As I sit writing this, Lt. Deward Demoss passes my cell making segregation rounds. Further down the tier he exchanges words with another prisoner, then yells down to two unit guards, “Make sure Cell 118 doesn’t eat today.” “Yessir,” they both chime in. Such is the abusive impunity here in the Texas Department of Criminal Justice’s (TDCJ) Estelle 2 Unit (E2U). In fact, guards’ summarily denying prisoners meals in this manner is so routine, there’s a nickname for it here. It’s called “jacking trays.” And that’s the least of it.
I’ve not seen conditions such as exist here in E2U in a long while. The level of abuse is on a par with conditions I described in the autobiographical section of my book that once existed in the segregation unit of Virginia’s Greensville Correctional Center, where guards had a literal license to brutalize and abuse prisoners in the most extreme ways. And these conditions are not accidental.
In fact it’s been made quite clear that I’m here in Texas in direct response to my having brought undesired public scrutiny to Oregon’s and Virginia’s prisons through a series of critical articles and reports about conditions in their prison systems and having sued Oregon Department of Corrections (ODOC) officials in a recently initiated federal lawsuit.
Indeed, one of my claims in that case was based in part on ODOC officials threatening that if I began litigating against and circulating critical writings about them, I’d find myself permanently in the hole and/or sent to another prison system where I’d be made to suffer much worse than in Oregon. And true to those threats, and only six days before the date on which the federal court had ordered ODOC officials, including its director, to appear and answer in my lawsuit, I was hustled off to the TDJC.
This is an account of what I’ve experienced and witnessed in just a couple of weeks here, which can only be described as Cowboy Justice – as lawless as the Wild West. It is also an appeal to public support and activism.
Welcome to Texas
The above mentioned threats were initially made when I first arrived in Oregon from Virginia in February 2012. Then on May 22, 2013, I was told by ODOC Lt. Kenneth Neff, one of the defendants in my lawsuit, that plans were indeed in motion to transfer me to another prison system where things would definitely be worse. I documented his statement.
On June 14, 2013, I was awakened early in the morning, chained up, and put on a plane bound for Texas. With the exception of only a tiny box of items I was allowed to hurriedly select, all my belongings were left behind in Oregon.
The entire transfer was a setup.
The TDCJ was chosen not in spite – but because – of the fact that I had long dreadlocks and their rule of allowing no exceptions for them, not for religious reasons or otherwise. I was told as much by TDCJ Lt. L. Evans, who presided over the premeditated scheme to shave my head by force, which they knew I’d resist and came prepared.
On arriving in Texas on that June afternoon, I was taken by prison van from the airfield to the Byrd Unit (BU), which is the TDCJ’s intake and orientation prison, where all new admissions to TDCJ are received for orientation, testing, processing etc., which takes about 60 days. I didn’t last five hours.
When I arrived in Oregon in 2012, I went through a similar institution but was given an exception to their haircut requirements upon an ODOC chaplain’s confirmation that my hair was grown for spiritual reasons. No such consideration was given at BU.
On entering the BU I went through the routine procedure of a strip search and was then handcuffed to a thick belt secured at my waist, rendering my arms and hands immobile. I was also leg shackled. This was done in preparation for forcibly cutting my hair and neutralizing my ability to physically resist, of which I was then oblivious.
Then came the ultimatum: My hair had to be cut, either by consent or force. They presented it as though my submission under threat of force was actually an exercise of free choice on my part. Yet when powerless people do the same, it’s a crime: robbery, rape, extortion etc. I protested my spiritual rights.
I had none, they replied. Then appeared a group of riot armored guards from hiding around a corner. By choice or by force, they repeated. Although it was a futile gesture, I was resigned to resist. So, against my limited struggles, I was strapped down to a gurney, held down by the armed mob, and had my head and face shaved completely bald.
This constituted the first act of lawless law-enforcement I was to experience or witness in the TDJC. I was outraged, violated in the extreme. Even more so when I found later that the TDJC does in fact allow exceptions to their haircut rule, specifically for Native Americans – which, where other spiritual orientations are not afforded the same consideration, is unlawful discrimination.
My resistance and outrage against the physical attack and forced haircut was then used to justify transferring me from BU – without undergoing the required 60 days processing and orientation process – to the filthy solitary confinement E2U prison. I’d only remained at BU for about four hours.
The welcoming ain’t over
When I arrived at E2U, I was met at the van by yet another mob of riot-armored guards. This group was primed for a more straightforward violent attack, which I verbally noted for the record. A female guard, Mildred Dickie, was initially filming my E2U entry on a portable audio-video camera.
A notoriously abusive E2U guard. Carlos Applewhite, physically moved a smaller guard who was originally standing beside me holding my right arm, took up his position, and repeatedly told me to shut up. Which I ignored and pointed out was both hostile and unprofessional.
I was taken to a holding cell and strip searched by Applewhite with Dickie filming and observing, which I protested as an unconstitutional cross-gender strip search. Applewhite then applied handcuffs – behind my back – and shackles, the latter so tightly I could barely stand or walk, which I also protested. The camera was deactivated at that point and Applewhite barked that I’d either walk or be dragged.
I was limped along by the mob to an office where I was instructed to sit in a chair. The door was closed and the armored group stood just outside of it.
Inside the office with me were B2U Assistant Warden Wayne Brewer, Major David Forrest and Capt. James A. McKee. Brewer was the only one dressed in civilian street clothes, so I inquired of him who he was. He responded, “You shut up, motherfucker, I’m doing the talking!” Then, as if on cue, Forrest and McKee rushed me and proceeded to manually choke and repeatedly hit me in the head and face while Brewer ran a stream of threats and verbal abuse past me, promising he’d break me or kill me. I was told then and repeatedly since that I am now in Texas where prison officials do simply as they please – and get away with it. Period. I replied, when I could breathe, that I wasn’t impressed nor intimidated, and to get on with whatever they had in mind.
When they got tired and saw they were getting nowhere, I was kicked out of the office and taken by the armored group to a filthy cell, which was to be my new TDCJ abode.
The cell I was put into is situated directly in front of another prisoner’s cell, Edward Long, 579657, who was just the day before viciously beaten by Applewhite while he was handcuffed behind his back. The evidence of the attack was blatant: a black ring around his left eye, a laceration along the side of his right eye held closed with sutures tape, a badly bruised face and back, and a grotesquely swollen mouth.
Furthermore, Applewhite routinely goes to Long’s cell to boast and taunt him, admitting how he “beat the shit out of” Long until he lay in a puddle of blood. Under the peculiar conditions of prison, guards actually convince themselves that beating handcuffed prisoners and mob attacking individual prisoners in groups of five or more using gas, body armor and other weapons, are accomplished acts of bravery to boast about and take pride in, instead of pure cowardice on a par with mob rape and large adults who beat small children who by nature and circumstance are at a decided disadvantage.
Applewhite also frequently threatens others with the same, and he and other E2U guards constantly act to provoke situations to speciously justify uses of force in general and cell extractions in particular, which consist of a group of guards with weapons and body armor invading the cell of an individual prisoner by force, whom they invariably beat once restrained.
Here in E2U multitudes of prisoners attest to being victims of beatings by guards. Although there are surveillance cameras throughout the unit, guards typically take prisoners into “blind spots” like offices, closets, elevators etc. where cameras are absent and beat them. During cell extractions they simply turn off or don’t train the audio-video cameras on the prisoner, while kicks and punches are thrown and his head is slammed onto the concrete floor or steel fixtures in the cells, and guards use their bodies to block the cameras.
But in many cases, as with Long, guards beat prisoners openly in video-surveilled areas and video footage is either “lost,” recorded over, ignored, or it’s claimed the use of force wasn’t captured on film.
E2U’s primitive conditions
On top of the rampant physical abuse, living conditions in E2U are barbaric. The unit is infested with roaches which are routinely found in our food or crawling on one while he is sleeping or just sitting still. And guards serve and handle our meals in the most unsanitary manner. Thermoses of juice and stacks of trays are served on the lids of wheeled trashcans. The trays are also routinely set on the filthy unit floor during service.
Guards never wash their hands, never wear head coverings and almost never wear gloves. Trays and beverages are set inside of roach-infested and contaminated metal boxes that are affixed to the outside of the cell doors, in which flies and roaches nest and rush to get at the food served and spilled inside the boxes.
Guards also go cell to cell handling the filthy locks, chains and latches to open and close the boxes as they handle and serve the food, trays and beverages. The boxes are never cleaned, and we must also put all items passed into and out of the cells into them, including shoes, dirty linen, worn clothing, such as during searches performed each time we leave the cell.
Should one protest these conditions, he’s almost certain to get “jacked” for his tray.
The cells each have internal showers which frequently leak, causing standing water to remain on the cell floors. The shower drain frequently stops or backs up, and smells of raw sewage. There is no air conditioning, no windows at all. The vents are clogged with debris.
And in addition to the intense Texas summer heat and humidity, the cells remain damp due to lack of air circulation and steam from the shower, which never completely evaporates from the cells. The floor and walls are covered with mildew, and black mold spots the ceilings. The cells reek of mildew.
We are never given cleaning supplies such as toilet brushes, sponges, cloths, brooms, mops, disinfectants etc. The only cleaning supply we receive is a tiny bit of scouring powder once a week.
Prisoners with obvious mental and emotional illnesses scream, rant, bang and argue at fever pitch day and night. Many obviously suffering the effects of living under E2U’s solitary confinement conditions for years on end.
Guards at their whim destroy and trash prisoners’ personal property. Often when they are out of the cell, guards simply enter them and throw items out as trash, especially that of prisoners who challenge them through complaints or in the courts.
This is also done as routine summary retaliation against prisoners who dare speak out against or otherwise challenge abusive guards and conditions. My own address book, a number of pre-posted mailing envelopes and other items I brought with me from Oregon that were inventoried by ODOC officials when I left on June 14 were stolen by TDCJ Officials, evidenced by their exclusion from the inventory made of the same sealed box of property when I got here to Texas.
Meals are grossly inadequate nutritionally, with only half the prescribed meal portions served and entire courses not provided at all at nearly every meal. One literally receives one third the amount of food on the trays at E2U compared with what I received in the ODOC. And the ODOC strictly calculated meal portions and calorie counts to ensure that prisoners receive exactly or just above 2,500 calories per day, which is the legal minimum daily calorie intake for a sedentary adult.
No desserts are served – neither pastries nor fruits – although they factor into calculating daily minimum calorie intake. No condiments are given with the unseasoned meals – neither salt, sugar etc. – which also denies basic minerals. All prisoners whom I’ve spoken to on the subject in E2U suffer the continuous torture of constant hunger pangs.
Many who’ve been confined here for some time explain that food portions and quality have been cut to the extreme by the TDCJ to save money in the face of budget cuts, because of mismanagement of food supplies – prisoner workers in E2U contend that officials steal supplies of food – and to induce prisoners to conform their behavior to officials’ will to achieve privileged statuses in E2U on which they can purchase food and condiments from the commissary. Food is thus used as punishment, behavior modification and a scheme to generate money through commissary sales.
Due no process of law
Although I was never oriented into nor notified of the TDCJ’s rules and procedures, I received three disciplinary charges stemming from my resisting the forced haircut of June 14. On June 18 E2U counselor Staci Crowley came to my assigned cell to notify me of the charges and determine if I wanted to attend the hearings, which I told her I did. I only later found after she’d left that she lied, indicating I refused to attend the hearing. McKee presided as the hearings officer and found me guilty in my absence and without the benefit of my being able to present any defense.
McKee then turned around and presided over deciding my security housing committee hearing and had me assigned to administrative segregation based on his own corrupt guilty findings on the three charges. At the next committee hearing, Forrest, my other assailant, followed suit.
And as I said, guards flaunt their abusive impunity. When I was taken out to my first committee hearing on June 19, Sgt. Bret Wuellner and guard Venson Williams Jr. held me facing a wall standing outside the office where the hearing was to be conducted – the very same office in which I was attacked on June 14.
Another prisoner was in the office being “heard.” As he was being “escorted” from the office by several guards, Wuellner remarked, “Damn, what happened to his face?” The prisoner’s face was swollen and bruised – the obvious result of a recent beating.
Also, as I’d stood waiting for his hearing to conclude, another prisoner was “held” awaiting a hearing, sitting in a wheelchair approximately 10 feet from me. He too showed obvious facial injuries resulting from a beating. Concerning this prisoner, Wuellner remarked to Williams that he’d suffered his injuries – including being wheelchair-bound – in a “cell entry.”
Wuellner took this as an opportunity to tell me that here in Texas I was in for a “rude awakening.” He asked if in Virginia I’d ever had guards “put hands” on me. When I only gave him a blank look in response, Williams added, “Take it from a Black man: They do what they want here,” speaking of the ranking white TDCJ officials, “and get away with it.” Williams is a Black guard; Wuellner is white.
To Williams’ remark I couldn’t resist responding that the pathetic thing about him and others like him is he recognizes yet goes along with it. He replied, almost apologetically, “It’s just a job and I’m not going to be here long anyway.” He proved, however, on June 28 in his participation in the brutal assault of another Black prisoner in conspiracy with Wuellner, that he is as much party to the abuse as the most racist of TDCJ officials.
Since being at E2U, I’ve been confronted repeatedly with such obvious ploys as Wuellner’s and Williams’, calculated to intimidate me on the one hand and provoke me on the other. Indeed, this has been the basis of this entire TDCJ experience: to intimidate and provoke.
Indeed, since June 14, and on Brewer’s instructions, I’ve been subjected to frequent strip and cell searches every 30 minutes to two hours every day, around the clock, even during sleeping hours. This began as soon as I was assigned to E2U, following the office assault.
On the second occasion that I was confronted for such a search on that evening, by Sgt. Kyle Nash and two other guards, I questioned the basis and legality of the searches. Their response was to tell me they were frequently searching me “because we can” and used my questioning them as an excuse to attempt to escalate the situation to where force would be justified.
Nash summoned Lt. Patrick Eady to the cell, who stated outright that they were going to “do this the hard way,” and I’m “not going to like it.” He told the guards to “go suit up,” i.e., put on riot armor, and that he wanted them to take me into the back of the cell and “beat on” me. I’d never refused to submit to the search, only questioned it, so when they returned in riot armor, I went through the strip search, was handcuffed behind and brought out of the cell.
At that point, I narrated all that had occurred and Eady’s stated intentions for an audio-video camera that was present and presumably recording. I also stated my need to see medical staff for injuries to my face and throat resulting from the assault on me in the office. Following the search, I was taken inside the cell – out of view of the camera – laid on the floor in back of the cell and hit and kicked in the face and head, which I narrated for the camera to pick up.
On June 15, 2013, I hand delivered a sick call request to a nurse Kathy Burrow to be seen for my injuries which was logged in on June 16 but not acted on within 72 hours as required by TDCJ policy – obviously to cover up my injuries and allow a passage of time for them to heal. I was not seen until two weeks later and only because of outside protest of my situation after I’d managed to get word out.
In obvious response to outside pressure, an investigation was staged, beginning long after the fact of the June 14 assaults and my complaints. First, I was seen by a nurse on June 27, who merely looked into my mouth and ears with a light, and gave me several aspirin. The following day I was brought out to see TDCJ Dr. Bobby Vincent, then TDCJ investigator D. Morris.
Just before being brought out of the cell, E2U Lt. Ashley Anderson came to my cell to tell me, in friendly tones, that Brewer had just informed him that he’d decided to end the frequent strip and cell searches he’d had me on since June 14. How convenient – just when I was about to be brought out to see a doctor and speak to an investigator about abuses, including the office assault which he’d arranged.
The doctor, himself a TDCJ employee, seemed more inclined to minimize the remnants of my injuries than to treat me. He admitted the only reason he was seeing me was because of complaints about my being assaulted. He claimed to find only “the slightest swelling” to my left jaw and not to feel a prominent bony protrusion on the right side of my throat, which even a layman can feel right now and recognize it to be abnormal and not present on the left side. No care was given.
I was then taken into an office to speak with the investigator Morris – again, the same office where I was assaulted. The “interview” was also attended by Capt. Lawrence L. Dawson, Sgt. Tracy D. Puckett and guard Carlos Amaya Jr. under the guise of providing security but obviously to pick up and pass on what all was said.
I provided a statement about the abuses I’d experienced and the conditions in E2U and emphasized several times that I requested a polygraph examination concerning the abuses and that those who’d assaulted me should be asked to submit to the same – which I know they’d decline – since whatever they said in reply to my complaints would obviously be given preferential consideration by any TDCJ “investigator,” not only because they’re officials and coworkers, but because they are among the highest ranking in the prison.
And this was a case that would prove quite embarrassing to TDCJ’s highest officials, since it would show the abuses are not mere deviant misbehaviors of low-level rogue guards but rather permissive abuse that runs to the highest administrative levels.
The entire force of an “investigation,” however, is as always staged for damage control and seldom provides any meaningful outcome, except only in cases where there is sustained and broad public outrage. And again, only enough is done to pacify that protest. It’s then back to business as usual. In fact, what Morris seemed most concerned about was whether I intend to sue the TDCJ over the abuses.
Still outta control
On that very same day that I spoke to Morris, yet another brutal assault was staged on a prisoner in E2U, involving Wuellner, Williams and the guard Amaya, who’d sat in on and listened attentively to my statement about the assaults on me, from which they obviously took pointers. The assaulted prisoner remains in the hospital as I write this.
I personally witnessed the setup.
The victim, Joe Laws, 553289, is one of the few E2U prisoners who’s refused to be terrorized by E2U guards. As a result of his resistance to their abuses, the guards both fear and hate him. Given this dynamic, an attack of the sort staged on June 28 was inevitable.
Laws allegedly had a run-in with guards earlier that morning. No immediate response followed, obviously because the investigator from the TDCJ director’s office, D. Morris, was at the prison. Also, the guards who attacked Laws used the exact same tactic to assault Laws as I’d explained to Morris that Eady had guards use on me on June 14 inside the cell. Only in Laws’ case they went to the extreme.
The guards who participated in the Laws assault were Amaya, a guard named Smith (believably Nathaniel Smith), Cody Gonzalez, Williams and one other – either Gregory Shipman or Michael Lewis – all of whom were “suited up” in riot armor. They were supervised by Wuellner, and guard Jalisa R. Jackson was operating the portable audio-video camera. When force is used, the guard with the camera is to film the prisoner at all times. However, as the guard did with me on June 14, Jackson stood far off to the side of the cell so the camera would not film activity inside the cell once the guards took Laws into the back of it.
Just 30 minutes before their shift was set to go off at 6 p.m., these guards confronted Laws in body armor for a staged cell search, in pretended response to the altercation that happened almost 12 hours earlier. Following a strip search, Laws was brought out and stood against the wall outside the cell while the cell search was enacted. Jackson “alerted” Wuellner the video camera was not working.
The riot armored guards then took Laws into the back of the cell and laid him face down on the floor, whereupon they acted to remove the handcuffs and back out of the cell in an orderly retreat. At that point Wuellner announced loudly that should Laws try to rise from the floor, force would be used.
Laws never tried to get up. Wuellner told the guards to “get him,” then announced with feigned excitement that Laws tried to rise, was “resisting.” On Wuellner’s cue, the guards rushed back into the cell and began beating and kicking Laws in the head and face. Smith was doing so with steel-toed boots.
The entire wing of prisoners witnessed the attack by sight and/or sound, and many began in outrage to kick their cell doors and yell at the guards in protest. Laws was beaten at length, following which the guards then retreated from the cell and hastily shut the door.
Wuellner then pretended to try and take photographs of Laws on a digital camera as TDCJ policy requires whenever force is used on a prisoner. However he quickly announced the battery was dead so the required still photos couldn’t be taken. Laws was left in the cell bleeding profusely from the head and face.
Their dirty work done, the group of guards left the wing to go home, it being the end of their shift and they being set to have the next four days off.
No nurses nor other medical staff are present in E2U from 6 p.m. to 6 a.m. – a gross legal violation – so their attack was also timed to occur when no medical staff would be on hand to examine Laws, as is also required whenever force is used. The next shift was left to pick up the pieces.
Laws suffered a large gash in back of his head, the result of being kicked by Smith with steel-toed boots, several of his teeth were knocked out while others were driven up into his gums, a gash inside his mouth, a fractured jaw, his eye swollen closed, and other injuries.
As I collected the facts on everything, it took numerous prisoners kicking and banging on their cell doors and becoming primed to create havoc to get unit Sgts. Shelby Rayfield and Dustin Harkness to the wing and Laws taken to the hospital, where he has remained for several days. Guards who took him out confirmed he’d lost teeth and others were disfigured, he had over a dozen staples put in back of his head, his jaw was broken etc.
The attack on Laws was obvious retaliation and timed and conducted so as to minimize on-the-spot evidence of a beating and the extent of his consequent injuries. This entire “cover-up” was so amateurish as to be pointless, which only reflects how little these guards worry about consequences for abuse and how free they are of any sort of meaningful administrative oversight, beyond mere formalities.
In fact, as my own case demonstrates, E2U administrators themselves engage in just the same abuses. That couldn’t occur unless that clearance is given all the way up to the level of TDCJ Executive Director Brad Livingston and Texas Gov. Rick Perry, which is exactly where the lawless executives of Texas take their cues.
In footnotes to this article I will cite the multitude of federal laws – the highest law of the land – violated by the conditions and abuses described throughout this article, demonstrating the genuinely “lawless” character of the Texas officials behind them, whose duty is foremost to defend, apply and “enforce” those very laws, so one cannot mistake the authority of these people or their institutions as anything but illegal and illegitimate.
And it reveals the hypocrisy of U.S. officials when they denounce other governments as dictatorial and terroristic for doing much the same and even less than what’s been done on U.S. soil to U.S. citizens by the U.S. government. Prisoners in Texas’ E2U need as much public support as possible. And it must be broad-based and sustained. Because what’s happening to us on the inside is fated for those on the outside as Amerika becomes more and more overtly a police state and laws become less and less a restraint on official impunity.
Dare to struggle! Dare to win!
All power to the people!
Rashid Johnson, a longtime prisoner in Virginia who was transferred last year to Oregon and recently to Texas, has been held in segregation since 1993. While in prison he founded the New Afrikan Black Panther Party – Prison Chapter. As a writer, Rashid has been compared to George Jackson, and he is also the artist who drew the image that became the icon of the California hunger strikes. His book, “Defying the Tomb,” with a foreword by Russell “Maroon” Shoats and afterword by Sundiata Acoli, can be ordered at leftwingbooks.net, by writing to Kersplebedeb, CP 63560, CCCP Van Horne, Montreal, Quebec, Canada H3W 3H8, or by emailing email@example.com. Send our brother some love and light: Kevin Johnson, 1859887, Clements Unit, 9601 Spur 591, Amarillo, TX 79107.
by Karl Kerspebedeb
Since his article “The Texas Department of Cowboy Justice: A case of lawless law enforcement” was written, Kevin “Rashid” Johnson has been transferred yet again, this time to the Clements Unit in Amarillo, Texas.
Supporters had been calling on Texas officials to remove Rashid from Estelle, a unit with a documented history of staff violence and impunity. (Besides Rashid’s aforementioned article, see the recent piece on Truthout: “Beatings and Threats: Odyssey of a Prisoner-Advocate, From Virginia to Texas” at http://www.truth-out.org/speakout/item/18167-beatings-and-threats-odyssey-of-a-prisoner-advocate-from-virginia-to-texas.)
Yet while Rashid is now out of reach of the guards who abused him at Estelle, any impression that this is a “victory” will likely prove illusory. Rashid himself has written in a recent letter to supporters, “To the extent that you all’s hassling them prompted this transfer, I’m thankful – although from what I’m told, conditions here are no better than at the Estelle Unit.”
While we wait to see what happens at Clements, our priority at this point is that Rashid regain access to his personal belongings.
When he was transferred from Oregon to Texas in June, some 41 boxes of personal belongings were supposed to follow. Any property that the Texas Department of Criminal Justice was unwilling to allow Rashid to have was supposed to be transferred to the Virginia Department of Corrections.
Furthermore, Rashid was supposed to receive his legal documents that he requires for his lawsuit against the Oregon Department of Corrections. So far none of this has been done, and Rashid is increasingly concerned about what has happened to his property – literally, everything he owns in the world.
Please telephone Virginia Interstate Compact Coordinator Terry Glenn at (804) 887-7866 and ask why Kevin Johnson, VDOC No. 1007485, has not yet received any of his property. It has been two months since Rashid was transferred from Oregon, and if he does not get his property soon, this will directly impact his ability to conduct his lawsuit against the Oregon Department of Corrections.
For more information, see the website rashidmod.com.
Write Rashid at his new address: Kevin Johnson, 1859887, Clements Unit, 9601 Spur 591, Amarillo, TX 79107. Make sure a first and last name are clearly printed in the return address section of the envelope or your mail will be returned.
From: Hawaii News Now, Nov 24th 2012
By: Keoki Kerr
SUGUARO, Arizona (HawaiiNewsNow) —
A Honolulu lawyer who represents about 70 Hawaii inmates at an Arizona prison said officials there routinely harass and retaliate against some of those inmates for bringing complaints about their treatment behind bars.
Hawaii inmates at Saguaro Correctional Center in Arizona often use the phone to talk to their Hawaii-based attorneys, such as Myles Breiner.
But he said officials at the prison routinely listen to the prisoners’ side of the conversations and take notes on their contents, a violation of attorney-client privilege.
“Inmates, as a result, are intimidated. They are reluctant to discuss anything over the phone,” Breiner said. “Our clients are told, ‘Why do you need that lawyer? You don’t need that lawyer. We can help you without that attorney.'”
Breiner said Saguaro inmates who file complaints about abuse by guards, improper medical attention and other problems with staff are retaliated against with unfair misconduct violations, which can make them ineligible to get parole.
“Inmates who are pursuing litigation have a disproportionate number of misconducts filed against them by the facility,” Breiner said.
A spokesman for Corrections Corporation of America, the private company that owns the prison where Hawaii houses more than 1,600 of its inmates, released a statement responding to some of Breiner’s allegations.
“CCA takes the safety and dignity of the inmates entrusted to our care very seriously,” said Steven Owen, senior director of public affairs for the prison company. “We have a zero-tolerance policy for any form of retaliation and take any such allegations very seriously.”
Owen said the Saguaro Correctional Center has a “robust grievance process” that inmates can use to voice concerns or complaints, and he said the prison encourages them to do so.
But Breiner has other complaints.
“The warden has a habit of referring to me as ‘That Jew lawyer. That Jew lawyer Myles Breiner.” They hope to have me put in segregation,” Briener said.
In a letter he wrote to Hawaii’s Attorney General David Louie, Breiner said his clients tell him the prison warden and his assistant warden say they want to lock Breiner up if he visits the facility.
Read the rest and view the film here: http://www.hawaiinewsnow.com/story/20173244/lawyer-claims-hawaii-prisoners-are-harassed-at-arizona-prison
Family of Hawaii Prisoner Murdered in Mainland Prison Files Lawsuit Against State of Hawaii, Corrections Corporation of America
Today the family of Bronson Nunuha, a 26-year-old Hawaii prisoner who was brutally murdered at a Corrections Corporation of America (CCA) (NYSE:CXW) private prison in Arizona in 2010, filed a lawsuit in state court against CCA and the State of Hawaii. The suit exposes CCA’s business model of grossly short-staffing prisons and cutting corners in every way possible to make its private prisons profitable. These systemic practices violated fundamental safety requirements and subjected Hawaii prisoners to rampant gang violence in under-staffed prison units. Bronson Nunuha was just months away from release on a burglary conviction when CCA forced him to share housing with extremely violent, gang-affiliated prisoners in the same unit. A copy of the complaint is here.
“Bronson’s death was senseless and preventable. CCA and the State of Hawaii needlessly put him in danger,” said attorney Kenneth M. Walczak, who, along with the Human Rights Defense Center and the ACLU of Hawaii, represents the Nunuha family.
“Private prisons are known to have higher levels of violence due to understaffing and high staff turnover that result from their goal of generating ever-greater profits,” added HRDC director Paul Wright. “But prison companies are not allowed to make profit more important than human life. Unfortunately, CCA’s desire to turn a corporate profit needlessly cost Bronson Nunuha his life.”
Bronson was transferred to CCA’s Saguaro Correctional Center in Eloy, Arizona as part of a controversial practice in which Hawaii prisoners are sent to for-profit mainland facilities. He was serving a 5-year sentence for burglary and property damage when he was killed by other prisoners. Bronson, who was only months away from completing his sentence and returning to his family on Oahu, left behind a grieving mother, sisters, and his seven-year-old son.
Under Hawaii law, the State was required to return Bronson to Hawaii when he had only a year left on his sentence so that he could complete necessary programs to help him re-enter the community. The State ignored this law.
Bronson was murdered in CCA’s “Special Housing Incentive Program,” or SHIP. The SHIP program places rival gang members and prisoners who do not belong to any gang together in one unit, where they share recreation time and sometimes the same cell. Predictably, this practice results in violent incidents like Bronson’s murder. Only one CCA employee was present to oversee approximately 50 prisoners in the SHIP unit where Bronson was housed.
While at the CCA prison, Bronson had asked to be removed from the SHIP unit but CCA staff denied his requests. On February 18, 2010, two gang members attacked Bronson in his cell; the cell door had been opened by a CCA employee, who then left. Bronson was beaten and stabbed over 100 times. His assailants carved the name of their gang into his chest and even had time to leave his cell, shower and change clothes before CCA staff knew that Bronson had been killed.
One of Bronson’s assailants, Miti Maugaotega, Jr., had previously been involved in several attacks on other prisoners at a different CCA prison. Maugaotega, a gang member, was serving multiple life sentences for attempted murder, rape, and armed robbery. CCA and the State knew that Maugaotega was dangerous and capable of extreme violence but still housed him in the same unit as Bronson, a non-violent offender close to finishing a 5-year sentence.
CCA prisons that house Hawaii prisoners have been plagued with problems. In addition to Bronson’s murder, another Hawaii prisoner, Clifford Medina, was killed at the Saguaro facility in June 2010. In 2009, Hawaii removed all of its female prisoners from CCA’s Otter Creek Correctional Center in Kentucky following a scandal that resulted in at least six CCA employees being charged with rape or sexual misconduct. Other Hawaii prisoners have sued CCA, charging that the company has tolerated beatings and sexual assaults in its mainland prisons, and for refusing to allow them to participate in native Hawaiian religious practices.
“Why the State of Hawaii continues to contract with this company is mystifying, frankly,” said Wright. “After two murders, disturbances, allegations of rampant sexual abuse and a lack of accountability by CCA employees, it’s fairly obvious that CCA is unable or unwilling to safely house Hawaii prisoners, and the State is unable or unwilling to adequately monitor conditions at mainland prisons. Hawaii taxpayers are certainly not getting what they’re paying for.”
ACLU of Hawaii Senior Staff Attorney Dan Gluck added, “the ACLU has long warned the State about the damaging effects of its short-sighted policy of shipping prisoners to the mainland. This tragedy is bound to be repeated unless Hawaii adopts more effective prison policies.”
Bronson’s family is represented by the San Francisco law firm of Rosen, Bien & Galvan, LLP, by HRDC chief counsel Lance Weber, and by the ACLU of Hawaii’s Dan Gluck. The attorneys ask anyone with information about Bronson’s death – or information about violations of other safety rules at the CCA Saguaro Correctional Facility – to contact them.
The Human Rights Defense Center, founded in 1990 and based in Brattleboro, Vermont, is a non-profit organization dedicated to protecting human rights in U.S. detention facilities. HRDC publishes Prison Legal News, a monthly magazine that includes reports, reviews and analysis of court rulings and news related to prisoners’ rights and criminal justice issues. PLN has almost 7,000 subscribers nationwide and operates a website (www.prisonlegalnews.org) that includes a comprehensive database of prison and jail-related articles, news reports, court rulings, verdicts, settlements and related documents.
Rosen Bien & Galvan, LLP has a unique practice blending public interest and private sector litigation. The firm represents individuals and companies in complex trial and appellate litigation in state & federal courts.
BY JIM DOOLEY – The state has signed a new, three-year contract with Corrections Corporation of America to house up to 1,900 prison inmates at private prisons in Arizona.
The price carries a one per cent increase over the curent contract with CCA, which expires at the end of the month. The Department of Public Safety will pay CCA $63.85 per inmate per day. The old rate was $63.22.
CCA is believed to have submitted the sole bid for the contract.
The new deal, which carries two possible one-year contract extensions, was signed as Gov. Neil Abercrombie’s administration is making plans to end the longstanding policy of imprisoning Hawaii inmates in out-of-state facilities.
Public Safety officials are drawing up a plan for the return of out-of-state prisoners, but its completion is sometime in the future and will depend on construction of new correctional facilities here and development of new community-based programs for men and women now locked behind bars.
The Hawaii State Auditor said in a report issued late last year the total cost of the private prison program more than tripled since 2001, from just under $20 million to more than $60 million.
The per-day charges under the new contract would total some $44.3 million, although there are millions the state must pay in associated costs which the contract with CCA doesn’t cover.
The actual number of Hawaii inmates now held at CCA’s Saguaro Correctional Facility in Eloy, Arizona is now believed to have dropped under 1,800 as the state has stepped up efforts to bring certain categories of prisoners home.
Some 60 Hawaii inmates are also being held at CCA’s Red Rock Correctional Facility, next door to the Saguaro complex.
Arizona Prison Watch
Friday, December 3, 2010
The following is the intro to a piece written by my friend Frank Smith, an expert on private prisons with the Private Corrections Working Group (where I dig up all those rap sheets on prison profiteers). Here’s the testimony he gave to the Commission on Safety and Abuse in America’s Prisons several years back – which makes some good points still relevant to the violence and abuse of prisoners at CCA’s Idaho Correctional Center, among other places.
Follow the link for the full text of the article, which I found posted to a great website on Lenape (Delaware Indian) culture and issues. The article was originally published as a chapter in the book “Capitalist Punishment: Prison Privatization and Human Rights” (Elizabeth Alexander, et al), a worthwhile text for any library on crime and punishment.
Incarceration of Native Americans and Private Prisons
By Frank Smith
There are currently slightly over two million inmates in local, state and federal jails and prisons. Of these, some 1.6 percent are Native Americans and Hawaiian Natives; in Federal institutions, Native Americans constitute 2 percent of the population, since the U.S. government is involved in criminal justice enforcement on reservations. Because approximately 6 percent of all U.S. inmates are held in private prisons, the total number of Native Americans in these for-profit prisons is comparatively rather small. For that reason, this article presents a picture of the conditions in which Native Americans are held given that limited experience.
In order to achieve an informed understanding of the current situation with regard to Native Americans in prison, it is necessary to place it within a larger historical and sociological context. While most residents of the US have the notion their country was founded on the principles of justice and freedom, closer examination reveals that perception is not accurate, particularly in the case of Native Americans.1
The more progressive of our founding fathers whom we remember so fondly as protectors of these ideals include Thomas Paine and Thomas Jefferson. Paine consistently referred to Indians as “savages”, and used them as a negative comparative stereotype. Jefferson considered his contemporary Indians to be hindrances to colonial progress. The US only granted Natives citizenship in 1924, five years after women and 59 years after Black males were allowed to vote.
African Americans have undoubtedly been pervasively discriminated against in US history–their dehumanization was even embodied in the Constitution. Schoolchildren learn of the more egregious Supreme Court-approved violations of the rights of Blacks such as the Dred Scott decision or Plessy v. Feurgeson,2 and that the Civil War was fought in part over slavery.
They may have read the Emancipation Proclamation and even the Thirteenth to Fifteenth Amendments to the Constitution. The sordid history in America of slave owning, in the north and south, of lynching, of Jim Crow, is discussed in most schools. The role of such historic figures as Frederick Douglas or Sojourner Truth is widely recognized. Martin Luther King Jr., is certainly better known than many mediocre presidents. Selma, Alabama, and Little Rock, Arkansas are familiar mileposts, as is Brown v. Board of Education. Students may even understand the meaning of racial profiling, of the immensedisparity between sentencing for crack cocaine, more prevalent in inner-city neighborhoods, and powdered cocaine, more favored by wealthier uburbanites.
They may possibly be aware that a Black adolescent has perhaps a 50 times greater chance of being placed in an adult penal institution than a white youth who has been charged with exactly the same crime,3 and that perhaps one of three young Black men has been subjected to some criminal sanction, such as probation, parole, jail or prison.
Yet how many Americans, young or old, fully understand that this same disenfranchisement; this same disproportionate treatment by the criminal justice system, has affected Native Americans since the Articles of Confederation were signed? How many realize that broken treaties have been the order of the day for over two hundred years? Do they know that the early settlement of this nation involved pushing indigenous peoples into ever smaller, less habitable reservations?
How many school children are taught the cruel facts behind the genocidal removal of the inhabitants of the post-Revolutionary Southeast? There is hardly a Native American tribe that does not have a history of broken treaties and persecution. What this long, troubled relationship between European Americans and Natives constitutes is deliberate disregard for and discrimination against Native culture. Theft of lands, exiles, dispossessions, and a prevailing condemnatory and paternalistic attitude provide the background for the problems of Native Americans in prisons, both public and private, today. It particularly pervades the conditions of confinement of Indians in private prisons…
Hope some of Hawai’is legislators are paying attention to this – look at what you really get for your dollar in Arizona.
I sure hope Thad was right when he guessed that the CEO may actually answer his letter, though, if he’s right about all this, then they’ll be sure to send someone to his cell to harass and write him up, at the very least.
Keep us posted on how you’re faring in there, Thad. We still want to see you make it out of there soon. He makes a hell of a lot of money off of prisoners like you behaving yourselves, so I’d think he’ could afford the grace to listen...
“Prisoners Have Families, Too”.
Maricopa County Jail: Tent City.
PS: Here’sthe follow-up post to this letter. Thad got harassed alright – he was hit for another year by the parole board after they had already given him an out date, thanks to a personal call from the good warden at Saguaro after this post went up. As far as I’m concerned, they’re corrupt through and through in Eloy, Arizona: the City of God.
To The CEO of CCA:
Corrections Corporation of America
10 Burton Hills Boulevard
Nashville, Tennessee 37215
Phone: (615) 263-3000; (800) 624-2931
Fax: (615) 263-3140
Imagine a country in which prisoners can be denied visits, and even telephone calls, with family members for years at a time. Imagine a country in which government officials can prevent prisoners from telling news reporters about mistreatment or abuse. Imagine a country in which prisoners who are foreign citizens can be denied their right, guaranteed by international treaty, to meet with consular officials from their nation of origin. Unfortunately, that country is not some totalitarian state in the 1950s, but the United States in 2010.
Since 2006, the federal Bureau of Prisons has quietly operated a “Communications Management Unit” (CMU) at the federal prison in Terre Haute, Indiana. A second CMU was opened in Marion, Illinois, in 2008. Prisoners in these units face strict limits on visiting and telephone contact with the outside world.
The government has so far been operating these units without regulatory authority, but in April of this year, it belatedly published proposed rules that would authorize their operation. These rules make clear just what the government has in mind: a regime even more draconian than currently exists in the CMUs. Prisoners would be allowed only one 15-minute telephone call per month, with “immediate family members only” (defined to include only parents, spouses, children and siblings); one one-hour noncontact visit per month, with immediate family members; and one letter per week, limited to three pieces of paper, to and from a single recipient, “at the discretion of the Warden.”
When the CMUs were first established, the government justified them as necessary to monitor the communications of convicted or suspected terrorists. But in a classic case of mission creep, the new regulations provide that a prisoner can be transferred to a CMU if there is “any … evidence of a potential threat to the safe, secure, and orderly operation of prison facilities, or protection of the public, as a result of the inmate’s communication with persons in the community.” Given that most people in BOP custody are already accused or convicted of criminal activity, this standard imposes no meaningful limits; virtually any of the more than 200,000 federal prisoners could be sent to a CMU. In fact the CMUs have already been used to house prisoners who have not been convicted, or even accused, of terrorist activity. And because the CMU transfer decision is made solely by the Bureau of Prisons, with no external review or oversight, prisoners lack a meaningful way to challenge their placement.
These proposed rules represent an unprecedented attack on First Amendment rights, both of prisoners and of those on the outside — family, friends, journalists, clergy, and others — who want to communicate with them. A CMU prisoner who was raised by his aunt or grandmother will not be allowed to receive visits from her, or even talk to her by telephone. A reporter who wants to interview a prisoner alleging mistreatment or abuse won’t be allowed to do so. Never in modern U.S. history have prison officials been given the power to create a class of prisoners who are denied virtually all communication with the outside world.
The proposed rules also violate U.S. treaty obligations. Under the Vienna Convention on Consular Relations (PDF), ratified by the United States in 1969, consular officers have the right to visit their nationals who are in prison or detention in a foreign country, for the purpose of arranging legal representation or providing other assistance. Although more than one-quarter of the bureau’s prisoners are foreign nationals, the proposed rules make no provision for the consular visits required by the treaty. Past U.S. violations of the Vienna Convention have resulted in judgments against the United States by the International Court of Justice; the proposed rules make it all but certain that more treaty violations will occur in the future.
The government predictably defends the CMUs as necessary for security. But prison officials already have the authority to control and limit prisoners’ correspondence, telephone calls, and visits, and to monitor those communications to detect and prevent criminal activity. For example, prison staff must approve a prisoner’s visitor lists; they may conduct background checks for that purpose, and may disapprove any visitor. Visiting areas may be monitored. Prison officials may deny placement of a given telephone number on a prisoner’s telephone list if they determine that there is a threat to security. Telephone calls are also monitored. Prison officials have the authority to open and read all non-legal prisoner mail. The proposed CMU rules don’t explain why these existing security measures are insufficient. And they certainly don’t explain how security is meaningfully advanced by preventing a prisoner from calling his grandmother.
The Bureau of Prisons is accepting public comments on the proposed rules through June 7. On Tuesday, the ACLU submitted comments calling for the immediate closure of CMUs. See the instructions for filing comments, and submit your own here.