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Linda Tant Miller

MURDERED BY ARKANSAS

JAMES RAYMOND ALBERSON

A MOTHER'S PLEA FOR JUSTICE FOR HER MURDERED SON

BY Barbara Alberson

After seven months of incarceration in the Arkansas Department of Correction (ADC), my son, James Raymond Alberson was dead of a spider bite.

James was a 35-year-old man who was born with a disease called alcoholism. He was a sensitive and loving child who grew into a sad and haunted young man who never recovered from the deaths of his older brother and his father.

Gervase Ray Alberson died of heart disease when he was only 4-1/2 years old. James was only 3-1/2 years old at that time, but he and his brother were extremely close and tightly bonded with one another. To compound James’ issues, he lost his father when he was only nine. As he grew to adulthood, James began to be fixated on these tragic deaths. The burden of pain eventually became more than James could handle psychologically. He developed low self esteem and profound depression, along with anxiety attacks. He learned to self-medicate the pain with alcohol.

James was always kind hearted. He loved and respected people throughout his life. His alcoholism was a very extreme case, in which one drop of alcohol in his system would cause him to go into a trance-like state and yet never realize that he was drunk. He was also never able to remember anything that occurred when he when he sobered up. He was never violent however, and he never harmed anyone nor destroyed any property while he was intoxicated.

My nightmare began when he was arrested and charged with a 4th DWI charge, when in fact, he only had one at the time. The others had been discharged three years earlier, but somehow remained on his record. We couldn’t get anyone to listen to us, and we didn’t have the money to hire an attorney to solve this problem for us.

James had worked a double shift that day and didn’t get home until around 6:30 p.m. Without eating, he took the weed eater, since our lawn mower had been stolen, and mowed the front and back yards. He finished around 9:30 p.m., then came in, took a shower and ate. It was around 11:00 p.m. when he left the house to visit his friend Johnny.

James had not had a drop of alcohol for several months at this time, but he apparently went and bought a case of beer and put it in a cooler of ice in the back seat of the car before reaching Johnny’s house.

Shortly after James left the house, I got a phone call from the Jacksonville Police Department, less than a mile from the house, telling me to come get my car.

James had been arrested for a DWI. This shocked me. When I got to the jail, he was already gone, so the officer and I counted the beers left in the cooler. Only two were missing.

Because he was so exhausted, James had fallen asleep waiting for a long train to pass. The arresting officer testified that she saw the car sitting there and went over and tapped on the drivers side window, then opened the car door, reached in, turned off the ignition and removed the keys.

This testimony was perjury, because my car had been broken into and vandalized several months earlier. At the time of James’ arrest, the window was covered with clear plastic, taped on, and there were no longer any keys for it nor needed for keys, following the vandalism.

James was made to breathe into the Breathalyzer machine several times, because every time he tried to breathe into it hard enough he would start coughing, so it wasn’t registering a reading. He was threatened with being charged with refusing to take the Breathalyzer test before he finally got it accomplished to her satisfaction.

It was clear to me that something was wrong with this picture, but the court- appointed attorney didn’t cross examine the officer, even though she knew she was lying. After court, when I asked her why, she rudely brushed me off, saying that she was busy and didn’t have time to talk to me.

On May 6, 2003, James was sentenced to one year in prison. Although he appealed the sentence, on July 30, 2003, the same day he was supposed to have a parole hearing, he was sent to Pulaski County Detention Center in Little Rock, to await transfer to the ADC’s Diagnostic Center. Everyone sentenced to spend time in the ADC begins their sentence at the Diagnostic Center, where they undergo physical and psychological evaluations in order to be classified prior to being assigned to the particular unit in which they will suffer their incarceration.

While James was at Pulaski County Detention Center, he got an ear infection. Because he didn’t receive adequate medical care for the infection, he began to lose his hearing. Despite the fact that he submitted one grievance after another asking that he receive medical care for his ear infection, as well as his acid reflux condition, his needs went unmet and his hearing loss continued to worsen.

Eventually, they began to provide James Zantac for his acid reflux, but it was given to him dropped into the bottom of a small, water-filled paper cup. As a result, after he drank the water most of the tablet remained stuck to the bottom of the cup. The frustration of not receiving proper medications, properly administered caused additional stress which exacerbated his stomach condition, while his ear infection and hearing loss continued to grow worse, daily.

He wasn’t sleeping much because of the pain in his ears and constant heartburn, but was denied medications to relieve the pain so that he could get some rest.

After the ADC decided he had filed enough grievances, a member of the Grievance Committee visited James in his cell. That person told him that if he wrote any more grievances, he would be punished by being put in the hole. This, of course, scared him, so he stopped writing grievances regarding his medical neglect.

He had asked to see an attorney, but was denied. He asked for medical help, but was denied. So from April 15, 2003 until July 31, 2003, James suffered extreme pain, anxiety, emotional and physical trauma and almost complete medical neglect.

During the three months he was there, James went to an excellent alcohol treatment program called Serenity. After his first session, he called me. For the first time in his life, he admitted to being an alcoholic and that he had no power over alcohol. He cried and told me how sorry he was for all of the problem and heartache he had caused me due to his drinking.

He shared with me the awe with which he turned to God and felt the peace and serenity of God’s Love and Strength.

I was crying along with him, for I now knew that my son was halfway home; that he had taken the first step toward recovering from the horrible disease of alcoholism.

Every day and every night that he called me, we talked of his plans for the life he wanted to begin as soon as he got home. He planned to continue the Serenity program, go to work and study to become a minister so that he could go into prisons and share the Serenity program and his love of God with others like himself.

I was so proud of him...

Even after James was taken to the ADC’S Diagnostic Center on July 30, 2003 he still didn’t get any medical care for his ear infection. He was classified and sent to the Brickeys’s Unit, near the Tennessee border, where they house rapists, murderers and other hardened criminals. I knew he couldn’t make it there.

When I called and asked why he was classified as a violent criminal, I was told that he wasn’t. He had a nonviolent classification. I asked if there was a way to get him transferred to a nonviolent place, and they said “no.”

During the time James was at the Brickeys Unit he witnessed rapes, selling of one inmate to another, beating, stabbing and other terrifying sights. After three days he signed up for the Boot Camp Program, because he was afraid for his life.

Once he got to Wrightsville, where the Boot Camp Program is located, James was told that if he complained about his hearing loss they would kick him out and send him back to Brickeys.

This scared James so much. He knew he couldn’t go back there, so he did his best to deal uncomplainingly with the unending pain and continuing hearing loss in his infected ear.

James was determined to give 200% effort to the program; to do really good and not make any mistakes. We knew that it was not going to be an easy place to be nor an easy program to complete, but he felt confident he could make it there.

The problem was that because of his hearing loss, he often couldn’t hear instructions.

He had guards always yelling at him; telling him he was faking his hearing loss and telling him they were going to make him pay. They would make fun of him in front of the other inmates, and all would laugh at him. The cruel and unusual punishment took a toll on James’ psychological and physical well being.

In September 2003, he got a spider bite, but medical care was refused until it got so bad that the swelling, pus and blood draining from it convinced other inmates to report it to the Sargent. He had James taken to the infirmary, where the nurse merely cleaned and put a bandage on it.

In spite of the pain of all his physical ailments, they still made him march and work in the hot sun every day. At the end of each day of forced hard labor, his white uniform and socks, as well as his shoes would be soaked with blood, but the guards would not get him medical attention.

The joints in his knees, ankles and feet would swell and turn red. It got to the point where he could hardly move. He was suffering such agony because he was locked up in a system that doesn’t care anything about the medical nor any other needs of their charges

I began calling every department head in the ADC, in attempts to get medical care for my son. I even called the governor’s office, because in his letter’s James described how terrified he was for his life and told me he knew he would not live to come home.

I couldn’t get anyone to help me help my son. Even the Chaplain there wouldn’t help.

When I called and talked to John Byus, Medical Administrator for the ADC, he led me to believe that he was a doctor, although his medical training is as a Medical Corpsman in the Navy decades ago. He even told me that he had done amputations on inmates. He told me that he had been there for 27 years and knew his job; that my son was faking and acting sick, but that there was nothing wrong with him.

I begged him to just go see my son and make his own evaluation before just brushing him off. He said he didn’t have time.

I’m still in shock at the treatment James and I received at the hands of the administrators of the Dark and Evil World of the Arkansas Department of Corrections. It’s hard for me to accept that my taxes pay civil servants to treat helpless people in such a cold and cruel manner.

Just weeks before my son died, the boot camp had him carrying around a really heavy log, painted red, to show everyone that he had messed up. Well yes, he did. He didn’t hear what the guard said because he was deaf in one ear because the state of Arkansas didn’t give him proper care for the ear infection that they were well aware of.

At one point I called and talked to a Major Carrington, and he assured me that he would make sure James got some help. All the empty promises and outright lies I got from those who cared enough to even lie to me, was ALL I got.

The ADC is a corrupt prison system with evil people running it who have no concern for inmates that don’t have money. Not all inmates are treated the same way, in the ADC. The ones with money get treated with dignity, whereas the poor ones and those without family are treated like less than caged animals. This is the hard truth that I’ve learned through dealing with the evil administrators of the Dark and Evil World of the ADC, and watching our governor give clemency to killers and other violent criminals, but yet he wouldn’t help my son, who never caused anyone any personal harm nor property damage.

Even in his boot camp unit, James was liked and respected by the other inmates. He was always kind, loving and respectful to all. James was always a peace maker.

I recall when James was in high school and there were many times when other parents were calling here for James at all hours of the night, to ask him to help them find their daughter, or to talk to her. Other teens listened to James because they loved and respected him.

Throughout his entire life James was never violent nor harsh with others and yet here in the ADC they treated him as less than an animal. At least people take their animals to vets when they’re sick, and that’s more than the ADC did for my son.

September 12, 2003, is when he got the spider bite on his knee. He submitted medical requests on September 14 and 15 because he was squeezing pus from the wound and his knee was very sore.

On September 16, he saw Nurse Cassidy who cleaned it, bandaged it and gave him Biaxen, a very dangerous drug which had alerts for those taking it that they must drink a lot of fluids, eat nutritious meals, and be closely supervised. None of the above took place.

It took until September 27 to get medication from the ADC’s Dr. Branch; Rx #1108223, Chlorpheniramine, 4 mg., Quantity 30 to be taken 2-3 times a day.

When one complains about coughing up blood and an extreme rash on his legs, as my son did, immediate medical intervention is needed. This did not happen for my son until it was too late to save his life. The one and only reason for that fact is that the people who are in charge of the ADC may well be the most evil and callous human being on earth.

The ADC murdered my son and destroyed my life. I love my son so very much, and I totally depended on him for everything in my life, from financial help to taking me to doctor appointments, grocery shopping and other necessary errands. Without him my life is so bleak and lonely that it scarcely seems worth living.

Oh, I loved my son more than I have words to express, and I miss him more and more every day. The ADC took two lives with their medical neglect - mine and my son's.

In James’ ADC medical files we found a lot of evidence of his medical neglect.

Because of his spider bite, James’ joints began to stiffen, so Kay Howell, Warden of the Wrightsville Unit and their “medical staff” diagnosed him as having arthritis, so they began giving James a medication that weakens the immune system. At that time, James already had the infections from both his ear and the spider bite which had gone untreated for so long, so the medication further weakened his already-compromised immune system. The medication was completely unnecessary, since his autopsy said he didn’t have any arthritis at all.

All of my crying and begging that he be taken to a hospital did no good at all. No x-rays were even taken, and the one blood test they took had to have told them he needed to be in a hospital, but they ignored their own test, too.

The ADC’s “doctor” was so old that he should have retired many years ago. He apparently took all of his information from the nurses - real losers who kept saying that there was nothing wrong with James; that he was just faking and acting sick.

While he was in the prison infirmary from November 12-15, his blood gases were dropping fast, according to the “nurses’” recordings. This was also an indication that he needed to be rushed to a hospital, but he was not until November 15, 2003 while he was in the process of dying.

On the way to the hospital, James cried and begged the medical technician not to let him die, because he needed to come home and take care of his mom. He also told the Intake ER nurse at Southwest Hospital, the same thing.

Dr. John, the REAL doctor who saw James at Southwest Hospital told me that my son was dying and he could not save him, because he was in such critical condition. He told me that my son only had a 5% chance of living. He also told me that the ADC had said that James had only been sick for a couple of weeks, but he was not fooled by their lies. He said, “This boy did not get in this critical condition overnight. He has been really sick for a long time.”

He was right, of course. James had been getting sicker and sicker since September 2003 and nothing was being done for him.

Dr. John brought in a kidney specialist who said James needed dialysis, and he was going back to St. Vincent’s to get things ready for him.

At this point, John Byus, lying, sadistic monster, former Navy Corpsman who knows EVERYTHING about medicine (not), who is therefore“Medical Administrator” for the ADC reared his ugly, murdering head and ordered James to be sent to Jefferson County Hospital, which is farther away than St. Vincent’s Hospital.

Because James was so critically ill, and didn’t need to be taken those extra miles, I begged that James be sent to St. Vincent’s, but was told that John Byus was the boss.

The doctor didn’t like this at all, but his hands were tied by Byus.

To top this off, the ambulance that transferred him was not equipped to transfer such emergency cases. They had to stop twice before they reached Jefferson County Hospital. The first time was to get a tank of oxygen from somewhere outside of the ambulance, and the second time was to pick up an Emergency Medical Technician, who parked his car on the side of the freeway while he rode with James to the hospital.

The ambulance didn’t use the siren, nor drive at a speed expected of an ambulance which is transporting a critically ill person.

Once we got to Jefferson County Hospital I was told by the doctor there that my son was going to die, for he couldn’t save him. I asked, “Why? Because he’s an inmate and we don’t have a lot of money?” The doctor just walked off, without even responding.

The ADC’s only objective in the “medical care” they provide is to save money, so they let inmates die cruelly and unnecessarily. They must surely save a lot of money that way, because a few VERY inexpensive antibiotics, provided in a timely manner was all it would have taken to save my son. I would have purchased them myself, if they had let me, but they wouldn’t. They wouldn’t help my son, and they wouldn’t let me help him.

My son’s death certificate says my son died of bilateral diffuse hemorrhagic pneumonia. It doesn’t say the REASON he died of it – lack of adequate and timely MEDICAL CARE!

James’ autopsy showed that he had no liver damage. If he drank as much as they said he drank, he would have had liver damage from it. He really worked hard at not drinking, and taking care of his body.

I am so shocked about the way James was treated and let die like an animal. No one deserves that kind of treatment from people who have them in custody and who are therefore, supposed to be responsible for their medical needs and safety. James was a guy with no criminal record at all. He was a man filled with love and respect for everyone he came into contact with, and would have given the shirt off his back to anyone who needed it. He got a death sentence for a DWI, even though he had not even caused any personal or bodily damage to anyone or anything. He was sentenced for what he MIGHT do, not for anything he did. This is not the law.

Judge Bob Batton, the Municipal Judge for Jacksonville was an Honorary Pall Bearer for James. He liked James very much.

I pray that the current administrators of the ADC will be replaced and the prison system reformed before other lives are lost and destroyed within the Dark and Evil World of the Arkansas Department of Correction.

HAPPIER TIMES

James & his sister Billie Rae
James was 6 and she was 5.

James at age 7

James at age 9

James at age 14

James and his sister, Billie Rae
Jr. High School

James when he graduated from Jr. High
1986

James in the 9th grade

James in the 10th grade

James in 12th grade

James' High School Graduation Photo

James at age 21

James at age 27

James at age 33

James, Christmas 1990

James with niece, Cori
2002

James with Niece, Cori
2002

James and niece, Jade

James in 2002

James in 2002

James and his nieces Cori and Jade

James and Billie Rae


JAMES' GRAVE

TOP INSCRIPTION:
WE LOVE AND MISS YOU
YOUR SPIRIT WILL SOAR
IN OUR MINDS, HEARTS AND SPIRITS
FOR ETERINTY

BOTTOM INSCRIPTION:
WEEP AND MOAN FOR ME NO MORE
FOR I AM NOW RESTING FROM MY EARTHLY LABOR AND PAIN
ALWAYS REMEMBER ME AND LOVE ME AS I DO YOU ALL
I AM ALREADY WITH YOU
LOVE ALWAYS AND FOR ETERNITY
JAMES

FACTOR 8: THE ARKANSAS PRISON BLOOD SCANDAL

Kelly Duda and Concrete Films have produced a documentary which details the corruption and greed that led the Arkansas Department of Correction to spread death from Arkansas prisons to the entire world. Hear the story from the mouths of those responsible for the harvesting of infected human blood plasma, and its sale to be made into medicines.

Duda's award-winning film unflinchingly documents the whole story the U.S. government and the state of Arkansas have tried to keep hidden from the world.

Click the photo of Kelly Duda at work to order your own copy of
"Factor 8: The Arkansas Prison Blood Scandal"

Click the photo of Kelly Duda at work to visit the
Factor 8 Documentary website

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