I, Peter McWilliams, hereby state:
A. On July 22, 1998, at approximately 9:00 PM, I took my sixth and final dose of prescription medications known as the "combination therapy" to treat my AIDS. I have been taking the combination therapy regularly since my diagnosis for AIDS and cancer in March 1996. This combination has kept my "viral load" (the amount of active AIDS virus in the body) to "indetectable" levels during most of the period from March 1996 until the present. This will be the last proper dosage I will be able to keep down (all three combination-therapy medications cause me severe nausea) until 8:00 PM on July 26, 1998.
B. At approximately 6:00 AM on July 23, 1998, I am awakened by DEA agents who tell me they have a warrant for my arrest. (I was not presented with the warrant, nor have I seen it as of this date). When I asked how much medication I should take with me, I am told by the agent I know as "Zack" that I would not be gone long and that as soon as I "sign a paper in front of the judge" I will be released. I take my morning dose without benefit of the two anti-nausea medications recommended by my physician, medical marijuana or Marinol. (Marinol must be taken one hour before the combination therapy to be effective.)
C. At approximately 7:15 AM I am turned over to the U.S. Marshalls. I vomit all the medication I took at 6:00 AM. This is before it is completely absorbed.
D. At approximately 9:00 AM, as handcuffs are put on me returning from an interview with Pretrial Services, my wrist suffers a three-quarter inch cut. This exposes my system to infestation and potentially exposes others to my AIDS. I tell several guards about this, noting my AIDS and the urgency for treatment, but I receive no antibiotic or bandage.
E. At approximately 9:45 AM, two DEA agents I know as "Zack~ and "Chris" take custody of me after a meeting with my attorney. I ask for my medication, which I had brought and was in the possession of the U.S. Marshalls 100 feet away, and was told, "You'll get your medicine, but first we're going upstairs and see the judge." Court lasted more than two hours, after which I was taken to the Metropolitian Detention Center (MDC) intake area. Again, I was told I would get my medications "right away."
F. At approximately 5:00 PM I am given a pair of hard plastic shoes that are two sizes too small and cracked and broken. I am not permitted socks.The sandals cut my feet in several places. I explain my contageon problem to several guards. I receive no medical treatment for these open wounds, further subjecting me to infection. I still have not received my medication promised by the DEA Special Agents.
G. At approximately 8:00 PM I have not received any medication. When I tell of physician's assistant (PA) about this, he tells me, "Shut up, get your ass in that cell, and sit down."
H. At about 9:00 PM I am given my first dose of medication for the day. It lacks Zerit (stavudine), one of the three essencial medications in the AIDS combination therapy.
I. At approximately 9:15 PM I explain to a PA and an intake counselor the nature of my illness and the importance of not missing a single dose. I am assured all medication will be brought to me on time.
J. At approximately 10:15 PM I am taken to MDC floor 7-North (7-N). There is no bed for me in a cell. I am locked in the TV room with no mattress, no toilet, no sink, no running water until 6:00 AM the following morning.
K. On July 24, 1998, at about 6:00 AM I request my medication. I am told to see the PA at 9:00 AM sick call.
L. At approximately 9:00 AM I get in line for sick call. There are approximately ten other inmates, many coughing deeply.
M. At approximately 9:40 AM I see the PA in a private consultation. She tells me I cannot be permitted my "outside" medication, but MDC has "comparable" drugs. I am told I cannot have Marinol for the AIDS-medication-induced nausea, but will be given Compazine. I am told Compazine "has no side effects." The PA also misidentifies Zerit (stavudine) as "Inivir." I am given no medication at this time.
N. At approximately ll:30 AM I am given Crixivan (indinavir) and Videx (didanosine), two of the combination-therepy drugs. I am not, however, given Zerit (stavudine), nor am I given any anti-nausea medication. The Crixivan and Videx are impossible to keep down without an anti-nausea medication. I speak to three people about this, with no result.
O. At approximately 12:15 PM I fill out my first Inmate Request to Staff Member form, known at MDC as a "copout" form. I label it "MEDICAL EMERGENCY." I hand it to a guard, and am told I would have my medication "around 2:00."
P. At approximately 2:45 PM I ask again about my Zerit. I receive no response or anti-nausea medication. I am told "around 5:00."
Q. At approximate 5:15 PM, I ask about my medication.
R. At approximately 7:00 PM I am given three (3) Compazine for nausea. Compasine is marginally effective in keeping down the Crixivan and the Videx. I still do not have the third essencial AIDS combination-therapy treatment, Zerit.
S. At approximate 7:30 PM I fill out my second "MEDICAL EMERGENCY" copout.
T. At approximately 8:30 I am informed by a PA that there will be no Zerit all weekend (this is Friday evening).
U. At approximately 8:45 PM I file my third "MEDICAL EMERGENCY" copout. I am told I will receive my full compliment of AIDS medications at the 6:00 AM "pill line." It has been 48 hours since my last proper medical dose of AIDS medications.
V. On July 25, 1998, there is no 6:00 AM pill line. There is also no 9:00 AM sick call, although I was told there would be one. "We never have them on weekends," I am informed.
W. At approximately 12:30 PM is the first pill line of the day. There is still no Zerit. I fill out my fourth "MEDICAL EMERGENCY" dopout. I ask that Judge Wistrich be notified, as he requested such notificatian at my bail hearing on JulY 23, 1998, if I was not given proper AIDS treatment. [A copy of this copout is enclosed as EXHIBIT A.]
X. Unable to find a free telephone, I file a fifth "EMERGENCY MEDICAL" copout requesting a telephone line to speak with my attorney about the fact that "the lack of AIDS medication MAY BE KILLING ME. PLEASE DO SOMETHING." I file it at 1:00 PM. [Attached as EXHIBIT B.]
Y. The pill line at approximately 6:00 PM does not have my medication.
Z. It has been more than 72 hours since my last proper AIDS treatment. I fill out my sixth copout, labeling this one "MEDICAL MURDER" in an attempt to get someone's attention. "My lack of AIDS medication is killing me," I write, "I need my medication." [Attached as EXHIBIT C.] I ask to see someone in charge and am taken to Lt. Bell's office. He checks with someone he indentifies as "Bueno Nestios" who tells him I have already received my medication. Lt. Bell tells me, "It is not a good idea to get off on the wrong foot by lying to me." I attempt to explain I am not lying. He suggests I see "Dr. Ilhe" the following morning. I am returned to my cell at approximately 10:30 PM.
AA. On July 26, 1998, there are no medications for me at the 6:00 AM pill line.
BB. At approximately 7:00 AM I write a copout addresed to Dr. Ilhe saying, "I have not had my complete AIDS medication since 11-23-98.~ [Attached as Exhibit D.]
CC. At approximately 10:30 AM Dr. Ilhe visits me. I tell him of my lack of medication.
DD. At the 1:30 PM pill line, there is no Zerit (stavudine) for me.
EE. At approximately 8:00 PM I am given a single Zerit pill. Later, I am given a bottle of Zerit pills, RX400068329 from "Pharmacy Services." It is dated "7/26/98". It is one hour short of four full days without proper AIDS mediciation.
FF. On July 27 at 3:00 AM I am awakened for a court date (my arraignment). I am told I cannot take any medications with me. I take my morning dose of AIDS medications, but cannot keep it down due to the marinal effectiveness ofthe Compazine and because I must take the pills at the same time as the Compazine, not giving the anti-nausea Compazine time to work at all. Although I ask guards for my AIDS medication throughout 8 the day, I receive nothing until I am returned to my cell in the early evening. At my arraignment, I tell the judge I did not receive AIDS medication for four days. Before returning to my cell, I am taken to see a medical doctor, who tells me I will have my medications from that point on.
GG. On July 28, 1998, I am awakened at 5:00 AM and taken to the courtroom of Judge Snyder, on her order, to testify in a civil lawsuit. Although asking guards throughout the day, I receive no medication throughout the day, until I am returned to my cell at 3:00 PM. As the dey before, the morning dose was taken in such haste, the anti-nausea medication is not given a chance to work, and I vomit my morning dose. I almost vomit on the witness stand, and must apologise to the judge for my trembling and halting speech.
HH. On July 29, 1998, I send a copout to the medical department informing it I was almost out of Compazine.
II. On July 30, 1998, I use my last Compazine and am not given any replacement.
On July 31, 1998, I go again before Judge Wistrich for a bail reduction hearing based, in large part, on my lack of proper AIDS treatment. I can keep down no medications all day. The prosecutor tells Judge Westrich he has checked with two medical personnel, who informed him that I had indeed received all three AIDS medications since July.24, 1998, the second day of my captivity. This is proven inaccurate by the MDC's own prescription bottle. The prosecutor also misidentifies the antidepressant Trazadone as "a sleeping pill." He further tells the Court that I did not receive two cycles of medication because I was a "no show" for the pill line." Although I ask the guards repeatedly for my medication, I do not receive any until I am returned to my cell at about 5:00 PM. I am unable to keep it down, as I do not have any anti-nausea medication whatsoever.
JJ. I fill out two copouts, one pleading for more Compazine [attached as Exhibit E] and one explaining that I cannot hear pill call from my room (there is a loud television between the main desk and my room, which is in the farthest corner of the floor) [attached as Exhibit F.]
KK. On August 1, 1998, I am unable to keep down any AIDS medications due to nausea. I still have not been given Compazine or any other anti-nausea medication.
LL. On-the morning of August 2, 1998, I send yet aother copout: "I still have not received my Compazine for my nausea. I cannot keep down my AIDS medications. I have not had Compazine since July 30, 1998, and therefore cannot keep down my life-saving medications. HELP! PLEASE!" [Attached at Exhibit G.]
At the 7:30 pill line, I am told I "already have" my Compazine. When I say this is not so, Lt. Fergeson, who was standing nearby, says he will put me "in the hole" if I continue to "speak disrespectfully to staff." I tell him my life is at stake, and he informs me, "You look healthy enough to me." He tells me to sign up for sick call and fill out a copout. I tell him I have done both several times, and he tells me, I've told you what to do and I'm not going to argue with you." The PA refuses to give me her name.
MM. This declaration is completed at 9:00 PM, August 2, 1998. I have not been able to keep down my AIDS medication since the evening of July 29, 1998, four days ago. In eleven days in custody, I have not had proper treatment for AIDS eight of those days.
* see below for N.N.
I swear under penalty of perjury under the laws of the State of California and federal laws that the foregoing is true and correct to the best of my knowledge.
Signed this 2nd day of August 1998 in Los Angeles California by
Peter McWilliams
Inmate #13835-112 N.N. As of 5:15pm, August 3, 1998, I have not received my Compazine. I have reported this at sik call at 9:00am and on pill line to a PA at 10:30AM, with no results thus far. signed P.W. August 3, 1998.