The 'Friends of Marcia Powell' are autonomous groups and individuals engaging in prisoner outreach, informal advocacy, and organized protest and direct actions in a sustained campaign to: promote prisoner rights and welfare in America; engage the Arizona public in a creative and thoughtful critique of our system of "justice;” deconstruct the prison industrial complex; and dismantle this racist, classist patriarchy...

Retiring "Free Marcia Powell"

As of December 2, 2010 (with occasional exceptions) I'm retiring this blog to direct more of my time and energy into prisoner rights and my other blogs; I just can't do anyone justice when spread so thin. I'll keep the site open so folks can search the archives and use the links, but won't be updating it with new posts. If you're looking for the latest, try Arizona Prison Watch. Most of the pieces posted here were cross-posted to one or both of those sites already.

Thanks for visiting. Peace out - Peg.
Showing posts with label prison industrial complex. Show all posts
Showing posts with label prison industrial complex. Show all posts

Friday, November 19, 2010

Arizona: Mercy, Mercy Me...

Davon's clemency board hearing was yesterday - the decision to turn him down was clearly made before we walked into the room, however. The chair made only passing reference to the thick stack of mail that had arrived in support of Davon's application, and cut me off when I was speaking on his behalf. He made a special point of reading things into the record to justify their determination against him. The county attorney's office can be expected to oppose such applications, but they went out of their way, it seems, to damn him - which was precisely what the board needed and asked for. Not that I'm accusing them of any impropriety - I'm sure they did what they felt was right - just as I'm doing. We just come from different places, and they don't know Davon like I do. As evidenced by their decision yesterday, They don't know him at all.


Pardons in Arizona have nothing to do with mercy or grace, by the way - or even justice for that matter, even when sincere people try to deliver it. Look at what our good governor did to Bill Macumber, the innocent man who has already spent 35 years in prison for murder and may well die there. Convinced beyond any doubt that his conviction was based on perjured testimony and manufactured evidence, the Arizona Board of Executive Clemency unanimously recommended him for a full pardon, which would have gone into effect if Brewer had simply left it alone for 90 days. Instead she quashed it, in the interest of her kind of "justice". Affirming Bill's innocence would have implied his ex-wife's guilt. As she worked for the Maricopa County Sheriff's office at the time she framed him, I suspect Brewer was doing someone with history there a favor. But what do I know?



Sadly, despite his story saturating the media across the country before November 2, the voters in Arizona elected that woman anyway.



As for Davon: the outcome of his hearing was no surprise, really - probably least of all to him - but it was still a disappointment; his little sister left the room abruptly in tears. We did, however, raise awareness about the prosecution of the seriously, mentally ill for their symptoms rather than their criminality, and built a network for prisoners with Hep C and their families. We also entered our objections to the prison industrial complex into the public record (that was the part I think they didn't want to hear). One of our legislators even turned out to corroborate Davon's mom's assertion that Arizona's prisoners aren't getting the medical care they need in there - and that came from a self-described "conservative Republican". I suspect he will pay a price for having done that, which is why I won't name him here. I doubt he would endorse my own take on the system, but he's still one of the few politicians I've ever met with real integrity. I can't think of a single Democrat in this state who would put themselves on the line like that for a convicted violent, crazed felon seeking mercy - much less another Republican.



I'm convinced that clemency boards exist largely to reinforce the illusion that the system we have of doling out punishment in our country is a "just" one that serves the best interests of society at large. By allowing room for pardons and commutations, we suggest that the legal system we live under, as a rule, delivers justice to criminals and victims alike, and that any abuse of power or injustice perpetrated by the state in the process is an exception that needs to be dealt with on a case-by-case basis. If that was the reality, however, our prisons would not be packed almost exclusively with the poor - most of whom have the least ability to do great harm. In a truly just and morally evolved society it is the money-lenders, warmongers and rogue sheriffs of this land who would be doing time for exploitation, mass murder, and kidnapping - not making the rules the rest of us have to live by. They certainly wouldn't be retiring with honors and drawing down our collective dime.



But ours is neither a just nor a moral society - it isn't even a democracy. It is a capitalist republic in which the wealth and power of the few still depends on their ability to co-opt, terrorize, and restrain the many. We literally replaced our plantations with prisons when overt slavery went out of style. America's governments exploit and injure far more innocent and vulnerable people than all our lone criminals combined do. We've even made the perpetuation of victimization and crime an attractive, acceptable industry from which savvy investors can profit.



Thanks, everyone, for all your support through this. Stay with us, please - this fight is much bigger than one young man, and has only just begun. Keep an eye on what's happening with Davon for awhile longer - he went further out on a limb in the interest of prisoner rights and health care than any of the rest of us had to - and risks paying a much higher price now than the one extracted from him at sentencing. We'll see if he's allowed to keep his good time - and make it successfully through the 4 years of probation he has yet to serve -in light of his and his mother's public defiance. I guess we'll also see if the Arizona State Legislature shows any mercy for the honesty and courage of one of their own.

Wednesday, January 6, 2010

Anti-Arpaio? Anti-Racist? Lessons from Civil Rights: Chaparral...

This is another good post from my friend at Chaparral Respects No Borders - right on target - this same stuff was beginning to really eat at me. This is about much more than the man - and getting him out of power alone doesn't spell victory. It's the lawmen and lawmakers who aren't high-profile clowns who will be harder to contend with - as well as the larger public that thinks, for the most part - with exceptions like Arpaio (who I think is kept round for entertainment now by some people as much as for anything else) - the CJ system works....


My friend already did an excellent job addressing the complexities I thought were getting glossed over, though, so I'll let her take you down the rest of this road. Hit her site  for her bit on Russ Pearce's Safe Cities B.S. - she's on top of that too. She knows her shit.



--------------from Chaparral respects no borders (blog)-------------


Date: Saturday, January 2, 2010, 4:40 PM
Civil Rights Movement's Lessons for Anti-Arpaio March

"Not since the days of Bull Connor has this country seen a public official abuse his authority in order to terrorize and intimidate communities based on the color of their skin," states a call for the big January 16th march in Phoenix against Arpaio. Sheriff Joe Arpaio is often compared to Bull Connor, the police official in Birmingham who fought civil rights activists with attack dogs, and strong water hoses back in the 1960's. He acted above the law, although some could argue that his actions were not contrary to the general orientation of the rule of law then or even today. He was more blatant about abusing protesters and disregarding federal law than most law enforcement officials, which is why Arpaio is compared to him.

During the civil rights movement, there were no marches against Bull Connor, but there were efforts to produce situations in which he would show the world what he was willing to do to fight integration. The horrible treatment of marchers drew the attention of the nation and encouraged John F. Kennedy to initiate the Civil Rights Act of 1964. To some, the Civil Rights Act was a victory, and the story somewhat ends there. This perspective makes it seem that Bull Connor was an important catalyst and therefore target (although he wasn't quite a target in the way Arpaio is today). Yet if this was the case, why do stories that focus on a wider black liberation movement rather a focus on aspects of what's called the civil rights movement that often focus on the federal government's benevolence or Martin Luther King's heroism not really mention Bull Connor at all?

If one were to argue that strategically it makes sense to go after Arpaio because of the significance of Bull Connor's role in getting the Civil Rights Act passed, I would say, Arpaio is our big villain, but just as Bull Connor was but a piece of the entire picture, Arpaio should not be the central focus of the current movement. According to The numbers don’t match Arpaio’s hype, Arpaio, despite having spent much more money and time and having wider jurisdiction and more media attention, arrested less people than city police departments in the county. The many politicians and those who elected them, the police, and ICE- all those who are enemies to undocumented people- make it clear that Arpaio is but one figure, and that opposition to racist attitudes must address something bigger than a politician, in many ways a symbol, no matter how monstrous. Yet the focus on Arpaio remains, locally and nationally.

Shall we just have marches against Arpaio until we get a crappy Immigration Reform bill? And maybe even get rid of Arpaio? Will that solve all the problems of migrants and others caught up in the arrests, checkpoints, and militarization of the border? We can bet that these things, especially the militarization of the border, will still exist after reform. There will still be "illegal" people, and a permanent underclass.

A call to action for the March in Phoenix on January 16th says, "It is time, just like Martin Luther King and the Civil Rights Movement took the streets of Montgomery Alabama that at that time was the epicenter of hate; we must do the same in Phoenix." The movement for immigrants’ rights is often compared with the civil rights movement, but we must ask whether the civil rights movement was even effective.

First, the civil rights/black liberation movement involved a lot of amazing work and the organizing by many people who are rarely credited for their contributions. Often their ideas about what should come of the movement are not recognized today. What is recognized are the agreeable aspects which the white mainstream chose to co-opt. It is not that the movement did not succeed exactly, but we are made to think that racism no longer exists because of the it. Yet we have the largest prison populations in the world and the relative majority of those in prison are non-white, and many are in for non-violent offenses. This is only one example of the way that racism has been disguised, yet still exists today.

Despite the fact that many people have been empowered by the amazing work by organizers of the civil rights and power movements, what happened is that while elements of the movement(s) were co-opted, others were effectively destroyed through the Counter Intelligence Program (COINTELPRO). Briefly, COINTELPRO sought to eradicate dissidence, to destroy Martin Luther King Jr., the Black Panthers, and other radicals, and was, with the help of local police and the criminalization of people, the downfall of many liberation movements.

It is difficult to use the civil rights movement as a model for a movement of today for these reasons (and many others), primarily because what most people know of it is what they are encouraged to know, their education about history filtered for the purposes of maintaining the status quo.

If we were to see the Civil Rights Act as a success of the civil rights movement, it would make sense for us to seek something comparable from the immigrants' rights movement. Another call to action for the January 16th march says, "Join us and march against the injustices and separation of families caused by the 287(g) and Joe Arpaio. We will be demanding that the Obama administration take direct action on the issues affecting our communities." Some calls for the march, seemingly mostly or solely coming from the National Day Laborer Network, call for comprehensive immigration reform.

Something many people don't know about are two riders added to the Civil Rights Act of 1968, one which outlawed crossing state lines (which includes using a telephone or sending mail across state lines) with intent to "incite a riot" and the other making it a federal crime to "obstruct law enforcement officers or firemen doing their lawful duty in connection with a civil disorder which obstructs a federally-protected function". Both of these have been used against Black Panthers, the American Indian movement, and various other radicals. This is yet another example of the way the federal government criminalizes dissent, as well as an example of how laws that claim to solve problems (such as discrimination) actually perpetuate those problems by undermining the people's ability to rebel, and by contributing to the filling of the prisons. Oh, and get this: the Civil Rights Act of 1968 that was meant to prohibit violence against black people exempted from prosecution any law enforcement officers, member of the National Guard and Armed Forces who are engaging in suppressing a riot or civil disturbance.

The integrity of the Civil Rights Bills aside, it is important to make the point that the federal government was involved in crimes against the people (such as through COINTELPRO), and watched as racists such as the KKK and southern police committed crimes against black people. One example is that the federal government was providing information about the Freedom Riders to the Birmingham police, who in turn was providing that information to the KKK. The Klan used that information to attack civil rights activists, such as when the freedom riders arrived at a bus terminal and the KKK beat them while the police waited to show up until most of the Klan members had left. The police were actually providing a lot of information about local civil rights activities, but who they were providing it to was especially interesting. The information was being given to a KKK member who was actually an FBI agent who had infiltrated the Klan. So the FBI knew all along that the information was being provided to the KKK, and they also knew the details of the various acts of violence the Klan and the police were perpetrating against the black population and civil rights activists. Keep in mind that Birmingham was being called "Bombingham" because of all the bombings at the time. Yet neither the FBI, nor the federal government in general, did anything to stop the horrible violence that was occurring even though they did have the ability to do so (Source). This is the government that benevolently gave us the Civil Rights bills?

So it must be asked, were the Civil Rights laws a success? I would concede that laws do shape people's attitudes, that outlawing racial discrimination shaped the white consciousness. Yet, on the flip side of this, laws and law enforcement have played a stronger role in justifying racist attitudes. I would argue that the criminalization of people, which did not start with the civil rights movement, but at that time was intentionally shifted towards appearing unbiased, is the newer face of racism. Certainly things have changed due to the civil rights movement, but we must ask what was it that really changed and what has not changed? As mentioned above, dissent has been criminalized, as well as has been poverty, drug use, etc. The police enforce the color line by partaking in harassment, brutality, and arrests of people of color. Especially relevant to this discussion is that movement across borders has been limited and criminalized, constructing a whole mass of people as criminals. From this perspective, the rule of law is perfectly congruent with racism. So Connor and Arpaio are not aberrations except in the way that they flaunt their penchant for abusing people. While not as blatantly racist as Connor was, Arpaio can still terrorize migrants under the power of the law.

Another question to be asked: Were the Civil Rights Bills written because of a moral imperative of the federal government, perhaps with a push from leaders like Martin Luther King Jr.? Or were they an attempt to quash dissent? After all, protests and riots were a major concern. What better way to deal with it than to throw the people a bone while you further criminalize rioting?

Malcolm X said, "You’ll get freedom by letting your enemy know that you’ll do anything to get your freedom; then you’ll get it... when you stay radical long enough and get enough people to be like you, you’ll get your freedom." Additionally, a couple months after the big March on Washington, Malcolm X described in a speech how the March was co-opted by the federal government; that originally the marchers were talking about how they were going to march on the government buildings and bring them to a halt, and even that they would lay down on the runways of the airports and stop planes from landing. This frightened the government so much, that got Martin Luther King Jr and others together to undermine the organizing for these activities by making it a passive march instead. "They controlled it so tight, they told those Negroes what time to hit town, how to come, where to stop, what signs to carry, what song to sing, what speech they could make, and what speech they couldn't make; and then told them to get out town by sundown." Yes, the government has its ways to undermine true dissent, and obviously it's not always through force. Reform is used to undermine revolution.

This is why I believe that if anything with a positive façade is to come out of Comprehensive Immigration Reform, it is out of fear of the power of the people. After all, no moral imperative is preventing the federal government from running all the detention centers, from militarizing the border, from being involved in the corrupt drug war, etc. (On the flip side, I believe the federal government is also afraid of the racists who scapegoat migrants and other people of color for their problems but also are angry with the government for collaborating with businesses to make money off of cheap labor). Even if you believe that new opportunities come with Obama in power, the fact remains: the rule of law is intimately tied to racism. History may not repeat itself, but there are many lessons to be learned.


It is also worth mentioning that Malcolm X's story should be considered when movement leaders invite cops to meetings, when activists police the behavior of the people during protests, and when they try to control the message.

To conclude, Arpaio mustn't be the focus for the movement, and neither should reform. Knowing that Arpaio, like Bull Connor, was elected time and again by a mass of white folks who feel that people of color are somehow a threat, and that the rule of law, with the participation of the federal government, is inextricably racist, we have much to do. We need to challenge white people on their racism and no longer legitimize the federal government or other law enforcement by comparing Arpaio the "Sadistic Man" to those whose acts of repression are simply less visible. We need resistance, no compromise on freedom. Lives are at stake. Freedom not reform.

This is all not to say you shouldn't attend actions like the march against Arpaio. In fact you should, and you should bring your message and your passion for freedom.

Further reading:
No Borders or Prison Walls: Beyond Immigrants' Rights to Ending Criminalization of All People of Color
and
Freedom, Not Reform: On the New CIR-ASAP bill