Working to end drug war injustice!

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SPOKANE, WA

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PERMIT NO. 91 NO. PERMIT

Vol. 12 No. 2 Razor Wire Autumn 2009

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The House Judiciary Committee holds a hearing to markup HR 3245, a bill to end the 23 year-old disparity between crack and powder cocaine

(509) 684-1550 • www.november.org 282 West Astor • Colville, WA 99114 Astor • Colville, WA 282 West sentencing, on Wednesday, July 29, 2009 in Room 2141 of the Rayburn Bldg. on Capitol Hill in Washington. The sponsor of HR 3245 is Rep.

he November Coalition was founded in 1997 as a non-profit, grassroots non-profit, a as 1997 in founded was Coalition November he organization with a mission to raise awareness in individuals and communities about the spiraling increase in numbers of imprisoned in Robert C."Bobby" Scott of Virginia, pictured directly above, center. (Lauren Victoria Burke/WDCPIX.COM)

What is The November Coalition?

November Coalition Foundation

We We arouse and activate fellow taxpayers about existing and impending

Coalition members and supporters are convinced that the W

Visit us on the web at Visit PAGE 24 www.november.org November Coalition - The Razor Wire November Coalition - The Razor Wire www.november.org PAGE 1

the United States due to drug-law enforcement.

dangers of an overly powerful federal government acting beyond constitutional beyond acting government federal powerful overly an of dangers constraints. We counsel victims of this peculiar ‘war peculiar this of victims counsel We constraints. participants, and warn our fellow citizens of the steady erosion of civil liberties, civil of erosion steady the of citizens fellow our warn and participants, human rights and personal freedoms allowed by federal and state authorities.

does nothing but stimulate an ever more profitable and violent underground economy. The intent of any law should create a safer country and safer world, economy. not one more costly and less free. A MESSAGE FROM THE DIRECTOR Upcoming February 25 & 26, 2010, Orlando, FL. The 2nd Annual Prisoner's Family Conference. For How to Communicate with Events more info, go to www.solutionsforelpaso.org and The November Coalition click on The Prisoner's Family Conference. • Letters: We receive lots of mail. Rest assured that we read every one of them, By Nora Callahan October 1 - 2, 2009, Melbourne, VIC, April 25 - 29, 2010, Liverpool, England, UK. but we simply don’t have the time or staff Australia. The Australian Drugs Conference - to actually respond to more than a few. International Harm Reduction Association Drugs in Hard Times, at the RACV Club, 501 • Legal cases: We cannot offer you Conference. For more info, see www.ihra.net/ legal representation or advice. Please do Bourke Street, Melbourne, VIC, Australia. For “The disintegration of this system, day by migrant population serving them at an with the declaration of a ‘drug war’ came brutal Liverpool/Home not send us your legal work unless day and year by year, and the movement toward international crossroads is Arizona. drug war laws. They are still on the books, and more info, contact specifically requested. [email protected] or • Prisoner profiles (The WALL): mass incarceration, with very little attention Imprisonment has become too expensive to a slew of constitutional protections have been June 22 - 26, 2010, Detroit, MI. US Social see www.australiandrugsconference.org.au Please continue to submit your stories, but being paid to clear standards of prison manage, so its state legislators are thinking of swept aside. People and cherished principles Forum II: Another World Is Possible! Another US if at all possible, send pictures with them, administration or meaningful avenues of re- selling off Arizona’s public prisons to private must be restored before our ‘faith in is Necessary! At Cobo Hall and Hart Plaza in preferably of a prison visit with your loved October 3, 2009, Colville, WA. November entry for those who have served their time, is corporations. You’d think the people of the land governance’ returns. downtown Detroit. For more info, see ones. Stories should be concise, factual, Coalition Benefit, Featuring The Planetary and include personal background such as dramatically affecting millions of lives, draining of the free could do better than create prisons We hope we’ve succeeded in teaching our www.ussf2010.org Refugees. Special Guests: Aaron Dixon of Harder age, family status etc. Although The billions of dollars from our economy, destroying for profit. members, and people who’ll read this issue of November Coalition staff endeavors to notions of neighborhood and family in hundreds We need to cut the ribbon of Senator James the Razor Wire, more about the injustices of House, Seattle, Attorney Douglas Hiatt, Seattle verify the accuracy of WALL stories, written of communities across the country, and — most Webb’s Blue Ribbon Commission, proposed in the drug war and what should replace it. Find activist Monte Levine, Ben Livingston of Cannabis by the prisoners themselves, we assume no responsibility for their content. importantly — it is not making our country a S. 714, and let the talk in the halls of Congress new quotes by leaders of note, and share them Defense Coalition, Dale Rogers of Compassion In Action. 7:00 PM at Our House, 282 West Astor, Credentialed media can be provided with safer or fairer place.” — Senator James Webb flow to our streets and back again. People in when writing other leaders, or in letters to the Attention Prisoners documentation and family contacts if they (D-Va), June 11, 2009 diverse communities are fuming, and easily editor, your blogging posts, and in the salutation Colville, WA. For more info, contact 509-684-1550 wish to research a story. To do so, please making connects between over-policing, under- of your correspondence entire. Enclose them or [email protected] 1) Some states and the federal prison contact [email protected]. • Articles for Razor Wire & Internet: “Too much time has passed, too many policing, selective enforcement and racial with your bills, if you still pay with a check, the system are now allowing limited email access October 23 - 25, 2009, Vancouver, BC, to prisoners. As November staff understands it, Editorials should be no more than 800 people have been treated in a disparate applications — all under the guise of a drug old fashioned way — and have the money to words; articles no more than 1,200 words. manner, and too many of our citizens have war. People I’ve met while traveling need a pay them. Remember also, after you’ve paid Canada. Blueprints for Beyond Prohibition: email “aliases” are not allowed by most of the Submitted items should be typed & double inmate email systems. Many of the email come to have doubts about our criminal justice commission to direct their anger, hear their your bills, and you’ve some left over — to Dialogue on the New Drug Policy, hosted by Simon spaced, or neatly printed by hand if you system.” — Eric Holder, United States Attorney ideas, and illuminate successful social projects Fraser University and the University of British addresses you’ll find on our website and in The don’t have access to a typewriter. Please contribute to a good cause, the November limit the use of bold, italics, underline, or General, June 24, 2009 in their neighborhoods. The idea that bad laws Columbia, presented by Canadian Students for Razor Wire (such as “[email protected]”) Coalition. are actually aliases provided to us by the server other special formatting. can create more crimes than the violations they Sensible Drug Policy. For more info, contact Ashley • Artwork: We need your cartoons and As the gap grows between what leaders call that hosts our website, and as such, will probably ust about everything I usually say in a intended to halt is not lost on community our ideals and what we actually do to people White at [email protected] or see www.cssdp.org sketches, please! Let your creativity and not work. imagination run wild. “Director’s Message” has already been workers who toil in public housing, jobs creation, — that widening gap creates conditions wherein If you wish to communicate with Nora October 26 - 27, 2009, San Francisco, CA. • Donations: We will gladly accept said by a noteworthy federal leader, and and sustainable community development. The a prairie fire of change can sweep in and Callahan directly via email, use the following postage stamps from prisoners and others, Pathways to Change: Issues, Challenges and within the last few months. We’ve reprinted as list grows long, those people of conscience who overwhelm the crazy don’t-wait-for-hell-to- email address: [email protected] as well as monetary donations. Strategies: 10th Annual Centerforce Inside/Out many remarks and commentary that we could work not as public officials, but always beside torture crowd. Common sense has a way of We look forward to hearing from you. squeeze into this issue, allowing people in them. War brings only destabilization to their sneaking in at the oddest of times, and those Summit, at the Westin San Francisco Airport. A call to action that will seek to collectively discover power to denounce the horrors of excessive, communities or neighboring ones. odd times are likely upon us. 2) Apparently, several prisoner-oriented positive strategies to crucial issues surrounding unnecessary imprisonment — driven by Dropping the war metaphor was the first In Struggle, publications list us as having a “Reentry and incarceration. For more info, see dubious law enforcement practices that priority of the new Director of the Office of Resource Guide” available. While we do have www.centerforce.org/summit accomplish it with terrible costs to the taxpayer National Drug Control Policy. Gil Kerlikowske a reentry news section on our website at and the incarcerated. didn’t want to be called a “Drug Czar” either. I www.november.org/Reentry, we sadly do not October 28 - 30th, 2009, Portland, OR. Roots If Attorney General Eric Holder is correct won’t bemoan mere attitudinal changes, but have the resources to offer such a published of Change: Men, Sex and Justice, the 34th about a “moment in time that must be seized in guide. We apologize for the misunderstanding. National Conference on Men and Masculinity and 282 West Astor • Colville, WA 99114 order to insure that all of our citizens are treated Voice & Fax: (509) 684-1550 2nd Biennial Oregon Conference on Sexual in a way that is consistent with the ideals Addresses of political leaders and major media for letter-writers [email protected] Violence Prevention. At Portland State University, embodied in our founding documents,” we must www.November.org • www.NoNewPrisons.org Concerning HR 1475 to restore old good time Office of Public Affairs seize it. Portland, OR. For more info, see www.NovemberSoap.com In September I attended a public forum as system (sponsor): U.S. Sentencing Commission www.sati.oregonsatf.org/roots.html Rep. Danny Davis (D-IL) One Columbus Circle NE Staff: Chuck Armsbury, Nora Callahan, a ‘guest speaker’ in Pinellas County, Florida, Tom Murlowski 2159 Rayburn House Office Building Washington, DC., 20002-8002. October 31, 2009, Seattle, WA. Music Benefit along beautiful Tampa Bay. I can’t go to Florida Washington, DC 20515 The Snitching Board of Directors: Teresa Aviles, Nora Callahan, and Costume Party, featuring New Monsoon. 8:00 without being awash in memories of my Attorney General Eric Holder Aaron Dixon, Doug Hockin, Rachel Morton PM at Columbia City Theater, 4916 Rainier Ave childhood. Before my brother and his Concerning S 714 to create criminal justice U.S. Department of Justice Blog The Razor Wire is a supplemental S., Seattle, WA. All proceeds to benefit November imprisonment, there was life as children in that commission (co-sponsors): 950 Pennsylvania Avenue, NW Long time Razor Wire readers will communication to imprisoned members of tropical place, a place almost magical when Sen. Jim Webb (D-VA) Washington, DC 20530-0001 Coalition and Seattle medical marijuana legal recognize the name Alexandra Natapoff, the November Coalition. Published twice a comparing one region to another, and we 144 Russell Senate Office Building defense efforts. Admission $15.00. For more info, year, we notify members of special projects considered by many the leading expert moved a lot. There wasn’t a day we weren’t in Washington, DC 20510, or Letters to the Editor: contact 5O9-684-1550 or [email protected]. and progress, maintaining a daily updated on the use of informants in American the water or on the water, drowning in the sun. website at www.november.org. Join Sen. Arlen Specter (D-PA) It can be suffocatingly hot and humid, but Los Angeles Times November 11 - 14, 2009, Albuquerque, NM. criminal justice. Natapoff now offers thousands that visit us online for up-to- the- 711 Hart Senate Office Building 202 West 1st Street Reform 2009: The International Drug Policy online activists the Snitching Blog, a minute drug war reports and instructions on Florida still feels free and easy, just like going Washington, DC 20510 Los Angeles, CA 90012 Reform Conference, hosted by Drug Policy “comprehensive resource on criminal how they can help end the failed war on home. But not so for millions of Floridians drugs. Support people working to end drug Alliance. At the Albuquerque Convention Center, informants: legal developments, sentenced under harsh sentencing laws over House Judiciary Committee war injustice with a donation and Washington Post Albuquerque, NM. For more info, contact legislation, news stories, cultural the last particularly punishing drug war years. Rep. John Conyers (D-MI), Chair 1150 15th Street, NW membership in November Coalition today. [email protected] or see The sunshine state is now the nation’s leading 2426 Rayburn House Office Building Washington, D.C. 20071 reactions, commentary and more....” You jailer, surpassing California and Texas. While Washington, DC 20515 www.reformconference.org/ can find the Snitching Blog at To join The November Coalition and receive this newsletter, Floridians are plunging into a carceral crisis, New York Times www.snitching.org. see membership form on page 22. the state treasury languishes under the strain President Barack Obama 620 Eighth Avenue November 12, 2009, Oakland, CA. Ella Baker Ms. Natapoff is also the author of The White House of increasing the crisis by a projected 19 New York, NY 10018 Center for Human Rights Year-End Celebration & IF YOU OWN OR OPERATE A RETAIL STORE, OR DO 1600 Pennsylvania Avenue, NW Snitching: Criminal Informants and the Fundraiser, 6:00 - 8:00 PM at the Scottish Rite COMMUNITY ACTIVISM, CONTACT OUR OFFICE FOR prisons, or make fundamental changes needed Washington, DC 20500 Erosion of American Justice. yesterday. Center, 1547 Lakeside Drive, Oakland, CA. For INFO ABOUT BULK DISTRIBUTION. Another state with lots of retirees and the more info & RSVP, see www.ellabakercenter.org

PAGE 2 www.november.org November Coalition - The Razor Wire November Coalition - The Razor Wire www.november.org PAGE 23 their high-paying jobs. Instead of paroling contacted me to demand payment of the rest June 24, 2009 – USDOJ (US) Mail eligible inmates, they keep extending and of my fine: $17,000 (with interest). suspending the parole dates, holding these So there I sit, totally unable to resume a self Attorney General Eric Holder Talks Reform Call people to keep their jobs, using unjustified supporting life free from the system, even 20 Call excuses, not valid reasons. years after the crime. Attorney General Holder’s Remarks for the Charles Hamilton Houston Institute for Race and Justice and Persons sentenced under the new Unless this facet of the justice system is Congressional Black Caucus Symposium “Rethinking Federal Sentencing Policy 25th Anniversary of the Dear November Coalition guidelines of 1983 have been receiving shorter given some attention, I fear the 1000’s released Sentencing Reform Act” — Washington, D.C., Wednesday, June 24, 2009 Currently, I am incarcerated in the state of sentences; many have served their time and as part of the proposed reforms will swell the Wisconsin. For almost 15 years, I have had to are home already, while inmates under the old ranks of the homeless and be promptly back ongressman Conyers, thank you for your kind offense, nearly half were convicted for a new crime, trafficking organizations that plague too many of our sit on the sidelines, watching the “Prison Boom” parole system are still serving time because the behind bars for various violations. introduction. It is my pleasure to join this and another quarter were re-sentenced to prison for nation’s streets, and that allows us to effectively consume more and more lives and, yes, destroy commission won’t parole them. P. Williams, Massachusetts esteemed group of federal judges, a new conviction. combat offenses as varied as violent crime, child more and more families and communities. I am Even murderers have served less time after academics, sentencing practitioners, advocates, and The current federal sentencing system continues exploitation, sex trafficking, and financial fraud. But so fed up and utterly disgusted with this system the 1983 guidelines, while many under the I am a student earning my masters degree Members of Congress. The Congressional Black to be a target for criticism from judges, academics, focusing on punishment is not enough. The federal (the Prison-Industrial Complex). It’s not only parole system haven’t murdered anyone, yet in criminal justice, and I also have a brother Caucus and Harvard Law School’s Charles Hamilton and attorneys across our nation. These criticisms sentencing system must also embrace the because I am a part of it, because we are all a are still incarcerated. who was sentenced to federal prison for 18 Houston Institute for Race and Justice deserve range from concerns about mandatory minimums President’s commitment to reducing recidivism and enormous credit for hosting this important and timely to the use of acquitted conduct in sentencing providing opportunities to offenders to become part of it, or affected by it in some way. I pray someone will help us, the families of years on two counts of intent to distribute and event. The CBC has long spearheaded the decisions. Accordingly, a thorough review of federal contributing members of society at the conclusion I am fed up and disgusted because I know those still in prison. drug conspiracy. I want to be a part of your No movement to reexamine our criminal justice system sentencing and corrections policies, with an eye of their sentence. the truth: prisons are just another big business, Ida Evans, Florida New Prison project, and I am willing to fight all to ensure that it is more just and fair. We at the Justice toward possible reform, is welcome and necessary. Public trust and confidence are also essential and like many big businesses, the bottom line the way. I feel that our mandatory sentences Department look forward to joining with you as we The twenty-fifth anniversary of the Sentencing elements of an effective criminal justice system. Our is PROFIT. Now that they are finally looking at reducing are ridiculous. There is no benefit to anyone reexamine sentencing and corrections policy. I’d also Reform Act provides a good opportunity to reflect laws and their enforcement must not only be fair, The public pays all those taxes, which in turn the prison population — for reasons of dollars keeping a man in prison for a nonviolent like to acknowledge the tremendous contributions on the state of federal sentencing. The U.S. they also must be perceived as fair. A perception of pay for the prisons so they can feel safe, but in and cents, not out of any great concern for offense. I have heard so many stories of people of Justice Breyer who was one of the original Sentencing Commission has begun a review of the unfairness undermines governmental authority in the reality, they are in even more peril because of justice — they often mention employability or sentenced to prison being treated worse than members of the United States Sentencing impact of Booker and of the federal sentencing criminal justice process. It leads victims and prisons. transforming these costly prisoners into animals. The ASPCA would not allow this Commission. He has played a key role in reforming system as a whole by soliciting testimony at regional witnesses of crime to think twice before cooperating It pains me daily to know that yet another taxpayers and family breadwinners. However, inhuman treatment to an animal — why is our federal criminal sentencing policy and procedure hearings. Those hearings will identify those practices with law enforcement, tempts jurors to ignore the generation will fall to the greed of this system. most everything in the post-release practices justice system doing it? throughout his career. In fact, many of you here today that contribute to the goals of the Sentencing Reform law and facts when deciding a criminal case, and Prisons are equal opportunity destroyers. and system conspire to make ex-offenders into I will work my hardest to get you noticed, have contributed tirelessly to the evolution of federal Act, and those practices that do not. causes the public to question the motives of If I can be of any assistance to your perpetual paupers. and help in any way possible to stop this sentencing law and we all have the same goal: to At the same time, the Department of Justice has government officials. Accordingly, we must create a organization, please let me know. I don’t have My case is a good example, unusual only in injustice. Please inform me what I need to do. create a sentencing system that is predictable and begun its own internal review of sentencing and system where the factual basis for sentencing in a much to offer, but I will give you my mind and that I was better educated than most ex-cons. I Thank you for your time and dedication to the fair. corrections policy. I have asked members of the DOJ particular case is clear to all parties and to the public, my passion. came out after 10 years for a drug conspiracy wonderful protest your organization is doing. The federal sentencing system, which includes community – both in Washington, DC and in the U.S. and where the sentences themselves are truly Respectfully, with 10 years of Supervised Release, and a Cynthia Ramirez, El Paso, TX both sentencing guidelines and mandatory commensurate with the crime committed. Ramiah A. Whiteside, New Lisbon, WI $25,000 fine. minimum sentencing statutes, has undergone One thing is very clear to me: we must review What can I do to help besides the obvious? After holding a good job for seven years, a significant change since the Supreme Court’s our federal cocaine sentencing policy. Fifteen THE CURRENT FEDERAL SENTENCING SYSTEM I am a paraplegic since1980 after a motorcycle new PO was assigned me. First he called to decision in United States v. Booker. The years ago, the United States Sentencing CONTINUES TO BE A TARGET FOR CRITICISM FROM accident. I would like to do more then the usual tell me that I should quit my job as Executive The Good Time Bill guidelines continue to provide a sentencing Commission first reported on the differences in baseline in all federal criminal cases. However, JUDGES, ACADEMICS, AND ATTORNEYS ACROSS OUR sentencing between crack and powder cocaine. letter writing which does very little good. I’d love Director of a Social Service Agency in Boston Sentencing Commission data show that the NATION. THESE CRITICISMS RANGE FROM CONCERNS Since then, the need to reassess the federal to help shake up the world. because he had put my profile in the State’s (HR 1475) percentage of defendants sentenced within the ABOUT MANDATORY MINIMUMS TO THE USE OF cocaine sentencing laws has only grown Del Roberts Introduced by Rep. Danny Davis (D-IL) on data banks and that at the next check I would guidelines has decreased since the decision. stronger. This Administration firmly believes that (We pointed Del towards Bottoms Up: A ACQUITTED CONDUCT IN SENTENCING DECISIONS. be fired. I tried to find other work but criminal March 2, 2009, HR 1475 is a bill to “restore the Although the full impact of recent trends in the disparity in crack and powder cocaine Guide to Grassroots Activism, on our website background info is freely available and former system of good time allowances toward sentencing jurisprudence is still unclear, these sentences is unwarranted, creates a perception at www.november.org/BottomsUp) companies will not hire you except for physical, service of Federal prison terms, and for other developments should be monitored carefully. For of unfairness, and must be eliminated. This manual labor since they fear insurance purposes.” The bill currently has 15 cosponsors, example, we should assess whether current Attorneys Offices around the country — to participate change should be addressed in Congress. Parole was abolished in Florida in 1983. The problems. I finally declared bankruptcy. three and has been referred to the Subcommittee on sentencing practices show an increase in in the Sentencing and Corrections Working Group Many of you in Congress already have parole commission was given until 1993 to years after the end of my Supervised Release, Crime, Terrorism, and Homeland Security as unwarranted sentencing disparities based upon which is chaired by the Deputy Attorney General. introduced or co-sponsored legislation to address finish up their business. They are still there, with after bankruptcy, the Department of Justice of this writing. regional differences or even differences in judicial Our review will consider: the disparity between crack and powder cocaine. philosophy among judges working in the same • the structure of federal sentencing, We look forward to working with you and other courthouse. But we must also be prepared to accept including the role of mandatory minimums; Members of Congress over the coming months to ANNUAL MEMBERSHIP INCLUDES THE RAZOR WIRE the fact that not every disparity is an unwelcome • the Department’s own charging and deal with this issue. NEWSPAPER AND OTHER SPECIAL NOTICES Count Me In! one. The desire to have an almost mechanical sentencing policies; There is no tension between a sentencing system of sentencing has led us away from • alternatives to incarceration and re-entry; scheme that is effective and fair and one that is tough Working to end drug war injustice individualized, fact-based determinations that I • eliminating the sentencing disparity and equitable. We must work toward these twin goals My Contact Information (non-prisoner): Do you have a loved one in prison? believe, within reason, should be our goal. between crack and powder cocaine; and and we must do so now. Too much time has passed, Name ______I want to sponsor my imprisoned loved one's membership and We must also be aware of the fact that the federal • an examination of other unwarranted too many people have been treated in a disparate have enclosed an additional $10.00. Address ______inmate population continues to increase. This disparities in federal sentencing. manner, and too many of our citizens have come to I am a prisoner. I have enclosed at least $10.00 (money order or development puts an enormous strain on As part of that review, we are soliciting the input have doubts about our criminal justice system. We City ______stamps), or made arrangements for payment. correctional resources. The number of inmates in of key stakeholders such as law enforcement, must be honest with each other and have the State ______Zip +4 ______Name ______federal prisons, state prisons, or local jails has members of Congress, the defense and advocacy courage to ask difficult questions of ourselves and Phone ______Registration Number ______quadrupled since 1980, reaching more than 2.2 community, and judges. our system. We must break out of the old and tired Email ______Prison ______million today. Of particular concern, the burgeoning We are approaching this effort with a specific set partisan stances that have stood in the way of Address ______Annual Dues: $30 • Students: $15 • Prisoners: $10 prison population limits the ability of corrections of core values. We will apply those principles to needed progress and reform. We have a moment in City ______officials to provide drug treatment and other services create a sentencing and corrections system that time that must be seized in order to insure that all of I don't know a prisoner, but I will sponsor one. State ______Zip +4 ______I have enclosed an additional $10.00 necessary to minimize recidivism. A 2002 study from protects the public, is fair to both victims and our citizens are treated in a way that is consistent the Bureau of Justice Statistics tracked a sample of defendants, eliminates unwarranted sentencing with the ideals embodied in our founding documents. The November Coalition Total Enclosed: $______282 West Astor • Colville, WA 99114 more than a quarter-million prisoners released in 15 disparities, reduces recidivism, and controls the This Department of Justice is prepared to act. We TNC is a 501(c)(3) non-profit organization. Your gift or donation is tax deductible. Voice & Fax: (509) 684-1550 • Web: www.november.org states in 1994. Within three years, two-thirds of these federal prison population. In doing so we must create look forward to working with all of you. offenders were rearrested at least once for a new a system that allows us to dismantle gangs and drug Thank you.

PAGE 22 www.november.org November Coalition - The Razor Wire November Coalition - The Razor Wire www.november.org PAGE 3 Notably, decriminalization has become May 8, 2009 — Huffington Post increasingly popular in Portugal since 2001. Studies & Reports Except for some far-right politicians, very few Open Letter to the New “Drug Czar” from Another Top Cop: domestic political factions are agitating for a repeal of the 2001 law. And while there is a End the Drug War widespread perception that bureaucratic US Buries WHO The report was never officially published and BY NORM STAMPER, RETIRED SEATTLE POLICE CHIEF, MEMBER OF LAW ENFORCEMENT AGAINST PROHIBITION according to the WHO it does not exist, however changes need to be made to Portugal’s Cocaine Report some of the project advisors are currently decriminalization framework to make it more ear Gil (Kerlikowske): In the early 90s, the UN World Health pushing for it to be formally published. It has efficient and effective, there is no real debate Congratulations on your confirmation as director of the Office Organization (WHO) and United Nations Inter- only emerged into the public domain because about whether drugs should once again be of National Drug Control Policy. regional Crime and Justice Research Institute the relevant documents were leaked and found criminalized. More significantly, none of the Bit of an irony, isn’t it? Two Seattle police chiefs on opposite sides of (UNICRI) completed the largest study ever their way into the hands of the Transnational nightmare scenarios touted by preenactment the drug war? As “drug czar” (please retire that ill-begotten label), you undertaken on the use of coca and cocaine. Institute drugs and democracy program. decriminalization opponents — from rampant are responsible for advising the president and vice president on drug The WHO/UNICRI briefing kit, released in 1995, The suppression of this detailed, increases in drug usage among the young to control programs, and for coordinating drug policies among all federal had this to say: “Health problems from the use authoritative and independent report is yet more the transformation of Lisbon into a haven for agencies. I, on the other hand, as a member of Law Enforcement Against of legal substances, particularly alcohol and evidence of how certain governments, most “drug tourists” — has occurred. Prohibition, am devoted to ending the drug war, along with the prohibition tobacco, are greater than health problems from conspicuously the US, have willfully refused to The data show that, judged by virtually every model on which it’s based. cocaine use. Few experts describe cocaine as develop rational drug policy based on science metric, the Portuguese decriminalization But how far apart are we, really? invariably harmful to health.” and evidence — and worse, when evidence framework has been a resounding success. During your tenure as police chief you either championed or tolerated Unfortunately (and predictably), under emerges that challenges their political Within this success lie self-evident lessons that sensible policies such as methadone treatment, clean needle exchanges, You oppose “mandatory minimums” which have resulted in millions pressure from the United States, it was never prerogatives they will resort to bullying, threats should guide drug policy debates around the medical marijuana, and a Seattle voter initiative requiring you and the of nonviolent drug offenders going to prison for very long stretches. “... I published, when it became clear its findings and censorship to ensure it is suppressed. This world. city attorney to make simple adult marijuana possession your lowest understand and respect the ability of states, under the longstanding were in direct conflict with the myths, is anti-science drug war posturing of the worst Edited for space from constitutional lawyer enforcement priority (lower, indeed, than jaywalking). You also continued principles of federalism,” you wrote, “to make state policy decisions within stereotypes and propaganda that prop up the kind, and can only lead to poor policy and Glenn Greewald’s April 2, 2009 White Paper, the practice of assigning police officers to Hempfest, knowing your cops the scope of their authority and jurisdiction.” Sounds like you’re fully on war on drugs. At the 48th World Health increased human costs as a result. Drug Decriminalization in Portugal: Lessons for would make no arrests for possession of marijuana, thus ensuring a board with the president and Attorney General Holder in calling off the Assembly, just two months later, the US Find the WHO Cocaine Project Briefing Kit Creating Fair and Successful Drug Policies, safe and peaceful event. These modest steps represent progress, and DEA raids on medical marijuana dispensaries. (Federalism. Smart representative to WHO had this to say: “The and associated documents at: www.tni.org/ available in full at www.cato.org they position our former city as a leader in local reform. invocation, Gil. Appeals to many Americans, including thoughtful United States Government had been surprised detail_page.phtml?page=drugscoca- But I’d be less than honest if I didn’t point to some genuinely worrisome conservatives of a “dual federalist” stripe.) to note that the package seemed to make a docs_coca#who 1 in 11 U.S. Prisoners Serving positions you’ve taken recently. So, how open will you be to new ways of looking at old, disastrous case for the positive uses of cocaine, claiming Source: Transform Drug Policy Foundation Life Sentences In responding to written interrogatories from Republican members of drug policies? You claim to support “evidence-based,” data-driven that use of the coca leaf did not lead to UK at www.tdpf.org.uk the Senate Judiciary Committee you claimed there is no scientific solutions. You have, in your own words, “long recognized that to be noticeable damage to mental or physical health, A new report released by The Sentencing Project in July finds a record 140,610 individuals consensus supporting medicinal marijuana; announced your opposition successful as a police chief you have to rely on and work collaboratively that the positive health effects of coca leaf Drug Decrim Resounding to legalizing marijuana; and defended the classification of pot, along with...other governmental and non-governmental entities.” You pledged chewing might be transferable from traditional are now serving life sentences in state and federal prisons, 6,807 of whom were juveniles with heroin, PCP, and GHB, as a “Schedule 1” drug — which means, I to “re-establish valid working relationships with non-governmental entities settings to other countries and cultures, and Success in Portugal guess, that you believe it is highly addictive and possessed of no medical and stakeholders.” that coca production provided financial benefits On July 1, 2001, a nationwide law in at the time of the crime. In addition, 29% of persons serving a life sentence (41,095) have value. Drug policy reformers, mushrooming in strength and number every to peasants...” Portugal took effect that decriminalized all Sadly, these views put you in league with your ONDCP predecessor, day, are committed to sensible drug laws, Gil. We will support your every He then threatened to withdraw US funding drugs, including cocaine and heroin. Under the no possibility of parole, and 1,755 were juveniles at the time of the crime. No Exit: The John Walters — he of the magnificent obsession with “killer weed” — worthy incremental step on the road to rational government policies. Of for WHO research projects unless they would new legal framework, all drugs were who during his tenure silenced science, lied habitually, and refused to course, some of us, like LEAP members, will not be content with anything dissociate itself from the conclusions of the “decriminalized,” not “legalized.” Thus, drug Expanding Use of Life Sentences in America represents the first nationwide collection of life debate those with opposing views. less than an end to the drug war, and the replacement of prohibition study. possession for personal use and drug usage How much of your stance on these issues falls into the category of with a regulatory model based on sound public health principles. But It’s easy to see why the US would be so itself are still legally prohibited, but violations sentence data documenting race, ethnicity and gender. The report’s findings reveal confirmation politics? How much represents your true feelings? Either that shouldn’t stop you from making a place for us at the table. We are, opposed to the study being published as it not of those prohibitions are deemed to be way, your early public comments are disconcerting, coming from an after all, stakeholders too. only challenges a number of myths and exclusively administrative violations and are overwhelming racial and ethnic disparities in the allocation of life sentences: 66% of all administration headed by a president who’s proclaimed the drug war an Finally, as we begin this new era of drug policy debate, is it too much stereotypes about cocaine use, but it is highly removed completely from the criminal realm. “utter failure,” and who has advocated more of a public health approach to ask that you vanquish the vocabulary of “war”? We all know that when critical of a number of US-backed policies. The Drug trafficking continues to be prosecuted as persons sentenced to life are non-white, and 77% of juveniles serving life sentences are non- to drug control. Richard Nixon labeled drugs “public enemy number one” and vowed all- report specifically highlights the criticism that a criminal offense. Still, you did stand up to the shriller apostles of the drug war. out war on them he was in truth declaring war on us, the citizenry of the supply reduction and enforcement policies are The political consensus in favor of white. According to the report, the dramatic growth You wrote, for example, that needle exchanges are “not a cause of United States — especially the young, the poor, and people of color. not working and that alternatives needs to be decriminalization is unsurprising in light of the significant public safety problems,” that they are part of a “comprehensive In an April 20, 2009 proposal to end the drug war, the Drug Policy explored. relevant empirical data. Those data indicate that in life sentences is not primarily a result of higher crime rates, but of policy changes that approach for drug abuse prevention, treatment, and care, including efforts Alliance urged us to recognize that while “DPA’s work is all about drugs The studies identified “strict limitations to decriminalization has had no adverse effect on to reduce the transmission of HIV/AIDS and other blood-borne diseases.” on the surface, dig down a little deeper and one finds it’s not really drug control policies which rely almost drug usage rates in Portugal, which, in have imposed harsher punishments and restricted parole consideration. You share Obama and Biden’s position that sentencing guidelines about drugs at all.” It’s about “much larger struggles in American and exclusively on repressive measures. Current numerous categories, are now among the for crack vs. powder forms of cocaine are “wrong and should be international society — -over the extent and limits of individual freedom, national and local approaches which over- lowest in the EU, particularly when compared The authors of the report state that persons serving life sentences “include those who eliminated.” what it means to be a free society, and how we deal with both phantom emphasize punitive drug control measures may with states with stringent criminalization And I loved your reply to Senator Grassley’s question of whether and real threats to health, life, and security.” actually contribute to the development of heath- regimes. Although postdecriminalization usage present a serious threat to public safety, but also include those for whom the length of marijuana is a gateway drug: “Often, marijuana is the first illicit drug that You have been given what DPA calls a “once-in-a-generation related problems. An increase in the adoption rates have remained roughly the same or even young people use. I support efforts to educate young people about the opportunity” to help us reclaim our freedom as Americans, and to live of more humane, compassionate responses decreased slightly when compared with other sentence is questionable.” The Sentencing Project calls for the dangers of illicit drugs, including marijuana.” In other words, Senator: safer, healthier lives. such as education, treatment and rehabilitation EU states, drug-related pathologies — such as No. Pot is not a “gateway” drug. Please don’t blow it, Gil. programs is seen as a desirable counterbalance sexually transmitted diseases and deaths due elimination of sentences of life without parole, and restoring discretion to parole boards to Likewise, your answer to the Iowa lawmaker’s query about whether to the overreliance on law enforcement to drug usage — have decreased dramatically. the medical marijuana case of Gonzales v. Raich was a proper decision. Warm regards, measures.” Drug policy experts attribute those positive determine suitability for release. The report also recommends that individuals serving parole- “...the Supreme Court’s decision...is the current law of our land. As a Norm The study also points out that ‘anti-drug’ trends to the enhanced ability of the Portuguese result...I am duty bound to honor it and so I [will] until such time as the campaigns in general are not necessarily government to offer treatment programs to its eligible life sentences be properly prepared for reentry back into the community. supreme law of our land on this subject changes.” The “subject,” Norm Stamper was Gil Kerlikowske’s immediate predecessor as effective, especially when they are not rooted citizens — enhancements made possible, for simplified, refers to whether the federal government should trump the Seattle’s chief of police, having served from 1994-2000. in fact. numerous reasons, by decriminalization. The full report is available at www.sentencingproject.org states on marijuana enforcement. Sounds like another “no” to me. Visit LEAP online at www.leap.cc

PAGE 4 www.november.org November Coalition - The Razor Wire November Coalition - The Razor Wire www.november.org PAGE 21 September 14, 2009 — Raw Story (US) Unescorted Prisoners FBI Figures: One Drug Bust in US EDITOR’S NOTES Take the Bus Every 18 Seconds hanks to a little-known policy at the federal Bureau BY STEPHEN C. WEBSTER By Chuck Armsbury of Prisons (BOP), the guy sitting next to you on the bus could be a convicted felon. As part of a cost-cutting merica is a nation at war, overseas in Iraq and Afghanistan, and at home. program, the BOP allows more than 25,000 prisoners each According to the newly released Federal Bureau of Investigation Uniform Crime rivate prison companies, most notably usually done by the soldiers themselves. year to ride unescorted and unannounced between federal Report for 2008, every 18 seconds someone is arrested and charged with violating Corrections Corporation of America (CCA), The funny man then ridicules for-profit prison correctional facilities. At least 50 have escaped, including drug laws. anticipate increased stock performance and corporations, singling out CCA “on the New York a drug dealer who is now considered armed and dangerous. Another striking figure in the report: of the 1,702,537 drug arrests in 2008, 82.3 percent profits in near future. With governments short Stock Exchange, which is convenient since were for simple possession of a contraband substance. Nearly half, 44 percent, were for Traci Billingsley, a BOP spokeswoman, says that almost on cash and prisons overcrowded, these that’s where all the real crime is happening all of the inmates are traveling to halfway houses where possession of marijuana. According to San Francisco Weekly’s calculations, 2008 saw one vampire capitalists don’t favor or expect anyway.” Maher is incensed that “CCA and they will come into contact with the public anyway. She marijuana arrest every 37 seconds. reductions in state or federal prison populations similar corporations actually lobby Congress for by comedians? Calling on the power of unity adds that the other 6% of inmates are traveling to minimum- “In our current economic climate, we simply cannot afford to keep arresting more than three and construction. “In what might be a revealing stiffer sentencing laws so they can lock more and common purpose seems obvious, a first security facilities, most of which don’t even have fences. people every minute in the failed ‘war on drugs,’” Jack Cole, a former drug officer who oversees commentary on our country’s state of affairs, people up and make more money.” It’s no step, but too often in vain in today’s highly Prisoners who will travel alone are screened to make sure the activist group who now heads the group Law Enforcement Against Prohibition (LEAP), said individualized, competitive, capitalist culture. in a press release. “Plus, if we legalized and taxed drug sales, we could actually create new the nation’s private prison companies look like wonder why the US is world’s leading jailer they “pose no significant risk.” Should federal prisoners be Has cynical outlook and disenchantment won allowed to travel unescorted on public transportation? (56% revenue in addition to the money we’d save from ending the cruel policy of arresting users.” solid investments for the next several years,” “because actually rehabilitating people would the day? Has ‘me first’ become a drumbeat in answered ‘yes,’ and 44% voted ‘no’ in Parade poll — RW The report noted that the figures are a slight dip from 2007, going from 1.8 million to 1.7 claims award-winning New York financial have a negative impact on the bottom line.” each of us? Not completely — renewed unity Editor) million. adviser Michael Brush.* Maher weighs in heavy on profiteering in the in 2008 among diverse voters put Barack But bus-industry officials say that allowing prisoners to “Those looking for a partisan pattern should note that drug arrests climbed under Bill Clinton Brush writes that “Corrections Corp., for news media and health-care industry, too. ride unescorted and unannounced on public transit does as well as George W. Bush, and that last year’s drop occurred during the latter’s second term,” example, trades at about 22 times 2005 “When did the profit motive become the only Obama in the White House, and millions of put passengers at risk. This spring, the American Bus wrote Jacob Sullum at Reason.com. “Since local police make the vast majority of drug arrests earnings estimates, at the low end of its historic reason to do anything? When did that become hopeful supporters who stood shoulder-to- Association (ABA) sent a letter to the BOP saying that the (especially pot busts), it’s not clear how much difference the president’s drug policy agenda 22 to 25 range. The Geo Group appears the new patriotism? Ask not what you could do shoulder at his January inauguration still dream practice “imperils public safety” and demanding an makes, although federal priorities affect the behavior of state and local law enforcement agencies, cheaper, with a forward price-to-earnings ratio for your country; ask what’s in it for Blue Cross/ of real change in our country. More than ever, immediate halt to the program. “The fact that this has been especially when funding is attached to them.” of 14. But at $26, it trades at the 12-month price Blue Shield,” snarls this angry white man. we need those millions to stand up for the done and continues to be done in this kind of secretive The FBI also recorded a 1.9 percent drop in violent crime, and the smallest number of target recently set by one analyst. (As the Winding down his rant, Maher asks “if wrongly convicted and over-punished prisoner way is very unsettling,” ABA president Peter Pantuso says forcible rapes in the last two decades. The report additionally noted that 1.4 million arrests leader, Corrections Corp. deserves a premium medicine is for profit, and war, and the news, class. in his April 9, 2009 letter to BOP Director Harley G. Lappin. were made for drunk driving alone. valuation.)” and the penal system, my question is: what’s Somewhere between salivating prison “This letter hereby serves as notice that no ABA member “Racial minorities suffered disproportionately as victims of some of the most violent crimes,” “Founded in 1983, Corrections Corp. was wrong with firemen? Why don’t they charge? profiteers and decent businesspeople lies some bus operator will provide service to any unescorted prisoner added CNN. “Almost half of the country’s 14,000 murder victims, for example, were African- the first company to privatize prisons in the They must be commies. Oh my God! That common ground for morality, vision and American.” — under any circumstances,” Pantuso insists. The BOP United States. It’s also the biggest, with 54% explains the red trucks!” alliances with the languishing movement to end acknowledges that a small minority of the inmates it The Office of National Drug Control Policy had not commented on the FBI report at time of share in the private prison sector. So it’s likely Using humor and ridicule Maher insists that the drug war, decarcerate our prisons, and transfers via public transportation “fail to report to their publication. to get a big piece of the business from state profit-making is the ONLY morality in capitalist strengthen local communities. No matter where designated locations” but insists that the cost savings is and federal prisons trying to cope with ideology. And yet what should we think about you are, build unity with people daily in words worth the risk. and deeds, and stand up every chance you get RW Editor: Comments by mpb, posted online: 06/07/ overflows,” Brush advises potential investors. the morality of ‘covering’ or ‘socializing’ big Private Prisons Still Booming Plain talk about profiteering on incarcerated bankers’ greed and losses with recent billion- to educate and activate locally and in your state 2009, illustrate a majority’s understanding, “I thought the for real change in criminal justice philosophy, letter from the American Bus Association to the BOP BY RICHARD GEFFKEN people isn’t ‘breaking’ news to most Razor Wire dollar handouts of public funds? How about one policies, practices, and especially initiatives for regarding unescorted inmates utilizing public transportation readers. But emotionless dollars-and-cents of the greatest cons of all: socialism for the rich, hile the rest of the nation suffers an economic downturn, private prison corporations alternative sentencing and earned release from to travel to other facilities was absolutely ignorant. As analysis of the financial ‘good’ that comes from capitalism for the poor. Not since the continue to experience a boom. custody. expressed by the BOP Public Information Officer, the Corrections Corporation of America (CCA) has the biggest share of the marketplace, massive over-incarceration still offends and revolutionary 1960s have I witnessed such inmates who are traveling are minimum security and often enrages one’s conscience, right? Is it merely a intense, national discussion over socialist and As always, stay in touch, share this issue with 64 facilities nationwide. It built two new prisons in 2008, and is constructing two more in with others, and help advance November are entering halfway houses just prior to the termination of 2009. It also expanded its bed space at nine existing sites, putting 1,680 more in use in just one joke or oxymoron that capitalist morality isn’t capitalist economies and their differing visions Coalition’s mission with your money, time and their sentence. Where do you think the inmates reside when quarter of 2008. In business language, CCA’s income increased by 14% to $37.9 million. The moral? What a strange land where any thing of the future. commitment. they are released. They reside in your neighborhood, attend suffering doesn’t matter, just count the money. can be for sale when the dominant standard of Seriously, now, how can we ordinary folks your church, participate in your community programs and GEO Group ranks second in the industry. It expanded eight existing prisons, and began socioeconomic success is making profit? Do do much to solve longstanding social problems * Online at www.moneycentral.msn.com various other things. construction of a new one in Milton, FL in March 2009. leading capitalists routinely denounce that apparently can best, or only, be illuminated ** Online at www.hbo.com/billmaher By utilizing public transportation for the inmates who The Federal Bureau of Prisons had 13 prisons built for private management in the last 10 profiteering on children traded or sold in the are near to their release dates or transferring to a minimum years. These have largely housed low security risk illegal immigrants. Delaying deportation international sex markets? Do some big security prison (where fences are non-existent), saves tax increases bed space usage to maximize profits. bankers refuse the obscene profit to be gained In Memoriam payers a significant amount of money. The ABA makes a These corporations are seeking longer sentences through their lobbyists in nearly all state from laundered drug trafficking money? Dr. Kenny H. Linn, 1939 — 2009 point that during these times of public safety, Homeland legislatures. Prison policy-makers are projecting increased prison populations of 25% by 2011. Comedian Bill Maher has a new rule: Not enny Linn lost his fight with pancreatic cancer on May 28, Security...etc, the BOP should cease and desist their actions It’s good for business. That will mean nearly 3 million Americans imprisoned. everything in America has to make a profit. 2009. For everyone who loved and worked with Kenny, he immediately. The ABA should really get their facts straight Prison overcrowding in California has given the private prison industry an extra boost. Over Maher, long-time drug war critic, seems will be dearly missed. before they start throwing jabs. The BOP is not placing 5,000 prisoners were shipped to other states’ private facilities between 2007 - 2008 rather than particularly troubled by the evident profit-on- Kenny was co-founder and chairman of FedCURE, and international terrorists on the buses to send them cut any sentences. 2,900 more were transferred at the start of 2009. Nevertheless, reducing the considered an expert on federal parole. He was co-author and unescorted to another federal prison. everything US economy and culture. On the prison population remains unthinkable. The numbers represent money and influence to politicians, the leading advocate of legislation to establish a hybrid system As an American taxpayer, I realize the benefit of the July 24 episode of Real Time With Bill Maher and voter fears which translate into votes. of parole and good time allowances for federal offenders. A tireless system the BOP is using. I would be more concerned about (HBO), Maher reminds us that “war profiteer” Having run California into virtual bankruptcy, Governor Arnold Schwarzenegger still demands advocate for federal inmates and their families, Kenny was the some of the other people (non-law-abiding), riding the bus used to be a “bad thing, but now our war zones no mercy for prisoners. With a deficit of $41 billion, state workers and teachers are being laid off. model demonstrating that parole works. than those who are monitored and have more to lose if are dominated by private contractors and 20,000 received their layoff notice on February 17, 2009. Cutting vital public services remains Kenny was a former federal prisoner, released on parole they escape or commit another crime. For these reasons, I mercenaries who work for corporations.” ** preferred to reducing prison populations and profit margins. through August 2004. Completing undergraduate degrees in voted yes on your poll, as I noticed was the majority of the Maher’s right: unlike previous US wars It offers little hope that 46 states face bankruptcy in 2009. President Obama is expected to political science and economics at Tulane University, he went on to study law at the Schools of responses. Perhaps ABA Administration should rethink their “there are more private contractors in Iraq than bail them out, while they continue imprisoning more and more of his fellow citizens. Private Law at New York University and Loyola University (New Orleans). Linn received both a Juris comments and listen to the majority.” American troops,” paid generous salaries to prisons appear to be a “New Deal” industry. So much for change. Doctorate and Master of Laws from the University of Honolulu Law School. Source: Parade Magazine, May 31, 2009 launder troops’ clothing and do other work Richard Geffken is a Florida prisoner. To review one of Dr. Linn’s final efforts in sentencing reform, see www.goodtimebill.info

PAGE 20 www.november.org November Coalition - The Razor Wire November Coalition - The Razor Wire www.november.org PAGE 5 Judic Moves HR 3245 in Big Step to End 23 Years of Bottoms Up 2009 Getting Your Message Through is Cocaine Sentencing Disparity Your Highest Priority ore than a drinker’s toast, ‘Bottoms Up’ is about the power of BY LAUREN VICTORIA BURKE, CREW OF 42 BLOG BY WILLIAM D. MCCOLL grassroots action, the wisdom of the majority, the ability to speak Cecil B. deMille flik had less behind the during votes. This was followed by her changed to 1:1. Senate Judic. Chairman Pat truth, lead and influence others. Bottoms Up is also a practical s a professional lobbyist, I would like to make some suggestions scenes drama than this House attempting to locate Chairman Conyers in the Leahy had breakfast w AG Holder Wednesday and growing manual for community activists, updated often with fresh about how to respond to an offensive letter from legislators, or Judiciary markup featuring HR 3245 Speaker’s Lobby which was then followed by and the topic came up. This thing is fast-track organizing experiences. November Coalition staff traveled almost 30,000 help you as you begin communicating in letters and visits to to end the sentencing disparity between crack another chat between her and advocates on city. What Sheila Jackson Lee’s specific issue miles in 2002 — 2003, on a project called Journey for Justice, a series your federal and state legislators. If your legislator has made you angry, and powder cocaine. HR 3245 is a simplified the issue upon her return was remains unclear — of scheduled events throughout the Northeast, East Coast and South. and you respond in anger, you have taken their bait. An angry ‘rant’ in version of HR 1459 and co-sponsors included to 2141 Rayburn. One of but get ready for it to Face-to-face meetings in homes, churches, colleges and community response, verbal or in writing, allows them to dismiss you. Your job is to members who had offered like-minded bills, those rounds of talks surface in some form centers were followed by recording the experience in the Coalition’s make it extremely hard for them to dismiss you. including Reps. Jackson Lee, Waters, and apparently did the trick. again. online guidebook to community activism, Bottoms Up: A Guide to Essentially, the reason for any contact with a legislator or a legislative Rangel. HR 3245, by Rep. Bobby Scott, simply Though she Reprinted photos Grassroots Organizing. staff should be to further your goal. When you write a letter, or visit your equalizes the sentencing between crack and communicated otherwise and text appear here by Available online at www.november.org/BottomsUp, Bottoms Up is leaders, think carefully about the goal of your communication. Put yourself powder cocaine and would end 23 years of minutes beforehand, she permission from Lauren useful for beginning and seasoned organizers who exercise First into a legislator’s shoes and ask some basic questions of your goals. disparate punishment. Straightforward. didn’t offer any Victoria Burke, a self- Amendment rights to speech, petition and assembly. This how-to manual Would this communication have support from other constituents of this amendments to the Scott described “freelance covers topics such as: Organizing a Public Event or Private Meeting leader? Are there other people with the same issue and requests? If bill. She did contribute a writer/photographer with Officials, Designing Flyers and Posters, Working with Others, not, then perhaps your issue or request isn’t reasonable, or something cryptic and pointed workaholic political Leading a Demonstration, Building a Relationship with the Media and that has enough support to interest a legislator. request of her desire to junkie,” posted July Elected Officials. One thing you will need to do is develop several lines of arguments. work closely and 29, 2009 at Also included is a generous sampling of artwork, press release If you are talking to a conservative, your message is different than if you “collegially” together in the www.crewof42.blogspot. examples, educational literature, studies and reports, graphs and displays are talking to a liberal, or to a moderate or to a libertarian for that matter. future with Rep. Scott. com/2009/07/house- to share with the public, meeting forms, and other resources for Considering all you know about your legislator is important. You may One has to wonder at this judiciary-to-markup- organizers of different levels of skill. Educational Supplies include have initial correspondence, or news quotes that reflect their opinions point what her issue was cocaine.html banners, posters, brochures, full displays and periodicals. about your issue. but the bottom line is HR Victoria Burke has Incarcerated people retain rights of speech and petition, if not If you ‘strike-out’ with a message, go back and consider why it failed. 3245 passed and was been covering Capitol assembly. Without question, people in prison may communicate freely In light of the reasons why it failed, try to further communicate your reported out of the Hill since 1999 and has with members of Congress, other public officials, and media about their position a better way. If you can’t think of a better way to communicate committee by a vote of 16 worked for the Senate circumstances. Loved ones outside may also contact officials to your message, do not respond angrily. Let things calm down before you to 9 — and voted out Democratic Policy personally lobby for change. Around critical questions about criminal go back to visit, or write again. clean. Who needs the Committee, ABC News, justice our imprisoned loved ones have answers we all need to hear. Give some thought to how you can successfully reestablish lines of Uncomplicated. But then came word Rep. Republicans? USA Today.com, To help members do a good, effective, personal lobbying job for an communication. Whatever you do, the very first rule of lobbying (well at Sheila Jackson Lee was thinking of offering 10 The Obama Associated Press, The incarcerated loved one or a sentencing issue, here are specific least my first rule) is that you never burn your bridges. Respect people, — that’s right TEN — amendments to the Scott Administration, led by AG Eric Holder and Washington Post and The Hill newspaper, and recommendations from a professional lobbyist that were first posted in making the best argument to them; your message is the highest priority. bill. This reporter waited for her outside the Lanny Breuer have repeatedly made it crystal has covered 9 political conventions. She also Bottoms Up in 2001. It is more important than getting ‘something off your chest.’ hearing room before the hearing to ask what clear in every speech and committee owns WDCPIX.COM photo service. You can Since September 11th, Americans have been told that they are at was up. Her answer: “I’m in contemplation...” appearance on the issue that they want the law contact her at [email protected]. war, that they need to accept a reduction in their civil liberties, and that SJL’s “kingpin” bill, HR 265, has 53 co- they must stand united. Anything that detracts from those goals, may sponsors. It’s no surprise she may have felt as appear divisive and will have the effect of placing us in the category of if her bill had more support and wanted to add “the enemy.” We must be extremely cautious in all of our actions and in amendments featured in her legislation. With What is the “Crew of 42” Blog? our letters, but this does not mean that we stop lobbying visits and letters Many of our incarcerated members may moves through the post Civil Rights to our government’s leaders. not know about ‘blogs.’ Short for ‘web log,’ movement. The group originated in 1971 One thing that I’ve learned is to lower my expectations. There are a this electronic form of communication is a with 13 members. They now have 4 full lot of people on all sides of every issue. You may need to accept that it shared online journal where people can post committee Chairs, a membership of 42 and might take years to demonstrate responsibility and win legislators over. diary entries about their personal the advantage of having their party in control Have others make your case for you or with you, enlisting family and experiences and hobbies. of the House, the Senate and the White friends to write letters on your behalf, or take them with you when you Lauren Victoria Burke describes this House. visit your leaders to illustrate you have support for your request or issue. Show them that you have a large (preferably responsible) and active reprinted blog (located online at Two friends of mine and I were going Journey For Justice, Bronx, NY 2002 www.crewof42.blogspot.com) as following over the general way in which the press constituency behind you. “the march of legislation brought forth by covers the CBC and its members. I came members of the Congressional Black to the conclusion that stories often break Caucus (CBC) in the 111th Congress at the down to one of three themes: dawn of the Obama era. No group of 42 1. CBC angry. individuals thinks and acts as a monolith 2. CBC forms roving gang and wants papers flying and documents being passed and this blog will effortlessly place a something. back and forth from her staffer to the clerks spotlight on that. The CBC is a vibrant 3. CBC in disarray. table, she appeared ready to blow up the Scott example of individuals forging ahead Though subjects may lapse into one of bill and a chance to fix a 23 year old mistake. singularly while occasionally unifying as a the three trivia-driven categories above, the No long time serving member I’ve spoken with group when the politics require. This is a focus will be on legislative work. This blog can recall such a bill being voted out during blunt and lively group of politicians and has no official affiliation with the their time in Congress. therefore fun to cover. Further, the current Congressional Black Caucus or any An incredibly well timed set of three votes membership covers the post WWII era and individual member therein.” on the House floor allowed for a 20-minute conversation between SJL and Rep. Scott Mother’s Day Protest, Chico, CA 2001 Rally Against the Drug War, Laguna Beach, CA 2006

PAGE 6 www.november.org November Coalition - The Razor Wire November Coalition - The Razor Wire www.november.org PAGE 19 The WALL LLOCALOCAL SSCENESCENES New Haven Denounces Drug War Injustice The Reentry Struggles Of Kathryn Elwood May 2, 2009, New Haven, CT BY CHUCK ARMSBURY STORY BY BARBARA FAIR — PHOTOS BY MELINDA TUHUS

he day was dreary in New Haven (CT), decriminalize small amounts of marijuana in the he was in prison for six years, and has work,” wrote Kathryn. but it didn’t discourage drug war reformers state legislature this session. now been out for six years. “I will do She has been in contact with several traveling from as far away as Indiana who Kemba Smith, a former prisoner of the drug anything I can to help and make people California officials — including Governor Arnold gathered to educate a diverse audience about war, traveled from Indianapolis to share her story more aware that there is hope! It is very hard Schwarzenegger, CA. Majority Leader Alberto the injustices of the drug war. The drug policy of being sentenced to 24 years as a first time to live a life in the shadows of incarceration,” Torrico’s office, Senator Diane Feinstein, and conference was held inside Yale University’s drug law violator, even though prosecutors wrote Kathryn Elwood in an email to our office. Senator Barbara Boxer — to ask why ex-felons Dwight Hall Chapel on Saturday, May 2, 2009. admitted that she never used, held or sold Yet, she writes with confidence and uncommon can’t find jobs and why pregnant mothers like Ira Glasser, former National ACLU Director drugs. She was charged for crimes her former resolve to overcome the staggering difficulties herself are being denied food stamps if once and now board president of Drug Policy Alliance, boyfriend committed. Her sentence was finding employment. In a 2000 Razor Wire convicted for a drug felony committed after headed the lists of panelists/speakers. His commuted in 2000 by President Bill Clinton after photo Kathryn was one of several female 1997. Kathryn Elwood today speech portrayed the drug war as a revival of serving nearly seven years in prison. Since prisoners posing together whose combined For those of you that have, “be prepared to the Jim Crow Laws that prevailed in the South release she has traveled the country telling her sentences totaled over 227 years. show proof of participating in some type of drug- contacted our office with questions about how from the 1890s into 1950s, a set of laws that story, attended law school, and plans to marry “I know that there is basically nowhere to treatment. This applies to anyone trying to get to get Federal legislation introduced to give paved the way to renewed legal subjugation of soon. Her speech was followed by words from turn! My fiance and I just moved back to San assistance in California. Arizona will just flat out people an option to have felonies expunged African Americans in America. He went on to a group of local activists including criminal Barbara Fair Diego from Arizona and experienced a system deny anyone,” claims Kathryn. after several years successful reentry. How explain how Jim Crow repression succeeded defense attorneys Michael Jefferson and Norm that’s completely BROKEN! We were denied Kathryn has put her in-prison organizing would it work? slavery and how the drug war succeeded Jim Pattis, Youth mentors’ Officer Shafiq the war on drugs. Reliable research now reports job placement assistance because we didn’t skills to good work on the outside on behalf of “I would like to put together a message Crow, both of which successfully removed Abdussabar and Shelton Tucker, and a Youth that 1.5 million Americans are arrested every just get out of prison. We were like, why is this prisoners she left behind. Though many board or something of that nature featuring all African Americans from society. Rights Media alumnus, Matt Mitchell. year for drug law offenses, and 75% of those happening? We were appalled! We were prisoners promise to ‘keep up the struggle’ after of the felons (called “Faces of Felons”) that have He was followed by a panel of speakers that It was a gathering of some of the most arrests are for simple possession of marijuana. devastated!! Here we were, ex-felons that have release, Kathryn is someone who really did, and a story, are upstanding members of society, and first included internationally respected drug committed leaders in the movement to end the The war on drugs is the main feeder to an been out of prison/jail for a very long time w/o did so because as she stated, “I am VERY the impact of having felonies and how it has policy activist, Cliff Thornton, executive director US War on Drugs which began four decades exploding prison system that has become one incident — 3 children to support, 1 on the way passionate about helping people and making made them somewhat “disabled, inferior, and of Efficacy and two LEAP (Law Enforcement ago under Richard Nixon’s administration and of the fastest growing industries in this country. — and we were being denied assistance people understand that NOT everyone who’s unworthy” of obtaining viable employment. I Against Prohibition) spokesmen, Richard accelerated rapidly in the 1980s under Ronald America incarcerates more of its citizens than because we didn’t just commit a crime. It was been to prison is a horrible person!” would like to then present it to our legislators VanWickler, Superintendant of Corrections in Reagan’s reign. In early 1970s there were 1.4 anywhere else in the world. No proportion of the weirdest thing in the world! An Arizona job A people’s champion, Kathryn has strong and see where it goes from there,” offers New Hampshire and Joseph Brooks, retired million people addicted to drugs. In 2009, forty the US prison population has grown faster than center (that said it helps felons) would not help memories of prison events she organized, of Kathryn. police captain from Manchester, CT. Speaking years later, there are 1.4 million people addicted African Americans. The greatest racial disparity us at all! It just seemed as though we were fighting for furloughs, toilet paper and recreation Can or should ex-felons become mentors next were Lorenzo Jones, executive director of to drugs; prohibited drugs are cheaper, more is seen nationally among men ages 25-29 where experiencing a brick wall for simply trying to prizes, “to name a couple of subjects.” She for those still incarcerated? Kathryn definitely A Better Way Foundation, and Connecticut State accessible and purer than 40 years ago, Whites are incarcerated at the rate of 1,685 per thinks they should; communities everywhere Senator Martin Looney, who introduced a bill to motivating activists to challenge all validity of 100,000, Latinos at 3,192 per 100,000 and need a sponsorship program for people coming African Americans an astounding 11,695 per out of prison. “I know that I needed someone; 100,000. Today, there are 7 million Americans prisoners soon to be released could definitely incarcerated, on parole or probation. use the assistance of someone who’s been To cap the afternoon, a film — American there,” she insists. “I feel it is our responsibility Drug War: The Last White Hope — was shown, to help one another cause no one else will.” captivating the audience with revelations of US For comments, encouragement, advice or involvement in supplying cocaine to the streets help to offer you can correspond with our office of urban America where eventually the crack or by email with Kathryn: epidemic took hold and devastated the lives of [email protected]. millions of Americans. The film depicted “Finding my soul-mate and recently giving congressional hearings held in Washington DC birth to a beautiful baby girl (Midori) has made in which former CIA and DEA agents and former me realize that dreams do come true; anyone presidents were questioned about their can change, something I did a lot of while in involvement in supplying the neighborhoods of prison, and why I feel so strongly about this Los Angeles with cocaine and then arresting the subject! We are entirely different people as we people who sold and used it. age. There is a huge difference from being 24 The drug policy conference was hosted by and now 37! Maturity means something, and People Against Injustice, a New Haven based it’s about time our lawmakers realize this,” grassroots organization seeking criminal justice emphasizes Kathryn. and prison reform. Sponsors were Yale SLAM, (Editor: Kathryn dedicates this story of Yale Students for Sensible Drug Policy, and successful reentry to her daughter, Breeanna November Coalition. Elwood, who graduated as valedictorian, the (Editor’s Note: Barbara Fair, director of top of her 2007 class, despite losing both People Against Injustice, steadfast criminal mother and father to prison; Lourdes Aragon justice reform activist and longtime November for doing a lot of time with dignity; and the late volunteer, lost her mother in late July 2009. The Kathryn Elwood is second from left, back row in this photo reprinted from the May/June 2000 issue of The Razor Wire. The women pictured were serving a combined total of 227 years at the federal prison camp Claudell White, “one person who didn’t belong November Coalition extends our heartfelt in Phoenix, AZ. in prison, the sweetest person I have ever met.”) Drug Policy Conference, Yale University’s Dwight Hall Chapel, Saturday, May 2, 2009 sympathies to Barbara and her family.)

PAGE 18 www.november.org November Coalition - The Razor Wire November Coalition - The Razor Wire www.november.org PAGE 7 “Traffic” Actor’s Son Could August 8, 2009 — Huffington Post (US) In the with opioids in such a way as to improve pain In the relief “. Face Life in Prison The Five Stages of Grief over Obama’s Drug Policies Source: NORML Blog (US) at The Academy Award winning film Traffic BY STANTON PEELE, ADDICTION EXPERT, PSYCHOLOGIST, RACONTEUR News www.blog.norml.org starred Michael Douglas as the US Drug Czar, a man who struggled with the futility of the drug ike the stages people who experience grief Nadelmann, director of the Drug Policy Alliance a cop’s. And yet he seems to reflect Obama’s Afghanistan: Opium Haul Just war and his own child’s drug addiction. Now, in Use Pot? No Transplants due to a personal tragedy pass through, and the country’s leading reform advocate, position on reform. a Hill of Beans an example of life imitating art, Douglas’ real- people concerned about modifying American declared himself “cautiously optimistic” due to Where oh where are you Mr. President? In a disturbing trend, another patient has life son Cameron, 30, could be facing life in drug policies have dialed through these five Kerlikowske’s middle-of-the-road stance, even Hoping against hope that Kerlikowske is going British soldiers engaged in Operation died after being denied a liver transplant due prison on drug charges. stages since Barack Obama was elected as he was disappointed that Obama had rogue, the Drug Policy Alliance has started a Panther’s Claw, the huge assault against to marijuana use. Cameron Douglas was arrested at a President of the United States: chosen a law enforcement officer rather than a letter-writing campaign to the President asking insurgent strongholds, discovered a record- Hawaii resident Kimberly Reyes was Manhattan hotel on July 28, and faces a 1. Unbounded enthusiasm. Drug reform public health advocate to be Drug Czar. him to reassert the progressive views he had diagnosed with hepatitis in March 2008 and told breaking haul of more than 1.3 tons of poppy mandatory minimum of 10 years in prison and advocates, along with other progressives, were 4. Euphoria. Not all drug policy change previously endorsed, and to rein in his she had less then a year to live. Her family seeds, destined to become part of the opium a maximum period of life for two counts of wild with anticipation when Barack Obama was originates in the Office of National Drug Control recalcitrant Drug Czar. claimed she had followed doctor’s orders, but crop that generates $400m a year for the possessing and distributing forms of elected President. Aside from his remarkable Policy. And a number of local and state Of course, it seems unlikely that a control her insurance carrier denied the liver transplant Taliban. Ministry of Defense officials swung into methamphetamine. His “accomplices” were background and intelligence, he was extremely initiatives came to the fore, including continuing maven like Obama would really allow his Drug she needed to survive because toxicology tests action to extract the maximum benefit from this cooperating with the U.S. Drug Enforcement well-informed about drug reform initiatives — support by states for MM, some harm reduction Czar to repeatedly defy the President’s own showed trace amounts of cannabis in her unexpected PR coup. Administration, according to the complaint filed including clean needle programs, discrepancies measures, and — as the economic downturn inclinations in this area. system. Major Rupert Whitelegge, the commander in a Manhattan federal court. in sentencing for crack and powder cocaine hit hard — active contemplation of legalizing A more realistic scenario is that the According to Reyes’ attorney, toxicology of the company in charge of the area, tugged It was not the first brush with the law for (which punish minorities disproportionately), marijuana in order to tax revenues from its President — facing opposition to his key policies tests were the sole basis for denial of coverage at one of the enormously heavy white sacks on Cameron, who has several arrests for cocaine and noninterference with states that have massive sales in California and around the from not only red states and hard core for the 51-year-old mother of five. camera. possession and a 1996 bust for drunk driving. enacted medical marijuana (MM) statutes. country. Furthermore, the House Judiciary Republicans, but increasingly also independent Her family said Reyes had stopped smoking “They are definitely poppy seeds,” he said Reports also point to the good possibility that Moreover, he called the war on drugs an “utter Committee eliminated the crack/powder voters and moderate Democrats — is unwilling failure.” cocaine sentencing disparity. Although he to forge ahead on drug reform. Liberalizing marijuana “years ago,” but recently took a few emphatically. he has a severe addiction problem. 2. Anxiety. During the run-up to Obama’s pushed none of them, these actions were all policies towards currently illicit drugs would hits of marijuana to relieve feelings of nausea, Whoops. Analysis of a sample carried out Source: Reuters News Services. selection of a Drug Czar, a name often consistent with Obama’s enunciated positions strike Americans as intensely alien — even as disorientation and pain. That moment of by the UN’s Food and Agriculture Organization in Kabul for the Guardian has revealed that the mentioned was Jim Ramstad, former on drugs. young and old Americans are turning more and indiscretion apparently cost Reyes her life. FL Gov. Signs Rachel’s Congressman and a recovering alcoholic who 5. Disillusionment. But, from the start, more to prescription pharmaceuticals for their In May of 2008, Seattle musician Timothy soldiers had captured a giant pile of mung beans, a staple pulse eaten in curries across Law on Informants opposed all major drug reforms (e.g., needle Kerlikowske sounded like anything but a drug highs (and lows), so that there is increasingly Garon, 56, also died after being turned down exchange, methadone maintenance). Why reformer. Shortly after his installment as Drug little space between substances deemed “illicit” Afghanistan. Embarrassed British officials have With the parents of a slain police informant for a liver transplant. He was rejected partly would Obama even consider such a Czar, he brashly announced that any type of and “legal.” now admitted that their triumph has turned sour looking on, Florida Gov. Charlie Crist signed a because he had used marijuana, even though Neanderthal, his supporters wondered. Where drug decriminalization would be “waving the But Obama is not committed enough to drug and have promised to return the legal crop to he was an authorized medical marijuana user law in May that will require police departments was he coming from in all of this, they asked white flag” and that the “legalization vocabulary policy reform to incur the symbolism taking any under Washington State law. its rightful owner. to adopt policies to protect people like their themselves through sleepless nights. doesn’t exist for me and it was made clear that steps towards liberalization would convey. Can Sources: Hawaii Tribune-Herald and Los The haul also fooled Colonel General daughter. 3. Cautious optimism. Instead, the President it doesn’t exist in President Obama’s you imagine what the Congressional hearings, Angeles Times Khodaidad, Afghanistan’s minister of counter- The bill was named after Rachel Hoffman, selected Gil Kerlikowske, who was not known vocabulary.” Since then, belying his own state’s town hall conflagrations, and shrieking of narcotics, even though the spherical black a 23-year-old Florida State graduate who was for being out front in reforming drug policies as policy and Obama’s and Attorney General Eric people calling “I want my country back” would Pain Clinics Policing beans, about the size of small ball bearings, coerced into helping the Tallahassee police after Seattle Police Chief, but who also didn’t fight Holder’s statements, Kerlikowske has be like if he tried? American prudery about looked nothing like poppy seeds. When shown being caught with some marijuana and pills. the city’s needle exchange program and low consistently maintained that marijuana has no drugs, alcohol and whatever else will not be Patients for Med MJ the mung beans by the Guardian, he said they She was shot to death in a botched drug sting priority on marijuana possession enforcement, medical value. All in all, Kerlikowske’s reversed any time soon. There are a growing number of med mj were a strain of “super poppy”. that began May 7, 2008, and two men are now nor Washington state’s MM laws. Ethan orientation towards drug policy seems like, well, Source: Huffington Post (US) patients who are being refused opoid The sacks totaled 1.3 tons of mung beans, charged in her death. medication because of their marijuana use. with an estimated street value of $1,300. Her parents pushed for the legislation. The NORML has received a surge of complaints Source: The Guardian (UK) new law will also require police departments I Got Published! within the last six months. Many medical to: train officers who recruit confidential marijuana users report that they can’t find a US Targets 50 Afghani informants, tell informants they can’t promise JUNE 22, 2009 — TAMPA TRIBUNE (FL) clinic willing to take them on, while others have a reduced sentences in exchange for their work, Prisoners: been abandoned by clinics that suddenly Traffickers for Death and allow informants to consult with a lawyer if Drug War Fills Prisons adopted aggressive drug-screening policies. A congressional study released in August they ask. The reason for Florida’s prison growth is bad public policy, not because there are more Floridians, and not Get The Facts! “I must have heard of 25 cases this year,” reveals that US military forces occupying Hoffman’s parents had wanted even Afghanistan have placed drug traffickers on a because Floridians have grown more violent (“New law Doug Hiatt, an attorney in Washington state, stronger language in the bill, including barring gives prisons sensible out,” Our Opinion, June 15). told NORML. “It’s Jim Crow medicine.” “capture or kill” list. The list of targets had police departments from using people in According to the U.S. Department of Justice, Florida’s end us a copy of your Many clinics and doctors claim that the DEA previously been reserved for leaders of the substance abuse programs as drug informants, prison population has been growing 2.5 to 3 times as fast published editorial or letter — requires them to drug test all their clients, that “ insurgency. and/or using nonviolent offenders in work as Florida’s population, and shows no sign of leveling you’ll receive a free copy of it is the law”. In fact, there is no law requiring The addition of drug traffickers to the hit list involving suspects with violent histories. Police off. In 1980 Florida had very few drug prisoners; now they comprise about 20 percent of our prisoners, many the 5th Edition of Drug War Facts! clinics to drug screen patients for marijuana. means the US military will now be capturing or departments opposed those provisions. for marijuana. Just as bootleggers became tax-paying (Published by Common Sense for “It’s BS,” says Hiatt. “Not a single case is known killing criminal — not political or military — foes Both provisions would have excluded businessmen when alcohol prohibition ended, so would Drug Policy, and continuously in which pain doctors have been sued or without benefit of warrant or trial. Hoffman — a nonviolent offender in treatment grow-house operators. updated at: www.drugwarfacts.org) prosecuted for allowing medical marijuana use The following passage bluntly spells out the — from the undercover operation she Every day Floridians see reports of “grow-house” along with opiates.” lengths to which the military is prepared to go participated in. busts. Florida’s war on marijuana is a costly disgrace, Another spurious claim is that mj and opoids to complete its new anti-drug mission in Source: Associated Press (US) sold to voters by the same politicians who now would marginalize prisoners further from the mainstream by are somehow more dangerous in combination. Afghanistan: “In a dramatic illustration of the new policy, major drug traffickers who help sending them out of state. Better solutions to overcrowded According to Dale Gieringer, Director of CA Mexico Decriminalizes ALL prisons can be found, but they require imagination, a NORML, the opposite is actually true – finance the insurgency are likely to find quality lacking in Tallahassee these days. supplementing pain meds with medical themselves in the crosshairs of the military. Drug Possession John Chase, Palm Harbor, FL marijuana can actual reduce the dosages of Some 50 of them are now officially on the target A bill that decriminalizes the possession of A Project of Common Sense for Drug Policy list to be killed or captured.” the more dangerous opoid drugs, and studies small amounts of drugs for personal use in www.csdp.org indicate that “cannabis interacts synergistically Source: Drug War Chronicle (US) Mexico is now the law of the land, although it

PAGE 8 www.november.org November Coalition - The Razor Wire November Coalition - The Razor Wire www.november.org PAGE 17 will not go into effect for one year to give states Breath Mints Land No Risk in Hiring California May Have Tough Battle Ahead if it Appeals time to adjust their laws. It was published Thursday in the Official Daily of the Federation, Florida Man in Jail Ex-Offenders Order to Reduce Prison Population the Mexican equivalent of the Federal Register. Donald May is suing the Kissimmee, Florida A study funded by the Justice Department According to the new law, the amounts of Police Department for a 2009 false arrest and concludes that non-violent ex-offenders pose federal court’s sweeping order (in early of a minority, the courts can, and must, vindicate inmate was dying needlessly every six or seven various drugs decriminalized for personal use three months imprisonment over breath mints. no greater risk to employers than job candidates August 2009) forcing California to cut those rights.” days, suggested the state had a variety of are: When officers pulled him over for an expired in the general population. its prison population by 40,000 inmates In separate interviews Wednesday, Matthew options that would not threaten public safety, • opium — 2 grams tag, they thought the mints he was chewing In a review of 88,000 arrestees in New York may have been as predictable as it was Cate, secretary of the Department of including: using good time credits for early • cocaine — 1/2 gram were crack cocaine and arrested him. May told state, Carnegie Mellon University investigators dramatic, a judicial thunderbolt state officials Corrections and Rehabilitation, and Attorney release of inmates; diverting inmates who • heroin — 1/10 gram Central Florida’s WFTV News they wouldn’t let found, for example, that after about 7 1/2 years should have seen coming for nearly two General Jerry Brown appeared to back an violate parole out of the prison; shifting low risk • marijuana — 5 grams him out of jail for three months until tests proved the “hazard rate” for an 18-year-old first-time decades. appeal to the Supreme Court. “Federal courts offenders serving short sentences to other • LSD — 150 micrograms the so-called drugs were candy. arrestee for robbery declined to the same rate While putting Gov. Arnold coming in and putting a cap on the inmate programs; and adopting sentencing reforms. • methamphetamine — 1/5 gram “He took them out of my mouth and put them as an 18-year-old in the general population. Schwarzenegger’s administration on the clock population is just too strong of a solution to the Republican lawmakers and others have • ecstasy — 1/5 gram in a baggy and locked me up [for] possession Hazard rates are calculated based on the to come up with a plan to cure prison problem,” Cate said. criticized the ruling, saying it would jeopardize The decriminalization measure is part of a of cocaine and tampering with evidence”, May time the suspect remains free from re-arrest. overcrowding within 45 days, the decision by a Prisoner rights lawyers, as well as legal public safety. Cate and Brown are miffed the broader bill aimed at reducing “narcomenudeo,” said. The study says ongoing research could unique three-judge panel was the product of experts, say even the conservative Supreme court did not consider what they say are or retail drug sales. The bill would allow states The officer claimed he field-tested the ease employers’ concerns about hiring former 27 years of legal fights over California’s ever- Court may be skeptical of the state’s position, improvements in the last several years in prison and localities to prosecute small-time drug evidence and it tested positive for drugs. offenders. With more than 600,000 people swelling prison system. It also follows more than given the lengthy legal battle over California’s medical and mental health services, a point they dealing offenses, a power that currently resides “While I was sitting in jail I lost my apartment. expected to be released from prisons this year, a dozen previous orders warning the state that prisons. Tuesday’s ruling stemmed from two plan to make to the Supreme Court. only with the federal government. It also allows I lost everything,” May explained. While May some criminal justice analysts say the research prison conditions had reached a bleak level of separate lawsuits, one a 1990 challenge to “It is hard to say how spending more on police to make drug buys to build cases, a break was behind bars, the Kissimmee Police marks an important step to changing the unconstitutional conditions. mental health conditions in state prisons and prisoner health care than anywhere in the world with precedent in Mexico. Department towed his car and auctioned it off. perception that the criminal justice system is a As a result of the prison system’s checkered the other a 2001 suit over inmate medical care. is cruel and unusual,” Brown said. “That’s why Whether the overall bill is a step forward or He also lost his job and was evicted. Now May revolving door. history responding to court orders, state officials “These judges have been extremely careful that appeal is probably necessary.” Legal a step back is open to debate. wants to be compensated for the loss of his Source: USA Today (US) may have a tough time defending themselves to give the state more than enough opportunity experts, however, say the Supreme Court is Source: Drug War Chronicle (US) car and job. if, as expected, the state follows through with to demonstrate it had the ability on its own to likely to be less focused on the factual findings plans to appeal the ruling to the U.S. Supreme bring its medical and mental health system into of the judges and more on whether they Court. An appeal to the high court would set up compliance with the constitution,” said Kara exceeded their authority under the 1995 Prison September 20, 2009 — Washington Post (DC) an unprecedented test of the power of the Dansky, executive director of Stanford law Litigation Reform Act, which limited prison- federal courts to issue such a sweeping school’s criminal justice center. related lawsuits but included exceptions when The Day the SWAT Team Came Crashing Through My Door mandate under a 1995 law designed to curb Lawyers for inmates say the state has overcrowding creates intolerable problems. the federal judiciary’s oversight of state prisons. essentially been on notice since 1995, when a “If there ever was a case that fits under this BY CHEYE M. CALVO, MAYOR OF BERWYN HEIGHTS, MD In the 184-page ruling, the three judges went federal judge found after a trial that the state’s law, this is it,” said Donald Specter, director of to great lengths to emphasize how much time mental health care was constitutionally the Prison Law Office and a lead lawyer for the remember thinking, as I kneeled at gunpoint support, resources and a story to tell the media. the law or, at a minimum, even acknowledges California has had to solve its prison mess, and inadequate, just as a host of new tough-on- inmates. with my hands bound on my living room floor, What confounds me is the unmitigated it. why that warrants an order that would cut the crime measures were pushing the prison Source: edited for length from San Jose that there had been a terrible, terrible mistake. refusal of county leaders to challenge law Finally, and perhaps most disturbing of all, inmate population from about 150,000 to population well over 100,000. Corrections Mercury News (CA), August 6, 2009, by Howard An errant Prince George’s County SWAT enforcement and to demand better — as if civil county police may be lying to cover up their civil 110,000 in two years. “Unfortunately,” the officials have been scrambling to comply with Mintz. Full ruling referenced at team had just forced its way into our home, shot rights are somehow rendered secondary by the rights violations. A county officer on the scene judges wrote, “where the political process has court orders ever since. www.caed.uscourts.gov/caed/Documents/ dead our two black Labradors, Payton and war on drugs. told Berwyn Heights police a fabricated tale to utterly failed to protect the constitutional rights This week’s ruling, noting that by 2005 an 90cv520o10804.pdf Chase, and started ransacking our belongings Let me give you three specific concerns justify the warrantless entry of our home. The as part of what would become a four-hour underscored by our case. lie disappeared after they learned that I was the ordeal. First, the Prince George’s Police mayor. Charges of a police coverup are hardly The police found nothing, of course, to Department’s internal affairs division is broken. unusual, but there is significant evidence that California Wants to Jail California Citizens Offer Their connect my family and me to a box of drugs When the Justice Department released the county law enforcement engaged in a that they had been tracking and had delivered county police from federal supervision in conspiracy on our lawn to justify an illegal entry. MORE Drug Offenders Own Budget Solution to our front door. The community — of which I February, the internal affairs function was the Nothing strikes at the heart of police credibility What are these people smoking? In mid-August, two days before the state Legislature convened to address am mayor — rallied to our side. A FedEx driver one area that was not cleared. Internal affairs like creative report writing and false testimony California faces near bankruptcy this year. Federal judges have prison reform, a coalition of the ACLU of Northern California, Books Not and accomplice were arrested in a drug division (IAD) investigations were required to to cover up a lie or even put innocent people ordered the state to reduce its prison population by any means. Bars, the Drug Policy Alliance and Families to Amend California’s Three trafficking scheme. Ultimately, we were cleared take no longer than 90 days. More than a year behind bars. Swift and serious consequences The vastly overcrowded state prison at Chino exploded in violence Strikes proposed a “people’s budget fix” at the state Capitol. State Sen. of any wrongdoing, but not before the incident after our ordeal, my family awaits the IAD report are the best deterrent. in early August due in no small part to serious overcrowding. Leland Yee (D-San Francisco), and Assemblypersons Nancy Skinner (D- drew international outrage. on what happened at our home. The statute of In fairness, some good has come from the So of course, the Schwarzenegger administration is set to vote Berkeley), Tom Ammiano (D-San Francisco) and Jim Beall Jr. (D-San Jose) This was 14 months ago. We have since filed limitations for officer misconduct is 12 months, incident. State leaders have passed legislation on increased funding to police anti-drug units, potentially putting spoke to about 100 people in favor of reducing state prison overcrowding suit, and I am confident that we will find justice which means that any wrongdoers are off the that will provide statewide oversight of SWAT even more non-violent offenders behind bars. and spending, and improving public safety. more quickly than most. hook. teams — a first-in-the-nation law that will shine The California Emergency Management is deciding whether to “What we hope to do is get key legislative support for an alternative, Yet, I remain captured by the broader Next, there is significant evidence that the a light on the troubling trend of paramilitary channel $33 million in federal money to narcotics task forces around modified version of the governor’s prison proposal,” said Zachary Norris, implications of the incident. Namely, that my county is broadly violating the Fourth policing. the state that have proved “particularly adept at apprehending drug director of the Books Not Bars program. Before entering the Capitol, Natasha initial take was wrong: It was no accident but Amendment, which protects against Yet, the wagons have circled in Upper criminals”. Money also would go to marijuana-suppression efforts. Minkler, death penalty policy director for the ACLUNC, and Annette Summers rather business as usual that brought the police unreasonable search and seizure. After initially Marlboro. The response is textbook: Law Critics say that money should instead be directed to drug- of FACTS spoke with coalition members in part on the research-based to — and through — our front door. claiming a “no-knock” warrant to forcibly enter enforcement stands its ground and concedes treatment programs whose funding has been sliced amid California’s weaknesses of the state’s current penal system. The coalition spent the In the words of Prince George’s County our home, county police acknowledged that they no wrongdoing — and elected officials burrow budget woes. The Drug Policy Alliance estimates that the increase afternoon meeting with 20 Democratic lawmakers and their staff members. Sheriff Michael Jackson, whose deputies carried did not have one. But they went on to contend their heads in the sand. could yield 13,000 arrests during the coming year, resulting in prison The “people’s budget fix” coalition’s proposals to save $1.2 billion in prison out the assault, “the guys did what they were that there is no such thing as a “no-knock” As an imperfect elected official myself, I can time for nearly a quarter of those apprehended, at a cost of $160 spending range from converting dozens of nonviolent offenses to supposed to do” — acknowledging, almost as warrant in Maryland. But this isn’t true. A understand a mistake — even a terrible one. million. Funding for drug treatment programs was slashed roughly misdemeanors, handling petty drug offenses at the local level, maintaining an afterthought, that terrorizing innocent citizens statewide “no-knock” warrant statute was But a pattern and practice of police abuse in half from $120 million two years ago, and faces more dramatic recidivism-reduction programs, replacing the death penalty with life without in Prince George’s is standard fare. The only passed in 2005. Effectively, the county is treated with utter indifference rips at the fabric cuts in the coming year. parole and reforming the “three strikes” law. difference this time seems to be that the victim denying the existence of state law. We can’t get of our social compact and virtually guarantees Source: Los Angeles Times (CA) Source: Truthout (US) was a clean-cut white mayor with community the county to say whether it has ever followed more of the same.

PAGE 16 www.november.org November Coalition - The Razor Wire November Coalition - The Razor Wire www.november.org PAGE 9 April 2, 2009 — Truthout (US) scaremongers — neither presidential candidate tenure — from drug law reform to the restoration has spent the last few years unraveling the played the tough-on-crime card. It was a of judicial discretion in sentencing, from parole tangled web created by the 1970s-era The Fall of the Presidential Pardon nonissue for most voters and thus for the reforms to different approaches to gangs, border Rockefeller drug laws. Michigan, Louisiana and candidates. In fact, recent Zogby polling patrol, prison architecture and the like. Webb has several other states have also scaled back their BY MAYA SCHENWAR, TRUTHOUT commissioned by the National Council on Crime been pushing for systemic criminal justice reform harshest mandatory drug sentences. The State n the last throes of the Bush presidency, many nonviolent lifers see the advent of the Obama asked her if she knew anyone who wanted to buy and Delinquency suggests that close to eight in for years; in 2009, he believes, it will acquire legs. of Washington is looking at how to redefine low- reporters and citizens alike waited restlessly for presidency as a ray of hope. His message of drugs. With that one short call, Jones was swept ten Americans favor alternatives to incarceration During a telephone interview for this article, end drug and property crimes as misdemeanors the announcement that many were sure would change and his immediate action toward closing up in a massive, high-profile string of drug raids for low-level nonviolent offenders. Another Zogby Webb said that President Obama “has personally rather than felonies. And in Michigan, which come: the long list of pardons for administration the military prison at Guantanamo Bay are careening through her community, spearheaded poll, from last fall, found that just more than three- called me on this, and he’s very supportive of allows a $100 theft to trigger a four-year prison officials at risk of prosecution, GOP pols mired in optimistic signs for Danielle Metz, a first-time by actor Chuck Norris. Now her only hope is quarters of Americans felt the “war on drugs” was the idea of moving forward.” Across the aisle sentence, legislators are pushing to make the scandal (hello, Ted Stevens) and white-collar nonviolent offender serving three life sentences presidential clemency. a failure. The sea change in public opinion holds many Republican senators, including senior threshold $1,000 instead, so as to reduce the criminals with lucky Bush links. The list never plus 20 years for cocaine conspiracy. “There is no relief for me coming from the in California too. In late March the Los Angeles figures like Lindsey Graham, have also number of low-end offenders pushed into long- arrived. The former president issued a mere two “In his first week in office he talked about closing courts,” Jones told Truthout. “At the present time I Times ran a column asking readers their opinion expressed support for the idea. term incarceration and hobbled for life by felony commutations on his last day in office, both to down Gitmo,” Metz told Truthout. “Mr. Obama am working on advocates to help me support my on marijuana legalization. So far 4,927 people The bipartisan backing for Webb’s convictions. border agents convicted of assaulting a Mexican doesn’t like their policies there, so, he’s going to commutation.” have replied, and 94 percent of them favor commission is partly a response to the escalating Meanwhile, correctional system drug dealer. do something to change that. I look at that as Unlike most other components of the checks- legalization. A Field Poll in April found that 56 drug-and-gang crisis south of the border. There’s administrators in Georgia, Illinois and Arkansas Although all recent presidents have granted few something positive for me. I feel once the president and-balances system, the pardon is ultimately percent of Californians favor legalizing and taxing a growing recognition in US policy and law have started the long, hard task of reforming their pardons, Bush’s rate was exceptionally low. He tied gets around to taking care of everything he has to controlled by only one factor: the president’s word. pot. enforcement circles that government systems from within even without a new with his father for the lowest-ever percentage of for the American people, he’ll do what he can for According to the recent CRS report, the president The new atmosphere is most apparent vis-à- dysfunction, phenomenal levels of street violence consensus emerging on the issue. granted pardons (conviction reversals) — 9.8 the people who are still in the US judicial system can grant pardons at any time, before or after a vis the Obama administration’s move away from and the rising power of drug cartels are Howard Wooldridge, a retired police detective percent — and he granted an astonishingly tiny with lengthy sentences like myself.” sentence is served — or even before charges have “war on drugs” rhetoric and toward a harm- threatening to move from being a Latin American from Bath, Michigan, who advocates in DC for number of requested commutations (shortened As the Obama administration comes into its been pressed. He or she can also grant clemency reduction strategy. Gil Kerlikowske, the new head problem to one that destroys the integrity of the criminal justice system reform, says the moment sentences): 0.012 percent. own, federal prisoners and justice policy experts to a large group. Theoretically, the president could of the Office of National Drug Control Policy, has Mexican state and risks spilling over more heavily is ripe for change. “I’ve been doing this for twelve Bush’s abstinence on the pardon front had alike are hoping he’ll resurrect the presidential pardon all prisoners serving time for marijuana made it clear that he prefers treatment over into the American Southwest. Nobody, no matter years, and this is by far the most perfect storm.” some of his friends grumbling (Dick Cheney pardon, returning it to its intended place as a critical possession, or commute the sentences of all punishment for drug users, a preference he their political stripe, wants the Tijuana-ization or America isn’t about to abandon all of its complained, poetically, that the president had left piece of the grand puzzle of the judicial system. nonviolent drug offenders who have served more brings from his time as a reform-oriented police Juárez-ization of Phoenix or Los Angeles, of San “tough on crime” tenets. Nor should it in all Scooter Libby “hanging in the wind”), but it was a Pardon’s Potential than 10 years. chief in Seattle. Putting money where its mouth Diego or El Paso. instances. The three-strikes law will likely remain relief to many of his critics. The word “pardon” Pardon was not originally intended as a In this line, Abraham Lincoln pardoned all is, the new team has increased funding for the “It really is a serious problem in this country,” in place for violent offenders, as will the growing conjured up images of Libby, Stevens and GOP backdoor exit for the president’s convict friends. Southern rebels who returned their allegiance to Bush-era Second Chance Act, intended to Webb argues. “The transnational gangs or body of laws limiting where sex offenders may Congressman-turned-felon Randy Cunningham — According to a recent Congressional Research the union after the Civil War. He also pardoned or connect released inmates with community syndicates are bringing a tremendous amount live. Violent crimes will probably continue to not the thousands of nonviolent offenders Service report, the power to grant clemency was commuted the sentences of a number of union services such as housing, family counseling and of drugs into this country.” trigger longer sentences than they did before the languishing in federal prisons across the country. included in the Constitution to make room for military offenders, such as soldiers sentenced to addiction treatment. Support is also growing for To get a handle on that problem involves get-tough movement. And while some inmates However, although Bush disappointed some individual cases served badly by the justice system. death for desertion or sleeping on the job. the creation of more drug and mental health thinking of ways to neutralize these gangs, which will qualify for early release, many sentenced to guilty crony hopefuls with his meager list of pardons James Iredell, one of the original Supreme Court Lincoln’s pardons serve as an example of courts across the country. Finally, there are the inevitably leads to a discussion of partial drug long terms at the height of the tough-on-crime and commutations, he disappointed a far greater justices, stated in an address, “There may be another purpose for pardons besides simply the promises being made by drug policy leaders in decriminalization or legalization. Why? Because years will stay in prison. But out of economic number of long-serving prisoners with no other instances where, though a man offends against granting of mercy: They boosted the country’s Washington that state medical marijuana laws once the drug market is no longer confined to necessity and because of shifting mores, the hope of release. An ever-growing percentage of the letter of the law ... peculiar circumstances in morale and inspired rebel soldiers to return their will be respected rather than trampled, as they the shadows — once it is regulated and taxed, country will likely get more selective, and smarter, the US’s 2.3 million prisoners — including more his case may entitle him to mercy.” loyalty. Lincoln used the pardon as a political tool. have been for more than a decade. as alcohol was after Prohibition ended in 1933 about how it uses incarceration and whom it than half of the 200,000 inmates in federal prison According to Margaret Colgate Love, who The president’s use of the pardon power can A related issue involves the infamous — the violence that accompanies struggles for targets for long spells behind bars. — are drug offenders, many of them charged on served as US pardon attorney from 1990 to 1997, also make policy statements and demonstrate the discrepancy in sentences for crack- versus control of that illicit market will disappear. After This will be especially true for drug policy — vague counts of “conspiracy.” Since parole was pardon plays an integral part in the framers’ system administration’s priorities. powder-cocaine crimes. Vice President Biden years of denying this truth and assuming that the multi-tentacled beast that’s sucking most abolished on the federal level in 1987, drug of checks and balances. “Historically, pardon has played a policy role in was one of the architects of these laws — which the country could incarcerate its way out of the people into jails and prisons. There, profound prisoners serving drastic sentences are told to “The fact is that the federal sentencing scheme raising awareness of shortcomings in the law in is why his repudiation of them in recent years drug-abuse epidemic, a number of American changes are likely to develop over the next few apply for a presidential pardon: It’s their only option. assigns a central role to pardon, if only by default, the context of a particular case,” Love writes. “Used has been so significant. The day after Obama’s politicians, Webb included, are touting that years. And when it comes to the mentally ill, Take Clarence Aaron, a nonviolent drug because it provides no other way to take a second wisely, the pardon power can reveal flaws in the inauguration, the president’s website mentioned seemingly paradoxical fact. Want to get really momentum continues to build around mental prisoner denied clemency by Bush. Aaron was a look at sentences that have become final, or to legal system, influence attitudes and build the importance of eliminating these tough on crime? Well, do the smart thing: start health courts designed to get people medical and 23-year-old college student in 1993 when he was release a federal offender from the collateral consensus for change.” discrepancies — as well as of promoting needle- working out ways to neutralize the drug cartels, counseling help rather than simply to shunt them convicted of drug conspiracy, for introducing two consequences of conviction,” Love writes in her Pardoning prisoners like Aaron, Metz or Jones exchange programs and expanding the nation’s start talking about at least limited forms of off to prison. States like Pennsylvania are starting major traffickers and being present during the 2007 report, Reinventing the Presidential Pardon could cast a sharp light on all prisoners serving life embryonic network of drug courts. The House decriminalization or legalization. to develop parallel institutions to deal with transaction. He was handed three federal life Power. “No legal system should have to rely on sentences for nonviolent drug charges, calling into recently held hearings on the sentencing It is, Webb argues, “a fair issue for this mentally ill people who run afoul of the law. Many sentences — no parole. executive clemency to do justice, but ours does.” question the practice as a whole. discrepancy issue. commission. Every piece of it should be fair other states will likely follow suit in the near Aaron submitted a petition for commutation of Metz agrees: Despite her nonviolent-first- The Fall of the Pardon For Margaret Dooley-Sammuli, deputy state game.” future. Forty years after deinstitutionalization, a sentence in 1999. He waited nine years for an offender status, she’ll remain in prison for life unless Throughout most of US history, according to director of the Drug Policy Alliance in Southern For an administration like Obama’s that prides new consensus is emerging that prisons became answer, waking up each morning hoping he might a commutation or pardon comes to the rescue. Her Love, the pardon was used frequently. Only in California, sacrosanct legislative underpinnings itself on thinking outside the box, systemic drug an accidental, de facto alternative to mental soon be free. Meanwhile, he was featured on the absurd sentence is the result of poverty, racism, recent years has it acquired its shady reputation of the “war on drugs” are starting to look like the policy reform is an intriguing prospect. An hospitals, and that very little good has come from Frontline documentary Snitch, about the drug war negligent public defenders and an ingrained pattern — a development that coincided with a marked Berlin Wall, “up one day and down the next” — increasing number of law enforcement people that development. policy of rewarding informants and severely of unjust sentencing practices, she says. drop in the use of the power. From FDR’s seemingly impregnable; in reality, utterly fragile. and judges have also decided that this is an idea “I believe that we have a compelling national punishing those whose names they drop, “My lawyer never was on my side to begin with,” presidency until the Reagan administration, the Over the past few years, an increasing number worth running with. interest,” explains Senator Webb, referring to sometimes regardless of guilt. Metz said. “Had he been on my side this never grant rate for pardons was always 30 percent or of localities have dabbled in ways to simply walk “I’ve never seen so much interest,” says systemic criminal justice reform. “That’s a term “I was advised through my attorney [to request would have happened. My story is like a lot of higher. In the years since, a “tough on crime” away from the “war on drugs.” Initiatives in retired Orange County superior court judge that is carefully chosen. This is a national a pardon],” Aaron told Truthout. “We were very stories you see, but can’t really put a face on. In mentality has increasingly pervaded politics and several states and cities, including Denver; James Gray, who has been advocating marijuana commission, but it should not be limited to looking hopeful due to the circumstances surrounding my communities where I’m from this type of thing the public mindset, and the pardon rate has Missoula, Montana; Albany County, Oregon; and legalization since the early 1990s. “My phone is at the federal prison system. You have to look at case, and the fact that I was a first-time nonviolent happens all the time.” dropped accordingly, according to Tekla Lewin of Seattle have mandated that law enforcement ringing much more than it ever has before.” the whole picture and then boil it down into offender.” Although in theory, sentencing guidelines mean Citizens United for the Rehabilitation of Errants. agencies deprioritize marijuana arrests. Several “We need to ask, Is there a more sensible resolvable issues.” On December 23, 2008, after a Bush- equal time for equal crimes, cases like Metz’s are “Politicians and the media have spent decades cities have begun needle-exchange programs. approach?” argues Norm Stamper, who, like Sasha Abramsky, a freelance journalist and administration-long wait, Aaron received notice: His not uncommon: multiple life sentences laid down hyping crime as the worst problem society faces, And states like California have passed citizens’ Kerlikowske, is a former chief of police of Seattle senior fellow at Demos, is the author, most petition had been denied. After a year, he may for drug “conspiracy” charges, sometimes for demonizing criminals as utter scum and initiatives mandating that first-time drug offenders who believes the criminal justice system is recently, of Breadline USA: The Hidden Scandal submit a new request and begin the waiting game schemes in which the defendant played only a encouraging an atmosphere of vengeance on be channeled into treatment programs in lieu of broken. “And the answer is prevention and of American Hunger and How to Fix It (PoliPoint). anew. peripheral role. criminals,” Lewin told Truthout. “I think that in part prisons. education and treatment.” Reprinted with permission from the July 6, “We believe that the justice system in our Former Texas restaurateur Sharanda Jones this is deliberate obfuscation on the part of many Then there’s Virginia Senator Jim Webb’s After decades of being on the defensive, 2009 issue of The Nation magazine. For country has not served me well thus far,” Aaron has spent the past ten years in prison for crack elites, to distract people from the really serious legislation creating a blue-ribbon commission on progressive criminal justice reformers suddenly subscription information, call 1-800-333-8536. said. cocaine conspiracy. Police intercepted a phone call problems people face, and that in part being ‘tough criminal justice reform, with a mandate to put all have a receptive audience. New York, which has Portions of each week’s Nation magazine can be With the stingy-pardoning Bush era in the past, in which a small-time-dealing friend of Sharanda’s on crime’ has been an easy vote-getter for questions on the table during its eighteen-month closed some of its prisons in the past decade, accessed at www.thenation.com.

PAGE 10 www.november.org November Coalition - The Razor Wire November Coalition - The Razor Wire www.november.org PAGE 15 July 2009 — The Nation (US) politicians.” discriminatory behavior, and was recently removed drug law violators were worthy of relief after the Crime-fighting’s “easy vote-getter” potential has from office following accusations of racism. A report 2000 commutations, but didn’t have the media The War Against the ‘War on Drugs’ a flip side: the enormous risk of losing votes if one by the department’s inspector general stated that exposure that the select few enjoyed.” is perceived as being lenient. Lawmakers are wary Pardon Attorney Roger Adams described a drug The case of Amy Ralston, the manager of an BY SASHA ABRAMSKY of the “Willy Horton effect,” so named for the inmate offender requesting a pardon as “about as honest LA promotional company who was convicted on who committed armed robbery and rape when as you could expect for a Nigerian.... Unfortunately, conspiracy charges after her estranged husband f that old adage still holds true, then the nation Assemblyman Tom Ammiano, a former San for every dollar it spent on corrections to a virtual released on a Massachusetts weekend furlough that’s not very honest.” was arrested for manufacturing ecstasy — got may soon see a gradual backpedaling from Francisco city councilman, is pushing just such dead-heat in spending. That puts it in the same program, severely damaging the presidential According to the inspector general’s report, enough publicity to put her on Clinton’s clemency the criminal justice policies that have led to a bill in the State Legislature. Yee wants to levy boat as Michigan, Vermont, Oregon, Connecticut campaign of Massachusetts Governor Michael “Adams’ comments — and his use of nationality in list. Her story was chronicled on 60 Minutes, on wholesale incarceration in recent decades. For fees on business owners applying for marijuana and Delaware — all of which, according to Dukakis. the decision-making process — were Court TV and in Glamour magazine. the most populous state in the union is on the licenses, impose an excise tax on sellers and estimates by the Pew Charitable Trust, spend According to Lewin, the “war on crime” dealt a inappropriate.” Considering most long-serving drug Ralston sought out publicity and support from verge of insolvency — partly because it didn’t charge buyers a sales tax. Do it properly, and as much or more on prisons than on colleges. blow to the concept of mercy, and thus to the offenders are minorities, Adams’s behavior calls influential people. She obtained letters backing her set aside a rainy-day fund during the boom years; the state could reap about $1.3 billion a year, California is also under federal court order to pardon. When vengeance is valued over into question the handling of the entire pardon clemency request from 16 politicians. partly because its voters recently rejected a she has estimated. “Marijuana is so easily implement costly improvements in the delivery compassion, appearing weak on crime is a risk not evaluation process in recent years. “I think Clinton picked my case because there series of initiatives that would have allowed a available. Why not regulate it like alcohol and of medical and mental healthcare services in many politicians are willing to take. “My Time Is Now” was a lot of pressure,” she told Truthout. “People combination of tax increases, spending cuts and tobacco?” she says, and gain additional tax prisons and to release close to a third of the Although there have been a smattering of Clemency applicants stress the lack of logic that were coming at him from all angles, including 60 borrowing to help stabilize the state’s finances revenue into the bargain? prison population — about 55,000 inmates — to clemency grants for drug offenders in recent years, seems inherent in the pardon system; the Minutes.” during the downturn; partly because it has spent Not so many years back, any public figure improve conditions for those remaining behind they don’t add up to a policy statement disavowing application process is partially just a game of risk. Ralston’s case matches Murlowski’s the past quarter-century funneling tens of billions who dared to advocate such reforms would have bars. the drug war — in fact, they may do the opposite, For George Martorano, the longest-serving characterization of clemency recipients: offenders of dollars into an out-of-control correctional been shunned by much of the establishment. It’s Schwarzenegger adamantly opposed that according to Tom Murlowski of the November nonviolent first offender in federal prison — and that are so widely publicized that, when granted a system. Now, as California’s politicians a measure of how much things have changed ruling by a three-judge panel. Now, though, in Coalition, a nonprofit organization that combats an author, yoga instructor and writing teacher — a pardon or commutation, they appear to be an contemplate emergency cuts to deal with a $24 that Yee and Ammiano’s proposal is being taken the face of fiscal calamity, he is proposing cutting drug war injustice. Murlowski points to President six-year pardon wait ended painfully in December. exception to the rule; the rare “good prisoner” billion hole in the state budget, old certainties seriously across the board. In fact, shortly after I the prison population by tens of thousands. Of Clinton, who commuted the sentences of 22 drug “I put in a request with Bush and it languished stranded among the masses that deserve to be are crumbling. met with Yee, Governor Arnold Schwarzenegger course, he is doing that not out of concern for offenders on his last day in office, following up on there for a good long time,” Martorano told Truthout. incarcerated. The state with the toughest three-strikes law — whose office declined my request for an inmates’ well-being, or out of a sense that many a handful of previous drug-related clemency grants. “The denial was handed to me on my birthday. Nice Dorothy Gaines, whose sentence was also in the land and a prison population of more than interview for this article — announced that the sentences are disproportionate to the crime, but “There were thousands of cases as deserving, birthday present. I can’t see why I didn’t get it. If a commuted by Clinton, has a similar story. She 150,000 is facing the real possibility of having to state should at least consider the merits of pot simply because the state can no longer pay its or more so, than the few that got released, and person like me doesn’t get it, who does?” describes how her case “caught fire”: an avalanche release tens of thousands of inmates early in legalization. He wasn’t advocating it, he was bills. Schwarzenegger believes he can save most of those drug offenders released were those However, Martorano and many other previously of media attention sparked a massive public outcry order to pare its $10 billion annual correctional careful to stress, but he did think the time was several hundred million dollars by releasing some that had some solid media support behind them denied applicants are planning to begin the process to “free Dorothy Gaines.” She was featured on budget. At the same time, an increasing number ripe to debate the issue. categories of inmates, in particular nonviolent — they had virtually all been featured in mainstream anew, with a president in office who may be more PBS’s Frontline and interviewed on NPR. Her case of the state’s political figures are challenging the “The budget is so bad now, the populism of offenders who are in the country illegally and media in some way,” Murlowski told Truthout. “Our sympathetic to their cause. Moreover, some drug became one of the “exceptions.” basic tenets of the “war on drugs,” the culprit the issue is beginning to work here in the stand to be deported upon early release. fear was that, when these few stories were featured offenders who felt a Bush-administration request “I consider myself blessed,” Gaines told most responsible for the spike in prison Legislature,” Ammiano says as he paces back To save money, he’s also talking about firing and, ultimately commuted, it sent the erroneous would be futile are now casting their clemency lot Truthout. “The day I was released, they told me populations over the past thirty years; they argue and forth in his office, toward the bookshelves hard-working guards (a far better, but costlier, message that these were isolated cases of drug with Obama. Sharanda Jones, the first-time that thousands and thousands of applications for that the country’s harsh drug policies are not with the four martini glasses and Golden Gate option would be to scale back the prison system war injustice, when the reality was a systemic nonviolent offender netted by the Chuck Norris clemency had come in [during the Clinton financially viable and no longer command Bridge bookends and then away again. On the and to retrain surplus guards to work in other injustice as a result of fundamentally flawed scheme, is one of these. administration].” majority support among the voting public. wall near the receptionist’s desk hangs a huge venues), and he’s asking for close to $1 billion policies.” “Several ladies here filed pardons with However, even a media spotlight doesn’t Similar stories are unfolding around the poster from the movie Milk. “Everyone thinks it’s in cuts to vital prison drug-treatment, education Leading up to Clinton’s final days, the President Bush,” Jones told Truthout. “All were guarantee a pardon or commutation. Clarence country; in Washington, federal officials are Cheech and Chong,” he says with a laugh, and job-training services. At the same time, since November Coalition led a campaign urging the denied within months. I feel my time is now.” Aaron, the drug prisoner saddled with three life talking about drug-policy reform and, more describing the marijuana legalization bill. “But this is all about shaving dollars off budgets rather president to call for a blanket release of nonviolent Mauer notes that, should Obama wish to revive sentences for introducing two traffickers, received generally, sentencing reform in a way that has there’s a lot of policy wonks” supporting it. than intelligent criminal justice system reform, drug offenders. However, Murlowski notes, such a the power of the pardon, he’ll need to spend some coverage from Frontline, The San Francisco not been heard in the halls of power for more “There’s very conservative support from the there’s no talk of investing in crucial re-entry move could prove “political suicide” in a country time laying the groundwork. One essential step: Chronicle and even Fox News. His clemency denial than a generation. oddest sources and locations.” The GOP chair infrastructure. where “toughness” is still the barometer when it educating the public. came as a brutal surprise. For old-time politicians, who have spent the in the state, as well as Tom Campbell, a In short, it looks like California will go about comes to crime — any crime. “He should first make it clear that the pardon Ralston tells prisoners seeking clemency to past three-plus decades navigating the country’s Republican gubernatorial hopeful, have indicated a necessary scaling back of the correctional Another little-noted factor has contributed to the power is a longstanding and important function of “never give up,” especially since Bush is out of roiling tough-on-crime waters, the changes system exactly the wrong way. But however dearth of recent pardons: The Office of the Pardon the executive, and one that is necessary to provide office. President Obama has indicated that he’ll are almost unfathomable. Onetime grudgingly state officials are approaching Attorney has long been underfunded and justice and remedy any injustices that may have push for a shift from punishment to treatment for California governor and current the issue, at least they recognize that the understaffed. Clemency and pardon requests go occurred in the past,” Mauer said. drug-related crimes, and his mantras of “hope” and gubernatorial hopeful Jerry Brown, for magnitude of prison spending is a problem. through several steps before they reach the “change” infuse optimism into prisoners’ OVER THE PAST THREE DECADES, CALIFORNIA This “message from the top” is essential when example, has spent decades trying to erase Down the road, when Californians start president — they must be investigated by conversations about their chances for release. HAS TRIPLED THE NUMBER OF PRISONS IT OPERATES, it comes to justice system issues, according to the public’s memory of his liberal tenure in thinking beyond the crisis moment, that new government agencies, then reviewed by the pardon Mauer: If the president indicates an interest in However, Obama has not made any specific HAS MORE THAN QUINTUPLED ITS PRISON the 1970s, when California’s prison understanding will shape policy responses attorney, the attorney general and finally the revitalizing the pardon, it will likely channel more statements about reforming the pardon process, POPULATION AND HAS GONE FROM SPENDING $5 ON population shrank to well below 30,000. As for years to come. It will both feed off and president — and qualified support personnel at resources toward the department and encourage and so far, it’s tough to predict any major systemic a part of that remodeling, he has HIGHER EDUCATION FOR EVERY DOLLAR IT SPENT help create a new national sentiment that each of these levels is essential. According to Marc government agencies, the pardon attorney and the changes. assiduously courted the California ON CORRECTIONS TO A VIRTUAL DEAD-HEAT IN being “tough on crime” isn’t necessarily Mauer, executive director of The Sentencing attorney general to produce favorable “I like to come back to the fact that there’s Correctional Peace Officers’ Association, SPENDING. THAT PUTS IT IN THE SAME BOAT AS being smart on crime. Project, more pardons might be granted if the recommendations. always hope,” Martorano said. “But the problem the trade union representing the state’s MICHIGAN, VERMONT, OREGON, CONNECTICUT AND Tough-on-crime rhetoric, and the department was simply funded adequately. As the volume of pardons increases, the with requesting a pardon is you never even know “There’s been a huge backlog under the [Bush] if you’re being considered. My request languished prison guards. Now, with his war chest flush DELAWARE — ALL OF WHICH, ACCORDING TO policies and institutions that grow from it, public’s distrust of the pardon will likely decrease, administration, which is basically a resource issue; for a good long time. It sat on somebody’s desk for with CCPOA funds, Brown won’t do ESTIMATES BY THE PEW CHARITABLE TRUST, SPEND emerged from Nixon’s Silent Majority according to Love, who notes that if the practice is not providing sufficient staff to review applications,” six years, while I was hoping. What is hope when anything to challenge tough-on-crime AS MUCH OR MORE ON PRISONS THAN ON COLLEGES. tactics, from his recasting of politics as a routinely used to remedy flawed sentences and orthodoxies. series of debates around “values” rather Mauer told Truthout. negate wrongly determined verdicts, its true intent it’s false hope?” Yet many newer political faces view the than bread-and-butter issues. And in the Instead of prompting more hires, the backlog will become clear. current moment as something of an same way the 2008 presidential election has perpetuated a shoddy, negligent review Mauer also recommends a review of the Office For more information, please see: opportunity. For Betty Yee, chair of ended that peculiar chapter in American process, according to former Pardon Attorney Love. of the Pardon Attorney’s resources, followed by The November Coalition: California’s Board of Equalization — the history, so too did it end the monotone cry “These cases are not getting fully reviewed,” adjustments to speed up the flow of applications www.november.org office responsible for collecting sales tax in the their support for his bill, Ammiano declares. that we could incarcerate our way out of deep- Love told Truthout. “It seems like the main objective and improve transparency. Dorothy Gaines’s Web site: Golden State — the changes, especially around “When it starts to cost more money than it’s worth rooted social and economic problems. Despite of the current pardon attorney is to manage the In the meantime, as the pardon process shuffles www.dorothygaines.org drug-law enforcement, can’t come soon enough. even in the eyes of the pooh-bahs, then you can a few halfhearted GOP attempts to accuse backlog by getting rid of cases as soon as he can; on with little accountability and few overarching The Sentencing Project: Sitting at her conference table high up in one accomplish something.” Democrats of being weak on drugs and public turning them around at the door. I’ve heard he’s principles, the best move for prisoners seeking a www.sentencingproject.org of downtown Sacramento’s few sky-rises, Yee Over the past three decades, California has safety — Obama had, after all, written about his not even getting the pre-sentence report in most pardon is to get publicity, and lots of it. The We Believe Group: has marijuana on her mind. Specifically, she has tripled the number of prisons it operates, has drug use during his teenage and early adult cases.” “As a rule, it seems, the more famous a case www.webelievegroup.com become an outspoken advocate for legalizing pot more than quintupled its prison population and years, which, according to the old calculus, Compounding the situation, the pardon attorney is, the better the chances of relief,” Murlowski said. for residents older than 21. Her friend has gone from spending $5 on higher education should have made him an easy target for in office for the past 10 years was known for “I was always struck by how many more federal Maya Schenwar is an editor and reporter for Truthout.

PAGE 14 www.november.org November Coalition - The Razor Wire November Coalition - The Razor Wire www.november.org PAGE 11 Remarks of Senator Jim Webb LLOCALOCAL SSCENESCENES Subcommittee on Crime and Drugs U.S. Senate Committee on the Judiciary Hearing on the National Criminal Justice Commission Act of 2009 (S 714), June 11, 2009 Locals Rally to Support Sen. Webb’s Reform Efforts would like to thank you, Chairman Specter, and a journalist twenty-five years ago, when I examined Ranking Member Graham for the opportunity to the Japanese prison system for a cover story in speak today and for cosponsoring the National Parade Magazine, and as a government official. Criminal Justice Commission Act of 2009. I know Here in the Senate I am grateful that Senator full well your own work in this area over many, many Schumer and the Joint Economic Committee years and appreciate your support in this endeavor. allowed us the venue of that committee to conduct I look forward to continuing to work with both the hearings on the impact of mass incarceration and Subcommittee on Crime and Drugs and the drugs policy. I also appreciate working with George Judiciary Committee to move this bill forward. Mason University to put together a symposium We find ourselves as a nation in the midst of a bringing people in from across the country to talk profound, deeply corrosive crisis that we have about drug policy, and collaborating with other largely been ignoring at our peril. institutions working on these issues, such as the The national disgrace of our present criminal Brookings Institution. justice system does not present us with the horrifying Once we started examining this issue over the immediacy of the 9/11 attacks on the Twin Towers last year people from all across the country reached and the Pentagon, which in the end rallied our nation out to us — people from every political and to combat international terrorism. It is not as visibly philosophical perspective that comes into play and Coalition members Mike and SheGlidesBy sign postcards to threatening as the recent crash in our economy. from all walks of life. Sen. Cantwell at April event. But the disintegration of this system, day by day Since I introduced the National Criminal Justice and year by year, and the movement toward mass Commission Act of 2009 two months ago, we have incarceration, with very little attention being paid to seen an even greater outpouring of interest in and clear standards of prison administration or support for the bill. My office has engaged with more on the criminal justice system is the sharp increase meaningful avenues of re-entry for those who have than 100 organizations, representing prosecutors, in drug incarceration over the past three decades. served their time, is dramatically affecting millions judges, defense lawyers, former offenders, Incarcerated drug offenders have soared 1200% of lives, draining billions of dollars from our economy, advocacy groups, think tanks, victims rights since 1980, up from 41,000 to 500,000 by 2008. A destroying notions of neighborhood and family in organizations, academics, prisoners, and law significant percentage of persons incarcerated for hundreds of communities across the country, and enforcement. In the Senate, thirty-five of my drug offenses have no history of violence or high- — most importantly — it is not making our country colleagues have joined me on this bill. level drug activity. a safer or a fairer place. The goal of this legislation is to establish a Four times as many mentally ill people are in It is in the interest of every American, in every national commission to examine and reshape prisons than in mental health hospitals, roughly community across this land, that we thoroughly re- America’s entire criminal justice system, the first 350,000 compared to 80,000. Citizens in Action examine our entire criminal justice system in a way such effort in more than forty years. African Americans are far more likely to be At our spring benefit on May 16, November Coalition members that allows us to interconnect all of its different The duties of the Commission would include incarcerated for drug offenses than other groups. from Washington State filled out and sent postcards to Sen. Maria aspects when it comes to finding proper approaches making policy recommendations designed to: African Americans are 12% of the U.S. population, Cantwell (D-WA) asking her to support Sen. Webb’s reform bill (see and solutions to each different component part. I • re-focus incarceration policies on criminal 14% of monthly drug users, yet are 37% of those am convinced that the most appropriate way to activities that threaten public safety; arrested on drug charges, 59% of those convicted page 12). Patty Murray (D-WA), our other US Senator, has already Several batches of these signed postcards, along with accompanying pictures, conduct this examination is through a Presidential • lower the incarceration rate, prioritizing public on drug charges, 74% of drug offenders sentenced cosponsored the bill. have been mailed to Sen. Cantwell’s WA State office. level commission, tasked to bring forth specific safety, crime reduction, and fairness; to prison. findings and recommendations for the Congress to • decrease prison violence; Corrections officers and offenders face dire consider and, where appropriate, enact. • improve prison administration; conditions in many overcrowded and violent prisons. What is the War on Drugs Costing Us? The National Criminal Justice Commission Act • establish meaningful re-entry programs for The prison system offers limited opportunities for of 2009 is a product of thought, research, and former offenders; career progression, inadequate training, potentially September 11, 2009, St. Petersburg, FL reflection as an attorney, a writer, including time as • reform drug laws; violent working conditions, high administrator • improve treatment of the mentally ill; turnover, and low accountability. In 2007, 60,500 • improve responses to international & domestic prison inmates reported sexual victimization. criminal activity by gangs & cartels; There are an estimated 1 million gang members • and reform any other aspect of the criminal in the United States, many of them foreign-based. justice system the Commission determines Every American neighborhood is vulnerable. Gangs necessary. commit 80% of the crime in some locations. Mexican The Commission will be a blue-ribbon, bi- cartels, which are military-capable, have operations partisan panel of experts appointed by the in 230+ U.S. cities. U.S. gangs are involved in cross- President, the Majority and Minority Leaders in the border criminal activity, working in partnership with Senate, the Speaker and Minority Leader in the these cartels. Nora Callahan of House, and the Democratic and Republican We need to take a comprehensive look at our November Coalition, Governors Associations. criminal justice system, including all of these issues. speaking at War on Drugs The scope of the problem is vast: we have 5% As a nation, we can spend our money more forum co-hosted by of the world’s population but 25% of the world’s effectively, reduce crime and violence, reduce the November Coalition, known prison population. 7.3 million Americans are prison population, and create a fairer system. It is Families Against Mandatory incarcerated, on probation or on parole. 2.38 million time to take stock of what is broken and what works Minimums (FAMM), and the Americans are in prison and modify our criminal justice policies accordingly. Florida ACLU. – five times the world’s average incarceration Once again, I appreciate the opportunity afforded rate. From early in the last century until the 1980s, by the Chairman and Ranking Member to speak the number of people in prison hovered below today. I would also like to thank the distinguished 500,000. In the 1980s it began to skyrocket. witnesses who have kindly agreed to give their The elephant in the room in many discussions remarks.

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