On death row now for over a decade, Jeffrey Havard fights wrongful conviction and death sentence by Mississippi state

This is reblogged from Lockup Reform:
April 22nd 2013

The 2002 conviction of Jeffrey Havard reeks of WRONGFUL in a really bad, alarming sort of way. The kind of way that caused me to wonder if at this moment I was somehow involved in some sort of freak situation that could earn me a wrongful conviction, landing me in solitary confinement on death row for years on end, all due to some outrageous misinterpretation or spinning of facts as they occurred—all completely out of my control.

I was not familiar with Havard’s case until a colleague and friend, Lori Howard (@LoriHoward16), who is a relentless advocate for the wrongfully convicted (she’s got a one-track mind and a drive I envy, which she claims materialized after coming this close to catching a serious wrongful conviction case of her own five years ago), started sharing bits and pieces of his story with me. Her devotion to freeing Havard inspired me to examine the facts for myself, so guided by Lori, I started reading and reading on the case.

I advocate for criminal justice reform and prisoners’ rights in my own work, but really focus my efforts on people held in prolonged solitary confinement, so this was new territory for me. But as I started processing the information, the facts and the countless stories on Havard, I was appalled. If you’re not familiar with Jeffrey Havard’s case, Bruce Fischer provides a good background on GroundReport. Or here’s the real quick and dirty of it (as posted on the official Free Jeffrey Havard Facebook page):


Backtracking to 2002 when Havard was convicted, it’s important to note two important details, each of which unquestionably impacted the outcome of his case, facilitating Mississippi state’s determination that he is no longer worthy of life. As reported in a recent story on WAPT News:

Former state Supreme Court Justice Oliver Diaz said Hayne’s testimony that Havard shook the baby to death went unchallenged because the public defender couldn’t afford a second exam. 

He was denied the use of his own expert in that case, but they allowed the state to proffer Dr. Hayne as an expert for the state,” said Diaz, who served on the Mississippi Supreme Court from 2000 to 2008.

With these injustices in mind, new information and details have continued to surface in connection with the original evidence incriminating Havard, which has from the start been perceived by many as dubious at best (not even). Recently there has been increased media attention to the already well known, controversial case, including a story published yesterday by The Clarion-Ledger, from which I quote liberally throughout this post:

Mississippi death row inmate Jeffrey Havard recently filed a petition in federal court requesting relief from his capital murder conviction and death sentence, claiming they are a “violation of numerous of constitutional rights.”

Havard was convicted in [2002] in Natchez for sexual battery and murder of his then girlfriend’s daughter, 6-month-old Chloe Britt. He admits accidentally dropping her but denies sexually abusing and killing her…

Attached to Havard’s petition is an appendix including 10 media reports by The Clarion-Ledger’s Jerry Mitchell, The New York Times, Huffington Post, CNN, InjusticeAnywhere.com and others.

Now the flimsy evidence used to build a case against Havard—the same evidence on which the great state of Mississippi based its conviction and death sentence of a young man—has been further discredited. As stated by The Clarion-Ledger:

Since the conviction, questions about the autopsy and testimony of pathologist Dr. Steven Hayne, who performed the autopsy, have been brought to light by a number of local and national media outlets…

At trial Hayne testified the death was a homicide, consistent with shaken baby syndrome, and that an anal contusion was “consistent with penetration of the rectum with an object.”
But Hayne has since acknowledged to Havard’s attorneys the contusion was found in an area easily injured and a rectal thermometer like the one used in the emergency room to check the child’s temperature could cause such a contusion but that he did not think it was likely.

Hayne conducted autopsies for the state from the late 1980s and the late 2000s. He was removed from a list of approved forensic pathologists in 2008.

And now I give props to the good people at The Clarion-Ledger for their huge show of support and efforts to finally get Havard the trial he should have had over a decade ago:

At The Clarion-Ledger’s request, world-renowned pathologist Dr. Michael Baden examined Hayne’s autopsy report and photographs and concluded there was no evidence of sexual abuse – or even of a homicide.

The outcome of the new examination? I was very pleased but not surprised at Baden’s conclusions:

The injuries described at autopsy were consistent with “the baby being accidentally dropped and striking her head on the toilet tank as the father described,” Baden said.
The anal abrasion described in the autopsy can be the result of common causes, such as constipation, diarrhea, toilet paper or even rubbing against a diaper, he said.

Wrapping up, The Clarion-Ledger concludes:

Havard‘s 169-page petition and request for a speedy trial was filed March 29. Havard told The Natchez Democrat the trial unfairly asked him to testify about the dilation of the child’s body [which, according to Havard intermediary Lori Howard, put the burden of proof to explain the dilation on Havard].
“The burden [of proof] was improperly placed on me to explain their predicate for why they thought there was sexual battery,” Havard told Reporter Vershal Hogan in a phone interview from the Mississippi State Penitentiary.

Havard also reportedly said the hospital personnel were not qualified under the law to speak about sexual abuse.

“The (emergency room) staffs were allowed to say things that were expert opinions. The only person who was tendered to give expert opinion – (Hayne) – was never asked to give his opinion,” Havard said.

Adams County District Attorney Ronnie Harper told The Democrat he thought the testimony of the hospital personnel was based on personal observations, and they did not have to be tendered as experts.

In his latest petition, Havard asks the court for relief of the original conviction and sentence, also requesting “at the very least,” permission to produce evidence raised in the petition during a proposed evidenciary hearing in federal court. I’d be hard-pressed to find a reason to deny his hard-earned requests, already paid for in full by Havard personally with over a decade of his life, wasted in the bowels of Mississippi’s penal system—in solitary confinement and on death row, likely wondering if his only ticket out of the hellhole in which Mississippi currently holds him is his own death.

To stay current on unfolding developments in Jeffrey Havard’s fight for his life and freedom from the clenches of Mississippi’s penal system and death row:

1) Periodically check Free Jeffrey Havard and Jeffrey Havard’s blog
2) Follow @FreeJeffKHavar on Twitter  and “Like” https://www.facebook.com/FreeJeffreyHavard on Facebook
If you support Jeffrey Havard, think he should be granted a new trial and want to see his face added to the Faces of Innocence collage below, please be sure to sign the Change.org petition calling on  United States District Judge Keith Starrett to Grant Jeffrey Havard a New Trial! 
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Mississippi’s incarcaration rate continues to climb, straining finances

From: Gulf Live, Mississippi Press
Jan. 10th 2013

JACKSON, Mississippi — As Mississippi enters the second half of the current fiscal year, Mississippi’s prison population continues to increase and shows no signs of abating, according to a news release from the state Department of Corrections.
During 2011, the number of prisoners under the jurisdiction of state and federal correctional authorities declined by 0.9%, from 1,613,803 to 1,598,780, but not in Mississippi.
Mississippi has increased its inmate population by over 1,000 in the past two years:
• July 1, 2012 – 22,023 inmates, an increase of 716 from July 1, 2011
• July 1, 2011 – 21,307 inmates, an increase of 382 from July 1, 2010
• July 1, 2010 – 20,925 inmates
According to the United States Department of Justice – Bureau of Justice Statistics, only three states — Louisiana, Mississippi and Oklahoma — have incarceration rates at or above 650 per 100,000 residents. Mississippi is second only to Louisiana in incarceration rates. 
Today, the U.S. has the highest incarceration rate of any country in the world, with over 1.5 million men and women living behind bars.

Inmate pleads guilty, second charged, in Mississippi prison riot

By HOLBROOK MOHR Associated Press
Posted September 7, 2012
In: The Commercial Appeal, TN

JACKSON — One inmate has pleaded guilty to participating in a deadly prison riot in Mississippi, while a second prisoner has been charged in the case.

One guard was killed and 20 people were injured in the May 20 riot at the privately-run Adams County Correctional Facility in Natchez, which holds illegal immigrants convicted of crimes in the U.S.

Yoany Oriel Serrano-Bejarano was charged Tuesday. A complaint filed by an FBI agent says he assaulted a guard and helped other inmates climb onto the roof of a building where correction officer Catlin Carithers was beaten to death.

The affidavit says prisoners took food service carts out of the dining hall and kitchen and stacked them on top of each other to climb onto the roof where Carithers was assaulted.

“Serrano-Bejarano has been identified as one of the inmates who held the food carts so the inmates could access the roof,” the complaint says.

The court documents also say Serrano-Bejarano assaulted a different guard, was seen with a prison guard’s radio, and destroyed cameras and windows.

Serrano-Bejarano is at least the second inmate charged in the case. Court records did not list an attorney for him.

Juan Lopez-Fuentes pleaded guilty to participating in the riot during a hearing Aug. 27 in U.S. District Court in Natchez. He faces up to 10 years in prison at sentencing on Nov. 19. Lopez-Fuentes was charged with leading a group of inmates who took hostages in one section of the prison. He forced one of the hostages to relay orders for tactical teams to drop their weapons and back off, according to court records in his case.

Lopez-Fuentes was serving time for two previous felonies at the time and was facing deportation.

The FBI affidavit doesn’t say why Serrano-Bejarano was being held in the prison, though it says he was released Aug. 28 and turned over to U.S. Immigration and Customs enforcement for deportation. The criminal charge will allow authorities to hold him pending the outcome of the case.

Court records say the prisoners were angry about their treatment the day the riot erupted.

The prison holds nearly 2,500 illegal immigrants, most of them convicted on charges of coming back to the U.S. after being deported. The prison is owned by Nashville-based Corrections Corp. of America, one of the nation’s largest private prison companies.

The FBI says in court records that the riot was started by a group of Mexican inmates, known as Paisas, who were angry about what they considered poor food and medical care and disrespectful guards. Paisas are a loosely affiliated group within the prison, without ties to organized gangs, FBI spokeswoman Deborah Madden has said.

It took hours for authorities to control the riot, which grew to involve hundreds of inmates and caused an estimated $1.3 million in damage.

Read the rest here

It would be good to know from other sources what happened.

Meridian Schools Violated Student Rights In Mississippi, Arrested Students Without Probable Cause, Feds Say

By HOLBROOK MOHR 08/10/12 05:40 PM ET AP

Via: http://www.huffingtonpost.com/2012/08/11/feds-student-rights-viola_n_1768306.html

Meridian Mississippi Schools

JACKSON, Miss. — Officials in east Mississippi operate a “school-to-prison pipeline” that incarcerates students for disciplinary infractions as minor as dress code violations with a policy that affects mostly black and disabled children, the U.S. Justice Department said Friday.

The Justice Department said police in the city of Meridian routinely arrest public school students without determining if there’s probable cause when the school wants to press charges for a violation. Federal authorities say the students are then denied due process in youth court and on probation. The Justice Department did not outline specific allegations of wrongdoing against the school district in a letter to state and local authorities. Instead, it appears from the letter that the problems begin once a student is arrested.

Once arrested, the youth court puts the students on probation, sometimes without proper legal representation, according to the letter. If the students are on probation, future school violations could be considered a probation violation that requires them “to serve any suspensions from school incarcerated in the juvenile detention center,” the department said.

That means if a student is on probation and then gets suspended for a minor infraction like “dress code violations, flatulence, profanity, and disrespect,” the student could have to serve that suspension in the detention center.

“The students most severely affected by these practices are black children and children with disabilities in Meridian,” the Justice Department said.

The Justice Department made the allegations in a letter to Mississippi’s governor, attorney general and various officials in Meridian and Lauderdale County.

“These entities, working in conjunction, help to operate a school-to-prison pipeline that routinely and repeatedly incarcerates children for school disciplinary infractions,” the letter said.

The department said if the matter isn’t corrected soon it will sue the Lauderdale County Youth Court, the Meridian Police Department and the Mississippi Division of Youth Services, a division of the state Department of Human Services. The Division of Youth Services is involved the probation system.

“The systematic disregard for children’s basic constitutional rights by agencies with a duty to protect and serve these children betrays the public trust,” said Thomas E. Perez, Assistant Attorney General for the Civil Rights Division. “We hope to resolve the concerns outlined in our findings in a collaborative fashion, but we will not hesitate to take appropriate legal action if necessary.”

The police department referred questions to a city spokesman, who didn’t immediately return a call. The governor’s office, the youth court and DHS didn’t immediately comment on the letter. The school district superintendent didn’t immediately respond to a message.

The letter said the findings are the result of an eight-month investigation. The letter also said that Lauderdale County Youth Court Judges Frank Coleman and Veldore “Vel” Young pledged to cooperate in the investigation, but “consistently denied DOJ access to information about the policies and practices” of the court and directed the city of Meridian to deny the department access to files concerning children.

A Wave of Prisoner Resistance Sweeps the South

“We’re tired of being treated like animals.”

By Jen Waller andThomas Hintze
Waging Nonviolence, via: http://www.indypendent.org/2012/06/01/wave-prisoner-resistance-sweeps-south
Thanks to: The Real Cost of Prisons

June 1, 2012

Last week, prisoners in two different facilities in the United States resisted inhumane conditions — one through an uprising that the mainstream media dubbed a “riot,” and the other through a hunger strike. The tactics employed by the two groups differ, but the messages are clearly linked: Prisoners are protesting their conditions and are willing to put their lives on the line to fight for better treatment.

On May 20, inmates took control of the Adams County Correctional Facility in Mississippi for over eight hours. One inmate managed to access a cell phone during the uprising and called WLBT TV in Jackson, proving his presence in the prison by sending pictures. He gave the station the following statement: “They beat us; we’re just [paying] them back. We just need better treatment and services. We need medical attention. We just want some respect. They call us wetbacks” — referring to a racist slur used against undocumented immigrants.

The prison is privately owned by Corrections Corporation of America (CCA), which manages over 60 facilities and touts a capacity of 90,000 beds. The prison in Adams County is populated by immigrants from over 70 countries awaiting deportation and is part of a larger war on undocumented immigrants in the United States. 2011 was a record year for deportations: 396,000 people were removed from the country, and more than half of those people were convicted of crimes and held at private immigration detention facilities like the one in Adams County.

During the uprising, one guard was killed, and several guards and inmates were injured. Over two dozen guards were reportedly held hostage. The prisoners were subdued by SWAT teams, which dropped pepper spray grenades and tear gas bombs into the facility. Before it was quashed, more than 600 of about 2,500 total inmates were reportedly involved in the takeover.

The mainstream media, much like the prison officials themselves, have sought to silence the grievances that motivated the uprising. Nearly every headline has emphasized images of violence, tumult, disorder. Many news outlets claimed that a gang fight started the revolt, yet they fail to explain how a clash between rival gangs could result in an apparently unified uprising with clear demands.

The nature of the uprising and the death of a prison guard in the midst of it have given the media a pretext to ignore the massive violence and brutality that prisoners suffer across the country every single day. The incident is also symptomatic of the fact that the privatization of prisons like the one in Adams County means a lack of oversight and responsibility, which results in inhumane conditions for inmates. The Mississippi Immigrants Rights Alliance has received numerous complaints about the conditions of this CCA facilitity and many others, with reports of beatings, overcrowding, substandard food and lack of proper medical care, among other grievances. These are precisely the kinds of problems that were cited by those who took matters into their own hands in Mississippi by mounting an occupation.

Meanwhile, 45 prisoners at Red Onion State Prison in Wise County, Virginia were plotting another kind of resistance: a hunger strike, which they launched on May 22. With the help of a network of prisoner-support activists in the area, the hunger strikers released 10 demands and a press advisory. Among these demands were such basics as fully-cooked food and access to fresh fruit and vegetables, access to complaint and grievance forms, an end to torture in the form of indefinite segregation, and adequate medical care. Five hundred of the 1,700 inmates at Red Onion — Virginia’s only “supermax” prison — spend 23 hours a day in isolation. Inmates at Red Onion have also reported being beaten by guards and bitten by dogs.

Prisoner hunger strikes like this have been growing in frequency. Just in the past year, hunger strikes have happened at the Ohio State Penitentiary, the Corcoran State Prison, Pelican Bay State Prison, Ironwood State Prison, Kern Valley State Prison and more. Prisoners around the world are also choosing to resist by hunger striking, most notably the 2,500-strong Palestinian prisoner hunger strike that went on for weeks and was ultimately hailed as a victory. As we write, there are prisoners fasting in resistance in Dubai, Morocco, Egypt and, earlier this week, a 110-day hunger strike ended in Bahrain.

On Tuesday, a flurry of articles, including one in The Washington Post, ran with headlines claiming that the hunger strike at Red Onion prison had ended. In order for the state to officially recognize a hunger strike, inmates must reject their meals for nine consecutive days, which Virginia Department of Corrections Director Harold Clarke said they had not. In response to the news, activists with the group Solidarity with Virginia Prison Hunger Strikers issued a response challenging the validity of the DOC’s statements:

There has been a history of organizing at this prison to protest the inhumane conditions since the opening of the prison. Because it was the prisoners themselves who put their bodies on the line to call attention to injustices at Red Onion, it should be the prisoners to whom we listen over the press releases of the Virginia Department of Correction. Given that the VA DOC both failed to acknowledge the hunger strike at the onset and engaged in sending out misinformation, their version of events is suspect.

At Red Onion, one of the hunger strikers’ representatives denounced the inhumanity of the prison:

We’re tired of being treated like animals. There are only two classes at this prison: the oppressor and the oppressed. We, the oppressed, despite divisions of sexual preference, gang affiliation, race and religion, are coming together. We are rival gang members but now are united as revolutionaries.

Those affirmative words echo a rich and varying legacy of prisoner resistance that is all but forgotten in the American consciousness. Perhaps the most famous prison uprising in U.S. history was the Attica rebellion of 1971, when prisoners took control of the facility in upstate New York for five days before Governor Nelson Rockefeller approved a military siege. Thirty-one prisoners were killed, and nine guards died in the hail of bullets used to quash the occupation. Yet, over the course of those five days, the prisoners at Attica built a sense of community, about which one black prisoner later said, “I never thought whites could really get it on … But I can’t tell you what the yard was like, I actually cried it was so close, everyone so together.”

As the speaker from Attica and the representative at Red Onion State Prison both allude to, it is when divides of race, identity, and affiliation start to break down that prisoners are empowered to seek better conditions and more rights. These struggles also depend on those on the outside who show solidarity and help to spread awareness of the prisoners’ grievances. Supporters of the Red Onion hunger strike are organizing through their website and an online petition. The San Francisco Bay View has posted a further list of ways people can support the Red Onion revolutionaries. Inmates are putting their lives in danger to fight for meaningful change in a brutal system, but without people outside the prisons echoing them, their cries can continue being silenced and ignored.
——-
http://virginiaprisonstrike.blogspot.com/

This article was originally published by Waging Nonviolence.

http://www.indypendent.org/2012/06/01/wave-prisoner-resistance-sweeps-south

Prisons Rethink Isolation, Saving Money, Lives and Sanity

From: New York Times

CHANGED ATTITUDES Christopher B. Epps, Mississippi’s commissioner of
corrections, said he used to believe that difficult inmates should be locked
down as tightly as possible, for as long as possible. “That was the culture,
and I was part of it,” he said.

By ERICA GOODE
Published: March 10, 2012

PARCHMAN, Miss. — The heat was suffocating, and the inmates locked alone in
cells in Unit 32, the state’s super-maximum-security prison, wiped away
sweat as they lay on concrete slab beds.

Josh Anderson for The New York Times

One of the 12-foot-by-7 ½-foot solitary cells in Unit 32 of the Mississippi
State Penitentiary.

Kept in solitary confinement for up to 23 hours each day, allowed out only
in shackles and escorted by guards, they were restless and angry — made more
so by the excrement-smeared walls, the insects, the filthy food trays and
the mentally ill inmates who screamed in the night, conditions that a judge
had already ruled unacceptable.

So it was not really surprising when violence erupted in 2007: an inmate
stabbed to death with a homemade spear that May; in June, a suicide; in July
another stabbing; in August, a prisoner killed by a member of a rival gang.

What was surprising was what happened next. Instead of tightening
restrictions further, prison officials loosened them.

They allowed most inmates out of their cells for hours each day. They built
a basketball court and a group dining area. They put rehabilitation programs
in place and let prisoners work their way to greater privileges.
In response, the inmates became better behaved. Violence went down. The
number of prisoners in isolation dropped to about 300 from more than 1,000.
So many inmates were moved into the general population of other prisons that
Unit 32 was closed in 2010, saving the state more than $5 million.
The transformation of the Mississippi prison has become a focal point for a
growing number of states that are rethinking the use of long-term isolation
and re-evaluating how many inmates really require it, how long they should
be kept there and how best to move them out. Colorado, Illinois, Maine, Ohio
and Washington State have been taking steps to reduce the number of
prisoners in long-term isolation; others have plans to do so. On Friday,
officials in California announced a plan for policy changes that could
result in fewer prisoners being sent to the state’s three
super-maximum-security units.

The efforts represent an about-face to an approach that began three decades
ago, when corrections departments — responding to increasing problems with
prison gangs, stiffer sentencing policies that led to overcrowding and the
“get tough on crime” demands of legislators — began removing ever larger
numbers of inmates from the general population. They placed them in special
prisons designed to house inmates in long-term isolation or in other types
of segregation.

At least 25,000 prisoners — and probably tens of thousands more, criminal
justice experts say — are still in solitary confinement in the United States
Some remain there for weeks or months; others for years or even decades.
More inmates are held in solitary confinement here than in any other
democratic nation, a fact highlighted in a United Nations report last week.
Humanitarian groups have long argued that solitary confinement has
devastating psychological effects, but a central driver in the recent shift
is economics. Segregation units can be two to three times as costly to build
and, because of their extensive staffing requirements, to operate as
conventional prisons are. They are an expense that many recession-plagued
states can ill afford; Gov. Pat Quinn of Illinois announced plans late last
month to close the state’s supermax prison for budgetary reasons.
Some officials have also been persuaded by research suggesting that
isolation is vastly overused and that it does little to reduce overall
prison violence. Inmates kept in such conditions, most of whom will
eventually be released, may be more dangerous when they emerge, studies
suggest.

Christopher B. Epps, Mississippi’s commissioner of corrections, said he
found his own views changing as he fought an American Civil Liberties Union
lawsuit over conditions in the prison, which one former inmate described as
“hell, an insane asylum.”

Mr. Epps said he started out believing that difficult inmates should be
locked down as tightly as possible, for as long as possible.
“That was the culture, and I was part of it,” he said.
By the end of the process, he saw things differently and ordered the changes

“If you treat people like animals, that’s exactly the way they’ll behave,”
he now says.

A Very Costly Experiment
James F. Austin held up the file of an inmate in Unit 32 and posed a
question to the staff members gathered in a conference room at the
Mississippi Department of Corrections headquarters in Jackson.
“O.K., does this guy really need to be there?” he asked.

It was June 2007, and the department was under pressure to make
court-ordered improvements to conditions at Unit 32, where violence was
brewing. Dr. Austin, a prison consultant, had been called in by the state.
As the discussion proceeded, the staff members were startled to discover
that many inmates in Unit 32 had been sent there not because they were
highly dangerous, but because they were a nuisance — they had disobeyed
orders, had walked away from a minimum-security program or were low-level
gang members with no history of causing trouble while incarcerated.

—-
Scott Shane contributed reporting from Washington.

This article has been revised to reflect the following correction:

Correction: March 18, 2012

An article last Sunday about states that are rethinking the use of long-term solitary confinement misidentified the office held by Christopher B. Epps, Mississippi’s commissioner of corrections, in the American Correctional Association. He is president-elect, not president. (Daron Hall is the current president; Mr. Epps takes over in 2013.)

National Occupy in Support of Prisoners Day: Feb 20th

Website: Occupy4Prisoners.org

Read the book by Michelle Alexander: The New Jim Crow: Mass Incarceration in the Age of Colorblindness

Statements from People in Prisons for February 20th – National Occupy in Support of Prisoners Day

From: http://occupy4prisoners.org/statements-from-people-in-prisons/

(Please note that there are more statements being submitted, please continue to check back for more! If you are having an action on February 20th, please feel free to incorporate these statements as part of your program. If you have a statement to submit please send to occupy4prisoners@gmail.com.)

In Respect to the February 20th 2012 Protest
We are With You In Spirit !!!

TO: All Occupy Wall Street Participants

FROM: Pelican Bay Human Rights Movement Hunger Strikers in Solidarity (PHSS)
Sitawa Jamaa, s/n Dewberry C35671; Todd Ashker C58191; Antonio Guillen P81948; and Arturo Castellanos C17275

Corporate Amerika has coalesced its efforts around the exploitation of Human Beings, while using the political apparatus of the U.S. government, federal, state and local to institute policies that set in motion the creation of a corporate police state, which has targeted the poor as a surplus for incarceration and exploitation.

Those of us housed in solitary confinement throughout California and Amerika, support “Occupy Wall Street” and understand the necessity to resist against corporate greed. We will no longer willingly accept the subjugation, oppression and exploitation of Humanity.

Banks and the “prison industrial complex” are corporate empires that prey on the souls of Humanity. Therefore we officially join you all in Struggle.

One Love, One Struggle
Pelican Bay Human Rights Movement
———
Mumia Abu-Jamal
Souls on Ice
(Col.writ. 2/2/23) @’12 Mumia Abu-Jamal

When I heard of the call, just raised in Oakland, California, to “Occupy the Prisons”, I gasped.

It was not an especially radical call, but it was right on time.
For prisons have become a metaphor; the shadow-side, if you will, of America, With oceans of words about freedom, and the reality that the U.S. is the world’s leader of the incarceration industry, its more than time for the focused attention of the Occupy Movement.
It’s past time.

For the U.S. is the world’s largest imprisoner for decades, much wrought by the insidious effects of the so-called ‘drug war’—what I call, “the War on the Poor”.

And, Occupy, now an international movement, certainly has no shortage of prisons to choose from. Every state, every rural district, every hamlet in America has a prison; a place where the Constitution doesn’t exist, and where slavery is all but legalized.

When law professor, Michelle Alexander, took on the topic, her book, the New Jim Crow, took off like hotcakes – selling over 100,000 in just a few months.

And where there are prisons, there is torture; brutal beatings, grave humiliations, perverse censorship–and even murders—all under a legal system that is as blind as that statue which holds aloft a scale, her eyes covered by a frigid fold of cloth.
So, what is Occupy to do?

Initially, it must support movements such as those calling for the freedom of Lakota brother Leonard Peltier, the MOVE veterans of August 8th, 1978, the remaining two members of the Angola 3: Herman Wallace and Albert Woodfox, Sundiata Acoli, Russell “Maroon” Shoatz, and many other brothers and sisters who’ve spent lifetimes in steel and brick hellholes.
But, the Occupy Movement must do more.

As it shifted the discussion and paradigm on economic issues, it must turn the wheel of the so-called ‘Criminal Justice System’ in America, that is in fact, a destructive, counter-productive, annual $69 billion boondoogle of repression, better-known by activists as the Prison-Industrial-Complex.
That means more than a one-day event, no matter how massive or impressive. It means building a mass movement that demands and fights for real change, and eventually abolition of structures that do far more social damage than good.

It means the abolition of solitary confinement, for it is no more than modern-day torture chambers for the poor.

It means the repeal of repressive laws that support such structures.

It means social change—or it means nothing.

So let us begin—Down With the Prison Industrial Complex!
———-
Lynne Stewart
This occupy rally is what Must happen at every jail in the United States–a direct challenge to Arbitrary Power that thinks it can lock up those with the greatest grievances against the system and systematically demonize them to their fellow citizens.

I speak now for all the 2 Million but of course. particularly on behalf of those political prisoners who actively fought and tested this unjust system and now suffer in SHU’s, and other forms of Solitary, for that. Many have been tortured for the last thirty years or more. When they were captured in the heady political days of the ’60s and ’70s, we were convinced that fundamental change was inevitable –indeed that it was right around the corner. It still remains inevitable but now we understand the protracted struggle necessary to breach this evil system.

I for one am recruited to accomplish the freedom of political prisoners and as my comrade Chairman Fred says “FREE ‘EM ALL” !!!
——
Khalfani Malik Khaldun
Greetings:
All power to the people. I am in support/solidarity with your work to expose the contradictions existing at San Quentin prison, and all prisoners across the country.

Please extend my clenched fist salutation to brother Kevin Cooper/those men on death row.

I am a political prisoner here in Indiana. I have been in prison for 26 years now, with 18 years in isolated confinement. I am currently being held in a Secure Housing Unit, where the conditions are cruel and unusual punishment, and there are deplorable violations of state and federal policy all across the unit.

Those in charge have used criminal tactics to keep many of us in perpetual isolation. We could use some organized, principled help here in Indiana. Could you provide me and e-mail or other address of other occupiers in solidarity against prison injustice? We need to organize a force here to Occupy the Indiana SHU. I have some committed supporters…along with others we can move mountains. I agree with Kevin: just never forget us.

Khalfani Malik Khaldun (L. McQuay) #874304, Wabash Valley Correctional Facility
SCU A-1205 PO Box 1111 Carlisle, IN 47834
———
Kevin Cooper

We Dissent – An Occupy Death Row Production

A few of the definitions of the word dissent are: to withhold assent; to differ in opinion; difference of opinion; religious nonconformity; a written statement in which a justice disagrees with the opinion of the majority.

The above word “Dissent” and these few definitions speak in part to what all the different “Occupy Movements” are about.

While they all, each and every one of them, have different thoughts, ideas, tactics, agendas, and people who they represent, they all have, for the most part, “dissented” from what has been going on, and going on for decades, in this world and country.

We all disagree with, and do not want to be part of, the norm anymore! Nor do we want what is considered “normal” to be part of us, because the status quo is outright harming us on all of life’s different levels.

We all are saying in our own unique way that we don’t trust the people who are running the system, just as we don’t trust the system itself.

All across the world, people who don’t eat the same food, or wear the same garb, speak the same language, belong to the same religion or pray to the same named God, if they do pray, are dissenting.

Everywhere, people are standing up and fighting back, and speaking out from under the universal umbrella of humanity. This umbrella provides protection for the oppressed, from the oppressor.

The Occupy Movement as a whole is another form of the universal umbrella for human rights. From within this movement, we dissenters can speak the truth as to how the status quo, the ruler’s agenda, has a negative effect on “We the People” and this one planet we all must live on, and share.
Something must be seriously wrong and it is not us! The system is wrong and it’s has always been wrong and will always be wrong!

Some in the top 1% use their subordinates to ask, “What is it that they want?” Each movement within Occupy may want different things, especially since we all come from different places and have different real life and death experiences.

So while I can’t speak to what any one movement wants per se, I can speak to what all these different occupy movements don’t want.

We don’t want terrorism of any kind, against any people. We don’t want pollution of the air or water and other natural resources that Mother Earth produces; We don’t want a government that uses the mainstream news media to help a President send its people to war based on lies; We don’t want war in any of its forms; We don’t want sexism, racism, classism, or poverty!
We don’t want corruption, the death penalty, the prison industrial complex — either public or private prisons. We don’t want unions to be busted, nor do we want jobs sent overseas to other countries. We don’t want to go without healthcare or a good education. We don’t want police brutality or intimidation of any kind!

These few things mentioned above should go a long way to help people understand that there are two sides to every story, and while many seem to want to focus on just one side… “What is it that they want?” they must now come to terms with some of what we don’twant! If they do, then they will truly understand why we dissent. Everything that we don’t want is a very real part of what is wrong within this country and world, and it is having a very negative affect on the quality and quantity of life of the masses of people—the poor!

All these manmade ills are happening and have happened simply because of greed and the very real fact that the powers that be – They really don’t care about us!
So, we respectfully dissent!
—————
Jane Dorotik, CIW

The 2.3 million individuals that we as a nation incarcerate has become one of the defining qualities of this country of ours. Never before in the history of civilization has a country locked away so many of its own people. Have we as society become so violent, so incorrigible that we must lock away so many? How did we get to this point under the guise of ‘public safety?’

The cost of incarcerating women is immense. The average annual cost to incarcerate a woman is $50,000 and the average cost to incarcerate a woman over 55 is a staggering $138,000. Because of their role as mothers, the costs and consequences go far beyond the criminal justice system. Their children are either raised by other family members or are sent to the state’s foster care system. Children whose parents are incarcerated are 4-5 times more likely to become incarcerated themselves, thus perpetuating the intergenerational incarceration cycle. Since 1991, the number of children with a mother in prison has increased by more than 131% and nationwide more than half of children whose mother are incarcerated are under age 10.

The prison system is a system gone awry, gravely compromised and rampant with abuses. It is a terrifying breeding ground for anger, hatred, sexism, homophobia and dominating exploitation of other human beings. We are warehousing people, punishing them and then returning them to society worse off than when they entered the system. The violence that then comes out of these prisons is a much greater threat to public safety than any foreign terrorist group ever could be.
——–
Krista Funk, Central California Women’s Facility
The bankers are legal racketeers. They are rewarded for their crimes. But the people at the bottom of the 99%, the poor, we are warehoused in the Prison Industrial Complex. They take away our ability to vote once we are inside because that might change the way things are. The rich get richer, the poor give up, and out of desperation they turn on their families and their communities. This cycle has to change!
———–
Herman Wallace # 76759
Elayn Hunt Correction Center,
St. Gabriel, Louisiana

Most all U.S. citizens benefit in some way from the capitalist mode of production, a system that exploits underdeveloped nations as well as 99% of it’s own nation’s people. This creates a vast contradiction that causes much emotional pain.

In 1865, Union Generals admitted to Lincoln that they were on the verge of losing the war and could only turn the tides if Lincoln would free the slaves. Of course, slaves were never freed, it was only the form of slavery practiced in the South that was disrupted, moving from chattel slavery to wage slavery as has been so well documented.

Defy permits to occupy, civil disobedience is a form of struggle, and where there is no struggle, there is no change.

We must strengthen our forces by uniting with the Occupy movement and liberation movements throughout the world in order to disrupt the capitalist mode of production and send capitalism to it’s grave.

Free All Political Prisoners and Prisoners of Consciousness
All Power to the People
Herman Wallace
————-
Robert King
First of all I would like to applaud and salute those in the Occupy movement for focusing on the hideous corruption of corporate America and the effects this corruption has on all of us in the 99%, including the well over two million individuals that fill our detention facilities and their families.

“Being in prison, in solitary was terrible. It was a nightmare. My soul still cries from all that I witnessed and endured. It does more than cry- it mourns, continuously. I saw men so desperate that they ripped prison doors apart, starved and mutilated themselves. It takes every scrap of humanity to stay focused and sane in this environment. The pain and suffering are everywhere, constantly with you. But, it’s was also so much more than that. I had dreams and they were beautiful dreams. I used to look forward to the nights when I could sleep and dream. There’s no describing the day to day assault on your body and your mind and the feelings of hopelessness and despair “

There is far more than a causal relationship between the Occupy Movement and the work so many of you are doing to change the criminal justice system.

The same people who make the laws that favor the bankers, make the laws that fill our prisons and detention centers. We have to continue to make the connection between Wall St. and the prison industrial complex. The growth of the private prison industry is just one symptom of this unholy alliance.

I stand in solidarity with the Occupy 4 Prisoners rally and hope these rallies shed further light on the insidious effects of prisons for profit and politics.
Free all political prisoners and prisoners of conscience,
Robert King
Angola 3
————-
Steve Champion

I want to thank all the participants of Occupy San Quentin for being here today. Thank you for reading my statement.

My name is Steve Champion. I’ve been incarcerated for over 30 years and twenty-nine of those years and counting, have been spent on San Quentin’s death row.

We are living in a critical time in history. There is a global and domestic crisis going on. Our body politics is under siege because it is dominated by crony capitalism and social and economic indifference. We are fast moving toward a bicentric society of “haves” and “have nots.” If we fail to take a strong stand to transform this nation then we can expect an ill forecast for the future.

One of the most powerful unions in the state of California is the Correctional Peace Organization Association (CCPOA). As tuition for students are being raised, schools being shut down, cuts being made in the fields of Education, Social programs, Nurses and other care-givers, everyone is being forced to make a sacrifice. But we don’t hear cuts being made in the salaries of Prison Guards. Why is that? Because the CCPOA (through rigorous lobbying in Sacramento) have the ear of California State Legislators. They make huge campaign contributions to both the Governor and State Legislators. This allows them to peddle influence and get implemented the policies they want in place.

What this ought to tell those of us who are concerned about social justice, prison reform and the abolishment of the death penalty is we have to up the ante of our struggle. If we want to see the eradication of the death penalty and the prison, requires a multifaceted approach. It is not enough for prisoners to struggle on the inside; it is not enough to picket, protest or occupy specific places. Those things are important. But we also need to have a robust voice and seat among the decision makers who shape, influence and create policies that we vehemently oppose. We need to build a grassroots political organization to challenge those in power.

Too often, our social movements are on the defensive. We react as opposed to being proactive and taking initiative on programs we want implemented and policies we want changed. Building a grassroots political organization can facilitate a lot of the fragmentization that exist in our movements by uniting us. It would give focus to our objectives. If we don’t do this, then who? If we don’t do this now, then when?

The one percent who dominate the political and economic system in this country is not an accident. It was carefully planned. They want a government for the one percent and by the one percent, but not by the people.

We have to strengthen and intensify our struggle. We have to become more committed. We have to remember that our struggle isn’t a sprint, but a marathon. What we do today will alter the course of history tomorrow. Thank you.

Long live the struggle.
———
Todd Ashker Letter of January 26, 2012
You all know we’ve been on a “counter propaganda” campaign here since Dec. 09 and much of what myself, Castellano, Sitawa, and Mutope have in mind in our writings about our struggle & resistance 24/7 is in line with our counter propaganda campaign!! Actually, I’d prefer criminal prosecution because 1) I’d be acquitted and 2) the publicity it would garner would be real great for the cause. Now that it’s not a DA referral (I expect due to legislative inquiry), I expect to be railroaded & found guilty administratively (first time guilty of a serious rule violation since Jan 94).

This will be used by the Board of Parole Hearings to issue me a longer parole hearing deferral when I go in Aug 2012 (probably a 7-10 year deferral). It will mean no art material or photos for a year, etc., etc., etc. This bogus CDC 115 RVR should be getting propagated out there as much as possible as well as other CDCR/PBSP dirty shit.

This is where I (and many others) stand on this struggle: For more than 30 years CDCR policy and practice has been “us vs. them” — viewing us as the enemy who they are at war with.

The 1st thing one does in war is propagate against and dehumanize the enemy. For 22+ years PBSP has been propagated as housing “the worst of the worst,” responsible for all the state’s gang problems.

We see it in reverse. CDCR (the prison industrial complex) are the criminals committing multi billions in fraud and many murders each year (law makers and courts are enablers and just as guilty). CDCR is housing us to put money in their pockets. All of which is part of the bigger problems – the class war in this country, the 1% vs. the 99% (the poor v. ultra rich). It’s no longer a “people of color v. white man” issue; it’s a “poor vs. ultra rich” issue. The so-called middle class is long gone.

We’re at war (the poor 99% including the prisoners) and the people in power are scared to death and they should be. Most of us should have been out long ago. A life sentence has never meant “life” until the last 30 years. Most of us are many years beyond our minimum eligible parole dates.
We’re not serving a legally valid sentence anymore. We’re here illegally, immorally, and unethically based on politics and money.

Our supporters need to propagate against the system at every opportunity and tie our struggle to that of the poor and disenfranchised at large.
This is just the start. We plan to force CDCR to open up all the level IV General Populations and spend money on our benefit, such as rehab programs, etc. and force change to sentences and paroles.

Our supporters need to see the system for what is really is and to educate people about it to bring more support in. It’s important to humanize and decriminalize us to the mainstream. Granted we’re “convicted felons,” but we’ve already served above and beyond any form of a valid prison term.
We shouldn’t even be recognizing that these CDCR “criminals” have any power over us. We really should be actively resisting our illegal confinement a lot more and our people outside should be doing so too, with all of our beings, until these “criminals” cut us loose or kill us.

Right now we’re waiting – waiting to get out to these General Population prisons. Then we’ll straighten out the B.S. on them so these people can no longer justify warehousing everyone. Then, we’ll go from there. People need to realize these “criminals” are the real enemy who we’re at war with and act accordingly in a smart way. The time is coming when they will fall and it’s not too far in the future. But we all must stay strong and do our part to make it happen. We need strong outside support. People should not fear nor be intimidated by CDCR’s “crime syndicate” staff. They’re really cowards in truth and need to be forced to get right.
As always, I send my best to all.
In solidarity and with respect,
Todd
———
FROM CCWP WOMEN (Alisha, Veronica, Margarita)

Truth is…

The picture I’m about to paint can only be heard,
so listen closely to every word.

Innocent until proven guilty?
They can’t be serious,
In a system where
Drug dealers get more time
than serial killers,
juveniles get tried as adults,
before they become one.
I guess nobody musta warned’em
about playing with knives and guns.

Guilty by association?
That’s what it’s called
then they get hauled
off to the pen,
where some girls become boyz and some boyz
become women.
Sitting around
unaware of who they are,
wounded while in the belly of the beast.
I call’em invisible scars,
the kind that can’t be healed
by Neosporin and stitches.

Went in walkin’
came out switching.

Could you imagine what it’s like?
Being told that the beginning
is really the end of your life.
3 strikes and you’re out!
Some think it’s a game,
but it’s really outta my hands.
Lord knows, I’m not tryna do life
on installment plans.

Everybody wanna be a part
Of the occupy system,
I need to occupy my life and
find something to do with it,
otherwise it’s useless.

Some may mistake my words as verbally abusive,
But the truth is…

How do we expect our kids to grow
from concrete,
accept defeat,
have to fend for themselves
in cells where it is dark
and hot as hell?
More parents come to see kids in jail
than they do at graduations.
That’s cuz the new diploma
is parole or probation

Fucked up situation
No contender.

“Now I’ll be gone until November”
Listening to a public pretender
telling me to plea
Y?
Cuz I’m young, black, and sell crack in da streets.
Babies committing robbery,
1st degree.

Even with blind eyes
I could see it ain’t cool.
They building prison programs
and tearing down schools.
We all got an opinion
just like we all have a choice.
No one can hear you speak
if you don’t use your voice!

Alisha Coleman, SF County Jail

My name is Veronica Hernandez and I am a 20-year-old young woman that has been incarcerated since I was 16-years-old and tried as an adult at 17-years-old.

Prior to being charged as an adult I was appointed a no-good attorney that couldn’t have cared less about me or the outcome of my case and consequently; had put absolutely no effort into representing me adequately. There are no law libraries or legal services at Juvenile Hall so a juvenile rather it be for better or for worse had literally no choice but to be dependant on his or her court-appointed attorney and trust that him or her will lead them in the right direction. Unfortunately, for me that direction was to adult court where I now face a life sentence should I be convicted.

In California, 16-years-old are eligible to be tried as adults and in some states, the minimum age to be tried as an adult is 13-years-old and in others, there is no age limit at all depending on the nature of the crime. Regardless of the age, juveniles that are tried as adults are subjected to harsher punishments that juvenile court judges lack the power to impose such as life without the possibility of parole or sentences that are so outrageous like “43 to life” or “51 to life” that those sentences might as well be life without the possibility of parole.

Although a juvenile’s right to a hearing before a case can be transferred to adult court was established by Kent V. U.S. (U.S. Sup. Ct. 1966) there are still cases that get transferred to adult court without a hearing at all and that is known as a “direct filing.” The D.A> can file a direct filing on a juvenile that is 14-years-old or older and that contradicts California’s so-called minimum age of 16-years old or older to be eligible at being tried as an adult and a juveniles so-called right to a hearing.

The human mind doesn’t stop developing until the age of 25, so it is ridiculous that a judge can even be given the power to determine that a juvenile can never be rehabilitated and will remain at the same state of mind that the juvenile was in at the time of their crime was committed for the rest of his or her life. Aside from ridiculous…it is outrageous…oppressive…opprobrious…and something that needs to cease…abolish this oppression and give children the chance at life that each and everyone of them deserves.

Veronica Hernandez, SF County Jail
———
My name is Margarita and I’m gonna tell you my story. I ran away from home at 11 years old and fucked up my whole life and career. My dad used to molest me when I was very young. I can remember as far back as age 2. He sure did some foul things to me. I didn’t know any better but he use to tell me if I said anything he would take me off the team. You see I raced downhill snow skiing on the U.S.A. women’s division ski team and I was very good at what I did. My father knew it to so he used that as bait. By molesting me and doing ungodly things to me that father’s wouldn’t dream of doing to their daughters.

I was very active growing up, a tomboy some would say. I raced motorcross, BMX, swimming, dance, karate, etc. I traveled all over for my snow skiing though. I ran away at my last speed skating race when I was 11 ½ years old. My parents were already divorced. I told my mom what Daddy did at age 6. Of course she didn’t believe me so she put cameras in the room and caught him on tape. Back then we wanted it kept quiet. My dad owned the leather factory and growing up in Black Hawk, California would have ruined his name. Anyways, I left and went to Los Angeles, from Los Angeles to Watts, California. At age 13 ½ I caught my first case and was convicted as a young adult; the first female for a 187 at age 14 to be convicted as an adult. I got 15 years to life and did 12 years. I started in Juvie and then transferred to Youth Authority and from Youth Authority to California Institute for Women.

Me and this other inmate caught an escape. We stole the fire truck at CIW and was transferred to Chowchilla. There I did my first stretch of 8 years; 4 in lock-down and 4 on the yard. They tried to give me 3 years more in lock-down for an assault on a C.O. He came into my cell and tried to rape me. So, when I was out in the day room, ironing my pants, I took the iron and hit him over the head with it. I stayed 6 months in confinement. I also had a petition going around letting all the girls sign it cause I wasn’t the first victim he did this to. But he wasn’t gonna keep getting away. I ended up with 560 signatures and he was escorted off the yard and his rights were stripped from him. No longer in the state of California or in the United States can he become a legal Correctional Officer in any federal or state prison.

After that I did my last 4 years at N.C.W.F. Stockton, California. I left Stockton and went straight to Delancy Street where I did 5 years and graduated here in San Francisco. I was sitting on top of the world. I had 2 cars, 2 bank accounts, 3 jobs, doing super good then one day I said, “Fuck it all.” I left my apartment in Oakland with everything I owned, closed both bank accounts and withdrew the money I worked hard at and my savings which was a total of $30,000 dollars. Down the drain. I smoked it, shot it, all that. But thank the lord and knock on wood that I never went back to prison but if I don’t stop and start giving a fuck I will be. I’ll be on the first train smoking. Which now leads me to San Francisco County Jail.

Margarita, SF County Jail
———
Enceno Macy

The Chance to Make a Difference by Enceno Macy With no access allowed to computers or internet, prisoners in this state receive news only via major networks on a few prison-controlled tv channels. We therefore knew little or nothing of the Occupy Wall Street actions until police brutality drew reluctant media coverage. Quietly, many of us cheered. Prisoners are after all the most disenfranchised and voiceless segment of the 99%. Our very survival is totally at the mercy of an industry that makes obscene profits, grossly overcharging a literally captive market for out-dated, condemned food products, factory-reject clothing, expired medicines, and defective, unsalable merchandise. The Occupation has now faded from corporate news, but for a while there I dared to hope they would persist and maybe even score some victories against our corporate masters. I want to cry out now to each of them not to give up, not to blow this chance to make a difference. I was so young I blew my own chance without even knowing I had one, and trying to regain it has been a long, hard journey. The young mind, caught up in self, focuses mostly on the immediate future and the common daily occurrences that directly affect a youth’s current situation. Young people therefore often fail to comprehend the world as a whole. Other countries might as well be other planets, politics and global relations are grown-ups’ business, and things appear generally to be everlasting. Caring, compassion and empathy are often limited to the things and people closest and most familiar to us at the time: our family, friends, possessions and pets. Some kids may grow up more worldly, but the above is what I knew and was at 15 years old: simple and self-absorbed. I came to prison then – back when cell phones were rare and primitive and Palm Pilot was the only hand-held computer.

When I came to jail, Clinton was considered the closest thing to a minority president that we would get. Global warming and peak oil had not become common terms or concerns. Terrorism wasn’t being used to justify conflicts and military campaigns that depleted our debt surplus and contributed to a crashing economy. Our planet wasn’t being murdered as blatantly with countless pollutants in our air and water (or to be honest, I hadn’t noticed). Prison does different things to different people. For some it is a chance to regroup and prepare to try harder to get away with the things that put them in their cage to begin with. Others try to change, try to look at themselves and correct their flaws. Maybe they will seek the help of a church or A.A., or they attempt to exercise will power that they’ve never had. Some with long sentences end up trying to improve their education to advance their character, knowledge and understanding. Having gone through only my ninth grade year (and failing terribly) at the time I fell, it was imperative that I take the path of improvement.

I didn’t have a curriculum, only my mom’s encouragement and support from a few family friends. Often my interest would fade in and out, and I had no specific subject I wanted to learn about. To see my journey clearly, I need to be honest and share my progression and the reasoning behind it. Influenced by my surroundings (see my race article from a year ago), I first got into radical black literature. Growing up on the wrong side of the law, I equated the police and all authority as my enemy, a very basic association with why my life was so hard. The pro-black books I picked up referenced the police under a blanket that included politicians and the government as a whole.

This is where my adolescent anger turned, against “The Man,” or “Them.” That part of my education was generally negative. I think of it now as an old way of thinking, but what it did was open me up to the idea of oppression. From there my perception widened, and I saw that many different races and cultures fall into the category of the oppressed. For a couple of years, I studied many aspects of history and saw how governments always find someone to keep a foot on. I looked at all the attempts to change that had been made, and I saw the changes that were made were mostly for appearances and that things stayed fundamentally the same under the surface: there were always the haves and the have-nots. I was disgusted with people for accepting this, for believing what their government told them, and for how they treated each other.

I saw society as cold, selfish, and unfair. It seemed to me that social reforms and public outcry did nothing to address the true reasons why things were the way they were. I felt America needed a wake-up call – to be reminded of the basics and be brought back to their roots as humans, to be reminded of what it means to need each other. I thought the only true way things could be fixed was by breaking them. I was going to cause a revolution. I was going to build a nuclear bomb. This began my next phase.

I began to research how to build this bomb. My ambition was short-lived, as I discovered how hard it is to get uranium or plutonium. But I uncovered something else that totally changed my way of thought and the direction of my path. Understanding how a nuclear reaction worked introduced me to physics and, in turn, to theoretical physics. It opened my eyes to how big the universe is and how small my various concerns are within it. Studying physics made me think of things below the surface and causes of actions that may be subtle or indirect. I began to relate this to human nature, and to think about the circumstances that led people to think and act the way they do. What happened was that I discovered empathy. I no longer blamed people themselves for what they did and thought, but instead looked to things like upbringing, education and lack of diverse experiences as the cause. I learned that a person may treat another a certain way based on preconceptions of the other person’s style, culture, or race. For example, I ran into a kid early in my sentence who had been taught by his community that black people had special muscles, bones, and blood vessels that whites didn’t have; that’s what made him dislike and fear minorities and gave him a racist outlook. Could I blame him or hate him for what he had been taught? It was hard to see people in this new light. I hadn’t usually felt much sorrow for anything except myself before, but now I felt it for all the people who couldn’t fend for themselves – for babies born into such a deceptive and cruel world, for victims of bullying, for kids brain-washed to believe racist or sexist or political lies. Just when I was having this revelation, 9-11 happened, and this country went to bully a less organized, less advanced country out of their oil and way of life. To me, democracy may not have been the worst form of government, but even if it were the best, forcing it onto a thousands-of-years-old culture without its consent was wrong. To me, it was the same as a father (not unlike the one I’d had) beating his child to correct a flaw and causing far more damage than good. Meanwhile, all around me I saw people every day treat each other with the lowest level of regard and respect over the smallest issues. The mentality in here is to bring others down to build yourself up, and what I saw going on in the world was a horrifying mirror of what goes on in prison. Although I don’t agree with the murders and retain my own doubts about the truth behind 9-11, I look at the official story and ask anyone to think what they might do if they watched someone bully others over and over as the U.S. has done. Would you not wonder when your time will come? Would you not try to appear stronger and more aggressive than you are in order to put off the bully? Each person may differ greatly in opinions about it, but at that time I felt empathy for the alleged attackers’ desperation. I had to be much the same as they, acting stronger than I was so as not to fall victim to the gangs and predators that are the top of the food chain in here.

People in prison have plenty of time to think. Fundamentally, all we are doing is waiting – waiting to get out and begin to resume a life, or waiting to die. This is not living. The only part you might consider living is the mind, but for many lost souls, not only is their mind not living or even existing, it may already be dead. I kept mine alive by reading and learning, tried to keep up on headlines and the alternative versions of events that my mom would send me from the internet. While I have been waiting, my mind has brooded on how things could change. Hope for change is not enough. Too often hope is mistakenly used as a crutch by people who do not know what to do – not an excuse, but an unconscious substitute for taking things into their own hands.

By no means do I refer to someone ill hoping to live or someone with a life sentence hoping to get out. No, I mean a voter who votes for an asshole and hopes he will change things for the better. Then when the elected party fails to deliver on his promises, the voter keeps on hoping instead of demanding changes or taking assertive action. That isn’t hope, it’s delusion, the kind of delusion that feeds chronic gamblers. I am thirty years old and have never been allowed to vote. Maybe because it’s forbidden I have a warped view of what voting is: either a cruel joke or something people ought to take a lot more seriously.

Either way, I have serious doubts about the process, because necessary changes won’t be made through elections, which are too easily rigged by money. So when they ask, I encourage people to find out what they can do and then go and do it. Don’t wait for rigged elections or for others to lead you. Complaining of an injustice will do nothing to solve it or make it right: channel your anger or grief into doing what you can do, without dwelling on what you can’t. Otherwise, you may just be contributing to the problem. Outside the wire, many people take for granted the resources made available to them every day. They fill their cars with gas and complain about its prices, but never think of how many people died in order to power their vehicles. They get frustrated that wildfires, hurricanes, and tornadoes devastate their property and disrupt their lives, but reject the concept of global warming. Whether they want to believe the idea or not, what happened to the old saying, “Better safe than sorry?” Wouldn’t it be reasonable to avoid non-biodegradable products, shrink their carbon footprint, and use less fossil fuel and more recycled materials rather than contribute to the possibility that climate change is real? I have sat or lain awake many nights pondering how detached humans are from their connection to the earth. The slumbering breath of my cellmate is a background of white noise to visions of hunger and illness and suffering all over the world. As a youth I did not see my connection to the suffering.

I used to get down on myself for not being able to make any difference and for not having the discipline to do the few things I could do to help. But no one is perfect, as we all know. I came to understand that what I was capable of doing and what I could afford to do were two different things, and that I have to act within the confines of my situation. I am not rich or free. I have little control over what items I can recycle. I can not go door to door with petitions advocating change. For other reasons, you also may not be able to afford the time or resources, either, but doing what is possible, however small, may help you sleep better at night – maybe not totally at peace, but at least with a shred of satisfaction. To keep a goal of change always in mind, a person has to truly care about an issue or cause. Initial rage may die out – a product of the moment. Think of something like the devastation of Hurricane Katrina. Do you remember how sad you felt? Or how much you hoped FEMA would be able to help? Do you still care as much as you did at first? If so, there are still plenty of victims in need of assistance. If you truly care and want to help, you might spend part of your next vacation helping build and repair houses in New Orleans. Just because those people’s sufferings are no longer in the news doesn’t mean they stopped existing or stopped needing what we can do. That’s just one example, illustrating how important it is to remember what caused us to feel concerned and want to take action – and to stick to it even after the issue fades from the news. There is blessing not only in being helped but in being able and willing to provide that help. You are lucky if you have the chance to make a difference, because some of us don’t have that opportunity. My many progressions and transformations, too numerous to mention, came from educating myself. Once I understood my connection to the things I saw wrong in the world, I looked for changes I could make to help. Efficient energy use is something I now think about daily, and the disaster of the tsunami in Sri Lanka inspired me deeply to want to be trained in search and rescue operations. I wanted so badly to go over there and save lives, even if it was just filling sand bags. Today it’s hard for anyone to help, as the economy shrinks, the jobless rate is higher than any time since the Great Depression, and people are losing their homes right and left.

I know even more things will hinder me in the uphill battle I face with my impending release because so many obstacles face ex-cons: Although our rules and laws are now officially colorblind, they operate to discriminate in a grossly disproportionate fashion. Through the war on drugs and the “get tough” movement, millions of poor people, overwhelmingly poor people of color, have been swept into our nation’s prisons and jails, branded criminals and felons . . . and then are ushered into a permanent second-class status, where they’re stripped of the many rights supposedly won in the civil rights movement, like the right to vote, the right to serve on juries, and the right to be free of legal discrimination in employment, housing, access to education and public benefits.

I am far from the kid who wanted to build a bomb, and though I have a voice from in here, I cannot make the difference that I want to, which is sad and frustrating at this point. My goal now is to equip myself with the knowledge and strength to be able to fight for a cause when the time comes. What would happen, I wonder, if just one relative or friend of every prisoner and ex-con in the U.S. got together in an Occupy event? That would be more than 2.2 million people – enough to have an impact, maybe? When that seems impossible, I tell myself over and over again what I wish I could tell the Occupiers:

whatever differences you try to make, there will be those who oppose you and tell you your goals are impossible. Don’t let them stop you no matter how powerful they are or how futile it may seem. Giving up makes all your efforts – and others’ – worthless. If you’re passionate enough and determined enough, you may find the satisfaction and peace I mentioned earlier.

Prison not only confines, it also limits my choices, so the differences I can make are few. But thanks to Planet Waves, I do have a voice, and maybe convincing others who can make a difference is the best action we can take. In some cases it takes only a single voice to change everything. The world is not ours, we are borrowing it from future generations. The only meaningful pursuit is to find something outside of ourselves to care about: to love the world and everything in it as the gift that it is.
———
Sean Swain

Occupy, Liberate, De-Colonize: A Statement for Occupy Columbus from Prison by Sean Swain

In 2007, in a published interview I observed that if Ohio prisoners simply laid on their bunks for 30 days, the system would collapse. I wasn’t talking about just the prison system, but Ohio’s entire economy.

I came to that conclusion because I recognized that 50,000 [Ohio] prisoners work for pennies per day making the food, taking out the trash, mopping the floors. We produce parts for Honda and other multi-nationals at Ohio Penal Industries (OPI), making millions of dollars in profit for the State. If we stopped participating in our own oppression, the State would have to hire workers at union-scale wages to make our food, take out the trash, and mop the floors; slave labor for Honda and others would cease.

Ohio would lose millions of dollars a day in production. The State’s economy would not recover for a decade.

When I made that observation, I didn’t know for certain that I was right. I suspected I was. But more than a year later, prison officials came to get me. My cell was plastered with crime tape. All of the fixtures, including lights, sink, and toilet, were removed and inspected, something that I haven’t seen happen in 20 years of captivity. I was taken to segregation and slated for transfer to super-max.

The reason? My observation in a year-old published interview, that Ohio’s economy would collapse without prison labor. That’s when I knew my observation was right. The enemy confirmed it.

I eventually avoided super-max because friends and supporters made enough noise, but I am now on a Security Threat Group list even though I have never been part of any organization, and my incoming mail is screened.
I share all of this in order to underscore how seriously and irrationally terrified the state is about the possibility of anyone awakening the prisoner population to its own power. The state is hysterically shit-their-pants petrified of an organized prisoner resistance, the way plantation owners feared a slave uprising.

I was subjected to repression in 2008. Since then, the situation for the State has become even more dire. Given austerity cuts and privatization of a few prisons, the guard-to-prisoner ratio has drastically dropped, leading to more disruption in the standard prison operations. On top of that, the Kasich administration’s efforts to bust public workers’ unions, though a failure, has destroyed morale of guards and staff, the majority of whom now only care about collecting their pay checks. With each downturn in the economy, the prison system takes more essential services from prisoners- from medical to food to clothes -and thereby increases hostility and resentment of the prisoner population.

With very little effort, very little money, and a great deal of advanced planning, Ohio’s prison population could be inspired to completely disrupt the operation of the entire prison complex. If such a disruption were to occur, it would cause more than the economic collapse of the State that I already discussed. Such a disruption would ultimately seize from the State the power the power to punish. This would pose more than a simple political problem for the government: in such a scenario, it loses all power to enforce its edicts and impose itself; the government ceases to be the government.

Such a development would be a great benefit to the Occupy Movement. While Occupy directly challenges the crapitalist system, it must be remembered that the global crapitalist Matrix uses governments as factory managers. If you protest private bankers, you get beaten by public cops. Given the recent bail-outs, the public trust is nothing more than a corporate slush-fund. It is nearly impossible in this blackwater-enron out-source era to tell where governments end and corporations begin- and vice-versa.

The prison complex is an essential component to the larger crapitalist Matrix. If an Occupy-prisoner collaboration in Ohio could take the prison system out of the enemy’s control- if the Occupation could expand to the prisons -we can collectively create a prototype for the larger movement to replicate, building momentum that collapses prison complex after prison complex, paralyzing state government after state government, spreading like a computer virus, liberating and de-colonizing the most-essential and intimidating bulwark against freedom the empire relies upon: the prisons.
For those of you who are part of the 99% but don’t really want to identify with this segment of the 99% and object to the possibly causing all of these criminals to go free, I remind you: The most hardened and irremediable criminals, the most ruthless killers and rapists, currently run the Fortune 500; they dictate US foreign policy; they drive cars emblazoned with “To Protect and To Serve”. You serve the agenda of those criminals if you turn your back on these “criminals.” Without us, you’re not the 99%. If my math is right, without us, you’re only about 94%.
This 5% is only waiting for the invitation. You can let your enemy keep his slaves and possibly defeat you over time, or you can liberate his slaves and defeat him quickly. To me, it’s a no-brainer. It’s a matter of actually living up to what you present to be– something your enemy has never done.

We’re still waiting for that invitation.
——
William Noguera

Orange County Superior Court Department 39
Friday, January 29th, 1988 – in open court:

“William Adolf Noguera, it is the judgement and sentence of this court that for the offense of murder, you shall suffer the death penalty. Said penalty to be inflicted within the walls of the State Prison at San Quentin, California in the manner prescribed by law and at a time to be fixed by this Court in a warrant of execution; it is the order of this court that you shall be put to death by the administration of lethal gas. Said penalty to be inflicted within the walls of the State Prison at San Quentin, California. You are remanded to the care, custody and control of the sheriff of Orange County to be by him delivered to the warden of the State Penitentiary at San Quentin, California within 10 days from this date. In witness whereof, i have hereunto set my hand as judge of said Superior Court and have caused the seal of the said Court to be affixed hereto. Done in open Court this 29th day of January, 1988. Signed, Robert R. Fitzgerald, Judge of the Superior Court of the State of California, in and for the County of Orange. Good luck to you, Mr. Noguera.”

That sentence was read to me over a quarter of a century ago and I remember it as if it were yesterday. I remember thinking;

I feel like one,
who treads alone
Some banquet hall deserted
whose lights are fled
whose garlands dead
and all but departed”

I was alone, but something inside of me came to life…at that exact second. Since then, I have become an author and artist whose work has transcended these walls and given me a voice not easily silenced.

For this, I thank each and everyone of you who has come out today and let me know I am not alone and that my voice, even in the middle of a storm, can be heard…

I continue on because of you and because the hearts tally of the griefs I have undergone from childhood upwards, old and new, and now more than ever, for I have never not had some new sorrow, some fresh affliction to fight against…

In Solidarity

William A. Noguera

Leonard Peltier Statement
Monday, February 6, 2012

http://lpdoc.blogspot.com/2012/02/06-february-anniversary-message-from.html

06 February Anniversary Message from Leonard Peltier
Greetings to my relations, my friends, and to my many supporters the world over.

It is that time again. Another year has passed, and on February 6th I will be marking 36 years since my arrest. During all this time, my family and allies have discovered just how far the government will go to wrongfully convict and imprison someone they know is innocent. They do this as a message­first to Indians, and further to anyone who might stand up to injustice­as if to say, “We will do as we please”.

From the day of my arrest until now, through you my supporters, I have been honored with many activist and humanitarian awards. I thank you for keeping awareness of me and my case alive. Your commitment has really been a special experience for me.

In addition many celebrities, political figures, and organizations have called for my release, including 55 members of Congress. This last November, the National Congress of American Indians (NCAI) passed a permanent resolution calling for my release. Well let’s hope its not that permanent. The NCAI has committed to being directly involved with my case so that the message from Washington to Indian people does not remain, “We will do as we please”.

Still, despite all this attention and with all the leaders and people of conscience calling for my release, I have been kept in this iron cage. They have even kept me longer than their own laws say they can. With evidence corroborating that I did not receive a fair trial, with proof of government misconduct, with admissions by government officials that they do not know who killed those two agents that day at the Jumping Bull property, here I sit. “We will do as we please.”

Recently, as many of you know, an act was passed and signed into law that allows for indefinite detention of American citizens without charge or trial. This is perhaps the final straw, the final nail in the coffin of American freedom, the end of habeas corpus and due process. “We will do as we please.”

We Indians said it for generations: If they can kill us indiscriminately, they will do it to anyone. If they can take our land, they will do it to anyone. If they can kidnap our children and take them to prison schools, they will do it to anyone. If they can starve us and lie to us, they will do it to anyone. If they can wrongfully imprison us, they will do it to anyone. Now, sadly, this is another Indian prophecy fulfilled. “We will do as we please.”

Our ancestors and tribal people all over the world prophesized a time of upheaval and great change. I believe that time is fast approaching. I believe a part of this is the government’s ongoing overreach of its authority­until the people rise up and tell Washington, “You will NOT do as you please! We are NOT your slaves! We will NOT be subjugated! We will NOT be ruled by an iron fist! We will NOT allow you to steal our liberty or our justice!”

My friends, my relatives, my supporters­Be a part of this latest, perhaps the last “Indian uprising”. Make your voice heard! Be a part of the brave Movement to come, the Movement that will change the course of human history. Make change and hope and peace and justice a part of your personal legacy. Be the change that you envision and know in your heart must take place.

Do this, and on the day you take your last breath and prepare to meet Creator, you will know your life on this Earth was well spent. Close your eyes knowing you used your breath and energy to Creator’s good purpose. Smile as you cross over knowing you changed the world so that the next seven generations can know a good life. Do these things and know that I am with you. I will embrace you as my relations­in this life or the next.
Mitakuye Oyasin.
In the Spirit of Crazy Horse,
Leonard Peltier
——-
Gerardo Hernandez

On behalf of the Cuban 5 we send you our solidarity on this the National Occupy Day in Support of Prisoners. We know first hand about the injustice inherent in the US judicial system. In our case we are serving long sentences for defending our country against terrorist attacks by monitoring groups whose whole existence is to carry out violent acts against Cuba. It is our hope that what you are doing today will bring attention to the plight of those behind bars and help bring about a more humane society that provides jobs, housing, education and opportunity instead of incarceration.
A big embrace to you all
Venceremos!
Gerardo Hernandez
Victorville Penetentiary

http://occupy4prisoners.org/statements-from-people-in-prisons/