 2012.

I was housed at Men’s Central Jail (“MCJ”) in Modules 5200 and 5400, which are the gay inmate dorms.

Though I was able to be released on bail, I had to stay in jail because the Sheriff’s Department refuses to release on bail anyone on whom the Immigration and Customs Enforcement (“ICE”) has placed an immigration “hold.”

However, it is my understanding that immigration holds are only requests – not mandatory orders – that local law enforcement hold people for ICE for 48 hours, thus it was the LASD that refused to release me even though I could make bail.

While I was in jail, I witnessed numerous incidents in which deputies verbally abused, humiliated, threatened, and even physically abused inmates – particularly transgender inmates. In addition, we regularly were denied things like hot water and outdoor recreation time.

Processing into Jail

After I had been asked about my sexual orientation at the Inmate Reception Center (“IRC”), I was whisked away from the general population and placed in a light-blue uniform.

Those inmates, who stated that they were gay, were then taken to the Twin Towers Correctional Facility (“TTCF”), Tower 2. We were placed in a pod with other gay inmates, “green lighters” and those who were given a “K-6Y” wristband.

Inmates who are considered green lighters are targeted by other inmates for either participating with law enforcement, for snitching, or for being a gang dropout. Inmates with K-6Y wristbands had been charged with a sex crime involving a juvenile.

While I was in this pod, I recall deputies asking the K-6Y inmates how old they were and how old their victim was.

One inmate said he was about 28 years old and told the deputy that his victim was nine years old, the deputy said, “That’s disgusting!” Or words to that effect.

Another inmate said he was 22 years old and that his victim was 16 years old. The deputy said, “Well, that’s okay. I understand that. Anyone would.”

This type of questioning was not done privately, but in front of everyone.

After I had gone through IRC, I had to be assessed again for my gay status by the deputies who handled the “K-6G” housing.

There were about 50 inmates in this small room, Module 9400 with beds squished together.

There was also only one toilet for all 50 individuals to share. I was in this cramped room for about five days.

After about five days, I was transferred to 5200 where I was housed for the rest of my stay in jail.

LASD Personnel Repeatedly Verbally Abused and Threatened LGBT Inmates in the Gay Dorm

During the 90 days or so I spent in MCJ’s gay inmate dorm, I witnessed countless incidents of violence, humiliation and retaliation by LASD personnel against inmates as well as by inmates against other inmates.

There were several times when a deputy assigned to the module would escort a new deputy, one who had never been assigned to work with gay inmates, into our dorms and make us cheer for him.

For example, there was an occasion when Deputy Polovich brought in Deputy Gonzalez into our module. Deputy Polovich said to all of us, “Give it up for Deputy Gonzalez!”

All of the inmates inside the dorm then had to cheer and applaud for Deputy Gonzalez. Deputies would then tell the entire male to female transsexuals to lift their uniform tops to expose their breasts to Deputy Gonzalez.

I felt like this was not only humiliating for the inmates to be forced to applaud these deputies like we were circus freaks, but I could only imagine what it must have been like for those inmates who had to outwardly parade their sexual parts.

Hearing deputies use slurs and homophobic comments was quite common. I cannot begin to count the number of times some deputies used the phrase “faggot.” I certainly remember a few examples of deputies’ being particularly hateful.

For example, on one occasion Deputy Gonzalez was escorting the other inmates and me to the visiting area. He told us, “You faggots have a sick lifestyle.” He’d also said that he’d “cut off our cocks” and then we’d need to go to a different place.

When I was housed in Module 5200 a male to female transsexual named, “Rosemary” was transferred into my dorm. Rosemary appeared very feminine, had breasts and looked very pretty. Because of her appearance, she received a lot of negative attention from the deputies.

There were several occasion when deputies would bring other deputies into my dorm and would force Rosemary to roll over from her stomach to her back.

By doing so, the deputies would be able to see Rosemary’s body.

There was also one occasion when I saw Rosemary talking to another inmate about a deputy, Deputy Juarez. She was not aware that Deputy Juarez was standing behind her while she was talking about him.

He forcefully grabbed Rosemary and dragged her over to where the escalators were located. I heard him yelling at her in Spanish. I also saw him aggressively kick the insides of Rosemary’s ankles and then search her very roughly. When she came back to the dorm, I saw and she looked very shaken up.

There were also numerous instances when the deputies would threaten us for minute things. I saw the deputies take out their tasers and pretend to shoot them at inmates or hit their flashlights against their palm to intimidate us. It was quite unnerving to see this.

Deputies Pepper Spray and Physically Attack a Transexual Inmate without Justification.

I saw another incident of abuse occur when I was housed in Dorm 5200. A male to female transsexual named, “Sunny” was standing in line for her medication during pill call right outside the door to the dorm, which was open.

I heard Sunny tell a deputy that she didn’t get her medication. The deputy immediately pepper sprayed her in the face and then five other deputies rushed over to them and threw Sunny on the ground. I was watching the scene and Sunny didn’t attack, threaten, or spit on the deputy who pepper sprayed her.

Shortly after throwing Sunny to the floor, the deputies closed the door to the dorm, so I was not able to see what happened after.

Soon thereafter, someone opened the door between our dorm and the hallway where the incident had taken place. A female Senior Deputy arrived and interviewed the nurse who was passing out the medication and an inmate who was standing behind Sunny.

The nurse who was Asian and wore glasses was very upset that the deputies had reacted the way they did towards Sunny. She said that the deputies overreacted.

I was able to hear what the nurse was telling the Senior Deputy because it was conducted right outside the entrance to the dorm. It was also conducted not only in the presence of the inmates, but also in front of the deputy who had pepper sprayed Sunny. In fact, that deputy was about four feet away from where the interview was taking place.

Denial of Basic Necessities Such as Hot Water and Recreation Time

During the approximately 90 days I was in LA County Jail, we were regularly denied basis necessities and had to suffer through barbaric conditions. For example, there were significant problems with the plumbing, and for more than two weeks, we had no access to hot water. Work orders would be placed, however, I felt the way that the work orders were handled deterred inmates from making complaints. The reason why is because when the maintenance staff would complete a work order, all of the inmates in that particular housing area would have to be taken to a very cold holding area with no blankets and no property. We would have to sit there for almost an entire day until the work order was completed.

Also, trying to get outdoor recreation time was very difficult. I felt like the deputies were trying really hard not to give us this time. The deputy who would escort the inmates out to the roof would mumble incomprehensibly that he was here to escort us to the roof.

Even worse, if fewer than three inmates wanted to go to recreation time, the deputy wouldn’t take them. On a number of occasions, other inmates and I were denied the opportunity to go to the roof because there were not enough of us who wanted to go.

Overall, it was nearly impossible to go to the roof. One would have to understand the rubbish that came out of the deputy’s mouth and then one would still need to get more than three inmates to say they wanted to go for outdoor recreation for us to get escorted to the roof. Even when we did go to the roof, we did not get the three hours of time we were supposed to get or there would be other times when those who were allowed to go to the roof would be taken at odd hours, such as at 9 p.m. It would be incredibly cold but, the deputies wouldn’t allow us to take blankets to keep warm. It felt like the deputies would try to discourage us from having our outdoor recreation time.

I hereby declare under penalty of perjury of the laws of the State of
California and the United States that the foregoing is true and correct to the best of my knowledge and belief.

Executed this 18th day of April 2012 in Los Angeles, California.