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Free Richard Salem!

Free Richard Salem!

139 signatures 111 to reach 250
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Patricia G. signed
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Someone signed
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Dana Z. signed
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Sarah H. signed
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Carroll S. signed
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Miguel M. signed
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Sky H. signed
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Steven P. signed
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Trish S. signed
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Marty L. signed
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Started by Scott B. Seymann 15 years, 11 months ago
BACKGROUND:

Richard Salem is in prison, serving a 10.5-year sentence. He doesn't deserve this by any stretch of the imagination, let alone by any judicial standards.

Why should you care? Please take three minutes to read on.

On the night of March 4, 2006, Richard visited his ex-girlfriend's home to "say goodbye to his love." They had a loving relationship and an amicable breakup. Richard simply wanted some closure. Although they just had a conversation a few hours before at a local restaurant, when he rang his ex-girlfriend's doorbell she decided she'd rather call 911 than talk to Richard. She explained to the dispatcher that Richard was a really nice guy, and was just having a little trouble with the breakup. Three police officers arrived and approached Richard. He asked them to please tell him what was going on. When they moved closer, he froze in fear. When they grabbed him he resisted, and a struggle ensued. Richard was "Drive Stunned" with a Taser (this means the Taser's electrical contacts were applied directly to his body), and he was bashed in the head with an ammo magazine, shackled, and thrown into the back of a patrol car.

You might be thinking it's not wise to "resist" or "struggle with" police officers, and you'd be right. However, this "fight or flight" reaction was the result of a clinically diagnosed anxiety disorder Richard suffers, and was being treated for at the time of the incident and for several years prior. It's not an excuse, but it is a legitimate mitigating factor that should have been considered in his trial. It wasn't. Therefore, due to Arizona's mandatory sentencing laws Richard was sentenced to 10.5 YEARS in state prison, where he now resides alongside murderers, rapists, and other dangerous repeat offenders.

Richard was not armed that night. He does not even own a weapon. He has NO criminal record. And no, he never abused his ex-girlfriend, or any other girlfriend. Richard has never harmed anyone. He is a kind, gentle soul who composed and performed music in the artistic community of Sedona, Arizona, and is well known and admired by its residents. Most people would agree that what happened to Richard is outrageous. Those who know him agree it is a travesty.

Richard was denied due process in several respects on his journey through the criminal justice system. His trial was the stuff of Hollywood courtroom dramas, complete with jury bias, ineffective counsel, and other injustices that are always redeemed at the end of the movie. Of course, the real world doesn't work that way. Richard is now spending his seventh year in prison, with approximately three and a half years to go. His behavioral record is stellar. Still, he has no chance of parole because of Arizona's sentencing laws.

Richard was appointed an excellent appellate attorney, but unfortunately the appeals were denied. He filed a writ of Habeas Corpus, which was also denied at the U.S. District Court level. As a non-judicial alternative, Richard filed a petition in 2010 with Arizona's Board of Executive Clemency to get his sentence commuted. Documents were submitted and testimony was heard at two hearings in 2012 and the Board UNANIMOUSLY APPROVED his petition - only to have it denied by Governor Jan Brewer in March 2013. Richard will be eligible to apply for clemency again in the fall of 2014, when Arizona will have a new Governor. This is where you come in.

The more support Richard has from people like you, the more effective the clemency petition will be. If you sign this petition (and hopefully write some thoughtful comments) you will be making a valuable contribution, and giving hope to a man who truly deserves it. This petition was started prior to Richard's first clemency hearing, and the signatures and comments were included with his application packet. They helped the Board reach a unanimous vote in favor of granting him clemency. Despite Governor Brewer's ultimate overruling of the Board's recommendation, a unanimous favorable vote is a rare victory! The same showing of support can only help with his second attempt. Let's keep up the momentum!

One thing that is well documented in our society is that this type of injustice happens far too easily, and far too often. Please sign this petition, and help us do the right thing.

Thank you for your time.

***

PETITION STATEMENT:

We, the community of Sedona, AZ, and the family and friends of Richard Salem:

1. Disagree with Sedona Police Department protocol in the arrest of, use of force against, use of the Taser weapon against, and arrest of Richard Salem on March 4, 2006.

2. Disagree with all charges brought against Richard Salem following the arrest on March 4, 2006.

3. Disagree with the jury verdict handed down in Richard Salem's trial in the Yavapai County Superior Court on March 2, 2007.

4. Disagree with, and consider extreme, the sentence of 10.5 years imposed upon Richard Salem in the Yavapai County Superior Court on April 17, 2007.

5. Disagree with the Sedona Police Department's Use of Force policy and the Use of Taser policy, as it existed on March 4, 2006.

6. Disagree with the wording of the press releases issued by the Yavapai County Attorney's Office on March 5, 2007 and April 18, 2007. These press releases contain erroneous information that did not even appear in Sedona Police Department reports recounting the event of March 4, 2006, nor did it appear in testimony in Richard Salem's trial in 2007.

7. Disagree that Richard Salem used any questionable or inappropriate resistance or response against the three arresting officers on March 4, 2006, considering the condition and circumstances Richard was experiencing (i.e., his medical condition, and electrocution with the Taser weapon).

8. Disagree with the Sedona Police Department's taping over the booking room video that contained information regarding Richard Salem on March 4, 2006. The booking room video would have served as material evidence and should have been preserved for further review.

9. Disagree with the lack of medical care for Richard Salem on March 4, 2006. Richard Salem should have been transported to a medical center for care and not left on the floor of the Sedona Police Department holding cell, handcuffed and bound, with injuries.

10. Disagree with the denial of access to prescribed medication (for panic and anxiety disorder) for Richard Salem while he was in the custody of the Sedona Police Department, and later the Camp Verde Jail, on March 4, 2006 and for several days thereafter.

11. Disagree with Sedona Police Department policy that does not require fingerprinting of a police officer's weapon when an individual is accused of touching it, considering this offense carries a mandatory sentence in Arizona.

12. Disagree with the Sedona police officers' failure to record video of their interaction with, and subsequent arrest of, Richard Salem on March 4, 2006.

13. Respectfully request a significant change in the Sedona Police Department's Use of Force Policy regarding the Taser weapon, such that it be used only as an alternative to a firearm, and any other use would be considered "inhumane" and the device "a weapon of torture," as stated by Amnesty International.

14. Respectfully request the Sedona Police Department include additional training for all officers in communication, negotiation, and the recognition of special medical conditions (i.e., panic and anxiety disorders).

15. Respectfully request clemency for Richard Salem. Specifically, the prison sentence imposed upon him on April 17, 2007 should be commuted, and he should be released immediately with credit for time served.

***

Updates

November 10, 2010

Seeing this kind of movement confirms that people recognize the injustice here even when the system tries to look away. It has been a long and exhausting road for everyone involved in this work. I am tired but this support keeps me moving forward.

Reached 100 supporters

November 10, 2010

12 Comments

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Dana Ziegler
9 years ago Featured

I know him to be a gentle and loving spirit-- a sensitive creative with loads of talent and abundant vision. When at school together (in Art History) we lived close by one another so I would go over and help with his recording process when he needed a back-up vocal. He was the first person to tell me I had a voice. I use that voice to this day, thanks to his vote of confidence and encouragement of a shy girl who was always quiet. I want to help HIM find his voice when he gets out. It is shattering and shocking that he would be sent to prison and kept there. It is unconscionable. I can only pray that he has not been horribly scarred by this experience. He always said he would know my voice anywhere. I hope he gets to hear it again.

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Sarah Harris
10 years ago Featured

Tragedy... such tragedy... and such a loss for society to have Richard still behind bars.

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Miguel Montoya
10 years ago Featured

It is absolutely atrocious and extremely unfair for such a harsh and extreme punishment to be carried out on such a peaceful unassuming man who had no idea that being in the wrong place at the wrong time would mean over 10 years in jail for such a slight infraction. The Sedona police have shown a habitual pattern overreacting in the extreme and did not need to taze this peace loving man in any way, shape or form, and their actions should have a consequence. Richard is such a kind and gentle soul, clearly three police officers could've spoken to him and even wrestled him to the ground if need be without electrocuting him!

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Trish Salisbury
11 years ago Featured

I lived briefly in Sedona beginning in the fall of 2006 and heard Richard Salem play one night at Ravenheart Coffee House. I didn't know his story at that time, but learned in the following weeks what had happened. The whole thing is outrageous and all these years later I cannot believe he is still in prison. His music and presence were beautiful in that coffee house and this is anything but justice.

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Trish Salisbury
11 years ago Featured

I lived briefly in Sedona beginning in the fall of 2006 and heard Richard Salem play one night at Ravenheart Coffee House. I didn't know his story at that time, but learned in the following weeks what had happened. The whole thing is outrageous and all these years later I cannot believe he is still in prison. His music and presence were beautiful in that coffee house and this is anything but justice.

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Sarah Lyons
15 years ago Featured

I remember Richard from his music days. He was always so sweet and quiet. Watching this happen to him is just heartbreaking and shows how messed up the system is. He never belonged in prison.

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Patricia G Garcia Diaz
1 year ago

I believe that railroad him

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Sky H.
11 years ago

My friend had the same thing happen to him--and by the EXACT same officers that abused Salem. They did everything they could to TRY to get my friend to resist arrest (for a very minor misdemeanor that he was not even guilty of!). They kept terrifying him by yelling at him "quit resisting!" and he had the foresight to keep stating back that "I am NOT resisting". Luckily there were witnesses present who heard this and saw this. Noting that, they then dragged him outside and jammed a tazer against his flesh. Luckily, a witness outside prevented them from tazing him (this is common practice with sedona pd, btw). They wanted badly to get him for more than a mere misdemeanor.... Had there not been witnesses, they would have tazed the heck out of him--and he may have resisted out of fear and pain.....and be in the same boat as this poor man, Salem. Knowing that the same officers did this to Salem makes me very sad and angry about this situation, and I have no doubt this man was abused and is innocent too. I hope this helps!

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