Solidarity with the Hunger Strikers at the Alred Unit in Iowa Park – Texas

Comrade Malik in Texas stands in Solidarity with the Hunger Strikers at the Alred Unit in Iowa Park, Texas

By Keith ‘Malik’ Washington

Revolutionary Greetings Comrades!

There is a hunger strike going on right now at the Alred-Ad-Seg Unit which is located in Iowa Park, Texas. There is a High Security Unit in Iowa Park, Texas and my comrade and fellow IWOC member Xinachtili also known as Alvaro Luna Hernandez is housed there.

A lot of prisoners are on hunger strike in protest of the cruel and inhumane conditions which have been allowed to be visited upon the prisoners in the Ad-Seg Unit.

The key issues are:

  • Lack of opportunities to go to Outside Recreation.
  • Cold food being served every meal at the Ad-Seg/High Security Unit.

There has been rumors of physical abuse but I will let Xinachtli provide more in-depth details as he is housed there and I am not.

There are a lot of similar problems here at Eastham Ad-Seg and some of the common denominators which allow these problems to continue are:

  • Serious Shortages of Staff all over TDCJ
  • Lack of funds to make repairs on anything
  • Deliberate Indifference and Abuse by uncaring Staff at Alred!

The 85th Texas Legislature which convened in 2017 approved a massive multi-million dollar cut to the budget of the Texas Department of Criminal INJustice. I believe the amount was close to $212 million give or take. There have been numerous unintended consequences as a result of these cut backs—staff shortages is just one.

We have also seen an inordinate amount of prisoner deaths as a result of subpar medical care given by employees of the University of Texas Medical Branch whose headquarters is in Galveston, Texas and I believe the President of the Corrupt UTMB organization is a man named Dr. David Callender.

One issue that I’d like to bring to your attention is that prisoners who are housed in Ad-Seg all over Ad-Seg but especially at the Alred Unit are more vulnerable to abuse by TDCJ prison employees because they are more isolated from the general public, the Media and Their FAMILIES!!

Hunger Striking is the last ditch effort to have their grievances heard. This is a cry for HELP! We cannot ignore them.

My name is Keith ‘Malik’ Washington and I am a Human Rights Activist.
Please aid me in drawing attention to this serious situation.

Keith ‘Malik’ Washington is a co-founder and chief spokespersyn for the End Prison Slavery in Texas Movement, a proud member of the Incarcerated Workers Organizing Committee and he is the Deputy Chairman of the New Afrikan Black Panther Party (Prison Chapter). Malik has been instrumental in calling for the abolition of legalized slavery in Amerika and is very active in the Fight Toxic Prisons campaign.
You can view his work at comrademalik.com or you can write him directly at:

Keith ‘Comrade Malik’ Washington
TDC #1487958
Eastham Unit
2665 Prison Rd. #1
Lovelady, Texas 75851

Sacrificing Self: Activism Beyond the Wall

By Comrade Kado, Eastham Unit, Texas

Photo of Comrade Kado

Comrade Kado, who has been receiving retaliation for reporting human rights abuses in a Texas prison

Received: Dec. 18, 2017 and on Dec. 29th via email from recipient of his letter.

In the “care” and custody of prison nation’s notoriously cruel southern giant – Texas – one might question how so bad a circumstance could become worse… As an activist for human rights and prison abolition, housed in solitary confinement, you may consider that this is as bad as it gets.

Before picking up this pen and typing paper in pursuance of liberation for the human people bound, abused, and silenced by the oppressors of a corrupt nation – I safeguarded as best I could against retaliation. I had zero cases for any type of misconduct in a number of years, so [I] made this point known of misconduct in a number of years, so made this point known and clear. A very dedicated contact, and supporter in this – the revolution – even had the governor Greg Abbott request an inquiry of my disciplinary history. This [was] done because of how activists seem to “suddenly” get cases and thus receive very restrictive, repressive and oppressive custody levels. For a time this seemed sufficient to combat the silencing tactics used [to] lash out at me for [my] voice, my struggle… of course I had to endure such problematic issues as: mail being withheld going outside or coming to me, sudden moves to housing that is close proximity with violently disruptive prisoners, and even having my property and family addresses “mistakenly” into another offenders’ cell, along with property taken without receiving confiscation papers during annual lock down… I endured those things and considered them merely part of this struggle.

Current events I bring to you now are to expose the actions and lengths the oppressors go to.

Ad. Seg. is a very effective tool to pick apart any targeted “offender.” Separated, isolated with no witnesses beyond the officers and staff. Every action is not random and has purpose. Once a weakness presents itself it is capitalized upon. I bring this to the attention of you comrades, not for the purpose of discouragement, nor sympathy… Simply for you to know the opposition, to know what to prepare for.

Recently I received a Jpay email that my grandmother was in final stages of colon cancer. The doctors gave her a week. In Seg., only 5-minute calls are permitted upon request every 90 days (if offenders are case-free). As it had not been 90 days since my last call, I needed to request an emergency call. This is done for deaths in the family or similar circumstances. I spoke to each shift sergeant I saw. Everyone promised to let me say goodbye to the loved one I would never see or speak to again… As days ticked by and I paced that cell, people were pulled on my line building for calls only to stop right before my cell and feign some problem or another. This, of course, had me in a state of desperate anticipation – a desired effect… A man in an already agonizing state is expected to break or lash out when he is agitated further (i.e. losing mail, antagonizing, denial of recreation, cold or small portioned food trays adding hunger to the state of hurt… It goes on and on – it also works).

Around the tenth day I stopped a C.O. named “Skaggs” while he was doing phone calls and asked him to just look at the jpay email. After seeing that there had been so much time past the week my grandmother was given left, and also that those sergeants I spoke to still did not have me on the list for call, he took the Jpay email down to the office himself to see what he could do. He came back and took me to call. Skaggs also had to listen to my call (they do that for Seg). My mother answered while in the funeral home – Grandma passed and Mom was so overcome with emotion she was unable to speak… [had I] been given such a notice that I had plenty of time to say my goodbye…

C.O. Skaggs was very compassionate and since my mom was hysterical and unable to talk due to being in the funeral home – he told me to let my mother know I would call that following day between 7pm and 8pm.

No call was given. Two days crawled by – no doubt with my mother, who also had failing health, worried senseless about me or why I never called back… Skaggs returned to my cell front to apologize and let me know that “Higher up” reprimanded him for what he did and that I had to take it up with his superiors. No call was ever given.

By now it is known by the oppressors that I am in a bad state of mind on top of being in solitary – time to ply their trade: my mail is held ridiculously long periods of time, more “shake downs” of my cell, cold food… Then a suicide occurs and another liver failure which I expose, and the “big guns” come out: The day following my exposure of a young man’s suicide, (see “Dropping Like Flies”) I am approached by a female sergeant at my cell front close to ten-o’clock night-time and asked my statement on a bogus case. A case alleging I committed an offense in public at 9pm that night. Then I am ordered to strip out of my clothes, put on only boxer shorts, submit to restraints and go to level 2 without my property, without due process…

I am now housed surrounded by screaming, raving offenders who are the poor souls that have long ago lost themselves to the cruelty, the oppression and torture of TDCJ. Now they themselves are used as tools of torment… no way to find sleep, the smell of fecal matter, urine and bodies unwashed for mont… this is how Texas fights activism, this is Texas Justice. I am not to be broken, I have been lucky to land here… the terrible cruelties that I witness here will find a voice to the people who make the struggle possible. I worry that my health is at risk, and if I fall silent, it may be that they have stopped mail, or taken a step further…

I have gotten word Comrade Malik is very sick. (Following the triumph in federal court?) Please follow up on his condition and care under TDCJ custody – mine also. Today I had to stop every officer working, sergeant “Brown” still was left, for close to 4 hours dealing with chest pain and dizziness before being escorted to medical where my blood pressure was in the red! None of my medication was brought to my new cell. My concerns for my health and safety are very real, these people aren’t happy – looks like I’m doing my job. Struggle not and you are but a slave!

Revolutionaries, you are the voice to protest and with a great love for the people and mighty rage against oppression I shall struggle until I’m free or dead. Fight the power! Fight for freedom! Fight toxic prisons!!

Comrade Kado

Please contact me with any letters of support, news of the struggle or simple words in solidarity. If you email me & desire a response, leave your snail mail address please.

Email at: www.jpay.com (Noah Jack Coffin #1795167)

Mail:
Noah Coffin #1795167
2665 Prison Rd #1
Lovelady, TX 75851


Read more stories by Comrade Kado:

Cold disregard: Texas prison guards and University of Texas medical staff ignore excruciatingly painful spider bite (Dec. 15, 2017)

The condemnable and the condemned: To live and die in Texas prisons (with Comrade Malik, Sept. 16, 2017)

Exploited, abused, neglected: Mental illness and solitary confinement in Texas prisons (with Comrade Malik, July 18, 2017)

Nevada Jurisprudence and Prison Report – Vol. 4 no. 3 Summer 2014

Received by Email:

Nevada Jurisprudence and Prison Report
“Veritas in Caritatis”             
Vol. 4, No 3, Summer Issue 2014
THEME: “Audi alterum partem” – Listen to the other side!
“Voice of the Nevada Jurisprudence and Prison Report”
Website: Nvjprudence.wordpress.com (this issue here)
Statement of Purpose:
The NJPR Newsletter reports on current prison conditions, good and bad; more importantly it looks at and evaluates the legal processes and the substantive laws which are designed to keep men in prison: Pre-trial issues, probation and parole policy, sentencing structures, post-conviction law, and most important, the philosophy underlying policy in practice.
The purpose of the NJPR Website is to provide a repository of affidavits, declarations and grievances in Web-Dossiers organized by categories of intuitional behavior. Fundamentally, this is a whistleblowing organization trying to associate with other “transparency” projects at an intrastate, national and global level. We seek to identify patterns which can be utilized by the U.S. Department of Justice.
We invite any resident, and especially judicial officers of the Courts and government Administration to write letters to the NJPR.
Index to this Issue:
Section One: Conditions
1. Cameras: For Us, or Against Us? By Rahsquo
2. Crowding, Violence and Nevada Stickney Report
3. Uppity Inmate: Engineering Submission, by Cal
4. Government Pushback, Small Town Style
Section Two: Law, Equity and Policy
1.     The Darkness Deepens
2.     Sicherungverwahrung and the Male Peril
Section Three: Art, Culture, Education and Religion
1.    Report: Nevada Appellate and Post-Conviction Project Now Defunct
2.    Justice Brandeis Innocence Project
3.    New College Program: New Free Dom College
4.    Sociological Study Underway
5.    Obamacare Now Covers Ex-Felons
6.    Poem: The Man in Me by John Fenton
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Section One: Conditions
1) Cameras: For Us or Against Us? By Rahsquo
In a putative effort to curb violence and other illegal activity at NNCC (a medical/retirement facility) cameras were installed in 2011. Prior to this installation of cameras in all units (except the human barn unit 10), the only areas where cameras were active was the infirmary and the visiting room.
The British author George Orwell (ne Eric Blair) in his visionary novel, 1984, described a futuristic society that furnished cameras almost everywhere. “Big Brother” would be individually monitoring your whereabouts. Mr. Orwell’s book was published in the 1930’s, and may have inspired the voyeuristic practices that are today disguised as legal surveillance.
Immediately, I can attest to have witnessed grown men stimulated by the camera installation to exhibit behaviors of hysterical panic about the sudden lack of privacy. They wondered what the cameras were for? Some speculated that they were there to deter and ward off any further assaults by a rogue group of correctional officers under the leadership of a sadistic lieutenant that harassed and physically abused old and crippled prisoners. The mutual occasional fisticuffs that are bound to transpire among 1500 men did not seem to warrant the rise in “get tough” measures imposed by the administration. After all, NNCC, in addition to being a medical facility, is a low-medium yard. Surely the majority of the elderly sick and dying prisoners were no threat to the safety and security of the institution.
Here is an example of the seemly side of camera usage in prison:
After the cameras were up-and-running, a newly admitted prisoner was allegedly assaulted by one of two prisoners in general population. When the “alleged” assault victim reported the incident, the cameras were “played back” and the prison investigator swiftly apprehended the two perpetrator caught on camera—or so the officials thought. In fact, there was no coverage where the actual assault took place— inside the bathrooms. Only the hallways have video monitors in the units. Two black men who appeared on the hallway video “around” the time of the assault. These mistakenly accused were pressured to randomly name two others, who were then charged with the assault. One of the now falsely accused had an alibi that arbitrarily disregarded; he had been in the infirmary for a doctor’s visit and had proof of it. The other black man lived in another wing, and no video footage was use to prove he left that wing to go to the other at the time of the assault. Both innocent men did serious hole time, while the actual bully went home 2 days after the beating!
On the other hand, video evidence has brought some justice to the yard. On Thanksgiving Day 2009, an official lynching occurred in the mental health wards of the prison infirmary, and because of the existence of a video tape of the “cell extraction” the killer correctional officials were removed from duty (at this time there is no knowledge of and criminal changes ever brought against them). Rumors coming out of the correction staff community report the mentally deranged inmate was gassed, tazed, and deprived of air with a plastic bag. One of the rogue cops, before the excrement hit the fan, retired.
The video evidence reportedly resulted in the firing of two officials, the suspension of two others.
So, are the cameras for us or against us? It appears to depend on the practice of a virtue called justice by the controllers of the cameras.
2)   Crowding, Violence and the Nevada Stickney Report
On and off the NNCC situation has included the usage of dayrooms for use as temporary housing in order to upgrade the facility’s Unit bathrooms, increasing the mandated 90 to 1 ratio of staff to inmate to about 140 to 1 in the two housing barns 10A and 10B. this Unit did not need any retrofit, having been built in 2007, so it was used as overflow. The work is now done and the overflow was moved out on July 28.
The mandates of population-staff ratios stem from a lawsuit in the early 1980’s that lasted until 2002. It is captioned Stickney v. List, CR-R-79_11_ECR. I am told stories by old timers, that in those days, correctional officers made minimum wage and supplemented their income by selling drugs, hookers and booze to inmate. The ratio of officers to inmates was 1 UNIT to 1 GUARD, resulting in shockingly high levels of rape (yes, man rape) and assault, obviously exacerbated by drugs and alcohol.
3)   Uppity Inmate: Engineery Total Submission
It is unfortunate duty to report on the retaliation by an NDOC official against a fellow inmate. It is truly troubling because, as a witness, it was clear to me the inmate was innocent of any wrongdoing. It was even more disturbing to witness the capricious, arbitrary, irrational behavior of a high-ranking NDOC official, who was so drunk on her own infallible power, she lost custody of her mind.
The NDOC was in the midst of implementing its standard [unwritten] institutional procedure of geno-punitive retribution. This term describes the practice of operant conditioning of groups. It is a practice consistent with the deprivation theory of corrections that justifies subtle forms of terrorism against target populations aimed at deterring future bad acts.
An inmate of the Unit that [illegally] houses 140 inmates was caught making pruno, or home-made fruit wine. The police found it in the ceiling. He [the winermaker] was sequestered to the disciplinary housing unit. But the [unwritten] policy of NDOC is to punish the entire community in which the transgressor lives. The policy requires acts of aggression by the prison officials against the entire cohort, and in this case included:
The arbitrary and capricious taking of property under color of a law or housing code,
The disestablishment of practices and customs of the inmate community, in this case the use of curtains in front of the defecation toilets and in and around the bank beds for sleeping privacy,
The drastic and absurd removal of the ceiling tiles in the rooms where the pruno was hidden ;
The invention of cosmetic rules of prohibition regarding the placement of fans and television reception antennas, and the storage of clothes, and usage of shelf space.
The sudden capricious demand that “this place has to look like a military barracks”.
The officials made people straighten out the towels hanging at the ends of beds and take down decorative items, or intensive micromanage
Although these seem extremely mild irritants the psychological exacerbation of fear was impressive, due to the mere increase of police presence in the unit. Normally there is one officer on duty 24 hours a duty, and visits by “suits” (high ranking officials) are extremely unusual. During the height of the government hysterical overreaction to the pruno crime, an uppity inmate had the gumption to ask the ringleader of the high rankers applying the operant retribution what the provocation was for such an attack. The Ringleader government thug responded by demanding the inmates Identification card, and ordering his “level reduction” by moving him out of his “Level One” unit into a level Two unit. The level reduction may cause the loss of his job, which would directly increase the amount of time spent in prison because non-workers do not get “good time” credit. The loss of lower custody status reduced his privileges, but he is too terrified to file a grievance, because he fears escalated government push-back by his being moved to a higher custody yard.
The aider and abettor of the Ringleader carrying out the orders of his superior official told me personally, when I asked “why all this hubbub?” “The inmate who confronted the Glorious Ringleader really pissed her off, he should have known his place”.
The practice of harem scarem mass punishments (geno-punitive retribution) has a counterproductive effect of causing inmate-on-inmate violence which is the exact opposite of the job of a correctional facility. The behaviors of the officials trigger mimetic behaviors of the inmates. Because of the immature example of bullying and irrational scapegoating of 139 men to pay for the act of one alcoholic inmate, (violence begets violence), the inmates experienced a huge community increase of blaming, finger pointing, character assassination, backstabbing and faultfinding—against each other. Only a tiny fraction had the gumption to file a grievance, which will be reported on next issue.
4) Government Push-Back, Small Town Style: How to Chill a Prisoner
A recent exposé in the Rolling Stone, (Putin Clamps Down by Janet Reitman 5/8/14) there is an interesting series of observations. Each phenomena has an American homologue.
First, this sentence uses a category of relation between the government and an individual or group:
“Wary of government push-back, the protesters played by the rules,…” (53)
Here, the term push-back refers to the use of the police power of the national government of Russia. Here is an example of how push-back works at a prison facility in the backwood polity of Nevada.
A prisoner at the Northern Nevada Correctional Center, run under an experimental regime that imposes collective psychological conditioning (mind control) through a “level system”, suffered head trauma from a piece of falling concrete. He received treatment and was even taken out in chains to be checked at a local hospital. Several days later he found out another man had suffered from a near miss of falling concrete in the same Unit 4 (the lowest level of the operant conditioning system). He filed an emergency grievance, stating he wanted an official to take pictures of the dilapidated concrete ceiling and to be compensated for the pain suffered.
The officer in charge called the victim of falling concrete up to the main administrative office. When he got there he was met by a bizarre sight: all of the correctional staff assigned to the Mayberry control center had collected up into a choral group of 5-7 persons and when the inmate arrived inside the building, they all sang out, in UNISON, the same words, in the same voice:
HIIII ROBERT!
Wha…? Really
Robert filed suit later, and it passed screening, because in addition to the bizarre stage show, these clowns took him to administrative segregation under the color of law.
Section Two: Law and Equity
1)   The Darkness Deepens
The Nevada Department of Corrections is generally exempt from all rulemaking procedures which executive branch officials must use. These Rules are found in Chapter 233B of the Revised Statutes (NRS). 
There was an exception, until recently. The prison store fund rules used to require that the Administrative rulemaking process had to be utilized. It appears that this requirement might have been revoked. This rules requirement penciled in at NRS 209.221 (7) and (8) is referred to in the 233B, stating “except as provided in 209.221, NDOC is exempt from 233B rules”. However, this language is deleted in a recent computer printout of the statute, making NDOC’s discretionary rulemaking power absolute, and thus a despotic dominion.
Chapter 176, NRS 176.0125 establishes the Advisory Commission on the Administration of Justice, at paragraph 4, states that the commission shall:

“Evaluate the effectiveness and efficiency of the Department of Corrections… with consideration as to whether it is feasible… to establish an oversight or advisory board…(c) policies for the operation of the Department of Corrections;”

There’s some hope in that.
Now, any warden with common sense would want to obtain the intelligence of circumspection by offering to receive “input” from all parties possible. The unwritten rules of reason require this. There are cases where this is done. In 2008, this writer was witness to the actions of Chaplain Garcia at Lovelock. He asked for inmate participation, he was delivered an article of the Prison Legal News article regarding the case at Pelican Bay Prison in California where the officials refused to allow hardbound books. (PLN, July, 07, pg 19)
The result of that case was a court order for the officials to cut the cover off. Garcia brought that law to the meeting and a policy was established to do this. Another example of rulemaking input is at AR 802, Community Volunteers. At 802.04(i) it states “A volunteer is encouraged to submit suggestions for conducting, enhancing or improving volunteer services”. What needs to happen is to change the language to say,
“The warden shall request, on a yearly basis, the volunteers and families of convicts and the general public to submit suggestions. The input shall be tallied and formatted, and a copy delivered to the survey participants, and to the Advisory Commission on the Administration of Justice, and the Legislative Counsel Bureau, who shall make said survey report available to the general public in both formats, digital and hardcopy”.
A third example of current potential input for policy review and rules process is the Inmate Advisory Committee (IAC). This practice is being used at the medium yard at NNCC, and in general is used for conveying decrees from the Glorious Leader, and as a pressure release value that deals with cosmetic issues regarding the conditions of confinement. It’s basically a place to whine for whiners and moaners  about trivialities like television reception.
The Principle of Government Secrecy is necessary in some situations, such as in times of war, and the executive war machine needs to conceal its hand from the enemy. The so-called War-on-Crime justifies civil government secrecy. But the “war-on-crime is a product of the ideological apparatus of the official anarchists trying to escalate the war-on-crime for economic good. Malinski v. NY 68 S. Ct 781 demands no ear be given to loose talk about war on crime!
2)   Sicherungverwahrungand the Male Peril—Myth, Spin and Therapeutic Economy
In the April 2014 CURE Civil Commitment Newsletter, the article “The Presumption of Dangerousness” did an excellent job describing the state of affairs. This reports on two dimensions which are important if we attempt to be scientifically circumspect. The first dimension is the historical, and the second is the normative, or “ethical”.
The historical dimensions open upon the Germanic homologue of “civil commitment”, or a “non-punitive” taking by the government of some normal civil right. Traditional German law has something called Massregeln, which seem, like civil commitment, to fall between civil and criminal forms of law. Massregeln include sanctions such a taking away a privilege, like the right to drive a car or work in a particular industry. The non-punitive taking of physical liberty is called Sicherungsverwarung.
Like here, the taking of a right in the realm of civil law have fewer procedural safeguards. In the1871 German penal code they did not distinguish between penalties civil and criminal. Because the civil taking causes suffering, the taking cannot logically be thought of as a non-penalty.
There was a movement to bifurcate the Massregelnfrom criminal law that could not get legislated. The German lawmakers did not want to make it easier for the executive branch to impose civil penalties. However, that increase of power to impose civil removal of physical was gained by guess who? Adolph Hitler and his fascist regime. Although abused by that regime, it has not gone away.
However, today civil commitment must be pronounced at original sentencing (like many American enhancement laws here). It must also be reviewed and confirmed by due process hearing upon termination of the criminal sentence. Also the civil penalty of post-punitive confinement is safeguarded from abuse by the legal principles of proportionality and equity (fairness). Safeguards are built-in in ways that don’t happen in America. This information is taken from “Abusing State Power or Controlling Risk?: Sex Offender Commitment” by Nora Demleitner, 30 Fordham Urb. L. J. [http://law.fordham.edu/fordham-urban-law-journal/ulj.htm] 1621.
The second dimension is the normative, or the moral aspect of law, in its most traditional sense. The current ideological apparatus uses a positivistic rhetoric which colonizes the public discourse to a point of exclusive monopoly, even among the most strident critics of the American law-and-order regime. This means an exclusion of the moral-virtue dimension of law. The historical dimension is tolerated, but the moral is absolutely dismissed as mere opinion. Therefore, all public discourse is a soliloquy of the actuarial statistical mathematics, which appears and sounds impressively scientific. But it is not. The usage of the rhetoric is done purposely by the law-and-order regime to stir up widespread panic, sway the minds of juries and judges, and colonize the minds of the offenders the regime seeks to over-control. This thesis is support by the well-concealed thesis the critical analyses of academics who have exposed the validity of psychotherapeutics as entirely non-scientific.
For example, William M. Epstein, a clinical social worker and professor at University of Nevada -Las Vegas, writes “Psychotherapy as Religion: The Civil Divine in America,” [http://www.amazon.com/Psychotherapy-As-Religion-Divine-America/dp/0874176786] in which he demonstrates convincingly that “The meaning of the field [of psycho-therapy] is derived not from objective evidence of effectiveness but from the preferences of the culture– a sociological marvel rather than a clinical one”.(4)
What this implies is that the normative/moral dimensions of society has been expropriated from its traditional religious institutions and monopolized by a secular institution which conceals its religiosity behind a spurious mythology of a morally neutral “science”. 
This amounts to an expropriation of meaning by the forces of the dominant economic naturalism—“science” merely means “knowledge”, and there can be a “science” of the now shunned realm of reality called the divine, which has been imprisoned into the non-scientific realm of the subjective opinion. Thus human institutions that relate to the divine are targeted and labeled as “non-scientific”, and therefore rejected as a valid source of moral and ethical discipline, in both the day-to-day practicalities of life and in the sphere of political governance.
In fact, the so-called legal principal of the “separation of church and state”, in operation, serves the merge and conflate the functions of the church (and religion generally) into itself. This phenomena did not happen overnight, but the process has a history, and is taken up in the next section of this essay, which is forthcoming.
The current Massregeln of the United States tends to point its violence on the weakest and most morally suspect of society. In the Supreme Court case, Buck v. Bell, it upheld the eugenic therapeutics of purifying the whole fabric of society by sterilizing the morons, mentally retarded, racially impure and sexually deviant, with a minimum of administrative due process—given notice and a one-sided hearing. Only the glaring evils of Adolph Hitler wiped out the statutes in the state legislatures. It is a known fact that Hitler modeled his reforms after the genocidal cleansing statutes of California.
 Civil commitment laws are nothing less than euphemized forms of eugenics, seeking to “cleanse” society not only now, but in the future, of all risk of the new genetic peril: the sex offender. The latest “peril” of (mostly male) is added to the perennial list of targeted classes in the prosecution of national warfare. The First World War saw the mass psychological manipulation of the state psychologist to rouse the American public to war against the “German peril”. In World War II it was the “Yellow peril”. In the cold war it was the “Red Peril”. During the drug wars it was the “Black Peril”. Today we see a gender war, creating the target of the “Male Peril”. [See “The Emerging Criminal War on Sex Offenders” by Corey Raybarn Yung, 45 Harv. C. R. –C.L.L. Rev. 435]. Since the vast majority of sex offenders are male, it is not illogical to see the current Massregeln in terms of a military offensive in the broader Gender War. [See “The Feminist War on Crime” by Aya Gruber, 92 Iowa L. Rev. 741]
   
As an “enemy combatant” labeled as a “sex offender”, men convicted of such an offense against the “state” all face civil commitment, especially if we evaluate the phenomena with sophistication. In other words, there are now increasing restrictions attached to the regular penal sentences that constitute indirect and constructive forms of civil commitment in operation, yet not called civil commitment. They are imposed without due process.
Men released from prison are paroled, because the vast majority, no matter the degree of the crime, are given life sentences with possibility of parole. So they are on life time parole, which federally or locally mandated residence restrictions, and are subjected to lengthy sentences for failing to register every three months or being found within three or four football fields locations of any congregations of minors. So, we see the presumption of dangerousness not only upon release. We find the presumption in the pre-trial stage during incarceration, at parole hearings and when granted parole—for the rest of the offenders life.
The other observation with an American homologue is this:
“A second and even more crucial change in the law gave the prosecutor’s office unlimited discretion on whom to prosecute [in violations of public assembly law].”
So, the implication here is twofold:
          That prior to this liberation of state prosecutors from limitations on their discretion, there were more stringent rules in place;
          That the hallmark and measure of how despotic and tyrannical a government is, one looks at the constraints in place on the state prosecutors.
Therefore, we can conclude that there is no greater tyranny and no great despot in the international scene than the USA. Why? Because only in the United States does the government prosecutor have absolute discretion, unfettered by any rules, any oversight, or any power greater than themselves; and this power is not hierarchic and inefficient.
The absolute power is networked in a polycentric grip through 3,144 county district attorneys, plus the huge staffs of 50 state attorney general’s office (not counting territories). Add to that number the massive United States Attorney General’s office spread out through the federal district court system, with each deputy exercising with not a single constraint on their discretion—they have despotic dominion. All that exist is a hollow and meaningless, as well as non-binding, codes of professional ethics, all of which clearly and expressly do not give legal rights or cause of action to hold the network of District Adversaries accountable.
   
Section Three: Art, Culture, Education and Religion
1) Report on the Nevada Appellate and Post-Conviction Project
NJPR editorial policy is to maintain a letter-of-inquiry campaign to follow-up on people, organizations and writers who show concern about the American police state. Recent solicitations to the national office of “Critical Resistance” [at 1904 Franklin Street, Ste. 504, Oakland CA, 94612] produced a national “Pro Bono Legal Resource” list. The only outfit listed for Nevada is:
Nevada Appellate & Post Conviction Project
When this reporter wrote to the address on the Resource list, he was replied to by Michael Pescetta, Chief of the Capital Habeus Corpus Unit at the Federal Public Defender office [at 411 E. Bonneville Avenue, Ste. 250, Las Vegas, NV 89101]. Says Mr. Pescetta “The Project no longer exists. The capital habeus unit of the FPD now does the work that the Project formerly did”.
The guy goes on to say he might be able to provide referral services if a concise clear summary of the case was sent to the Federal Public Defender. Here is the follow-up letter which has been sent to the Federal Public Defender, Michael Pescetta:
Dear Sir,
Thank you for your letter of July 15, 2014. You implied in your letter that you might be able to provide a referral if a clear status summary of the case is provided. I’m just checking to see if I understood you correctly.
Also, I’m enclosing a copy of a letter received from the Justice Brandeis Innocence Project. It identifies a Non-DNA technique of fighting actual innocence cases. As a contributing editor to an all-prisoner written whistleblower newsletter, Nevada Jurisprudence and Prison Report, I am seeking referral to investigative journalists who might be interested in starting a West Coast Iinnocence Project that serves the horrifying embarrassment of the Nevada criminal justice administration. You can send an email to nvjprudence@gmail.com .”
2) Justice Brandeis Innocence Project
As mentioned above, NJPR has discovered (through the Critical Resistance Resource List) the Innocence Project at Brandeis University. The Project is run by the Schuster Institute for Investigative Journalism at 415 South Street, MS 043, Waltham MA 02454. The Project does not use forensic DNA evidence as all other innocence projects. Also, as all other innocence projects, the Brandeis Project serves an exclusive region without exceptions.
NJPR is attempting to compile a list of investigative journalist in order to organize a Western United States Innocence Project that would utilize the journalistic method, as it is sorely needed.
Let us remind ourselves that the Motherland of the U.S., Merry Old England, has a permanent, government funded innocence commission, which excludes all police and prosecutors from its review board.  Here are some authors of investigative reports on the criminal administration:
karmstrong@seattletimes.com
mauricepossley@gmail.com
bmoushey@pointpark.edu
3) New College Program for Prisoners
New Freedom College is a non-profit school recently established with non-accredited college courses available on a sliding-scale starting at $33.00 per unit ($99. Per 3 unit course), a price which INCLUDES the price of the textbook.
NFC has applied for official accreditation from the nationwide Distance Education and Training Council. The mandatory probationary period for the school began in June 2013 and the school officials fully expect to pass master in June 2015, less than a year from now.
The low price above applies to those who have agreed to pursue a 2 or 4 year degree program. There are fear: Business/Entrepreneur Paralegal Studies Drug and Alcohol Counseling, and English Language.
New Freedom College
1957 West Burnside St. #1660
Portland, OR 97209
4) Sociological Study Underway
The July 2014 Prison Legal News article titled “BOP Grievance System Contributes to Compliance or Defiance of Prisoners” will serve as an inspiration for an upcoming investigative piece on the NDOC grievance system. A contributor to the NJPN whistleblowing project will poll inmate populations and create a statistical analysis of the data collected.
The Editors of NJPN invite contributions from all sources to add to the data set, such as ideas for polling questions and the name and location of sociological prison studies or ideas for future research projects. Contact our public e-mail address:
The data of this study will be situated in comparison to the study “Procedural Justice and Prison: Examining Complaints Among Federal Inmates 2000-2007” by the U.S. Marshalls Service and the Department of Criminal Justice at the University of Maryland.
5)  Obamacare Will Cover Prisoners? Uh, No.
It is interesting that prison officials are refusing to disseminate to all prisoners the great hope-creating news that affects the future well-being of prisoners. Inmates are thus once again deprived of the comforting sentiment of hope.
The National CURE outfit reports that “Some [un-named] correctional systems are helping” to get inmates enrolled into Obamacare prior to release. For older invalid inmates, this means release can be to a community nursing home. CURE also reports that the Affordable Care Act also covers, if the state applies, prison and jail inmates who have to go to outside hospitals for intensive care.
It’s a complex law that will be research and report on later. Family and friends can call 1-800-318-2596 for information. That the prison population of America is deprived of the benefits of the Affordable Care Act is an expression of the general policy of the ”deprivation theory” of corrections. To extend this hypothesis further, the exclusion of prisoners from basic care is sure evidence of a government advancement of the religious principle of the “unworthy poor”.
6) Poem: The Man in Me, by John Fenton
Before it’s too late
I saw the man in my house
And he could hardly breath
I pursued the man to desperate end
I’d see him here and there again
Standing there in my refracted dreams
Too scared to bleed, to ‘fraid to fight
Steal away into the night
Where only a thief should have the right
Leaping through every hide-and-find
Ever allusive not quite in my grasp
I finally met the man where I could see
Behind the mirror he wept, the man cries for me.

A Letter From Ray Jasper, Who Is About to Be Executed

Ray Jasper, who is detained on Texas’ death row, was given an execution date of March 19th. We sincerely hope that those who hold worldly power in the state of Texas will stop this senseless murder of a fellow human being. 

Ray’s letters to Gawker were published recently in their magazine, we are posting links to them here to remind everyone of the unethical, horrible issue of the death penalty and executions, the unreligious system of killing people rather than rehabilitating them and caring for the victims of crime, by instating revenge as punishment. When is Texas (and other States too) going to start preventing crimes by education and mental and economic care? 

From: Gawker, March 4, 2014

Edited and written by Hamilton Nolan.

Letters by Ray Jasper

Second letter

Mr. Nolan,

When I first responded to you, I didn’t think that it would cause people to reach out to me and voice their opinions. I’ve never been on the internet in my life and I’m not fully aware of the social circles on the internet, so it was a surprise to receive reactions so quickly.

I learned that some of the responses on your website were positive and some negative. I can only appreciate the conversation. Osho once said that one person considered him like an angel and another person considered him like a devil, he didn’t attempt to refute neither perspective because he said that man does not judge based on the truth of who you are, but on the truth of who they are.

Your words struck a chord with me. You said that my perspective is different and therefore my words have a sort of value. Yet, you’re talking to a young man that’s been judged unworthy to breathe the same air you breathe. That’s like a hobo on the street walking up to you and you ask him for spare change.

Without any questions, you’ve given me a blank canvas. I’ll only address what’s on my heart. Next month, the State of Texas has resolved to kill me like some kind of rabid dog, so indirectly, I guess my intention is to use this as some type of platform because this could be my final statement on earth.

I think ’empathy’ is one of the most powerful words in this world that is expressed in all cultures. This is my underlining theme. I do not own a dictionary, so I can’t give you the Oxford or Webster definition of the word, but in my own words, empathy means ‘putting the shoe on the other foot.’

Empathy. A rich man would look at a poor man, not with sympathy, feeling sorrow for the unfortunate poverty, but also not with contempt, feeling disdain for the man’s poverish state, but with empathy, which means the rich man would put himself in the poor man’s shoes, feel what the poor man is feeling, and understand what it is to be the poor man.

Empathy breeds proper judgement. Sympathy breeds sorrow. Contempt breeds arrogance. Neither are proper judgements because they’re based on emotions. That’s why two people can look at the same situation and have totally different views. We all feel differently about a lot of things. Empathy gives you an inside view. It doesn’t say ‘If that was me…’, empathy says, ‘That is me.’

What that does is it takes the emotions out of situations and forces us to be honest with ourselves. Honesty has no hidden agenda. Thoreau proposed that ‘one honest man’ could morally regenerate an entire society.

Looking through the eyes of empathy & honesty, I’ll address some of the topics you mentioned. It’s only my perspective.

The Justice system is truly broken beyond repair and the sad part is there is no way to start over. Improvements can be made. If honest people stand up, I think they will be made over time. I know the average person isn’t paying attention to all the laws constantly being passed by state & federal legislation. People are more focused on their jobs, raising kids and trying to find entertainment in between time. The thing is, laws are being changed right and left.

A man once said that revolution comes when you inform people of their rights. Martin Luther King said a revolution comes by social action and legal action working hand in hand. I’m not presenting any radical revolutionary view, the word revolution just means change. America changes as the law changes.

Under the 13th Amendment of the U.S. Constitution all prisoners in America are considered slaves. We look at slavery like its a thing of the past, but you can go to any penitentiary in this nation and you will see slavery. That was the reason for the protests by prisoners in Georgia in 2010. They said they were tired of being treated like slaves. People need to know that when they sit on trial juries and sentence people to prison time that they are sentencing them to slavery.

If a prisoner refuses to work and be a slave, they will do their time in isolation as a punishment. You have thousands of people with a lot of prison time that have no choice but to make money for the government or live in isolation. The affects of prison isolation literally drive people crazy. Who can be isolated from human contact and not lose their mind? That was the reason California had an uproar last year behind Pelican Bay. 33,000 inmates across California protested refusing to work or refusing to eat on hunger-strikes because of those being tortured in isolation in Pelican Bay.

I think prison sentences have gotten way out of hand. People are getting life sentences for aggravated crimes where no violence had occurred. I know a man who was 24 years old and received 160 years in prison for two aggravated robberies where less that $500 was stole and no violence took place. There are guys walking around with 200 year sentences and they’re not even 30 years old. Its outrageous. Giving a first time felon a sentence beyond their life span is pure oppression. Multitudes of young people have been thrown away in this generation.

The other side of the coin is there are those in the corporate world making money off prisoners, so the longer they’re in prison, the more money is being made. It’s not about crime & punishment, it’s about crime & profit. Prison is a billion dollar industry. In 1996, there were 122 prisons opened across America. Companies were holding expos in small towns showing how more prisons would boost the economy by providing more jobs.

How can those that invest in prisons make money if people have sentences that will allow them to return to free society? If people were being rehabilitated and sent back into the cities, who would work for these corporations? That would be a bad investment. In order for them to make money, people have to stay in prison and keep working. So the political move is to tell the people they’re tough on crime and give people longer sentences.

Chuck Colson, former advisor to the President once said that they were passing laws to be tough on crime, but they didn’t even know who the laws were affecting. It wasn’t until the Watergate scandal and Colson himself going to prison that he learned who the laws were affecting. Colson ended up forming the largest prison ministry in America. He also foreseen in his book THE GOD OF SPIDERS & STONES that America was forming a new society within its prisons. Basically, that prison would become a nation inside this nation. He predicted that over a million people would be locked up by the year 2000. The book was written in the 8O’s. Now, its 2014 and almost two million people are locked up. It’s not that crime is the issue. Crime still goes on daily. It’s that the politics surrounding crime have changed and it has become a numbers game. Dollars & Cents. You have people like Michael Jordan who invest millions of dollars in the prison system. Any shrewed businessman would if you have no empathy for people locked up and you just want to make some money.

I don’t agree with the death penalty. It’s a very Southern practice from that old lynching mentality. Almost all executions take place in the South with a few exceptions here and there. Texas is the leading State by far. I’m not from Texas. I was raised in California. Coming from the West Coast to the South was like going back in time. I didn’t even think real cowboys existed. Texas is a very ‘country’ state, aside a few major cities. There are still small towns that a black person would not be welcomed. California is more of a melting pot. I grew up in the Bay Area where its very diverse.

The death penalty needs to be abolished. Life without parole is still a death sentence. The only difference is time. To say you need to kill a person in a shorter amount of time is just seeking revenge on that person.

If the death penalty must exist, I think it should only be for cases where more than one person is killed like these rampant shootings that have taken place around the country the last few years. Also, in a situation of terrorism.

If you’re not giving the death penalty for murder, then the government is already saying that the taking of one’s life is not worth the death penalty. Capital murder is if you take someone’s life and commit another felony at the same time. That’s Texas law. That makes a person eligible for the death penalty The problem is, you’re not getting the death penalty for murder, you’re actually getting it for the other felony. That doesn’t make common sense. You can kill a man but you will not get the death penalty……if you kill a man and take money out his wallet, now you can get the death penalty.

I’m on death row and yet I didn’t commit the act of murder. I was convicted under the law of parties. When people read about the case, they assume I killed the victim, but the facts are undisputed that I did not kill the victim. The one who killed him plead guilty to capital murder for a life sentence. He admitted to the murder and has never denied it. Under the Texas law of parties, they say it doesn’t matter whether I killed the victim or not, I’m criminally responsible for someone else’s conduct. But I was the only one given the death penalty.

The law of parties is a very controversial law in Texas. Most Democrats stand against it. It allows the state to execute someone who did not commit the actual act of murder. There are around 50 guys on death row in Texas who didn’t kill anybody, but were convicted as a party.

The lethal injection has become a real controversial issue here of late because states are using drugs that they’re not authorize to use to execute people. The lethal injection is an old Nazi practice deriving from the Jewish Holocaust. To use that method to kill people today, when it’s unconstitutional to use it on dogs, is saying something very cruel and inhumane. People don’t care because they think they’re killing horrible people. No empathy. Just contempt.

I understand that it’s not popular to talk about race issues these days, but I speak on the subject of race because I hold a burden in my heart for all the young blacks who are locked up or who see the street life as the only means to make something of themselves. When I walked into prison at 19 years old, I said to myself ‘Damn, I have never seen so many black dudes in my life’. I mean, it looked like I went to Africa. I couldn’t believe it. The lyrics of 2Pac echoed in my head, ‘The penitentiary is packed/ and its filled with blacks’.

It’s really an epidemic, the number of blacks locked up in this country. That’s why I look, not only at my own situation, but why all of us young blacks are in prison. I’ve come to see, it’s largely due to an indentity crisis. We don t know our history. We don’t know how to really indentify with white people. We are really of a different culture, but by being slaves, we lost ourselves.

When you have a black man name John Williams and a white man name John Williams, the black man got his name from the white man. Within that lies a lost of identity. There are blacks in this country that don’t even consider themselves African. Well, what are we? When did we stop being African? If you ask a young black person if they’re African, they will say ‘No, I’m American’. They’ve lost their roots. They think slavery is their roots. Again, its a strong identity crisis.

You take the identity crisis, mix it with capitalism, where money comes before empathy, and you’ll have a lot of young blacks trying to get money by any means because they’re trying to get out of poverty or stay out of poverty. Now, money is what they try to find an identity in. They feel like if they get rich, legal or illegal, they’ve become somebody. Which in America is partly true because superficially we hail the rich and despise the poor. We give Jay-Z more credit than we do Al Sharpton. What has Jay-Z done besides get rich? Yet we see dollar signs and somehow give more respect to the man with the money.

A French woman who moved to America asked me one day, ‘Why don’t black kids want to learn?’ Her husband was a high school teacher. She said the white and asian kids excel in school, but the black and hispanic kids don’t. I said that all kids want to learn, it’s just a matter of what you’re trying to teach them. Cutting a frog open is not helping a black kid in the ghetto who has to listen to police sirens all night and worry about getting shot. Those kids need life lessons. They need direction. When you have black kids learning more about the Boston Tea Party than the Black Panther Party, I guarantee you won’t keep their attention. But it was the Black Panther Party that got them free lunch.

People point their fingers at young blacks, call them thugs and say they need to pull up their pants. That’s fine, but you’re not feeding them any knowledge. You’re not giving them a vision. All you’re saying is be a square like me. They’re not going to listen to you because you have guys like Jay-Z and Rick Ross who are millionaires and sag their pants. Changing the way they dress isn’t changing the way they think. As the Bible says, ‘Where there’s no vision the people perish’. Young blacks need to learn their identity so they can have more respect for the blacks that suffered for their liberties than they have for someone talking about selling drugs over a rap beat who really isn’t selling drugs.

They have to be exposed to something new. Their minds have to be challenged, not dulled. They know the history of the Crips & Bloods, but they can’t tell you who Garvey or Robeson is. They can quote Drake & Lil Wayne but they can’t tell you what Jesse Jackson or Al Sharpton has done. Across the nation, they gravitate to Crips & Bloods. I tell those I know the same thing, not to put blue & red before black. They were black first. It’s senseless, but they are trying to find a purpose to live for and if a gang gives them a sense of purpose that’s what they will gravitate to. They aren’t being taught to live and die for something greater. They’re not being challenged to do better.

Black history shouldn’t be a month, it should be a course, an elective taught year around. I guarantee black kids would take that course if it was available to them. How many black kids would change their outlook if they knew that they were only considered 3/5’s of a human being according to the U.S Constitution? That black people were considered part animal in this country. They don’t know that. When you learn that, you carry yourself with a different level of dignity for all we’ve overcome.

Before Martin Luther King was killed he drafted a bill called ‘The Bill for the Disadvantaged’. It was for blacks and poor whites. King understood that in order to have a successful life, you have to decrease the odds of failure. You have to change the playing field. I’m not saying there’s no personal responsibility for success, that goes without saying, but there’s also a corporate responsibility. As the saying goes, when you see someone who has failed, you see someone who was failed.

Neither am I saying that advantages are always circumstancial. Sometimes its knowledge or opportunity that gives an advantage. A lot of times it is the circumstances. Flowers grow in gardens, not in hard places. Using myself as an example, I was 15 when my first love got shot 9 times in Oakland. Do you think I m going to care about book reports when my girlfriend was shot in the face? I understand Barack Obama saying there is no excuse for blacks or anyone else because generations past had it harder than us. That’s true. However, success is based on probabilities and the odds. Everyone is not on a level playing field. For some, the odds are really stacked against them. I’m not saying they can’t be overcome, but it’s not likely.

I’m not trying to play the race card, I’m looking at the roots of why so many young blacks are locked up. The odds are stacked against us, we suffer from an identity crisis, and we’re being targeted more, instead of taught better. Ask any young black person their views on the Police, I assure you their response will not be positive. Yet if you have something against the Police, who represent the government, you cannot sit on a trial jury. A young black woman was struck from the jury in my case because she said she sees the Police as ‘intimidators’. She never had a good experience with the Police like most young blacks, but even though she’s just being true to her experience, she’s not worthy to take part as a juror in a trial.

White people really don’t understand how it extreme it is to be judged by others outside your race. In the book TRIAL & ERROR: THE TEXAS DEATH PENALTY Lisa Maxwell paints this picture to get the point across and if any white person reading this is honest with themselves, they will clearly understand the point. I cannot quote it word for word, but this was the gist of it…

Imagine you’re a young white guy facing capital murder charges where you can receive the death penalty… the victim in the case is a black man… when you go to trial and step into the courtroom… the judge is a black man… the two State prosecutors seeking the death penalty on you… are also black men… you couldn’t afford an attorney, so the Judge appointed you two defense lawyers who are also black men… you look in the jury box… there’s 8 more black people and 4 hispanics… the only white person in the courtroom is you… How would you feel facing the death penalty? Do you believe you’ll receive justice?

As outside of the box as that scene is, those were the exact circumstances of my trial. I was the only black person in the courtroom.

Again, I’m not playing the race card, but empathy is putting the shoe on the other foot.

The last thing on my heart is about religion and the death penalty. There are several well-known preachers in Texas and across the South that teach their congregations that the death penalty is right by God and backed by the Bible. The death penalty is a governmental issue not a spiritual issue. Southern preachers who advocate the death penalty are condoning evil. They need to learn the legalities of capital punishment. The State may have the power to put people to death, but don’t preach to the public that it’s God’s will. It’s the State’s will.

If God wanted me to die for anything, I would be dead already. I talk to God everday. He’s not telling me I’m some kind of menace that He can’t wait to see executed. God is blessing me daily. God is showing me His favor & grace on my life. Like Paul said, I was the chief of sinners, but God had mercy on me because He knew I was ignorant. The blood of Abel cryed vengeance, the blood of Jesus cryed mercy.

There are preachers like John Hagee in San Antonio who have influence over thousands of people, who not only attend his church, but also watch his TV program, and hear him condoning the death penalty. Hagee doesn’t see his Southern mentality condones the death penalty, not the scriptures. There is absolutely nothing in the Bible that condones the way Texas executes people today.

Southern preachers use scriptures like God telling Noah, ‘Whoever shed’s man’s blood, by man his blood shall be shed’. ‘That’s murder. Under Texas law, you cannot receive the death penalty for murder. There is no such thing as capital murder in the Bible, where murder must be in the course of another felony. Yet, they preach capital punishment is God’s will. Even if you’re guilty of capital murder in Texas, it doesn’t mean you’ll receive the death penalty. People get the death penalty when a jury has judged them to be a ‘continuing threat to society’. ‘That means they are deemed so bad that they have no hope of redemption or change in their behavior. That is the only reason a person gets the death penalty. They are suppose to be the absolute worse of the worse, so terrible that they cannot live in prison with other murderers.

That in itself is contrary to the whole Christian faith that believes no one is beyond redemption if they repent for their sins and put their faith in Jesus Christ. For a Christian to advocate the death penalty is a complete contradiction.

As easy as it is for a preacher to stand up in the pulpit with a Bible and tell thousands of people the death penalty is right, I challenge any preacher in Texas, John Hagee or any others to come visit me and tell me that God wants me to die. Martin Luther King said, ‘Capital punishment shows that America is a merciless nation that will not forgive.’

Again, Mr. Nolan, this is only my perspective. I’m just the hobo on the street giving away my pennies. A doctor can’t look at a person and see cancer, they have to look beyond the surface. When you look at the Justice system, the Death Penalty, or anything else, it takes one to go beyond the surface. Proper diagnosis is half the cure.

I’m a father. My daughter was six weeks old when I got locked up and now she’s 15 in high school. Despite the circumstances, I’ve tryed to be the best father in the world. But I knew that her course in life is largely determine by what I teach her. It’s the same with any young person, their course is determined by what we are teaching them. In the words of Aristotle, ‘All improvement in society begins with the education of the young.’

Sincerely,

Ray L. Jasper

Ps: Forgive me for being longwinded, but I was speaking from the heart. Thanks for the opportunity.

First letter:

Last month (as we did last year), we sent letters to all of the U.S. death row inmates who have execution dates in the upcoming year. Today, we have our first reply: Ray Jasper, who is scheduled to be put to death in Texas in March.

Jasper was convicted of the 1998 murder of a recording studio owner. Jasper was 18 years old at the time. He has been in prison for the past 15 years.

The purpose of publishing these letters is to hear directly from people whose voices are not often heard. This is not a referendum on the guilt or innocence of any inmate. Ray Jasper responded to our questions numerically, so we will briefly list them here:

  1. What do you think the chances are of your execution occurring as scheduled?
  2. Can you describe daily life on Death Row?
  3. Can you talk a bit about your own past and upbringing?
  4. Has your time in jail changed your political or religious beliefs?
  5. Do you have any thoughts on how the media and the public view the death penalty?

 

  1. What else would you like to say to the public about your life, your situation, and what you think it means for our country?

Mr. Nolan,

I hope you’re genuine in your endeavor and I hope you achieve your goal with your writing. I numbered your questions to match my answers. I’m sure you can take it from there. Can I receive a copy of how you publish this or the name of the website?

1) I think any execution has a 50/50 chance of taking place. It comes down to the legalities of the case. The controversial issue in my case has been narrowed down to racial discrimination concerning the State of Texas purposely striking Black people from the jury panel. Racial discrimination on trial juries has a long-standing history in Texas. It was really made known in the Thomas Miller-el case where Dallas had a guide for their prosecutors to strike all minorities from the jury panel. So it’s about whether the Courts will consider the issue worth halting the execution.

2) Daily life on death row is like living in a black & white TV, while the rest of the world is [in] a full color high definition plasma TV. I’ve done my best to live above the circumstances by studying self-help and spiritual books. Ghandi once said that prison is not a punishment for an enlightened person, it only gives them more time to deepen their divinity. I agree. I was a teenager when I came to death row and over the last 15 years I’ve written several books & screenplays. I’ve turned a negative into a positive, while others around have lost their mind, dropped their appeals or committed suicide. I think who you are matters more than where you are.

3) I grew up like most young blacks at a disadvantage, susceptible to the street life out of the environment and a lack of education. For most young blacks we rebel out of subtle racism and being targeted by the police. For young blacks, cops are the enemies. I’ve been falsely arrested and beat by the police before the age of 18. It’s like how can society expect young blacks to be [compliant] with the same law that poses a threat to their life. You never hear of black cops beating or killing young whites, but its so common to hear about white cops beating and killing young blacks.

  1. My time in jail introduced me to politics. I was too young and uneducated to understand politics before I got locked up. Now, I see everyone has their own agenda and ideology of how society should function and those in political offices enforce their own agenda upon others. I think politics is a shark’s pool. There’s not much empathy involved.

I am a deeply religious person. I respect all religions, especially those who sacrifice for the service of God. I have a strong faith in Christ, but I do see  religion is often misused and Americans are too intellectual to be truly religious spiritually. Many people are only outwardly religious. I was religious people who wanted Christ to be executed. It was religious clergy who persecuted Martin Luther King as an extremist. One has to be careful of those who choose the letter of the Spirit. Paul said, “The letter kills, the Spirit gives life.” Jesus said only those the Spirit understand the kingdom of God.

5) The way the media covers the death penalty depends of the agenda of that media outlet. The media is not neutral. I think whether a person is pro or anti-death penalty, we should all be against injustice. Those who do not see the death penalty as unjust should do their homework. Every major newspaper in Texas has taken a stance against the death penalty due to their investigative journalism. They know what’s going on behind the scenes. The average person in Texas cannot explain the difference between murder and capital murder. The public is under the impression the people receive the death penalty for murder and murder, in Texas, is not punishable by the death penalty. There are thousands of people who committed murder and capital murder who are not on death row, but in regular prison. To say one person guilty of capital murder should live and another person guilty of capital murder should die is an injustice in [and] of itself.

I suggest reading the book TRIAL & ERROR: THE TEXAS DEATH PENALTY by Lisa Maxwell. It just came out this year and it highlights all the injustices of the Texas death penalty that many people never knew or forgot about over the years.

6) My life is a testament of what it is to be young & black in America. Black [people] are incarcerated at a higher rate than any other race because we are ignorant to the laws that govern society. As Nelson Mandela said, “Education is the most powerful weapon on which you can use to change the world.” I gave up in school after a friend died when I was 11 years old. I didn’t officially dropout until 16. By 18, I was facing the death penalty. I had no idea what capital murder was by definition or the law of parties. The Bible says that understanding makes a person depart from wrongdoing. People must be taught, even if its not in a school. We are all interdependent and we can educate each other. Adults need to have the courage to talk to teenagers and teach them how to make a smoother transition into adulthood. Over a million teenagers are arrested every year in America. 5 out of 6 black teenagers will drop out of high school. When you’re young it’s hard to see the road up ahead and many teens lack a long term vision for their life. They must be taught in the school of life by adults who cross their path.

Note: I apologize for all the mistakes, but I’m stuck in the 80’s with a E-typewriter, not a laptop. Any other questions let me know. I wish you success on your endeavor. Enjoy the season.

Peacefully, Ray

Voices from Solitary: “Death Row Diary” of Florida Man Scheduled to Die Tonight

From: SolitaryWatch

Voices from Solitary: “Death Row Diary” of Florida Man Scheduled to Die Tonight
June 12, 2013 By Voices from Solitary

William Van Poyck, 58 years old and on death row at the Florida State Prison in Starke, is scheduled to die at the hands of the state tonight at 7 pm. In 1987 he was convicted of murdering prison guard Fred Griffis in a failed jailbreak attempt. Poyck has spent nearly 26 years on death row in solitary confinement. He has written to his sister about his life in prison, and in recent years she has published his letters to a blog called Death Row Diary. In these letters, Poyck writes about everything from the novels and history books he is reading and shows he has watched on PBS to the state of the world and his own philosophy of life–punctuated by news of the deaths of those around him, from illness, suicide, and execution. He also comments on the bill recently passed by the Florida legislature that will accelerate the schedule of executions in Florida. The excerpts selected here focus on the inhumane treatment he and other individuals on death row endure as they move ever closer to their own finalities. His last entry was written on May 28, when he had “15 days left to live.” –Abby Taskier

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January 4, 2012
Well, another year is upon us. I feel like I ought to have something profound to say but all I can think of is the too many – over 40 – years I’ve spent sitting in a cell or prison dormitory watching another new year slide into my life. New Year’s is supposed to represent hope and potential but it’s hard to convince yourself that hope and potential abounds when you’re doing hard time! Anyway, 2012 is the supposed end of the world according to the Mayan calendar…I don’t put too much stock in apocalyptic predictions; humans have been making them since the dawn of time, after all, without any success, and I’m an optimist by nature. But I confess that as I survey the world around me and what we humans are doing to planet earth it is increasingly difficult to envision a good ending…

The search team came and tore up my cell last week; it was a surgical strike (they came for me alone) and I was later told that “someone” wrote a snitch kite on me claiming (falsely) I had a weapon in my cell. I’m fairly certain it was someone trying to get a DR (disciplinary report) dismissed by dropping a dime on me on the hope they’d shake me down and find something, any kind of contraband, and the rat would then get credit for it. But I had no contraband so the snitch struck out. If the administration had any integrity they’d write the rat a DR for “lying to staff.” I spent several hours putting my cell back in order; it looked like a hurricane came through, all my property scattered everywhere. This is the kind of bullshit you have to put up with in prison; it’s the nature of the beast…

I just learned that Governor Scott has signed another death warrant and someone is on death watch on the bottom floor of Q-wing. Scott didn’t waste any time after the holidays; he seems determined to execute a record number of people at the pace he is setting…This is a depressing turn of events, a lousy way to begin the new year, at least from my perspective. The execution, when it occurs, will undoubtedly please some people, so it’s all a matter of perspective…

February 9, 2012
Yesterday the prison was locked down all day for the standard “mock execution”, the practice run which occurs a week prior to the actual premeditated killing. For the mock execution they lock down the joint, bring in an array of big wigs, and go through a dry run to make sure the death machine is in working order, everyone on their toes. The big wigs are just voyeurs, here to vicariously kill someone while allowing themselves the bare moral cover of not actually pushing the knife between the ribs. Their minions do the actual dirty deed while they can go home with technically clean hands. These mock executions are as depressing as the real thing, in the sense that it’s dispiriting to watch an entire organization (a prison, with all its constituent parts) so seriously dedicate their time and energies to practice killing a fellow human being, as if this is a good and natural thing to do. It takes some peculiar mental (not to mention moral) gymnastics to justify this to oneself, but we humans have proven ourselves immensely adept at self-delusion and hypocrisy, especially when we bring religion into the equation. We are really, really good at killing others in the name of God. We are a strange species, aren’t we?

February 25, 2012
Robert Waterhouse was scheduled for execution at 6:00pm this evening. In accordance with the established execution protocol he was strapped to the gurney and the needles were inserted into each arm about 45 minutes prior to his appointed time. Just before 6:00, however, he received a 45-minute stay which morphed into an almost 3-hour endurance test as he remained on the gurney as the seconds, minutes and then hours slid by at an excruciatingly slow pace, waiting for someone to tell him if hope was at hand, if he would live or die. Just before 9:00 he received his answer, the plungers were depressed, the syringes emptied and he was summarily killed. Here on the row we can discern the approximate time of death when we see the old white Cadillac hearse trundle in through the back sally port gate to pick up the body, the same familiar 1960′s era hearse I’ve watched for almost 40 years, coming in to retrieve the bodies of murdered prisoners, which used to happen on a regular basis back when I was in open population. I’ve seen a lot of guys, both friends and foes, carted off in that old hearse. Anyway, pause for a moment to imagine being on that gurney for over three hours, the needles in your arms. You’ve already come to terms with your imminent death, you are reconciled with the reality that this is it, this is how you will die, that there will be no reprieve. Then, at the last moment, a cruel trick, you’re given that slim hope, which you instinctively grasp. Some court, somewhere, has given you a temporary stay. You stare at the ceiling while the clock on the wall ticks away. You are totally alone, not a friendly soul in sight, surrounded by grim-faced men who are determined to kill you. Your heart pounds, your body feels electrified and every second seems like an eternity as a Kaleidoscope of wild thoughts crash around franticly in your compressed mind. After 3 hours you are drained, exhausted, terrorized, and then the phone on the wall rings and you’re told it’s time to die…

June 10, 2012
…Doing my own laundry (most of us do it) has become even more of an imperative over the last year or two. For starters, you cannot exchange your state clothes for clean stuff at the weekly laundry exchange because all the laundry issues now are old, ripped-up rags, stuff right out of a cartoon version of the rags Napoleon’s army wore as they withdrew from Russia. There is no money available here for any new clothing. The sheets, towels, socks, T-shirts and drawers are almost black with filth; they look like what mechanics use in garages to clean up with. The laundry has taken to cutting all the sheets in half lengthwise and cutting all the towels in half (sewing up the edges) to try to make things stretch. More basic than that, though, is that for at least a year, maybe two, the laundry has simply quit using any soap when it “washes” the clothes. They stuff they pass out stinks worse than it does when it’s turned in. If you do get something from the laundry, the first thing you and have to do is wash it. Most people do what I do, they bribe someone to get ahold of a couple of new sheets and a new towel, and then they just keep them, washing them by hand every week. Since we cannot obtain any laundry soap (for reasons unknown they stopped selling it to us 10 years ago) we’ve gotta use canteen-bought shampoo to do our laundry (VO-5 is the cheapest). And of course, we’ve gotta wash all our stuff in our toilets; this sounds gross to the uninitiated, but we keep our stainless steel toilets scrubbed clean. You then plug it up and flush it until it fills, then add shampoo and laundry and go to work. This is old-school and is universal in prisons around the country (although 95% of prisons have made this obsolete by offering real laundry services. But Florida in general and Florida State Prison in particular are 30 years behind the times and the administration seems to revel in its backwardness). Hell, this prison doesn’t even have hot water to the cells…

September 13, 2012
In the early morning hours of August 30, my friend Tom, who lived 2 cells down from me groggily awoke to find his face and pillow covered in blood and his tongue bitten about half off. He had no memory of what occurred. That morning his speech was slurred (over and above his extreme difficulty in speaking with a then-swollen, bloody tongue) and I noticed his thinking was confused. I told him he’d most likely had a seizure in his sleep (he has no history of seizures) and that because he was on high cholesterol medication he may have had a small stroke. Over the following days Tom suffered progressively severe headaches almost constantly and began sleeping excessively. His speech became increasingly slurred and his mental faculties were clearly compromised. I, and others, constantly urged Tom to try to get up to the clinic to see a doctor (even though the two doctors here are notorious quacks) and so he began trying to stop any passing nurses (who go down our row to deliver medications to some) to explain his situation, but none of them were interested. Most just said “put in a sick call slip.” At my urging Tom declared a “medical emergency” which is supposed to get you right up to the clinic. But instead, a nurse came to the wing, briefly examined Tom’s swollen (and now infected) tongue, gave him two Tylenol and told him he was just “out of luck” since no doctor was on duty on a Saturday night.

Meanwhile, day by day, Tom got worse. He knew something was wrong with him but seemed unable to figure out what to do. I wrote up a sick call slip for him (by this time his handwriting was illegible and he could not put his thoughts together) and the next day a “nurse” or M.T. (medical technician) came to “examine” him. He listened as Tom labored to explain what happened, starting with the seizure, then told Tom “Well, some people do this [bite their tongues almost in half] to get attention.” The M.T. then walked away…

October 2, 2012
…I stuck my mirror out, upon hearing the door roll, and saw Tom, a big bandage on his head, tottering slowly and unsteadily down the tier to his cell. That was on the 13th. For the next 5 days he laid on his bunk, often moaning, while receiving no medication at all (despite the surgeons having prescribed many drugs). Finally, after 5 days he began getting some, but not all, of the prescribed meds (no pain meds, of course). Importantly, he did not get the most crucial one, the one to stop his brain from swelling. So he was suffering mightily until just 5 or 6 days ago when he finally saw a free-world oncologist who was shocked that he was not getting the brain swelling medication. After another 3 days he finally began getting that one and he told me the relief was immediate. I knew it was bad when he kept telling me he had fluid coming out of his ears. He’s been told he’ll get chemo and radiation treatment but that remains to be seen…

October 25, 2012
Well, the execution has been cancelled, to the dismay of some around here. Ferguson was scheduled to die on the 16th, but just before then he got a 48-hour stay. Over the next week he got three such temporary stays from three different courts, with the sole issue being his sanity to be executed. Finally, it was supposed to happen for sure 2 days ago, on the 23rd, and we woke up to the standard execution-day procedures, eating all three meals very early, the entire prison being on lockdown, and all guards wearing their dress uniforms. As execution time (6:00 pm) neared the old white hearse pulled up outside the back sally port gate waiting to come in and pick up the body. As 6:00 came and went I assumed the execution had occurred but around 7:30 a guy on the other side of my wing, which looks out on the back gate and the rear of Q-wing (the death house), called me through the vent and said the hearse never came in, but instead had finally driven off. On the 11:00 news it was reported that the US Court of Appeals for the Eleventh Circuit, in Atlanta, had given Ferguson a stay of execution and that the US Supreme Court then approved the stay. (The accuracy of that precise chronology is debatable because reporters are notorious for mangling stories involving court decisions). At any rate, he got some kind of stay; how long that stay is remains unknown to me. I heard on one news report that the Eleventh Circuit granted the stay in order to decide “whether it is unconstitutional to execute the insane”…Now we go back on lottery watch, waiting to see whose death warrant the governor signs next, which is a great mood elevator for the upcoming holidays…

Last night’s mail brought me (and others) a notice that the mailroom had impounded and confiscated the latest issue of Newsweek because, the notice stated, it contained an article about “pot use in America.” Censorship like this, which implies serious First Amendment principles, used to be, and is supposed to be, rare. Only when an article clearly and unequivocally creates a substantial threat to the security of a prison should it be censored. But, over the years, the Florida DOC has gotten progressively petty (and ignorant) on this issue (since the law now practically forbids prisoners from filing law suits anymore) until we’ve reached our present state where these impoundments have become almost daily and for the most absurd reasons imaginable… With nothing to keep them in check (lawsuit-wise) the prisons do just whatever the hell they want to, knowing they are immune from challenge…

November 8, 2012
Another death row guy has died of cancer. I ran into Michael Bruno (whom I’ve known for over 20 years) in late July when I took a day trip to RMC (Regional Medical Center) for my upper GI tests. Bruno looked weak and had a persistent cough (the same cough Tom now has) and he’d just been diagnosed with lung cancer…He seemed to be doing pretty well, but on Friday, October 19th, he suddenly got ill and two days later he was dead. The cause of death, we were told, was septic shock, and I’m guessing the infection found its way into his system via the “port” they’d inserted into his chest to funnel the chemo directly into his lung. Prisons are filthy so putting a port into a guy’s chest while making him live in a cell is pretty much a prescription for disaster. This is especially true here in Florida where the DOC long ago quit issuing and buying (we used to manufacture them) the various cleaning chemicals we used to use to clean our cells and the whole prison, from powdered soap, liquid soap, disinfectants, bleach; all that is gone now and we must buy and use shampoo from the canteen to wash our clothes and clean our cells. This whole decrepit building is filthy and falling apart…

February 27, 2013
My old pal Tom died on Friday, Feb 8th at 4:10 pm, alone in the clinic isolation cell at UCI. I hate that he died alone, locked in a tiny cell with no property (no radio, TV or anything to occupy his mind) and nobody to converse with, just laying on his bunk, staring at the ceiling, waiting for his final escape. His loved ones, who were able to travel from Texas and North Carolina to visit him for three hours just two days before he passed away wrote and told me that he was very weak and gaunt, could not keep down any food or liquids, but was lucid enough for a meaningful visit, though just barely so. Although I know his death was inevitable and imminent, I’m surprised at how much it has affected me. I’ve seen an awful lot of death during my many years in prison (way too much death, in all its myriad variations), including some friends, but Tom’s has knocked the wind out of me.

Later last night they moved Paul off death watch on Q-wing and put him in the lone empty cell on my floor [after he received a stay of execution]. That’s gotta be a Hell of a transition; you are hours away from execution, you’ve had your final visits (imagine how emotional that is), made your peace with the inevitable, perhaps eaten your last meal, then, in a finger snap, you’re told you won’t be dying after all (at least not that night) and you are back on a regular death row cell talking with the Fellas. I’ve seen a number of guys go through this over the years, one of whom was just twenty minutes from execution in the electric chair when he got his unexpected stay. They moved him next to me and I was startled to see that his hair had turned almost entirely white during the six weeks he was on death watch. He died quietly in his sleep from a heart attack about six years later, right here on this floor.

It’s surprising to me that more prisoners here don’t kill themselves given the long term extreme isolation and punitive conditions, the hopelessness that comes from being confined for years in a tiny cage with virtually no property and certainly no programs or anything to engage the mind or offer any shred of hope. I’m referring specifically to the 1,000 men in close management status here (close management being a euphemism for long-term solitary confinement lasting years and years). Death row conditions are marginally better; at least we get visits and we can buy a little TV or radio (or now an MP3 player), but the flip side is that we spend decades in these cells and unless you possess a stout mind (and body) this inevitably erodes your constitution, often without you even knowing it. I’ve seen too many men go insane, a sad and scary thing to behold, or just throw in the towel and kill themselves, or get the state to do it for them by giving up their appeals and demanding to be executed…

April 10, 2013
On April 10, Larry Mann was executed downstairs. Seven days later Governor Scott signed another death warrant, for a guy out of Orlando named Elmer Carroll, who happened to be my next door neighbor. We were out on the rec yard when a lieutenant holding a bunch of chains showed up and took Elmer away, and while they didn’t tell him why they were taking him in I knew something was up. When I came back in, his cell was stripped and he was down on the bottom floor of Q-Wing on death watch…

The governor is wasting no time executing people, he’s killing a guy every 60 days, as regular as a metronome. Still, that is insufficiently bloodthirsty for a majority of our state representatives. This morning I watched, on the local Public Television Channel, the floor debate in the House on a bill designed to “speed up the death penalty.” Various politicians stood up to argue pro and con, and several invoked the Bible (notably the Old Testament) to justify killing us all as quickly as possible, while one guy repeatedly referred to all of us as “animals.” I have not read the bill so all I know about its particulars is what I could glean from the comments made by those who spoke up for or against it…One representative stated that if the bill becomes law (and it surely will) Florida “will execute between 13 and 90 prisoners in the next six months.” I don’t know if that’s accurate but he must have had some basis to come up with those particular numbers. Those who argued against the bill, urging caution and reminding the crowd that Florida leads the nation (by far) in death row prisoners exonerated, often 10, 15, 20 years after conviction, were steamrolled down by the Republican supermajority and the bill passed by a wide margin…

May 3, 2013
Today Governor Scott signed my death warrant and my execution date has been scheduled for June 12th, at 6pm. I wasn’t really surprised when they showed up at my cell door with the chains and shackles; for the last month or so I’ve had a strong premonition that my warrant was about to be signed, but that wasn’t something I wanted to share with you.

Sis, you know I’m a straight shooter, I’m not into sugar coating things, so I don’t want you to have any illusions about this. I do not expect any delays or stays. This is it. In 40 days these folks will take me into the room next door and kill me…

When your warrant gets signed so many things suddenly become trivial. I’ve already thrown or given away 95% of my personal property, the stuff that for years seemed so important. All those great books I’ll never get to read; reams and reams of legal work I’ve been dragging around, and studying, for 2 decades and which has suddenly lost its relevance. My magazines and newspapers stack up unread; I have little appetite to waste valuable, irreplaceable hours reading up on current events. Does it really matter to me now what’s happening in the Middle East, or on Wall Street, or how my Miami Dolphins are looking for the upcoming new season? What’s the point? Ditto the TV; I’m uninterested in wasting time watching programs that now mean nothing in the grand scheme of things. The other day I caught myself reaching for my daily vitamin. Really?, I wondered, as the absurdity hit me. Likewise, after 40 years of working out religiously, that’s out the window now. Again, what’s the point?…

May 12, 2013
On Tuesday they came and measured me for my execution/burial suit. Sometime soon I’ll be given the details on how “the body” will be disposed of following the legally required autopsy (will my cause of death really be a mystery?). I understand the State will pay for a cremation should I choose this form of disposal (I do) and my ashes will be available at a Gainesville Funeral home; but don’t quote me on that yet. Discussing the practical aspects of my upcoming death was a little disconcerting, but I took it in stride.
I’ve been on death watch for 10 days now and I have 31 days left to live. (It seems surreal when I write that out, and just as surreal that all those around me accept this as a normal and natural thing). My cell (one of three) is next to the execution chamber so I won’t have far to walk. There’s another guy down here with me, his execution is set for 2 weeks before mine so assuming he doesn’t get a stay I’ll have a front row seat to how the final days and hours play out. Aren’t I lucky?

May 19, 2013
I’ve got 25 days left to live. It isn’t normal to be able to write something like that, and that sense of surrealism permeates every hour down here. Making a man spend his last six weeks ticking off every minute, hour and day of his life left on earth constitutes cruel and unusual punishment by any definition. And it certainly constitutes, as a matter of law, two of Florida’s statutory aggravating circumstances (used by the state to justify the imposition of death sentences), to wit: 1) the killing is cold, calculated and premeditated; and, 2) the killing is heinous, atrocious and cruel. Although I’ve fully accepted my circumstances, I know it’s going to happen and I’ve come to terms with it, that does not obviate the fact that it just isn’t right to do this to people, and for society to accept this as normal or natural, well, it speaks more about our society than it does about those being so efficiently dispatched down here in the bowels of this penitentiary…

There are now three of us down here on death watch; all our executions are spaced 2 weeks apart. The guy with senior status (Elmer) is set to die on May 29th, 2 weeks before me. Last week the Florida Supreme Court denied his last-ditch appeal and he’s got no place left to go. He does not know much about the law or court procedures but he told me he knows there is now nothing between him and his date with death. He’s resigned to his fate and I hear him pacing the floor a lot, a pacing that is gradually morphing into a listless shuffling, as if all hope has deflated from his body, like air leaking from a punctured tire. It’s a sad, melancholy sound when you know its context. I choose to remain active, vital and alive, my spirit, intellect and even my humor undiminished, and I’ll remain so until they shoot that poison into my veins and snuff out the candle of this physical vehicle…

May 22, 2013
I have 21 days left to live. The fickleness, the arbitrariness, the fleeting nature of life itself is on display daily throughout our world but as good an example as any occurred here on Monday morning when, as I was being dressed out here on Q-Wing for a visit, a sudden radio call brought the wing officers rushing upstairs where they found a prisoner (non-death row) hanging in his cell. After 20+ years in prison this guy (Earl) had finally given in to the utter hopelessness that can seize the heart and spirit of any man mired forever in an American maximum security prison. The irony wasn’t lost on me that while 3 of us on death watch are fighting to live, this poor soul, living just 10 feet above us, stripped of all hope, had voluntarily surrendered his life rather than continue his dismal existence. When nothing but a lifetime of suffering lays ahead – with no hope, no promise, no opportunity to change your fate – the idea of utter annihilation can come to look appealing in contrast. When everything has been taken from you, the one thing you have left, that nobody can take away, is the decision to live or die. In that context choosing death can look like freedom…

Today my neighbor, Elmer, went on Phase II of death watch, which begins 7 days prior to execution. They remove all your property from your cell while an officer sits in front of your cell 24/7 recording everything you do. Staff also performs a “dry run” or “mock execution”, basically duplicating the procedures that will occur 7 days later. This is when you know you’re making the final turn off the back stretch, you know your death is imminent, easily within reach, you can count it by hours instead of by days. Right now I’m on deck; when Elmer goes I’ll be up to bat (that’s enough sports metaphors for now)…

May 28, 2013
Tomorrow Elmer will be executed and I’ll be next up to bat, with 15 days to live. A situation like this tends to make you reflect on the elusive nature of time itself, which some folks – physicists and metaphysicists alike – claim is an illusion anyway. Real or not it sure seems to be going someplace quickly!…

This may be my last letter to reach you before you begin your journey down south to be by my side for my final days. These many visits I’ve recently received from those who love me have been a blessing for me. I’m acutely aware that some guys on death watch have absolutely nobody to help them bear their burden during their last days and hours on earth, not a soul willing to share some love. It’s a terrible thing to die all alone…

I read in a recent newspaper article that the brother and sister of Fred Griffis, the victim in my case, are angry that I’m still alive and eager for my execution. These are understandable human feelings. I have a brother and sister myself and I cannot honestly say how I would deal with it if something happened to you or Jeff at the hands of another. I have thought of Fred many times over the years and grieved over his senseless death. I feel bad for Fred’s siblings though if seeing another human being die will truly give them pleasure. I suspect when I’m gone, if they search their hearts, they will grasp the emptiness of the closure promised by the revenge of capital punishment. There’s a lot of wisdom in the old saying “An eye for an eye soon makes the whole world blind…
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Update: William Van Poyck was executed by lethal injection, and pronounced dead at 7:24 pm on June 12, 2013.

Jalil has his own blog now

From: Jericho
————-
Greetings Friends & Comrades

Jalil has a new blog and he asked me to send out this link to encourage political dialog, as he is hungry for political discussion with us on the out side.

http://freejalil.com/index.html

Correspondence:

Jalil Muntaqim / A. Bottom 77A4283,
Attica C.F.
P.O. Box 149
Attica, NY 14011-0149

Wisconsin Prison Watch – March 2009 Newsletter

Friends,

Prisons are in the news! There’s a lot of press and a lot of discussion, and not just the usual nonsense stories like the State Journal ran about “Anything Can Be A Weapon, In Prison”, and “State Plans Hospice Beds in Every Prison”. We emailed the author of those two pieces… see page 4.

The truth about the decaying, overcrowded, ineffective and, costly prison system are big news. Most of you have been reading the papers and watching on TV, so we won’t repeat what everyone already heard. But for a quick synopsis…

In early January, Mead & Hunt came with a study that recommended the DOC spend 1.2 billion to build and upgrade the system.

Then, news of yet another study by the Justice Reinvestment Strategies that will, when it’s finished, tell us what we already know. THE SYSTEM IS BROKEN!!!

Then, Governor Doyle announced his budget including some provisions for releasing non-violent offenders.

Then, the PEW Institute came with a study indicating that one in every thirty-one citizens of Wisconsin is under the heel of the State.

So now, due to monetary constraints, the Governor sounds like a progressive on prison policy. Rick Raemisch sounds like a born-again reformer and even the prison guards’ union has endorsed the early release scheme. It’s scary to be on the same side of an issue with those criminals.

Your editor joined a delegation of PAW members on a lobbying day in Madison. We met with Senators, Representatives and members of Governor Doyle’s staff. Our primary focus was objecting to the reappointment of Alfonso Graham and we used the Governor’s budget proposal and the new studies to assert our view that keeping men locked up, doing dead time, is a stupid waste of money and lives. We didn’t say it like that, but they got the message.

We made sure the Governor’s staff understood that we are opposed to the idea of Al Graham as head of the new proposed commission that will review all prisoners for early release. We see a golden opportunity to say good bye to the Fonz when a new commission is organized, melding the Parole Commission and an Early Release program for TIS prisoners.

One important facet of this coming struggle, and one that every politico mentioned is that they need political cover, meaning that they need people to be loud and vocal in their support of the Governor’s proposals. They will be getting

flack from the right-wing, including politicians, the press, the cops, and DAs. Those of us who agree with the Governor’s proposal must be loud and clear in support.

PAW will be attending some of the Joint Finance Committee hearings being held around the state, with signs, press interviews, press conferences, and testimony to the Committee members. We urge all concerned citizens to write to your representative and to the Joint Finance Committee to let them know you support Governor Doyle’s proposal to release non-violent offenders. Contact info on page 5.

The reasons for the proposed changes are budgetary shortfalls. Fear mongering politicians and “successful” DAs have driven the budget over a cliff. They’ve built their careers on the backs of the poor and minorities and this ugly truth must be exposed at every opportunity.

Since this “change of heart” is not based on moral or ethical grounds it is not likely that we are witnessing a turn towards a more progressive criminal (in)justice policy or a more rehabilitative prison policy. What we are likely to see is further “cost cutting” which could mean anything to the DOC. One thing for sure, we won’t see a reduction in the overuse of segregation cells, or an improvement in the conditions of confinement, or a functioning ICRS, or improved health care, or job training, or education, or rehab.

So, we support the proposed changes but we must not become complacent and eager to join the reformers. We must remain vigilant and aggressive in our pursuit of HUMANITY for prisoners and ultimately abolishing the Prison Industrial Complex.

At NLCI a prisoner was yelled at because he had forgotten to take his hat off inside the main building. He turned to the guard and said, “I’m human, I forgot”. The guard responded, “you’re not human, you’re an inmate”. Debasement is the first necessary step towards abuse and worse. If you’re not human, they can do anything to you.

The guards are revving up the John Doe “reform” again. Both the Senate and Assembly had hearings on this Bill. I wonder why we even care about this because the DA’s will never prosecute “one of their own”. Look, Ken Harris has been trying to get his case investigated for 3 years now. He has a nurse witness (who the DOC retaliated against). He just won $75,000 in civil court on the same abuse but can’t even get a DA to listen to his story. DA Steve Bauer (now Judge Bauer) refused to investigate. Sauk Co. DA Barrett refused to investigate. When you’re an inmate, you’re not human and when you’re abused, you probably deserved it. That’s why WPW is out here!

in solidarity, WPW

page 1,
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Lawsuit Calls Prison Meds Program ‘disaster Waiting’
Wisconsin State Journal
Saturday, January 24, 2009
By CARRIE ANTLFINGER Associated Press

The American Civil Liberties Union filed a motion in federal court Friday asking that Wisconsin’s largest women’s prison reform the way it administers medication, calling the current system a “disaster waiting to happen.”

The ACLU and the law firm Jenner & Block claim prisoners at Taycheedah Correctional Institution near Fond du Lac are forced to wait weeks for medicine, and when their medications arrive, they are often the wrong types or doses. The prison houses 700 maximum and medium security prisoners.

“The medication system at Taycheedah is a disaster waiting to happen,” Gabriel Eber, staff attorney with the ACLU National Prison Project, said in a statement. “For some medications, there is not even a system of checking for dangerous interactions between drugs before a prisoner starts taking a new prescription.”

John Dipko, a spokesman for the state Department of Corrections, issued a statement saying progress has been made in improving health care for Taycheedah inmates, “and this commitment to improved health care will continue into the future.”

No hearing has been scheduled yet on the motion for preliminary injunction, but Eber said in an interview that if the judge rules in the favor of the ACLU, the prison would have to institute the changes within 60 days.

The motion was filed in U.S. District Court as part of a 2006 class-action lawsuit on behalf of all Taycheedah prisoners. The lawsuit claims the prison’s medical, mental and dental care is grossly deficient and has caused its female prisoners great physical and mental suffering.

The motion asks state officials to ensure that medical prescriptions are filled quickly and accurately and administered by nurses.

Currently, correctional officers with no medical training administer medications, according to the motion. Taycheedah is one of the few state prisons in the nation that does not require nurses or trained medical personnel to administer medications.

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Leaving a Paper Trail
by Debi Christie, TCI

Everyone knows that the Department of Corrections hires the corrupt and the lazy but the staff hired for the female prisons are unbelievably corrupt. I am one of those people who believe in leaving a paper trail through the Inmate Complaint System and have even had some of those complaints “affirmed”.

My most recent complaints deal with getting my property sent from the John Burke Center. Many personal items and legal paperwork were not returned to me after my move back to TCI. Just because a DOC flunky doesn’t want me to have these items, I supposed to accept this warped thinking.

After filing many complaints with the ICRS I was FINALLY granted the right to have my legal paperwork but now TCI property officers have deemed these items “contraband” because they didn’t like the ICRS decision. They even forged a money disbursement to send these items out of the institution!

This is typical of TCI staff, so now I’ve filed a Notice of Claim with the Attorney General against these corrupt state employees. I will also ask for a John Doe investigation into the theft of my property.

I want everyone who is subjected to this sort of corruption and incom-petence to remember that an administrative decision is NOT FINAL. Take your grievance to court and make their corruption known to the public.

Some times it just feels good to know we have done all we can to hold these people accountable. That is why it is so important to exhaust our administrative remedies and follow up through the court system.

*******************

Silence, they say, is the voice of complicity. But silence is impossible. Silence screams. Silence is a message, just as doing nothing is an act. Let who you are ring out & resonate in every word & every deed. Yes, become who you are. There’s no sidestepping your own being or your own responsibility. What you do is who you are. You are your own comeuppance. You become your own message. You are the message. In the Spirit of Crazy Horse : Leonard Peltier

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Letter to Judiciary Committee re John Doe Reform
March 9, 2009

Members of the Judiciary Committee,

I write in opposition to the proposed John Doe reforms.

There have been a lot of hysterical cries from the prison guards’ union who claim John Doe filings are used to persecute guards.

The truth of the matter is, there are some abusive guards in the DOC system and the internal mechanisms are unable to control them. 95% of all complaints filed by prisoners against guards are dismissed by the Inmate Complaint Examiners, and many prisoners do not complain for fear of retaliation.

The system is either not willing or unable to clean its own house. John Doe complaints allow prisoners to get beyond the nepotism and cronyism of the internal complaint system and find some semblance of justice.

District Attorneys are not keen on prosecuting guards accused of abusing prisoners either. They are “team players” and see themselves as part of the team along with police and prison guards upholding the law. They are not unbiased in their prosecutorial discretion. To allow them to filter reports of abuse will only increase the frustration and resignation building in the prisons.

The real and lasting way to stop (or slow) John Doe filings is to reform the Inmate Complaint Review System. Thwarting prisoners’ access to the courts is a regressive way of dealing with the symptom of a disease while allowing the cause to continue growing.

Respectfully submitted,

Frank Van den Bosch
Wisconsin Prison Watch
P.O. Box 292
Boscobel, WI 53805

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“When a man has so far corrupted and prostituted the chastity of his mind, as to suscribe his professional belief to things he does not believe; he has prepared himself for the commission of every other crime.”~Thomas Paine “The Age of Reason”

 

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Court of Appeals Rules Against Pigs That Don’t Fly Straight

by: Mustafa-El K.A. Ajala

Madison, WI – On December 30, 2008, the Wisconsin Court of Appeals issued its ruling in the case of State v. Raynard R. Jackson, 2008 Wisc. App Lexis 1042. The Court ruled that Jackson, as others before him, should have been allowed to present, at his trial, evidence of corruption and abuse by the arresting officers in his case, one of which was convicted for his criminal acts in Federal Court – although, only misdemeanors.

Ala W Awadallah, convicted in U.S. v Awadallah, 05-M-408 (E.D. Wis.), was one of a ring of corrupt District 3 and District 5 Milwaukee Police Department (MPD) pigs that didn’t fly straight. They specifically targeted young brothas and sistahs of Alkebulan (Afrikan) descent. Their criminal acts included planting drugs and guns on “suspects”, robbing them of their possessions, extorting them for weapons, and engaging in serious physical assaults. In Jackson’s case, the drop gun planted on him was a .40 Glock that had no prints of Jackson on it, was not reported stolen, was identical to the police issued guns, and was placed in inventory by Awadallah – no surprise.

Other pigs associated with the corruption, though not charged criminally were, Paul Lough, Thomas Dineen, Virgil Cotton, Jason Mucha, and Kathleen Huber, as well as officers by the name of Harris, Dodd, and Westergard. If any of them were involved in your case you may want to review Jackson’s decision, along with State v Missiouri, 714 MW. 2d 595 (Wis.App.2006) – the corruption case that preceded Jackson’s and led to a favorable ruling.

Jackson’s appellate counsel was James R. Lucius during the time when the MPDs pattern of corruption became public, although Lucius failed to cite Missouri or bring any of this up on appeal. Lucius’s license has since been suspended in Disclipinary Proceedings against James R. Lucius, 2008 WI 12.

No MPD pig was ever charged with any serious felony, such as extortion, possession of drugs, illegal weapons possession, robbery, intimidating witnesses, etc., etc. However, the untold story here is that of Earl Cosey and Michelle Mac Donald, a Milwaukee couple who had the sense and nerve to record Awadallah’s attempt to shake them down for a “chopper” or 2 pistols in exchange for the return of $200 and an eightball of cocaine. If obtained, that “chopper” and/or the pistols would, no doubt, have been planted on other unsuspecting targets and, to be sure, there are lousy creeps in the system right now who have done and continue to do the same thing – working deals with corrupt pigs and other members of the judicial mob (State’s attorneys or their own attorney) in exchange for lenient plea deals.

There’s a moral to this story… A pig, as opposed to a police officer has no morals. When you step comrades, be prepared to battle them, legitimately, ie. with your own surveillance apparatus – home camcorders and security cameras (indoors and out), built in cameras on the ride (and in the trunk), hidden mics, cell phone cameras and recorders. You’re bound to encounter one of these pigs, on the take, or worse. Exercise your 5 Ps (Proper Protection in Preparation for Pigs on the Prowl) and you just might preserve your freedom, possibly your life, the life and or freedom of others, and likely get paid in the process, Insha’ Allah.

In the trenches,
your Bro. Mu-El

Mustafa-El K.A. Ajala
(FKA Dennis E. Jones-El)
P.O. Box 9900 – WSPF
Boscobel, WI 53805

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Doyle’s Budget Proposal
Budget in Brief 2009

http://www.doa.state.wi.us/debf/pdf_files/bib.pdf

Ensure wise allocation of taxpayer resources and the highest levels of public safety through better use of data, new measures to reduce recidivism and streamlined sentence review processes:

* Transfer to the Division of Hearing and Appeals the authority to determine the length of reconfinement for revocation from extended supervision, not to exceed the time remaining on the bifurcated sentence.

* Allow the secretary of the Department of Corrections to release to extended supervision persons serving the confinement portion of a bifurcated sentence who are within 12 months of release to extended supervision and meet certain eligibility criteria.

* Transfer from the sentencing court to the secretary of the Department of Corrections the authority to review petitions and release terminally ill inmates to extended supervision so long as the public safety is maintained.

* Rename the Parole Commission as the Earned Release Review Commission and expand its duties to include sentence adjustment for Class C to I felonies for both the confinement and extended supervision portions of a sentence.

* Expand the Earned Release Program and the Challenge Incarceration Program to include inmates with programming needs other than substance abuse, to allow the inmates deemed eligible at sentencing to earn early release by fulfilling certain requirements while in prison.

* Eliminate community supervision of certain low-risk misdemeanor probationers, as determined by the offense and a risk assessment performed by the Department of Corrections.

* Provide $6.5 million and 18.00 FTE positions to improve offender reentry into the community by providing tools for offender risk assessment, to better manage purchase of services dollars, research and measure programs, and maintain dual-diagnosis rehabilitation programming.

* Expand eligibility for record expungement to include individuals up to 25 years of age, and to include nonviolent Class H to I felonies, allowing more young people to learn from their mistakes and start a new life with a clean slate.

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Greek Prisoner Hunger Strike Ends
By James Jameson

Political prisoner or not, inmates are widely known to be some of the most horribly treated and forgotten people, abused as though they are not human. In a nationwide act of solidarity, more than 7,000 prisoners throughout Greece went on hunger strike on November 3, to finally fight back for their own rights. A dedicated 19 prisoners went so far as to sew their own mouths shut. The move to boycott food ended after 18 days when the inmates won their protest as the Ministry of Justice conceded to a series of requests. This is a notable for prisoners all over the world. There is hope that more inmates will take cue and demand humane treatment for themselves, and it’s important that those of us in radical, active movements who aren’t in prison do what we can to assist in this cause.

The hunger strike was enacted to highlight a 45-point list of demands. Involving 21 prisons across Greece, inmates protested unreasonable living conditions, such as poor access to basic hygiene and sanitation, a reduction of exacerbated sentences, improper medical care and severe overcrowding. Greece has the most over-crowded prisons in Europe, with nearly 11,000 inmates sardined into jails designed to hold slightly more than 7,000 people. Many of these prisoners are drug addicts and offenders with no opportunity for rehabilitation services. Detainees wait an average of 12 months in pre-trial detention before they are able to have their cases heard.

During the hunger strike, many solidarity actions were carried out by anarchists, humanitarians and other sympathizers. Greek embassies in many countries were targeted, as several mass protest marches added to the solidarity movement.

In response to the prisoners’ demands, the Ministry agreed to the following:

1) All persons convicted to a sentence of up to five years for any offense, including drug related crimes, can transform their sentence into a monetary penalty. This will not be allowed in the case that the jury decides that the payment is not enough to deter the convict from committing punishable acts in the future.

2) The minimum sum for transforming one day of prison sentence to monetary penalty is reduced from around $13 to around $4, with the provision of being reduced to around $1.50 by decision of the jury.

3) All people who have served one-fifth of their prison sentence for two-year sentences and one-third for sentences longer than two years are to be released, with no exceptions.

4) The minimum limit of served sentence is reduced to three-fifths for conditional release and for convicts of drug related crimes. Those condemned under conditions of certain laws are exempted.

5) The maximum limit of pre-trial imprisonment is reduced from 18 to 12 months, with the exception of crimes punished by life or 20-year sentences.

6) The annual tome of days-off prison is increased by one day.

7) Disciplinary penalties are to be integrated.

8) Integration after four years into national law of European council decision of drug trafficking.

9) Expansion of implementation of conditional release of convicts suffering from AIDS, kidney failure, persistent Tuberculosis and tetraplegics.

“The amendment submitted to the Parliament by the Ministry of Justice tackles but a few of our demands,” said the Prisoner’s Committee in a press release. “The minister ought to materialize his promises for the immediate release of the suggested number of prisoners announced, and, at the same time, implement concrete measures regarding the totality of the demands. We, the prisoners, treat this amendment as the first step, a result of our struggle and of the solidarity shown by society. Yet, it fails to cover us, it fails to solve our problems. With our struggle, we have first-of-all fought for our dignity—and this dignity we can not offer as a present to no minister, to no screw. We shall tolerate no arbitrary facts, no vengeful relocation, no terrorizing disciplinary act. We are standing, and we shall remain standing.

“We demand from the parliament to move towards a complete abolition of the limit of four-fifths of served sentence, the abolition for accumulated time for disciplinary penalties, the expansion of beneficial arrangements regarding days-off, and conditional releases for all categories of prisoners,” continued the Prisoner’s Committee.

“Moreover, we demand the immediate legislation on the presently vague promises of the minister of justice regarding the improvement of prison conditions (abolition of juvenile prisons, foundation of therapeutic centers for drug dependants, implementation of social labor in exchange for prison sentences, upgrading of hospital care of prisoners, incorporation of European legislation favorable to the prisoners in Greek law, etc.).
“Finally, we offer our thanks to the solidarity movement, to every component, party, medium and militant who stood by us with all and any means of his or her choice, and we want to declare that our struggle against these human refuse dumps and for the victory of all of our demands continues.”

As these prisoners have demonstrated, when people pull together, the authorities must listen. All we can do now is wait for proof that the ministry will keep it’s end of the bargain. One has to wonder about all of the things that could be accomplished if enough of us made ourselves heard as loud and clear as these prisoners have done.

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ATTENTION CONS

In November of ‘08, myself and Shaun Matz were appointed counsel by Judge Crocker in our lawsuit against WCI. (Schumacher v Frank et al. 08-CV-228 and Matz v. Frank et al. 08-CV-491). Both cases deal with the conditions of confinement in segregation & we are looking for anyone who has been in segregation here to write up affidavits. We want to know what your experience was like; what you went through. We want to know how you were treated, cell extractions you went through, observation placements, suicide/self harm attempts, how clinical services treated you, recreation, temperature in the cells, lights, property, etc.

Were also looking for affidavits from anyone on AC at GBCI, CCI, WSPF showing how these segregation units are run.

You can send the affidavits to myself or Shaun through legal route. Matthew Schumacher #369487 or Shaun Matz #264654 at WCI. We will get this info to our attorneys. We are on the brink of getting this place changed and would appreciate your support.

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The masses have never thirsted after truth. Whoever can supply them with illusions is easily their master; whoever attempts to destroy their illusions is always their victim”. Gustave Le Bon;”The Crowd”

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Committee on Judiciary, Corrections, Insurance, Campaign Finance Reform, and Housing (Senate)
Senator Lena Taylor (Chair) D
Room 415 South
State Capitol
P.O. Box 7882
Madison, WI 53707-7882
(608) 266-5810
District Telephone
(414) 342-7176

Jim Sullivan (Vice Chair) D
Room 15 South
State Capitol
P.O. Box 7882
Madison, WI 53707
(608) 266-2512 Or (866) 817-6061

Jon Erpenbach D
Room 8 South
State Capitol
P.O. Box 7882
Madison, WI 53707-7882
(608) 266-6670 Or (888) 549-0027

Glenn Grothman R
Room 20 South
State Capitol
P.O. Box 7882
Madison, WI 53707-7882
(608) 266-7513 Or (800) 662-1227

Randy Hopper R
Room 108 South
State Capitol
P.O. Box 7882
Madison, WI 53707-7882
(608) 266-5300

Committee on Corrections and the Courts (Assembly)
Representative Joe Parisi (Chair) D
Room 126 North
State Capitol
P.O. Box 8953
Madison, WI 53708
(608) 266-5342

Chuck Benedict (Vice Chair) D
Room 306 West
State Capitol
P.O. Box 8952
Madison, WI 53708
(608) 266-9967

Donna Siedel D
Room 218 North
State Capitol
P.O. Box 8953
Madison, WI 53708
(608) 266-0654 Or
(888) 534-0085

Frederick Kessler D
Room 302 North
State Capitol
P.O. Box 8952
Madison, WI 53708
(608) 266-5813

Sondy Pope-Roberts D
Room 209 North
State Capitol
P.O. Box 8953
Madison, WI 53708
(608) 266-3520 Or (888) 534-0079

Ted Zigmunt D
Room 420 North
State Capitol
P.O. Box 8952
Madison, WI 53708
(608) 266-9870

Sandy Pasch D
Room 122 North
State Capitol
P.O. Box 8953
Madison, WI 53708
(608) 266-7671 Or (888) 534-0022

Karl Van Roy R
Room 123 West
State Capitol
P.O. Box 8953
Madison, WI 53708
(608) 266-0616 Or (888) 534-0090

Mark Gundrum
Room 119 West
State Capitol
P.O. Box 8952
Madison, WI 53708
(608) 267-5158 Or (888) 534-0084

Steve Kestell R
Room 15 West
State Capitol
P.O. Box 8952
Madison, WI 53708
(608) 266-8530 Or (888) 529-0027

Daniel LaMahieu R
Room 17 North
State Capitol
P.O. Box 8952
Madison, WI 53708
(608) 266-9175 Or (888) 534-0059

Edwards Brooks
Room 20 North
State Capitol
P.O. Box 8952
Madison, WI 53708
(608) 266-8531 Or (877) 947-0050

Joint Committee on Finance (budget)
Senate Members
Senator Mark Miller, Co-Chair D
Senator Dave Hansen D
Senator Lena Taylor D
Senator John Lehman D
Senator Judy Robson D
Senator Julie Lassa D
Senator Alberta Darling R
Senator Luther Olsen R

Assembly Members
Representative Mark Pocan, Co-Chair D
Representative Pedro Colón D
Representative Cory Mason D
Representative Jennifer Shilling D
Representative Gary Sherman D
Representative Tamara Grigsby D
Representative Robin Vos R
Representative Phil Montgomery R

Committee Clerk:
Charlene Vrieze
Room 305 East, State Capitol
Madison, WI 53702
(608) 264-8314

Office of the Governor, Jim Doyle
Madison Office
P.O. Box 7863
Madison, WI 53707
608-266-1212

Northern Office
400 4th Avenue South
Park Falls, WI 54552
715-762-5900

Milwaukee Office
Room 560
819 North 6th St.
Milwaukee, WI 53203
414-227-4344

NOTE:
As you will notice, the Democrats outweigh the Republicans in every committee and are the Chair of every committee. You can write to the Republicans if you feel like getting something off your chest, but don’t expect a response or to change their minds.

When writing any of these officials, try to be respectful and polite… even if you’re mad as Hell.

 

STAND UP AND HOLLER!!!

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“My generation’s apathy. I’m disgusted with it. I’m disgusted with my own apathy too, for being spineless and not always standing up against racism, sexism and all those other -isms the counterculture has been whinning about for years.” : Kurt Cobain

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PRISON ACTION WISCONSIN

PREPARED STATEMENT TO JOINT FINANCE COMMITTEE – MARCH 25, 2009

We are here in support Governor Doyle’s budget provision calling for an Early Earned Release program for non-violent offenders sentenced under Truth in Sentencing. This provision is smart on crime, not “tough on crime”. Tough on crime has clogged our judicial system and overfilled our prisons. Governor Doyle’s provision addresses one of those problems in a safe, sane and just manner. We are at a turning point – either we follow the proposals outlined in the Hunt & Mead survey and spend 1.2 billion on upgrading and building new prisons as the study suggests or we reduce the pressure on the facilities and staff by releasing nonviolent offenders.

Following are some of the reasons we support the Governor’s proposal:

1. Prisons are overcrowded. They are at 120% occupancy. The facilities and rehabilitative programs are inadequate to handle this amount of prisoners. This overcrowding creates unsafe conditions for both guards and prisoners.

2. The cost of housing 22,000+ prisoners in Wisconsin is nearly $30,000 per year per prisoner. Taxpayers cannot afford to sustain these costs any longer. This money could be more effectively spent in the communities for rehabilitation and job training.

3. The majority of prisoners are incarcerated for crimes committed because of drug and/or alcohol problems. The “Treatment Instead of Prisons” legislation which has been passed will save millions of dollars. It is, in fact, what is being done in Minnesota and they have less than half the number of prisoners as Wisconsin. Minnesota has the same demographics as Wisconsin in crime rates and population.

4. The human costs must also be taken into consideration. The families of the inmates are suffering. Children need fathers and mothers for stability. Keeping offenders in their community will help stabilize the families and prevent another generation of prison expansion.

5. Under the Earned Early Release program there will be extended supervision which is a good corrections policy to help ex-offenders become productive members of society through rehabilitation and treatment programs. It will encourage better behavior and make the streets safer.

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PRISON ACTION WISCONSIN
P.O. Box 05669
Milwaukee, WI 53205

Meetings: second and fourth Saturday of every month
Time: 10 am to noon
Place: All God’s Children Church
3356 N. Martin Luther King
Milwaukee WI.
Pastor Lee Shack

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Economic crisis propels prison system changes
Shelley Nelson Superior Telegram
Published Tuesday, March 03, 2009

With the cost of housing just one of the state’s 23,000 prison inmates at $29,000 per year, Wisconsin is looking for ways to get smart on crime.

Department of Corrections Secretary Rick Raemisch was in Superior on Monday to meet with local law enforcement to highlight some of the changes proposed as the state faces a $5.7 billion budget shortfall. Among the changes is a new evaluation system that could keep low-risk, nonviolent offenders out of state prisons and low-risk offenders who’ve committed misdemeanor crimes off the state’s probation system.

Superior Police Capt. Chad La Lor said Monday’s session was the first he heard of dropping supervision for misdemeanor offenders. He said even if offenders aren’t actively supervised, probation provides a mechanism to bring an offender in quicker when they reoffend. “You get in this cycle ‘it’s a minor crime,’ but when there are true victims, there are no minor crimes,” La Lor said.

The budget for corrections is about $1.2 billion, a cost that could double in the next 10 years if the state doesn’t develop new strategies, Raemisch said.
“There always will be a need for prisons to house violent criminals who pose a threat to public safety, but … we need to invest in strategies beyond prison expansion to curtail corrections spending and reduce recidivism,” Raemisch said.

The budget proposed by Gov. Jim Doyle for the next two years would start the state on that path.

The goal of the new strategy is to protect public safety by keeping violent offenders in prison, but providing opportunities for nonviolent offenders to complete treatment so they can succeed and become productive citizens when they return to their communities, Raemisch said. Under the proposed changes, offenders would be evaluated to determine the level of risk they pose to the community and provide services to help low-risk offenders.

The state would expand services in the Earned Release Program to provide services needed for successful reintegration in the community. Currently, drug and alcohol treatment are provided, but an offender may need education and job skills, Raemisch said. He said the goal is to provide what the offender needs. “This whole do-the-crime, do-the-time strategy is taxing people out of their homes and probably closing schools as we build prisons,” said District Attorney Dan Blank.

Currently, 1 in 39 Wisconsin adults are under some form of control of the state’s corrections department, whether probation, extended supervision, local jails or prison, according to a study released Monday by the Pew Center, an independent nonprofit that uses analysis to improve public policy.

While 1 in 26 Minnesota adults are under some form of corrections control, the state’s prison population is only about 9,000, Raemisch said, suggesting there could be a better way to deal crime.

“If we reduce our population more, that just means less cost for criminal justice system, less crime, less victims, and the savings just goes on and on,” Raemisch said. “We’re talking about changing people’s lives and working in a positive nature, and that’s just going to help the state.” Of the 23,000 people currently in the state prison system, 3,000 automatically would be evaluated for risk when the law passes, he said. “That doesn’t mean they’ll get out of prison right away. It will take months and months.”

Since the 1990s, Blank said the state’s focus has been incarceration and getting tough on crime, when the state needs to be smart on crime. “I think the important thing is this represents a philosophical change that recognizes the way we’ve done business probably is not as effective as we wanted it to be and it’s turned out to be horribly expensive,” Blank said. “We took the easy way out in a lot of cases and we started dumping people in the prison system because it looks like we’re tough on crime and that’s what gets headlines and votes.”

One of the things county officials hope to see come from this is an opportunity to reintegrate prison inmates in the community by using the county jails to house state prisoners and allow them a chance, under Huber work release, to get jobs to ensure a successful transition from incarceration to release in the community.

“I’d like to work with the sheriff’s on a re-entry program … and get them acclimated in the community,” Raemisch said.

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Corrections workers back Doyle’s early release plan
By Patrick Marley of the Journal Sentinel, Mar. 11, 2009

Madison – Correctional officers say they support Gov. Jim Doyle’s plan to give early release to some low-risk inmates because of rising security concerns at the state’s overcrowded prisons.

Officers who also serve as Wisconsin State Employees Union leaders said they would be safer if inmates had an incentive to behave themselves.

“There’s no incentive to do good time,” said Daniel Meehan, a Waupun Correctional Institution officer and union local president. “If I’m doing 20 years, I’m going to act the fool for 20 years.”

Doyle has proposed allowing some offenders to be released early to save money and better rehabilitate criminals. His fellow Democrats who control the Legislature have shown support for the idea, even as Republicans rip it as dangerous.

“To release criminals – felons – before their sentence is up is hogwash,” said Rep. Joel Kleefisch (R-Oconomowoc). “It’s insulting to the citizens of Wisconsin to pretend you’re tough on crime when those committing the egregious crimes are given a free pass for not acting out while they’re incarcerated.”

Doyle’s plan focuses on nonviolent criminals, but some have criticized it for including drug offenders.

The backing for Doyle’s proposal from correctional officers comes at a time when a legislative committee is looking into ways to overhaul the state’s prison system.

Experts told the Justice Reinvestment Initiative Oversight Committee on Wednesday that revocations of probation and extended supervision are major drivers of the state’s exploding prison costs, fueling $286 million in new expenses in 2007. Those costs will be spread over several years because many of the offenders will serve more than a year behind bars.

The findings were presented by the nonpartisan Council of State Governments Justice Center, which is analyzing Wisconsin’s corrections data for the committee.

The group’s analysts said 61% of those who entered prison in 2007 did so because they had violated rules – but not broken any laws – while on probation or extended supervision. The 61% represents 5,598 new inmates.

One reason for the increasing revocations: The average amount of time former inmates spend on supervision more than doubled between 2000 and 2007 – from 23 months to 54 months.

That increase is because of the state’s 10-year-old truth-in-sentencing law, which lawmakers passed to make sure offenders served their full sentences. At the time, they planned to also shorten the length of sentences, but they never did so.

Many offenders have problems following probation and extended supervision rules because of drug addiction, mental health issues and difficulty finding jobs, the group told lawmakers.

Many of those returning have had their supervision revoked multiple times, said Tony Fabelo, the group’s research director.

“Whatever you’re doing, you’re not slowing down this recycling of people coming in,” Fabelo said.

The committee is trying to find ways to cut recidivism and trim the $1 billion annual budget for corrections. Wisconsin prisons hold more than 22,000 people.

The state budget Doyle proposed last month would allow low-risk inmates to shave off up to a third of their sentences if they followed prison rules. Doyle has said 500 to 1,000 inmates would likely be released over two years, saving up to $27 million.

Lawmakers will decide whether to go along with the governor in the coming months.

Correctional officers have long complained that truth in sentencing has created a dangerous environment for them by overcrowding prisons with inmates who have little motive to follow rules.

But Kleefisch and some other Republicans said Doyle’s plan would put the public in danger.

“No question the public will be at risk if? …felons are released early,” Kleefisch said.

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Write to Legislators

The following agencies are currently investigating Corrections and are trying to address concerns with mental health treatment and/or availability of programs for inmates. Such treatment or programs may be necessary for your personal well being or for satisfying A&E or Parole Commission requirements.

Rep. Joe Parisi, Chair
Assembly Committee on Corrections and the Courts
E-mail: Rep. Parisi@legis.wisconsin.gov
Room 126 North, State Capital
P.O. Box 8953, Madison, WI 53708

Sen. Lena C. Taylor, Chair
Special Committee on Justice Reinvestment Oversight
E-mail Sen. Taylor@legis.wisconsin.gov
Room 415 South, State Capital
P.O. Box 7882, Madison, WI 53707-7882

Janis Mueller; (mental health audit)
Legislative Audit Bureau
22 E. Mifflin Suite 500
Madison, WI 53703

If you are being denied, delayed, or having problems getting treatment or programs essential to your rehabilitative progress, mental health, and/or are being denied parole release or minimum security because you lack having completed such DOC requirements, then enlighten the Legislature by sharing your story and problems.

You may know what you are experiencing but the Legislatures may not. An audit is requested for all past PRC decisions, DOC-1292 Appeals, and for all Parole Commission written decisions.

The Parole Commission denies many parole releases based upon a single statement; ”you have not served sufficient time as to not depreciate the seriousness of the crime.” We all know this is a hollow statement and it provides no guiding rationale. Inmates are in prison because of the seriousness of the crime! This reasoning based on the same factors you were sentenced to prison makes little sense. Public safety is a concern to all, but rehabili-tation and the social reintegration of one of societies members must be part of that goal.

Similarly the DOC’s Program Review Committee (PRC) routinely assigns a security (risk) classification to inmates’ by simply referencing a guideline manual titled; “Risk Rating Instructions” (Instructions). In 2002, the DOC made rule changes to its own Administrative Codes on the justification the rules were outdated, yet they continue to use the 1990 Instruction manual unchanged. This Instruction manual is a general guideline that does not distinguish between the many distinct sentencing schemes which have been legislated throughout the years and which inmates are now serving in Wisconsin’s overcrowded prison system; such as Old Law Parole, New Law Parole, PMR, TIS-I, TIS-II.

Notably, a 15 year sentence under the parole scheme is not similar to a 15 year sentence under the Truth in Sentencing Law. Yet all these sentencing schemes are being placed under a single “15 year” threshold rule for determining inmates’ security custody levels. A Sentence Structure section of these Instructions work to the exclu-sion of all other relevant factors, such as your rehabilitative achievements.

If the Sentence Structure factor rates high then the total risk rates high, even if all other factors rate low. The DOC is denying programs, or movement to a lower classification such as Minimum, and/or place inmates on program waiting lists under this cover-all-umbrella known as the Risk Rating Instructions.

In addition, the PRC’s written decisions or reasons for denying requests for entry into treatment or programs or requests for reduced custody are typically boiler plate statements being universally applied to inmates such as; “to much time to MR”; “time likely to be served” ; or “potential parolability.” The boiler plate reasons or excuses seem designed to block your interests in improving or maintaining your mental health or your interests in achieving “suitability” for parole release.

Former Governor Thompson actually issued a memorandum in 1994 directing the DOC to do just that, “block” your release from prison, which runs counter to your efforts to be released. And notoriously, the Parole Commission during the mid-1990s tightened parole release standards. Legislative, Executive, and Private influences for the past years seem to be working against your efforts to be released. (Ref. American Legislative Exchange Council). A complete audit of these agencies is requested.

Friends and family members should phone, write, or E-mail their congress member and state their support for Governor Doyle’s early release proposals.
Write to Legislators (cont. from 7)
Maybe even suggest expanding them? If you generally agree with and/or your situation relates to the above statements either write your own letter or send this commentary as being representative of your view, send along with personal samples of decisions, records, etc… as evidence for the legislature to consider. “Do Not” send your original documents, instead send copies of the originals. Ask that the material be submitted as testimony into the congressional record. This may be the best moment in time and opportunity to voice your opinion on Corrections in Wisconsin and its management.

LEGISLATIVE ADDRESSES
www.legis.state.wi.us
http://notify.legis.state.wi.us

SENATE:
P.O. Box 7882
Madison, WI 53707

ASSEMBLY:
A-L= P.O. Box 8952
M-Z=P.O. Box 8953
Madison, WI 53708

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Judges Plead Guilty in Scheme to Jail Youths for Profit
By IAN URBINA and SEAN D. HAMILL

At worst, Hillary Transue thought she might get a stern lecture when she appeared before a judge for building a spoof MySpace page mocking the assistant principal at her high school in Wilkes-Barre, Pa. She was a stellar student who had never been in trouble, and the page stated clearly at the bottom that it was just a joke.

Instead, the judge sentenced her to three months at a juvenile detention center on a charge of harassment.

She was handcuffed and taken away as her stunned parents stood by.

“I felt like I had been thrown into some surreal sort of nightmare,” said Hillary, 17, who was sentenced in 2007. “All I wanted to know was how this could be fair and why the judge would do such a thing.”

The answers became a bit clearer on Thursday as the judge, Mark A. Ciavarella Jr., and a colleague, Michael T. Conahan, appeared in federal court in Scranton, Pa., to plead guilty to wire fraud and income tax fraud for taking more than $2.6 million in kickbacks to send teenagers to two privately run youth detention centers run by PA Child Care and a sister company, Western PA Child Care.

While prosecutors say that Judge Conahan, 56, secured contracts for the two centers to house juvenile offenders, Judge Ciavarella, 58, was the one who carried out the sentencing to keep the centers filled.

“In my entire career, I’ve never heard of anything remotely approaching this,” said Senior Judge Arthur E. Grim, who was appointed by the State Supreme Court this week to determine what should be done with the estimated 5,000 juveniles who have been sentenced by Judge Ciavarella since the scheme started in 2003. Many of them were first-time offenders and some remain in detention.

The case has shocked Luzerne County, an area in northeastern Pennsylvania that has been battered by a loss of industrial jobs and the closing of most of its anthracite coal mines.

And it raised concerns about whether juveniles should be required to have counsel either before or during their appearances in court and whether juvenile courts should be open to the public or child advocates.

If the court agrees to the plea agreement, both judges will serve 87 months in federal prison and resign from the bench and bar. They are expected to be sentenced in the next several months. Lawyers for both men declined to comment.

Since state law forbids retirement benefits to judges convicted of a felony while in office, the judges would also lose their pensions.

With Judge Conahan serving as president judge in control of the budget and Judge Ciavarella overseeing the juvenile courts, they set the kickback scheme in motion in December 2002, the authorities said.

They shut down the county-run juvenile detention center, arguing that it was in poor condition, the authorities said, and maintained that the county had no choice but to send detained juveniles to the newly built private detention centers.

Prosecutors say the judges tried to conceal the kickbacks as payments to a company they control in Florida.

Though he pleaded guilty to the charges Thursday, Judge Ciavarella has denied sentencing juveniles who did not deserve it or sending them to the detention centers in a quid pro quo with the centers.

But Assistant United States Attorney Gordon A. Zubrod said after the hearing that the government continues to charge a quid pro quo.

“We’re not negotiating that, no,” Mr. Zubrod said. “We’re not backing off.”

No charges have been filed against executives of the detention centers. Prosecutors said the investigation into the case was continuing.

For years, youth advocacy groups complained that Judge Ciavarella was unusually harsh. He sent a quarter of his juvenile defendants to detention centers from 2002 to 2006, compared with a state rate of 1 in 10. He also routinely ignored requests for leniency made by prosecutors and probation officers.

“The juvenile system, by design, is intended to be a less punitive system than the adult system, and yet here were scores of children with very minor infractions having their lives ruined,” said Marsha Levick, a lawyer with the Philadelphia-based Juvenile Law Center.

“There was a culture of intimidation surrounding this judge and no one was willing to speak up about the sentences he was handing down.”

Last year, the Juvenile Law Center, which had raised concerns about Judge Ciavarella in the past, filed a motion to the State Supreme Court about more than 500 juveniles who had appeared before the judge without representation. The court originally rejected the petition, but recently reversed that decision.

The United States Supreme Court ruled in 1967 that children have a constitutional right to counsel. But in Pennsylvania, as in at least 20 other states, children can waive counsel, and about half of the children that Judge Ciavarella sentenced had chosen to do so. Only Illinois, New Mexico and North Carolina require juveniles to have representation when they appear before judges.

Clay Yeager, the former director of the Office of Juvenile Justice in Pennsylvania, said typical juvenile proceedings are kept closed to the public to protect the privacy of children.

“But they are kept open to probation officers, district attorneys, and public defenders, all of whom are sworn to protect the interests of children,” he said. “It’s pretty clear those people didn’t do their jobs.”

On Thursday in Federal District Court in Scranton, more than 80 people packed every available seat in the courtroom. At one point, as Assistant United States Attorney William S. Houser explained to Judge Edwin M. Kosik that the government was willing to reach a plea agreement with the men because the case involved “complex charges that could have resulted in years of litigation,” one man sitting in the audience said “bull” loud enough to be heard in the courtroom.

One of the parents at the hearing was Susan Mishanski of Hanover Township.

Her son, Kevin, now 18, was sentenced to 90 days in a detention facility last year in a simple assault case that everyone had told her would result in probation, since Kevin had never been in trouble and the boy he hit had only a black eye.

“It’s horrible to have your child taken away in shackles right in front of you when you think you’re going home with him,” she said. “It was nice to see them sitting on the other side of the bench.”

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Wisconsin Prison Watch
P.O. Box 292
Boscobel, WI 53805

 

The United States spends about $57 billion annually on its prison and jail system. Over $750 billion on the military budget. Hundreds of billions on police and courts. How much on schools?

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