Deaths in Custody: Brenda Todd

To the family of Brenda Todd: please contact me ASAP.

To the rest of you: Pay attention to ASPC- Perryville in Goodyear. Marcia Powell isn't the only one who's died out there.


Thanks.

Peggy Plews
480-580-6807
prisonabolitionist@gmail.com

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"The rope that lynches" in the Deep Southwest.

Happy Martin Luther King Day, Arizona!

To the rest of America:
Please boycott this racist state before our fear and hate kill anyone else.

Tucson School Board meeting, January 2011.






Visit http://www.youtube.com/user/WhatABCs for more on the state's continuing efforts to "stop La Raza...", and the lame new state Superintendent of Education leading it. The old superintendent behind HB 2281 is our new Attorney General. See, you just can't get into state executive office here without exploiting fear, racism, and hate - then you can help outlaw your opposition, and insure that your offspring inherit the state.

Anyway, as I said, Happy Martin Luther King Day. Youth like Westli are our greatest hope.

The Highly Preventable Suicide of Tony Lester.

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Family sues Arizona over inmate’s suicide

by JJ Hensley on Jan. 08, 2011, under Arizona Republic News

Anthony Lester’s life came to an end in July, as Arizona Department of Corrections officers stood around his limp body, unable to stanch the bleeding.

Lester committed suicide in his Tucson prison cell, a medical examiner’s report concluded. His family filed a claim this week against the state, alleging that the Corrections Department’s culture of negligence and indifference to prisoners with mental illness directly contributed to the 26-year-old’s death.

Lester had attempted suicide in late June but was taken off a subsequent suicide watch two days before his death. The state’s investigation shows that officers were confused about where he should have been moved.

The same records indicate that Lester should not have received razors in a hygiene kit the prison provides. A corrections officer mistakenly gave Lester a kit containing a pair of razors that Lester used to cut his throat.

As officers responded to the incident, their statements indicate, they were overcome by the severity of the situation and froze. Their pause was due in part to the fact that officers could not see one of Lester’s hands and feared he might be holding a weapon. The delay was also due to lack of training, said one responding officer.

Orlando Pope, a 13-year veteran of the department, said Lester was “bleeding too heavily” and “he (Pope) was never trained on how to apply pressure to a wound,” according to a department report into Lester’s death.

“Pope stated that he has gone to first-aid training, but he would not call it training, and he does not remember anything about using pressure to stop bleeding,” the report states.

Pope and four other officers were punished with 80-hour unpaid suspensions following Lester’s death, but Lester’s family wants the Department of Corrections to do more.

A department spokesman said the agency had not seen the claim and could not comment.

“I want to help the mentally ill in the prison system. I wanted to be an eye-opener for other people,” said Patti Jones, Lester’s aunt.

The corrections officer who mistakenly gave Lester the kit with razors – and the actions of officers who tried to tend to his wounds – were key factors in his death, the family claims, but it was the prison system’s disregard for Lester’s mental condition that put him in a cell where he could take his own life.

Lester was diagnosed with schizophrenia, and his struggles with mental illness stretched back more than a decade, to when he was still a student at Brophy College Preparatory.

Lester developed a habit of self-mutilation as a teenager and claimed he was blackout drunk during the crime that gave him a 12-year prison sentence for aggravated assault: stabbing two girlfriends at a 2007 party.

Lester went through a program in Maricopa County jails that gave him enough medication to be competent for trial. The trial judge warned that Lester should be in a facility where he could receive mental-health treatment, the claim said.

His medical records indicate he refused to take his medication in prison due to side effects.

Lester’s family claims a lack of adequate training and a culture of negligence concerning mentally ill inmates in the Corrections Department made his prison stint a death sentence.

“We admit that he did something horrifically wrong, but he was mentally ill,” Jones said. “But people I talked to at the prison said he was trying to game the system by claiming mental illness.”

The claim requests $3 million in damages to compensate Lester’s mother and his toddler daughter.

The Arizona Attorney General’s Office was served with the claim but declined to comment.

Another Black Man Exonerated in Texas.

I love the Dallas County DA - they're clearing these cases at an unbelievable rate...

Hard to believe so many innocent black men were imprisoned in Texas to begin with. They'd die in prison without DNA to exonerate them. A bunch of people already are.

--------------------------------

Dallas County man cleared in 1979 rape, robbery will be Texas' longest-serving exoneree

12:00 AM CST on Tuesday, January 4, 2011

By JENNIFER EMILY / The Dallas Morning News
jemily@dallasnews.com

Two men convicted in connection with a 1979 Dallas rape, robbery and abduction have been cleared of the crime through DNA testing. They have served about three decades in prison – more than any other Texas inmate cleared by DNA testing.

The exonerations are also the first where DNA testing has been used in Dallas County to prove men innocent of crimes that occurred as far back as the 1970s. Until recently, authorities thought that evidence had only been preserved by the county's crime lab since 1981, said Nina Morrison of the Innocence Project in New York. The discovery that other testable evidence exists could mean Dallas County's national record number of 20 exonerations since 2001 will keep growing.

"It may provide grounds to go back and look at other evidence from older cases where we thought there was nothing to test," Morrison said. "It's really a miracle it was saved."

Cornelius Dupree Jr., 51, is expected to be exonerated today in a Dallas County courtroom. He is on parole after having been released in July. He spent more than 30 years in prison.

His exoneration, the 21st, will be the first in Dallas County since May 2009, although three other men have been cleared since then with other evidence.

The second man, Anthony Ray Massingill, 49, will remain behind bars for now while authorities search for evidence to test in a second rape for which he is serving a life sentence.

Neither Dupree nor Massingill could be reached for comment. They were wrongly convicted in a Nov. 23, 1979, attack on a 26-year-old woman who was confronted at gunpoint along with a male friend after they stopped for cigarettes and to use a pay phone at a liquor store on Dolphin Road, north of Interstate 30.

The attackers carjacked the victims and eventually ordered the man from the car. They then raped the woman while holding a gun on her. They debated whether to kill her before shoving her out of the vehicle and threatening to kill her if she called the police. She was found unconscious in a median by a police officer.

Five or six days later, two men tried to sell the woman's rabbit fur coat at a grocery store two miles from the liquor store. The stolen car was found in the parking lot. Dupree and Massingill are not believed to be these men.

Dupree and Massingill were arrested Dec. 1, 1979, two miles from where the abduction occurred. Police initially stopped them because they matched the description of men wanted in connection with a similar case. Massingill had a gun; Dupree was unarmed.

Wrongly identified

Paul Cates, also of the Innocence Project, said the rape victim wrongly identified Dupree and Massingill in a photo lineup. The male victim could not pick out Dupree or Massingill.

At trial, both victims identified Dupree as one of the men who abducted them. Cates said that the woman, at times, confused the identities of the two defendants when identifying them in court.

Massingill was sentenced to three 10-year terms and a life sentence in connection with the liquor store abduction and another 1979 rape-robbery.

Dupree was sentenced to 75 years in prison for the liquor store robbery. He was not tried on the liquor store abduction-rape because prosecutors thought it wouldn't result in any more prison time. Although he was a suspect, a grand jury declined to indict him in the second 1979 robbery-abduction.

Evidence preserved

The Innocence Project accepted the case in 2007 after an intense review. Morrison said Dupree had written to them a few years earlier.

The Innocence Project first contacted the Dallas County district attorney's office about the case in 2008. The district attorney's office then asked the crime lab to search for any evidence in the case.

The lab found and tested pubic hairs from the victim's rape exam that contained genetic material from two men who were not Dupree and Massingill. Had the hair not contained two other men's DNA, neither Dupree nor Massingill would have likely been cleared in the case, Morrison said.

Morrison said that even if the crime lab does not find DNA to test in Massingill's other case, it's possible he could still be freed. She said that authorities at the time believed the same men were responsible for both crimes.

Morrison said the real perpetrators have not been identified, but she was not sure whether the test results had been compared with a national DNA database.

The Dallas County district attorney's office said Monday that prosecutors would answer questions about the case today. Massingill's attorney, Michelle Moore of the Dallas County public defender's office, declined to comment.

Preliminary tests showing Dupree's innocence came back two weeks after he was paroled because of time he'd earned through good behavior. The results of the final test – DNA from the victim confirming that the lab correctly labeled the sample – were not available until December.

Morrison said Dupree could have been released on parole earlier if he had admitted his guilt. But like many exonerees, he refused to do so. 

Georgia DOC: End violence against strikers.

-------------------From Black Agenda Report----------------

Brutal Reprisals Against Peaceful GA Inmate Strikers Confirmed. Was One Victim Hidden For Weeks By Prison Authorities?

Created 01/01/2011 - 10:08

By BAR Managing Editor Bruce A. Dixon


Black, brown and white inmates in 6 Georgia prisons nonviolently locked themselves in their cells for several days beginning December 9, demanding wages for work, educational opportunities, adequate food and medical care, just parole decisions and access to their families. The peaceful inmate strikers, as we reported the following day, were already victims of brutal retaliation on the part of correctional officials, ranging from cutoffs of heat and hot water to unprovoked assaults by correctional employees upon prisoners.

It now appears that at least one inmate, Terrance Dean of Bibb County GA was brutally assaulted by staff at Macon State Prison on or about December 16 was so severely injured prison officials secretly evacuated him to a hospital in Atlanta without bothering to inform his family. It's not known at this time which Department of Corrections officials authorized the secret evacuation, who decided not to notify Dean's family of either his injuries or his whereabouts, or whether the prisoner was transported the roughly 130 miles to Atlanta via ground or air ambulance. The first word the prisoner's family received of either the beating or Dean's whereabouts was when they were contacted December 30 or 31 by the friends and associates of other prisoners on the outside. Neither the Department of Corrections nor Atlanta Medical Center, where the prisoner was held for about two weeks, has released any information about the extent of the prisoner's injuries, his current medical condition, or how he was injured.

The morning of Friday, December 31, Dean's sister, along with ACLU attorney Chara Jackson and GA state NAACP chief Ed DuBose representing the Concerned Coalition to Respect Prisoner's Rights [4] showed up at the Atlanta Medical Center demanding to see the injured prisoner or at least have his whereabouts confirmed. After several hours of delay, correctional officials said his mother and sister, along with the attorney would be allowed to visit him at Jackson State Prison Sunday, January 2, but they offered no explanation of the reasons for his secretive transfer. Hospital officials also refused to offer any information on Dean's injuries, even to his family, on grounds of doctor-patient confidentiality.

“We assume that state officials have a written policy requiring them to inform family members in the event of the serious injury of their loved ones in prison,” said the Georgia Green Party [5]'s Hugh Esco. “If Georgia corrections personnel did brutally beat Terrance Dean, transfer him secretly more than a hundred miles from the scene of the crime scene and neglect to inform his family about his injuries or whereabouts they could be parties to a criminal conspiracy. The Green Party has written a letter to the outgoing and incoming governors asking them to look carefully at the events surrounding the case of Mr. Dean. We also note that the Department of Corrections promised access to the 37 prisoners whom it transferred as a result of the inmate strike that began on December 9. We hope this is a promise they keep, so that the public can get a complete and accurate picture of what goes on behind those walls.”

Dean's sister, attorney Chara Jackson, and the NAACP's Ed DuBose briefed the press at Atlanta Medical Center, including representatives from at least one local TV station repeatedly beginning at noon on Friday, and assured Black Agenda Report that they will attempt to see Terrance Dean at Jackson State Prison on Sunday, January 2. But as of nearly 24 hours later, on the morning of January 1, 2011 no corporate news outlet is publicly asking or answering any of the key questions around the assault on Terrance Dean, or what look for all the world like official attempts to conceal it from his family and the public.

“This is no surprise,” offered BAR executive editor Glen Ford. “For corporate journalists, a story without input from government or corporate officials is no story at all. For these so-called reporters, the story has a big hole in it as long as state officials decline to comment, even though official misconduct on the part of government IS the story. If the state declines to comment until Sunday or Monday, they will sit on the story till then. Establishment journalists are nothing if not disciplined and well-trained.”

Bruce A. Dixon is managing editor at Black Agenda Report, based in Marietta GA, and a member of the state committee of the Georgia Green Party. Both Black Agenda Report and the Georgia Green Party are members of the Concerned Coalition to Respect Prisoner's Rights [4].

Source URL: http://blackagendareport.com/?q=content/brutal-reprisals-against-peaceful-ga-inmate-strikers-confirmed-was-one-victim-hidden-weeks-p

Lucasville Five Hunger Strike: Then and Now.

This came in this AM via Freedom Archives. Claude can be contacted below if you want to get on their list-serves.

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Lucasville Five Hunger Strike Begins --An interview with author Staughton Lynd

Sunday, January 2, 2011

By Angola 3 News

In 1993, the maximum security Southern Ohio Correctional Facility in Lucasville, Ohio was the site of an historic prisoner rebellion, where more than 400 prisoners seized and controlled a major area of the prison for eleven days. Nine prisoners alleged to have been informants and one hostage correctional officer named Robert Vallandingham, were murdered. Following a negotiated surrender, five key figures in the rebellion were tried and sentenced to death. Known since as the Lucasville Five, they are Namir Abdul Mateen (James Were), Siddique Abdullah Hasan (Carlos Sanders), Bomani Hando Shakur (Keith Lamar), George Skatzes and Jason Robb.

The Lucasville Five are now back in the news with an announcement last week that four of the five will be participating in a simultaneous “rolling hunger strike,” beginning today, January 3. They are using the hunger strike to protest their convictions (having always maintained their innocence) as well as their living situation, which is more restrictive than for most prisoners on Ohio’s death row. The statement issued by the Lucasville Uprising Freedom Network explains that “the hunger strike will proceed in an organized manner, with one prisoner, probably Bomani Shakur starting on Jan.3. The hunger strike becomes official after he has refused 9 meals. Therefore the plan is that 3 days later, Siddiquie Abdullah Hasan will start his hunger strike and 3 days later, Jason Robb will follow. Namir Mateen has a great willingness to participate and plans to take part to the extent that his diabetes will allow.”

Staughton Lynd is the author of the 2004 book, Lucasville: The Untold Story of a Prison Uprising, which asserts that the Lucasville Five are innocent men, who were framed by the State of Ohio. In a review of Lucasville, the news website, Solidarity, concludes that “Lynd presents sufficient evidence and argumentation to cast more than reasonable doubt on the convictions of the Lucasville Five.” The book’s “immediate agenda is to mobilize public opinion to achieve amnesty for the Lucasville Five. In the 1970s, the governor of New York was compelled to grant amnesty to the Attica rebels based upon revelations of state malfeasance. Lynd contends the Lucasville Five’s death sentences should be wiped clean on the same grounds.”

In the foreword to the upcoming second edition of Lucasville, being released by PM Press in February, death row journalist Mumia Abu-Jamal writes that the Lucasville Five "sought to minimize violence, and indeed, according to substantial evidence, saved the lives of several men, prisoner and guard alike…they rose above their status as prisoners, and became, for a few days in April 1993, what rebels in Attica had demanded a generation before them: men. As such, they did not betray each other; they did not dishonor each other; they reached beyond their prison ‘tribes’ to reach commonality."

Angola 3 News: Can you please give us some historical background on the 1993 uprising and the subsequent convictions of the Lucasville Five?

Staughton Lynd: There were revolts at the old Ohio State Penitentiary in Columbus in the late 1960s. The state government decided to build a new maximum security prison in a town called Lucasville, just north of the Ohio River separating Ohio and Kentucky.

The new prison housed between 1,500 and 2,000 prisoners. More than half the prisoners at the new Southern Ohio Correctional Facility (SOCF) were African Americans from cities like Cincinnati, Dayton, Toledo, Cleveland, Akron and Youngstown. Lucasville was all white and inevitably, most of the correctional officers at the new prison were Caucasian.

'Luke' developed a well-deserved reputation for violence. There was a horrible incident in 1990 when, in a sequence of events that remains ambiguous, a black prisoner followed a white teacher into a women's restroom. White guards broke down the door to the restroom and, as they did so, the prisoner cut the teacher's throat.

The State sent in a new warden who instituted 'Operation Shakedown.' Prisoners were allowed one short telephone call a year, at Christmastime.

In April 1993 the new warden proposed to test all prisoners for TB by means of an injection. More than fifty Muslim prisoners protested. They said the injection would contain phenol, a form of alcohol; that this was forbidden by their religion; and that there were alternative means of testing for TB, by sputum or X ray. Warden Tate said it would be done his way, by injection, beginning Monday, April 12.

On April 11, Easter Sunday, prisoners returning from the recreation yard occupied one large housing block, L side. Guards were overpowered. Persons severely injured in the takeover, both guards and prisoners believed to be snitches, were carried out to the yard. Eight officers were held as hostages. In the course of an 11-day standoff, nine prisoners and one hostage guard were murdered. There was a negotiated surrender.

A3N: Why was this story so important to you that you decided to write a book about it?

SL: In 1996 my wife and I became aware that as a result of the Lucasville uprising, a new maximum security prison called the Ohio State Penitentiary (OSP) was being built in Youngstown. We organized a community forum at which one of the speakers was Jackie Bowers, sister of one of five prisoners condemned to death after the surrender. We met her brother, George Skatzes (pronounced 'skates.') His lawyer told us that we could best help by investigating facts not presented at trial and we have been doing that ever since.

The importance of the story is that the five men sentenced to death are three blacks and two whites. Two of the three blacks, Siddique Abdullah Hasan and Namir Abdul Mateen, are Muslims. At the time of the rebellion the two whites were members of the Aryan Brotherhood. One is still an AB leader although Skatzes has withdrawn. These five men have acted in solidarity during their almost eighteen years of solitary confinement. They have refused to 'snitch' on each other.

A3N: What facts do you cite for arguing that the State of Ohio deliberately framed innocent men?

SL: My allegation that the State of Ohio has deliberately framed innocent men is presented in a book, Lucasville: The Untold Story of a Prison Uprising (Temple University Press, 2004), a second edition of which will be published in 2011 with a Foreword by Mumia Abu Jamal, and in a law review article, "Napue Nightmares: Perjured Testimony in Trials Following the Lucasville, Ohio, Prison Uprising," Capital University Law Review., v. 36, No. 3 (Spring 2008) The key fact is that the State made it clear early on that they wanted to put the alleged leaders of the disturbance to death, and built cases against the Five almost wholly on the basis of testimony by prisoners who, in exchange for their testimony, received benefits such as early parole.

A3N: Why you believe the trial itself was unfair?

SL: The trials were unfair for a variety of reasons, but the two basic facts were: 1) the Five were tried before so-called 'death-qualified' juries, that is, juries from which persons opposed to the death penalty were excluded; and 2) the prosecution's evidence, as I indicated earlier, came almost entirely from prisoner informants in exchange for bargained-for benefits like parole.

A3N: How has your 2004 book been received?

SL: My book was banned from all Ohio prisons and it provoked a good deal of discussion in Ohio. In 2007, a play based on the book was presented in seven Ohio cities. The American Civil Liberties Union has filed friend of the court briefs, based on the book, in the trials of Skatzes and Hasan.

A3N: Can you please tell us more about the hunger strike? How do prison officials publicly justify these conditions that are being challenged?

SL: As to the goals of the hunger strike, I refer the reader to Keith LaMar's statement. LaMar emphasizes that he understands the prison system's concern for security, but, he insists, a 'privilege" such as the opportunity to touch a parent or other relative does not threaten security. The more than 150 other death-sentenced prisoners in Ohio enjoy such privileges. On the other hand, the Lucasville Five are held alone in their small cells 23 hours a day, and when released for an hour of so-called recreation cannot be in the same space as any other human being.

A3N: Can you please explain why George Skatzes is not currently housed alongside the other four members of the Lucasville Five and how his conditions differ from the others?

SL: George Skatzes was transferred to OSP when it opened in 1998 along with the other members of the Lucasville Five. He was transferred out two years later because the authorities feared that he was so depressed that he might commit suicide. He is held with about thirty other death-sentenced prisoners considered seriously mentally ill at the Mansfield Correctional Institution, north of Columbus.

A3N: How can our readers best help to support the upcoming hunger strike?

SL: Readers can help by contacting Professor Jules Lobel, vice president of the Center for Constitutional Rights, jll4@pitt.edu>, and Professor Denis O'Hearn, director of graduate studies in sociology at the State University of New York, Binghamton, < denisohearn@googlemail.com> They are circulating a statement of support nationally and internationally.


--Angola 3 News is a project of the International Coalition to Free the Angola 3. Our website is www.angola3news.com where we provide the latest news about the Angola 3. We are also creating our own media projects, which spotlight the issues central to the story of the Angola 3, like racism, repression, prisons, human rights, solitary confinement as torture, and more.



Freedom Archives
522 Valencia Street
San Francisco, CA 94110

415 863-9977

www.Freedomarchives.org

Questions and comments may be sent to claude@freedomarchives.org

New Year's Eve Parade of Fools: 2010.

Just came from the Fiesta Bowl parade in Phoenix. The signs facing the two AZ politicians below say "Stop Prisoner Abuse" (on "defend Human Rights") and "for a Happier New Year" (at my feet)...














joe arpaio

jan brewer

Scott Watch: Free at Last, Free at Last.

Spread the word: Both Justice and Grace prevailed in Mississippi this week - Jamie and Gladys Scott are to be set free at last...

Thank Governor Barbour at 601.359.3150

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Mississippi Governor's Office
Dec. 29, 2010

GOV. BARBOUR’S STATEMENT REGARDING RELEASE OF SCOTT SISTERS

"Today, I have issued two orders indefinitely suspending the sentences of Jamie and Gladys Scott. In 1994, a Scott County jury convicted the sisters of armed robbery and imposed two life sentences for the crime. Their convictions and their sentences were affirmed by the Mississippi Court of Appeals in 1996.

"To date, the sisters have served 16 years of their sentences and are eligible for parole in 2014. Jamie Scott requires regular dialysis, and her sister has offered to donate one of her kidneys to her. The Mississippi Department of Corrections believes the sisters no longer pose a threat to society. Their incarceration is no longer necessary for public safety or rehabilitation, and Jamie Scott's medical condition creates a substantial cost to the State of Mississippi.

"The Mississippi Parole Board reviewed the sisters' request for a pardon and recommended that I neither pardon them, nor commute their sentence. At my request, the Parole Board subsequently reviewed whether the sisters should be granted an indefinite suspension of sentence, which is tantamount to parole, and have concurred with my decision to suspend their sentences indefinitely.

"Gladys Scott's release is conditioned on her donating one of her kidneys to her sister, a procedure which should be scheduled with urgency. The release date for Jamie and Gladys Scott is a matter for the Department of Corrections.

"I would like to thank Representative George Flaggs, Senator John Horne, Senator Willie Simmons, and Representative Credell Calhoun for their leadership on this issue. These legislators, along with former Mayor Charles Evers, have been in regular contact with me and my staff while the sisters' petition has been under review."

CCA, Eloy: Jesus was a Prisoner, too.

Driving home from visiting a state prisoner for Christmas today, I was struck by how many prisons and detention centers are in towns (and wasteland) right off of the I-10 between Phoenix and Tucson - most located in Pinal County. Eloy is one such town - "city", rather, as I discovered when I turned off of the highway at one of their exits.

Lo and behold, not only is Eloy teeming with prisons (4 of Correction Corporation of America's 6 institutions of incarceration are located there, including Red Rock and Saguaro Correctional Centers), but it is also apparently a City of God. Christ's Father, that is.

Look closely at their sign...

Now, I actually found hope in that sign, but there are a lot of ways that could be read. Eloy, like virtually all prison towns, feeds largely on the lives of people imprisoned there from other places - mostly poor neighborhoods of big cities like Phoenix. Just listen to how prisons are sold to hungry communities: while saving the state money they promise revenue to build local schools with, jobs to fuel the economy, and bodies to add to the census and political pocketbook - bodies of people who have been stripped not only of their freedom as punishment, but also of the one right that most distinguishes U.S. citizens from non-citizens: the right to vote.

How that perverse penalty for most felons, regardless of the severity of their crime, is not considered a violation of the 8th Amendment in light of Trop v. Dulles, I don't know. I have my own feelings about citizenship in this country, but that's another blog post for another time. The point is that in a case in which a soldier was stripped of citizenship, the Supreme court found that "the total destruction of the individual's status in organized society... is a form of punishment more primitive than torture, for it destroys for the individual the political existence that was centuries in the development. The punishment strips the citizen of his status in the national and international political community. His very existence is at the sufferance of the country in which he happens to find himself..."

It's worth looking at, this whole felon dis-enfranchisement thing. It's a holdover from the Reconstruction era when former slaves were criminalized just so they couldn't vote or live free. That was well over a century ago. What are we still doing it for? I think it's one big contributing element to guards dehumanizing prisoners such that they can perpetrate the most disturbing violence on them without much regard to consequences - the fact that we already collectively diminished their basic rights.

In any event, American prisoners are not only widely marketed, traded and sold as commodities because states pay to confine them, but - as an end run around the Emancipation Declaration - they are even constitutionally defined as slaves. Both their labor and their mere existence are exploited to generate income for "host" (actually, "parasitic") communities, private investors, corporate and municipal employers of prisoners, vendors of all sorts - from those supplying commissaries/canteens to those monopolizing lucrative contracts for collect calls home to impoverished families.

The most revered beneficiaries of the criminalization and incarceration of vast numbers of the poor are those whose livelihoods (and children's medical care) depend on "fighting crime," "insuring justice," and "promoting public safety". Let's not forget our beloved politicians, too. They rake in money, adoration, and power from that in all sorts of ways.

Add all those folks up and it's no surprise that our society - particularly this state - fails to invest in proven strategies for reducing crime and victimization in favor of disenfranchising and dis-empowering those people who might resist the machinery that so violently destroys their lives and communities in retaliation for their offenses against property and the state.

One such person engaged in resistance would have been Christ. He really was a freedom-fighter, actually. A lot of people conveniently forget this, but he was a prisoner, too. Remember that line about "whatsoever you do for the least of these, you do for me"? He was talking about prisoners, among others.

So, to say that "the world needs Jesus" could mean that the world needs more prisoners, or it could mean that the world needs more forgiveness and grace. It could mean we need more bodies to buy and sell - and more consumers and workers to exploit for profit - or it could mean we need to overturn the moneylenders' tables and loudly protest the torture of our prisoners at the hands of sadistic and vindictive guards.

I don't know what the City of Eloy means to say by promoting Christ in the world - they will have to show us that themselves. I know what Jesus said about poverty, exploitation, judging others harshly, and caring for our prisoners. It's all spelled out pretty clearly in the Gospels. If you read only one, choose Matthew. Hit the Sermon on the Mount and then Matthew 25:35-40 in particular. Then tell me if the world needs more prisoners, or more mercy. More punishment or more care...


We have been at war in Afghanistan for nine years now, and in Iraq for almost as long (or more than twice as long, if you count the casualties of the sanctions). That's longer than any declared war in our national history, and there's really no end in sight, despite what time-lines the President offers. We're still sending our youth off to kill or be killed in the name of liberty and justice for all around the world, while doing so little to defend those two values here at home.

I find that unacceptable.

My wish for the new year is that the spirit of the Christ whose life and teachings I myself have learned something from is recognized and honored in every prisoner we hold in our facilities of detention, correction, and punishment - particularly by those among us who identify as "Christian". They seem to hold most of the keys to those places, ironically.

If the City of Eloy is truly a City of God, as it would seem they purport to be - then the Pinal County Sheriff and prosecutor would go after the abusive guards at Saguaro as swiftly and surely as CCA will go after the prisoners who rioted at Red Rock this week. They would not fear the political reprisal of honest citizens for doing so. If anything they would be seen as heroic for aggressively championing the human rights of people literally in chains who are at the mercy of their tormentors.

Likewise, if Eloy is a City of God, then CCA wouldn't get away with defending the employee misconduct at their institutions that we've heard about this month from Hawaiian prisoners. They would be out in front of this lawsuit, disciplining and referring the guards in question - as well as the warden there - for criminal prosecution, which the local criminal justice system would jump on. Of course, last I saw CCA was defending the despicable videotaped brutality of their guards in Idaho, too, so I don't expect that much of them. But I expect more of a City of God.

The state feeds us fear to maintain power, but in truth most American prisoners haven't physically harmed anyone but themselves. Even many who are charged with "violent" crimes never struck a soul. Robbing a bank with nothing more than a squirt gun or a note, for example, is considered a "violent" crime. So is brandishing a box cutter at security guards chasing you down for shoplifting (that got one mentally ill kid I adore 5 years, including a year in Supermax).

Now, if those are violent crimes, what do we call repeatedly assaulting and threatening to rape, torture, and kill helpless people? Why is every City of God not up in arms? Which of our brothers are we forgiving for what, and whose cries are we drowning out with our choirs on Sundays? Shall we continue to extract an eye for a dollar or a tooth for every rebuke of the state, and pay a dollar of our own money to those who threaten to extinguish prisoners' lives?

That isn't even how it was supposed to work in the Old Testament, much less the one dominated by Jesus.

I've been born more than once, I am sure, but because of the way Christ's life and message and symbols have been abused, I don't call myself a "Christian" or abide by the mandates of any religion. I just try my best to live by the principles and values that ring true to me, most of which are common but not exclusive to the Christian faith. Self-professed Christians out there need to consider for themselves what his truth is and how to live it; I just wish that if they identify Jesus as their role model they would follow his guidance a little more closely. The world would be a bit better for it...and we wouldn't constantly be at war in his name, either.

Christ, I have no doubt, would deeply disapprove of our system of "justice" in America - particularly Arizona - and how we perpetrate violence on our prisoners. After all, he was criminalized for defying both capital and the state, and lived and died as a prisoner himself. As I read it, he went out that particular way for a reason, too.

Anyway, for the sake of the thousands of disenfranchised, incarcerated and otherwise detained souls whose misery they have profited from, I hope Eloy is a City of Jesus' version of God. How they and CCA deal with the perpetrators of abuse in their prisons will tell us much more than the signs they've placed at their gates do.


(read CCA's rap sheet at the Private Corrections Working Group's website. Catch up on CCA's Idaho "Gladiator School", too. But give the people of Eloy a chance...)

And the World Changed: Mass Clemency for Christmas.

I'm taking Davon Acklin's family to prison today to see him for Christmas and may not be blogging much until tomorrow. Will thus leave you all with the wise words of another to contemplate and dream on: a marvelous holiday essay for all the prisoners and their loved ones out there, printed last year in the Huffington Post...


Blessings to all. Be safe and well this day.


------------------------



What I Want For Christmas: Mass Clemency

Jacob M. Appel
Bioethicist and medical historian
Posted: December 23, 2009 09:41 PM


The United States Constitution and the laws of most states permit the President and governors to issue pardons and commutations, a prerogative frequently exercised during the winter holiday season. Unfortunately, with a few laudable exceptions, our chief executives have displayed considerable stinginess--and even outright political cowardice--in exercising this remarkable power.


President George W. Bush drew criticism from liberals for only pardoning 189 individuals and commuting 11 prison sentences during his eight years in office, but Bill Clinton cut short a merely marginally better 61 prison terms and pardoned only 396 convicts. Most of those pardoned each year have committed small-stakes crimes in the distant past such as selling bootleg whiskey or passing bad checks. Others, like Dan Rostenkowski and George Steinbrenner, are politically well-connected. It often seems that the principal purpose of these rare reprieves, much like the pardoning of a Thanksgiving Day turkey, is to make the pardoning politicians appear generous and affable to the electorate.


Yet with the United States now boasting the highest incarceration rate in the world -- more than 1 in every 100 Americans in currently behind bars -- our nation is long overdue for a mass clemency of non-violent felons and those unlikely to re-offend. Such a collective pardon and commutation would reunite hundreds of thousands of families, save billions of dollars in incarceration costs, and might foster a national spirit of forgiveness and reconciliation.


Few American politicians have dared to issue mass clemencies in the past. Andrew Johnson's grant of amnesty to former Confederate soldiers and Jimmy Carter's pardon of Vietnam-era draft evaders are likely the two largest acts of blanket forgiveness -- and both helped to heal our national wounds after periods of great division. Former New Mexico Governor Toney Anaya and ex-Illinois Governor George Ryan both deserve credit for commuting all of their state's death sentences to life terms. However, our current political leaders -- in both parties -- far more often appear afraid to ask for broad or bold clemencies.


John McCain's drive to secure a pardon for African-American boxer Jack Johnson -- convicted in 1913 of violating the Mann Act for his relationship with a white woman -- embodies this problem. Don't misunderstand me: I am all for pardoning Johnson, and Ethel Rosenberg, and Sacco & Vanzetti, and righting as many of the moral miscarriages of history as possible. However, I would much rather free the thousands of non-violent offenders serving long sentences under the draconian Rockefeller drug laws in New York State. So here's my Christmas wish: Each chief executive should order a special panel to determine, as quickly as possible, which prisoners either have a history of extreme violence or pose a high risk of re-offending. Those meeting neither criteria should be transitioned home as quickly as possible.


The advantage of a mass clemency is that it can be framed in terms of social policy and a spirit of charity, rather than the merits of any specific incident. That is not to say that there are not thousands of individual cases worthy of attention. In Michigan, for example, Shontelle Cavanaugh has now gone nearly five years without a trial for smothering her infant during a psychotic break -- a calamity compounded when the local prosecutor withheld video footage of Cavanaugh at the height of her psychosis. Governor Granholm could order this unfortunate woman's release. And there is the tragic case of Michelle Collette in Massachusetts, whose own trial judge blasted the severity of her seven-year sentence for possession of 14 to 28 grams of illicit oxycodone -- an injustice that could be rectified by Governor Patrick. But by focusing on these individual cases, as compelling and heart-wrenching as they may be, one risks losing sight of the greater cruelty of denying human beings liberty long after they pose any meaningful threat to society.


An individual pardon focuses on the nature of the crime. A mass pardon allows us to transcend questions of right and wrong. Unlike an individual grant of clemency, which often suggests that a miscarriage of justice has occurred, a mass clemency avoids the controversial issue of whether justice has been served and focuses on the question of whether it furthers any ethical purpose to perpetuate the punishment. One could simultaneously pardon Scooter Libby and all of the undocumented immigrants detained on identity-fraud charges while still avoiding the political hot potato of endorsing their specific conduct.


While an individual pardon may appear to be a slight to crime victims, who also merit our recognition and empathy, a collective pardon does not mitigate the respect that we should accord these victims' suffering. Moreover, a one-time mass clemency does not undermine the deterrent effect of stiff criminal penalties, because no potential offender is ever going to break the law in the hope that a second, future mass clemency will free him if he is arrested.


One of the glaring -- yet too often overlooked -- failings of contemporary America is that we have become a nation obsessed with justice and retribution. We claim to be The Land of the Free, yet we have lost sight of what it means to be imprisoned: denied liberty and access to one's family, subjected to isolation and violence and unspeakable boredom. We have come to believe, in the most pernicious way, that people should get what they deserve. What a sea change it might be in our public discourse and our civic life if we focused instead upon mercy and forgiveness. A merciful and forgiving culture might find itself with less anger, less social disruption, and even less crime. If we liberated only half of our prisoners, we could spend the billions of dollars saved educating children, or providing substance-abuse treatment to addicts, or training mental health workers -- breaking the cycle of neglect that sets future prisoners on their initial trajectory toward misconduct.


I am not naive enough to believe that all of our prisoners should be freed. Some individuals are truly unfit for reintegration into society. No reasonable person would argue that Charles Manson or Scott Roeder or admitted Al Qaeda terrorists should be sent home for the holidays. Fortunately, the majority of our more than two million prisoners are not fanatics and sociopaths. Many are good people who have exercised poor judgment. They have the same hopes and dreams as ordinary, free Americans, but they now squander their lives behind bars because our prison-industrial complex has gone haywire. They are, in short, the meek and wretched who the Biblical Jesus -- whether literal or figurative -- would want us to remember in our holiday prayers.


Will the White House read this column and decide upon a mass clemency? Unlikely. Such a bold step might make President Obama truly worthy of his Nobel Prize, and win him the praise of history, but political leaders of all stripes think in terms of poll numbers. I suspect that a mass clemency could be sold to the American public -- particularly as more and more Americans find their own loved ones imprisoned -- but I understand that to attempt such a courageous step requires a leap of considerable faith. I am more optimistic that, if enough people clamor for a mass clemency, one inspired state governor -- possibly a lame-duck chief executive without a political future -- will consider such a dramatic and compassionate act. If that happens, and the social order does not crumble, other political leaders may have the courage to follow. In the interim, I can only hope that the government lawyers assembling last-minute pardons lists, possibly as I write this, remember that each name they add to their clemency register is another flesh-and-blood human being who will be able to spent the Christmas holiday with his or her family.

from the Syracuse Cultural Workers

Defend Free Speech for a Happier New Year.

 December 22, 2010

  

I complained to the Phoenix Police today about being handcuffed and perp-walked Wednesday morning while exercising my First Amendment rights outside of City Hall. Then I informed them of my intention to chalk in front of their HQ. I was really just telling them what I was up to so I wouldn't get tasered or shot; I wasn't asking them for permission or to cut me a "break". 

It didn't go over very well. 

We argued for about 20 minutes, during which time one officer insisted that the "ground" in the Arizona Revised Statutes (pasted below) refers to dirt, not the sidewalk or street or anything paved. I was ultimately threatened with arrest on the spot and being booked into jail for criminal damage if I proceeded to chalk the walk, which I did.

I told them as I was walking out the door that I'd respect their access to their loading zone - which one officer made a good point about - but that as I understood it, chalking sidewalks isn't against the law, and if they really believed it was to come and get me. I'd rather have it out once and for all in court than haggle with them about it every time. Sooner or later, one of them is bound to hurt me.

They left me alone once I got started. They didn't even take down my personal information when I offered it (they probably already know who I am and where I live...). 

Perhaps the "Graffitti Detectives" will chase me down another day. In the meantime, though, since my free speech at City Hall had just been stomped on, I still needed to make a "Happier New Year" card. 

Here's two:

Let me know which one you like most and I'll send it to you - 

just be sure to give me your snail mail address.

-------------------------------

 From the Arizona Revised Statutes: Criminal Code

13-1602. Criminal damage; classification

A. A person commits criminal damage by recklessly:

1. Defacing or damaging property of another person; or

2. Tampering with property of another person so as substantially to impair its function or value; or

3. Tampering with or damaging the property of a utility.

4. Parking any vehicle in such a manner as to deprive livestock of access to the only reasonably available water.

5. Drawing or inscribing a message, slogan, sign or symbol that is made on any public or private building, structure or surface, except the ground, and that is made without permission of the owner.

B. Criminal damage is punished as follows:

1. Criminal damage is a class 4 felony if the person recklessly damages property of another 

in an amount of ten thousand dollars or more.

2. Criminal damage is a class 4 felony if the person recklessly damages the property of a utility in an amount of five thousand dollars or more or if the person recklessly causes impairment of the functioning of any utility.

3. Criminal damage is a class 5 felony if the person recklessly damages property of another 

in an amount of two thousand dollars or more but less than ten thousand dollars.

4. Criminal damage is a class 6 felony if the person recklessly damages the property of another 

in an amount of one thousand dollars or more but less than two thousand dollars.

5. Criminal damage is a class 1 misdemeanor if the person recklessly damages property of another 

in an amount of more than two hundred fifty dollars but less than one thousand dollars.

6. In all other cases criminal damage is a class 2 misdemeanor.

Kevin Gerster's Arraignment

Corrections/Clarification

Bill Montgomery's follow-up HERE

I made it down to the Maricopa County Courthouse this morning where Kevin Gerster was arraigned. The courtroom was late opening up, though, and there were 67 people on the morning's docket - the first half of whom were in custody and appearing from jail via video-camera. It was interesting to see that the only defendant not being represented by a public defender of some kind was Gerster - who is being very well-represented, no doubt, by David Cantor.

Before court commenced, the prosecuting attorney asked if any victims were present. None stepped forward, so I got up and introduced myself as representing the interests of families of people with serious mental illness, explaining that I was there to observe Gerster's indictment. I don't know if she was aware of my communication with Maricopa County Attorney Bill Montgomery or not, but she seemed somewhat annoyed with that, saying "it is what it is," then turned back to her table, effectively dismissing me.

Gerster entered the courtroom when I did, along with 3 companions - one of whom looked like he could be his brother. While hanging out in the lobby before the doors opened, Gerster looked relaxed, chatting and even laughing aloud with his lawyer. All I could think of was him assaulting those two mentally impaired, physically restrained prisoners for what appeared to be no reason but sadistic pleasure, and how much I wanted to see that guy sweating this out in chains and stripes with a court-appointed attorney, instead. That's not very abolitionist of me, I must confess, but honest.

As court commenced and Commissioner Lynch began to work his way through the prisoners in the order they were listed, I thought I was in for another hour or so, and ran out to drop more change in my meter. Big mistake. Needless to say, by the time I made it back through security and up to the 8th floor of the East Court House, Gerster was done and gone. No surprise, I guess - since his attorney was there only for him, my bet is that the judge called him up soon after I stepped out so Cantor could make it to his next appearance.

Privilege has its perks.

Fortunately KPHO was paying attention. Gerster plead "not guilty" to all charges and it was probably over in less than 2 minutes. He isn't due in court again until his pretrial conference on February 10 at 8:15am.

I'll post any updates here, but there likely won't be much more news on him unless the MCAO decides to drop one or more charges. I've decided to place a widget near the top of this page, too, with upcoming court dates of interest - a lot of cops here are criminals, it seems. This could drag on for a year before there's any trial or resolution, so I'll take more responsibility for organizing people to attend hearings.


William Hughes, one of Gerster's victims, is better-represented now, by the way - I believe through the Homeless Legal Assistance Project, where Craig Logdson mentors law students, and Ian Fischer is also somehow affiliated with. They appear to have sprung him even though he's facing a Rule 11 competency hearing in January. I don't know his current circumstances, but at least the kid won't spend Christmas in Joe Arpaio's cold, abusive jail. Frankly, I think his judge should just throw the charges out now and let him get on with his life; that guy has already endured enough.


No news on when/if William's other assailant, Alan Keesee, will be prosecuted. Millions of people have probably viewed that video by now, but as far as I know they're still "investigating" - and he's still on "paid administrative leave" (i.e. extended vacation).

Phoenix Ho-Ho-Homes Not Jails.

Was hoping to make a cool Christmas card for my friends while down on W. Washington early this morning, on the public sidewalk right outside of Phoenix City Hall. Experienced some chalkus interruptus, however, so this was about the best I could pull off...

I did get some pretty good cop-watching footage, at least. And the nice Phoenix Police officer (he was really very gentle while restraining me) who placed me in "investigative detention" went ahead and filed a complaint for the "Graffitti Detectives" to investigate and determine if charges should be pursued, which is a good thing.

I could have easily cleaned that up and avoided the possibility of prosecution, but I'm tired of the confusion and harassment. I have the cards of detectives who have given me their blessings, but my safety and liberty are too often at the whim of each cop who has a different idea of what "criminal damage" constitutes. I'll fight it out in court.

Note that I switched out my cowboy hat for an elf cap this week, in keeping with the holiday spirit. I think that's why I was in cuffs while being questioned - my mental status was being assessed. Both the costume and the message (and my occasional chuckling to myself) seemed to alarm the police more than the potential that I was actually being destructive.

I was a little worried when we headed towards the car, but his handcuff key was hanging from the ring in the ignition - he was just getting ready to set me free.

Well, here you go - every picture tells a story, as they say...

Love and Power, to all my friends and comrades struggling to survive out there.