Inside Crowded State Prisons Than Common Sense and Experience

c.oR3: 3:R5~v.l&/; July/August 1989

From SOS to Upper Crust . 111 ·, ill 11 1n RESERVATION BULK RATE 11 11 U.S. POSTAGE 1 PAID FOR S!N311\10000 31Vf , '4, LII "0 11 11 K I... FLORENCE, Al. 85232 PERMIT NO. 31 SUCCESS G86 ~ ,,.., /\ON I =- f:i.. Arizona's Award Winning Prison Press $0~0~3~ Jl18rld '8 Thinking about release? A¥1~~JjQ ld30 of humdrum jobs, but want a good future? The hospitality-food M E N industry is wide open, and Pierre Marceau, the pioneer in parolee ~~- training, invites you to train as \_ a maitre d' or table captain. Rise above the cheeseburger men- tality. Rub elbows with the rich, ' <'---- -1'!· _ ~ , ...... ,,..,.,ff .... ~· like lawyers . Enjoy the panache ,.,,111'~ / /- I ~ ('\f 7\rj· .: ' and flair of serving fine er:1trees -· I j /! ·1 \ / : J ; 1 1 like Boeuf Flambe; of offering )l' //' , : t f f ~ 1 treasured vintages like Cleveland/ ~~ : .11 / l1f i 1 , 1988. You will be amazed by the I\) ,: 1 ;,ii swarms of VIPs courting your f avor, I ' J j, palming hefty bills , only for a · glance of recognition, the magical availability of a table. You are Mr. Make-It- Happen, Mr. Wonderful . Our parolees are now happy , success Bonus ful , and predictably devious , at such famous culinary rendezvous ' as the As an enrollment gift, we will Peoria Hilton, Glitzo's , The Eloy show you how to exploit unex Palace, and Andre's, Beverly Hills. pected opportunities. For in Former student Harry Handout, now a stance , your prosecutor appears captain at Reuben Ripoff's Pink Room, for his dinner reservation. You says , 11 I recommend this school. I will learn how to go about your make good bucks, and Marceau made me business, calm, unruffled, and a high class guy. You know what I keep him waiting -- virtually mean? Some guy from Altoona left me forever. When he is finally a lousy tip the other night, so I seated, you place him at a re smacked him . Nothing to it . 11 mote table back near the kit chen door -- Siberia -- along Good salary, bonuses , occasional with the white-shoed tourists lost purses - We use only the finest from Muncie and Walla Walla . stolen tuxedos - All you can eat - Just think. How sweet it is. Tuition financing available - She Priceless . hable expanol, whatever . ENROLL NOW! 1-800-555-1212 PIERRE MARCEAU'S SCHOOL FOR MAITRE D's New York Beverly Hills Scottsdale Dolan Spring s Fon du Lac July/August 1989 ADMINISTRATION 'tt~_flPS8 VOL. 16 ISSUE 1 Honorable Rose Mofford Governor Line-Up Samuel A. Lewis Editorial ...... 1 Di rector of Corre ctions J.C. Keeney Letters to the Editor ...... 2 Assistant Direct or Bob Goldsmith PRIME TIME / A Harvest of Empty Men Warden - Central Region Sydney Crow ••••••••• •• •• • •••••••• • •••••••••• 3 Douglas Hackett LA ROCA Advisor •wRITES OF SPRING" WINNERS ...... 6

LA ROCA STAFF THE ADVOCATE /Dave Mann •••••••••••••••••••••• 8 William Hester Editor FICTION / Shelter Skelter Raymond A. Gutt Chris Zetterlof •••••••••••••••••••••••••••••• 22 Assoc Editor/ La Roca Press Elwood R. Stutler LA ROCA INTERVIEW / Chuck Poole ...... 24 Pressman FOCUS / North Unit Men 's Club ••••••••••••••••••• Bruce Henneberg 26 p. c.. Graphics & Design g. GOUGE, POETRY ...... 28 Smiley Montgomery pLEE, GOLff, sat La~ Bindery & Fulfillment r,.ttorneY ~~enue VOICE IN THE CROWD /Ken Starks ••••••••••••••• 33 \'\anna " Pat Kube so~7 ~ 0 - ,._ ss199 Production/Photography 1 / WOMEN'S PRISON 1ucson, 778-~~~~ ...... 37 (60'-) CONTRIBUTING EDITORS YARD ALERT ...... 39 Dave Mann Legal Issues FAITH ...... 40 r,.bner \.OP• #11A1~6 esterda'/• r,.ltnougl"I 1,e Nilsen Aringhard r,.rizona state prlson East Unit HEALTH & FITNESS florence, r,.l 85232 ...... 41 oe•' '"""'' . de Stitt iO en••""''00 Y ,nat •Y •'•""""''0 Kaye Ferguson 1 coot•''ed ,,,n J•,.;. it d°"' 01' ••"':"'1 1 ,nat 1 ••• sott,· Women's Prison INSIDER'S OUTLOOK /Ken Lamberton co•''"°"' and •''"0 ' ~,e soccesst 1• •• •"""''' ne ,e· ...... 42 ~~•, ,edoctioO ;o •~"':;~<;,:,, ,neo 1 co•P ~';•d •.;. •;f ,ne to»o•• •' Good stuff from Chris ci•"'" pe.s••"":,~s on n>s •••'• aod ,•-'" e . counts- sou n••• Zetterlof, Michael Rymes, SPORTS & RECREATION ...... 43 te«ed to so"" o ,used to •••• d•'" . d \ \A _,it•·••• sou n••• coosist~otlY ;:bl••· sou n•••0 ,ec•'~:.,,oo is ;. sou Wayne Alexander, Albert igoo

THIS MAN DOES NOT READ LA ROCA ... Editorial - William Hester - or much of anything else, for that matter. Only recently able to ~11r;, / •,-.. _, ...,.,. RIGHT-MINDED REFORM OR COSTLY COSMETIC? comprehend a STOP sign, he is convinced that George Bush is a - (fr, , / Okay, we all know about prison overcrowd and a new credit card clearing house do not a small tree and that mandatory ing. Yawn. The subject has been kicked around stable budget base make. The state is not ~, _,/ and trampled with the same fever and froth that wealthy enough to keep on building prisons. But sentencing is for men only. k1, accompanies the rhetorical tidal wave of the one must keep in mind that in all states op "drug war." Nevertheless, perhaps now is the ting for early release since 1983, despite the time to examine some new possibilities; what fact that crime rates never increased beyond This is not a hip, informed ~ /1 they might mean to mainstream Arizona inmates. usual levels ( and dropped in two states), no In larger and louder numbers, free-world reform governor has ever won reelection. individual. Inordinately ~ '-'-) \~--:~ citizens are voicing real suspicion with the And now the Commission. If it gets off the uncool, continually baffled, political grandstanding of certain legislators, ground at all, it will come at a time in Ameri C ------✓ agency bureaucrats, and judicial zealots -- the can history in which record numbers of leaders folks who have demonstrated a splendid gift for in politics, government, business, sports, have he is destined to be lost in I.:: I spending money, and who have left the place in blatantly disregarded their duties as public limbo, last in line. ~ ' a mess. While the insidious shadows of a examples. The devious; the cheap and the shod ,, \' police state stretch over proposed prison dy, have replaced pride, honesty, and "what is Don't be a dullard, a speck in sites, the "tough on crime" extravagantly right." The motives of our "public servants" ...... __... aggravate Arizona's correctional (and cultural) have become justifiably suspect. Accordingly, the boorish mob. Rise above the -✓ wilderness by pontificating on "public when the Commission speaks, will anyone listen ------protection." -- except us? Will responsible people acknow Cretins, and soar with LA ROCA. It's Wait a minute! In my dormitory there is ledge the fact that the failing criminal ~ a man -- homeowner, family man, bright, alco justice/prison industry is a bit different. It all here: news, fine fiction, commentary, holic -- who is serving seven years for a $260 does not collect taxes, it spends them. Will and the exclusive Lop Chronicles. A recent survey* showed that LA ROCA bad check. No drugs, no violence, no guns. Is they look at the facts, and stop manufacturing this protection? Or is it aimless, arbitrary, fear? was judged among the five best magazines in the world. expensive overkill? What, then, can we expect from this body There is some hope: correction -- an illu of citizens? A look at history suggests sev Be good to yourself. Send us some bucks and we'll send you what's sion of hope. The "system" will, it seems, eral choices: It can become little more than soon be under the scrutiny of a state commis a lightning rod for the resentments and politi happening. You wjll trigger glances of admiration, and we can pay our sion charged with reviewing the criminal code, cal demagoguery of hard-liners -- including i.e., mandatory sentencing. even some of their own members. It can be so bills . Nationally, a 1988 increase of 43,000 pris decimated by attacks from a concerted opposi oners reflected the need for 800 new prison tion -- sheriffs, prosecutors, etc. -- that it beds each week. The number of prisoners at the will either scuttle or hoist a white flag. It .------TO SUBSCRIBE: Fi 11 out coupon below and send payment to:------. end of the year set a new record for the 14th can, by focusing all its attention on offend consecutive year. Some states took an immedi ers, on what the state can do to punish them, ate and responsible look at the problem. keep its eyes averted from the victims and Florida is releasing 3,500 inmates per month their needs, pretending that more and more )&. LA ROCA early. Georgia has for years thinned out pris prisons somehow reduces victimization and, NAME ons with carefully selected releases. Texas magically, makes everyone well again. (The ~?;;,. 1 P.O. Box 629 has a monthly parole quota. Oregonians again idea of making restitution on prison wages - H Florence., AZ 85232 routinely defeated another prison construction if you're lucky -- of 20C an hour is not great bill that had been slipped on the ballot. ly unlike the state's budget problems to begin ADDRESS Minnesota discourages prison sentences for with.) non-violent offenders who will work for resti Whether it ravages its own recommendations tution. Seven states reduced their prison with so many compromises as to render the work Free Folks ...... $12 per year population. another expensive cosmetic; or constructs an CITY For the years 1980-1988 Arizona has the agenda of changes based on reason, reality Inmates-Arizona ...... $9 per year fifth highest prison population increase in the and reduction -- that will serve (not comfort) Inmates-Elsewhere ... $10 per year nation: 170 %. Yet, many qualified, non everyone, is anyone's guess. Should it follow dangerous inmates cannot get out even 90-days the latter course, it will, it must, eliminate (Please add $5 if outside the STATE ZIP CODE early. In reviewing Arizona's plague of fiscal the waste triggered by political foolishness. continental United States.) woes, releasing such an inmate, say 15-months One thing is certain: the people of Arizona early, might just save a life at a public hos cannot afford any more cosmetics. They do not pital; or educate five more children, or give wear well, and their cost pays only for the a homeless family some hope. The point is ob- hoodwinking of a traditional masquerade. To ~------~ vio·us. Tour ism, mining, Grand Pr ix circuses, the Commission, we say .

* Survey Location: LA ROCA office Get after it, brother. PAGE 2 LA ROCA LA ROCA PAGE 55

AWARD OF MERIT/ NON-FICTION [ Letters to the Editor ] I Brook After Rain

ain always takes me to when I was a The following sunny day we head to Editor: child, free and full of energy. ward the town's main brook. We rest 1\While playing hide-and seek our _skin under a bunch of huge mesquite trees and This is in response to the Commentary suddenly shivers from a cool, pleasant on the fattest we write our names. From - Voice in the Crowd in the May/ June breeze washing our face, carrying a a cliff we stare and marvel at the clear La Roca, "Another Viewpoint," by John Editor: fresh, earthy smell of maguey and cactus waters running over pebbles. Since I am George Brewer, CB-6 on Death Row plants and of the newly damp, fertile the youngest, one of my brothers usually What John G. Brewer has written is First of all, I would like to inform soil. carries me on his back, but this time the some of t h e most irresponsible and dis you that I think very highly of Dave Our mothers bake sweet wheat bread brook cannot be resisted and everyone r espectful trash I've ever read in any Mann's section in the "La Roca" publica in the adobe oven and pull it out in a races down, leaving me behind. publ ication. And it's n ot "Another View tion, and I think just as much of the hurry because the rain approaches . The As I approach the brook and walk over poin t . " This is the same viewpoint the work he is doing for the "residents" here r ich aroma of wheat burning along with mudcracks and boulders near the water, St ate of Arizona has always had . in the facilities of Florence, throughout the sight of smoke going up in the s ky I see and hear the friendly people laugh He says , "he finds La Roca's criti Arizona, and as far as I know, throughout makes us jump f or joy . My fat her milks freely and -sincerely. Others are busy cism of current policies and the admini s the country. I am also motivated and in an old, lazy cow and doesn't rest until eati ng juicy watermelons, half-burned tration to be one- s i ded . " La Roca is t he spired b y Mann's achievements. he thinks the poor cow is dry. We don ' t corn on leafy cobs, and Indian fry bread inmate f orum for the inmates t o be able Secondly, I would deeply appreciate want to stop play ing, but the raindrops stuffed with kid meat and red chili. t o somewhat speak his/her thoughts in a copy of the bookl et "Conflict Resolu get bigger a nd faster, and as usual, end While I watch the people play and swim response to t h e t h ings going on in the tion" as well as any other material you up winning, chasing us into our homes. in the waters I get splashed and someone prison system, or world at large. I have have available . I am located at the Violent r aindrops falling on the r oof is grabs me and throws my fat little body read many issues of La Roca where prison Special Management Unit (CB-8) . the only sound heard inside while we eat in the cool waters the rain deposited the staff and others have had this same Finally, if there is ever anything warm bread and drink fresh milk. Suddenly day before. opportunity and still do to speak their I could do for you or your cause, please the door s lams open. Rain comes in. We Those days will never come back, but thoughts on different issues, or any thing don't hesitate to let me know. are scared. We look up and see my bro I' 11 always go to them because they are else, as the inmates do . Thank you very much. ther tumbling in, soaking wet. the only pure, innocent and wonderful Now, I never lived in a "College moments remaining in my stained life. Dorm," but his view on traumatic life on - Keith A. Bolden SMU death row will change as time goes by, - Lorenzo Sosa I'm sure. North Unit 'John Brewer says we should not be allowed jobs or any outside income. Among WAKING the "poor" inmates, this does not deserve an answer. Tha t l a st t h ump was nig ht , split thr o ugh the belly John Brewer has only been here about a n d s tumble-footed; it spills soppy orange, a bro a d e ning slit of red , a nd a t aste a year, so he doesn't understand all the of d i rt and c abbage. years a lot of the old convicts put in Dear Editor: Mo rn i ng i s come, pea rl-handled , f licking and the hours of working things between five hu ndre d p o i n ts of i mpact , e ach a p r o ng inmates and the prison staff and others squar e in the o pt i c ner ve. The material by Dave Mann that you Thi s no w is the p lace , the hour just to get the things each one of us of our reconstruction: the atoms are waiting, coolly sent over has been extremely valuable. t wirlin g their electro ns, bu t e ve r yth i ng ' s today in 1989 can have to make our lives My thanks to all you guys who live up to jigsawed , foggy-cornered. Fi rst t he e yes in here a little easier, and, really, the tune in, sift ver tica l from horizontal , the promise. Good, quality work -- and t he need from the implement. prison staff's also. Thanks to them we I did not have to wait until the next Ab r upt bones clack , knives s harpen i ng knives, can have TV in our cells. while sinew finds synch with tendon. eclipse. There ' s a h um come t o you r hea d ; it ' s c alled l iving. As for the "four rules" John Brewer gives that "will do more to make you feel Hats off to all on the staff. Yes , it ' s all here: a pair of hands , sogg y f eet crying for their shoes ; a room better." If life was that easy in prison looking ready to vomit , holding a bed still abuzz or in the outside world even, we would Steve Williams with its dark residuals. Central Unit And , if you ' re lucky, a woman have to wake up from the dream only to is there, her eyes a window on some imposs ible, stea my wood land, where panthe rs see that it was just that, "A Dream." a n d peacocks p i rou ette, where soft eternity i s s ewn to the back of you r neck Steven James like a quick cat breath . Death Row/CB-6 - Robert B. Smith Sou th Unit PAGE 54 LA ROCA LA ROCA PAGE 3

- ,. ·,_. ··.. · .. .. -:· ,.•·: _,;: ·_ \ ' -- '-"" > .· ' '' - . ·. . .- ·~--~> ,_ ~ '~-·,,,~- -~- \__ ,_\~ ._ .:·· _''.\,.\:··... ,_ -_:--. __ : . . -,= ,> :· ,~\J.-~\.\ ~-t\~)}'~"\~-:':'., . ,~-~\"', ;,.~' '~ ,\/~~ ,\\~\''~"?·"\~\~).'~\~\\,~~\~:':~~\~~~\\'\~t,~·,\~N!,~:)~,~~ -~i\: Sidney Crow - - - - • .- _- . ••. \. •. • • • -\. ' :' ' . · •_- ._. .•. -.A_ . , •. ,. . ~:·: ... • •••. ' . :-_ · - • ·. ~· ~ [ Prime Time ]A HARVEST OF EMPTY MEN South Unit Guilty. That word fits most inmates. We were convicted of anti-social behavior that runs contrary to the law. We are paying the consequences; being punished, doing time. For ::: <:::::, C::, :n I" many of us, the time is far too long. Still, we are reminded that we must emerge as r- - □ s:i__ ;, co r- socially responsible breadwinners, and obey the law. s:i... f"T1 () ;:l :n p This precept is not only correct, but quietly accepted by pragmatic offenders as p -I M ;::, ,,, a prime cut of reality. But something is missing. [JJ s:i... C -I Where is the respect traditionally granted to highly visible standard bearers: ~ Gf ~ :n M- OJ 0 0 c Q_ [JJ ::i:,,.c ~. government figures, top-level bureaucrats, sports figures, business conquerors? What C I l'--.0 ~ l> () has happened to the value of a man's (or woman's) word when he/she supposedly repre rt ::;: p ~ :,;; sents thousands, even millions, of constituents, students, fans? What has caused the open disgrace of so many bumbling, selfish "public servants?" To whom do we point with pride as role models for our children -- without retreating into the dusty history of another century? From our place in time, doing this time is bad enough. Beyond that, however, looms a growing hollowness and skepticism that has further isolated the people from their best interest s. From a national perspective, corruption is found in daily prime time news. But unmasked corruption is tangible. Much more lethal to the democratic spirit (drilled into us at home and in school) is the invisible erosion of pride and integrity created by forked tongues, phony speeches, and awesome hypocrisy. The double-standard flour ::: ishes, wh ile the lofty standards of justice and public service are targeted by private ...... ~ snickers and scorn. ~ <:::::, Since 1983, a dozen judges have been indicted or removed from the bench in the ...... ~ Chicago area alone. In Florida, eight more prosecutors have been censured or fired for ::;: 0 l>- concealing crucial evidence. In the past two years, 14 legislators at state and 0 ~ Q_ :n ~ national levels have been exposed as much less than "dedicated public servants." More --□ H rtl N ~ than thirty former macho-imaged, sideburned, midnight-calling, door-crashing d r ug, n o ::: "l\ z c ustoms, a 1d border agents are either in jail or on the run. The deficit, less than rt) l> 7 the unspeakable (hush!) trillion dollars when Reagan took office -- then tripled under his astute management. HUD, the S & L's, other fiefdoms, became dole headquarters for speculators, greedy creeps, and good ol' boys. No wonder the "drug war" portends little more than another scandalously extravagant bungle . Even now, it is an accepted fact in learned circ les that family-informal ··• \. \ <,. ,).. \. ,,:-~" ' unofficial deterrents do a lot more than "the law" to discourage illegal drug abuse. .. ~, \\_.· ·'.'·r~: ,· .. ~' ·. Further, the new skeptic assumes, perhaps rightly, that the new, tax-funded drug offen sive means that huge amounts of public money will be squandered, stolen, or stupidly employed. I C : But real facts do not play well in Peoria. The politicians like catchy slogans, 3 :n ~ 3 C 'tl ::a ..... "T1 ::i:: and they know the power of mobilized public opinion. So whether they are trying to 0 :J 0 f.-; 1-'J t::;' lO C (") push us into a land war in South America, or merely get more media exposure, is a hard m IT lll f:; t-; one to call. In any case, t h ey will not tell us that to truly wage "war" against drugs ~ .... . :i:. ::a f-,. rt 7 ::a t, :::, Q_ 1-'J would require a virtual suspension of the Constitution -- something like Lincoln's (/l ::,: (f"J 'tl I--- QJ t-< sanctions during the shameful, wrongly-depicted Civil War. Nor will they tell us that 0 t-; t, :i:. (") (") ------the idea of attacking the casual user is a joke. In a country that cannot find room ~ :::r tl) m ~ in its prisons, jails, and treatment centers for child abusers, killers, and compulsive I--- ~ I--- ~ psychotics, the plan of adding a few million more Americans is an insult to our 0 C) intelligence. Meanwhile, as Senator Rambo's expeditionary forces are assembling at Point A, and the anti-drug bureaucracy bloats up like the prisons ( talk - talk - spend - spend - get re elected ), an over-controlled society continues to lose. Liars, swindlers, cheaters in ,.,, ....: . ~~:..'_.·- <:·:_ -- .. , .-~.-~ ·-,.:..: ....' ...... -·\~- - -~ ·· ,-~·· , .•·· \;~. \ ·...... , , '-" ,,_-,.·~ \ Wa shington; on Wall Street, i n Phoenix, get off with gentle rebukes and fines akin to . J,- - ~ ~,.- \· \•· \ ',\A,-~\,-\: :.·, ''""~~~"1i\:- ~\.'\\ ~'~~'i:\\.~\,\~· -'~~~,,,.,\\~~--~,¼~,,,~-...-' ,;:,-,, , .~\ ,.-•~·,~ ·-\:,': pocke t money. The imbalance o f prosecutor ial/poli tical power vs. judicial assessment . ·': ..·. . '·,:x '' ;\., \ -\,'k" \ ' ' ''\ . ' . ; ' . ' '\:'X ..,,' :.:-..,· '- . .. . •, ·-· ~ ., . ~."\ > '\, ~. • • • : •. '\' ' ._-~. :,· ', ..... ,:\\ ... :~<, ~\' ,_ \:.. , \·., '" "-~~-- ~\ gets worse. Much worse. PAGE 53 PAGE 4 LA ROCA LA ROCA

Politics have poisoned us: our minds, and our point-of-view. The double-standard has enlarged to become elemental in the state and national credo. The thinking citizen is so disillusioned with government that no politician dares endorse -- much less Puzzle Page create -- anything new. The political cadres are weak, sick. Integrity has given way ITALIAN LESSON to doublespeak. Everyone loses, except the lawyers. Several voices from both sides of the walls illustrate the disintegrating beliefs 4 Letters Cremona ( city famous San Marco (St. Mark's of our national character, and indeed, that whatever-it-is, "Spirit of Arizona." A for violins) -Venice) Alpi ( Alps) fellow in Eyeman dorm said, "That county supervisor in Flagstaff?; the one that stole Firenze (Florence) Sardegna (Sardinia) Arco (arch) three-hundred thousand? The newspaper says that a group of supporters wants to give Fontana (fountain) Scultura (sculpture) Arno (River) La Scala ( opera house in Spiaggia (beach) him a break because of his "public service." Well, I've got a better idea: I stole Como (famous lake) eight hundred bucks and was paying it back -- so give me a break instead." Milan) Stazione ( station) Este (famous town) Oliveto ( olive grove) WW Will Vier ling, the impassioned lecturer at Northeastern University's Crime Study Faro (lighthouse) San Remo ( Riviera 9 Letters Program, puts it this way. "There's not a criminologist or sociologist in the country Fiat (make of car) town) Accademia (academy) Lago (lake) that can say as a result of all this incarceration we have lowered the so-called crime Toscana (Tuscany) Appennini ( Apennine rate. The politicians have used the citizens fear of violent crime to blackmail us. Lira (Italy's monetary Venezia (Venice) mountains) unit) It's expensive blackmail. In many cases, the cost to imprison a non-violent inmate for Vesuvio (Vesuvius) So:n Pie4ire (St. Peter's one year could send a son or daughter to Harvard or Stanford -- or, if we must, pay a Mare (sea) -Rome) Pisa (famous city) cop's salary. Nationwide, one in fifty-five adults are under some sort of correctional 8 Letters Riva (waterfront) 10 Letters supervision. I am afraid that a model of tyranny is getting out of control. And it Castello ( castle) Roma (Rome) Funicolare (funicular is very sad that much of it is based on lies." Rupe ( rock, cliff) Colosseo (Colos.seum- RR) Rome) It seems that back here in prison, the same idea holds up. There is another sort Sole (sun) Pinecoteca (art gallery) of "conviction" that runs deep: that legislators, attorneys general, county attorneys, Dolomiti (Dolomite Alps) 5 Letters 13 Letters are little but psychic vampires, flapping their capes on the sinister stages of fear. Edificio (building) They want blood and money to expand the power of their own kind. In many cases, their Borgo (hamlet) Facciata (facade) Torre pendente (Leaning Tower - hands are not clean. Bosco ( w oods) Galleria (gallery) Pisa) The man walking the yard was given to metaphor. He spoke of his spirit "running Campo (field) Isoletta (little island) on empty." Citta ( city) Montagne (mountains) Another inmate, a bit older, said, "This vindictive vacuum is harmful enough, but Costa ( coast, shore) there's more to it now. I respect no one any more -- not the government, not the Duomo ( cathedral) s ~ r i E. --t ~ ol leaders, not my counselor. I believe only in my family, a few friends, and myself. All Fiume (river) "' this has changed me forever. It's oot the prison itself, but what I have learned while Palma (palm tree) ...... Selve (forests) in the damned place -- for way too long. I read the paper, and I almost get sick. I - ...... - Treno (train) am a better man in some ways, and I will obey the law. But don't ever talk to me about - Trevi (fr,,mous fountain) social responsibility." Viale (avenue) - ...... Release. Parole. Work furlough. The bumper crop of the 90's. 6 Letters - - ~ - ', Canale ( canal) - - - A harvest of empty men. Ii church) - Chiesa ( - - Cupola (dome) Genova (Genoa) - Italia (Italy) ...... - ...... Milano (Milan) ...... Napoli (Naples) - - - - Padova ( Padua) - - BRIEFLY ... Piazza ( city square) Pineta (pine grove) ...... Podere (farm) ...... - Grand Prison State?: The state of Pompei (Pompeii) Virginia has a population of 5,358,000,

(GALLERY Fires in Dark Places... HAPPENINGS PICACHO

Since January, the P icacho Unit has AIDS REPORT/Houston: Recent blood tests developed an Education Outreach agenda of prison inmates across the nation indi which includes Substance and Alcohol cate that about one in 24 is infected Abuse programs. Substance abuse activi- with HIV, the deficiency virus that ties are structured around lectures, causes AIDS. This is fewer than expected. roundtable discussions, video presenta The study is the first in an attempt to tions, and guest speakers. New members estimate the incidence of the disease all volunteers -- are given support among prisoners. It was administered by by those in advanced phases of the pro the Johns Hopkins University School of gram. To date, workshops have been given Hygiene and Public Health . The sample by agencies including TASC, Phoenix; involved about 11,200 inmates from ten Amity House, Tucson; Camelback Hospital, prisons. Phoenix, and the Arizona Department of Health Services. Participatiun has been spirited and intense, with more than 50 CRACK! goes the ice in the midday sun inmates in attendance. The unit was also CRACK! goes the plastic fork, ,,hen NORTH UNIT successful in obtaining a summer school class via Central Arizona College. HES your mea-1 is done. The Independence Day Celebration 111, Introduction to Drug Abuse, is a CRACK! comes the lightnine in the .~J Banquet in N.U.O.T. on July 8th, may have college credit course, and pulled an been lacking in the traditional booming initial registration of 35 students. Arizona. heat f (jt of black powder, and the pageantry of Convinced that Picacho inmates also \ CRACK is the cocaine sold in the . mul ti-colored sparkles, but it would be wanted an Alcohol Abuse program, Adminis 1,\ ' an understatement to suggest that the trator Larry Barrows triggered the pro street. .,\\ ~ .L:) event was without its own brand of enjoy gram development. A student aide was Smoky white ecstatic, inhale the I / , \\ ('v ment. assigned. After conferring with an One of the highlights of the evening enthusiastic AA Chapter in Casa Grande, , I i) devil's dream was the tand . With limited time to pre the program was put together. AA meet Convert the truth to ugly, emotions .// pare, and a missing member or two, they ings are held at Picacho two evenings delivered a most entertaining array of per-week, and the 12-Step Program has turn to cteam. \\~ \:)/ sound. Their repertoire included music been adopted. Grabbed and m2.ngled by the drug, from the 60 ' s, 70's, and 80's. The first These programs are pro-choice. Par- 1/ person on the floor to dance was the ticipants are to be congratulated. r;lowing fires in the dark '. I creator and backbone of the whole affair, Plain old paranoia, but yo1~ CPO Linda Frye . Without her, this event ,/ • CR.ACKt couldn ' t and wouldn't have come off . thought she 1·:as a narc ,, sparks the fuel for fires Couple by couple; the floor filled with NORTH UNIT .3ho t her 2.t the party, people having a good-ole time. in dark places . Another highlight was the food. Boy Inmates and staff gathered at the terror filled their •,\ ;v howdy, was there some great chow out North Unit visitation building on August faces • • • \\ there! Steaks to order, from gr ill to 2nd to honor those inmates awarded cer 'tl, plate. Corn-on-the-cob, ranch beans, tificates in Assertiveness Training, Nar watermelon, cherry and apple pie, celery cotics Anonymous, and Living Free. Sober and carrot sticks, tomato wedges, olives, Time medallions were awarded to Alcohol 1"'('~(. pepers, and all the soda one could get ics Anonymous members. Following brief down. For the five dollar donation in speeches by administrative staff, which 'I , ( ,j, / volved, it was worth it and then praised the value of prison programs, CPS I, some. Merle Albright awarded Special Recogni And all who assisted deserve a vote tion to inmate David Ochiai for his of thanks for a top-flight leisure event. assistance and accomplishments in program Wayne B. Alexander activities. The ladies at the Women's - SMU - Illustration by: Prison provided a cake for refreshments Jerry Morrison - Cimarron - that followed. PAGE 6 LA ROCA LA ROCA PAGE 51

~ -convicts aregolng Most adults ... bat smne stale Here's a COll'dcted of crimes prison papalatloa Most prisoners willing to work .. not locked up • . . have soared Parole 9.6% Jall 8.7% Top blC'l'N888 1980-1988 Editor: unsurmountable problems in this state. IAlaska !226.1% Your editorial today re: "Making The expensive new classification sys Callf. Prisons Work" is an interesting aspect tem recently instituted by Sam Lewis and N.H. coming from your usual conservative his Administration, almost totally elimi N.J. view. It prompts me to respond immedi nates any prisoners from working or Ariz. ately. doing anything positive. People who had Nev. 165.4% La Roca announces. Prisoners should work and be given through good behavior and hard work the opportunity to help support them been able to work on prison ranches, Hawaii 142% selves and/or their families, support farms, and other such prison projects Source: Nalional Cont~ of Stale Legislatures, systems, etc., and help ease the burden of have all been locked down NOT through BureeuotJu Winners In The 1989 Literary Contest the taxpayers. Most prisoners would be their behavior but due to DOC's new By J.L A1>ert. USA TODAY elated at the chance to work and support piece of paper that dictates policy rather their loved ones and help support Inside crowded state prisons than common sense and experience. themselves. What most free world people DOC would have to throw out· their In most states, prison capacity is strained or exceeded. The WRITES OF SPRING for 1989 drew unprecedented do not understand is working (for the unsensible new classification system. Below are prison capacities as established by correction response with more than 400 entries submitted for all most part) is a privilege to incarcerated departments, actual number of mid-1988 inmates, the Second problem is attitude adjustment. categories. Graphics judging was accommodated by Central people ... not a punishment. percentage change from 1987 and number of prisoners Prisoners being taught trades, skills, Too many antiquated minds would have per 100,000 population of each state: to be convinced a working system is Arizona College. The judging for prose was completed work ethics and responsibilities, being Pctchng. Inmates per by The Round Table Committee of The Author's League, New reprogrammed and taught the values of possible. These are the same minds that Prison Inmates from 100,000 mandate mandatory sentencing, lock 'em York City. job integrity, dependability, reliability, State ea~ 6@1_88 6/30/87 popu1at1on meanwhile teaching some for the first up and throw away the key, divide them Ala. 11,162 12,190 -0.7 ( 2Q1 <'X time an alternative to crime is a wise and from their families and support systems, Alaska n/a 2,497 3.3 349 Division Winners will receive cash prizes of very progressive attitude for this state. keep 'em 25 years & don't give 'em no Arlz.. n/8 11,850 1~~ @~ ,;''\:; Giving a convict in this state a means of damned expensive programming! After Ark. n/a 5,505 25 years, kick 'em out and make them toe Celif. 46,279 72,121 ·u.4 c: t11 ,, First) $20 Second) $10 Third) $5 working his/her way out of prison while Colo. 4,985 5,105 27.4 154 at the same time boosting their self-es the mark or put 'em back! Conn. 7,731 7,924 7l8 F >1,fS Y"' teem is a whole new concept to the No, sorry Sirs, it seems Ariwna is not Del. 2,090 3,112 4.9 352 Cash prizes will be credited to winner's inmate account. Arizona method of corrections. And you ready to come out of the dark ages yet D.C. 7,417 8,685 13,3 990 are right . . . most REASONABLE where corrections is concerned! . Fla. 38,894 33,681 2.8 _272 +• , Ga. n/8 1a.eee 2;.7 & ·+ All winners, and those receiving Honorable Mentions PEOPLE WOULD ENDORSE SUCH SANDRA K. DOYLE Hawaii n/a 2,290 1.9 136 A PROGRAM. But we have a few and/or Awards of Merit will receive certificates. Phoenix Idaho 1,163 1,524 3,7,s ''"•> JS& Ill. 20,100 20,554 3.1 177 Ind. 10,412 11,155 Iowa 2,913 2,890 <• All entries listed will appear in this, and forthcoming Kan. n/8 6,018 ?~! .. ,, :, ! '"'''' ,, issues of LA ROCA. Ky. 6,602 6,855 n/a ..... 184 La. 12,330 1$.692 2;4 . 356 Maine 934 1,240 0.3 106 The LA ROCA staff sends a note of genuine appreciation Md. n/8 13,917 4:1 • · Mass. n/a 6,603 9.0 112 to all participants for making this event an outstanding Mk:h. 21,454 26,133 17.0 28.2 success. Minn. 2,964 2,707 9.8 63 Miss. 6,651 7,085 0.4 Lewis should recognize prison ministry an asset Mo. 11,922 7.0 *232 Mont 9t 1,239 5.6 155 . Write On! Editor: for other tasks. Neb. n/a 2,165 5.0 128 The director of the Department of The director's action also ignored Nev. 4,574 -,1.8 ' 437 Corrections, Sam Lewis, has ordered a other benefits to the prison such as N.H. ~: 978 14.7 90 N.J. 12,172 14,323 9.1 186 statewide reduction in prison ministry stability among inmates. In a May article N.M. 2,671 2,766 5.3 176 volunteers. At the First Baptist Church which appeared in The Republic, Ari N.Y. n/a 42,251 6.2 237 The La Roca Literary Prizes for 1989 of Florence, which has a long history of wna prisoners were reported to return to N.C. 18,668 17,295 2.0 251 N.D. n/8 458 3.9 60 prison ministry, the cuts will soon reduce prison at only half the national average. Ohio n/a 25,051 7.4 232 the volunteers to less than half the It would seem reasonable to assume that Okla. n/a 10,133 2.8 ' 3.13 Division 1: Fiction/Short Story previous number. Mr. Lewis stated that volunteer ministries have had some Ore. 4,077 5,756 10.5 210 security concerns and a lack of available impact. Director Lewis should take the Penn. n/a 17,242 8.5 144 R.I. 1,546 1,684 16.9 104 security officers prompted the order. volunteers off the liability list and s.c. 11,793 13,168 ,5.8 358 First Prize - CHRIS ZETTERLOF "Shelter Skelter" As a former correctional service officer reclassify the volunteers as a valuable S.D. 1,170 964 -17.8 136 Second Prize - WAYNE ALEXANDER "The Deal" with over two years at Florence, I know asset. Tenn. n/8 7,653 -0.6 156 that reducing the number of volunteers TERRY FLEMING Texas 41 ,319 39,652 2.7 235 Third Prize - MICHAEL ZAZUETTA "Draino Disappears" Utah n/8 1,932 3.3 113 will not improve security or free officers Coolidge Vt. 597 784 0.1 98 Va. 11,460 13,419 1.1 217 Honorable Mention: Michael Rymes and John Raulerson Wash. 5,914 5,956 -9.7 129 W.Va. 1,547 1,170 -24.9 62 Wis. 4,683 6,087 4.3 126 Wyo. nfa 945 2.7 200 n/a - Figures not available Source: National Conference of State Legislatures; Bureau of Justice Stabstics PAGE 50 LA ROCA LA ROCA PAGE 7

entered the unit almost everyone cheered all of these inmates, so honorable mention them on. These 'cavalrymen' were our own goes to ALL of the men of this fire brother inmates. They were here to put company. their experience and training to the Much appreciation is also extended test. They were here to put the enemy to Deputy Warden Grijalva and his staff. Division 2: Non-Fiction/Article to rest. And to rest they did put it. To DW Grijalva for being jolly-on-the In a matter of minutes (long minutes spot and maintaining order amongst the First Prize KENNETH D. STARKS, Jr. "Hi, Neighbor" chaos, and to his staff for keeping at that) these fire fighters had the Second Prize - M. ANDY RYMES "The Test" blaze under control, the dorm secured, things under control and for their con Third Prize - KEN LAMBERTON "Education and Our and all other preventive measures in cern for the inmates. Prisons• place. We, the inmates of Honor Dorm 1, Honor able mention also goes to: owe these inmates a big thanks for having Boomer, Igor, Kas, The Kid, Charlie, John Honorable Mention: Dennis Eddy, Kenneth D. Starks, Jr., saved our rooms and the few possessions 0., David, Puerto, Mike B., Keith, and and Robert Marchello we have left. We give our thanks to the the 01' Man for assisting those men in fire fighters of the Arizona State Prison need of help, and for pitching in with Awards of Merit: Joe C. Smith, Jr., Les Richardson, Fire Department, and remind them that we the clean-up. and Lorenzo Sosa support them and the job that they perform. I wasn't able to get the names of June 21, 1989, sure was One Helluva~ A Hot Day! ii. Division 3: Poetry

First Prize - JOE LARDNER •Love and the 25-cent The FBI Sunday said violent Stamp• crime hit an all-time high in Second Prize - RICK MILLER •city/Summer• [ News Briefs ] 1988, but some experts say the numbers may reflect a tougher Third Prize - WAYNE ALEXANDER •Final Act• attitude by citizens. The crime statistics: Honorable Mention: Cindy Lukens, Tom Sommerhalder, PRISON OVERCROWDING CRISIS ► Violent crime last year Michael A. Rymes, Kenneth Starks, climbed 5.5 percent with 1.56 million crimes reported, a 30 and, Lorenzo Sosa percent increase since 1979, Gulag Arizona says the FBI study based on re Awards of Merit: Maggi Jo Adams, Dennis Eddy, Jessie ports from 16,000 law enforce HE nation's overcrowded prisons, which No, the Legislature did nothing. Like a ment agencies acrOs.5 the USA. Gillies, William Wallace, Morgan house 628,000 inmates, need to add five jackrabbit caught in the headlights of an T ► The overall crime in Black, Colt Duke, Lorenzo Sosa, Cindy new beds every hour of every day just to stay on-coming car, it froze, unable to decide which crease - including property Lukens, Ronald P. Bishop, and Yvonne even with the population explosion. way to jump. crimes - rose 3 percent last Yrigoyen According to a report in The New York Devotees of the lock-'em-up-and-throw year, continuing an upswing Times, 46 states now have historically high away-the-key approach, doting on the manda that began in 1985. rates of imprisonment, and 37 states are under tory sentencing provisions of the 1978 criminal But John Eck of the Police (Note: More than 2 00 entries were received in the court orders to relieve overcrowding. The code, would vote gleefully for more prison Executive Research Forum poetry division) California system, which has grown from construction. It would please them to sec the says it's unclear if there's a sig .29,200 inmates to 81,200 since 1981, is 60 state turned into one vast penal colony, sort of nifi cant crime increase or percent over capacity. In Florida, prisons are an Ariwna version of the Gulag Archipelago. whether citizens are more apt full, but the state takes in 900 new inmates a But the state's corrections budget already to report incidents to police. Division 4: Cartoon week, simultaneously releasing 900 inmates tops $260 million. At the present lock-up rate, "A small change in reporting b.efore their sentences are up. its budget would exceed $1 billion by the year behavior of citizens can create First Prize - MIKE RING •sobriety Test" a dramatic shift," says Eck. · Because of mandatory sentencing laws, 2000. Defenders of mandatory sentencing allege Second Prize - CORDELL GROUNDS "The Bright Side of the fonger prison terms, the boom in drug-related that the 1978 code is not the culprit. Maricopa A survey in this week's The _offenses and popular anger at crime, the County Attorney Richard Romley, for one, National Law Journal finds Dungeon• nation's prison system is approaching gridlock. maintains that mandatory sentences account for that citizens are increasingly Third Prize - DENNIS EDDY "The Real Wheels" only a fourth of all inmates sentenced. fed up with crime: Almost two Ariwna has not been spared. The Republic's thirds would agree to new laws Martin Van Der Werf reported yesterday what He is being disingenuous. Many of those limiting violence on TV, and is by now widely known: our state's prison sentenced plead guilty to lesser charges rather nearly half favor cutting back Division 5: Graphic Arts/Drawing population has tripled in the past eight years. than face harsh mandatory sentences. Counting on rights of criminal suspects. Since 1980, the rate of incarceration in Ariwna plea bargains, which constitute a majority of Many inner cities are experi First Prize - ALBERT BLEA Native American Composite has risen from 140 per 100,000 residents to 320. convictions, mandatory sentencing is exactly encing clusters of violence (Compared to the national average of 228 per what puts people away, as Mr. Romley surely over drug turf, says James Second Prize - GENE COMPTON Unicorn !00,000.) The state's prison system, designed to knows. Lynch, a criminologist at Third Prize - ROBERT MARCHELLO Winged Composite hold 12,280, now houses 12,640, with 77 new Having dodged the prison issue in its regular American University. arrivals every month. term, the Legislature is now ruminating on a But the FBI report doesn't ·· Faced with this crisis, what did the recently special session. In the short term we need to suggest that the USA is "going adjourned Legislature do? Did it appropriate build more cells and increase such alternative to hell in a rowboat," he says. money to build more prisons? Did it authorize forms of incarceration as house arrest. But Crime increases may stem CONGRATULATIONS! the early release of some non-violent offenders? more money for more beds is not the ultimate largely from a "baby blip" - I>id it explore alternative forms of incarcera solution to the prison crunch. The state's children of baby boomers in tion? Did it do anything? sentencing code must be reviewed and revised. the crime-prone ages of 12-24. PAGE 8 LA ROCA LA ROCA PAGE 49

Dave Mann - Nilsen Aringhard - The Advocate Editor, Legal Issues East Unit - One Helluva Hot Day Introduction Update on the New Personal Property Policy It was a quiet , hot afternoon. Every cue of their fellow man much like the one was busy doing their own thing and heroes of old. Some months ago when he lived in East Unit, inmate Larry Krug and I finding a way to " legally " get out of the There was Bud "TV Repair" directing consulted on bringing an action challenging the legality of various blazing heat. Nothing seemed to be out his partner on how to assist him in con aspects of the new Personal Property Policy. You may recall that I of place. The East Unit resembled the fronting the menace. Above the screams wrote an article in the November/ December, 1988, issue of La Roca, movie set of a ghost town; hot, blazing of the alarm and through the thickness entitled , "The New Inmate Person Property Policy ... Is It a Breach of hot , quiet as a cemetery at midnight . of the h eavy black smoke, these two men Contract?" Middle Ground filed a suit over parts of the policy, but Even the pigeons were dodging the heat, along with six other heroes attempted to declined to challenge on the basis of breach by promissory estoppel . and all that moved were the heat waves subdue the ever-growing inferno. Al Larry filed his suit, alleging the following: (1) breach of steaming heavenward from the dry , dusty though they weren't able to put it out, contract by promissory estoppel; (2) prohibition of personal law books ground. The ' resort' was at rest. they did, however, manage to curtail its unreasonable; (3) unreasonable limits on type and quantity of legal Within the living areas, men were en- · advance. Nevertheless, the smoke, heat, materials and supplies ; (4) inadequate quantities of state issued joying the quiet cool. Some were watch and flames forced them to retreat and clothing; (5) a substandard size duffel bag contrived to unreasonably ing the New York Mets beat the Montreal wait for the cavalry , led by a shiny, red limit property; (6) canteen purchased items regarded as contraband ; Expos . Others were getting ready to go stallion . (7) sex discrimination (females permitted pajamas, bathrobes, out to the ' pile ' for their daily work In the meantime, the rest of the men slippers, etc; not permitted to males); (8) inadequate and outs . Still others were getting their in this dorm saw to it that everyone was unreasonable requirements regard ing storage of legal materials; (9) afternoon naps taken care of. The rest safely out of their rooms and assured prohibition of memory typewriters unreasonable; (10) excessive costs were contemplating finding something to them that we were all there to help each for copying in the law libraries (an issue unrelated to property). do to break the monotony of so much quiet other. The next few minutes became almost The State moved for summary judgment and a hearing was held on and of so much wasted time. like a silent movie with all of the an August 18, 1989 . Lynne Abney appeared for the State and argued that And then it happened ! Breeeee ...... tics of the Keystone Kops. Guys were the action should be dismissed. Breeee . .. .. Breeee. . . The fire alarm in running in and out of their rooms with The Hon . Stanley z . Goodfarb, Judge of the Maricopa County Superior Honor Dorm 1 was going crazy. Breeee ... . their most valued possessions at an in Court, after hearing arguments, stated, "The Department's policies are Breeee ..... Breeee ... It kept singing, credible rate of speed . Arms f !ailing, like a cookoo's nest!" He went on to remark that he could not almost so 1nding as if it was seeking legs moving so fast that their owners understand how the State could sell items in the inmate stores and relief from this taxing duty . But no one seemed as if they were walking on air , then call them contraband, nor could he understand how the Department paid any at tent ion. Had this alarm had and orders being yelled above all of the could tell inmates for years that they could spend their money on the breath of life in it , it would have din, expressing how best to save them property and then suddenly tell them they had to be rid of most of it. died from exhaustion. selves , their property , and help others . The real issue here is one for people doing sentences so long that There had never been any attention Some of the funnier scenes of this they are unlikely ever to get out: they are permanently deprived of paid to this alarm prior to this day. In flick were: a big ol' muscle-bound the use and enjoyment of property which they were told they could buy. fact, everyone had made jokes about it. weight lifter, a/k/a The Kid, trying to I regard this as unlawful conversion (sometimes called civil theft). "It reminds me of my ex- ol ' lady , just carry his body and possessions out of a This is the heart of promissory estoppel: an enforceable contract is keeps crying all the time ." "Some very small 3- foot window! Red and Tom formed when one person makes a promise to another, and the second one probably turns it on just to harass throwing things out of their windows as person reasonably relies upon that promise and spends money . In a very us." " If I had a gun I ' d shoot if they were competing in some unknown

clever move, Larry has included other property policy claims which do it • II " I'd like to rip that whole contest for some unknown prize! The not relate to breach of contract, but which raise very serious end of that wall down and ram it down Filipino running over everyone else with rationality and reasonability questions. someone ' s throat ." a pile of clothing that was higher than Judge Goodfarb refused to dismiss the suit, and has ordered an This time it proved to be the real he is tall! Even the Deputy Warden, Mr. early trial to resolve whether the Department's policies regarding the McCoy . No doubt about it, the threat was Grijalva, got involved in directing traf above are unreasonable and whether and what sort of remedy should be real and only some quick and decisive fic and ensuring that all the men in the granted. Judge Goodfarb also ordered that Larry could call any action could prevent it from becoming a dorm were okay and safely outside. By witnesses he chooses in support of his claims, and I understand that a murderous blaze. The conflict had this time the smokey inferno had made it number of Department property officers and ranking administrators will reached its climax. It became man against impossible for any further heroics within be required to appear and be heard. an evil force . Who would win? the dorm. Larry Krug is to be congratulated for his tenacity in undertaking Unlike the impression many persons It was now time for the cavalry to this suit and working so hard on it. We all will be very interested in have of incarcerated men as being dim enter. They were heard f ram afar even the final outcome. witted, slow, and self-centered, the men before they were visible. Rescue was on Larry asks me to wish him luck at the trial. I do so now! in this real-life drama came to the res- its way! As the shiny red stallion PAGE 48 LA ROCA LA ROCA PAGE 9

Children and old folks in prisons. A mediocre actor in the chief executive SECOND PLACE/ CARTOON off ice . Empty schoolroom desks, while tD jails and prisons are deplorably over ,. .. ,.,.,.,.,.,.,.,.,.,." ,.,. crowded . An impossible national deficit into place, pol i cies, pract i ces and that most Americans can't even pronounce SPECTAT. NOTICE customs wh i ch inhibit prisoners ' l awful .. ,. ,. ,. ,, " ,. ,, ,';-,';-.,';-,';-;';·-,';-,'. or imagine . Homeless families by the access to t he courts . There a r e some thousands . Laws , laws , and more laws. similariti es in the cases , however, a nd I Muscle-bound women. Hungry children. If your parole was granted report upon both of them in t his article . You're sick. You ' re disgusting. but you have not been released You ' re garbage . Where is the logic, the within three weeks; OR, if you Koch v. Lewis, et al. reason , that famou s American benevolence are within 60 days of your Koch ar i ses out of pol i c i es and of old? provisional release or practices at the Central De tention Un i t of Sorry , Bard , but apparentl y the qual mandatory date and still the Tucson Comp l ex . The defendants have ity of our mercy is very strain'd. have not heen rel eased, admitted that cond i tions t here ar e You ought to be ashamed of your SENATOR JOHN '-1AHWTNNF.Y equival e n t to " s uper-max, " and that the selves . Get out of my sight. Go hide in s hould hear from you ! facility is used for invest i gative l ockup. your miserable little holes and try to Write him at: Koch never was charged wit h any infraction . 1700 live with yourselves. West Washington The defendants i mpose various Phoen i x A7 8S007. STOP cond i tions upon the use of the l aw Pass the Wo rd! library ; they provide no alternat i ve This concludes our test . The results methods of access i ng the courts , as they indicate that my outspokenness and sin have admitted . As in the Gluth case, cerity were profitable to me . Other inmates working in the law l i brary and indications reflect a certain animosity those involved in assisting others with that seems to be bouncing back and forth ACCESS TO THE COURTS legal problems are not required to have between us . Could it be something I said? IN ART?'.ONA any training in law whatsoever, or even to Watch for future commentaries in Recen t Cases demonstrate any credible ab i lity at all . which I shall , with great welcome, exam ((TR.Y ,o LooK ON iH£ BRIG HTSIDL The defendants in Koch conduct stri p ine less offensive controversial issues. CHANCES OP DEVELOp!NG SKIN CANCER Durinz the past several months, there searches both going to the law library and For now , I must, with heaviness of ARE VERY SLIGHT. 'JJ have heen two important developments in returning, despite the fac t that at all heart , consider this test an utter fail-._ access to the courts litigation here. The times, a detention unit inmate in t he - South Unit - ure for the only reason that no one seems ~ Cordell Grounds First Twill dis c uss is the August~, library i s under the total and personal ?< to care anyway. ·~ 1989, jude,ment in Koch v. Lei.;is , et al . , supervision of one or more officers . Law District of Arizona No . CTV 88-267 library is allowed only late at night for THIRD PLACE / CARTOON Dennis Eddy - Sf.JU - TUC-RMB. The second is the ongoing saga of CDU inmates. Gluth et al . v. Arizona Department of Chief Pres i ding Federal Judge Richard i Corrections, et al., District of Arizona Bilby, on August 4, granted the relevant M,Ae, CIV 84-1626 PHX CAM (a class action filed parts of our motion for summary judgment . in 198/i) . For your information, the entire pertinent The current state of both cases is part of the order is reproduced here : discussed here . It is important that my readers understand that these cases are IN THE UNITED STATES DISTRICT COURT not final. The number of inquiries I have DISTRICT OF ARIZONA received about court access in Arizona is Mark A. Koch, ) large, so I thought it important to devote Plaintiff, ) some space to updating everyone . v. ) CIV 88- 267 TUC - R~B I am counsel for Mark A. Koc h. Samuel Lewis, et a l . ) 1 ,, Counsel for the Gluth case has been Defendants. ) ORDER ?. ,, supplied by Arizona State University ______) College of Law, and several inmates have The Plaintiff in this action has assisted A. S . U. over the years, including alleged numerous constitutional violations me . and stat e l aw torts . Defendants have moved ~ The two cases challenge qu i te for s ummary judgment . Pla i ntiff has moved different situat i ons , but both seek to for summary judgment. Plaintiff propounded c l early establish that the Arizona interrogatories to which the Court ordered ~: )2 /'. £ dey 1r n Department of Corrections may not put defendants to respond.

' ~ Yoit c;(oH'f have fo ,10 fc puXGE~ NN~ 1-o ✓ e-f- ,:I ,,,.. WOf'/£ /(~I PAGE 10 LA ROCA LA ROCA PAGE 47

Ahhh. You tell 'em, Andy. Ah, the sophisticated age. How lucky Okay. we are. Heck, if I were any luckier I Plaintiff alleges that during his one it may be restrictive, a library clerk is Wouldn't it be novel to have some don't know if I could stand it. It is month confinement in the Complex Detention available to assist inmates in obtaining honesty in Washington for once? Or some to wonder. It is to laugh. It is to Unit at ADOC/Wilmot, he was physically the necessary legal books and materials." talent in Hollywood. How about some cry. restrained during visits to the law [Not a response to the question asked] quality in Detroit, or is that asking too It's an age where we regard our dedi library by leg shackles and handcuffs When asked to describe alternative means much? What would it be like to have real cated educators with so little esteem, connected to a "belly-chain" hand/waist which might satisfy the security interest justice in our courts? Humaneness and and our law enforcement agencies with a restraint which, depending upon the form which justified full restraints under focus in our prisons? Discipline in our very great esteem. Then we sit in super of restraint employed, anchor both hands guard, defendants answered, "Photocopying homes? Superior scholastic standards in cilious wonderment at the phenomenal either at the navel or at the hips. legal materials for inmates." Defendants our schools? Morality in our communi crime rate. Sanctimonious hypocrites. Plaintiff alleges that despite the fact were asked to describe all legal materials ties? What would it be like? You make me want to puke. that he was under constant supervision by made available to plaintiff during his CDU More specifically, I've never felt Here's a contemporary gift idea: one or more prison guards, he was not stay. [Defendants averred that plaintiff that music should ever be something which institutionalize your loved ones. It's released from the restraints in the law was allowed access merely to a "reference would hurt one's ears. I don't think the fashionable way to break them of library. He alleges that: "he could not manual" with 11 cases, two statutes, one that singing and screaming ever used to their nasty little habits. There's help pull a book off the shelf, write, type, rule and two forms.] be synonymous. Pitch-perfect, precision available for the child who er ies too staple papers, research, work, or in any Plaintiff and defendants have each instruments that require real skill to much. For that little boy who won't eat way utilize the library." Plaintiff moved for summary judgment on this issue. master, have largely been replaced by okra, or the little girl who likes to states, "With his hands firmly attached to Defendants base their motion on two cheap, sound- i mitating synthesizers that take off her shoes. Yes, you can get his abdomen, plaintiff could not even sit theories: (1) despite the fact that the don't even r equire intelligence, much help right away by calling our friendly down and write because his hands ended up plaintiff was restrained, he was provided less skill, to p l ay. hospital with your credit card handy. If affixed to his lap below the table." It is with adequate access under the circum To be a songwriter for this sophisti your great-grandmother shows signs of a undisputed that plaintiff is right-handed, stances, and/or (2) plaintiff has not cated age you don't need to know anything second childhood, don't let her do that that portions of three digits on his right demonstrated that he has been harmed by about music . You only need to be a per- to herself! It's probably depression and hand have been amputated, and that he has inadequate access. Defendants refer the vert. we can help. full use of only the fourth and fifth Court to Tubwell v. Griffith, 742 F. 2d How about that automobile industry. No matter what the problem is, call digits. Plaintiff's visits [to the law 250 (5th Cir. 1984), in which the Fifth Does anyone ( including the car manufac us today and in just six short months you library] were scheduled from approximately Circuit Court of Appeals upheld the use of turers) have any idea at all o f what they won't even recognize that once unruly 10:30 P. M. to midnight. Plaintiff alleges restraints during a law library visit. [As are doing? Do all the cars really have relative. Guaranteed! that thirty minutes of each visit was plaintiff has pointed out, however,] to look like imports? In a few more Sickening. Hospitalization is actu devoted to two strip searches, dressing Tubwell ... is distinguishable from this years tires wi l l be listed on the "op ally considered vogue today. Prisons are and undressing, and putting the restraints case. In Tubwell the inmate was able to tion" side of the window sticker. Olds springing up all over almost as fast as on and taking them off. Plaintiff alleges use one hand, was allowed the use of both mobile is producing a p l astic-body mini weeds. "Care" centers, HA! Drug reha that during law library visits, defendants hands when he wanted to type, and was van. I'm not put ting my family in that. bilitation centers, HA! "Rest" homes, laughed and taunted him about his futile afforded an inmate clerk who retrieved Pontiac has built a car which has glass HA! Juvenile halls, HA! Multi-purpose efforts to use the facility. Plaintiff books and provided other services as well. doors. I'm not putting my family in hospitals, HA! "Treatment" centers, HA! alleges that the library clerk was allowed [Koch was, in contrast, totally denied that. Chrysler has a car that allegedly If Shakespeare were still alive he to fetch books but was permitted no other these opportunities, as admitted by the won't start for a drunk driver. Try to would surely write a new play, using us assistance. None of these allegations are defendants.] drive a drunk home in that little number. for examples, and call it The Symphony disputed by defendants. The following legal principles are Contemporary fashions are always an of Errors. -;':-;':-;': important here. "The constitutional right item. Today, manufacturers cut back on Let me share some insight with you Plaintiff's interrogatories asked of access to the courts requires prison the dye, give it a fancy name (like about institutional living since I live authorities to assist inmates in the defendants to describe the assistance stone-washed), and jack up the price. in a prison. The matresses are like worn plaintiff was given to take notes or turn preparation and filing of meaningful legal Presto: the companies save more money, out sacks of potatoes. The cells aren't pages. Defendants responded, "Plaintiff papers by providing prisoners with make more money, and the consumers think large enough to be a comfortable dog had limited but functional use of his adequate law libraries or adequate they're getting a bargain. house. Every meal around here is a new hands." Defendants were asked to list assistance from persons trained in the Let us not forget the all-important adventure in S & M. law." Bounds v. Smith, 97 S. Ct. 1491, every person trained in the law who was fast-foods empire. They are fast, that Now, show your friends and relatives available to assist plaintiff in the law 1498 (1977). "The existence of an adequate they are. But are they any good? Real how much you love them. Institutionalize law library does not provide for library ... [Defendants made no direct ly. Are the ingredients of quality? Do them! Join the "in" crowd. It's as easy response.] Defendants were asked: "Please meaningful access to the courts if the their products provide any real nutri as 911. inmates are not allowed a reasonable describe, exactly and in detail, how tional value? How is that food processed, Stupid, stupid people. You' re sick, inmates do legal research in full amount of time to use the library ... anyway? Where is the beef? Well, I'm do you hear me, sick I say! Maybe you However, the Constitution does not restraints." Defendants responded: "While sure you've heard plenty of stories about should just institutionalize yourself all that. So have I. My advice? Try before someone else turns you over. It's not to think about it. only a matter of time, you know. PAGE 46 LA ROCA LA ROCA PAGE 11

SECOND PLACE/ NON-FICTION

- M. Andy Rymes - [Forum) Central Unit guarantee a prisoner unlimited access to a which would suggest that plaintiff was SICK, SICK, SICK. law library. Prison officials of necess ity afforded meaningful access to the law mu s t regulate the time, manne r, and place library during his confinement at the THE TEST in which library facilitie s are used. Complex Detention Unit. Lin dquist v. Idaho State Bd. of Plaintiff and defendants agree that According to medical science , good I ' m disgruntled , I ' m outraged , I ' m acri- Corrections, 776 F . 2d 851 (1985). " A plaintiff was required to undergo strip signs of psychological health include monious! prison inmate ' s right of access to the and visual body cavity searches before and sincerity and outspokenness . Amo ng a Everything ' s a game these days, and courts is the most fundamental right he or after each law library visit. Plaintiff host of o ther things, of course . Very everybody loses . I abhor bureaucracy. she holds . 'All other rights of an inma t e alleges that these searches were well then. But I am somewhat of a skep Justice is a myth. Corrections is a are illusory without it , being entirely unreasonable because his restraints, tic by nature and I like to put theories farce . In other words , you can take this depen dent for their existence on the whim c lothing [a jump suit], and [intensive] through my own little tests from time to world a nd shove it ! or caprice of the prison warden ... s upervision precluded him from secreting time . I decided it might be interesting Ahhhhhh . Not bad so far , I ' d say . Prison official s bear an affirmative duty contraband ... to put the values of outspoke nness to the To continue . to provide inma tes with this reasonable Determining the propriety of a search test in the public and prison fo r ums . The The world has gone utterly berserk . access to the courts and counsel and also requires balancing the need for the search idea o riginally appealed to me consider It ' s useless to try and make any sense hear the burden of proving the adequacy of versu s the magnitude of the intrusion. ably , so I kicked it around in my mind of it . Trends · come and trends go . Fash the means they provide ." (emphasis added) Bell v. Wolfish, 99 S . Ct. 1891 (1979). for awhile, then hurried to my desk and ions are in , then out , then in again . DeMallory v . Cullen , 855 F. 2d 442, 446 "Because pri s on administrators are best made some notes. Just when I think I ' m about to catch up (7th Cir . 1988). " We recently emphasized s uited to determine the p ractices and My cbJective' ' wa s to compose an expose, with things , I accidentally blink my eyes that the necess ity of showin g prejudice i s procedures n ecessary to maintain security, based on the principles of sincerity and and suddenly realize that I ' m even far [a] minimal one ... We require only that their decisions will be upheld unless they outspokenness, organize the data, and ther behind than I thought I was in the the p l ainti ff art i culate, to some degree, have exaggerated their response to then a nalyze the results. first place. Oh , what ' s the use . the basis for his c l aim that his access to security and discipline cons iderations so Coincidentally, I happen to beamed We have sacrificed quality for con the courts was significant l y ... impaired . that their actions are unreasonable and ical scienti st myself , i n a matter of venience in this weird age of sophisLica Generally, we have required a showing arb itrary." Id. speaking . So if you suddenly start to tion . This age of sophistication . II/\ ! J t of prejurlice only where minor or indirect This record i s devoid of any evidence think I ' ve gone hopelessly crackers , I is to laugh . limitations on access to the courts are that contraband was be i ng passed by am qualified to diagnose any symptoms as Purple hair is in . Boy George is alleged ... Where ... the plaintiff library clerks to inmates during law middle-age str ess , internal anxiety , psy selling rags and calling them designer alleges a direct and continuous limitation library visits. In the absence of~ chiatric tilt , and a few o ther things clothes . Courtrooms are the newest , most on access to legal materials or counsel, showing that a real security risk was that I never could pronounce. So you popular form of entertainment. Educa t ion we have required no such s howing. " Id. at present even in the face of the heavy see , I haven ' t gone crackers at all . I've has absolutely nothing to do with sue- l1l18 . restrictions impose d u pon library use, the merely gone bananas. cess . McDonalds is considered a restau- """ Court concludes that , on the facts present Alr ight then , I think everything is rant . Women are masculine , men are femi The undisputed evidence i s that in this case, the s trip and body cavity in order. Remember, this is a test, so nine . Computers run our lives and our during his visits to the law library, searches at issue were unjustified and keep in mind that cheating is not only homes . Babies are fingerprinted . Dis [Koch] was encumbe red by leg shackles, unreasonable. acceptable , it ' s fashionable. neyland is Rock-n-Roll. hand cuffs, and a belly- chain Ivhich ..,';--,';--,'; I tell you , everything is bonkers severely restricted the movement of his IT IS THEREFORE ORDERED that these days . We ' re headed for trouble be hands. A library clerk with no legal Defendants' Motion for Summary Judgment on BEGIN cause our world has plain-and-simply got training was available to retrieve books. the i ssue of court access is DENIED. ten completely out of hand . Plaintiff claims that he was unable to IT IS FURTHER ORDERED THAT That does it , I ' ve had it ! I'm up Just when I think I've seen it all , write, take notes, or type . Defendants Plaintiff's Motion for Summary Judgment set . I ' m tired, I 'm aggravated, I 'm dis something new and different and sickening have disputed none of this, s tating only, on the issue of access to the courts is gusted , I'm frustrated, I'm fed up to comes along a nd bowls me over . It never " Plaintiff had limited but functional use GRANTED as to liability. here ! ( My hand is over my head). fails. of his hand s ." Although presented with an IT IS FURTHER ORDERED THAT I ' m sick and tired of EVERYTHING! Well I'm just sick of it . I ' ve had opportunity to do so, defenda nts have not Plaintiff ' s Motion for Preliminary Sick , Sick , Sick. I ' m angry, I ' m ap enough . No more! It's time for some explained how inmates laboring under these Injunction restraining defendants from palled , I ' m miserable. You 're pathetic , changes , and I mean positive , construc types of restraints are able to conduct taking future actions which deny plaintiff I ' m pathetic, everybody's pathetic. tive, beneficial changes . I WANT SOME meaningful law library research. reasonable access to the courts is School is a joke, work is a drag. Wash THING REAL ! To hell with imitations . I Defendants have admitted that no GRANTED. ington is a nest of parasites and Holly don't want artif icial anything. me aningful alternative is available. The [IT IS FURTHER ORDERED THAT ] wood a pit of absurdity . Everyone is Progress, they say. BULL, I say! I Court concludes that defendants have Defe ndant s shall provide to the Court, no backwards today , and everything is illog know progress when I see it and believe failed to adduce any credible evidence later than Septemb er 11, 1989, a brief ical , unreasonable, intolerable. Nothing me , this isn't it . I want something real is any good at all . Ev erything stinks . and I want it now. PAGE 12 LA ROCA LA ROCA PAGE 45 Pittsburgh Johnson) the Softball Standings talent and hard work, the judges gave the were: nod to the following winners: 1st) Wrecking Crew with 3 and l 2nd) Terminators with 4 and 2 FIRST PLACE - Razor Wire II (South Unit) outlining reasonable methods of ensuring 3rd) Underdogs with land 5 Warren - Lead guitar & vocals meaningful access to the law library or to (1) Inmates denied physical access to 4th) Hang'em High with 2 and 2 Bryant - Bass Molina - Drums trained legal assistants for inmates the law library are denied meaningful LADDER STANDINGS at Press Time: incarcerated at the Complex Detention access to the courts because such inmates HANDBALL TENNIS Unit. Plaintiff shall respond with are not provided help from persons trained SECOND PLACE - Black Rose (South Unit) 1st) Mariscal & Dockery 1st) Washington comments, if any, no later than September in the law. Gant & Mobley Lead vocals 2nd) Gomez & Luz 2nd) Marquez 28, 1989. (2) Inmates who are allowed physical Bryant Lead guitar 3rd) DeLuna & Sosa 3rd) Carbajal IT IS ORDERED THAT defendant's Motion access are denied adequate access: (a) Reeves Organ for Summary Judgment on the issue of there are unreasonable restrictions; (b) RACQUETBALL: Molina Drums unwarranted strip and body cavity searches insufficient time is allowed; (3) there is SINGLES DOUBLES Record Bass is DENIED. inadequate notice of library turnouts; (4) 1st) Peterson 1st) Eisenecher & Arnold Davis Back-up vocals IT IS FURTHER ORDERED THAT inmates are arbitrarily removed from the 2nd) Arnold 2nd) Smith & Smiley Matlock Percussion plaintiff's Motion for Summary Judgment law library. 3rd) Eisenecher 3rd) Skinner & McNeill on this issue is GRANTED as to liability. (3) The indigency policy is so THIRD PLACE - Convictions (North Unit) [A hearing on damages will be held at BATTLE OF THE BANDS restrictive that it forces inmates to Thompson Lead/rhythm guitar a later date.] choose between doing their legal work and Great sounds, good music, and a lot of Price Drums /ss/ Richard M. Bilby purchasing "essential hygienic supplies." foot-tapping flooded over East Unit on Landrum Saxophone U. S. District Judge As in Koch, the defendants were July 15th as East Unit hosted the annual Brown Bass unable to dispute the material facts. Florence Comp lex Battle of the Bands. In Newman Keyboards Once again, I emphasize that this The terms of a proposed injunction a tight competition demonstrating real decision is not final, and it could be designed to cure these problems have been • ;II' subject to modification at various points. in serious dispute since the judgment was ,' ~ :.. ~\·...... 1. .• 'i- '.! ' /,t: -~,rt .. J r. It should, however, provide serious entered a year ago. The parties made their ,., .;.. , . . ' . . \ guidance to any others who might have been filings on this subject, and on April 14, -.., . 'f" . < damaged by these customs and practices. 1989, Judge Muecke filed a major 40 page " .{, ...... - \ ~ ~ As an aside, the defendants have memorandum and order in the case. • ,f' . 1 ~ " .. filed a motion to reconsider in which they Muecke has reminded the parties that if~,~~ · allege that they now have changed t r ~ type he does not wish to exercise his powers to r . ( "--·\. 1·· of chains to be less restrictive, and that force an agreement, but at the same time, "-l V therefore this suit is moot. We have he expects that the agreement which < ,\. argued that the defendants have made no finally is reached will have certain '\. policy changes which prevent the minimal features. The proposed features defendants from going back to the old are fascinating, because they represent a chains; besides, the chains were only part major move in court access law. [For that of the reason the Court granted summary reason, I also believe that they will be judgment for Koch. The entire "access to appealed all the way to the u. s. Supreme the courts program" at CDU has been Court, where I fear for some of the more declared unconstitutional ... not just the imaginative features.] RAZOR WIRE II / South Unit BLACK ROSE/ South Unit chains. Muecke has indicated that he would consider the following acceptable, and the 1 parties have been ordered to suggest ~~ Gluth v. Arizona Dept. of Corrections modifications: This is a class action, and the Inmates who do not have direct access ~.. Department of Corrections was substituted to the law library will be provided access as the defendant [originally Gluth v. to persons trained in the law. It is Kangas, et al.]. interesting to note that the Court -. In August, 1988, the Hon. c. A. includes not only those in lockup in this Muecke entered judgment for the category; the Court also includes those plaintiffs. Arising out of Central Unit who cannot benefit from the use of a law operations, the suit claimed that access library, such as those who are not fluent to the courts was denied in more subtle in English, do not read, etc. ways than occurred in Koch, above. In order to meet this obligation, Judge Muecke ruled for the plaintiffs defendant will establish a program which on all three counts of the complaint: trains legal assistants (real ones ... not -- CONVICTIONS/ North Unit JAZZEZ / East Unit PAGE 44 LA ROCA LA ROCA PAGE 13

tween 55-65%. rather clearly set a new standard for inmate illiteracy. For the past eighteen Response: A.R.S. 12-120.21 was amended by These percentages seem incredibly Arizona. Technically speaking, the months I have come to realize that educa the Arizona Legislature. Effective for any high. But when we understand that 500,000 D~partment could take the position that it cases which would be pending on September tion is the single most important •, area is required to make corrections only in 15, 1989, the first direct appeal of a adults in Arizona have less than a high that needs to be developed within the particular instances challenged in the life sentence actually imposed now is to school education, and that in fact, Arizona's community as a whole, and 400,000 adults, or 25 % of our population, suits, and the Departm~nt would be legally the Court of Appeals rather than the state within the prison system in particular. correct. But that is only part of the supreme court. Sentences of death which is illiterate, these high percentages of And this development must begin in the story. In Koch, there will be a hearing were imposed still go on dire'ct appeal the illiterate inmates in our prisons becomes community, before people become a burden for money damages. His challenge to his high court. A number of life sentence more believable. (Arizona Briefs, winter on our society. I also realize that criminal conviction was damaged by what cases which were submitted to the court 1987, R. Stout and G. Gibson) education is often overrated as being occurred at Tucson, and there is a strong have been transferred back down to the Indeed, there does seem to be a cor responsible for all of societies social likelihood that the federal court decision Court of Appeals, and that is the reason relation between education and our prison problems. This may be true; however, in the suit will cause the criminal case for the transfer order you received. Don't population problem. My own experience education is obviously involved with our to be reopened . complain. You now have the opportunity of in living within our prisons, and working problems at least in part, and education Where damages can be demonstrated, a two state appeals court direct reviews of with inmates as an education aide leads is something we can all do something plaintiff may be entitled to money. Two your conviction, whereas death penalty me to believe these high percentages of about. divisions of the District of Arizona have inmates have only one. (True, the second it squarely ruled that there are certain one, to the Arizona Supreme Court, is only ii practices that will not be tolerated. If by way of certiorari, but that's better ~ those practices were to be continued for than none at all.) Under no circumstances other Arizona prison locations, the case can any state criminal proceeding be for punitive damages becomes extremely appealed direct to the federal courts. strong. The judgments in Koch and ) [ Sports & Recreation] Gluth are admissible in other actions Question: I used heroin for a time a involving other inmates. It would be number of years ago. I also engaged in legally very dangerous for the Department various sexual activities which might have to continue practices anywhere which had placed me at risk for AIDS. I went to our been declared illegal in some other C. M.A. and requested AIDS testing. She location in Arizona. At the very le s t, it refused me the test, stating (8-2-89) that EAST UNIT -- SOUTH UNIT -- could be very expensive for the taxpayer I did not want the test, because if it in money judgments. came back positive, I would be COMPLEX SOFTBALL TOURNAMENT (JUNE): East JULY 4th HAPPENINGS For these reasons, I believe that we "stigmatized on the yard, because there Unit picks up the First Place Trophy with FRISBEE THROW: 1st) Miarka will see significant improvements made was no way to keep the results secret," wins over South Unit of 7 to 5, and with 2nd) Philips Picacho 13 to 2. when (and if) these judgments become ~ and "because there is nothing we could or 3rd) Price final. "'ft would do for you, anyway." I would like SOFTBALL SERIES WITH NORTH UNIT: East DOMINOES: 1st) Rushing & Will more information about AIDS, testing, Unit came out victorious on July 21st, 18 2nd) Gilbert & Shine treatment, and my legal rights. to 5. They also won a pair of games on 3rd) McCoy & Rushing August 5th, then squeaked by with a 10 to BACKGAMMON: Response: Although I was not present for 9 score on August 11th. On August 18th, 1st) Price your discussion with the C.M.A., it does they really strutted their stuff, rolling 2nd) Miarka raise some very interesting questions if over North Unit 17 to 3 -- with the East 3rd) Williams you have recounted it correctly. Before Unit remaining unbeaten at home. BASKETBALL FREE-THROW A-[ Law Letters] examining what I believe the law to be, 1st) Gant TENNIS: East Unit continued victorious let's look at some important medical at home, winning both matches with North 2nd) Shine realities as they stand on August 21, Unit on July 14th and July 22nd. 3rd) Marlon Question: I was recently given a life 1989. HANDBALL: 1st) Crazy sentence and I have appealed. I received a HORSESHOE DOUBLES VS NORTH UNIT: These Since early this year, the leading cause 2nd) Mundo notice from the Arizona Supreme Court guys from the East Unit didn't seem beat of new AIDS cases has been intravenous 3rd) Pajavro which stated that my appeal was able on their home turf in July. First drug use. Sexual transmission of the virus 4th) Topo transferred to the Court of Appeals. I Place went to Hudson and Randy - E.U.; is declining, while drug transmitted Second Place went to Bravo and Canteras thought that cases involving life disease is increasing rapidly. In some BASKETBALL PLAY: In August, another win sentences and death were to be appealed E.U. urban centers, it is estimated that at for South Unit, edging an improved East direct to the Arizona Supreme Court. Can I least 90% of intravenous drug users FAST-PITCH STANDINGS at Press Time: Unit team 86 - 80. bypass the Arizona courts and appeal 1st) TECHNIQUES 5 and 1 already are infected. Various experts have RACQUETBALL TOURNAMENT vs NORTH UNIT: directly to the federal courts? 2nd) BROTHERS 9 4 and 2 concluded that the use of dirty needles (Augus~ resulted in Peterson, N.U., 1st; 3rd) BAD BOYS 3 and 3 Watton, S.U., 2nd; and N.U.'s Cagle, 3rd. 4th) COMBINATION FORCE O and 6 PAGE 42 LA ROCA LA ROCA PAGE 15

and syringes is largely responsible. The medical community in the United States THIRD PLACE/ NON-FICTION 1. Recent government actions prove abandoned reusing needles and syringes that there is something which can be done Ken Lamberton over 20 years ago, because even in the [ Insider's Outlook ] Tucson/Santa Rita for persons who test positive and have not hands of professionals, they cannot be developed disease. AZT has been approved reliably sterilized. Even though it is for this purpose. It also, of course, is said that dilute bleach solutions are approved for use with persons with active effective for cleaning up lab spills that disease, and it has been shown to prolong mi ght be infected with the AIDS virus, it EDUCATION AND OUR PRISONS life. Under these circumstances, inmates is foolish to assume that dilute bleach, who test pos itive for virus exposure are in the hands of amateurs, can reliably A Relations hip and A Problem entitled to both types of treatment at sterilize an injection "rig." Injections state expense . Arizona has a problem . Education is The 1985-86 Arizona Department of require mu c h higher quality sterilizing in sharp decline, budgets are suffering Correction s annual report states that the than washing a dirty s ink. and illiteracy is prevalent. At the same total cost per inmate to Arizona ' s tax 2. Refusing to allow voluntary testing i s irresponsible when based upon time , the states prison population is in payers is more than $15,000 annually . Peopl e who contract the virus may not an a ssumption that a positive test for creasing dramatically, mushrooming into Currently , there are more than 12 , 000 in become ill for many years. At present, the virus exposure will be "leaked" by staff economic proportions nearly out of con mates in our prisons , and this is expect average time is about 7\ years afte r (stigmatized). trol. Could there be a relationship? Is ed to increase by 47% by 1991. Those infection, but some cases are suspected to it possible that education, or the lack numbers add up to a budget that has been have resulted from infection received as 3 . If the information is "leaked" by of it , is responsible for Arizona ' s grow ballooning out of control for over ten many as 15 years ago . We must therefore staff, the Department of Corrections is ing problem in our prisons? years . (In 19 76 , the states total inmate conclude that any person who engaged in liable for any damages wh i ch result. The Last year , Senator Jones Osborn population was 2 , 500 at a cost of about high risk behavior as long ago as 1974 may confidentiality of medical records is stated that Arizona corrections was going $8 , 400 per inmate.) be infected with the virus. to be the hottest growth industry in the Now that we understand the serious required by state law. state . He pointed out that Arizona has ness of the problem with Arizona ' s pris At this writing, only one drug is approved It is beyond dispute t hat a prison inmate one of the highest rates of imprisonment ons , we must examine the possibility that for AIDS patients. Its short name is is entitled to proper medical car e for in the country ; only six other states Arizona ' s educational system is at least "/1 /'.T. " This drug does not cure the serious medical conditions. Since this having greater rates of incarceration. partly responsible. d isease , hut it does prolong the lives of standard has been applied to many (ALizona View , June 1987) In a recent speech given by Governor those infected . Originally , it was used life-threatening conditions, it also must According to the Arizona Department Rose Mofford , Arizona was urged to pro only for people who actually had developed apply to HIV. This standard must apply of Corrections annual reports, the eco vide better education for children to the symptoms of ATDS. [It appears that not equally only to those medical treatments nomic burden of our correctional system protect the state ' s fiscal future . This everybody who i s HIV infected will develop which prolong life, even if death from the has increased over 1000% in the past ten statement makes a great amount oi sense disease, but current estimates put the cond i tion seems inevitable. The usual years . In 1976-77, the states correc when we consider the possibility that percentage quite high .] Used in people who argument is that a cur e might be around tional budget was $20. 9 million ; in failing to educate today ' s children sue are sick, the drug has a number of the corner, and those whose lives have 1980-81 it was $69.3 million , and by cessfully will cost millions for unpleasant side effects . been prolonged might be saved by such a 1987-88 it had increased to $210 million. Arizona ' s future in terms of social ser A few days ago, the results of a new study cure . Notice that there has been more than a vices such as welfare and even prisons. were announced . It was discovered that AZT 300% increase in the departments operat But how can we be sure of this relation was effective even for people who had not So, it woul d seem to me that inmates who ing expenses between 1981 and 1987. Com ship? Does a lack of education conse developed disease . Apparently it delayed show symptoms due to HIV infections have pare this to a 145% increase in the quentually mean a future burden on soci the onset of illness. The study was so the right to be treated with AZT and any Arizona Department of Education ' s budget ety? One indication of this is observed successful that it was terminated earl y . other drugs which the government approves for the same period. (Arizona View , June in prisons today . Shortly after the announcement, the U. s. for this purpose. [There probably is no 1987) The average Arizona inmate is a Food and Drug Administration declared that right to be treated with experimental This year , the Arizona legislature single white male between the ages of it had approved the use of AZT for people drugs, however.] As I understand it, AZT passed HB 2142 which appropriated $23 1. 7 twenty and twenty-nine who went to high who t ested HIV-positive but who had not treatment t ypical l y involves about 1600 million to the Department of Corrections school but never graduated. In fact , in yet ~eveloped symptoms of illness. milligrams of AZT daily, at a very high for 1988-89 operating expenses . Indeed, most cases he is illiterate . As high as annual cost per patient . (I have heard a corrections has been, and will continue 85 % of Juvenile offenders in this state Legal Considerations figure of about $8,000 per patient per to be the fastest growing industr y in the are illiterate , and amo ng the adult of Ths inmate who asked this question raised year.) state. fenders , up to 65 % cannot r ead or write. several important legal points. Recent Why is a budget that outstrips all (Arizona Briefs, winter 1987, R. Stout events may have changed y our l egal rights, The study on the use of AZT to delay onset other state budgets , including education and G. Gibson) John Quillen, an entry and it is for that reason, that I am of illness suggested that lower dosages al!J social services necessary? The ne skills educator for the Arizona Depart venturing into this area. I admit that the could be u sed . It a l so showed that there cessity is derived from the growing num ment of Corrections , who has been working law of this topic is not settled, but I were fewer undesirabl e side effects . ber of inmates in Arizona ' s correctional with adult offenders at the Wilmot facil believe that there are enough similarities partly due to lower dosage and probably s1stem and the cost to keep each inmate ity in Tucson , Arizona, estimates that with other prison health iss ues for me to partly due to the patient being healthier 1 n that system. illiteracy among prison inmates is be- suggest certain conclusions. than those already showing illness . PAGE 16 LA ROCA LA ROCA PAGE 41

But the use of AZT for "preventive" be protected from the results of such purposes means nothing without e arly irresponsible employee behavior; detect ion. In fact, government researcher s obviously, the State would be help liable this week emphasized for the first time, in lawsuits for such "leaks" which damaged the importance of early testing, because inmates. Health & Fitness ] now there is something which can be done . The feeling is that the earli er the If you continue to be denied voluntary condit i on i s detected, the better the tes ting for viral exposure, or if you te s t chance of holding it at bay . HIV+ and have been refused AZT treatme nt, NUTRITIONAL MYTHS: Many inmates use practice, work-outs, and competition can you might wish to explore your right to their "time" to build themselves up; get prevent water losses. Under these c onditions , it would seem to seek judic ial remedy . [Obtain your copy of in shape. Weights, competitive sports, 2) Water is actually an important nutri me that the pr evailing c onstitutional law "Conflict Resolution" from La Roca , wh ich jogging-running-walking routines; all ent for active athletes and body which r e lates to treatment of serious detail s methods of seeking various forms these programs are adopted to benefit our improvers. Water makes up 60% of your medical c onditions would include voluntary of relief in the state courts. ] Inasmuch overall health, improve endurance, and total body weight and 70 % of your mus testing . If any inma t e s t ated that he had as the Arizona Civil Liberties Union build-up/fir m- up our muscles. Here are cles. Without enough water, you cannot engaged in a high risk activity at any r ecent l y has indicated support of inmates some things the more serious student perform at your best level. Water cools time s ince 1974, he should be allowed suffering from active AIDS, you ma y wi sh should know about nutritional hype, and your body. When you exercise, your body voluntarily to be tested by an independent to get some tips by writing to : Mr . Lou i s things to watch out for . temperature increases. You sweat more, agency . Rhodes, A.C.L.U . , 2021 North Central, 1) The more protein and protein supple and the evaporation helps your body cool Suite 218 A, Phoenix 85004 ments you eat , the more muscle you will down. YES. Tt is appar ent that the Departme nt of have . NO. There is no evidence, despite Corrections would have powerful motivation Multiple Inquiries: Several inmates who 3) Without sufficient water intake, all the amino acid , protein, bulk jargon, not to allow testing. After all, the cos t s h ave studied "Conflict Resolution," have dehydration can cause some trouble. This that indicates more or better muscles of AZT " preventive" therapy is a ma jor sent me questions, comments, and helpful means that you can no longer sweat to through protein. Excess protein -- like item . The number of Arizona inmates who hints based upon their e xperience . I put help get rid of your body heat that excess fat and c arbohydrates -- will be would test pos itive for virus exposure is them together here , with my responses. The builds up during activity. The first stored by the body as fat . A normal diet unknown, but it probab l y wou ld repr esent a ones which are useful will be included in symptoms of dehydration include thirst, supplies more than enough protein for significant cost, j u st as it does in the an addendum to "Conflict Resolution" which faint chills, clammy skin, nausea. It muscle growth . free world . ] I expect to distribute in January. gets worse. YES. 2) Eating honey, sugar , soft drinks, or 4) Drink plenty of cool, plain water even It i s equally obvious that the Department (a) Is it not true that one may serve any sweet , before competition will pro if you do not feel thirsty. Avoid sport of Corrections wo uld have a strong the Notice of Claim under A.R.S. 12-821 by vide a quick burst of energy. NO. Other drinks before or during exercise or com interest in the results of the testing Certified Mail rather that by following than an artificial , momentary rush, the petition. They contain salt or sugar and being report ed as negative. For these your s u g g estion to use a process serv er? opposite occurs. The amount of insulin are not absorbed by the body as quickly r easons, an independent agency should draw in the blood rises and sugar in the blood as water. YES. Response: Ma ybe . In the last La Roca , we is removed too quickly. With low blood the blood samples; perform the tests; and 5) Avoid too many salt tablets. Too much inserted a little legal notice at the last sugar , an athlete may feel tired, even report the result s directly to the inmate. salt draws water into your stomach to Otherwise, there i s a classical conflict minute, discussing this . Since this weak. question raises a serious question about dissolve and dilute it. Take one at a of interest. 3) Vitamins will give you more energy. th i s inmate's confusion over the use of time, if you are convinced you need it Lastly as to the matter of confidentia l NO. Not one of the 14 known vitamins at all. YES. binding precedent , I repeat that supp.lies energy. Yes, it's true that ity. Inasmuch as HIV cannot be trans mitted discuss i on here . through casual contact between people, some vitamins help the body use energy, but thes e are generally supplied in suf there is no need for others to know about It may not be necessary to serve t he a person ' s HIV status. Those who " leak" ficient quantities by normal table diets. Notice of Claim by process server, thereby Megadose of vitamins will not give you private information do so out of saving you considerable money when you ignorance . There is not one documented more e n ergy or improve your endurance. wish to demand damages from a public As an example, if you consume more vita case of a person contracting HIV from agency in Arizona . Division Two of the min B or C than your body needs, they are living with another person who is HIV+. Court of Appeals has held that service ma y simply flushed out in your urine. ~evertheless, there is tremendous and be by some other form of del ivery which understandable fear on the part of produces a receipt . See Creasy v . Cox on, ABOUT WATER: In southwestern and tropi correctional employees and inmates. Some 156 Ariz . 145 (App . 1987), rev iew denied, cal climates , the importance of water make a very serious effort to remain March 15, 1988. I nas much a s Certified Mail intake in connection with sports and i gnorant, and hearing them talk suggests is similar, it may satisfy the 12-821 exercise is critical. Whether in the that they have successfully achieved this r equirement under the Creasy r easoning . fifth set of the U.S. Open, or on the go~l . But regardless of the emotional fifth lap around the yard, consider --- aspects of infection, the objective fact s This case was decided in Division Two of 1) Mu scle cramps are caused by inadequate must govern. Effective measures should be the Court of Ap peal s . It is therefore salt intake. NO. Cramps are caused by put into place which protect inmates from binding precedent only upon the courts of severe losses of water through sweating. revelations about test results. Likewise, Division Two. Mo s t inmates bring actions Drinking water before, during, and after the taxpayers of Arizona have the right to against the s tate or its agencies, which PAGE 40 LA ROCA LA ROCA PAGE 17 are brought in Division One. The Creasy jailhouse lawyers enjoy the wrangling -- decision is not binding upon such actions, I prefer to get to the real issue of a because Division Two has no jurisdiction case, don't you? over Division One. It is, however, Faith persuasive precedent. The superior courts (c) When I am making out the Summons The customary basis for feelings such of Division One are free to adopt the for a suit against a state agency, must I 'I'he Sins You Committed as these are doubts that the Father will Creasy reasoning or not. [Maricopa County put the name of the person who is to be Before You Were Saved overlook all the wicked and sometimes Superior Court is in Division One, which served on behalf of the agency, even if evil things the person has done before is where actions against the State are that person is not a defendant? Many people, when they come into a they were saved. They remember the sins brought.] The Arizona Supreme Court did saving relationship with the Lord Jesus, and somehow feel that God the Father will not accept the case for review, thereby Yes. In general, you should put the name experience a great sense of a great remember them as well. leaving the matter open. Denying review of the chief executive officer of the weight taken off them. They experience Each of us can be helped in these does not mean the high court agrees with agency and serve him. If you omit the name a lightness and liberation which is new feelings if we remember that we are the reasoning; there can be many reasons of the person to be personally served on in their lives and everyone who knows redeemed only by the Blood of the Cross. for denying review. behalf of the agency, your summons would them notices the change. That when, on our Judgment day, we stand be defective and service would be Usually, everything goes well for a before the Lord and, even then, when we In an effort to resolve this, I wrote to unsuccessful. You must do this even though week or two and then the newly-saved per are remembering our sins of the past, Chief Presiding Judge Dann in Maricopa the person you put into the summons is not son starts to have a gnawing feeling in that God shall look at the entry next to County to determine if his courts would named as a defendant in the complaint. For his gut that the other shoe is going to our name in the Lamb's Book of Life and adopt Creasy as a matter of policy. To example, your summons should say something fall. He feels a strange sense of incom smile. He'll say, "Friend, I see no date, there has been no response. like this: pleteness and he fears that his new sense transgressions next to your name; they To: The Arizona Department of XXXX, of liberation will fly away like smoke have been covered by a big red stain from Until an issue of law is settled, I always by service upon Mr. YYYY on a windy day. He feels somewhat fear the Blood of Another. Come in and claim recommend the more cautious course of ful, and a mounting sense of isolation your inheritance." action. If your claim accrues in an area (d) I wish to appeal my disciplinary, from his newly-found brothers and sisters which would require you to file your suit but to do so, I need the names of in Christ. - Father Frank Hawkins in a court which is a member of Division witnesses, etc., which I would call in the One, I continue to recommend using a superior court appeal discussed in The Two Of Us THE NIGHT JESUS CAME process server for the Notice of Claim. I "Conflict Resolution." How can I get those do. But if you simply cannot afford a names and addresses? I realized one night On the night Jesus came, as I lay in process server and you don't mind taking a As I laid in my cell Study the sample complaint in that part of my bed, there was nothing but trouble chance, use Certified Mail. It's better That all my life "Conflict Resolution." You will see that going around in my head / My mind it was than nothing. Who knows? Maybe your case I'd been living in hell. you can demand that the defendant(s) tired, and my body was sore, It was the will be the one which causes Creasy to be same night that Jesus had opened my door provide various information in their adopted officially in Division One! answer to the suit. / He came to my bedroom and he slowly There was no one Who could take my fall walked in, said "I've something to show (b) In one of my cases, the attorney Until I read my Bible (e) Can I call witnesses in my court you," It was God's book of sin / I said general pointed out that the Notice of And then I saw it all. appeal of a disciplinary? I was honored, but why'd you pick me? And Claim is governed by all of the following: he said just be quiet and soon you will A.R.S. 12-821; Rule 4 of Civil Procedure; Yes, but only if you demand a trial de see / With my heart running wild I just I read where He could help me and Arizona Administrative Code R2-10-103. novo. Study the sample complaint in couldn't wait, and the next thing I knew If I would only ask Exactly what am I supposed to do? "Conflict Resolution" very carefully. I was at heavens gate / There were hun And all my sins He would forgive dreds of people and they stood in a line, All I had in my past. As noted below, if you are asserting a claim against the state or one of its (f) If I file my complaint seeking an He called all their names and they slowly appeal of my disciplinary in Maricopa went in, I knew all at once, I was bur I saw all the love He had for me agencies, you are not permitted to assert County, must I pay the filing fee? How dened with sin/ Then He showed me His But, I didn't know how to pray that claim against any individual employee of the Department of Corrections. Taking about if I file in Pima County? book with the names he'd called out, and But on my knees, beside my bed all of this confusion and jumbling He showed me my name, but my name was He gave me the words to say. together means: you may serve your Notice Maricopa County is allowing deferral of crossed out / He said lists often change of Claim against the Arizona Department of filings fees. As I understand it, the and Heaven can wait, but be sure I was The tears were running down my face Corrections by transmitting it to the other Arizona courts are not. There has ready when I reached Heaven's gate/ Then And all down my chest Department of Corrections; Risk Management been much confusion about the la,,s Jesus smiled, and goodbye He said, then The love I felt, and all the words I said Services; or the Attorney General. governing deferrals and waivers of fees the next thing I knew I was back in my I know I did my best. and costs. I am aware that there is bed/ On that night Jesus came and saved My recommendation: serve your Notice of various litigation going on about it right me from sin, I was closer to Heaven than I know I took the gift He had Claim upon the Department of Corrections now. We'll have to wait for the results, I'd ever been / So when Jesus comes to With lots of love and care by presentation to the Director. Let the for full clarification about how the take me away, I pray that I'm ready on And now there's two within this cell Department forward it on to the proper courts are going to handle all this. The that judgment day. As we join our hands in prayer. persons for evaluation and response. bottom line is that the courts and the Otherwise, you may involve yourself in legislators do not want lots of inmate - Eddie E. Boyd - c. W. Moore SMU CB-6 endless wrangling over nonsense. Some litigation in the state courts; forcing PAGE 18 LA ROCA LA ROCA PAGE 39 the payment of filing fees is an effective various parts of the state, this confusion .~.. ;.. ~~~•,r:~ way to bar such filings. has been resolved. The meaning of this (;» provision is that the suit in state court (g) I am confused about who I can sue for common law tort can name only the Inmates not having immediate access and who I cannot sue, in state and federal State; it may not name individual to church service schedules and general courts. Can you clarify this? employees. information are encouraged to kite the Up to a point. But you must try to Religion Department at Florence Complex understand the reasoning so that you can That provision would not, however, apply administration for their schedule of work out new problems on your own. The to suits in state court under the federal activities. Eleventh Amendment to the United States civil rights statute, which requires the Constitution has been interpreted to mean naming of individual defendants not the that one may not sue a state or any state state or its agencies. agency in a federal court, by name, for CRAFTS FOR KIDS Late information indicates that there damages. (One may, in a proper case, sue I will leave you with a homework question: has been much confusion around the yards for other relief, however, such as a court when may a federal court sit in a case The Women's Prison is coordinating in connection with recent Visitation order requiring something. But there must involving only common law tort? What rules a Christmas drive for the kids at shel changes and amendments. Inmates are be a federal statute which gives the then apply to the case? Even if Arizona ters for abused women. The drive also encouraged to check out current policies federal court jurisdiction over the law permits the naming of the State as a includes gifts for kids at shelters for thoroughly and avoid the hassles. matter.) defendant in state court, can the State be abused children, and for the children of named as a defendant in a federal court incarcerated parents. The goal is 200 One may not, therefore, file a civil suit for common law tort? toys by Christmas. This is an approved rights complaint for money damages under program which requires yarn, cloth, hand Word reaching LA ROCA indicates that 42 u. S. C. §1983 in federal court and (h) The Superior Court refused to crafted toys and similar materials suit Western Payphones, the telephone monitor name as a defendant, The State of Arizona allow me to file my suit free; the Court able for children, particularly boys in ing contractor, is, indeed, charging more or the Arizona Department of Corrections. of Appeals dismissed my appeal because I the 7-13 age range. Contributions to for customary toll calls than the Depart The exception would be where the State could not pay their filing fee. What about this praiseworthy effort should be sent ment's previous vendor. In one instance, gives permission to be named in such a my "right of access to the courts?" Don't to the Women's Prison, c/o Lt. Bahme, "before and after" calls, identical, were manner, which does occur occasionally. these actions deny that right to me? Staff Sponsor. examined -- revealing an increase of 2 60 %• Should this be happening to your Arizona is one of the state which allows First, we must determine if you have such ACI LITIGATION family, send complete documentation and the filing of civil rights complaints in a right. The fact is that you have copies of before and after bills to Mr. its state courts. But keep in mind that incorrectly stated this riGht. There is no LA ROCA recently received a letter Mike Cowren, Purchasing Department, that does not mean that you can name the general right of access to American from Michael St. George, the Tempe attor Arizona Department of Corrections, 160 l State or a state agency as a defendant courts, and there never has been. This is, ney litigating the ARCOR/ACI minimum wage West Jefferson, Phoenix, AZ 85007. just because it is in state court. See therefore, a fantasy. dispute. This letter provides a compre Will v. Michigan Dept. of State Police, The Supreme Court has stated that there is hensive status report, as well as a real 109 S. Ct. 2304 (June 15, 1989). a right of access to the courts to istic prognosis for pending motions and LIVING FREE is great preparation for challenge criminal convictions and bring related activities. Inmates interested living free. Check into this program if The rule in civil rights complaints is actions implicating fundamental rights. In in this litigation can kite LA ROCA, you are within a year of release. that you must name persons only. An the latter category is included civil North Unit, for a copy of this update. individual is a person. So is a city or a rights suits challenging unconstitutional county. See Monell v. New York City Dept. acts by public employees, violations of GET THE FACTS of Social Services, 98 s. Ct. 2018. federal statutes, and certain domestic LA ROCA welcomes Kenneth Ashelman to relations matters such as divorce. For AIDS Program If you are suing for some wrong (tort) such matters, one must be allowed to 1600 Clifton Rd., N.E. the staff as reporter for Central Unit. other than under the civil rights proceed fee if an indigent. Atlanta, GA 30333 Contributors, those who want to be heard, statutes, in general only state courts check in with Ken. Expanded coverage of have jurisdiction over the claim. In The copy of your complaint you sent me Central Unit activities and news is Arizona, the legislature has given reveals that you are suing for negligence. AIDS Information forthcoming. permission for the public agencies to be Negligence is a common law tort not The National Prison Project sued in state court for such claims as arising to the importance of the above 1616 P Street, NW negligence, etc. The rules are very listed claims. There is, therefore, no Washington, DC 20036 strict, however. federal constitutional right of access to TURNING AROUND In "Conflict Resolution"[page 8], I the courts for this kind of claim. La Roca's get-ready guide to support indicated that there was some confusion Tucson Aids Project and transitional services, is now avail about A.R.S. 31-201.0l(E), which states The federal courts generally have not 151 S. Tucson Blvd. able to all inmates without charge. Kite suits involving employees of the required the state courts to allow free Suite 252 LA ROCA, North Unit, for your copy. Department of Corrections must "lie filing except for divorces/domestic Tucson, AZ 85716 against the Department of Corrections." In relations situations. In fact, you may Hotline: (602) 326-AIDS separate suits brought by three inmates in wish to find and read the leading case, PAGE 38 LA ROCA LA ROCA PAGE 19

Boddie v . Connect i cut , which d i s cusses the claims, the court dismissed the State of reasoning and the s t andar ds to be appl i e d Arizona but left intact, the claims in such instances. I n a nutshell, for a against the individual employees. Could state court to be r equired to all ow free you please e x pla in the distinction? f i ling, the action mu s t : ( 1) i mpli cate a Response : This is an excellent question fundamental l iberty or interest ; (2 ) and, wh i ch needs car efu l treatme nt. The the s t ate court mu s t have excl usive question is similar t o one posed abov e, control over such claims . but we can furt her analyze the i n t e r p l ay of these jurisdict ional problems for State courts have exclusive jurisdiction education and intellectual exercise. I over domestic civil cases, and in Boddie, will be clarifying this in an addit i on to it was held that s uch cases implicate a " Conflict Resolution," since parts of this fundamental interest . So states are question have been asked by at least 10 required to allow indigents to file inmates, suggesting t hat I need to treat divorces, free. it in more detail.

With respect to the common law tort of also is a Notary; state law requires that negligence, the court dismissed the such persons administer oaths upon individual state correctional employees request.) You could present your questions WEDDING BELLS from the suit due to the requirements of in writing for the deponent to answer in Women's Prison] A.R.S. 31-201.0l(E), leaving the State writing in your presence. Another I [ On July 24th, our sister inmate, Geri only as a defendant. With respect to the possibility is a recorded deposition. This Nosie, exchanged marriage vows with Nito civil rights allegations, however, the is more common in federal than state - C. Kaye Ferguson - Villanueva. Congratulations and best State is not a "person" under §1983, so court, but it could be attempted. You wishes for a happy and enduring marriage. the State was dismissed; the individual might be required to obtain court state employees were, however, persons permission before these creative methods within the meaning of §1983, so they were are allowed in state court. I encourage not dismissed. you to try to work around this problem, GRADUATION DAY GOODIES and to report your failures and successes A special graduation ceremony was (k) If I cannot name an individual so that they may be shared. I admit that The Feeling Good About Yourself Club held at the Women's Prison on July 25th. Department of Corrections employee in a this could be a difficult problem, but I now features a monthly booth sale of As part of the Living Free program, cer state court suit for connnon law tort, how am confident that we will find a way. tasty i terns. Check bulletin boards for tificates were awarded to the many women do I get discovery from such an employee? future offerings. (1) Isn't it impossible to bring a successfully completing subject agendas Discovery against a party requires that in Living Free, Interpersonal Relations, materials in the possession of any agent negligence claim against a state agency, when one cannot also sue the individuals Anger Management, Self-Hypnosis, Chemical be produced. Employees are agents. So as Dependency, Human Relations, and Writing far as documents and things are concerned, responsible? Skills. I see no problem. It might be advisable Welcomed by Living Free coordinator for you to identify in your requests for It is done all the time. It is just a Jay Hildebrandt, the graduates were production where you believe the items matter of being creative. It's just a joined by Secretary of State Jim Shumway, might be found. [If you have a problem learning process. All law is a learning Central Region Warden Bob Goldsmith, with a nonparty, you might wish to process. Deputy Warden Larry Hughes, and ADW Nancy initiate an independent action under Civil Hughes. Also on hand were Inmate Manage Rule 34(c); this would involve another (m) Isn't the restriction on ment Administrator Bob Cassady, and lawsuit, but not for damages. It might be discovery described above an others from the programming and education styled "Complaint under Civil Rule 34(c)." unconstitutional impediment to our right departments. Following the presentation Still another possibility for the fertile of access to the courts? of certificates, special commendations mind would be a special action complaint were presented to Karole Lambert, Sharon under A.R.S. 39-121 et seq, for production It might be, if there were such a right. Kelley, and Sandra Sims for their excep of public records. For the latter, you There is no such federal right with tional effort, and for organizing the must first make a demand upon the respect to common law tort claims. It event with Mr. Hildebrandt. I custodian of the records and give him a would be most entertaining, however, if Following the ceremony, and a brief reasonable opportunity to comply. Some someone should successfully litigate that Rosalie Seay accepts certificate from Marshall address by Mr. Shumway, refreshments were records are not public, however, and would there were such a state created right. Abbott {Anger Management). served. Congratulations, ladies! not be available through this route, e.g., Perhaps you will be the one! Keep trying! medical records.] (n) What is the "Certified Mail" that PAROLE BIZ Interrogatories are more of a problem. You you describe in "Conflict Resolution." Is it available free to indigents? may not generally do interrogatories Mr. Stan Turley, a member of the cur r, against a nonparty to a suit in Arizona's )" Certified Mail is a postal service which rent parole board, recently gave a brief ·, state courts, and in state court for provides that the recipient (usually a talk at the Women's Prison, stating that ' common law tort, an employee of the mail room employee) sign a receipt showing the board was certainly not the enemy of \n Department of Corrections may not be a that the item was received and on what inmates. He said the Parole Board, in " party (defendant). date. The receipt comes back to you as a deed, wanted inmates to get out -- and green postcard, and should be retained by to make it. Mr. Turley confirmed the Admissions sometimes are of value, but you as proof of delivery. Another service board's interest in programming; not as everything that can be accomplished with which is available is "deliver to something to look good in a file, but for admissions also can be done with addressee only." Current postal ourselves. He added that the board was interrogatories and depositions. regulations, however, allow this to be very interested in attitudes, and what You may perhaps accomplish the same goal delivered to anyone who demonstrates a parole candidates had accomplished to by conducting creative depositions. right to receive delivery of the change bad habits. He agreed that in Ordinary depositions are expensive, addressee's mail, so it carries no benefit mate's families were also "doing time" requiring you to hire a reporter. But but does add cost. The current rate for with us. Warden Goldsmith, Karole Lambert, Secretary of there are alternatives. Any notary public basic Certified Mail with Return Receipt Mr. Turley's talk was encouraging. of State Jim Shumway, Sandra Sims, Jay Hildebrandt, and Sharon Kelley at W.P. graduation ceremonies. can administer the oath (such as a CPO who showing signature and date received is But . ., well, let's see. PAGE 36 LA ROCA LA ROCA PAGE 21 $1. 75 plus the regular first class have been adjustments made for postage. In East Unit, this is mailed disciplinaries. I have tried to induce the fr.ATE WIRE through our Property Room; it may be Department to publish a time comp policy, handled differently in other units. and I was told in writing years ago that LA ROCA is pleased to offer reprints of est and action, and, in general, provide they would. They haven't, as far as I have previously published Advocate articles information for incoming inmates and You should clearly label the front of your seen, possibly because the criminal code by Dave Mann. This service has been de those who have missed previous issues. mailing envelope, CERTIFIED, RETURN and mandatory sentencing is a nightmare. I veloped in response to a flood of redun Inmates may kite LA ROCA for copies. You RECEIPT REQUESTED. litigated the constitutional necessity of dant kites to Mann, which he no longer must order by page number(s) -- ordering such a policy all the way to the U. S. has time to answer properly and/or indi by subject creates over lap in time and This service is not available to indigent Supreme Court, and lost. I presently am vidually. The reprints will also assist materials. Order by page numbers only. inmates at state expense. considering bringing such a case in state inmates in their specific areas of inter- court, but have made no decision. I agree (o) In "Conflict Resolution," you with you that this is a major scandal. Index of Articles state (page 8) that A.R.S. 31-2O1.Ol(E) deals with all prison employees. This is Question: When a person is "Hanna incorrect. Administrative correctional priored," does that mean that he no longer Criminal Law Civil Law employees may be sued for common law tort is a first offender for purposes of in state court. restoration of civil rights, later? Drugs and disciplinary action 1-2 U. S. Supreme Court appeals 36-37, 63 Tha nk you for sharing your opinion. I do Response: I knew it would happen sooner or Arizona sentencing Federal standards for suing not a gree with it. Please read the statute later. OK, I'll admit it. Enhancement, priors, under 42 U. S. C. 1983 59 - 63 and the above questions and responses on Errrr ... ummm ... well, I guess I don't know aggravation, mitigation, this point. the answer! I cannot find any caselaw on soft-time (both types), "Liberty Interest" protected the subject and I can think of equally hard-time, flat-time, by 14th Amendment 64 Question: My time comp seems wrong .... interesting arguments on both sides of the dangerous, nondangerous, issue. Why did I print this, anyway??? sentencing chart 6-10 Lawyers may not be sued under Re s pons e: I wish I could help you, but I ~ ~ 11-14 42 u. s. c. 1983 37-38 do not understand time comps once there ii.. 18-20 Immunity: Judges and prosecutors ***************** BRIEFLY ... Arizona's drug laws may not be s ued for damages 37- 38 SPECIAL ALERT CELLBLOCK K-9 In prison and on the street 3-6 ***************** The recognized emotional bond between Suing public employees under people and their pets goes back to the Sex offenders, registration 64-65 42 u. s. c. 1983 39 In two r e c e nt cas es, I have discovered da wn of history. A Washington, D.C. that the Clerk of the Maricopa County veterinarian, Dr. Earl Strimple, is con Extradition, detainers, Interstate Breach of contract: Superior Court is getting extremely vinced that this bond can also be useful Agreement on Detainers 23-38, 63 promissory e s toppel 40-4 3 care less with filings. In one case, two in rehabilitating prison inmates. He was items were not filed into the record for convinced enough to set up a program at Court-appointed counsel Dismissal compared to summary weeks. One of them was the judgment, not a Virginia correctional facility involv Rule 32, federal habeas judgment: legal standards 46-50 fil e d for five weeks after it was stamped ing several inmates and a small battal corpus, appeals 34-36 " processed" by the Clerk; the other was a lion of stray cats scrounging around the Deliberate indifferenc e crucial r e ply which should have b e en yard. The work resulted in such a high U. S. Supreme Court appeals 36-37, 63 compared to negligence: considere d prior to the judgment. It was rate of success that it was recognized legal standards 56-58 not considered, because the Clerk did not by the esteemed Bustad Companion Animal Criminal complaints against file it for six weeks after it was Veterinarian Award, a national honor judges, prosecutors 63 received at the Court! In another case, a awarded for pioneering work in the similar thing occurred with a motion for Disciplinary concerns human/animal bond field. Anders Brief 37 leave to amend the complaint. The Clerk Strimple reasoned that inmates might Appealing to Superior Court 53-54 did not g ive it to the judge until weeks discover their own care-giving instincts Harmless Error Doctrine 45 after it was mailed, and the case had long through interaction with animals. The been dismissed. Obviously, both cases were program has been expanded with an inmate Undesignated felonies 55 severely compromised. AS LONG AS THE General training program for Animal Lab Techni MARICOPA COUNTY CLERK IS HANDLING PRISONER cians for those considering this career "Modification" of sentences Finding a good "jailhouse ACTIONS IN THIS MANNER, I STRONGLY URGE upon release. Virginia prison officials illegal in Arizona 14-16 lawyer" 31-3 3 YOU TO MAIL EVERYTHING TO THAT COURT endorse the program and claim a positive CERTIFIED MAIL, RETURN RECEIPT, [including effect of fewer disciplinary incidents Pardons, commutations 16 Legal assistant policy: legal? 33 the separately mailed copy to the judge, since the project was launched. which goes to the Clerk also] and to get Good time after waiving Inmate civil rights: history, very aggressive with this Clerk when your Okay, now. . Sit . No, sit mandatory release 14, 21-22 trends, current standards 59-63 filings are not properly handled. I am. PAGE 22 LA ROCA LA ROCA PAGE 35

FIRST PLACE/ FICTION - Chris Zetterlof - Central Unit SHELTER SKELTER

supplies Mike gave away would measurably shorten his friends life. Mike didn't e could see beyond the barred windows really mind -- he would be leaving soon. that the sky was the same ashen H Now, with Davis dead, Mike sat back burnt-orange, unchanged for two weeks to evaluate the situation for the ump SECOND PLACE/ GRAPHIC ARTS/DRAWING now. He finally accepted the fact that teenth time. It dawned on him that he all corrections personnel had died, been may be the only survivor in the building, evacuated, or fled home to their fami as he had not heard the lament of the dy lies. Some inmates had presumably escaped ing for a week or so. Nearly all the when the tremors struck, damaging several UNICORN windows in the building had been blown buildings, leveling others. Mike was in out, causing men to slowly die of the ra Cell Block 5. diation exposure or burns suffered in the Attacks on air bases to the northwest fire storm. Many had starved. Mike had and southeast left the prison in the cen buried his head in the bedding as ac ter of overlapping kill zones; yet it had quaintances asked, begged, then demanded remained free of any direct hits. Mike portions of his precious food supplies. guessed that Phoenix and Tucson were Demands had lasped into feeble curses nothing more than smoldering ash by now. as they weakened. Many had decided to Explosions had rocked the Earth for a take their own lives the second or third full eight hours. time their empty , poisoned guts had Waking at what passed as morning, retched forth blood and stomach lining. Michael Joseph Kohler went about his rou Mike counted his blessings. His win tine. Checking first out the window, dow had been one of the few to remain hoping that deadly glow had died. Peering miraculously intact; he had sodas to through the narrow glass in the cell door drink -- avoiding the tainted water hoping to find the National Guard, or and he had a plan, a goal. He would find anyone, coming to aid the survivors. With a way out, get to his family -- if they this done, he would call down the run to lived. He waited for the fumes in the his longtime friend and Pinochle partner, sky to slowly burn themselves out; for Don Davis. Davis had been pretty sick rad levels to drop. yesterday. Apparently his window had But he was not feeling too well him been cracked in the blasts, allowing the self lately. The nausea was getting poisoned air to enter his cell and lungs. pretty bad, making it easy to stretch his Mike had himself noticed the sores form shrinking food supply. He would need at ing on his body. When he called again least a weeks worth to make it home. That and Davis still did not answer, Mike felt was 150 miles north. Prescott. relief, then guilt, realizing he would The loss of Don Davis hit him pretty no longer have to share his stores with hard then. They had come down together the man. in '99, both for robbery. That was eight Mike had run a store from his cell, years ago. They had become Pinochle part supplying smokes and edibles at two for ners and discovered a rapport which made one and three for two. His enterprise them virtually unbeatable. Men needed had paid off nicely, and when the world someone to count on in prison, and they blew up that Friday morning, he found had been through a lot together, standing himself well-stocked, payday being Thurs back to back in two riots; running card days. Four days later, Mike had fashioned games, even at tempting an escape. The a rope from a sheet, attached some tuna, cell suddenly tightened around him, chips, and soda, and slid the chow down making it hard to breathe. Punishment the run four cells to Davis through the for his own idiocy was one thing, but now five -inch gap beneath his door. Davis all mankind would suffer. The stink in Gene Compton - North Unit - would never have asked, knowing that any the cell slapped him hard. Mike retched PAGE 34 LA ROCA LA ROCA PAGE 23 their plight. Not for their criminal conviction, for the majority of people in prison accept full responsibility for their actions. They blame you for the mandatory senten until he passed out. Using a can opener to scrape away the cing laws that dictate exorbitant periods of incarceration. Arizona consistently hands Waking later, he noticed a golden hue cement around the frame which held the down 7 to 10 year sentences that most states punish by restitution or probation. They had brightened the dusty, litter-strewn bars, Mike whistled some mindless ditty blame you for the disparity in sentences and convictions. We have come to refer to it space. He went to yell down to Don while he worked. Mortar dust covered as "capital punishment": if you have the capital, you won't get punished. Some of us through the four-by-eight trap door set everything. The project kept his mind have seen monied people get away with murder . literally. Finally, they blame you within the metal cell door, then realized off the festering sores and bloody body for not recognizing their worth as human beings. They blame you for making them again that he was utterly alone. He fluids for eleven days. invisible. yelled anyway, screaming expletives and Yes, you are lucky to have me for a neighbor. I blame you for nothing. I just meaningless notes of angst. The echos want to pick up the pieces of my life and get on with the business of living. However, laughed in return, dying down to silence. On day thirty-seven, after shredding I can easily name a dozen of those behind the wire that are not so forgiving , and each Mike jumped to the window, finding the his knuckles and nails in the attempt, one of them are due for release this year. You cannot keep them any longer, they have fires in the sky were burning themselves Mike found that the frame housing the "paid their debt" and nothing can bar their release. They are angry. In fact , their out faster than he had expected. The bars was sloppily yet securely welded to anger fuels them completely. This is what our prison systems are breeding . . angry, dull , rotten orange light was fading a series of re-bar within the wall. He angry men . fast , the gibbous sun sinking towards the felt something akin to relief then; 1, smoke-layered horizon. briefly wondered why, and then fell to I wonder who their neighbors will be? ~-- Mike had begun to consider ending it his filthy mattress comatose. r,._ all with his sheet-rope as so many others Mike came awake to the clatter of had, but found his will to live rekindled rubble and the voices of men. He laid with the reappearance of the sun. Now there in a daze, nothing really register Lop-Sided/The Days and Ways of Abner Lop was the time to begin his escape. ing on his half-starved brain for a full After the sun had set , he could see minute. Then he jumped to the door and that the unearthly glow of the previous slammed open the trap. week was gone, leaving him in total dark "H ey! Hey, you guys! Over here!" ness. He tore a strip of the cheap At last, salvation. The miracle he I never -read. the. ~ Coming up in La Roca ~ --- state-issued towel, making a wick which had given up dreaming about. He would bu. l let in bocl\'cl.s , l i. he inserted into the neck of a bottle of go home. To his kids, his wife. He would La. Rot11.)o'C' noth,n * * Retro-sentencing baby oil. The mineral oil burned clean, eat real food, and heal up. He realized Who needs it ? the smell masking the more unpleasant he was laughing like a mad-man and 1990 -- and Beyond * * odors. The light danced and flickered clamped his hand over his mouth. * * Abner Talks with the ever-present draft from under They looked like farmers and military the door, making the images of his kids working together to keep peace in the The Picacho Project * * jump and weave in the five-by-seven cham aftermath of destruction. They looked ber. He held to the hope they were rela tired and sad, hefting their rifles with and much more. tively safe within the folds of the cool obvious pain. They looked like angels mountain forests, far from any military from God. They saw Mike waving and navi base. They probably thought him dead. He gated their way across the junk strewn hoped this was the case. Why else hadn't corridor. Mike wept and babbled, never they come to his rescue? His father was wondering what they might be doing at the the type to brave any situation where his prison. Looking for survivors, that's

IS A N p 1 E T R 0 P OIM P E 1 F Alelc I At T A family was concerned. all. p A s E I ..!. T s. Mike washed down some tuna with a One dusty young man in fatigues and :I } '.£ M 1 I LIA N 0 .!! T O S [ A IN A C A 0 L p E E 0 ..!!. .!-L!.L'!~ warm root beer. He lit a smoke. With a yellow CAT cap approached alone. He G A L L E R I A 1 1 S C U L T U R A p 1 D .g. ...!. ..! 0 0 A Jl. M 0 NIT A G N E the first inhalation, the sores in his smiled down at Mike, and brought his~ ..!. ,I,.... T El A T R 0 .! ~ Se ~ ~-F 1 A T E ~ 11i1s1 N I mouth reacted violently and he stubbed double-barrel up level with Mike's eyes .. {~ u R I V Al C -s E PIA D 0 V A le'• NI A I I E ,.!C. A p p E N IN I, NI 1 V out the cigarette in anger and frustra L2 l..I. IN I A V LI,. Lll I < ITI o In" LI,. j..c_ I o In I DIE IA I• Iv ,. LI LU LI,. tion. Still cursing, he again checked .Q-.2.- 0 S A R D E G N A ~ S 0 L E '"i: u u T z ~--~E S T E the sliding cell door. He remembered ~ ~ C 0 L I V EIT 0 V E N E Z I A ~ ..!! kicking hell out of it after the quakes, R ii • 1 0 N G Grand Prison State?: South Dakota has .Q E D I f 1 C I 0 ~i S A N M A R C 0 hoping they had knocked the damn thing "" E T L E E a population of about 682,000. Prison ,- ~ s F I U M E C A M PIO I ..L ~ off the tracks or something. Now he sim inmates number 1,168 . Based on the P A L M A 0 .1 Is •0 R G 0 .Q .1 R co •lo! s R c ply eyed the thing with contempt. Nothing "Minnesota Model" of population-inmate .A. IFi ~ "IT A < V lr '< T . ' n .z_ ILIA!SIC All IA Ji IToRl1lNo ..!. ..§. short of dynamite would remove that ob ratios, Arizona, despite all related dem ~-,z. LI. . ,1. ~ T !~ l.QJ [i lA.Ll!c!; 1.A.t:i:I:iliJ le R E uln NI .e. stacle. That left only the window behind ographics, with its present population, it's thick square bars and the small should reasonably expect to have an "Right., Abner. You were released four roonths ago." Solution to Puzzle (Page 53) grate over the air duct. He decided to inmate population of 6,800. What's tackle the window first. happening? PAGE 24 LA ROCA LA ROCA PAGE 33

FIRST PLACE / NON- FI CTION COMMENTARY -

LaRoca Interview Voice in the Crowd ) Kenneth D. Starks, Jr. - Wins l ow

budget matters. Also, the liaison between HAPPENINGS L.R.: "Could you elaborate on that." C.P.: "Yes. In terms of allocations and recreation and central office staff eats budgets for recreation, these are estab up a lot of time. I also act as the rec LET'S GET READY TO RUMBLE lished through basic A & R accounting on reation spokesman and whether it a unit by unit basis. Since we have involves receiving a group of citizens, On July 29th, Boxing Hardesty (SU), in a gal- - --r --~~~ little influence on these allocations, or speaking at an outside gathering, my at East Unit held the un lantly fought battle -=..i: . .. ,., .• - · 1 ' ~ -. .• '--·· ~ ~I ' "'° we obviously must make the most of what message deals with the tangible and psy divided attention of more between two seasoned T\' ' .;,; ' ~ ·"' . we have; we must get all the quality and chological benefits of athletics and rec than 200 inmate specta fighters. .t. mileage we can from every dollar. During reation in a correctional institution. tors. Entrants from North Bout 9: Famon (EU) over v ~-ir :,-,: r ~ , ,----=-; - ...;..~~ the past few years, for instance, we have Finally, I spend more time on the tele Unit, South Unit, and the Coleman (SU). Another ex - ~- ~ developed a new bidding and contract sys phone than the average bookie." East Unit came to fight. cellent fight. ... - - ~.?t: ~ -- ~ tem for athletic equipment, and this L.R.: "How do the citizens groups, and The card featured 11 Bout 10: Moreno (SU) over - ' alone has resulted in the savings of politicians, respond to your message?" matches, and not a mis Lopez (EU) . TKO in the thousands of dollars. The bottom line is C.P.: "The average response is positive. match in the lot. Pugi first round. Bulldoa Patino (NU) and obvious -- more equipment for more activ After all, there is much more to the con listic expertise ranged Bout 11: THE MAIN EVENT ities, for more inmates. structive leisure-time concept than the from absolute beginners Miguel Espinoza (EU) Miguel Espinosa (EU) square oft On the personnel side, the correction shopworn "blow off steam" theory in jus in a first-ever exhibi reigned victorious over al recreation field is in a continuing tifying sports and heal thy competition. tion, to the seasoned ex North Unit's Bulldog competition for good people. Program A high percentage of men and women are pro maintaining his Patino - an ex-pro, in apprentices and professionals are lured accustomed to using their bodies; compet prowess for future bouts. another narrow margin ,·· to hospitals, geriatric centers, city ing, maintaining a semblance of fitness. Comradery, mutual re split decision. In the • park systems, resorts, retirement commu Except in extreme security situations, spect, ability, and endur middle rounds it appeared nities, Club Med -- you name it. Essen this should not be taken away: the over ance are all interwoven as though the prowess of tially, we all want high-calibre people. all effects are totally harmful, and aspects of this unique Patino would be too much Accordingly, we have developed the Cor serve no purpose. Physical activity, sport. Even in prison, for the lesser experienced rectional Recreation Internship Program competition, rewards, no matter how these qualities were "in Espinoza, but as the fight in which college seniors in Physical Edu small, for a job well done -- these are tune" often to the cheers progressed, so did the cation and Recreation work with us as logical extensions of a balanced life of spectators, and always East Unit boxer. part of their degree program. We have style. It is positive, and the interac to respectful applause. further established, through nationwide tion among inmates promotes sportsmanship A great show. Con- ;. ·~ J research, and the network of National and responsibility. gratulations to all. Correctional Recreation Association mem The feedback I get -- even though I Bout l: Alverado (NU) won bers, a uniform list of eligibility and am out there "selling" people on the by a TKO over Perry (SU). competency standards required of recrea value of these programs, I think most Hardesty (SU) and Romero (Perry unable to answer tion professionals. These guidelines folks understand the mental-physical the third round bell). l (EU) stand for the decision have contributed substantially to still link, "healthy mind/healthy body," all Bout 2: Davis (SU) over another program -- in which inmates are that. Their reactions are even more fa Heffel (EU) in a hard prepared for jobs as recreation assis vorable when I remind them that taxpayer fought split decision. tants. This sort of work never stops." funds are not used for these programs, Bout 3: Robles (EU) over L.R.: "We might guess that much of this and that we are dependent on available McMannis (NU) in a nar ., work dove-tails directly with your post A & R resources. Public money has no rowest-of-margin split de with the National Correctional Recreation bearing on the range of our activities. cision. These were two Association." Finally, they have seen what happens when beginners that made an ex C.P.: "It certainly does. I am chairman large groups of inmates are smothered cellent showing. Look for of this year's NCRA conference. It will with indolence and repression. Attica and these guys in the future. be held here in October; ADC is the con New Mexico are regrettable examples." Bout 4: Thues (EU) by de- ference host. It's a huge affair, call L. R.: "Are you planning on more inter fault over McNair (NU). ing on the planning and input of a lot institutional activities in the future? 5: Bravo (EU) by ~. Bout , of good people. State and federal recrea They seem to trigger a good deal of decision over Chewy ,,_: split ·- . l tion people from all over the country enthusiasm." (SU). will attend." C.P.: "Yes, we are. But it's not the Bout 6: Wizinsky (SU) by McMannis (NU) gets L.R.: "How would you describe an average same. There have been changes and ad default over Swope (EU). T1" • ' attention between rounds day in the professional life of Chuck justments, and the logistics can be a Bout 7: Harbin and Chewy (SU) and Bravo (EU) Poole?" nightmare -- with far-flung units like Sweezy, both of East Unit, C.P.: "I guess I can offer a rough com Winslow participating. That's one of the finish a tough split decision put on a most entertaining posite: I spend about half of my time at reasons we adopted the "regional" tourna exhibition match. the various units; planning, meetings, ment elimination system in softball, for Bout 8: Romero ( EU) over PAGE 26 LA ROCA LA ROCA PAGE 31

FIRST PLACE/ GRAPHIC ARTS example. Keep in mind that there was no inter-institutional competition whatso ever before 1982. That year we set up an Olympic-type competition at the Rincon unit (Tucson) athletic field. All units came in, including women. Despite wide spread doubt, it came off as though I had written the script: no problems, no hit ches. We were all very pleased. At this point, unit participation in system-wide events is voluntary: it's up to the individual wardens. But most units try to participate." L.R.: "Okay. What next?" C.P.: "We adjust. We get input from in mates and other systems. We try harder. )i We do more good for more people. We get~ better." H

~~~ _...--!~/(Focus) ■• !-,..__

NORTH UNIT MEN'S CLUB

Several years ago, when the "ASPOT" The Men's Club generates income from Jaycees lost their charter at North Unit, member's dues, the North Unit Photo Pro they left behind an impressive record of ject, and from their share in Snack Shack accomplishments: a long string of com proceeds. During twice-monthly meetings, munity projects; many successful co club business is reviewed, and expendi ventures with the Lifer's Club, the leg tures are evaluated -- all with an eye endary rodeos, and the unselfish donation toward service and improvement. In 1988- of time, energy, and money to better both 89, the club purchased new chairs and the inmate and free-world community. tables for the visitation area. They also This heritage is kept alive by The provided new table games for visitation, Men's Club, 25 inmates at North Unit who and refurbished the children's play have demonstrated a high level of re ground. Further, they jointly sponsor sourcefulness and energy by developing (with the Lifers) a local Little League worthwhile projects that benefit many. baseball team. Perhaps the Men's Club's most visi The club is currently considering ble, on-going activity is their operating participation in the "Make-A-Wish" pro joint venture of the North Unit Snack gram for terminally ill children -- and \ Shack which they run in tandem with The as the year goes on, visible reminders ,'\.. Lifer's Club. The snack shack offers in of a positive spirit, from Christmas ,'.>\ mates, visitors, and staff very reason decorations to something new for the ' - Yuma - 7;\ ably priced meals and munchies, 14-hours yard, will tell us that The Men's Club -~-~ per-day, every day of the week. The em was most likely involved. •. ~ . i ployment of six inmate workers means not .,, .·."- -~ ,r.. · only meaningful jobs, but the further Men's Club President Arthur Arnold '-' "-·• .._.. ,{ development of individual responsibility said, "The Club is more than just busi NATIVE AMERICAN COMPOSITE ~.' t .... .>J/ ,w, - ·-;,,, and self-worth. ness. It's also a lot of interaction, PAGE 30 LA ROCA LA ROCA PAGE 27 OFFICERS

President: Arthur Arnold good friendships, trading ideas, helping Vice-President: Gary Casper each other get things done. We' re like a self-contained support group." Secretary: Jim Lusk Russell Caldwell, Treasurer, went THIRD PLACE Treasurer: Russell Caldwell with the same idea, adding, "We are al ways thinking of new ways to serve the Final Act yard, and those in the outside community who need a little help. With all the restrictions and new policies, it's not Stop breathing, easy. We do our best." Bleed and oo ze, Dennis Somerville, Snack Bar Repre Dying, dying, decay , sentative and Project Director (finance), Choke, heave, e yes bulge, told us: "We all find a bit of self Pupils dilate, e yelids droop, improvement through active participation Relaxation and ... in voluntary projects. We feel better ... Die. through helping the community, and let's Dead. HONORABLE MENTION face it, the yard is our community. As Punched your ticket. far as the Snack Shack is concerned, we Clock i s stopped. P I E C E S can only do what we can, and try harder. Ticker down, Death abounds. We are going to be carrying some new No more McDonalds, Did you honestly expect your opinion to hold, i terns. Right now, we are doing a trial Is this a food order or a stick-up? Sunoco stations, When you know me from Just a glance? run on steak dinners. And we cut all the You presume to k no w my essence in full , Taster's Choice, from a passing formed by chance. corners we can to keep the prices down Dunkin' Donuts, but there's always something. Last Bacardi 151 and nothing, Images made, Judgmen ts formed , from my build , my looks, my stride , week, our main freezer died of old age. Oral sex, An error you ' ve made my shallow frien d, We had to replace it . That represents Booting and snorting, You ' ve not bothered to look i nside. substantial bucks. We would also like Snoring, The miles I ' ve walked 1n search of self , to stock more i terns, but we must deal Used cars and dirty underwear, have left a cherished scar . with a very critical storage problem. Our For it ' s people like you who have left it there, Bullets and broken plastic forks, and for 1t I ' ve traveled afar . space is limited." Liars and bad breath, Here's a toast to The Men's Club. I sought a piece of all of you, All the anger and the pain and the unrest, to build a perfect me. Speaking of toast add eggs to All the stuttering, fear, the confusion, I tried, I took, I fit and I wore, order, some jelly, and it's only a buck, All the anticipation, the orgas ms and sweating, but it ' s only now I see. twenty. A good buy from the good guys. All the children smiling, growing and loving, The things I sought to gain from you , All the hurt and pleasure, love and hate, have exacted a heavy toll. In order for me to be like you, All the life I ' ve scar red and maimed my soul . ~ . All gone. So what you see of my physical self , Yound and old alike await food and refreshment. Zap. is hardly enough to describe, Kaput. the courage it ' s taken, the strength it has built , ·,;.·+. :" ' ' i Finis. to, of my o wn, come alive . C!ilti.-~ ·1· Ended. So unless you have walked the cold, rainy roads, , . \ ~ -, All gone? searching for someone to be, \..~· kindly keep your ignorance to yourself. hi:t'- ·~-'

- Wayne Alexander SMU ~~,~ ,r- ' '"'' t ~ Russell Caldwell, Dennis Somerville, and Good food, cleanliness, and low, low prices. Arthur Arnold take a photo break. PAGE 28 LA ROCA LA ROCA PAGE 29

SECOND PLACE City/Summer HONORABLE MENTION Poetr,y FIRST PLACE Witr can of beer Solitude LOVE & THE 25C STAMP ~it on my front steps HONORABLE MENTION wat ,ing the scene go by, Lke a stage on which a play unfolds Solitude scares, batters, and tears The letter was written alone with hope it' s people passing in review, my heart Folded, sealed in a white envelope cars going by then gently . . caresses it. You would have sent it, had you a stamp HEALING THE HURT a volkswagon, it's driver But instead it was left on the desk by the lamp. '< with long hair and beard My evil enemy whom I detest smoking a joint. for letting me fall from the highest Tomorrow begins Forgotten it lay there for two days then three, I raise my can of beer and salute him. peak of the Grand Canyon and for where yesterday ends But, it was, after all, just a letter to me. Men and women, some old and some young - throwing me into a deep hole full of time remains Just a letter you wrote and held in your hands, a boy and girl go by venomous centipedes and scorpions, burying my steadfast friend So important to me, but you didn't understand. he says something to her me alive there in an endless nightmare. sorrow embraces she blushes and giggles, all that is lost What a few words can mean to a faraway heart and the sidewalks with its cracks With a sneaky, snaky smile in the corners of That's laden with care and ripping apart looks like it's smiling, too. you unchain my Soul and I see my deepest thoughts From the waiting and hoping that it would arrive Kids on bicycles, on roller skates, my father's useless, wrinkled face rain cleanses Sometimes it's a letter that keeps men alive. two dogs, one chasing the other as he dies unwillingly, a friend picking up love makes anew a fire hydrant an old girlfriend who promised eternal love all the dreams Five days, then a week and a month two noses sniffing and loyalty while in my arms and my poor, I have of you Passed by till that unmailed letter two hind legs raising. old mother hooded up to an oxygen tank smiles shine One day caught your eye! A black-and-white goes by lying as dead. My heart can't take it so a guiding light its red light flashing, my soul returns to its curled-up, sweaty escort me thru' Oh Lord, I've forgotten, I hope he's not mad from a distance a train whistles body in my steel bunk that I've gotten so the darkest night Would have sent it sooner, if a stamp I'd had below a rumbling subway -- used to. and grant the time a jet streaks across the sky I need to heal So you picked up the letter and went off to the mail leaving a thin white line, My golden friend who made me a man retrace the steps A few words of love to your man in jail I squeeze my empty beer can . who hears, Understands and Comforts me, of pain I feel, and like no other sees through the so respect my silence Well, the letter it got there but I'm sorry to say - Rick Miller nakedness of my Soul. Send me to my rich the deeds are done It got there too late, by exactly one day. North Unit Past, lose me in those tall, green time for resting Cornfields and as comfort forget about me has begun. For your man he waited, but he waits no longer and not a soul tell where I hide. AWARD OF MERIT Too bad his poor heart wasn't harder and stronger. - Cindy Lukens Just a Daydream He died never knowing in a dark prison camp AC'W / Phoenix - Lorenzo Sosa That your love had the value of a 25~ stamp. North Unit I daydream of crystal clear blue lakes Joe Lardner In the midst of the Canadian Northwest Territories, Central Unit Far from civilized modern man; cruising silently Along in a finely crafted canoe, high on the AWARD OF MERIT OUR MOTHER Mild summer breeze that gently but surely drifts Through the valley.

Her beauty was great, pure and fresh I daydream of chilly spring evenings, laughing and She, who fed us, sheltered us, gave us life Drinking scotch with a good friend, around a warm Though we neglected her Campfire along the shore of the great Hudson Bay, and ripped her apart in our greed Content with the knowledge that there will be fresh The ugly scars that she bares from our claws show upon her face goose eggs and trout for breakfast. as we stole what we wanted and gave nothing in return The price will be paid for what we have done I daydream of a fine tempered Quarter Horse, for she is our mother, the place of our birth Grazing in the meadow of a high mountain Our spiritual mother, own own Mother Earth Valley, by the light of a full moon; of a Fine Labrador Retriever, who knows the - Colt Duke Meaning of friendship but not of - Jessie Gillies - SMU The word itself. SMU PAGE 28 LA ROCA LA ROCA PAGE 29

- Wayne Alexander SMU ~~,~ ,r- ' '"'' t ~ Russell Caldwell, Dennis Somerville, and Good food, cleanliness, and low, low prices. Arthur Arnold take a photo break. PAGE 26 LA ROCA LA ROCA PAGE 31

~~~ _...--!~/(Focus) ■• !-,..__

NORTH UNIT MEN'S CLUB

FIRST PLACE / NON- FI CTION COMMENTARY -

LaRoca Interview Voice in the Crowd ) Kenneth D. Starks, Jr. - Wins l ow

Back in civilian life, Poole returned to the state hospital in Ohio where he served as Recreation Therapist. He was HI, NEIGHBOR also married, and returned to college where he earned his B.A. in Psychology. As I unload the U-Haul and cart my possessions into the house, I am discreetly His minor course work was in Recreation. watching you watch me. I am not really offended; most people are curious about their Poole was later promoted to Assistant new neighbors. You look like the type who might come over later this evening with a Director of the hosp.i tal 's new Behavior six-pack and a pizza. In your round-about way you will want to find out everything Modification Program unit, which he de about me. If I am married, divorced, if I have kids, where I work . you will want veloped into a successful work-exercise to know everything. I'm not sure if I can tell you everything about myself. There is reward system employed to ease patients something about me that I must protect, something that I'm not real proud of. Two days away from drug dependency. ago I was released from the Arizona State Prison. After six years with the Ohio pro I won't lie to you. I just hope that the subject does not come up. I have done gram, Poole and his family relocated to what I have done, and nothing can change that. It is just that while I was locked up, Arizona. I found out quite a bit about you. I discovered that you have some very disturbing misconceptions about prison and the people who reside there. If I see that you are an L. R.: "Your background suggests a mid open-minded person, then there are some things I will share with you. western Norman Rockwell painting. What Somehow, somewhere, you have been led to believe that those in prison receive triggered your move to Arizona?" "help" for their problems. I will not tell you that there are no efforts to counsel C.P.: "I guess we were like many others. those who need it, but, that apart from a few well-intended (but severely under-funded) The family had been exposed to the attempts, counseling and programming are rare occurrences. We have come to realize CHUCK POOLE Arizona climate and environment during that if one is to "change" and develop acceptable norms and values, then we will have Administrator, Recreation Programs vacations -- and it stuck . We probably to do so on our own. There is just so much money in the prison budget, and what money decided to pull up stakes one day while is available goes straight into building more prisons. Big Bucks. struggling to get our car out of a snow- You see, many of us are redeemable. I cannot relate to you plainly enough the bank." frustration and pain a man goes through when he discovers within himself the need to Chuck Poole is charged with developing, L.R.: "What happened then?" change and cannot find the mentoring or counseling required to do so. It is not so coordinating, and monitoring athletic and C.P.: "I got lucky. I landed a job with rare that an individual comes upon this revelation in prison. The system fosters recreational programs throughout the a local (Phoenix) mental health agency. introspection. When the person in prison does come to this realization and finds that · Arizona prison system. Poole oversees Basic couseling led to my work in con there is no one who cares enough to help him, then the natural reflex is to say "to about 40 men and women, including unit necting leisure time therapy to the alco hell with it." Do you see here what has been lost? Do you see the lunacy of the sys recreational program officers. He re hol and drug abuse programs." tem? There are those who rise above this. Some seek assistance through private firms ports to J.C. Keeney, Assistant Director, L.R.: "Okay, so you settled in, and were or outside individuals who specialize in specific problem areas such as drug education Adult Institutions. working in your career field. A good of alcohol abuse. Sadly enough, this does not happen often. There are not many who Born in Akron, Ohio, Chuck Poole start in Arizona, then." have the skill or insight to follow this through , or lucky enough to find such people brings a richly diversified background C.P.: "Yes. And it got better. I later to help them . These are good men and women potentially . They just need a goal, a way to his job. Ear.Iy exposure to "helping went to work with ADC as a counselor and to correct their thinking and behavior. Instead of doing something about this, you people" came to Poole through his mother, recreational planner, spending more than have built them another new prison a shiny coffin in which to be buried and who worked in the Ohio State Hospital. three years -- Women's Prison, Durango, forgotten. Still in his teens, Poole took an inter ACW, all over -- and then former director I won't tell you that prisons are wrong. I know that there must be a place for est in the hospital 's concepts and pro Ellis McDougall offered me the post as those who endanger our lives and property. However, I live, work, and play with hun grams , and was soon helping out with var Recreation Program Administrator. That dreds of these men and I know that there are many of them that, if turned loose today, ious patient-focused activities. was in 1980." would live the rest of their lives quietly, usefully, and productively . In the late 1960 's, Poole's studies L.R.: "We are told that since then there There is one last point I would make to you. There is a point of diminished return at Kent S t a t e University were interrupted has been visible progress in this area. when you lock someone up for a prolonged period of time . What you are failing to by the Vietnam disaster. Following Evidently, there have also been many realize is that the vast majority of those in the Arizona system will walk the streets months of t raining, he served with the changes." again very soon. Your streets. They will be your neighbors, be a part of your PTSA Military and Security police at Fort C.P.: "Amen. But I like to think we group, pay taxes, and stand in line with you at the supermarket . Bitterness grows in Gordon , Georgia, and Fort Hood, Texas. have accomplished a great deal within the prison like a cancer , and the frustration that builds within these men and women always Subsequently, d uring his first week of framework we are given. Fiscal control finds an escape. Do you think prison disturbances are caused by an orange , or an argu d uty in Vietnam's Mekong Delta , Poole was and personnel development are crucial , ment over a can of soda? No . These things are just sparks to an over-accumulated tin wounded and returned to the United and much of our effort is devoted to derbox. The potentially dangerous thing about this situation is that they blame you for S tates . t he s e areas." PAGE 34 LA ROCA LA ROCA PAGE 23 their plight. Not for their criminal conviction, for the majority of people in prison accept full responsibility for their actions. They blame you for the mandatory senten until he passed out. Using a can opener to scrape away the cing laws that dictate exorbitant periods of incarceration. Arizona consistently hands Waking later, he noticed a golden hue cement around the frame which held the down 7 to 10 year sentences that most states punish by restitution or probation. They had brightened the dusty, litter-strewn bars, Mike whistled some mindless ditty blame you for the disparity in sentences and convictions. We have come to refer to it space. He went to yell down to Don while he worked. Mortar dust covered as "capital punishment": if you have the capital, you won't get punished. Some of us through the four-by-eight trap door set everything. The project kept his mind have seen monied people get away with murder . literally. Finally, they blame you within the metal cell door, then realized off the festering sores and bloody body for not recognizing their worth as human beings. They blame you for making them again that he was utterly alone. He fluids for eleven days. invisible. yelled anyway, screaming expletives and Yes, you are lucky to have me for a neighbor. I blame you for nothing. I just meaningless notes of angst. The echos want to pick up the pieces of my life and get on with the business of living. However, laughed in return, dying down to silence. On day thirty-seven, after shredding I can easily name a dozen of those behind the wire that are not so forgiving , and each Mike jumped to the window, finding the his knuckles and nails in the attempt, one of them are due for release this year. You cannot keep them any longer, they have fires in the sky were burning themselves Mike found that the frame housing the "paid their debt" and nothing can bar their release. They are angry. In fact , their out faster than he had expected. The bars was sloppily yet securely welded to anger fuels them completely. This is what our prison systems are breeding . . angry, dull , rotten orange light was fading a series of re-bar within the wall. He angry men . fast , the gibbous sun sinking towards the felt something akin to relief then; 1, smoke-layered horizon. briefly wondered why, and then fell to I wonder who their neighbors will be? ~-- Mike had begun to consider ending it his filthy mattress comatose. r,._ all with his sheet-rope as so many others Mike came awake to the clatter of had, but found his will to live rekindled rubble and the voices of men. He laid with the reappearance of the sun. Now there in a daze, nothing really register Lop-Sided/The Days and Ways of Abner Lop was the time to begin his escape. ing on his half-starved brain for a full After the sun had set , he could see minute. Then he jumped to the door and that the unearthly glow of the previous slammed open the trap. week was gone, leaving him in total dark "H ey! Hey, you guys! Over here!" ness. He tore a strip of the cheap At last, salvation. The miracle he I never -read. the. ~ Coming up in La Roca ~ --- state-issued towel, making a wick which had given up dreaming about. He would bu. l let in bocl\'cl.s , l i. he inserted into the neck of a bottle of go home. To his kids, his wife. He would La. Rot11.)o'C' noth,n * * Retro-sentencing baby oil. The mineral oil burned clean, eat real food, and heal up. He realized Who needs it ? the smell masking the more unpleasant he was laughing like a mad-man and 1990 -- and Beyond * * odors. The light danced and flickered clamped his hand over his mouth. * * Abner Talks with the ever-present draft from under They looked like farmers and military the door, making the images of his kids working together to keep peace in the The Picacho Project * * jump and weave in the five-by-seven cham aftermath of destruction. They looked ber. He held to the hope they were rela tired and sad, hefting their rifles with and much more. tively safe within the folds of the cool obvious pain. They looked like angels mountain forests, far from any military from God. They saw Mike waving and navi base. They probably thought him dead. He gated their way across the junk strewn hoped this was the case. Why else hadn't corridor. Mike wept and babbled, never they come to his rescue? His father was wondering what they might be doing at the the type to brave any situation where his prison. Looking for survivors, that's

FIRST PLACE/ FICTION - Chris Zetterlof - Central Unit SHELTER SKELTER

supplies Mike gave away would measurably shorten his friends life. Mike didn't e could see beyond the barred windows really mind -- he would be leaving soon. that the sky was the same ashen H Now, with Davis dead, Mike sat back burnt-orange, unchanged for two weeks to evaluate the situation for the ump SECOND PLACE/ GRAPHIC ARTS/DRAWING now. He finally accepted the fact that teenth time. It dawned on him that he all corrections personnel had died, been may be the only survivor in the building, evacuated, or fled home to their fami as he had not heard the lament of the dy lies. Some inmates had presumably escaped ing for a week or so. Nearly all the when the tremors struck, damaging several UNICORN windows in the building had been blown buildings, leveling others. Mike was in out, causing men to slowly die of the ra Cell Block 5. diation exposure or burns suffered in the Attacks on air bases to the northwest fire storm. Many had starved. Mike had and southeast left the prison in the cen buried his head in the bedding as ac ter of overlapping kill zones; yet it had quaintances asked, begged, then demanded remained free of any direct hits. Mike portions of his precious food supplies. guessed that Phoenix and Tucson were Demands had lasped into feeble curses nothing more than smoldering ash by now. as they weakened. Many had decided to Explosions had rocked the Earth for a take their own lives the second or third full eight hours. time their empty , poisoned guts had Waking at what passed as morning, retched forth blood and stomach lining. Michael Joseph Kohler went about his rou Mike counted his blessings. His win tine. Checking first out the window, dow had been one of the few to remain hoping that deadly glow had died. Peering miraculously intact; he had sodas to through the narrow glass in the cell door drink -- avoiding the tainted water hoping to find the National Guard, or and he had a plan, a goal. He would find anyone, coming to aid the survivors. With a way out, get to his family -- if they this done, he would call down the run to lived. He waited for the fumes in the his longtime friend and Pinochle partner, sky to slowly burn themselves out; for Don Davis. Davis had been pretty sick rad levels to drop. yesterday. Apparently his window had But he was not feeling too well him been cracked in the blasts, allowing the self lately. The nausea was getting poisoned air to enter his cell and lungs. pretty bad, making it easy to stretch his Mike had himself noticed the sores form shrinking food supply. He would need at ing on his body. When he called again least a weeks worth to make it home. That and Davis still did not answer, Mike felt was 150 miles north. Prescott. relief, then guilt, realizing he would The loss of Don Davis hit him pretty no longer have to share his stores with hard then. They had come down together the man. in '99, both for robbery. That was eight Mike had run a store from his cell, years ago. They had become Pinochle part supplying smokes and edibles at two for ners and discovered a rapport which made one and three for two. His enterprise them virtually unbeatable. Men needed had paid off nicely, and when the world someone to count on in prison, and they blew up that Friday morning, he found had been through a lot together, standing himself well-stocked, payday being Thurs back to back in two riots; running card days. Four days later, Mike had fashioned games, even at tempting an escape. The a rope from a sheet, attached some tuna, cell suddenly tightened around him, chips, and soda, and slid the chow down making it hard to breathe. Punishment the run four cells to Davis through the for his own idiocy was one thing, but now five -inch gap beneath his door. Davis all mankind would suffer. The stink in Gene Compton - North Unit - would never have asked, knowing that any the cell slapped him hard. Mike retched PAGE 36 LA ROCA LA ROCA PAGE 21 $1. 75 plus the regular first class have been adjustments made for postage. In East Unit, this is mailed disciplinaries. I have tried to induce the fr.ATE WIRE through our Property Room; it may be Department to publish a time comp policy, handled differently in other units. and I was told in writing years ago that LA ROCA is pleased to offer reprints of est and action, and, in general, provide they would. They haven't, as far as I have previously published Advocate articles information for incoming inmates and You should clearly label the front of your seen, possibly because the criminal code by Dave Mann. This service has been de those who have missed previous issues. mailing envelope, CERTIFIED, RETURN and mandatory sentencing is a nightmare. I veloped in response to a flood of redun Inmates may kite LA ROCA for copies. You RECEIPT REQUESTED. litigated the constitutional necessity of dant kites to Mann, which he no longer must order by page number(s) -- ordering such a policy all the way to the U. S. has time to answer properly and/or indi by subject creates over lap in time and This service is not available to indigent Supreme Court, and lost. I presently am vidually. The reprints will also assist materials. Order by page numbers only. inmates at state expense. considering bringing such a case in state inmates in their specific areas of inter- court, but have made no decision. I agree (o) In "Conflict Resolution," you with you that this is a major scandal. Index of Articles state (page 8) that A.R.S. 31-2O1.Ol(E) deals with all prison employees. This is Question: When a person is "Hanna incorrect. Administrative correctional priored," does that mean that he no longer Criminal Law Civil Law employees may be sued for common law tort is a first offender for purposes of in state court. restoration of civil rights, later? Drugs and disciplinary action 1-2 U. S. Supreme Court appeals 36-37, 63 Tha nk you for sharing your opinion. I do Response: I knew it would happen sooner or Arizona sentencing Federal standards for suing not a gree with it. Please read the statute later. OK, I'll admit it. Enhancement, priors, under 42 U. S. C. 1983 59 - 63 and the above questions and responses on Errrr ... ummm ... well, I guess I don't know aggravation, mitigation, this point. the answer! I cannot find any caselaw on soft-time (both types), "Liberty Interest" protected the subject and I can think of equally hard-time, flat-time, by 14th Amendment 64 Question: My time comp seems wrong .... interesting arguments on both sides of the dangerous, nondangerous, issue. Why did I print this, anyway??? sentencing chart 6-10 Lawyers may not be sued under Re s pons e: I wish I could help you, but I ~ ~ 11-14 42 u. s. c. 1983 37-38 do not understand time comps once there ii.. 18-20 Immunity: Judges and prosecutors ***************** BRIEFLY ... Arizona's drug laws may not be s ued for damages 37- 38 SPECIAL ALERT CELLBLOCK K-9 In prison and on the street 3-6 ***************** The recognized emotional bond between Suing public employees under people and their pets goes back to the Sex offenders, registration 64-65 42 u. s. c. 1983 39 In two r e c e nt cas es, I have discovered da wn of history. A Washington, D.C. that the Clerk of the Maricopa County veterinarian, Dr. Earl Strimple, is con Extradition, detainers, Interstate Breach of contract: Superior Court is getting extremely vinced that this bond can also be useful Agreement on Detainers 23-38, 63 promissory e s toppel 40-4 3 care less with filings. In one case, two in rehabilitating prison inmates. He was items were not filed into the record for convinced enough to set up a program at Court-appointed counsel Dismissal compared to summary weeks. One of them was the judgment, not a Virginia correctional facility involv Rule 32, federal habeas judgment: legal standards 46-50 fil e d for five weeks after it was stamped ing several inmates and a small battal corpus, appeals 34-36 " processed" by the Clerk; the other was a lion of stray cats scrounging around the Deliberate indifferenc e crucial r e ply which should have b e en yard. The work resulted in such a high U. S. Supreme Court appeals 36-37, 63 compared to negligence: considere d prior to the judgment. It was rate of success that it was recognized legal standards 56-58 not considered, because the Clerk did not by the esteemed Bustad Companion Animal Criminal complaints against file it for six weeks after it was Veterinarian Award, a national honor judges, prosecutors 63 received at the Court! In another case, a awarded for pioneering work in the similar thing occurred with a motion for Disciplinary concerns human/animal bond field. Anders Brief 37 leave to amend the complaint. The Clerk Strimple reasoned that inmates might Appealing to Superior Court 53-54 did not g ive it to the judge until weeks discover their own care-giving instincts Harmless Error Doctrine 45 after it was mailed, and the case had long through interaction with animals. The been dismissed. Obviously, both cases were program has been expanded with an inmate Undesignated felonies 55 severely compromised. AS LONG AS THE General training program for Animal Lab Techni MARICOPA COUNTY CLERK IS HANDLING PRISONER cians for those considering this career "Modification" of sentences Finding a good "jailhouse ACTIONS IN THIS MANNER, I STRONGLY URGE upon release. Virginia prison officials illegal in Arizona 14-16 lawyer" 31-3 3 YOU TO MAIL EVERYTHING TO THAT COURT endorse the program and claim a positive CERTIFIED MAIL, RETURN RECEIPT, [including effect of fewer disciplinary incidents Pardons, commutations 16 Legal assistant policy: legal? 33 the separately mailed copy to the judge, since the project was launched. which goes to the Clerk also] and to get Good time after waiving Inmate civil rights: history, very aggressive with this Clerk when your Okay, now. . Sit . No, sit mandatory release 14, 21-22 trends, current standards 59-63 filings are not properly handled. I am. PAGE 37 PAGE 20 LA ROCA LA ROCA

So far, I do not know of anybody who has With respect to common law torts such as ~ome · up with anothe~ · type of case negligence, A.R .S. 31- 201.01 ( amended by requiring free filing iri state court . Most l aws of 1987) provides a special Jackie Addelman congratulated by D,W. Larry Hughes. Inmate Coordinators Sharon Ke l ley, Jacque Ei kenberry, of the attempts fall f l at when it is found requirement pertai ning to t he Department Sandra Sims, Debra Ru ben, and Karo le Lam bert. A lot of work, but st i ll ••• a pi ece of cake . that the action also could have been filed of Corr ections . Section E : " Any and a l l in federal cpurt, where free filing is causes of act i on wh i ch may ari se out of common . tort cau sed by the director, prison officers or employees of the depart ment, There is one type of case which might FIRST PLACE/ CARTOON within the scope of their legal duty, SOBRI ETY TEST qualify : conflict of state laws . Let us shall run only against the state ." If you say that as a prisoner, you are subjected wi sh to sue employees of the Department of 2 to conflicting state laws . A federal court 1 Correcti ons for common law tort in the is without the authority to interpret I HAVUI/T m state courts, you must name as defendant, ® B££N l)/UNKIN6, state law . If you were indigent, and the onl y the Stat e of Ar i z ona. There is an / laws were so important that they interesting problem here : does the suit implicated a fundamental state right, "run against the state" if the defendant could you force free filing? I think so . SHHH - / is the "Arizona Department of Corrections" ( ONC f/,J TR ATE. [I tried this, and the special action was rather than " The State of Arizona?" I indeed filed free even without my believe that it does, but to be safe, it requesting it, but the court refused to might be better to n3.me only "The State of further entertain the action and Arizona" . This also reduces the number of dismissed, leaving the matter undecided . ] summonses and services that you need to complete. Ok, you litigious litigators! Let's get on it ! If you're clever, you already see the With respect to the civil rights claims, problems between A.R.S. 12-302 and 306. there has been much caselaw that 42 U. S . C. What are you doing about it? (I do not §1983 allows for suits to lie against have standing to challenge the conflict.) "persons" only. Read the statute. It does 3 4 SOON, MIC />OOTNER,500N. indeed contain this language. There has JUST A COUPLE MORE TE.515. (i) My j udge recent ly ruled that I been some conflict among the circuits about whether "person" includes the - state, MOT ./VST YET. c ould no t s ue prison employees in state PLEASE BE PAT I ENT . court f or pun i t i v e damages f or c ommon law and about whether subdivisions other than ) tort. state government (cities, counties, etc . ) are "persons" within the meaning of the BUT iv£ BEEN PATIENT f Didn ' t you read page 12 of "Conflict statute. The latter question was answered z'vt DONE fVl/1. Y1HiMG in Monell, cited above . The U. S. Supreme You'11E ToLC> "1E ,o. Resolution?" UIHAT /)0 you UIANi Court ruled that governmental units other FR.OM Mt. ANYWAY? than those of a state are " persons" for PLEASE, WHEN CAN ( j ) I rec en tly s ued the St ate of I LEAVE I §1983 purposes. In a r~nt case, the (_ Arizona and var i ous correctional employees in s uperior court f or both common law tort Supreme Court resolved the other issue : a ( negligence) and civil rights v iolat i ons. state and its agencies are not "persons" Wi th respect t o the c ommon l aw t or t s, the for §1983 purposes, even when the case is court dismiss ed the indiv idual filed in a state court . See Will v. Mike Ring cor r ectiona l empl oyees but left the Michigan, cited above. Applying these - Central Unit - c laims intac t against the State of concepts, we can analyze the questions Arizona. With respect to the civil rights posed by the above inmate. PAGE 18 LA ROCA LA ROCA PAGE 39 the payment of filing fees is an effective various parts of the state, this confusion .~.. ;.. ~~~•,r:~ way to bar such filings. has been resolved. The meaning of this (;» provision is that the suit in state court (g) I am confused about who I can sue for common law tort can name only the Inmates not having immediate access and who I cannot sue, in state and federal State; it may not name individual to church service schedules and general courts. Can you clarify this? employees. information are encouraged to kite the Up to a point. But you must try to Religion Department at Florence Complex understand the reasoning so that you can That provision would not, however, apply administration for their schedule of work out new problems on your own. The to suits in state court under the federal activities. Eleventh Amendment to the United States civil rights statute, which requires the Constitution has been interpreted to mean naming of individual defendants not the that one may not sue a state or any state state or its agencies. agency in a federal court, by name, for CRAFTS FOR KIDS Late information indicates that there damages. (One may, in a proper case, sue I will leave you with a homework question: has been much confusion around the yards for other relief, however, such as a court when may a federal court sit in a case The Women's Prison is coordinating in connection with recent Visitation order requiring something. But there must involving only common law tort? What rules a Christmas drive for the kids at shel changes and amendments. Inmates are be a federal statute which gives the then apply to the case? Even if Arizona ters for abused women. The drive also encouraged to check out current policies federal court jurisdiction over the law permits the naming of the State as a includes gifts for kids at shelters for thoroughly and avoid the hassles. matter.) defendant in state court, can the State be abused children, and for the children of named as a defendant in a federal court incarcerated parents. The goal is 200 One may not, therefore, file a civil suit for common law tort? toys by Christmas. This is an approved rights complaint for money damages under program which requires yarn, cloth, hand Word reaching LA ROCA indicates that 42 u. S. C. §1983 in federal court and (h) The Superior Court refused to crafted toys and similar materials suit Western Payphones, the telephone monitor name as a defendant, The State of Arizona allow me to file my suit free; the Court able for children, particularly boys in ing contractor, is, indeed, charging more or the Arizona Department of Corrections. of Appeals dismissed my appeal because I the 7-13 age range. Contributions to for customary toll calls than the Depart The exception would be where the State could not pay their filing fee. What about this praiseworthy effort should be sent ment's previous vendor. In one instance, gives permission to be named in such a my "right of access to the courts?" Don't to the Women's Prison, c/o Lt. Bahme, "before and after" calls, identical, were manner, which does occur occasionally. these actions deny that right to me? Staff Sponsor. examined -- revealing an increase of 2 60 %• Should this be happening to your Arizona is one of the state which allows First, we must determine if you have such ACI LITIGATION family, send complete documentation and the filing of civil rights complaints in a right. The fact is that you have copies of before and after bills to Mr. its state courts. But keep in mind that incorrectly stated this riGht. There is no LA ROCA recently received a letter Mike Cowren, Purchasing Department, that does not mean that you can name the general right of access to American from Michael St. George, the Tempe attor Arizona Department of Corrections, 160 l State or a state agency as a defendant courts, and there never has been. This is, ney litigating the ARCOR/ACI minimum wage West Jefferson, Phoenix, AZ 85007. just because it is in state court. See therefore, a fantasy. dispute. This letter provides a compre Will v. Michigan Dept. of State Police, The Supreme Court has stated that there is hensive status report, as well as a real 109 S. Ct. 2304 (June 15, 1989). a right of access to the courts to istic prognosis for pending motions and LIVING FREE is great preparation for challenge criminal convictions and bring related activities. Inmates interested living free. Check into this program if The rule in civil rights complaints is actions implicating fundamental rights. In in this litigation can kite LA ROCA, you are within a year of release. that you must name persons only. An the latter category is included civil North Unit, for a copy of this update. individual is a person. So is a city or a rights suits challenging unconstitutional county. See Monell v. New York City Dept. acts by public employees, violations of GET THE FACTS of Social Services, 98 s. Ct. 2018. federal statutes, and certain domestic LA ROCA welcomes Kenneth Ashelman to relations matters such as divorce. For AIDS Program If you are suing for some wrong (tort) such matters, one must be allowed to 1600 Clifton Rd., N.E. the staff as reporter for Central Unit. other than under the civil rights proceed fee if an indigent. Atlanta, GA 30333 Contributors, those who want to be heard, statutes, in general only state courts check in with Ken. Expanded coverage of have jurisdiction over the claim. In The copy of your complaint you sent me Central Unit activities and news is Arizona, the legislature has given reveals that you are suing for negligence. AIDS Information forthcoming. permission for the public agencies to be Negligence is a common law tort not The National Prison Project sued in state court for such claims as arising to the importance of the above 1616 P Street, NW negligence, etc. The rules are very listed claims. There is, therefore, no Washington, DC 20036 strict, however. federal constitutional right of access to TURNING AROUND In "Conflict Resolution"[page 8], I the courts for this kind of claim. La Roca's get-ready guide to support indicated that there was some confusion Tucson Aids Project and transitional services, is now avail about A.R.S. 31-201.0l(E), which states The federal courts generally have not 151 S. Tucson Blvd. able to all inmates without charge. Kite suits involving employees of the required the state courts to allow free Suite 252 LA ROCA, North Unit, for your copy. Department of Corrections must "lie filing except for divorces/domestic Tucson, AZ 85716 against the Department of Corrections." In relations situations. In fact, you may Hotline: (602) 326-AIDS separate suits brought by three inmates in wish to find and read the leading case, PAGE 40 LA ROCA LA ROCA PAGE 17 are brought in Division One. The Creasy jailhouse lawyers enjoy the wrangling -- decision is not binding upon such actions, I prefer to get to the real issue of a because Division Two has no jurisdiction case, don't you? over Division One. It is, however, Faith persuasive precedent. The superior courts (c) When I am making out the Summons The customary basis for feelings such of Division One are free to adopt the for a suit against a state agency, must I 'I'he Sins You Committed as these are doubts that the Father will Creasy reasoning or not. [Maricopa County put the name of the person who is to be Before You Were Saved overlook all the wicked and sometimes Superior Court is in Division One, which served on behalf of the agency, even if evil things the person has done before is where actions against the State are that person is not a defendant? Many people, when they come into a they were saved. They remember the sins brought.] The Arizona Supreme Court did saving relationship with the Lord Jesus, and somehow feel that God the Father will not accept the case for review, thereby Yes. In general, you should put the name experience a great sense of a great remember them as well. leaving the matter open. Denying review of the chief executive officer of the weight taken off them. They experience Each of us can be helped in these does not mean the high court agrees with agency and serve him. If you omit the name a lightness and liberation which is new feelings if we remember that we are the reasoning; there can be many reasons of the person to be personally served on in their lives and everyone who knows redeemed only by the Blood of the Cross. for denying review. behalf of the agency, your summons would them notices the change. That when, on our Judgment day, we stand be defective and service would be Usually, everything goes well for a before the Lord and, even then, when we In an effort to resolve this, I wrote to unsuccessful. You must do this even though week or two and then the newly-saved per are remembering our sins of the past, Chief Presiding Judge Dann in Maricopa the person you put into the summons is not son starts to have a gnawing feeling in that God shall look at the entry next to County to determine if his courts would named as a defendant in the complaint. For his gut that the other shoe is going to our name in the Lamb's Book of Life and adopt Creasy as a matter of policy. To example, your summons should say something fall. He feels a strange sense of incom smile. He'll say, "Friend, I see no date, there has been no response. like this: pleteness and he fears that his new sense transgressions next to your name; they To: The Arizona Department of XXXX, of liberation will fly away like smoke have been covered by a big red stain from Until an issue of law is settled, I always by service upon Mr. YYYY on a windy day. He feels somewhat fear the Blood of Another. Come in and claim recommend the more cautious course of ful, and a mounting sense of isolation your inheritance." action. If your claim accrues in an area (d) I wish to appeal my disciplinary, from his newly-found brothers and sisters which would require you to file your suit but to do so, I need the names of in Christ. - Father Frank Hawkins in a court which is a member of Division witnesses, etc., which I would call in the One, I continue to recommend using a superior court appeal discussed in The Two Of Us THE NIGHT JESUS CAME process server for the Notice of Claim. I "Conflict Resolution." How can I get those do. But if you simply cannot afford a names and addresses? I realized one night On the night Jesus came, as I lay in process server and you don't mind taking a As I laid in my cell Study the sample complaint in that part of my bed, there was nothing but trouble chance, use Certified Mail. It's better That all my life "Conflict Resolution." You will see that going around in my head / My mind it was than nothing. Who knows? Maybe your case I'd been living in hell. you can demand that the defendant(s) tired, and my body was sore, It was the will be the one which causes Creasy to be same night that Jesus had opened my door provide various information in their adopted officially in Division One! answer to the suit. / He came to my bedroom and he slowly There was no one Who could take my fall walked in, said "I've something to show (b) In one of my cases, the attorney Until I read my Bible (e) Can I call witnesses in my court you," It was God's book of sin / I said general pointed out that the Notice of And then I saw it all. appeal of a disciplinary? I was honored, but why'd you pick me? And Claim is governed by all of the following: he said just be quiet and soon you will A.R.S. 12-821; Rule 4 of Civil Procedure; Yes, but only if you demand a trial de see / With my heart running wild I just I read where He could help me and Arizona Administrative Code R2-10-103. novo. Study the sample complaint in couldn't wait, and the next thing I knew If I would only ask Exactly what am I supposed to do? "Conflict Resolution" very carefully. I was at heavens gate / There were hun And all my sins He would forgive dreds of people and they stood in a line, All I had in my past. As noted below, if you are asserting a claim against the state or one of its (f) If I file my complaint seeking an He called all their names and they slowly appeal of my disciplinary in Maricopa went in, I knew all at once, I was bur I saw all the love He had for me agencies, you are not permitted to assert County, must I pay the filing fee? How dened with sin/ Then He showed me His But, I didn't know how to pray that claim against any individual employee of the Department of Corrections. Taking about if I file in Pima County? book with the names he'd called out, and But on my knees, beside my bed all of this confusion and jumbling He showed me my name, but my name was He gave me the words to say. together means: you may serve your Notice Maricopa County is allowing deferral of crossed out / He said lists often change of Claim against the Arizona Department of filings fees. As I understand it, the and Heaven can wait, but be sure I was The tears were running down my face Corrections by transmitting it to the other Arizona courts are not. There has ready when I reached Heaven's gate/ Then And all down my chest Department of Corrections; Risk Management been much confusion about the la,,s Jesus smiled, and goodbye He said, then The love I felt, and all the words I said Services; or the Attorney General. governing deferrals and waivers of fees the next thing I knew I was back in my I know I did my best. and costs. I am aware that there is bed/ On that night Jesus came and saved My recommendation: serve your Notice of various litigation going on about it right me from sin, I was closer to Heaven than I know I took the gift He had Claim upon the Department of Corrections now. We'll have to wait for the results, I'd ever been / So when Jesus comes to With lots of love and care by presentation to the Director. Let the for full clarification about how the take me away, I pray that I'm ready on And now there's two within this cell Department forward it on to the proper courts are going to handle all this. The that judgment day. As we join our hands in prayer. persons for evaluation and response. bottom line is that the courts and the Otherwise, you may involve yourself in legislators do not want lots of inmate - Eddie E. Boyd - c. W. Moore SMU CB-6 endless wrangling over nonsense. Some litigation in the state courts; forcing PAGE 16 LA ROCA LA ROCA PAGE 41

TENNIS vs EAST UNIT: ties of Les Smith. Conn (EU) over January (SU) 6 - 2 August Tournament with North Unit: Splonick (EU) over Grip (SU) 6 - 0 PLAYER WINS LOSES STALEMATE Red (EU) over Tree (SU) 6 - 4 ------Fowler (SU) 8 1 0 In Exhibition: Januar~ (SU) defeated the minimally qualified ones allowed by one proposed requires that a person is to Wright (SU) 8 1 0 Conn (EU) 6 - 3. current policy) . The training shall be considered indigent based upon a dollar Williams (SU) 7 1 1 consist of at least 60 hours of classroom amount which is triple the actual inmate FAST-PITCH STANDINGS at Press Time: Caupachino (SU) 4 4 0 work; 40 hours shall be devoted to the store prices of the minimal hygiene 1st) Diamond Backs Smith (NU) 3 5 0 fundamentals of research and writing; 20 supplies. The calculations are to be 2nd) Aztecas McNeill (NU) 2 6 0 hours are to be devoted to civil rights honest ones, based upon actual 14-day 3rd) Raiders Gay (NU) 2 6 0 law pertaining to prisons and their payday schedules; they are not to be 4th) Certiorari Paris (NU) 2 8 0 policies (including disciplinary), general distorted in months where there are three PING-PONG vs S.P.U. vs S.P.U. & N.U. tort theory and liability; direct criminal paydays. Determination of indigency shall 1st ) Jefferson (SU) Woods (NU) Something new and different out of South Unit: "LAWN SURFING." Objective; appeals; habeas corpus law including take no longer than 48 hours from 2nd) Pope (SU) Jefferson (SU) the distance one can stand on an oval collateral attacks on convictions, as well application, and the notice of approved 3rd) Shallow (SPU) Skinner (NU) shaped board while skimming on shallow as the sets of rules governing the courts. indigent status shall reach those 4th) Tex (SU) Carbajal (NU) water without falling off. August compe Persons desiring to enroll in the program responsible for releasing supplies within TRACK MEET RESULTS tition at South Unit resulted in Matt will be required to have a G.E . D. or high 24 hours of approval. SOFTBALL THROW SHOT PUT taking First Place, Pat Molina, Second , school diploma, or to have been working as After the entry of this order, the 1st) Matt 1st) Wilson 37 ' and Dave,Third Place. "legal assistants" under the old policy. attorneys for the plaintiffs contacted certain legal assistants in prison, to 2nd) Gantt 2nd) Wi l liams 36 I 2 n The defendant will be required to 3rd) Rob 3rd) Dogg 32' NORTH UNIT -- supply expert teachers, who will be solicit our opinions. I am sure that suggested by the plaintiff. others made as many or more suggestions as LONG JUMP MILE RUN JULY 4th HAPPENINGS : In HORSESHOE play; The legal assistants will be required I made during our extensive meeting. Being 1st) Rob _18 I 9 n 1st) Batitis 5:58 Durham & Biscoe took First Place, followed to go through the course every year, to a schoolteacher, I felt that a reading 2nd) Ga ntt 17 I 7 n 2nd) Davis 6: 4 6 by Compton & Lopez. Third was taken by remain eligible to give legal help. After test should be given to those wishing to 17 I 6 n 3rd) Gator 7: 41 Alverez & Simental. THREE ON THREE 3rd) Jones enroll in the legal assistant training BASKETBALL was dominated by Devine, his first passage through the class, he 440 DASH 100 DASH program. I still believe that this is the McNeill and Skinner. must submit his pleadings done for other 1st) Theo :58.0 1st) Gator : 10. 5 prisoners to evaluation and critiquing by largest single problem that the program 2nd) Jones :59.0 2nd) Theo : 10. 8 Also in July: The PINOCHL E TOURNAMENT the independent instructor. In addition, will face, and learning good reading 3rd) Gator 1:02.0 3rd) Gantt : 11. 0 resulted in a First Place finish by the the legal assistants will be allowed to skills is not the function of the training team of Haas & Defreze. Coming in Second BENCH PRESS TRYOUTS use the law library time that would be regimen. Such skills should be learned were Dockery & Lusk, with Third Place belonged to their "clients," within elsewhere, before entering the program. 250 lb. 300 lb. 350 lb. 4 00 lb. taken by Morrow & McMannis . In DOMINOES; reason . They also will be entitled to The plaintiffs and the defendants Skipman Hunt Williams Lobos 1st, 2nd , and 3rd were placed by Watkins, claim the supplies that would have been have been meeting for the purpose of Kingston Mariscal , and Echerival respectively. given to the clients. making suggestions to Judge Muecke about Hunt In August, good card sense was demonstra In short, the legal assistant will the final form of the court's order. To HORSESHOE TOURNAMENT vs S.P.U. ted in a couple of tournaments; the ACEY act as an agent of his client. date, I do not know the results. 1st) Shine & Morgan (SU) DEUCEY competition 's top spot went to For the first time, law library And by the way, the Court has ordered 2nd) Abel & Draper (SU) Washington , with runner-up going to B. clerks are also required to be trained: that this entire experiment be monitored 3rd) Rodriquez & Infante (SPU) Skinner. Later came PINOCHLE's best, in they must take the same program as the by a special master who will issue reports 4th) Gardner & Jenkins (SU) the form of Horton & Amy's First Place legal assistants. The current policy to the Court, and who will solicit and HORSESHOE TOURNAMENT vs S.P.U. & N.U. finish. Second went to Haas & Moore, with forbidding law library clerks from helping receive direct communications from inmates 1st) Biscoe & Durham (NU) Third awarded to Palmer & Kopenhaver. inmates with their legal work is struck and shall have access to all grievances down; the clerks may assist with research related to court access and the program 2nd) Compton & Kennoye (NU) The VOLLEYBALL TEAM STANDINGS at Press problems. put into place. 3rd) Cleo & Roger (SU) Time were: 1st) Team #2 4 and 0 Other features of this important It will be most interesting to see In other HORSESHOE PLAY vs Picacho, N.U., 2nd) Team #3 1 and 1 preliminary order are omitted for brevity. how this all turns out. and S.P.U.: the South's Morgan & Shine 3rd) Team #1 0 and 2 In addition to all of the above, the took 1st Place, with 2nd and 3rd Places 4th) Team #4 0 and 2 Court has demanded that the defendant going to the North's Simental & Amezcua, Also in August: The HORSESHOE TOURNAMENT provide more law library time for inmates, I have received a lot of mail from and Durham & Amezcua teams respectively. OF CHAMPIONS. Results: Singles; Durham, with each turnout. The Court has ordered inmates asking how their access to the PINOCHLE PLAY ended with a tie for First King, and Compton were 1st, 2nd, and 3rd at least 2\ hours of actual law library courts will be improved. Some of them are Place; the teams of Verdugo & Hatcher and respectively. Doubles; 1st) Amezucua & usage per turnout, not to be reduced by from the new women's unit at Florence, and White & Jones splitting the honors. Second Lopez. 2nd) Durham & Keyonnie. 3rd) travel time, etc. complain of virtually total lack of access Place went to the team of Matt & Ted. Rason & Teill. The Court has ordered that the to legal materials. CHESS COMPETITION vs North Unit ended with Following a July 31st Championship Game indigency standard be a flexible one. The Taken together, Koch and Gluth the Southers nine games to the Norths one. where the Wrecking Crew rolled over The Shogun Williams fell to the superior tac- Terminators, 21 - 1 (with a grand slam by PAGE 12 LA ROCA LA ROCA PAGE 45 Pittsburgh Johnson) the Softball Standings talent and hard work, the judges gave the were: nod to the following winners: 1st) Wrecking Crew with 3 and l 2nd) Terminators with 4 and 2 FIRST PLACE - Razor Wire II (South Unit) outlining reasonable methods of ensuring 3rd) Underdogs with land 5 Warren - Lead guitar & vocals meaningful access to the law library or to (1) Inmates denied physical access to 4th) Hang'em High with 2 and 2 Bryant - Bass Molina - Drums trained legal assistants for inmates the law library are denied meaningful LADDER STANDINGS at Press Time: incarcerated at the Complex Detention access to the courts because such inmates HANDBALL TENNIS Unit. Plaintiff shall respond with are not provided help from persons trained SECOND PLACE - Black Rose (South Unit) 1st) Mariscal & Dockery 1st) Washington comments, if any, no later than September in the law. Gant & Mobley Lead vocals 2nd) Gomez & Luz 2nd) Marquez 28, 1989. (2) Inmates who are allowed physical Bryant Lead guitar 3rd) DeLuna & Sosa 3rd) Carbajal IT IS ORDERED THAT defendant's Motion access are denied adequate access: (a) Reeves Organ for Summary Judgment on the issue of there are unreasonable restrictions; (b) RACQUETBALL: Molina Drums unwarranted strip and body cavity searches insufficient time is allowed; (3) there is SINGLES DOUBLES Record Bass is DENIED. inadequate notice of library turnouts; (4) 1st) Peterson 1st) Eisenecher & Arnold Davis Back-up vocals IT IS FURTHER ORDERED THAT inmates are arbitrarily removed from the 2nd) Arnold 2nd) Smith & Smiley Matlock Percussion plaintiff's Motion for Summary Judgment law library. 3rd) Eisenecher 3rd) Skinner & McNeill on this issue is GRANTED as to liability. (3) The indigency policy is so THIRD PLACE - Convictions (North Unit) [A hearing on damages will be held at BATTLE OF THE BANDS restrictive that it forces inmates to Thompson Lead/rhythm guitar a later date.] choose between doing their legal work and Great sounds, good music, and a lot of Price Drums /ss/ Richard M. Bilby purchasing "essential hygienic supplies." foot-tapping flooded over East Unit on Landrum Saxophone U. S. District Judge As in Koch, the defendants were July 15th as East Unit hosted the annual Brown Bass unable to dispute the material facts. Florence Comp lex Battle of the Bands. In Newman Keyboards Once again, I emphasize that this The terms of a proposed injunction a tight competition demonstrating real decision is not final, and it could be designed to cure these problems have been • ;II' subject to modification at various points. in serious dispute since the judgment was ,' ~ :.. ~\·...... 1. .• 'i- '.! ' /,t: -~,rt .. J r. It should, however, provide serious entered a year ago. The parties made their ,., .;.. , . . ' . . \ guidance to any others who might have been filings on this subject, and on April 14, -.., . 'f" . < damaged by these customs and practices. 1989, Judge Muecke filed a major 40 page " .{, ...... - \ ~ ~ As an aside, the defendants have memorandum and order in the case. • ,f' . 1 ~ " .. filed a motion to reconsider in which they Muecke has reminded the parties that if~,~~ · allege that they now have changed t r ~ type he does not wish to exercise his powers to r . ( "--·\. 1·· of chains to be less restrictive, and that force an agreement, but at the same time, "-l V therefore this suit is moot. We have he expects that the agreement which < ,\. argued that the defendants have made no finally is reached will have certain '\. policy changes which prevent the minimal features. The proposed features defendants from going back to the old are fascinating, because they represent a chains; besides, the chains were only part major move in court access law. [For that of the reason the Court granted summary reason, I also believe that they will be judgment for Koch. The entire "access to appealed all the way to the u. s. Supreme the courts program" at CDU has been Court, where I fear for some of the more declared unconstitutional ... not just the imaginative features.] RAZOR WIRE II / South Unit BLACK ROSE/ South Unit chains. Muecke has indicated that he would consider the following acceptable, and the 1 parties have been ordered to suggest ~~ Gluth v. Arizona Dept. of Corrections modifications: This is a class action, and the Inmates who do not have direct access ~.. Department of Corrections was substituted to the law library will be provided access as the defendant [originally Gluth v. to persons trained in the law. It is Kangas, et al.]. interesting to note that the Court -. In August, 1988, the Hon. c. A. includes not only those in lockup in this Muecke entered judgment for the category; the Court also includes those plaintiffs. Arising out of Central Unit who cannot benefit from the use of a law operations, the suit claimed that access library, such as those who are not fluent to the courts was denied in more subtle in English, do not read, etc. ways than occurred in Koch, above. In order to meet this obligation, Judge Muecke ruled for the plaintiffs defendant will establish a program which on all three counts of the complaint: trains legal assistants (real ones ... not -- CONVICTIONS/ North Unit JAZZEZ / East Unit PAGE 46 LA ROCA LA ROCA PAGE 11

SECOND PLACE/ NON-FICTION

' ~ Yoit c;(oH'f have fo ,10 fc puXGE~ NN~ 1-o ✓ e-f- ,:I ,,,.. WOf'/£ /(~I PAGE 8 LA ROCA LA ROCA PAGE 49

(GALLERY Fires in Dark Places... HAPPENINGS PICACHO

AWARD OF MERIT/ NON-FICTION [ Letters to the Editor ] I Brook After Rain

* Survey Location: LA ROCA office Get after it, brother. July/August 1989 ADMINISTRATION 'tt~_flPS8 VOL. 16 ISSUE 1 Honorable Rose Mofford Governor Line-Up Samuel A. Lewis Editorial ...... 1 Di rector of Corre ctions J.C. Keeney Letters to the Editor ...... 2 Assistant Direct or Bob Goldsmith PRIME TIME / A Harvest of Empty Men Warden - Central Region Sydney Crow ••••••••• •• •• • •••••••• • •••••••••• 3 Douglas Hackett LA ROCA Advisor •wRITES OF SPRING" WINNERS ...... 6