According to court documents, a corrections officer discovered the pencil during a"routine body cavity inspection." The state is alleging the sharpened pencil is considered a"deadly weapon" and"dangerous instrument," while defense is arguing discriminatory intent, stating:
"Mr. Clements is a member of a class of 2,100 inmates incarcerated at PCADC [Pima County Adult Detention Complex] that are permitted to possess, use, and or obtain pencils and other writing instruments to take notes regarding their cases, highlight their disclosure, draft jail grievances, draft court pleadings to access the courts, to write letters to their attorneys, families, and friends, to do artwork, etc.
At that point in time, Clements had already been convicted and sentenced in 2022 for the kidnapping and killing of 13-year-old Maribel Gonzalez. The Celis trial, which began the day after the pencil incident, ended in a hung jury. Clements is facing a re-trial for the Celis murder in February of 2024.
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