A Message from Bomani Shakur (Keith LaMar) from Ohio’s death row about injustice, racism, and getting on with life

5 September 2015

Hello everybody:

Well, I finally received and read the court’s decision. What can I say? It’s so blatantly bogus that it’s almost impossible to form words to describe how I feel. It’s tragic. I mean, I’ve read the State’s theory quite a few times over the years, and I’ve refuted it every step of the way. But to now have it stand as the final word on the matter is a real slap in the face (to say the least). This system is such a joke, and these people, with their fancy titles and fancy robes, are nothing but a bunch of racist idiots with power—a power that they don’t deserve. And I’m expected to continue this charade by filing this or that motion, writing to this or that person, as if appealing to these people’s supposed conscience really means something beyond reducing me to a sniveling fool. I’m done with that. I’m done pleading and begging for my body, as if “my life” is something that they can truly take. My life is the sum total of all the thoughts and feelings that reside inside my mind, and they can never touch that.

We’ve given these people (?) way too much power over us, entrusted them with too much that is too precious, only to have them use, abuse and confuse us over and over again.

Why? Why do we continue to believe in this dream, this lie that we live in a post-racial society that recognizes only human beings? When will we ever wake up and see that all they have ever done is hide what’s real by revealing what’s false? I mean, contradiction after contradiction, and we swallow it all. Why? And this is how we’re expected to live our whole lives: watching little boys get gunned down at the playground for playing with toy guns—and no one is held accountable. How is that justice? A man standing on the sidewalk selling cigarettes (in the richest country in the world, no less) is murdered in broad daylight, on video, for everyone to see—and still no one is held accountable. And I’m supposed to be shocked and surprised that I lost my appeal?

Let’s get real. They’ve been killing niggers for centuries around here—hanging ‘em, burying ‘em, tar and feathering ‘em. . .  And ain’t I just a nigger, a THING? No? Well, tell that to the Supreme Court who, in 1875, declared that Dred Scott could not sue for his freedom because HE WAS NOT A PERSON, BUT PROPERTY. Better yet, tell it to Eric Garner’s family who, instead of receiving justice for their loss, were given a bag full of money to bury their grief, as if he was some kind of farm animal.

Make no mistake: when it comes to the so-called “justice system” in this country, we’re still stuck in the 1800s; the only thing that has changed is the vantage point from which we view what we choose to see. So look closely, adjust your scope, and you’ll see the tree and the rope. They’re still hanging niggers in America!

Over 100 of you showed up at my oral arguments last December and saw with your own eyes how ridiculous this whole thing is; the State couldn’t defend what they did. Many of you left with an optimistic feeling, believing that there was no way such a mockery could be rewarded with a victory. I feel your pain. It’s the same pain I felt after the blindfold was ripped from my eyes twenty years ago when a man, testifying at my trial, got on the stand and claimed to have had microscopic microchips embedded in his brain. There’s no way a jury is going to find me guilty of this, I told myself. But find me guilty they did—and then they sentenced me to death! Believe me, I know what it means to be disillusioned. Indeed, for the past twenty years, I’ve watched the so-called “wheel of justice” roll over my rights while my alleged attorneys have done nothing but sit back and collect a fee to auction off my life. Trust me, this whole process has been nothing but a sham.

Case in point: Three weeks after oral arguments were heard in my case, the Sixth Circuit Court of Appeals ruled on another case in which the principal issue, once again, revolved around the withholding of exculpatory (favorable) evidence. In this case, a Mr. Darryl Gumm admitted to the kidnapping, attempted rape, and murder of a ten-year-old boy. However, since the State neglected to divulge to Mr. Gumm’s attorneys that other suspects—two of whom reportedly confessed to the murder—were initially pursued, Mr. Gumm was granted relief. He was also granted relief on the grounds of prosecutorial misconduct, after the prosecutor improperly elicited testimony from Mr. Gumm’s ex-roommate who testified that he (Mr. Gumm) “fucked a horse” that belonged to the roommate’s family.

Now, I think we can all agree that there’s nothing more deplorable than the rape and murder of a 10-year-old child (to say nothing of the horse!)—and yet, in reviewing his claims, the Sixth Circuit, notwithstanding Mr. Gumm’s confession, was correct in granting him relief since the State violated his Constitutional rights by not turning over evidence that contradicted their theory of events. This is the exact same thing the prosecution did in my case (and worse), and I, likewise, should have received relief. In fact, not only did Mr. Gumm and I have the same issue, but we had the same attorney, the same federal judge, and appealed to the same court (I wish I was making this stuff up).

On his initial appeal to the Ohio Supreme Court, Mr. Gumm’s convictions were upheld (as were mine), after which an appeal was filed in federal court. Here, Mr. Gumm was appointed an attorney named Kate McGarry (as was I), who diligently pursued his claims, even after his sentence was reduced to life imprisonment with the possibility of parole. Chief Magistrate Michael Mertz  (same judge as I) presided over the case and recommended that Mr. Gumm receive relief. The State appealed to the Sixth Circuit, who ultimately upheld the District Court’s decision to grant relief to Mr. Gumm.

I present this case and its particulars, not to judge or castigate Mr. Gumm (obviously, he’s a very sick man), but to illustrate the arbitrary and capricious (and racist!) way in which “justice” is meted out in this country, and why the death penalty cannot be administered fairly.

Unlike Mr. Gumm, I never confessed to any crime; indeed, when the State offered me a deal, I rejected it outright and demanded a trial. I said it then, and I say it now: I didn’t kill anybody during the riot. But instead of turning over evidence that would help prove my innocence, the State played a game of mix and match, mixing random witness names with random excerpts of statements, and then told me to figure it out on my own. They never attempted to treat me fairly.

In 2007, when I was called back for an evidentiary hearing, I was allowed, through my attorneys, to put Lead Prosecutor Mark Piepmeier on the stand. He was the one who had fashioned the guidelines by which exculpatory evidence was turned over. Therefore, getting him on the stand was pivotal in proving that I was deprived of my right to due process. Under examination, he admitted that he had devised a Brady scheme that was decidedly narrow; to wit, in order for a statement to be viewed as favorable to my defense the witness had to “specifically exclude” me as a suspect.

In other words, if a witness came forward and claimed to have seen one of the murders, his statement was not viewed as exculpatory unless he specifically stated, “By the way, Keith LaMar wasn’t there.” This is crazy. Why would anybody, testifying to what they saw, think it necessary to specifically exclude me if they didn’t see me? And if they didn’t see me, how could they automatically assume I was a suspect? It didn’t make sense—unless, of course, the whole purpose behind narrowing the qualifications was to stifle and hinder the defense.

Because of what Piepmeier revealed on the stand at my evidentiary hearing, attorneys representing other prisoners who were sentenced to death after the riot (S.A. Hasan and George Skatzes) were able to convince the court to put their clients’ cases on hold while they combed the prosecutor’s files to determine for themselves what exactly was wrongfully withheld—and whether or not it was exculpatory.

It was the only fair and reasonable solution to circumvent the preposterous provisions that were established by the State (note: this all happened in 2011, over four years ago, and their cases are still on hold!). But when I asked my attorney, Kate McGarry, to file the necessary motions that would put my case on hold and allow me to go back and review the files, she refused (after initially giving me her word that she would). Why?

To put it plainly: racism. Kate McGarry is a racist. That’s the real reason why she didn’t diligently pursue my claims, and why I lost my appeal. I mean, how else to explain it? A white man admits to the kidnapping, attempted rape, and murder of a ten-year-old boy, and she goes above and beyond to protect his rights. Meanwhile, I’m swinging in the wind, strung up in a tree of lies.

About being a racist, I’m sure Kate would vehemently deny such an accusation. But racists very seldom acknowledge that they are racist. Once, while engaged in casual conversation, Kate broached the subject of Trayvon Martin’s death, wanting to know what I thought about it. I told her point-blank that it was racist bullshit.

“How can you justify killing a teenage boy who’s walking home drinking pop, eating Skittles?” I asked. She went on to explain George Zimmerman’s side, as if there was a plausible excuse for why he did what he did. That was the first time I saw it.

On another occasion, I asked Kate about a Senate bill that was being proposed in Arizona, having to do with improperly stopping suspected illegal immigrants. I wanted to know if she was in favor of something that would effectively violate the rights of large groups of Mexicans. She said something to the effect that, “those people enjoy our freedoms, but they don’t want to pay taxes. . .” She went on to tell me about a time when she was having one of her houses built and suspected that there were a few “undocumented workers” on the site.

“Did you go out and stop production? “ I asked.

“Oh, no, I didn’t do that,” she replied, without the slightest sense of hypocrisy in being willing to benefit from their cheap labor while at the same time denying them the right to live as human beings.

Imagine what it felt like coming to the realization that I was being represented by a racist. And before I’m accused of singling Kate out, let me be clear: this whole process was steeped in racism, from the strategic selection of the all-white jury to the hand-picked racist judge that presided over my trial. And that’s the true truth.

So, here I am, standing on the other side of a very long and treacherous journey. What now? In thinking about what to do with what remains of my time, I think it’s important to turn my attention to the movement to abolish the death penalty. Indeed, if we are ever going to move beyond the 1800s, we have to end this barbaric practice of State-sanctioned murder.

There will be a 7-day Walk to Stop Executions (October 4-10) from the Death House in Lucasville to the State House in Columbus to show opposition to capital punishment, and I want to encourage all of you who are able to come out and show your support. We have to stop this thing, and only we—standing together!—can do it. So please show your support. You can find more information at: http://walkagainstthedeathpenalty.footprintsforpeace.net.

In addition to that, I intend to increase my efforts to reach out to at-risk youth. I’ve had several opportunities to phone in to juvenile detention centers and talk with groups of young men who’re at the beginning of this road, and it’s been a very meaningful exchange. I want to double my efforts there and get them some books that’ll teach them about what it means to be alive. A very good book called “Between the World and Me” (Ta-Nehisi Coates) just came out, and I want to get as many copies as possible into juvenile detention centers.  It’s a powerful piece, written to the author’s 15-year-old son about the perils of inhabiting a black body in a racist country.

To raise money to purchase the books, I’m putting up for auction one of the paintings I recently finished, a piece I’m calling “Chillin’ on Green Court,” a reference to the projects where I spent most of my formative years.  It took me 117 hours to complete, and I’m hoping you all will support me in my desire to get some books in to these young people. They need our help. The auction can be found online at Ebay through September 25th at: http://csr.ebay.com/sell/success.jsf?itemid=121760895747&mode=AddItem&draftId=483016342002

I also intend to resume writing my own manuscript. While awaiting the decision, I found it hard to concentrate on writing, which is why I took up painting. Now that the federal court has said what it has to say, I need to get back to my life. I refuse to allow these people, and this situation, to distract me from my purpose. They put me in this madness to make an example out of me, to show other rebellious souls what they’ll do to them if they resist. They tried to break me, to strip me of my strength and rob me of my smile, all so that they could parade me around as a warning to others. But, look! I’m still standing! I’m still smiling! I’m still fighting!

It ain’t over,

Signature of Bomani Shakur (Keith LaMar) Keith LaMar (Bomani Shakur) summer 2015 KeithLamar's mile 2015 KeithLamar with friends 2015   Bomani Shakur

New Film Sheds Light on Lucasville Prison Uprising Cases:

Ohio: Walk to Stop Executions!

From the website: Walk Against the Death Penalty:

On Sunday October 4, 2015, abolitionists from Ohio and beyond will begin a 7 day 83 mile walk from the Lucasville prison where death row inmates are executed to the Statehouse in Columbus calling for an end to capital punishment as proposed in two bills pending in the House and Senate. 

Those unable to participate in the full walk can join the final two hour leg in Columbus on Saturday, October 10, the World Day Against the Death Penalty, or attend the 12 noon rally at Trinity Episcopal Church, 125 E. Broad St. across from the Capitol.  

Keynote speakers include OJPC director David Singleton and two murder victim family members Sam Reese Sheppard, and OTSE President Melinda Dawson.

Nevada Department of Corrections Director Greg Cox quits

This is from the Las Vegas Review Journal, Sept 14th, 2015:
By Wesley Juhl and Sandra Chereb

Embattled Nevada Department of Corrections Director Greg Cox resigned abruptly Monday under unknown circumstances.

Gov. Brian Sandoval said in a statement he accepted Cox’s resignation and appointed E.K. McDaniel to serve as interim director of the department, which has come under scrutiny for use-of-force issues leading to inmate injuries and one prisoner fatality.

“I would like to thank Greg for his service to our state and I appreciate his hard work serving the people of Nevada,” Sandoval said.

No reason was given for the Cox’s resignation, but John Witherow, head of the NV Cure prison reform organization, has a laundry list of problems with the way the department treats inmates.

“I don’t know why he resigned, but I suspect it was his inability to control his subordinates,” he said.

NV Cure had met with Cox to discuss retaliation against prisoners who file formal grievances against the department. Witherow said Cox told him he would not tolerate that kind of treatment.

“The retaliation did not, in fact, stop. It increased,” Witherow said.

Cox’s resignation follows months of high-profile conflicts at Nevada prisons, beginning with a fatal inmate shooting in November at High Desert State Prison, just outside of Las Vegas, that wasn’t revealed until four months later when the Review-Journal discovered the Clark County coroner’s office had ruled it a homicide.

Inmate Carlos Manuel Perez, 28, died Nov. 12, 2014. [link added by NV Cure] A second inmate, Andrew Arevalo, was injured.

More recently, seven inmates were injured in August at Warm Springs Correctional Center in Carson City when a fight broke out during dinner and guards opened fire with rubber pellets. One inmate who was not identified was flown to a Reno hospital, though details of his injuries remain undisclosed.

In July, three inmates suffered minor injuries when guards fired rounds to break up a fight at Lovelock Correctional Center. One inmate at Ely State Prison was taken to a hospital in Las Vegas in April after he was shot by a guard during a fight. Eight other inmates were injured.

Cox’s resignation came the night before he was expected to present the findings from a study on the department’s use of force at Tuesday’s Board of State Prison Commissioners in Carson City. The prison board, comprised of the governor, Attorney General Adam Laxalt and Secretary of State Barbara Cegavske, requested the study at the last meeting after Perez’s death led to controversy.

On Monday, an unnamed spokesman for the department told the Review-Journal “there is no final report as of yet” in the study conducted by the Association of State Correctional Administrators.

Read the rest here.

Prisoners report on San Quentin health crisis: Legionella outbreak prompts water shutdown

From the SF Bay View:

September 9, 2015

by Kevin D. Sawyer 

On the 10th anniversary of Hurricane Katrina, government officials and first responders continue to lack the ability to plan for emergency situations.

San Quentin State Prison, California’s oldest prison, is still on a virtual lockdown – or “modified program” – as normal programs for all inmates have ceased since Thursday, Aug. 27, 2015, after “one confirmed case of Legionnaires’ disease” was discovered, Warden Ron Davis’ Aug. 27 bulletin said.

“They (San Quentin and the California Department of Corrections and Rehabilitation) knew this was coming,” said Charles Reece (D-06522). “The first of the month they said they were going to shut down the water to clean the pipes.”

In the afternoon of Aug. 27, prison officials placed yellow “Caution” tape and signs on drinking fountains on the prison’s Lower Yard. “Don’t Drink the Water,” the signs said.

Later that afternoon the prison administration ordered a mandatory institutional recall of all inmates directing them to return to their cells inside of their re­spective housing units.

Inmates said prison officials and medical staff had prior knowledge of the spread of Legionella symptoms, suspecting there is a health emergency brewing.

“If this has been going on since Monday (Aug. 24) how come all of a sudden Thursday it’s coming out?” queried Elliott Beverly (K-42353).

On Friday, Aug. 28, the prison would not allow inmates to shower due to the Legionella outbreak.

Because of the drought emergency declared by Gov. Brown earlier this year, inmates at San Quentin have already been limited to three showers a week.

“I think it’s a Machiavellian trick on the CDCR’s part to curb water use,” said Steven Haden (P-32966). “I can’t do my normal body functions to live. I’m a human being. I can’t shut down like a machine.”

“They shut the water off at 8:00 p.m. last night (Aug. 27) and said they were going to bring us bottled water,” said Reace.

“Effective immediately, all water at the facility is non-potable pending testing of our water sources,” the warden’s bulletin said.

On Thursday evening in West Block, officers announced over the public address system that they would do hourly cell unlocks for inmates who need to use the bathroom.

“The process they’re using now is totally barbaric,” said Terry Slaughter (C-89387). “The prison (officials) failed to have a proper back-up system for this prison.”

According to the California Code of Regulations (Title 15, Division 3, § 3301, Emergency Operations Plan), “Each warden must have in effect at all times an Emergency Operations Plan, approved by the Emergency Planning and Management Unit, to assist in the preparations for response to and recovery from ‘All Hazards’ incidents.”

Qadree Birch (J-53333) works in the prison kitchen. He said he was not allowed to use the bathroom in the middle of the night, “Nor did they supply us any water, but they want us to go to work.” He said he was in his cell for 16 hours with the water turned off and the flushing mechanism disabled on the toilet, “without warning.”

“For inside the institution, all water will be shut off to the housing units,” the warden’s bulletin said. “For staff and inmates, bottled water and secondary water resources will be deployed throughout the institution for consumption.”

Inmates in West Block have been receiving secondary water that is trucked in and stored inside of a temporary water tank on the Lower Yard. Twenty-four hours after the warden’s bulletin was issued, no inmate had received bottled water. As of Monday, Aug. 31, West Block inmates still have not received bottled water.

Read the rest here.

CA Prisoners Win Historic Gains with Settlement Against Solitary Confinement

Posted on September 1, 2015 by prisonerhungerstrikesolidarity

Agreement reached in Ashker v. Brown ends indeterminate long-term solitary confinement in CA, among other gains for prisoners

FOR IMMEDIATE RELEASE – September 1, 2015
Prisoner Hunger Strike Solidarity Coalition

Oakland – Today, California prisoners locked in isolation achieved a groundbreaking legal victory in their ongoing struggle against the use of solitary confinement. A settlement was reached in the federal class action suit Ashker v. Brown, originally filed in 2012, effectively ending indefinite long-term solitary confinement, and greatly limiting the prison administration’s ability to use the practice, widely seen as a form of torture. The lawsuit was brought on behalf of prisoners held in Pelican Bay State Prison’s infamous Security Housing Units (SHU) for more than 10 years, where they spend 23 hours a day or more in their cells with little to no access to family visits, outdoor time, or any kind of programming.

“From the historic prisoner-led hunger strikes of 2011 and 2013, to the work of families, loved ones, and advocate, this settlement is a direct result of our grassroots organizing, both inside and outside prison walls,” said Dolores Canales of California Families Against Solitary Confinement (CFASC), and mother of a prisoner in Pelican Bay. “This legal victory is huge, but is not the end of our fight – it will only make the struggle against solitary and imprisonment everywhere stronger.” The 2011 and 2013 hunger strikes gained widespread international attention that for the first time in recent years put solitary confinement under mainstream scrutiny.

Currently, many prisoners are in solitary because of their “status” – having been associated with political ideologies or gang affiliation. However, this settlement does away with the status-based system, leaving solitary as an option only in cases of serious behavioral rule violations. Furthermore, the settlement limits the amount of time a prisoner may be held in solitary, and sets a two year Step-Down Program for the release of current solitary prisoners into the prison general population.

It is estimated that between 1,500 and 2,000 prisoners will be released from SHU within one year of this settlement. A higher security general population unit will be created for a small number of cases where people have been in SHU for more than 10 years and have a recent serious rule violation.

“Despite the repeated attempts by the prison regime to break the prisoners’ strength, they have remained unified in this fight,” said Marie Levin of CFASC and sister of a prisoner representative named in the lawsuit. “The Agreement to End Hostilities and the unity of the prisoners are crucial to this victory, and will continue to play a significant role in their ongoing struggle.”

The Agreement to End Hostilities is an historic document put out by prisoner representatives in Pelican Bay in 2012 calling on all prisoners to build unity and cease hostilities between racial groups.

Prisoner representatives and their legal counsel will regularly meet with California Department of Corrections and Rehabilitation officials as well as with Federal Magistrate Judge Nandor Vadas, who is tasked with overseeing the reforms, to insure that the settlement terms are being implemented.

“Without the hunger strikes and without the Agreement to End Hostilities to bring California’s prisoners together and commit to risking their lives— by being willing to die for their cause by starving for 60 days, we would not have this settlement today,” said Anne Weills of Siegel and Yee, co-counsel in the case. “It will improve the living conditions for thousands of men and women and no longer have them languishing for decades in the hole at Pelican Bay.”

“This victory was achieved by the efforts of people in prison, their families and loved ones, lawyers, and outside supporters,” said the prisoners represented in the settlement in a joint statement. “We celebrate this victory while at the same time, we recognize that achieving our goal of fundamentally transforming the criminal justice system and stopping the practice of warehousing people in prison will be a protracted struggle.”

Legal co-counsel in the case includes California Prison Focus, Siegel & Yee, Legal Services for Prisoners with Children, Weil Gotshal & Manges LLP, Chistensen O’Connor Johnson Kindness PLLC, and the Law Offices of Charles Carbone. The lead counsel is the Center for Constitutional Rights. The judge in the case is Judge Claudia Wilken in the United States District Court for the Northern District of California.

A rally and press conference are set for 12pm in front of the Elihu M Harris State Building in Oakland, which will be livestreamed at http://livestre.am/5bsWO.

The settlement can be read on CCR’s website, along with a summary. CCR has also put up downloadable clips of the plaintiffs’ depositions here.

Black Prisoners’ Lives Matter: The Dallas 6 Blow the Whistle on the Inside

Monday, 24 August 2015 00:00By Shandre Delaney, Truthout | Op-Ed

There is a common thread that connects human rights struggles today. Take a look around the world and what do you see? You see militarized police officers committing violence against the poor and oppressed, being given a pat on the back by the court system. Under tyranny, it is all too common that whenever an officer of the law commits unwarranted acts of violence against civilians, it seems the justice system covers up the officer’s criminal acts and even justifies those acts. In the streets of America, people who protest government corruption and police brutality are met with violence by pepper spray, baton beatings or false charges of riot and disorderly conduct. Behind the walls of prison cells, we are subject to the same network of tyranny, that whenever prisoners come together to protest official abuse, we are also met with the same violence and false charges by court officials. If you have the audacity to speak out against brutality, tyrants will do anything to silence you.  – Carrington Keys (Dallas 6)

On April 29, 2010, six prisoners in solitary confinement at SCI Dallas in Dallas, Pennsylvania, decided that enough was enough. Collectively, they are known as theDallas 6. One of them is my son.

The Dallas 6 are jailhouse lawyers who fight injustice within prison walls and share information with the outside. They came to be seen as political prisoners through their actions as jailhouse lawyers, activists and whistleblowers. This caused them to be held in solitary indefinitely, where they were starved, beaten and outright tortured. Between the six, they served from 10 to 20 years in solitary, and one of them is still in solitary.

After being subjected to starvation, brutal beatings, food tampering, witnessing beatings, the guard-assisted suicide of one prisoner and the torture of another, they covered their solitary cell windows and politely requested outside intervention. They wanted access to public officials and media. They wanted the public to know that human rights were being violated on a critical level. They wanted the public to know that their lives were in danger for being whistleblowers. I started advocating on behalf of my son but became more involved as I found that his abuse was not isolated. So many other prisoners in solitary were being abused.

These men submitted affidavits detailing abuses in the report “Institutionalized Cruelty” by the Human Rights Coalition and were featured in “Resistance and Retaliation.” When guards discovered the report, they carried out a weeklong rampage of brutality and promised the Dallas 6 they were next. Immediately after the incident, the men were separated and transferred. My son, Carrington Keys, filed a lawsuit in Luzerne County court against then-District Attorney Jackie Musto Carrol for ignoring the abuses happening at SCI Dallas. He had written her about them, and she neither responded nor investigated. The state police also were aware of complaints; they neither responded nor investigated.

Months later, in an effort to cover up officers’ crimes and in retaliation, the Pennsylvania Department of Corrections, Jackie Musto Carrol and the state police worked together to file riot charges against the Dallas 6. These charges were clearly bogus because it is impossible for men in solitary confinement to riot, given the legal definition of riot:

A person is guilty of riot, a felony of the third degree, if he participates with two or more others in a course of disorderly conduct:

(1) with intent to commit or facilitate the commission of a felony or misdemeanor;

(2) with intent to prevent or coerce official action; or

(3) when the actor or any other participant to the knowledge of the actor uses or plans to use a firearm or other deadly weapon.

The Dallas 6 are being charged with riot under subcategory 2 of the definition above. The charges were filed following a news article detailing the lawsuit against the district attorney.

It confuses many how peaceful men, in individual cells – unable to substantially interact with each other – can be charged with riot. There was no disorderly conduct, there was no violence and there was no assembling. Disorderly actions and violence were carried out by guards assembled in riot gear, who entered the cells of the six unarmed men one by one. They were brutally attacked with shock shields, batons, teargas and pepper spray. The case was pushed through the courts on the basis that covering up your cell windows coerces official action. Therefore, even though the guards were the perpetrators of violence, the state charges that the Dallas 6 brought about this official action of brutality themselves.

Read the rest here.

CDCR allegedly creates new types of solitary confinement cells, applying double jeopardy

From a letter sent on Aug. 14, 2015:

I’m writing to you about a new disciplinary building that’s been implemented here and at other prisons. It is known as a C-Status building.
It’s both similar and yet different from the Hole, or SHU.

This new program was implemented this year and cdcr are putting inmates in here based on how many 115s we get. The criteria is having two “Serious” 115s* (this could be for phone possession, dirty drug test, fighting, ANY Division offense really), or one Serious and two Administrative 115s, within a 6 month period.

The problem with this is if staff doesn’t like you, they can and will find something to write us up on, and it’s like we are being punished twice.

We have to deal with the disposition/punishment from the 115 (loss of yard, loss of phone, canteen, appliances, visits, etc), and then if we have two write ups, they convene a Commitee hearing (the captain, CC1, and CC2), label us as ‘program failures’ and we get put in the C-Status building for on average 5 months.

Once in the C Status building, our TVs, hot pots, fans, watches, radios, shavers, anything electronic is taken from us, as well as musical instruments, and we’re told to either send it home or donate it, but they will not store it for us. For recreation, we are only given one hour in the concrete yard at the same time every day.

The Title15 says they are only supposed to take away entertainment appliances, but they are going beyond that. They do not allow us to go to the law library (only paging), or go to any religious services.

Many of us have appealed via 602, but they have been screening out every one. We are essentially being punished twice, the first punishment being from the 115, and then by committee putting us in here, sometimes months after the original 115 disposition.

There are approximately 44 cells that have been appropriated in 8-Block (all of the cells in B and C section) to be used to house inmates placed on ‘C-Status’ by the disciplinary lieutenants and/or ‘C/C’ placement (Privilege Group & Work Group), by prison officials at a Committee hearing (which consists of the facility Captain, CC1 Counselor, and CC2 Counselor).

Since the implementation of this new punishment, prison officials have been on a grind to fill up these cells. And they have done just that; almost all 44 cells (double occupancy) have been filled up. And these are only with the inmates on this yard, C-yard.

There is a huge disparity in the treatment and ‘program’ we receive compared to those inmates that get sent to Ad-Seg and SHU’s. They have more privileges than us and they are often placed there for way more serious offenses, such as possession of weapons, distributing/possessing drugs, battery and assault on staff or inmates, etc. And these Ad-Seg inmates are allowed to have their TV’s, and new arrivals to Ad-Seg are even given radios to use temporarily. Even more important, they are [in theory] allowed access to the law library twice a week.

But for many of us we’re put on C/C for petty offenses, and once here we are not allowed to go to the law library or any religious service programs.
Being denied access to the law library and its resources is a huge obstacle to those with active appeals and court cases. It’s denying us with one of our fundamental rights to have access to law materials and the courts.

CSP-Sac officials have ignored the Title-15, and often make and impose changes arbitrarily. For example, since when is a hotpot, fan, or wrist watch considered an ‘entertainment appliance’, which they have and thus will not allow us to have them. However, according to the Title-15, the only property we’re not allowed to have while on C/C or C-Status, are ‘entertainment appliances’ (TVs, radios, and musical instruments).

We are being subjected to worse treatment and denied programs, and for many of us these are for petty offenses. All of us have already been found guilty and punished once already for the 115, but now if we have two 115 write-up’s within 6 months of each other, we get punished twice by being put in this shit-hole of a disciplinary building, often for up to 5-6 months. This is double jeopardy at its finest.

*=Rules Violation Reports, see 3310-3326 of CDCR Title 15 rules book