 Working to Extend Democracy to All  Volume 3, Number 5 May 2014

WOMEN DECRY DEPLORABLE CONDITIONS IN STATE ormer inmates at the Central Califor- Once there, the facility’s health staffers crowding, insufficient health care staffing nia Women’s Facility say they were urged Martinez to take another HIV test, and inadequate medical bed space,” the Fdenied health care and diagnosed even though she had assured them that report stated. with diseases they don’t have. A recent re- she was infected with the virus. The re- The court-ordered health care evaluation port backs up their claims. sults came back negative. They did the test came in response to a January 2013 report By Andrea Abi-Karam again. It was negative, again. She didn’t conducted by Governor Jerry Brown’s of- When Theresa Martinez was an inmate have HIV. fice that declared the health care conditions at the Central California Women’s Facility, Martinez said she later learned that the at CCWF improved. The dismal quality of prison health officials diagnosed her as hav- Central California Women’s Facility, where health care inside California’s was ing HIV. Martinez said her mental health she and many other East Bay women end the driving force behind orders issued by deteriorated as a result. Prison doctors also up when they’re sentenced to prison, had federal judges to the state to dramatically put her on a rigorous anti-HIV drug regi- a contract with a pharmaceutical company reduce its inmate population. “Overcrowd- men for ten years. Eventually, officials with that sells HIV medication. Martinez, who ing and health care conditions cited by this the California Department of Corrections now works for the Oakland-based prison- Court to support its population reduction and Rehabilitation transferred her to a state ers’ rights group Justice Now, shared the order are now a distant memory,” Brown’s prison facility in Southern California. story of what happened to her at a recent office stated. public event. She contends that corporate- Despite the scathing report on CCWF by driven interests affect the physical and court-appointed medical experts, federal CONTENTS mental health of throughout the judges agreed last month to give Brown California prison system. and state corrections officials more time to Women Decry Conditions...... 1 There’s also compelling evidence that the relieve overcrowding in California’s pris- Grass Roots Protest...... 2 health facility within the Central California ons. Women’s Facility (CCWF) in Chowchilla The overcrowded conditions at CCWF Guards Obstruct Litigation...... 3 has a history of badly mistreating female worsened in 2012 when the state converted prisoners. Late last year, a three-person Valley State Prison for Women (which is Retaliation...... 4 panel of court-appointed medical experts located near CCWF) into a men’s facil- released a scathing report on the deplor- ity and then funneled that facility’s female Editorial...... 4 able conditions inside the prison. Overall, prisoners into CCWF and the California In- Radical Muslim Zine...... 5 the panel found that CCWF “is not provid- stitution for Women near Chino. CCWF’s ing adequate medical care, and that there inmate population quickly grew to 184 per- Lessons From Glen Ford...... 5 are systemic issues resulting in prevent- cent of capacity. able morbidity and mortality [disease and According to the court-appointed medi- Legalized ...... 6 death] that present an ongoing serious risk cal experts, the packed conditions at of harm to patients.” CCWF resulted in health care staff being Letters...... 7 The 57-page report, which didn’t re- slow to respond to inmates’ medical needs. Letter to CDCR...... 8 ceive much press coverage, also stated that “I would assume that during an emergen- CCWF’s health facility is disorganized and cy you would run toward the emergency, One Step Forward...... 9 overcrowded. “We believe that the major- but no, 95 percent of the time they walk ity of problems are attributable to over- — stroll,” said Mianta McKnight, a former Brisbane resident who was released from tinuity of chronic disease medication. We unless it is from a guard. Prisoners are left CCWF three months ago and currently re- also found concerns related to expiration of in these solitary confinements for months sides at a re-entry facility on Trea- chronic medication orders.” and months on end, the longest so far is ap- sure Island. McKnight, who now works with the pris- proaching one year in solitary. Some drunk McKnight told me that when nurses at oner’s rights group California Coalition for tanks are equipped with cameras, so not CCWF respond to an emergency, they’ll Women Prisoners, said that the health care only are the prisoners left without human only provide care if the patient is incoher- staffers at CCWF don’t treat patients as contact they are under video surveillance ent and can’t stand up. She described an in- humans. “I would like to see people have 24 hours a day 7 days a week, without even stance in which her roommate was waiting the opportunity to have a better quality of being convicted of a , this is all while to get treatment for an earache. The pain life,” she said. “And not have them have a they await trial. became so intense, she passed out and hit slow death sentence as a result of not being Demonstrators walked 3 miles, 1.5 each her head on her bunk. “She was trying to taken care of.” way from the park to the Jail, chanting, “In- be seen and was ignored,” McKnight said. The California Coalition for Women mates are Human”, “Stop Solitary” along And even if a prisoner does get seen by Prisoners is working on a campaign that the way and at the driveway entrance of the health care staffers at CCWF, there’s a good calls for health care staff to be held ac- Jail. The demonstrators were approached chance she won’t get appropriate care. Ac- countable; health care to be improved to by the Santa Barbara Sherriff’s department cording to the court-ordered report, as well the standards of care outside of prison; and officers, who offered them “A spot we re- as first-hand accounts, CCWF medical prisoner release in lieu of overcrowding. served just for you.” Since earlier it was staffers routinely prescribe expired, incor- “It’s corrections, but it’s not meant to be said by inmates family members that the rect, or insufficient medication. cruel and unusual ,” McKnight inmates were being teased about the future “You go in and say, ‘I don’t feel well said. “And sometimes that’s what it turns protest, and officers were overheard saying because XYZ,’” McKnight said. “They’ll into.” ● “these protesters are really pissing me off!” give you a cold pack and you may have a the demonstrators declined the set up invite migraine.” and maintained their position. Inmates also “were given the wrong GRASS ROOTS During the protest some of the inmates medications at times — kind of like test were actually offered yard time, at first this and see if it works and if it doesn’t PROTEST thought to be a positive sign, until inmates work we’ll try something else,” she con- n March 29th the Catrinas Del Bar- returned from yard to a raided room and tinued. She said she once helped take care rio a grass root women’s organi- write ups. Write ups for things that weren’t of a fellow inmate who became paralyzed zation which focuses on human in their room, or a write up of contraband down the left side of her body because she O for having one rubber band. Inmates who rights, inmates rights and community needs received the wrong drugs. scheduled a “Inmates Are Human” demon- asked officers about why the search hap- McKnight also said that it was not un- stration in Santa Barbara. Demonstrators pened and if this is why they received yard common for prisoners to wait in the phar- meet at Tuckers Grove Park at 2pm, includ- time after so long without were told, “I macy line for long periods and then watch ing the family members of inmates current- don’t know.” Other inmates were told they staffers withhold their prescribed medica- ly in Santa Barbara County Jail as well as were “Talking to much about not getting tions. They’d get to the front of the line, members from LULAC Santa Maria. their mail.” All inmates were told “This is and then watch staffers pull up their mug- This demonstration was inspired by going to make it worse on you!” shots and arrest histories on Google, and hearing stories from inmates family mem- The demonstrators met back at the park send the prisoners to the back of the line bers about how their loved ones who are and did interviews of inmates’ family mem- if the staffers disliked what they saw, she currently in Santa Barbara County Jail, are bers, describing what they and their loved said. not receiving mail, some have even gone ones are going thru. These videos will be At CCWF, prisoners with chronic ill- without their legal mail, including letters posted on utube by the Catrinas Del Barrio. nesses and disabilities are consigned to the from the lawyers representing them in cur- The video footage of the protest is avail- skilled nursing facility, which further iso- rent cases as well as the inmates outgoing able online via Facebook at: https://www. lates them within the prison system, and legal mail to ACLU being denied sending facebook.com/CatrinasDelBarrio. ● further alienates them from their families. service. Inmates’ post cards to their chil- Written by: Venenosa Del Barrio “They are sometimes thrown back there and dren or from their children are not be- don’t know why they’re back there,” said ing sent or received. In talking to the McKnight of inmates being put in skilled families as well as former inmates of nursing. “They have little or no communi- Santa Barbara County Jail who have cation with their families.” Prison officials expressed the conditions they experi- also regularly lock down the skilled nurs- enced while incarcerated; the CO’s are ing facility without explanation, she said. turning cells normally used to house The court-appointed medical experts intoxicated people aka “drunk tanks” who examined CCWF substantiated McK- as units. This is night’s experiences. The panelist said they similar to the SHUs many are familiar “found problems with timeliness and qual- with that are used in a prison setting. ity of care.” They also stated in their report The transformed drunk tanks do not that “[i]nternal audits show lapses in con- allow the prisoner any human contact

2 Rock! WASHINGTON STATE GUARDS OBSTRUCT LITIGATION Coyote Ridge Corrections Center Superintendent Bans Blank Cassette Tapes Under Same Policy the DOC Sold the Tapes to Prisoners By Karl Tobey, Coyote Ridge Corrections to record music off the radio, record their prisoner litigation until the Attorney Gen- risoners are often unrepresented band music, and record depositions for eral’s Office began refusing to stipulate to litigants in many court cases. They court cases. them (again, a tactic to frustrate litigation). Paccess the courts pro se for various What is a deposition? In simplest terms, In August, before DOC officials placed Mr. reasons, such as criminal appeals, habeas a deposition is where one side of litigation Silva in segregation, he had a deposition corpus, civil rights violations, and public ask the other side questions pertaining to pending for Superintendent Uttecht. Af- records act violations. Prisoners have very the issue(s) in the law suit. Either side can ter Mr. Silva went to seg, Uttecht issued a limited resources at their deposal to help take a deposition. Depositions are one of memorandum (memo) on August 28, 2012 them gather evidence and overcome the the best evidence-gathering tools available titled “Cassette Tapes for Depositions” various court rules and procedural hurdles under court discovery rules. They are better stating blank “cassette tapes will no lon- in order to even get their claims heard on than interrogatories (written questions) be- ger be available for offenders to purchase the merits. Some of those resources in- cause those are often answered by attorneys or accrue debt for depositions ... other op- clude: access to a law library for case law, rather than their clients. Plus, depositions tions offenders may consider include hiring statues, and court rules; to typewriters, typ- are the closest thing to being on the stand a stenographer or using other methods such ing paper, and carbon paper; and to blank in court because the person is under oath to as interrogatories or discovery to gather cassette tapes to record depositions. Pris- answer questions truthfully, and he/s can- information they many need for legitimate oners also rely on prison officials not to not rely on an attorney to provide the “cor- legal purposes....” He knows, of course, actively obstruct their access to the courts rect” answer. This method often gets to the prisoners are mostly indigent and cannot by blocking or failing to provide the above heart of the controversy and, when DOC afford to pay for stenographers or for cop- resources. Unfortunately, many prison of- officials are involved, it places them in the ies of discovery materials. To add insult to ficials (and attorney generals) believe it’s seat of accountability for their actions. It is injury, Uttecht claimed policy 440.000 did a legitimate practice to obstruct prisoners’ for these reasons Superintendent Uttecht “not provide offender access to blank cas- court access by any means necessary. banned blank cassette tapes as a way to sette tapes [ironically sold on commissary] In the past two years at CRCC, assistant stop depositions of DOC employees. for legal purposes.” Further, He issued an- attorney generals (AAG) have refused to What was impetus which led to his dra- other memo on October 19, 2012 stating stipulate to tape recorded depositions as conian method? It’s because he was about that “only pre-recorded commercial tapes/ they allowed in the past. Prison officials to be deposed in a lawsuit. Between March CDs or authorized letter tapes/CDs are al- have reduced the amount of typing paper and September of 2012, CRCC prisoner, lowed” under 440.000, and therefore, of- provided for preparing briefs and motions Mathew G. Silva, deposed several DOC fenders will have 15 days to mail out their from 20 sheets a day down to 5 sheets a officials and others related toSilva v. McK- cassette tapes which do not comply or they day, they have rewrote policy 590.500, enna et al., U.S. District Court No. C11- will be confiscated. Legal Access for Offenders, to exclude 5629-RBL/KLS, which alleged a com- Because of the threat of confiscation, typewriters and then removed all typewrit- mon pattern and practice of state officials another CRCC inmate, Jeffrey R. McKee, ers from the law library, and finally, Super- obstructing prisoners’ access to the courts a well-known prison litigator who has intendent Jeffery Uttecht, under the same and their ability to effectively litigate their successfully litigated several civil suits policy which the DOC used to sell us tapes, claims--the very same actions such as ban- against the DOC, appealed the planned unilaterally banned blank cassette tapes ning the tapes. Several of Silva’s deposi- confiscation to Lieutenant Richard- Dun for purchase on commissary and posses- tions were tape recorded as was common in can on 10/26/12. McKee claimed the tapes sion. While this list is not all inclusive of were allowed under policy because DOC every dirty trick the DOC uses to obstruct had sold inmates blank cassette tapes on litigation, and while each one deserves to commissary since 2008 under the same be written about, this article focuses on the policy, and that CRCC had sold him tapes blank cassette tapes. between May and July of that year. After The DOC implemented policy 440.000 6 months of repeated kites to Duncan, he Personal Property for Offenders in 1995. finally responded on 4/30/13 stating, “I am Since that time, cassette tapes have been sorry that I can’t help you with your issue; allowed as personal property under the I cannot over turn DOC policy or Superin- property matrix. The DOC has revised the tendent’s memo ... you will have to send property policy 15 times over the years and your tapes out at your own expense.” It is the last 3 revisions were 8/1/11, 9/15/12, noteworthy that McKee also had pending and 1/1/13. The DOC had never eliminated depositions in civil litigation involving Ut- blank cassette tapes as allowable property. techt and other DOC officials at the time. Since 2008, The DOC has allowed pris- In between his appeal and the response, oners to purchase blank cassette tapes on McKee sought help from Director of Se- the commissary. Prisoners use these tapes curity Devon Schrum. He sent a letter on

Volume 3, Number 5 3 4/15/13 requesting clarification whether nearly month-long fast. had to pay for the cost of printing, as I will prisoners may retain their previously pur- Today Ramon Mendoza Pascual, who again this (May) month. chased tapes. Ms. Schrum never responded was held in medical isolation for two I keep a spreadsheet of every stamp do- to McKee’s request, but she did respond to weeks, had a hearing on charges stemming nated and every dollar received, as well as another inmate’s request. Interestingly, her from the fast. In the hearing the same ICE the date of the donation and who gave it. response did not maintain the hard-line de- officer acted as translator, witness against So far Rock has received $4,047 in money nial of possession of the tapes as Uttecht him and adjudicator. He was convicted of from both inside and outside sources, and wanted: inciting a group demonstration. Mr. Men- 7,454 in stamps. With that money we’ve Cassette tapes are no longer offered doza Pascual was sentenced to 20 days in put out 29 issues of Rock, starting with for sale in our prisons, however, of- solitary confinement. The conditions- in a mailing list of 100 and growing that to fenders may retain possession of their clude near total deprivation: 23 hour a day over 600, primarily in California but also a previously purchased cassette tapes lockdown with no human contact (one hour slowly growing presence in Oregon, Wash- (up to 20). I apologize for the misun- a day of solitary time in the prison yard), no ington, and Texas. derstanding around clear cassette tapes use of telephone, no access to commissary This newsletter may or may not survive. and have since spoken with all of the account items, and no access to television That depends on my good health and your Superintendents about this clarifica- or written materials. willingness to provide the resources neces- tion. Mr. Gaspar Navarro and Mr. Mendoza sary to keep it going. But whether it con- According to the c.c. at the bottom of her Pascual joined dozens of other hunger tinues or not, there will ultimately be other letter, Uttecht received a copy of her let- strikers who are in isolation in retaliation prisoner oriented publications—maybe ter, and Lt. Duncan did too well before he for the hunger strike, what detainees call more radical or maybe less—that will be denied McKee’s appeal. Unfortunately, Ut- “the hole.” But they work to keep their the scaffolding around which a peaceful techt did not change his hard-line stance or spirits up. Ramon Mendoza Pascual ob- national prisoners’ movement will be built. issue a new memo reflecting the clarifica- served while encouraging those on hunger tion. In fact, his October memo is still post- strike, “They don’t have enough holes for ed in the property room. Further, prisoners’ all of us.” ON BEHAVIOR tapes are still being confiscated, even after Army vet Hassall Moses remains in iso- they provide a copy of Ms. Schrum’s let- lation for advocating a work stoppage for MODIFICATION ter as authority to retain their tapes. Appar- work that is compensated at $1 per day and By Ed Mead ently, Uttecht does not believe in following that ICE and GEO allege is voluntary. ehavior modification can be -a le his own chain-of-command when it comes Increasingly experts are coming forward gitimate tool for positive change in to DOC policies. What this boils down to with evidence that isolation is torture. In a the hands of a skilled mental health is that DOC officials will do anything and recent New Yorker Magazine article pub- B professional. For example, if you wanted everything to obstruct litigation by prison- lic health researcher Dr. Atule Gawande to stop smoking cigarettes, you and your ers. ● summed up all the research: “simply to ex- psychologist, social worker, or whatever, ist as a normal human being requires inter- would work out a mutually agreed upon action with other people.” plan wherein you reward yourself for suc- RETALIATION A 16-year resident of the US, Mr. Gaspar cessfully completed steps, and maybe even Navarro is sorely missing his large family, punish yourself for backsliding (such as and Civil Rights Violations all U.S. citizens - a wife, five children, and making a financial contribution to an orga- Pile Up at the NWDC in two grandchildren born since he was de- nization you despise). In the hands of the Tacoma. tained. Ramon Mendoza Pascual and his state, however, behavior modification -be emaining original hunger striker wife of 13 years, Veronica, have three chil- comes just another instrument of control. It breaks fast and placed in retaliatory dren, ages 12, 10, and 5. Ramon first came becomes illegitimate. solitary confinement. Former iso- to the United States 11 years ago, in 2002, In custody behavior modification pro- R and works as a carpenter, finishing homes grams are a part of the systematic process lated hunger striker “convicted” in a Kaf- kaesque hearing; the twenty men placed and hospitals. Before being detained, Ra- of reinforcing that a prisoner has no con- in solitary confinement for hunger strike mon was a significant source of support to trol over his own being. In behavioral psy- grows. Despite retaliation, peaceful protest his family, and his wife now works three chology, this condition is called ‘learned continues. jobs seven days a week to make ends meet. helplessness’–a derivative of Skinnerian Jesus Gaspar Navarro ended his 25-day operant conditioning (commonly called hunger strike on the morning of April 1st ‘learning techniques’). In essence, a pris- with a full breakfast. An hour later, after EDITORIAL oner is taught to be helpless, dependent on speaking on air on Spanish language 1360 his overseer. He is taught to accept without am about the strike, he was removed from COMMENTS question the overseer’s power to control medical isolation to solitary confinement. n my last comments I complained about him. His administrative segregation order cited the low number of stamps that had been The United States Penitentiary (USP) at risk to self and the facility and participa- Idonated, but after that issue went to the Marion, Illinois, opened in 1963, the same tion in the hunger strike as reasons for his press a lot of stamps came in, enough to year the at Alcatraz closed. isolation. The conditions of isolation are mail out the April issue of Rock. Unfortu- not healthy for someone recovering from a nately, no money came in so once again I Behavior Mod...... Continued on page 10

4 Rock! rial misconduct. Questions of race, never TOTALLY RADICAL MUSLIMS ZINE #3 far from the US death penalty, were also Call for Submissions! raised in this case. Glenn Ford is African- American and was tried for the murder of a “Hubb: Queer Muslim Love Stories” to print for the Summer of 2014) white man by a jury consisting of 12 white We do not edit your work. This is our e are a group of Bay Area based jurors, after African Americans had been commitment to honoring individual voice social workers, activists, attor- dismissed by the prosecution during jury and storytelling. We are however, discern- neys, and artists who put togeth- selection. W ing in maintaining a political frame and er quarterly compilations of articles by the Despite the flimsy nature of the evidence may decide that your piece does not fit progressive and/or LGBT Muslim commu- against him, the death sentence hung over within our projects vision and intent. nity. We are non-denominational, volunteer his head for decades. The Louisiana Su- * All submissions must be UNDER 800 run, and self-funded. preme Court affirmed the conviction and words! Send submissions to TRM at P.0. For volume three of the Totally Radi- death sentence in 1986, despite acknowl- Box 29843 Oakland, CA 94604. ● cal Muslim Zine, we’re exploring topics edging that there were “serious questions” Salaam and solidarity, of love, trust and vulnerability. We would about the evidence. One of the judges had Totally Radical Muslims Zine crew like to hear from Muslims inside California dissented, arguing that there was insuffi- prisons, if you feel able to. Our previous cient evidence to convict Glenn Ford. volumes focused on Islamophobia and re- This case is reminiscent of another that silience. TWO LESSONS has been litigated for over 40 years, sharing We recognize these are not easy topics many of the same flaws. Albert Woodfox, to write about to complete strangers, espe- THE USA MUST one of the ‘Angola 3’ inmates previously cially for people who have been incarcer- LEARN FROM in the same prison as Glenn Ford, was con- ated. If we print your story, we will send victed in 1973 of the murder of a prison you a confirmation letter and complimen- GLENN FORD guard before an all-white jury. No physi- tary Zine, with gratitude. cal evidence linked him to the crime, po- By Tessa Murphy, USA campaigner at The Totally Radical Muslim Zine is tentially exculpatory evidence was lost and Amnesty International. about telling our stories and reclaiming the convictions were based on the discred- our truths. This project is about resisting here are two lessons the USA should ited testimony of the only eyewitness to Islamophobia, homophobia, imperialism learn from the release of Glenn the murder – who was later shown to have and so many more systems of oppression, TFord, a 64-year-old man who spent received privileges, including a pardon, in which we are tackling, one love story at a 28 years on in Louisiana for a return for his statement. time! By telling our stories, with all their crime he didn’t commit. Despite his conviction having been over- edges, contradictions, beauties and gems – The first lesson is that the death penalty turned three times, once in a state court and we are taking back the power to create our is never the answer, including because it twice by federal judge, Albert Woodfox narratives and imagine another present, and carries the inescapable risk of executing in- remains incarcerated while he continues another history. nocent people. The second is that there are to litigate his case. The state of Louisiana For Volume 3, we are seeking submis- some serious problems with Louisiana’s has appealed against every court ruling in sions that share experiences on: falling in justice system. his favour while the serious flaws in his love, falling out of love, finding queer love, Glenn Ford walked out of the southern case remain without remedy. The case is feeling loved by family, heartache, loneli- state’s infamous Angola prison late yester- currently before the federal appeals court. ness, critical thoughts on relationships, day, after spending nearly three decades be- Should the court rule against him, it is like- friendship, platonic love, and stories on hind bars for a crime he’s always claimed ly that Albert Woodfox will die in prison. self-love across prison walls, and borders. he never committed. A second member of the ‘Angola 3’, Tell us about the ways you’ve opened and He was sentenced to death in 1984 for Herman Wallace, had his conviction over- closed your heart. Count the times you’ve the murder of Isadore Rozeman in the turned by a federal judge last year on the heard it break. Describe the love you’ve north-western Louisiana city of Shreveport basis of the systematic exclusion of women asked for, prayed for, waited for, cherished, in November 1983. His freedom comes af- from the grand jury that indicted him. It embraced, feared, denied, chased, or fled. ter a Louisiana judge ordered his release, took a terminal diagnosis of cancer for the Name the feelings that visit you by night. following the state’s disclosure last year federal court to expedite their ruling on the Submission invited from all self-identi- that another man had admitted to the crime case, and a judge who recognised that “the fied Muslims – queer, trans, straight, ques- in May 2013. Louisiana court, when presented with the tioning, and more. We especially welcome Glenn Ford is the 144th exonerated pris- opportunity to correct this error, failed to submissions from voices often left out of oner to be released from death row in the do so”. Herman Wallace died three days af- Muslim discourse: queer and trans, black, USA since 1973, and the 10th such case in ter his release. youth, disabled, Shia, Ahmadi, poor, work- Louisiana, according to the Death Penalty Glenn Ford and Herman Wallace lost ing class, folks incarcerated and recently Information Center in Washington, DC. decades of their lives behind bars under a released. His case shows some of the hallmarks flawed system. Meanwhile, justice remains Formats: written, drawing, photography, present in other cases of wrongful convic- elusive for Albert Woodfox. Amnesty In- all accepted. tion – inexperienced trial lawyers, unreli- ternational continues to call for him to be Deadline: Tuesday May 1, 2014 (goal is able witness testimony, and prosecuto- released. ●

Volume 3, Number 5 5 profit for a relatively small group of indi- use isolation/solitary confinement, physical BILL WOULD LET viduals at the expense of impoverishing violence by highly trained storm troopers, STATE PRISONS the workers who actually produce the na- and the fear of being transferred to another tion’s wealth. From the steel mills to the state away from one’s loved ones as a de- CONTRACT OUT coal mines, the worker has always been at terrent to any inmate who wishes to orga- the mercy of his employer. The worker is nize the inmate workforce against those INMATES AS viewed as an expendable asset, something who would exploit them for private gain. FARM LABOR to be used, exploited by capital until he/she I do not want to give the impression that can no longer produce. The strike was one this essay is merely an intellectual exer- daho’s state Board of Correction could of the workers’ most effective tools. It al- cise. I am trying to demonstrate the histori- contract out prison inmates as farm lowed him/her to forcefully change the re- cal nature of my observations. What I am laborers, under legislation making its I lationship of labor versus capital. Neverthe- witnessing right now is not a coincidence. way through this year. Reporter Sean Ellis less, we all know too well what happened It is the product of much thought, time, of the Capital Press has a report here on the to the workers who chose to strike. They and preparation. This system is designed bill, SB 1374 from Senate Judiciary Chair- were beaten by police officers, gunned to crush anyone who opposes it, to silence woman Patti Anne Lodge, R-Huston. Ellis down by national guardsmen, hauled off to anyone who would speak out against it. reports that fruit growers in southwestern penal/concentration camps, forever denied Most decent humans would say that what Idaho have struggled to find enough work- employment within the matrix of Amer- the state is doing is criminal. Slavery is ers to pick their fruit in recent years, and ica’s mainstream economy, marginalized abolished, right? No! The U.S. Constitu- last year, pear were left unpicked in the and stripped of all human, social, and po- tion allows for the imposition of slavery Sunny Slope area. The inmate workers litical rights. for anyone convicted of a crime. This is an would be paid under the same payment actual fact. No man in this place­ if he be standards used by Correctional Industries, of sound mind­ will deny the sheer brutality and part of their earnings could go to pay Oregon Corrections En- and dehumanizing effect of being identified restitution orders, to offset their costs of terprises is a corporation as a slave. These men are my brothers, and incarceration, to buy prison commissary that makes ample use of yet, they are being conditioned to think of items and to help them re-enter society employing slave labor for themselves as something inferior to human when they’re released. ● that one reason alone: in- beings. Their struggle is my struggle. It’s The Spokesman Review, March 7, 2014 expensive slave labor. not a matter of race, it’s a matter of class. My place is with the people, those who live The saying goes “Those who forget his- but never know freedom. Our leaders have LEGALIZED tory are doomed to repeat it.” The strike failed us entirely. They have either joined has been unceremoniously bartered away our oppressors in exchange for a piece of SLAVERY by the socalled­ leadership of the workers the devil’s pie, or have co­opted the revo- By Shawn Womack movement. What is left can only be seen, lutionary struggle in favor of meaningless he prisonindustrial­ complex is one in its proper light, as begging for relief and reform. The inmate is the new steel worker, of the last visible relics of colonial tokenism. This mentality is not only found the coal miner, the assembly linesman. One Tslavery. The inmate workforce lo- within organizations operating in free made a slave by economic policy, the oth- cated within the walls of Oregon State Pen- American society, it is also the subject of er made a slave by judicial policy. There itentiary is not allowed to protest, not al- this essay regarding the treatment of inmate is only one winner in all this: the policy lowed even nonviolently,­ to obtain a living workers. The inmate population has very maker. ● wage. These inmates are mandated by laws little incentive to work. If it weren’t for the Shawn Womack #16453123 enforced by the state to offer their bodies fact that their collective stomachs compel Oregon State Peitentiary in service/slavery to the factories located them to eat, I daresay the revolution would 2605 State Street within the prison complex. The highest be complete. These inmates know ­I mean Salem, OR 97301 paid position in any of the various facto- they are conscious­ of how and by who they ries/industrial plantations i.e. OCE laundry, are being exploited. It is common knowl- OCE metal shop, OCE furniture factory, or edge that Oregon Corrections Enterprises OCE call center is $150 to $200 a month. is a corporation that makes ample use of How can a man be expected to provide for employing slave labor for that one reason himself and his family on such a paltry in- alone: inexpensive slave labor. Slaves do come? not have to be justly compensated for their Corporate executives and capitalist elites labor, nor do they have any real rights— have engineered production facilities that rights that the courts would not only re- bear a shocking resemblance to third­world spect but also defend. These inmates will neo­colonies right here on American soil. not strike because they are all aware of Not that this is a new phenomenon. We can the retaliation that will commence on the see quite plainly in the annals of American part of OSP’s administration. Capitalists history how society has been purposely use the government and its military agen- Control Unit, by structured to allow for a maximization of cies to break strikers. Prison administrators Martain Bibbs

6 Rock!

counterproductive to their agenda to sup- and family positions serving LETTERS press all local, state, and federal rights of time in jails and prisons across LETTERS prisoners. These unethical and blatant acts the country. Here in Cali-incar- are underhanded attempts to render the ceration land CDCR has sub- Cops Won't Follow Rules venue for review (inmate/parolee appeal jected women to terms in soli- First and foremost, a huge shout out in process) ineffective and minimize the po- tary under false pretenses. They solidarity to all those individuals who re- tential for negative publicity. It should be justify their existence of their main committed to the overall struggle to equally noted that these are only a handful torture chambers with allega- end CDCR’s corrupt practices and the in- of the appeals that have been fully granted tions such as “gang activity” or definite use of solitary confinement. And a within the last year that are not being hon- “enemy concerns.” CDCR does warm salute to all those beyond the prison ored. not care about the gender of the walls, friends, family members, advocates, We are currently pursuing further judi- bodies, so long as they can fill etc., who’s invaluable contributions have cial review regarding most of these matters. these living tombs. And just like us men, helped change the face of our movement. Unfortunately, prison officials will con- these women suffer on a daily basis the re- On behalf of all prisoners, thank you! tinue to lie, falsify records, and disregard percussions and retaliation of their captors Without your steadfast support none of this any court orders issued requiring CDCR for having the audacity to speak out against would be possible. to comply with their own rules and regu- the injustice being done them. I am writing to help further expose the lations. Therefore we are seeking any in- The issues facing women are the same as extensive corruption, lack of accountabil- formation/advice from prisoners or anyone ours, maybe even more profound than ours. ity, and abuse of authority being suffered else having knowledge and/or expertise in Like us men, they are being denied proper by those held at Tehachapi and potentially these areas—on how we might combat Te- medical attention, real education, nutri- everywhere in similar situations. More spe- hachapi’s ongoing attempts to ignore these tious foods, meaningful contact, and access cifically, myself and other like-minded in- granted appeals and prevent our efforts in to family and loves ones, all of which are dividuals continue to apply the necessary obtaining meaningful resolution. important aspects of rehabilitation and suc- pressure on administration in an effort to With that being said, we will remain cess on parole. The once prominent idea ensure they adhere/follow their own rules diligent and focused in achieving our ob- of rehabilitation is now just a myth that is and regulations established within the Title jectives and goals. Enclosed are 24 forever heard only in stories of past times. 15. We decided it was in our best interests stamps donated on behalf of the 4B-5A col- Now CDCR is attempting to build a to dedicate our time and energy to the is- lective. new idea and create a new myth, called the sues/matters which would benefit all those Nick Wilds, Tehachapi SHU Step-Down Program (SDP). It is nothing confined without the Tehachapi SHU. more than a new con that CDCR is run- A little over a year ago we launched a PBSP SHU Food Prep ning on the public. This new SDP has more campaign against the administration here ….[T]he topic of a better existence does holes in it than Swiss-cheese! In this case, to address/correct the inordinate amount of give occasion to also note that we are not however, CDCR won’t be able to play its institutional deficiencies by using the avail- unaware of the previous criticism directed SDP game because we prisoners, men and able grievance procedure. For example, we at the SHU food preparation approach. Go- women, have spoken with a united voice. challenged: The prisoner official’s refusal ing forward we trust such criticism is no This voice has been heard, and joined, by to comply with the required ten hours of longer merited and we reaffirm our appre- many other human beings from the outside outdoor exercise/out-of-cell-time per week ciation for and solidarity with the struggle world who are now seeing the torture go- mandated for segregated prisoners [15 for prisoner’s human rights and the better- ing on here in Cali-incarceration Land, and CCR § 3343(h)]. The processing of inmate ment of us all. have stood up and sided against this crime packages within fifteen calendar days and Name Withheld, A Yard, PBSP against humanity! that the packages be opened/inspected in Sadly, we have had to take serious mea- the presence of the inmate per policy [15 On Women, Step Down, and the sures and put our own bodies in harm’s way CCR § 3134 (c)(3) and (4)]. The inhumane Future to be heard and taken seriously. But that is and unsanitary living conditions as a re- [This letter was written back in January nothing new, as CDCR has put our bodies sult of copious amounts of water flooding but got lost in the mess that is my desk.] and minds in harm’s way since the creation numerous cells and dayrooms from leaky I’ve been in solitary confinement doing of the Prison Industrial Complex SHUs! roofs/plumbing chases [15 CCR § 3343 indeterminate for over two decades now We as human beings are used to hardship, (a) and (g)]. The administration’s denial of and counting here in Pelican Bay SHU. the difference is choice, and we all have the authorized personal property for Security I want to acknowledge the strong women freedom to choose what is acceptable to us, Housing Unit (SHU) inmates to purchase in CIW and Massachusetts for their state- and what is not. These courageous women and receive (e.g., headphones) [DOM § ments and acts of solidarity, as well as all have decided that the conditions they are 54030.20.7.2]. strong women within and behind jail and forced to endure are unacceptable and they All of the aforementioned appeals were prison walls. I believe it is important that demand, alongside of us, to be treated as granted at one or all levels of review. How- we recognize the women who so bravely human beings. They demand an end to the ever, despite being fully granted, prison of- stood and stand by our sides as equals in psychological and physical toll placed upon ficials refuse to adhere, comply, or enforce both this struggle and in life. them (and us) by the indefinite and tortur- any departmental policy/regulation that is We have women from all walks of life ous placement in solitary confinement.

Volume 3, Number 5 7 We have come a long way, and I under- is completely discretionary and arbi- men already in torture units for decades stand the frustration felt due to the slow trary. without a single violent act. progress of change, but we must continue 5. Coercive debriefing remains in place Also chilling is that your new regula- to deep our heads up and stand by each – inherently unreliable “evidence” given tions will make the “interactive journal- other. We know that CDCR is hesitant to by people desperate to have their torture ing” mandatory for those who want to change, will drag its feet for as long as pos- ended. With the substance of the accusa- advance through the Step Down Program. sible, and will continue on its path of fal- tion withheld, it is impossible to defend While these degrading exercises in char- sity. The Green Wall will also continue its against – truly a Stalinesque feat. acter invalidation will have little effect on scheming tactics. We must hold them ac- 6. The disciplinary matrix criminalizes those who possess self-respect and politi- countable; it is by exposing their criminal innocuous social activities and first cal maturity, the effect could be devastat- behavior to the light of day, for all to see, amendment rights – only 3 out of 8 of ing on younger, less mentally stable people that we can make them accountable. the sections address seriously criminal housed in torture units. As you well know. It is of great significance for all to- re and violent behavior. The other 5 crimi- As you also know, mandatory cognitive member during this peaceful struggle, that nalize the tiniest acts of thinking, speak- restructuring under ANY kind of coercion, we must keep striving for our basic human- ing, reading and interacting. is against Article 1 of the Nuremburg Code. ity, and for those to follow in generations I personally find it horrifying that CDCR You know it, and we know it too. to come, if we do not then who will? The has written into their regulations that par- As if this weren’t bad enough, there are green wall already is licking its chops at ticipation in a peaceful, non-violent protest no legal safeguards about how information our children and the young. Let’s not let such as a hunger strike is a crime. Incarcer- obtained through these “journals” can be history repeat itself. ated people are still US citizens and have used by CDCR in terms of classification So, in closing, to our sista’s standing the right to peaceful protest of abuses by hearings, criminal prosecution, civil litiga- with us, I and the short corridor salute you! the state. tion and/or Board of Parole Hearings. You are not alone! The things that are actually new, merely This is particularly reprehensible, and Alex Yrigollen, PBSP serve to expand your control, so the fact of allows CDCR the façade of clean hands torture, again remains the same. Your chill- while those desperate to exit your torture ing use of Homeland Security language units are at great risk of inadvertently LETTER TO CDCR (i.e. “Security Threat Group”) actually EX- “choosing” their own extended torture sen- PANDS the net for who can be placed into tences. From a Prisoner's Friend indeterminate torture. These seemingly innocuous journals are hen I look at your proposed new a “damned if you do, damned if you don’t” Step Down Program/Security Step Down Program, Interlocking sort of proposition. A lose/lose for incarcer- WThreat Group regulations, an Traps and Deceptions ated people, and a win/win for maintenance old saying comes to mind – the more things The Step Down Program as designed un- and expansion of SHU torture. change, the more they stay the same. der these regulations is a deceptive game of Longer than 15 days in a sensory de- We are not fooled by your proposed chutes and ladders, with miniscule rewards privation unit, under international law, is new regulations and Step Down Program. and arbitrary regressions to earlier steps, no considered torture. The US (champion of We can easily see that you are in no way independent oversight and no legal protec- democracy?) employs this form of torture scaling back on the use of torture units in tions whatsoever. far more than most countries, and Califor- California prisons, but are finding ways The end result, as we well know, will be nia employs it far more than other states in to continue and even expand operations at that many will continue to be held in torture the US. What that means is that California taxpayer expense. units, in the complete lack of any genuinely is running a domestic torture program in The elements you say are changing, are violent or criminal behavior. gross violation of international law, more actually staying the same. That includes: Those who refuse to submit to cognitive so than any other state in the country. 1. Continuation of indeterminate soli- restructuring will not progress through the What this also means is that the hand- tary confinement – it is still absolutely steps – a neat way to cast blame on people writing is on the wall – we will END this possible that a person could spend de- resisting sensory deprivation for refusing kind of torture. We, as Californian taxpay- cades or even a lifetime in the SHU tor- to submit to the traps they did not create. ers working together with incarcerated ture unit. The Step Down Program takes far too people fighting for their human rights, will 2. The regulations are STILL not behav- long, and the incentives are so miniscule not stop until it ends. True human rights ior-based! In fact, they go even further they are insulting. The first 2—3 years in work is rooted in great love, which sustains in complete eradication of even a tiny the SDP are spent in sensory deprivation us for the long term. shred of first amendment rights for those under basically identical horrific condi- There are far, far better and more honor- in the torture units. tions. This is NOT APPROPRIATE for able uses for our money, and we will do ev- 3. “Alleged association” continues to be erything we can to stop this torture happen- used as valid criteria to keep a person in SHOUT OUT BOX ing in our name. Basic human rights for all the torture units. CALIFORNIA IS THE are not negotiable, and we roundly reject To the men of F and E rows ONLY STATE IN THE COUNTRY this pretense of reform. ● THAT DOES THIS. of the PBSP ASU for their 74 Sincerely, 4. There is still no due process…place- forever stamps. Denise Mewbourne ment and release from SHU torture units Rock on! April 3, 2014

8 Rock! that Maroon is one of the stronger prison- research project that was ended. MAROON UPDATE ers, it is clear that 22 years of solitary con- SHU prisoners established Cessation of Rising like a Phoenix finement has done severe damage to him. Hostilities among prison groups brought from the Ashes One can only fathom how much of a toll 30,000 prisoners together to stand up for solitary confinement takes on prisoners that their human rights. Now comes the pris- fter 22 years in solitary confine- are not as strong-willed as Maroon. oncrats with their modified “step program” ment Russell Maroon Shoatz has We will keep you—his ardent supporters creates new divisive groups. And it is been transferred to general popula- A —regularly updated on Maroon’s progress tempting prisoners to break that solidarity tion. This is significant since the U.S. gov- and with his campaign as we transition into that was gained among California prisoners ernment is determined to break the spirit a new phase demanding a full release from over the past three years and with great per- of political prisoners through confinement, prison. sonal sacrifice. The step program provides silencing, and torture. Here is an update on Russell Maroon Shoatz is an innocent the prisoner with a means to ease the tor- Maroon’s transition into general population man who has suffered tremendously under ture not to end it. Remember it is a one step at SCI Graterford, Pennsylvania’s largest the duress of state torture. He needs the forward program and if the prisoner slips it maximum-security prison: kind of rehabilitation that prison may have is two steps backward. ● It has been five weeks since his transfer. once promised, but clearly can’t and won’t Mark Cook, Every week he gains his humanity back, as give him. His cruel punishment—22 years NLG Prisoner Advocate he learns how to live without shackles on of continuous solitary confinement and tor- his hands and feet, breathe fresh air for the ture—has well exceeded his original sen- first time in months, and carefully re-teach tence. himself how to redistribute his weight in RULING ON It's way past time to free Russell Maroon order to walk up and down stairs again. He Shoatz! ● is acclimating to his new surroundings and LIFER PAROLE becoming familiar with how prison author- HEARINGS ities regulate his life in general population. ost of you may know by now that SCI Graterford confines up to 3,500 ONE STEP Judge Lawrence Karlton, U.S. prisoners. They are holding Maroon in the Dist. Ct, Eastern District made newest wing where prisoners are complete- FORWARD, TWO M a ruling in the case of Richard Gilman vs ly broken. They have lost all self-respect STEPS BACK Gov. Brown. This is a class action suit that and dignity. They have been broken by the will affect all lifers. Submitted by Barbara prison system and living out of fear and PROGRAM Brooks. desperation. Upon entering his new cell, have read the various letters from the “The court accordingly DECLARES fellow prisoners surrounded and begged California prisoners regarding the so- that Proposition 9, as implemented by the Maroon for food. This is unimaginable to called Step Down Program. It pretty Board, violates the ex post facto rights of Maroon since any sign of weakness makes I much amounts to one step forward and two the class members.” you vulnerable to manipulation by both steps back. “The court further DECLARES that prison authorities and prisoners. In the forty years I have spent behind Proposition 89, as implemented by the gov- Along with the breaking of prisoners’ lock and key, the most humiliating and use- ernors of California, violates the ex post spirit, this is also a result of the privati- less "step" program was one conducted in facto rights of the class members.” zation of prisons as they cut corners to the hospital of the Washington State Peni- “The court orders injunctive relief as fol- make profit. The prisoners are not getting tentiary at Walla Walla in the late 1960’s. lows: fed enough during mealtimes so they are Dr. William Conte was the head of all the 1. Going forward, the Board shall desperate for food. Most don’t have the prisons and mental hospitals in Washington apply Cal. Penal Code 3041.5, as it ex- outside support and cannot afford to buy State. B. F. Skinner was the author of books isted prior to Proposition 9, to all class food and drink from the commissary. As a applauding the use of behavioral modifica- members. That is, all class members result, the spirit of the prisoners is so low tion. are entitled to a parole hearing annu- and defeated that Maroon spends most of The particular program I remember in- ally, unless the Board finds, under for- his time alone in his cell reading, writing, volved “voluntary” participation by prison- mer Section 3041.5(b) that a longer and studying. ers. It began where everything was taken deferral period is warranted. Maroon is gaining clarity on the trauma away from the prisoner and the prisoner 2. The Governor of California shall caused by long-term solitary confinement. was placed in diapers and forced to drink refrain from imposing longer sentenc- He understands more concretely how pro- all liquids from a baby bottle. The idea was es on class members than are called for longed solitary confinement has been spe- to reduce the prisoner to the lowest point by application of the same factors the cifically designed and used to target and of human immaturity. The prisoner had to Board is required to consider, as pro- destroy prisoners who display political wet himself in the diapers and it would go vided for by Proposition 89. leadership or abilities to organize prisoners unchanged for a period of time. The pris- This order is stayed for 31 days, and goes (i.e. political and politicized prisoners). He oner was gradually over a period of time into effect immediately thereafter, unless a is barely beginning to recognize all the psy- “awarded” progressive niceties such as timely appeal is filed. chological and bodily harm it has done to adult clothing, mattress, bedding, recre- IT IS SO ORDERED. him over the past decades. Despite the fact ation period, etc. It was an unsanctioned DATED: February 27, 2014.”

Volume 3, Number 5 9 Stockton...... Continued from page 5

Prison in Marion.” It was written by Ed- their captors. This too was a “voluntary” Behavior Mod...... Continued from page 4 die Griffin, who spent 12 years there. I’m program—volunteer or stay on indefinite In 1983, the whole prison was permanently not going to waste a lot of valuable space lockdown. locked down and turned into the first con- detailing Marion’s behavior modification The prisoners who volunteered were trol unit. Until recently it was the high- program, as Eddie sums it up pretty well: shunned by other prisoners, who deemed est security prison in the United States. I “Behavior modification at Marion con- them rats and collaborators. There was a was doing time there during the late 1970s sists of a manifold of four techniques: 1) huge campaign by Marion prisoners who and early 1980s. Shortly after I was trans- Dr. Edgar H. Schein’s brainwashing meth- wrote articles, exposing the program for ferred out of Marion the American Friends odology; 2) Skinnerian operant condition- what it was, which in turn generated wide- Service Committee observed that Marion ing; 3) Dr. Levinson’s sensory deprivation spread outside support, and it was this represents choosing “a course that favors design (i.e. Control Unit); and 4) chemo- combination of inside and outside working the continual escalation of repression as a therapy and drug therapy. And, as I will together that shut down that program. It means of control, even though it has never point out, the use of these techniques, the was not the participants in the program that been demonstrated that repression brings way they are disguised behind pseudonyms did this, they were brain washed. Rather it its desired results.” A John Howard Asso- and under the philosophical rhetoric of cor- was the rest of the population of Marion ciation Report concluded that Marion “is rection, and even their modus operandi, who despised these “volunteer” minions of not a normal maximum-security prison on violate the Nuremburg Code, the United the state. lockdown status but rather a firmly estab- Nations’ Standard Minimum Rules for the Now we have to fight this same battle all lished, fully functioning behavior modifi- Treatment of Prisoners, the Universal Dec- over again against the so-called Step Down cation program...”; that “the Marion pro- laration of Human Rights, the International (behavior modification) Program. The next gram seems to be designed to break the Covenant on Civil and Political Rights, issue of Prison Focus is completed and defiant spirit and behavior... through a year the Department of Health, Education and at the printer. When you get it, carefully or more of sensory and psychological de- Welfare policy on human experimentation, read the article on page 1, “Power Con- privation [in which] prisoners are stripped and the 1st, 6th and 8th Amendments to the cedes Nothing.” Understand the dynamics of their individual identities...” U.S. Constitution.” of what’s going on here. Contrary to what In the Journal of Prisoners on Prisons, The program degenerated into individu- you’ve been conditioned to believe, there Vol. 4 No. 2 (1993), is an article entitled als ratting each other out for minor rule are no individual solutions. As only peace- “Breaking Men’s Minds: Behavior Control violations and groups of prisoners act- ful collective action can produce a progres- and Human Experimentation at the Federal ing as vigilantes to enforce the dictates of sive outcome. ●

Ed Mead, Publisher Rock Newsletter P.O. Box 47439 Seattle, WA 98146

FIRST CLASS MAIL