Citizens United for

Rehabilitation of Errants Turning Point: The Newsletter of Missouri CURE ♦ P.O. Box 1245 Cape Girardeau MO 63702

Phone 877-525-CURE (2873) Email: [email protected] Web: www.missouricure.org Summer 2012 From the Chair: by Hedy Harden State of the Organization Missouri CURE Officers: issouri CURE had a successful Susan Kelly, a new advisory board mem- Hedy (Edna) Harden, Chair M annual statewide conference ber, is managing the birthday card project. Nancy Hight, Vice-Chair September 15 in Columbia. At Missouri CURE sends birthday cards to all of least 35 people were in attendance. its incarcerated members. Susan has also Becky Williams, Secretary Our speakers included Lewis Diuguid, been hosting our meetings since June when Maria Rubin, Treasurer Kansas City Star Columnist & we began planning for our con- Editorial Board member. I ference. Alesha Scherffius, Public Relations met Lewis last year at the We have become more Turning Point Editor: NAACP banquet held at JCCC involved with prisoner NAACP and was inspired by his pres- chapters and have attended sev- Hedy Harden

entation. We also heard from eral in-prison meetings. Prison- Rep. Rory Ellinger, one of the ers and prison groups have CURE Advisory Board: most progressive legislators in made generous financial contri- Michelle Dodson Missouri. I’m proud to say butions to our chapter, and this that he is also my own State has assisted our growth. We Kevin Hammerschmidt Representative. have increased our legislative Ruby Jamerson Paula Skillicorn led the group in an work and have lobbied at the capitol. This exercise designed to test people’s trust in has been a real learning experience and has Susan Kelly each other. She spoke about using our greatly increased our contacts with legisla- Allen X McCarter resources and moderated an open forum. tors. Prisoners are encouraged by even min- ute progress in this area and are grateful for Dolores Owen t’s been an exciting year for MO CURE. news keeping them abreast of legislation. Patricia Prewitt I Nancy Hight, our new Vice-Chair, has The parole board in Missouri has been Roosevelt Price Jr. successfully enlisted the support of keeping prisoners past their time to continue Bryan Cave, a prestigious St. Louis law firm, to qualify for federal truth-in-sentencing Paula Skillicorn to apply for non-profit status. Bryan Cave money. All of the State’s so-called efforts to Jon Marc Taylor has fought for exonerations of Missouri reduce recidivism are a joke when freedom is prisoners such as Josh Keser and George fraudulently denied to long-term prisoners Allen. We are especially grateful to Keith who are rehabilitated and low risk. Inside this issue: Kehrer, a partner at Bryan Cave, who has

taken on the filing for our 501(c)3 on a pro ur efforts to expose these issues have Prisons without A/C 2 bono basis. sometimes made dealing with the O JLWOP 2 Nancy has also led the charge as we took DOC more difficult. We have been on the issue of lack of air conditioning at refused admittance to the women’s prison in Changing the Criminal Code 3 some Missouri prisons during this extremely Vandalia for the upcoming NAACP banquet, CURE’s Vision for Justice 4-5 hot summer. See her article on page 2. supposedly because we are not affiliated with Our new Public Relations Officer, the NAACP. At JCCC some prisoners were New Board Members 6 Alesha Scherffius, will be administering our being prohibited from sending green checks Prison Performances 7 Facebook and Twitter pages. An ex-offender, for renewal of their memberships, but we Alesha has made extraordinary contributions have gotten that issue resolved. Parole Problems 7 to our efforts. Dolores Owen is keeping our More than one prison has sought to pre- website updated. Becky Williams, our vent offenders from receiving our newsletter Death Penalty Update 8

secretary extraordinaire, continues her which was mailed to them. We have learned We’re on Facebook, Twitter 8 excellent work. Maria Rubin, our treasurer, is from these battles and in most cases we have helping us update our financial records as we prevailed. Book Review: Lost Innocence 9

apply for nonprofit status. See Organization—page 10 In Gratitude 9 Memorable Quote 10 Page 2 Turning Point

Missouri CURE Launches Petition Campaign by Nancy Hight Lack of A/C in Extreme Heat is Cruel and Unusual Punishment

issouri CURE is seeking relief We contend that extra ice was pro- CURE M for the thousands of Missouri vided because the supply did not meet believes that prisoners who are housed in demand, that fans mostly blow around hot air- cells without air conditioning. While air and do not adequately relieve the situa- conditioning many of the newer prisons have A/C, the tion, and that not all prisoners have access needs to be older ones do not. Some, such as North- to misting fans and ice on a constant or extended to east Correctional Center (NECC) in as-needed basis. We are skeptical about transporta- Bowling Green, were designed for A/C, checks being made on the elderly and tion, as these but the air is only routed to staff areas, infirm, and we believe that none of the conditions while prisoners swelter in triple-digit heat. remedies, of which the DOC stated it was constitute Hundreds in solitary do not even have “very proud,” were adequate. cruel and unusual punishment as well. fans in their cells, which have no electri- Missouri CURE subsequently Missouri CURE launched a petition cal outlets. notified every State Senator and Repre- drive at our annual statewide conference One prisoner who had a heat attack sentative of this dire situation and asked September 15, 2012 in Columbia. A returned from the hospital after heart sur- for help in rectifying the matter. We petition addressed to the Speaker of the gery, only to be placed in the same over- received responses from outraged Missouri House of Representatives was heated cell. members of the legislature who said they distributed. A copy of this petition is We believe that this is a grave situa- had been unaware of the situation and being sent to all outside members. The tion which has a tremendous negative were “shocked” or “devastated”. petition is also available on our website. impact on the health and lives of all pris- In late August, the Missouri DOC We hope that you will make copies, get oners affected. Missouri prisoners have installed large thermometers in the hous- signatures, and mail them back to us. We suffered cruel and un- ing wings at NECC. We believe this is a plan to initiate an online petition as well, usual punishment dur- positive development in that at least the with a place for comments from anyone ing this summer’s ex- internal temperatures of the buildings can with concerns or information to share. treme temperatures. It be monitored; however, this is only a As the memory of this summer’s is the responsibility of STEP in the right direction. We will not record-breaking heat begins to fade, our the Missouri Depart- be satisfied until air-conditioning is pro- campaign for justice for Missouri prison- ment of Corrections vided for ALL Missouri prisoners. ers will NOT fade. This is a human rights (DOC) to protect the We are also concerned about the issue. We will continue our fight for health and welfare of buses that transport and transfer Missouri humane treatment until justice is served. prisoners in its custody. We demand im- prisoners. We have received a personal If you know of any heat-related inci- mediate steps be taken to correct this account of a six-hour bus transfer in 101- dents affecting prisoners that could help situation. degree heat, with windows tightly shut, this campaign, please write or call us. In late July, the U.S. Fifth Circuit and no water provided for the entire six Whether or not you are a current member Court of Appeals held in a Texas case hours. One prisoner became so sick that of Missouri CURE, you have the potential that, “Allowing a prisoner to be exposed he had to be carried off the bus. His tem- to help thousands of Missouri prisoners by to extreme temperatures can constitute a perature was 104 degrees. Missouri joining this fight for justice.
violation of the Eight Amendment.” This was a landmark case for the Texas Civil Rights Project, of which Texas CURE Supreme Court rules against Juvenile LWOP was an active participant. We believe that n June 25 the Supreme Kagan, who wrote the opinion for the Missouri prisoners’ rights have also been Court ruled 5-4 that it is majority. Justices Kennedy, Gins- violated, and we ask the Missouri DOC to O unconstitutional for burg, Breyer and Sotomayor joined in take proactive measures. states to mandate a sentence of that opinion. In August 2012, Missouri CURE and life without parole (LWOP) for Evan Miller and Kuntrell the Kansas City Criminal Justice Task juveniles convicted of murder. Jackson were both 14 when con- Force (CJTF) launched a letter-writing Judges can still impose LWOP victed, Miller of murder in Alabama campaign to the Missouri Department of on youth for individual cases. and Jackson of being an accomplice Corrections. We received a response from We "hold that mandatory life without to a robbery/murder in Arkansas. Dave Dormire, Director of the Division of parole for those under the age of 18 at the The Court had earlier ruled out capital Adult Institutions, stating that the DOC time of their crimes violates the Eighth punishment for juveniles as well as life had supplied extra ice, fans and “misting” Amendment's prohibition on 'cruel and without parole for youth whose crimes did fans, and that they had made additional unusual punishment’," said Justice Elena not involve killing.
checks on the elderly and infirm. Summer 2012 Page 3

Changing the Criminal Code by Alesha Scherffius

n Wednesday September 12, Class C - 15 days in jail code, if you O 2012 the Missouri Association Class D – fine only are in a bar for Social Welfare (MASW) held fight you the quarterly meeting of its Criminal This proposed change would be an could now Justice Task Force. I represented Mis- attempt at keeping lesser or petty stand the souri CURE at this meeting, which was offenses out of jail. The true test will be possibility held to discuss proposed revisions to the whether or not this will work. of going to Missouri Criminal Code. We heard from There are other significant changes. prison for a Joel Elmer from the Missouri Public De- They have proposed to take the offense Class E fenders Office and Jason Lamb from the of possession down a class in order to felony IF State Prosecutors Office. State Rep. Rory lessen the number of non-violent offend- you meet Ellinger dropped in and spoke as well. ers that go to prison. They have also the criteria For the past 4 years a committee of proposed to get rid of the prohibition on of “recklessly causing physical injury”. prosecutors, public defenders and defense probation and parole for prior and Basically if you give someone a bloody attorneys (equal number for both sides of persistent offenders and high-end drug nose and a black eye you have just met the law) has been working to revise the offenders—meaning that if you are the criteria. current criminal code, creating a 1,000 sentenced to one of these two types of They have also gotten stricter on page document. This has resulted in offenses you WILL be able to be put on Domestic Violence. If you have a prior clearing up of wording and basic restruc- probation or paroled on your sentence history for ANY type of assault then you turing, as well as shortening sentences for from prison. This has not been an option will be sentenced to more time due to non-violent offenders and becoming for many offenders. your prior(s). stricter on violent offenders. The proposed criminal code also There are no proposed changes to the One of the largest of the proposed proposes to eliminate the double sex offender registry, life with- or changes is addition of a proposed fifth enhancement option for prior and persis- without parole sentences, or death pen- class to the current four-class system of tent offenders. Meaning you could not alty sentences. All of these issues are still felonies. Currently Missouri has the fol- receive “prior and persistent” for both the up in the air and are being worked on by lowing sentencing class system in place: number of felonies you have in your past several different organizations through- that are the same charge and the total out the state. Class A 10-30 years or life number of felonies in your past. This is a Class B 5-15 years definite plus to repeat offenders. ll in all, the document is aimed at Class C 1-7 years They have consolidated several A putting and keeping violent of- Class D 1-4 years. items in the proposed version of the fenders in prison, while keeping criminal code. In the current version non-violent offenders out of prison and With the proposed changes, A and B there are many different forms of rape lessening their sentences. Currently, out would remain the same. C and D would and stealing. In some situations they have of 30,000 incarcerated inmates in the change to the following: combined them to turn them into one State of Missouri, 70% of the population statute. For example in the rape category is made up of non-violent offenders. This Class C 3-10 years they have taken the different statutes ratio would change if this proposal goes Class D 1-7 years concerning the rape of a police officer, through, although the total number in Class E 1-4. years corrections officers and the elderly and prison probably would not change. made a special victims category which Currently the proposal is being The new proposed class system is an fully encompasses all these categories looked at by a Missouri legislative attempt to close the sentencing gap and several others, all holding the same committee in order to be turned into a bill between the current Class B and Class C sentence. In the stealing category every to then travel through both the House and felonies. Lamb claims it will offer more statute had a different amount that had to the Senate. It remains to be seen what options when trying to reduce the be met as far as loss. They have now will happen to it or if the changes will sentence in a plea bargain. made $750 as the minimum amount for a help. Unfortunately, none of the propos- They have also proposed changing felony across the board. That way every als will affect anyone who is currently the classes of misdemeanors by adding a stealing charge is equal by carrying only incarcerated.
fourth class. The classes would then look one amount. This $750 amount also like this: raises the minimum amount up from No one is free when $500. Class A – one year in jail In the category of assault there have others are oppressed. Class B – 6 months in jail been some changes. In the proposed Page 4 Turning Point

Dear Friends, the following position was unanimously adopted on September 3, 2012, during the board meeting of International CURE held in Washington, DC. —Charlie Sullivan, Executive Director CURE’s Expectations for a Justice system

The justice system shall understand There shall be no mandatory B ecause we believe that… and consider the individual’s background sentences, since they prevent adequate and accomplishments, as well as the consideration of aggravating and • No one deserves to be measured only by mitigating circumstances of the crime as mitigating circumstances. the worst thing s/he has ever done. thoroughly as they understand and con- We shall utilize non-incarcerative • Everyone deserves to be treated with sider the aggravating circumstances. sanctions whenever possible. Those dignity and have his or her human rights No plea agreement shall occur include, but are not limited to: preserved. without negotiations that are done with an • Restitution • Justice systems should be restorative engaged and competent attorney, in a • Forfeiture of all gains from rather than retributive. manner that does not result in harm to any economic crimes • There is no way to create a perfectly safe other defendant, and includes the judge. • Therapeutic solutions world. Expecting that of our justice • Restorative/transformative justice systems leads to policies that are counter- (Alternative restorative justice productive. programs shall be provided to an • Detention must be justified by a individual when the victim is legitimate public safety concern. unwilling to participate.) • Those who are incarcerated should have • Community service all of the resources they need to turn their • Fines and fees based only upon lives around. one’s ability to pay. • No one should be incarcerated for his or No one shall be sentenced to a prison her immigration status. term unless it will serve a greater purpose • National and international human rights Anyone who refuses to negotiate a than incapacitation. documents provide a sound basis for plea agreement and is subsequently tried The minimum sentence for any ensuring that justice systems meet these and convicted shall not be sentenced to a offense shall be only long enough to com- goals. longer term than was offered in plete an appropriate, well-defined treat- • The politics of fear should not be negotiations. ment and training program. Programming allowed to influence sentencing practices The defendant shall not appear in shall be provided in a timely manner. or parole policies. court in shackles, restraints, or jail Time added for aggravating • All efforts should be made to depoliti- “uniform.” circumstances shall not exceed the cize justice system offices. Any action that results in the sentence for the basic crime. • Drug use should be decriminalized and deprivation of an individual’s liberty shall We shall not give significant weight treated as a public health issue. be decided based only upon the “beyond a to prior criminal history when crafting a • All juvenile cases should be handled in reasonable doubt” standard. sentence without considering the the juvenile system that is geared toward There shall be no loss of voting rights probability that recidivism represents a rehabilitation and education rather than as a result of a criminal conviction. failure of the justice system. incarceration. The criminal prosecution system shall Felony murder statutes shall be consider evidence of someone’s eliminated. e therefore believe that the innocence, regardless of when that All mandatory minimums shall be W following practices should evidence becomes available and whether abolished. define our justice systems or not the court process or representation The cost of the sentence shall be with respect to… was flawed. identified at the time of sentencing.

Treatment of the Incarcerated Adjudication: Sentencing: : Anyone accused of a crime shall be We shall not incarcerate persons who The Prison Litigation Reform Act represented by an attorney who has the are mentally ill. shall be eliminated. qualifications, resources, and time to We shall not incarcerate persons who Persons who are incarcerated shall thoroughly explore the circumstances are developmentally disabled. have access to earned benefits (e.g. retiree surrounding the crime and advocate for Juveniles shall never be housed in health insurance, veteran’s health care, the defendant. This is true whether the adult facilities. veteran’s educational benefits, etc.) in crime is considered violent or nonviolent There shall be no death penalty. cases where the department of corrections and whether it is resolved by trial or plea No one shall be sentenced to life cannot or will not provide comparable agreement. without parole. services. See Expectations—page 5 Summer 2012 Page 5

Expectations—from page 4 number of persons on a visiting list or of conviction and criminal history shall call list. At the very least, persons who not be a factor other than the impact they No one shall be subject to long-term are indigent shall be provided with post- may have on the outcome of a risk restraints (greater than 4 hours) unless age and writing materials to facilitate assessment. authorized and monitored by a medical contact by surface mail and at least one Lack of programming staff shall not doctor. call per month to family or friends. be used as rationale to delay release. Individuals shall be provided timely While incarcerated, individuals shall Based upon validated risk assessment and appropriate health care. No fees be given responsibilities and decision- results, persons who have not completed shall be charged for health care. making opportunities. Every opportunity programming through no fault of their Persons entering the system shall be shall be made to utilize the talents of own shall be released to the community evaluated to determine their educational, those who are incarcerated. Those where they shall receive community psychological, and social needs. Every opportunities may be in the form of treatment and monitoring to ensure their effort shall be made to address those facility operation and maintenance, successful re-entry. needs while the individual tutoring one another, is incarcerated. or providing public veryone past his or her minimum No one shall be held services. Where it is E release date shall have an oppor- for a lengthy period in a possible for an tunity for release annually. facility (e.g. jail) that individual to gain No one shall be denied release provides very limited certification in an because of a pending appeal or for lack programs and services. area of expertise, such of a home placement. If the individual is No person shall be certification shall be not able to live with family members, held in isolation for a encouraged. Those adequate housing shall be provided nonviolent infraction. who are incarcerated shall receive outside of the prison system. No person shall be held in isolation adequate compensation for the work No fee shall be charged by the state for a total of more than four hours for a they perform. for probation or parole services. This is violent infraction. Persons shall be paid a minimum the responsibility of the state govern- There shall be mechanisms to wage, with a portion going to fines, fees, ment. prevent overcrowding, since that child support, victim restitution, and Licensing restrictions shall be contributes to inhumane treatment. savings for use upon release. To the imposed only if there is a strong correla- No one shall be shackled or degree possible, community service tion between the crime(s) committed and restrained during labor, or if it will inter- programs shall be available for the activity being licensed. fere with the delivery of medical care. interested persons. Anyone released from a prison shall Every effort shall be made to The United State shall ratify the have access to a re-entry program for compensate for lack of education that United Nations Optional Protocol to the assistance with housing, transportation, may have contributed to a person’s Convention Against Torture (OPCAT), job searching, health care, and other criminal behavior. GED classes shall be and shall set up a mechanism that will needs. standard and provided free by the state operate to prevent abuse and torture in Incarceration shall not be extended to all prisoners without a diploma or the country’s confinement facilities. through mechanisms such as civil GED. Aptitude testing and vocational No person who is incarcerated shall commitment, lifetime parole, or home training shall be provided to ensure job have administrative, disciplinary, or confinement. No individual shall be sub- readiness upon release. supervisory power over others who are ject to residency restrictions. Individuals who are incarcerated incarcerated. Community supervision, in the form shall be able to access Pell grants and There shall be no involuntary of probation, parole, or registration shall other similar aid programs to facilitate interstate transfers. be imposed only if a dynamic risk their pursuit of a college education. Housing shall be by consent. assessment indicates it is warranted. Persons shall be listed on police rograms, policies, and tools shall Release of the Incarcerated: registries only if they screen high risk on P ensure that individuals are able to Regardless of the length of sentence, a dynamic risk instrument. There shall maintain their social networks individuals shall be released if they be no public registry. through fair and friendly telephone, become permanently physically Social security, veteran’s benefits, surface mail, email, and visitation ser- incapacitated and are no longer a risk to pension payments, etc. shall be available vices, including private family visits. the community. to the person leaving the prison system. Restrictions shall be imposed only if There shall be a presumption of All persons leaving prison shall needed to protect specific victim(s). parole at the earliest release date. have their birth certificate, social Family members in the free world shall security card, and state ID card.
Release decisions shall be based upon be able to visit any and all incarcerated validated, dynamic risk assessments and family members. Subject to security performance (including therapy) while screening, there shall be no limit to the incarcerated. The nature of the offense Page 6 Turning Point

Meet our New Board Members

Nancy Hight, Vice-Chair Nancy came aboard with a mission. Her son is one of the thousands of Missouri prisoners who suffered from the intense heat dur- ing the summer of 2012 with no air-conditioning. Given free rein to organize an opposition, Nancy has waged a heroic struggle to gain publicity, to amass information, and to protest the inhumane treatment of men and women behind bars. Along the way she sought the help of Bryan Cave law firm, where partner Keith Kehrer has taken on the pro bono filing for Missouri CURE to be- come 501(c)3 certified as a nonprofit organization. It has taken us more than 20 years to reach this point, and Nancy jumped in and got it done.

Alesha Scherffius, Public Relations Officer I am an ex-offender having served 4 years out of a seven year sentence for the state of Missouri. I also served 42 months for the Bureau of Prisons (federal system) while in the State of Missouri DOC. I was in Vandalia (WERDCC) for almost a year and then in Chillicothe from 2009 - 2011. I have a BA in Criminology and Criminal Justice from the University of Missouri-St. Louis. While incarcerated I earned a certificate in Basic Electricity and Electronics, served as the Secretary for 4-H BLING (Building Leaders into the Next Generation) and was a Dorm Council Representative. I have always had a passion for studying the system and have always wanted to help make a difference within the system. I learned a lot while I was incarcerated and hope to put all that knowledge to use for Missouri CURE. Advisory Board

Kevin Hammerschmidt One of my educational accomplishments while in prison involves passing the Braille Certification Course with a 92%. I am now certified by the U.S. Library of Congress as a Braille Transcriber. Through my membership with Missouri CURE, and as Political Action Committee Chair of the JCCC NAACP Branch 4072, I strive to build trust and a professional relationship and help where I can. I have taken on the role of exposing the wrongs and civil rights violations done to prisoners every day. Having done extensive research on the 85% law, the single subject rule, and the Missouri Parole Board, I know these issues forward and backward. I believe I have the calling and drive to be a political activist for prison reform and hope to someday be a voice for Missouri CURE.

Ruby Jamerson serves as President of NAACP chapter 44BB at WERDCC, where she has been an active member since 2003. Under her leadership they have made care packages for wounded troops and donated food and school supplies to the community. Ruby has been a 4H-LIFE leader since 2008. The group has made blankets, hats and scarves for nursing homes and school chil- dren. She’s been involved in Restorative Justice for the past 10 years. She volunteers weekly in the library, helping other prisoners with legal research. For the past 11 years Ruby has been employed with Missouri Vocational Enterprises. She is currently a supervisor in the clothing factory, where she has nearly 20,000 hours of on the job training and has received numerous accolades. Ruby is scheduled for release in 2013 after 25 years in prison. Always eager to accept new challenges, she plans to assist ex- offenders with job skills, housing, educational skills and counseling upon her release.

Susan Kelly is the principal of a middle school in North St. Louis County. She has a brother in the Missouri Department of Corrections. Susan believes that a focus on high rigor, engagement, and positive relationships in the classroom is key to keeping our young people focused on a prom- ising future. Susan also believes it is of utmost importance to work on fair sentencing and the re- peal of the 85% law. Since joining Missouri CURE in May, Susan has opened her home to host meetings and opened her heart to assist in many ways. Without her help, our 2012 annual conference would not have been the success it was. From donating time and money, to getting family members involved, to helping us organize, Susan has become a vital part of our organization.

Roosevelt Price Jr. I have been incarcerated for 20 years serving a sentence for second degree murder. I have a 22 year old daughter and a 21 year old son as well as a granddaughter and a grandson. I have changed my thinking while incarcerated. I went from taking a life, to almost losing my life, to saving lives. I share my story while facilitating Impact of Crime on Victims (ICVC) and Criminal Thinking classes and help others to understand how we have impacted our families, our victims and our communities. From earning my GED, to completing numerous trades, to certification by the Library of Congress as a Braille Transcriber, I have reached many of the goals I set for myself. I’ve been employed at the Braille and Narration Center here since 2004. I’ve been involved with the NAACP since 2005 and currently serve as President of NAACP Branch 4072. I’m trying desperately to get out of prison so that I can be a kidney donor for my father.
Summer 2012 Page 7

One Flew East and One Flew West, and One Flew Over the Cuckoo’s Nest Metamorphoses By Hedy Harden WERDCC July 20, 2012 By Hedy Harden NECC June 14, 2012 ast night my son Rob and I L joined a packed house he second act of One Flew Over the Cuckoo’s Nest was attending the presentation at T even better than the first, viewed back in February. An Vandalia of Metamorphoses, spon- overflow crowd thoroughly enjoyed this performance sored by Prison Performing Arts. by the prisoners of the Theatre Project at Bowling Green MO. The 14 women of WERDCC Three women from the outside joined the men inside in staged a dazzling performance, dramatizing the classic play inspired by the book of the same portraying scenes from Ovid such as King Midas and the name written by Ken Kesey back in the 1970s. Golden Touch. In the play, the inmates of the nuthouse rebelled against I finally had the chance to meet Patricia Prewitt, the iron fist of evil nurse Ratched and scored some temporary Missouri CURE advisory board member and Assistant victories, but ultimately she retained the upper hand, destroying Director of the show, as well as other cast members, some of the mind of freewheeling Randall McMurphy through a lobot- whom. played several roles. Several women also recited omy. Yet longtime captive Chief Bromden escaped in the end. poetry during the “Spoken Words” portion of the program.




Problems with Parole by Hedy Harden

Truth-In-Sentencing/85% law Truth-In- provide for release on parole after a shorter NAACP, which has agreed to circulate an

Sentencing (TIS) legislation passed nation- period, this is being ignored by MBPP. initiative petition in all 9 districts to gain a ally in 1994. The federal government began ACA Armed Criminal Action (ACA) as an proposition on a 2013 ballot to change the giving states big bucks to pass TIS enhancement to a sentence carries a 85% law. The men also created a resolu- sentencing and keep violent offenders sentence of 3 years according to Missouri tion to repeal the United States Truth in longer. Mandatory minimum sentences statutes. However, the MBPP is errone- Sentencing Act. The resolution was were increased. The U.S. Congress ously using the Edger ruling regarding concurred and ratified by the NAACP authorized funding for the building of ACA to require anyone with a sentence of National Committee. This constitutes a additional State prisons through the Violent 15 years or more to serve additional 10- huge step towards prison reform. Crime Control and Law Enforcement Act year sentences for each count of ACA. Passage of the 85% law in Missouri of 1994. Incentive grants were awarded to was itself unconstitutional, in that it vio- States that met eligibility criteria. Around Missouri Receiving Federal Funds lated the single subject rule . After Senate the country states began a massive prison- Documentation from the Bureau of Justice Bill 763 reached the House, provisions building boom. Statistics clearly affirms that states were added that changed the original Missouri passed its TIS law in 1994, qualifying under Truth-in-Sentencing laws purpose of that bill. Missouri law requires requiring violent offenders to serve at least continue to receive federal funds since 1994 that a statute should embrace only one 85% of their sentences. Missouri built 5 up to the present time. topic, which should be stated in its title. new prisons during the 90s, all but one MBPP is virtually autonomous, Illinois’ TIS law was challenged on the maximum security facilities. answering only to the Governor. It’s clear same grounds, that its passage violated the Now even 85% does not seem to be that there is a concerted effort to keep single subject rule of the State Constitution enough for the Missouri Board of Probation people locked up to qualify for these and was thus unconstitutional in its entirety. lucrative federal funds. and Parole (MBPP). Prisoners with The Illinois law was overturned on those excellent institutional records and who have NAACP Branch 4072 at JCCC created a grounds. rehabilitated themselves through participa- proposal for legislation that would change Unfortunately, challenging Missouri’s tion in programs and making honest efforts the 85% law. Missouri CURE created a TIS/85% law will be overwhelming and at changing their attitudes are being forced petition based on this proposal which we cannot be done without an attorney. Senate to do up to 19 out of 20 years. There is no advertized on our website. Unfortunately, Bill 763 involves numerous state agencies justification for holding them so long. This one of our officers resigned and took the that would not be able to operate if this law is completely contrary to the principles of petition with her. At least 2 other groups were abolished. rehabilitation, since there will be very little have initiated similar online petitions, and Working for Change Besides initiating parole time to help them transition to we are looking into working with them to petitions and lobbying for change, we must society upon release. combine our efforts. raise public awareness and influence public Virtual 85% Numerous prisoners We have also lobbied to get the opinion. We can write letters to editors of sentenced prior to 1994 are now being held NAACP proposal introduced as a bill. our local newspapers, or email them online. to 85% mandatory minimums as well. The men of Branch 4072 were able to We can also contact our state representa- Although legal guidelines prior to 1994 get a resolution adopted by the statewide tives and let them know how we feel.
Page 8 Turning Point

Death Penalty Update Clemons Hearing in St. Louis convictions and numerous citations for Propofol Not to be from Jamala Rogers contempt of court. Sold to Prisons More than 2,000 people have been The evidentiary hearing for Reggie exonerated for serious crimes over the last The only domestic supplier of propo- Clemons ended September 20 after 4 days couple of decades. These are only the fol, the powerful painkiller that Missouri of testimonies and exhibits were heard and known cases and don’t include the hopes to use to execute prisoners, has seen by Special Master Michael Manners. hundreds who are poised for a new light to moved to prevent its use for that purpose. Early next year, Judge Manners will shine on their cases. It is unfortunate that The German company, with U.S. take on the next critical phase of his few will get the opportunity that Reggie offices in Schaumburg IL, said it would judicial obligation—to comb through has received thanks to the interventions of not sell to prisons. Fresenius Kabi sent a court transcripts, videotapes, audiotapes, the Missouri Supreme Court (as well as letter to healthcare providers informing exhibits and other related evidence that the long mass struggle around his case). them that the company would only sell the will inform his recommendation to the Justice should not be such a capricious drug propofol to approved wholesalers Missouri Supreme Court. The judge will and arbitrary commodity. and distributors who refuse to sell to have the unique capacity to review and As Reggie, his family and supporters prisons and retail pharmacies and who assess the totality of evidence in this case. begin the wait for Judge Manners’ agree to sell it only to hospitals, clinics What becomes abundantly clear from conclusion, we remain committed to and health care facilities using it for being in the courtroom all week is that our reforming the system that ensnares inno- medically necessary purposes within those justice system is broken and in great need cent victims and robs both families of the facilities. of an overhaul. convicted and murder victims’ families of It is not known whether Missouri had In the 1991 Chain of Rocks Bridge the justice and peace that they all deserve. already obtained a supply of propofol. tragedy, all three adult suspects alleged Propofol was made notorious when police brutality. The outcomes of their Death Row Exoneration an overdose of it killed superstar Michael allegations were very different: African Jackson, but Fresenius says it is one of the Americans Reggie Clemons and Marlin On September 28 a man on death row in world’s most widely used anesthetics, Gray received death sentences for the Louisiana since 1997 was exonerated. administered tens of thousands of times deaths of Robin and Julie Kerry; Tom Damon Thibodeaux was the 300th person daily. Cummins received a $150,000 settlement. to be exonerated by DNA evidence in the A pending lawsuit by 21 men on (Ed: Cummins’ father, a retired Navy Ad- United States. These exonerees served a death row in Missouri — including six miral, had described his own son as a combined total of 4,013 years in prison. In who may be next in line to die — argues pathological liar.) cases where the true perpetrator was that the use of propofol is unconstitution- Nels Moss, who prosecuted all of the caught, more than 130 violent crimes ally cruel because it would cause Bridge cases, was a top prosecutor for could have been prevented had the true excruciating pain upon injection. years, yet his career was riddled with at perpetrator been correctly prosecuted in Missouri is the only state to announce least 20 appellate overturns of his the first place. plans to use propofol for executions.

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Log on to Facebook. If you do not have an account, create one; Log onto Twitter. If you do not have an account, then create one; it’s simple. After logging in, follow these steps. it doesn’t take long. After logging in, follow these steps. ♦ ♦ Go up to the white tool bar that says “Search for people, Go to the white tool bar at the top of the page that has the little magnifying glass on the right hand side. places and things.” Type in Missouri CURE . ♦ . ♦ Press the Enter key. Type in Missouri CURE ♦ ♦ Once at the site, just below the Press the Enter key. ♦ horizontal picture is a small rectan- When the page comes up, look for gle that says “ Like ” with a the rectangular box with the word “thumbs up” symbol. “Follow ” and a blue bird inside of it. ♦ ♦ Click on it. Click on it.

fromAlesha ♦ ♦ The word “ Like ” will then change to “ Liked ” with a The word “ Follow ” will then change to the word check mark. “Following ”. ♦ ♦ Welcome to Missouri CURE’s Facebook page. You Welcome to our Twitter page. You may now begin to now have access to all postings right after they are follow on a daily basis all of the latest info on our work, posted. news and upcoming events. Summer 2012 Page 9

Book Review: by Hedy Harden Lost Innocence: Understanding Youth Who Kill ive Missouri prisoners—Chris cope with events in his life, Joe used a gang and fell into a life of criminal F Bowers, Joseph Yeager, Enrique alcohol and drugs to escape the pain, and activity and violence at a young age. Padilla, Sean Johnson and Ken- addiction slowly consumed his life. By Once he attempted suicide. He survived, neth Gilbert—tell their stories in this the age of 24, this former altar boy was only to end up serving a 75-year sentence poignant narrative of young lives gone sitting in the Jackson County Jail, facing for the tragic murder of another youth. “If bad. Although many of the stories are a capital murder charge for killing a man my story can reach out and touch just one

sad, the authors are not looking for pity. after a drunken bar fight. troubled soul,” said Sean, “then I could Instead, they hope to reach youth who proudly say that my life wasn’t in vain.” Enrique Padilla was uprooted from still have time to change their direction his beloved Mexico City home, his Kenneth Gilbert was raised in a and avoid prison or death on the streets. friends and happy childhood when his violent home. His parents divorced after Each of these young men experi- family moved to Kansas City for a better the death of his brother and Kenneth was enced severe trauma that resulted in shuffled from one place to an- rebellion, drugs, and other. Confused and starving eventually violence. for attention, he confided in his Christopher Bowers grandfather for love. Instead he grew up witnessing fre- found himself the victim of his quent vicious beatings of grandfather’s sick and sadistic his mother. Helpless to sexual exploits. Unable to cope, protect her and betrayed he became addicted to by the man he thought was his father, he life. Instead, Enrique was cast into a chemicals, and at the age of 18 he killed

turned to the streets for acceptance and lonely world where he could not speak for his next hit. love, joining a gang by the age of 12. A the language and was tormented by his The price of this book is $11.95. To few years later he was arrested and sent peers. Desperate for acceptance, he order, write to Lost Innocence, Inc., P.O. to juvenile lockup. A child with no hope, gravitated towards kids in the neighbor- Box 520871, Independence MO 64052 or at 17 he claimed the life of another youth. hood who shared his social rejection. He go to www.lostinnocence.webs.com .

Joseph Yeager was raised in the turned to drugs and alcohol to cope with Northeast KCMO area. Determined to his insecurities. With no direction, he Update: Two of these men have since see their son receive a better education drifted—until a foolhardy act of vandal- been released from prison. Chris Bowers than was available in the deplorable ism turned into the unintended murder of had hoped to attend CURE’s September a downtown businessman. 15 annual conference, but recently started public school system, his parents enrolled him in Catholic schools. At the age of 12 Sean Johnson was raised in a strict a new job and didn’t think it wise to take Yeager lost his beloved brother in a but loving family in Southeast KCMO. off work so soon. tragic death that alienated him from his His parents instilled in him the Enrique Padilla was released and former sheltered life and drove him to the importance of faith. Sean encountered immediately deported to Mexico, once streets and addiction to alcohol and racism on a daily basis at school. Peer again dislocated from family. But, he drugs. Emotionally detached, unable to pressure made his life hell until he joined says, “I’m proud of the person that I have become...I will be just fine.”

Following is excerpted from a letter CURE sent to Gavel Club 79 at SCCC in Licking MO lease accept our heartfelt thanks for your efforts in securing a $400.00 grant to pay for our 501(c)3 filing fee, “P which was accomplished as part of your Community Service Management Training program. Particularly impressive were the letters of inquiry from CSMT graduates and committee members Joseph Murchison and Ricky Maddix. We also appreciate the untiring efforts of Jon Marc Taylor in acquiring this grant. We thank the JMC Concern of Indiana for providing this generous award. We also gratefully acknowledge the critical support from Mothers of Incarcerated Sons & Daughters (MISD) in donating materials and supplies needed to complete the project. Achieving nonprofit status will permit us to save money on postage—which is a huge expense these days, apply for nonprofit grants, and encourage individual donors by allowing an income tax deduction.”

Other Donations Since March we have also received $250.00 from JCCC NAACP Branch 4072—as well as generous donations from the Rev. Sammie Clemmons, Jose Crespo, Thomas Cunningham, Kevin Dyal, Anthony Genovese, Charles and Sandy Hammerschmidt, Michael Irby, Jonathan Irons, Ruby Jamerson, Curtis Johnson, Joseph Larson, Albert Moore, Brian Oliver, Roosevelt Price Jr., Alden Redfield, and Dorothy Yeager. Please accept our sincere thanks and kindly forgive us if we missed anyone.
Page 10 Turning Point

Organization—from page 1 A year ago we had to replace two executive board members. Join Missouri CURE! Since then we have made further changes. It’s encouraging that we have been able to survive and grow despite these losses. We have Date also increased to 10 the size of our advisory board, which now has 5 incarcerated members. Name/ID# I’m proud to say that in the past year Missouri CURE has more than doubled its membership. A year ago we had about 150 Facility prisoner members. Now we have nearly 400. Our growth has Address brought a greatly increased workload. Fortunately our new members are providing valuable assistance. Thanks to all those who have contributed to making our City organization stronger than ever. We are extremely grateful to our prisoner members, who provide our inspiration and the backbone of State Zip our work. We appreciate your help, your letters and research, and Phone your efforts behind bars to make life better for others. Your continued trust is our strength.
E-mail “ Memorable Quote: I would like to thank you on behalf of Please check the annual membership

the many men and women in prison who have been touched type: in a positive way by your relentless efforts to produce a □ Prisoner $2.00 

positive change, because I truly believe that our passion for □ Individual $10.00 freedom is much stronger than any of their walls.” □ Lifetime $100.00 Reggie Miller #187988 PCC

□ Donation $

 For information on who represents you, Stamps from prisoners are welcome call your local Board of Election Commissioners or League of Women Voters.

CURE is NOT a service organization. We are an all-volunteer non-profit criminal justice advocacy organization. CURE has NO legal services. We advocate for criminal justice reform, but cannot take on individual cases.

Missouri CURE P.O. Box 1245 Cape Girardeau MO 63702-1245 MEMBERSHIP EXPIRES

Together We Stand — Together We CURE!