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.· a.·~7"' ' Ji°'\ ,,,-=- •,L ,,/ L I <' ..J0 _,.,,.~ u~ .. '( .:./ f' f ,4:f7r--.'_ 1 • * * ' May/June 1989 ADMINISTRATION l !!J~!~~ VOL. 15 ISSUE 6 Honorable Rose Mofford Line-Up Governor Editorial 1 Samuel A. Lewi.s Dir ector of Corrections Letters to the Editor 2 J.C. Keeney Assistant Director Prime Time /Lifers Bob Goldsmith Ezra Longtime 5 Warden - Central Region Douglas Hackett The Advocate /Dave Mann 9 LA ROCA Advisor Voice in the Crowd / Commentary LA ROCA STAFF John George Brewer 16 Willi.am Hester Editor Reform Bulletin 18 Raymond A. Gutt Assoc Editor/La Roca Press Poetry 21 Elwood R. Stutler Pressman Retrospective / Music of the 60 's Bruce Henneberg Nilsen Aringhard ••••. 23 Graphics & Design Smiley Montgomery Fiction / The Box Trap Bindery & Fulfillment Junies Jenkins • ••.. 25 Michael Fancey Photography & Research Special / Juneteenth David Jordan 28 CONTRIBUTING EDITORS Focus /Home Arrest 31 Dave Mann Legal Issues Faith 34 Nilsen Ari.nghard East Unit Yard Alert 35 Kaye Ferguson Women's Prison Insider's Outlook/ Paul Parris 36 Good stuff from -- Juni.es Forum/The Telephone Dilemma 37 Jenkins, Ezra Longti.me, Davi.d Jordan, John Brewer, Sports & Recreation 41 Paul Parrish, Gene Compton, Wayne Alexander, Nilsen Health & Fitness 43 Ari.nghard, Kaye Ferguson, George Frable, R.H. Kelly, Psychology 44 Michael Seabourne, Cliff Gustafson, Tony Gonzales, Women's Pri son 47 Ray Kennard, Don Noletti., Kenneth D. Starks, Jr., News Briefs 48 Davi.d Goldberg, and, of course, Abner Lop. Puzzle Page 51

Dead Letter File

LA ROCA Magazine .1s publ1.shed b.1-mon t hly by and for the 1.nmates of the Arizona State Pr.1son Complex-Florence. The reasons for publication include: ( 1 ) T o be 1nformat1ve of the activities and programs 1nvolv.1ng inmates, adm1n.1strat1on, and concerned 1.ndiv.1duals throughout Arizona and the nation ; ( 2 J To a c t 1n part as an intermediary between inmates and adm.1n1stration of the Department of Correct1ons ; and (3) To encourage growth and self-development thro ugh an exchange of ideas, art, and "'rit1ng. LA ROCA is distr1buted at no cost to each 1nmate at ASPC-Florence, and is also available to subscribers located 1n t he Un1ted States at a cost of $12 per year. Address all correspondence and subscript1on requests to: LA ROCA , P . O. Box 629, Florence , Arizo na 85232. The op1n1ons expressed here1n do not necessar1ly reflect the attitudes and/or op1n1ons of the LA ROCA Magazine, inSt1tut1onal administration, or of the Ari ­ z ona Departmen t of Correct1ons. Perm1ssion to repr1nt any part of th1s Hagaz1ne 1s granted prov1ded proper credit 1s given to the author and to LA ROCA. Each print run of LA ROCA 1s 4 200 cop ies. LA ROCA invites your submittals--..,h1ch .., 111 be returned only 1f accompanied by a self-addressed, stamped envelope . LA ROCA PAGE 1

ft7 ~ l Editorial - William Hester -

The Pr i son Paradox

The prison experience , now swo llen structive s ubjects -- spiritual, academ­ with unma nageable numbers, has become an ic , reading , thinking. You know, secur­ obstacle course for many inmates : stif­ ity . ling , exasperating . These are the men For the most part, then, individual­ a nd women who have maintained , or devel­ ism, as reflected in an inmate's desire oped , both the e nergy and pride of skill for self-rehabilitation; in his / her em­ and accomplishment . They want to gel ployment of talent and skill, in his in­ better . clination to be productively occupied -­ They ' vc got nothin ' comin ' . is not rewarded at all. Not by the And t herejn lies the catch . On one Parole Board, not by administration, and hand, we arc "progr amme d" Lo emerge from not by secu rity . It has, in fact, come captivity as responsible , socially aL­ to the point of many inmates throwing up ccpLable job-holders ; encouraged to ctd(,pt their arms in defeat and lumbering off the survival framework of the outside . to t he mindless distraction of the tube . On Lhe other hand, however, the Amo ng staff and ope rAting personnel Arizona penal patchwork becomes more r • e men and women who l.1 , demonstrated moved from the real world eac h year . The c1 practica l sense of goodwi ll and reason . "mission" of the Department of Corr ec­ Here at North Unit , for example, the co­ tions has revealed an insidious contra­ operation and latitude offered La Roca diction , a nd is polarized by two incom­ ha s been good, workable, sensible. In patible concepts . Punishment vs prepar­ other areas, however, regardless of in­ edness . tentions , staff personnel hav e been stuck On Lhe streets of a popuU st-dem,, cra­ in t he mire of unreasonable enforcement : tic society , Lhe reward system flourish­ controversial, expensively adopted rules es : traditional , st r ong , inspiring. reflecting a regimentally inclined Direc­ Ac hieveme nt and reliability is recog ­ t or . It has created a limiting , oppres­ nized . Within t he correctional cultur e sive experience . As a result, more court of the Gra nd Prison State, howe ver, t he action, i.e., more time, money, negative shift is Lhe other way: individual e f­ e ne rgy, frustration . fort is often suspect , mandated programs Bottom line : in many aspects of our (with few exceptions) are narrow info­ prison life, we are not being prepared, cus, and , in the wake of wholesale p10- we are being punished within a system perty-clothing-commu nications restric ­ that pulls us ever distant from reality . tio ns , we are being prodded, melded, like An d so while individualism is being smo­ silly putty, into the clone-like sameness thered, and rewards /incentives have all keenly perceived by George Orwell. but disappeared, we, as individuals, must In Tucson, an inmate i s subjected to grit our teeth and calmly, resourcefully, a prolonged hassle in obtaining a Mas­ become even more determined to shape our ter's degree. The books he requires ex­ own destiny . We must know that we cannot ceeds the proper t y list. In Douglas, a c ut it out there with the mentality o f visiting college counselor is turned away a ma rshmallow and the plodding okey-doke aft e r a long trip due t o " lost" paper Lhat has flooded the management scheme work . Here and there, classrooms arc of our closed environment . abruptly "unavailable, " and will no long­ er accommodate t he penetrating and effec­ ~ tive inmate-to-inmate dialogues on con- Get after it, brother. i. .. PAGE 2 LA ROCA

[ Letters to the Editor ]

Editor:

About your Psychology column and what Dr. Lederer says. He explains that SMU exists so that other yards can operate Editor: normally. He classifies us as trouble­ makers, "problem" people. He states that Regarding the Central Office Inmate there are opportunities for us to earn Newsletter for April, 1989, -- I agree back privileges. I know of none. We sit with the statements and the sentiments of here for six months, sometimes more. The the newsletter, however, there is one staff hands out write-ups for such minor aspect o f r e habilitation that is not men­ offenses but they always seem to be treat­ tioned and that the inmate cannot control ed as majors. There are no programs to e ven though he is trying to better him­ help with these "Behavior Problems" we are self, and that is the fact that he needs supposed to have. And you only see the the assistance and cooperation of DOC. counselor when he wants to see you. When I was in treatment and counseling for we are classified, it seems to take a my crime, Viet Nam PTSS and alcohol abuse, month or two to be transferred. In short, with a Tucson "street" psychologist while Dr. Lederer don't have a clue. Unless you at ASPC-T, Santa Rita. My street support or someone you know has been here, you group is in Tucson. I mandatory in Jan­ would see how wrong he is. uary, 1990. The Parole Board said, "To continue counseling for a favorable con­ - Lee Monchamp sideration." My wife has advanced emphy­ SMU sema. I was in the middle of a Pima Com­ munity College semester. All that I was doing to change my habits and to reenter society has been cancelled by being moved Editor: to ASPC-F, East Unit, because, to quote John Kohl, "The Department is currently About Chaplain Grant's program to facing a critical shortage of bedspace." teach the game of Bridge -- this is truly I use one bed wherever I'm at. What is pathetic. This chaplain doesn't have time DOC's purpose in removing me from rehabil­ to answer kites on religious needs or to itation programs? Actions such as this try to help someone who has a spiritual only encourage recidivism. need (or at least play like he is trying DOC has stated many times that reha­ to help) but he has time to set up a bilitation is not their responsibility. Bridge game. ISN'T THAT SPECIAL! With this attitude, and not cooperating ONE QUESTION - WHAT DOES THIS HAVE TO with inmates that are trying, is it any DO WITH RELIGION? I would have no qualms, wonder that most of us just give up trying he can do whatever, but he doesn't even to prepare ourselves for the world outside do the job he is hired to do. Just put these walls? If society wants the statis­ him in charge of recreation, or better yet tics of recidivism changed, the attitude give him a badge and brown suit, and hire and purpose of DOC must change. DOC must a REAL chaplain: someone who helps pris­ become, as the initials stand for, a Qe­ oners who are in desperate need of finding partment Qf ~orrections, not just a stor­ the LORD GOD! AMEN. age facility. - Tim M. McCoy - Tino East Unit Central Unit LA ROCA PAGE 3

Editor: effective human interaction, discipline, development, and positive behavior. Unfor­ Your article "Shock Treatment" (March / tunately, SMU is dedicated to the opposite April, ' 89) was full of fanfare, hoopla, view. ADC officials didn't gamble when and praises. Don't get me wrong, the po­ they built this $100 million monster. They tential is acknowledged. Any improvement wanted a secret shock treatment program on a positive course is worth cheering of the highest negative value. What pro­ about. Praises are due the individuals ducts do you suppose will result? operating East Unit's Shock Program. But if East Unit ' s shock program is viewed as - Chris Weatherall the humanistic side of ADC's caring offi­ SMU cials who demonstrate real compassion and real concern, then it can be said of Special Management Unit (SMU) for 1-5 in­ mates that it represents ADC 's demonic, animalistic, uncaring attitude for human life . Void of concern, compassion and h1 - manism, SMU represents the latest in dehu ­ manization. Ever y coin has its two sides; SIU's Editor: four-month regimen and SMU ' s six-month regimen. "No-choice shock of rigid con­ Some months ago I wrote you from the trol" also characterizes SMU ' s 1-5 forced Tucson Complex requesting a copy of Dave idleness, induced laziness, pent-up frus ­ "ann's booklet "Conflict Resolution" (pre­ trations, and verbal racial attacks suf­ , iously called "Suing in State Court"). fered and inflicted on nothing-to-do pris­ Please be advised that I am now returned oners. If the shock program is to bring lo Florence. about the best of a person , where little Mr. Mann's law column is the best of 'atLa boy' remarks are heard, how could its kind that La Roca has ever carried -­ SMU ' s I-5 shock program miss bringing o , both well-written and well thought out -­ the worst of a person, where "F_K YOU . and I'm very much looking forward to re­ PUNK!" is heard as routine jargon? ceiving this publication . Sweet and bitter water from the sa Thank you for your consideration. river's mouth -- flowing into the ocea• of society . Understanding the two s i des Robert B. Smith of the human psyche is simply a question South Unit of which side we choose to cultivate and grow . ADC and legislative officials, reali­ zing the potential for positive human be­ havior through shock with positive energy, would be one-dimensional thinkers if they failed to see the potential for negative behavior through shock with negative ener­ Editor: gy. SMU's 1-5 negative shock value pro­ vides that energy . Sure we're talking The article about Inmate Business different classes of prisoners. The focus Enterprises was very interesting. however, is the scale used to determine Since the women in DOC have never been the worth and value of a life. If a per­ afforded space for this purpose, I would son makes a mistake more serious than a like to see another article or a booklet Class 4 felony, does this mean such an in­ explaining the ins and outs of Inmate dividual is no longer worth rehabilitat­ Industry. ing, even though it's their first offense? I have read the policy and it is sing­ The Department of Corrections is gamb­ ularly uninformative. ling with SIU to see if it will help re­ make individuals wh , learned about them­ - C. Ka ye Ferguso n selves. The~ 'Anr) hope they will promote Women's Unit PAGE 4 LA ROCA

Dear Editor:

I read one of your magazines, La Roca. I enjoyed it a lot. It was sent by a Pen Editor: Pal there in Florence - no names. But in 1986, my son got me interested I just received your most recent issue in Pen Pals because I care so much about of La Roca, and as usual it is fantastic. people. I mean human beings. Ever since Having once been on the staff myself, it 1986 I have many Pen Pals there in Flor­ does my heart good to see the fine tradi­ ence. tion alive and very well. So I have always thought, What can I The reason for my letter is to request do for them? How can I help them? Well a copy of Dave Mann's b ooklet, "Conflict my answer to my prayers is this way! Resolution ." I am now working as a Law Yes, I love people of all races. Many Clerk here in Tucson and Dave's articles times I wish I could do more for my fellow are invaluable in my own work and in help­ man, because I feel not many oeople care. ing others to understand the law. But I care a lot. I hear thei r cries loud Keep up the good work, and thanks. and clear . So I thank you for giving me a chance - David M. Soule' to show my feelings for them all. Rincon Unit I send all my love.

- Vicenta Hernandez New Subscriber Editor:

I just got finished reading the March/ April, '89 issue of La Roca, from cover to cover, and I enjoyed every printed word. My hat is off to you, especially for your "Waste Management" story. I also would add that reading La Roca has given me insight as to what is going Dear Editor: on around us, here, not only in the prison system, but the legislature, the courts, You guys are doing a great job. and the minds of many. I was sent to Douglas quickly, and I have been unfortunate enough to have there is a sort of remoteness here -- in been chosen to spend my first introductory terms of what else goes on in the system. term at the Special Management Unit (SMU). La Roca gives me a window to a lot of Not as a special management case, but for things, and the magazine is something we some ungodly reason there are a handful wait for anxiously. of us 4-3 inmates here awaiting movement Abner Lop is our favorite con. -- anxiously I might add! La Roca is a great source of informa­ - Will Sender tion to me here, and I have appreciated Douglas the issues since my arrival in February, 1989.

- Ferris Price SMU LA ROCA PAGE 5

- Ezra Longtime - [ Prime Time) Where Have All The Lifer's Gone? . North Unit Breaking U p The Good Guys

In Arizona prisons -- in any prisons -- Lifers have developed a deservedly good reputation : steady, reliable, brig hter than most. They are good risks; perhaps the best risks. For a long time , Lifers here in Arizona normally opted to follow a customary route to Nort h Unit (Minimum), previously known as "O . T . 11 (Outside Trusty) . Some even made iL to the remote "work camps" of Safford and Fort Grant. In any case, the process could be slow and deliberate, depending on what kind of convict you were; how well you "programmed," who you knew, and who was in charge. When it happened, if it happened, lucky Lifers packed up their gear , walked out of the often-dreaded Central Unit, and, in most cases , entered the North Unit's world of mobiliLy, molivation -- and a lot more personal space . This would be home for a long time, and it was a marked improvement over where they came from . AL No rth Unit , Lifers exchanged nods, explored the possibilities , talked, traded ideas . Va rious informal coalitions were formed . Before lonb , an official body of Lifers was developed as an approved social-service organiza Lion . From that platform, olher , more specialized programs and activities were launched -- and for the past 15- year s Lifers have contributed positively and persuasively to the prison, the community, and to society in ge neral . Their impact deserves a look . In May, 1973, Lifers Engaged in Action Projects (LEAP) was founded as a service or­ ganization to " help others . " The group subsequently coordinated an impressive sequence of projects designed with muscle and heart. Substantial contributions were made to benefit local, seriously ill children . The TOYS FOR TOTS program began with the old O.T . slaughterhouse being converled to a workshop where Lifers repaired / rebuilt bicycles, wagons, scooters, and all manner of toys for children who did not have any . After The Lifers Club was chartered in 1974, other goodwill activities were added to Lhe g rowing lj st of good works . Jn the Lifer ' s Blind Project, inmates tape-recorded books for the blind. LEAPers renewed the children's playground in Florence. Donations of cash and equipment were made to the Muscular Dystrophy Telethon. Assistance in v ar­ ious ecology drives was provided . Much needed painting at the Florence Little League Park was also completed, along with g rounds preparation at the Coolidge Girl Scout Day Camp . During the flurry of well-directed activity, Lifers were also able to secure the cooperation and respect of a wide range of community businesses and civic organiza­ tions . Lifers were out there, getting it done. By mid-1975, most everyone knew what the Lifers were up to -- and it was all good. Good works, performed by a solid, well-coordinated battalion of Lifers, continued apace . During 1977, the group delivered about 1,400 TOYS FOR TOTS to surrounding com­ munities . The Prison Life Information Program, (PLIP), a moderate (and more intelli­ gent) version of the controversial "Scared Straight, " found Arizona Lifers presenting talks and roundtables to schools and other community organizations . . advocating re- spect for law , and narrating the consequences of not doing so . In early 1981, Central Arizona College staged the first SPECIAL OLYMPICS for the handicapped, in which Lifers played important roles. They donated merchandise for the concessions; special T-shirts, an awards stand, and the olympic torch. Further, three inmates were hosted by Arizona State University for their certification training, and were eventually assigned as SPECIAL OLYMPICS coaches . Donations by Lifers funded a Special Olympian's trip to the Winter Games in Vermont -- the young man returning with a gold and silver medal. Lifers went forward : visits and maintenance to the Senior Citizen ' s Home; work at Faith House (home for battered women), parlicipation in the prison ' s famous OUTLAIJ RODEOS, volunteer work at charity fairs, the Pinal County Nursing Center . Lifers quietly went about their business and business was good . Someone said it couldn't last -- despite a virtually unblemished ten-year record . PAGE 6 LA ROCA

They were right. But a series of insidious changes were not triggered by some threat­ ening incident; nor by controversy in the community. Instead, it came from within. It is called "policy." As part of the new classification system adopted during 1984, Lifers were prohibit­ ed from "outside" travel. With projects restricted to on-site activities, there would be no further direct community contact. Programs were trimmed down and/or cancelled. The Lifers also lost their clubhouse and TOYS FOR TOTS workshop. As for the classification criteria's influence on individual inmates, all Lifers then assigned to minimum or O.T. custody units were "grandfathered" in at their respec­ tive facilities. Other Lifers in medium or maximum custody units, however, were abruptly deprived of any hope for reaching minimum status. Further, any minimum secur­ ity Lifers that might be transferred to higher custody for security or disciplinary reasons would never have an opportunity to return. That was policy. The work was be­ ing whittled away, and the pipeline of Lifers to an honorable, like-minded coalition was plugged up. Still, to this day, The Lifers Club and affiliated projects have accomplished a re­ markable record; have donated toys to more than 6,000 needy children, and have contrib­ uted more charitable inmate-generated funds than any other single prison organization.

Who are these men? Until the 1980's, most "Life" sentences were imposed following a conviction of first-degree murder. Section 173 of the old Arizona Penal Code (quoted here from the 1913 edition) was valid from the Arizona Territory days (1899) to 1973. It read Every person guilty of murder in the first degree shall suffer death or imprisonment in the state prison for life, at the discretion of the jury trying the same, or, upon the plea of guilty, the court shall deter­ mine the same .

In 1973, the penal code was amended to reflect the new punishment under Arizona Revised Statutes 13-453 .. A person guilty of murder in the first degree shall suffer death or imprisonment in the state prison for life, WITHOUT POSSIBILITY OF PAROLE UNTIL THE COMPLETION OF THE SERVICE OF TWENTY-FIVE CALENDAR YEARS IN THE STATE PRISON, AS DETERMINED BY AND IN ACCORDANCE WITH THE PROCEDURES PRO­ VIDED IN SECTION 13-454.

This statute, which called for the jury to decide whether the defendant would live or die, prevailed until 1978, at which time A.R.S. 13-703 transferred sentencing dis­ cretion to the court (judge). This later statute also called for employment of the sentencing hearing, conducted before the court alone, in which pre-sentencing reports and all claims of mitigating and/or aggravating circumstances were reviewed. At first look, it appears that the earlier penal code instructions referred to "natural" life. With the supercedure of the 1973 statute, however, a debate ensued philosophical and constitutional -- which sustains to this day. Absent any recognized post facto relief for "old code" inmates, and subject to a long list of "fairness" and "equal justice" doctrines and controversies, the issue has been further clouded by sen­ tencing judges who have wandered astray of both statutes. Throughout the state, sen­ tences were imposed which revealed little more than a disregard for the law, and the judge's dark imagination: Life Without Parole for 350 years; a sentence of 195 years (no mention of "Life.") -- and it gets worse. Such disparities have, however, given new "Life" to some convicts who have known better than rely on Arizona's customarily negative commute process. Such convicts, such human beings, many who exploded in crimes of passion, in the blind rage that is potentially in all of us, still cling to hope: a hope that -- just maybe -- the hun­ dreds of appeals and motions for relief will be examined with reason and mercy. As for now, despite their diminished visability and the ever-encroaching shadows LA ROCA PAGE 7

of "policy," Lifers do what they can. Things are not the same, of course. The North Unit's Lifer's Club now maintains an active membership of only three men -- a telling drop from an average of twenty during the early part of the decade. The North Unit Snack Shack, a joint venture of the Lifer's Club and Men's Club, remains as the only visible, operational project that has survived as an income-producing enterprise. But the good guys are hanging in there. Contributing substantially to TOYS FOR TOTS during Christmas, 1988; working with Prisoner/Family/Connection on "Lifer" statis­ tics and funding P/F/C's mock parole hearings; donating to the Florence Little League . it goes on. Not as much, perhaps, but equally impressive. What is perhaps most illuminating about the "smothering" of Lifers activities comes from those same far-reaching policies that have virtually wiped out Lifers well-earned incentive-reward systems. During the past fifteen years, Arizona Lifers have built a record of successful furloughs and successfully-completed paroles that -- as far as La Roca is able to cetermine -- is unmatched throughout the nation . Despite these impressive statistics -- as far as La Roca can determine -- Arizona is the only state which has cancelled such treasured carrots without good reason or public outcry . Is this The Spirit of Arizona? . or does it come from elsewhere? The adjacent summary/opinion was discovered in a yellowing La Roca research file. The author is un­ known, and we print it verbatim . Lifers? The consolidation of effort and ideas is just about history . Lifers are scatlered throughout the system, most of them sequestered in Central Unit facilities. Absorbed by still-disputed classification apparatus, they reflect the system ' s concern with numbers. Numbers are tangible, and numerical-statistical relationships are sta­ tic . Nol like people . Not like the outside. Like Bogart once said, "That ' s life, kid."

Or is it?

Politics a nd Lifers Don ' t Mix in many cases the only home they will know Way back in the early 1970's Lhe LEAP for the rest of their life. (Lifers Engaged in Action Projects) began Whenever anyone finds, buys, builds, contacting clubs and organizations around the home they intend to live out their the state of Arizona to secure their help lives in, they tend to settle into the in a program called TOYS FOR TOTS. At thal community and become actively engaged in time, I was still a soldier stationed in helping to make that community as comfort­ the Army at Fort Huachuca, AZ. I was a able and amenable as possible. They become member of the Fort Huachuca Motorcycle engaged in civic organizations within, and Club. We were one of several local organ­ supporting, their local community. izations in Sierra Vista and the surround­ Contrary to some beliefs, most lifers ing communities which supported the Toys are basically pretty darned good people for Tots program, and we had our first who, in the passion of the moment, com­ parade about December 1974 to collect toys mitted one serious crime for which they for the program. will spend all or most of their remaining How time flies . Now I am an inmate lives in prison. Prison becomes their at the Arizona State Prison (how time home. And the desire to make ones home crawls), just learning about LEAP and the a comfortable place to live prompts a com­ programs the Lifers here have supported munity awareness, and involvement in over the years. organizations. To most of us in prison , the prison LEAP is one such organization. In the experience is a transitory thing . We are past, LEAP, in the Arizona State Prison, going to be here for a few months to a few has been involved in: years, and then return to our families , *THE KEG PROGRAM - where inmates went our homes , our jobs . But for the Lifer, throughout the Florence area and assisLed this prison is "HOME!" The only home they in remodeling and/or building homes in Lhe will know for probably 20 or more years, Florence area. ------PAGE 8 LA ROCA

*MAINTAINED THE FLORENCE Little League Grande, Randolph, Tucson, Apache Junction, Ball Park, and worked in many projects for and the Phoenix area, as well as on the t he Florence Recreation Department. Indian re-servation at Sacaton.

*BUILT THE HANDBALL court in downtown LEAP has been providing a needed, use­ Florence. ful, and valuable public service to the communities and citizens of Arizona, par­ *MAINTAINED THE GIRL SCOUT camp between ticularly through PLIP and TOYS FOR TOTS. Florence and Coolidge. Of all these beneficial community service oriented programs which LEAP was involved *CONDUCTED ACTIVITIES at the Florence Rest in, most have fallen by the wayside, vic­ Home for the elderly, such as reading, tim of the Directo r's anachronistic atti­ bingo, card games, etc. tude toward prison inmates. Of them all, only TOYS FOR TOTS seems to be alive and *COORDINATED AND COLLECTED donations for well. the Jerry Lewis Telethon. Let's make that ."merely existing," for the moment. No longer do the Lifers them­ *PARTICIPATED I N THE Pinal County Special selves deliver the toys in the surrounding Olympics as coaches, helpers, etc. Parti­ communities. No longer is there a big cipated in Special Olympics in other parts facility where year-long the Lifers dedi­ of the state as well. cate their spare time ho urs to building and rebuilding toys , and reconditioning *HELPED SUPPORT LITTLE CANDLE and several hundreds of bicycles for Christmas distri­ other homes for battered children and bution to kids who otherwise would never women. _ get them. Such deliveries have now- been placed (by Director Sam Lewis) in the care *PARTICIPATED SUCCESSFULLY in the Crime of city police departments, county sher­ Prevention Fair in Tucson. iff I s deputies' and even priso_n guard's . ; No longer ...doe-s LEAP cg_llec t, :c_efurbtsh, *CONDUCTED P.L.I.P. - Prison Life Informa­ build and purcrrase several thousand -toys - tion Program - in which Lifers conducted - thanks to th; Director. · · speaking engagements in local communities, However, this year, as fo{ _some : 15 or helping to keep people from making the more years past, TOYS FOR TQ'!'.S i? seeing­ mistakes they made which got them into to the purchase and d-istributlon : of toys prison. here at Florence for needy childr..en· ·and · __ families. *ORGANIZED TOYS FOR TOTS, at one time, This is another holiday s~asq:i1.n collecting approximately 6,700 toys for which we can only give less. Just' like underprivileged and needy children and we get. ~.c... ~ families around the state. Personally de­ livered those toys in Globe/Miami, Florence, Eloy, Coolidge, Superior, Casa Merry Christmas! ·,.__

La Roca's Law Laughs . ~ Coming up in La Roca ~ In Arizona it is unlawful to {t * * Conjugal Visits conceal a dead horse that you have " * * Down On The (Prison) Farm killed by hitting it with your * * Felon Food car. * * Abner Lop Fan Club

(Where would you put it?) and much more . LA ROCA PAGE 9

Dave Mann ~ [ The Advocate] Editor, Legal Issues -

INMATE CIVIL RIGHTS A Commentary and Analysis example of an evolution which is so rapid that most judges and lawyers have diffi­ We as prisoners frequently are sub­ culty knowing at any given time what would ject to the changing attitudes and be considered an unreasonable search or philosophies of the various courts which seizure. make determinations of what our rights Small wonder, then, that prisoners' might be. In recent years , there has been civil rights also are changing. This a very pronounced change in the political article takes a brief look at where we climate toward the conservative. Appoint­ have been and where we are now in terms of ments to the federal bench reflect these the standards applied by federal courts to philosophical shifts. As our politics various kinds of inmate civil suits. move toward the right, civil rights The Beginnings judgments tend to be narrower and migrate The Dark Ages of prisoners' rights toward the " strict constructionism" which were not so long ago. Prior to the point is part of many conservative agendas. where inmates could sue under the Civil Strict constructionism is difficult Rights Statute regarding conditions, we to define exactly, but it seems to mean had virtually no rights at all. The that for rights to exist, they must be prisoners ' rights movement was the direct found in the Constitution or our laws, result of the great upsurge of social identified explicitly rather than inferred. con science which occurred in the United A strict constructionist, then, might deny States in the sixties. Many rose up and that the Constitution contains for the took the position that this country must cit i zens, any right of privacy . The do something about the poor state of civil Constitution is silent about privacy. The rights in general, for many different courts have inferred some privacy rights groups . An increasingly sympathetic and given them life. [Some legal writers federal judiciary agreed. point out that " privacy" in law does not The old civil rights statutes from mean the same as the word in common usage; the post-Civil War era were discovered and the right which we examine is better resurrected. (They were still on the termed the "right of personal autonomy."] books.) The United States Supreme Court When a right is only suggested in the declared that prisoners could sue for Constitution, it is especially vulnerable their rights under these statutes. See to being edited out of our list of rights Monroe v. Pape, 365 U. S. 167 (1961). by later courts. Even explicitly stated Many other civil rights events were rights are subject to change . Since privacy occurring at the same time. It was during has been read into the Constitution by this era of judicial activism (a charac­ judges, it is subject to major change. teristic of much liberal politics), that The l eading case on privacy rights is many of the requirements of the Bill being reconsidered in the pend ing abortion of Rights were applied to state court case before the Supreme Court, which will criminal proceedings for the first time. be announced about the time you receive As incredible as it may seem, they did not this issue of La Roca. Roe v. Wade, 410 generally apply before this time. For U.S. 113 (l973);Griswold v. Connecticut, example, the Fourth Amendment did not 381 u. s. 479 (1965). apply to the states until 1961. Mapp v. Even the rights which clearly are Ohio, 367 U. S. 643. There was no found in the Constitution are subject to federal requirement binding upon the change over the years by different courts. states regarding a privilege against The Fourth Amendment is an excellent self-incrimination until 1964. Malloy v. PAGE 10 LA RO CA

Hogan, 378 U. S . 1 . Nor was there a As an aside, perhaps the greatest right to counsel deriving from the federal tool t hat has been available to prison Constitution until 1963 . Gideon v . litigator s has been the class action. Wainright, 372 U. S . 335. Other This is t h e concept that a few inmates late- blooming federal rights applicable to could stand as representatives of other the states will be found in these landmark inmates with similar problems . This has cases: Klopfer v. North Carolina, 386 U. made it possible to achieve progress that S. 113 (1967) [right to a speedy trial]; otherwise would have been piecemeal and In re Oliver, 330 U. S. 257 (1942) disorganized. An inmate is not allowed to [right to a public trial]; Pointer v . act in a pro pe r capacity in a class Texas, 380 U. S. 400 (1965) [right to action, for a number of good reasons . See confront opposing witnesses]; Duncan v. Oxendine v . Williams, 509 F . 2d 1405, Louisiana, 391 U. S . 145 (1968) [right to 1407 (4th Cir . 1977) . Only lawyers may an impartial jury]; Benton v. Maryland, repre sent clas s es, and lawyers for civil 395 U. S. 784 (1969) [privilege against rights groups s uch as t he American Civil former jeopardy] . Liber ties Uni on National Prison Project do It may surprise you to learn that s o in s electe d ins tances, as do other most of these federal rights have applied groups inte r ested in prison ref orm. Pri­ to state criminal proceedings for only vate attorneys also occasionally represent roughly 25 years. For the previous 175 classes. years of our nation's history, they simply I. Pr i son Conditions did not exist in state criminal actions The Eighth Amendment's prohibition of unless the individual state granted them cruel and unusual punishment has been the through its own laws . source of most challenges to prison It is no coincidence that these conditions . Some of the conditions over remarkable examples of judicial creativity which courts have taken jurisdiction and occurred during the tenure on the Supreme ordered corrective action include over­ Court of Earl Warren (1953-1969), much of crowding, unsafe facilities, poor medical it in the waning years of his life . He care, etc . The courts remain active in retired from the Court in 1969, and died these areas in literally hundreds of suits five years later, warmly remembered as the throughout the nation. The principal California conservative whose social limitation which has been imposed upon conscience came to the fore and changed the courts is that where a judge finds the face of American law. He must have that a particular condition is unconsti­ been quite a surprise to Dwight tutional, the court must allow and require Eisenhower, the conservative President who the defendants to propose the means of appo i nted him ! correcting the problems rather than the During the halcyon years of devel­ court becoming deeply involved in prison oping social conscience, court decisions administration. Rhodes v. Chapman, 452 paved the way for prison r eform . U. S . 337, 352 (1981) . But where the It is clear that prisoners do not defendants fail to comply with a cour t's have a broad range of civi l rights. Many orders, the court may undertake to devise are lost or attenuated by virtue of being specific reme dies and to impose them impri soned. Those which are not inconsis­ through the court's broad remedial powers. tent with imprisonment are retained, at Hutto v . Finney, 437 U. S. 678, 687-88 least to some extent . Bell v . Wolfish, (1978) ; Bounds v. Smith, 430 U. S . 817, 441 u. s. 520, 546 (1979). 832-33 (1977) . This is just another way of In civil rights litigation, there saying that prison defendants will be appear to be three more-or - less dist i nct given the opportunity to set their houses k inds of claims : (I) chall enges to general in order ; if they fail to do it, the court prison conditions; (II) damage claims will do it for them. related to specific abuses which lead to injury ; (III) challenges to prison policy and management schemes . LA ROCA PAGE 11 if he were actually not an employee, but II. Specific Injuries was instead under contract to the prison The Civil Rights Statute provides as an independent contractor. The jurisdiction for making claims for money District of Arizona had adopted this damages for specific injuries under the defective decision and dismissed certain Constitution. So, for example, inmates doctors from lawsuits brought by Arizona have sued for physical injuries deriving prisoners, for example, the radiologists from internal body searches conducted by which service the Florence Complex. The nonmedical personnel when actual physical Supreme Court soundly repudiated the and mental injuries occurred as a direct notion that liability could be avoided result of such brutal searches. Inmates with such a theory . West v. Atkins, 108 have sued when they deliberately and S . Ct. 2250 (1988). Had the Supreme Court knowingly were placed into dangerous not overruled, it would have set a very situations by prison personnel and then serious precedent that might have encour­ actually were in jured . People have sued aged departments of corrections to police officers when there were thefts establish their medical facilities wholly which were the proximate results of as independent contractors, thereby illegal searches. Inmates have sued prison escaping 42 U.S.C. §1983 jurisdiction. But medical personnel for knowing amputation since the decision effectively was of the wrong limb, etc . These are unanimous, I would interpret this to mean specific damages which may be actionable that the conservative Court will not make under the Constitution. major changes in the liability principles ThP major changes that have occurred regard ing specific injuries. in the law of specific injury seem to be III. Prison Policies and Management in a narrowing of the scope of jurisdic­ It is this area where the increasing­ tion. For example, at one time, one could ly conservative federal judiciary has made bring an action for simple negligence the most changes. Although it always has under ~2 U. S. C. ~1983 if the state did ~een a principle that our courts must not offer a remedy. Parratt v. Taylor, defer to the judgment of prison admini­ 4'il lJ. S. 527 (1981). This now has been strators, the level of that deference has changed. Simple negligence may not b2 the risen considerably. basis of civil rights jurisdiction under At one time, policy intrusions into any circumstances. Daniels v. r·h 11 iams, the First Amendment were examined strict­ 474 U. S. 327 (1986); Davidson v.Cannon, ly. The test was comprised of two parts: ~7~ U. S. 34~ (1986). It has become very (1) the intrusion must be related to a important for prisoners to distinguish substantial and important government between deliberate indifference which is interest and, (2) the intrusion must be no actionable und er !12 U . S. C. §1983 and greater than that necessary to satisfy the simple negligence, which is not. I wrote interest . Procunier v. Martinez, 416 U.S. about the differences in the previous La 396 (1974). Roca. State defendants almost invariably This test has been dismantled by will attempt to get injury actions dis­ later decisions. missed on such grounds. The key difference The present standard of whether a is in being able to prove that such First Amendment intrusion will be toler­ employees knew of the danger and ignored ated by the federal courts is simply that it. the prison policy or procedure must be Some federal judges take the position reasonably related to a legitimate peno­ that state prisoners should not be allowed logical objective, and the policy response to sue under 42 U. S. C. §1983 at all, if must not be exaggerated. So for example, there is a state remedy available. Mann the Supreme Court has held that a v. City of Tucson, 782 F. 2d 790 (1986). religious group may be prohibited to (See Judge Sneed 's "concurring" opinion). attend a particular weekly religious To date, this point of view has not been ceremony, when there are other ceremonies adopted. which could be attended and where it was It appears that the area of specific necessary to teach the importance of damage wil l continue to be relatively remaining "on the job;" a lesser goal i,as stable. The Supreme Court recently over­ institutional convenience in allowing the ruled unanimously a Fourth Circuit inmates back into a closed area during the decision that held that a prison physician hours in question. O ' Lone v. Estate of could not be sued under 42 U. S. C. §1983 Shabbazz, 107 S. Ct. 2400 (1987). PAGE 12 LA ROCA Prisoners may be prohibited from wri­ ting to one another, because there are legitimate security and rehabilitative Will the courts ban it on constitutional concerns. Turner v. Saffley, 107 S . Ct. grounds? They haven't, yet . It takes 2254 (1987). Prisons may restrict what little imagination to come up with prisoners may read if the restrictions programs that would better meet the relate to maintenance of order and similar objectives announced by the Department consid~rcit'iorts, provil:Ied there are due without damaging the family and other process safeguards regarding the banning relationships of the entire population . of a particular book or ma gazine, and Whether the De partment will be r eceptive provided that each publication is inspec­ to these more direct and les s generally ted and the prohibition i s justified in intrusive opportunities is unknown . But writing . The Supreme Court remanded the this much is certain: although the obvious case back to the district court for a alternatives are l ess intrusive in gener­ determination of the constitutionality of al, they also are more costly. the individual bans on over 40 publ ica­ Will the Department be allowed this tions in the Federal Bureau of Prisons. First Amendme nt intrus ion under the The dissent was particularly angry in current state of constitutional l aw? What this recent dec i sion . Thornburgh v. do you think? Abbott, _U.S._ (May 15, 1989) . Middle Ground has announced that it Although much of the above case law ma y sue based upon failure of the Depart­ relates to the First Amendment, the ment to obey the Administrative Procedure principle which has developed applies to Act and have public hearings on this all prison regulations, policies and i ssue, since it affects the public . Middle practices . The federal courts will not Ground won this with respect to the new enjoin such actions if prison officials visitation policy, and probabl y also will can describe some reasonable penolog ical win the issue regarding telephones. I goal associated with their policies . agree with Mrs. Hamm when she outspokenly The Court agreed that if there were condemns the Department for refusing to less restrictive means of accomplishing obey state law regarding its rules. Since the stated objectives, this could be proof this is at least the second time the De­ that the regulation i s not reasonably partment has seriou sly violated the related to the goal, and it may be struck A.P.A., Middle Ground should seek a down on that basis. But note that what permanent injunction forbidding future u sed to be the standard now becomes mere violations of this law. This wou ld ma ke evidence. remedies for contempt available for any Are the new grooming policies based additional violations. upon reasonable penological goal s that are I do not hear much complaining about persuasive enough to override clearly the concept of monitoring. For those stated religious precepts, for example, inmates whose telephone u sage is for the for Orthodox Jews? That i s an inte resting purpose of holding their families and question which is being actively litigated associations together, monitoring probabl y now. We have learned from O ' Lone, that does not matter much. What I hear most is even the most sacred of beliefs .. . atten­ that signups and time limits will damage dance at religious services ... is not family relationships, because the usual exempt from intrusion. signup methods are abused frequently, and An additional current concern of cannot account for busy signals, etc . In Arizona prisoners is the announcement that addition, limited time present s a problem; telephone calls will be taped and moni­ one cannot hold families together and deal tored and there may be some kind of signup with important things like release plans, program and a limited time for calling. etc . , in a couple of minutes a week. A This, obviously, is an incursion into the blanket policy which prevents meaningful First Amendment . The stated penological communication is inconsistent with other goal, according to "The Arizona Republic," Department activities which tend to i s that the Department wishes to detect reduce recidivism. It would be silly for and discourage allegedly felonious conduct the People of Arizona to put up with by inmates. Such taping / monitoring has Department policies which tend to shoot been the rule for years in other systems, off the foot of the taxpayer by acting to such as the Federal Bureau of Prisons and enhance recidivism rather than reduce the California Department of Corrections . it. LA ROCA PAGE 13 Inasmuch as the federal judiciary now Response: Yes . I wrote to the U. S. will tolerate incursions into our most Congress, and have received confirmation fundamental liberti es based upon almost that the jurisdictional law of the Supreme any pretext, it appears to me that chal­ Court was changed in the 1988 session . lenges to prison policies in general will There no longer is any right of direct be increasingly difficult to litigate appeal of any criminal or civil matter to successfully . This i s unfortunate, for the Court. [28 U.S.C. 1257 §3] What this everyone . It a l ways is sad when a means is that all efforts to seek he l p potentially productive avenue of confl i ct from t he High Court are now by means of resolut ion is c losed . There a lready a r e certiorari, only. As you may recall from too few such opportunities . my article, certiorari is an appeal by [ law letters] permi ssion and it is entirely discret i on­ ary . The Supreme Court had been try ing to Question: I am doing flat-time. I am told induce Congress to make this change for by my counselor that when I am released, I years. The reason stated by the Justices will be eligible for no ex-offender was that their workload is extremely heavy programs, no halfway house, nothing. I and they cannot review all the cases that have no family and I'm completely alone. I merit consideration because the calendar have nowhere to go. What can I do? was being clogged by mandatory appeals under the previous law. Response : T don ' t know, but T sure would like to hoar some suGcestions to help Question: I understand that I cannot use people in this dilemma . Public ex-offender the Interstate Agreement on Detainers to and halfway house procrams appear to be force Colorado to pick me up on my parole limited hy statute to people who are on violation there. What can I do to get parole .By definition, inmates serving them to run it concurrently? flat-time sentences are not on parole when they are released . The only a lternatives Response: Polite, gentle persuasion only. open would seem to be private halfway There is no legal basis to force the houses . Tt is a real scandal that such issue, although Colorado might have a inmatns rlo not rec0ive as much post ­ state law which requires concurrency. rnlease opportunity as others . I would like to see this matter solved in some Question: I want to file a criminal humane 1Eiy . Any st.1c,i3cstions? complaint against a judge in my case; can I do this by filing a notarized Question: In the last issue, you wrote "complaint" in The Superior Court? about appealing a disciplinary to Th e Superior Court under A.R.S. 12-901 et seq. Response : No . A citizen may not initiate a Can one also appeal classification and criminal action directly in court . He may grievance decisions? make a complaint to the appropriate county attorney; standard forms may be available Response : Yes . These seldom-userl statutes for the compl aint . The final decision allow for a court appea l of al l final about prosecuting is at the discretion of decisions of an adjudicatory type made by the county attorney and no citizen can various acencies, including the Department overrule his decision. If the county of Corrections . For more details, you attorney refuses even to consider the should write to La Roca and obtain the complaint, one could file suit against the booklet, "Conflict Resolution ." It county attorney seeking a cour t order to includes a section on how to take such require him to examine your grievance . But appeals, and has samp l e forms . Inmates since the law makes the initiation of should utilize these important laws ; the re criminal action discretionary, no court is not a s ing l e reported case of an inmate can mandate him actually to prosecute the filing such an action. Important: the case . Keep in mind that Arizona has a law deadlines are very tight ! which allows a trial court to levy costs plus a $5,000 penalty on fr i volous civil Question: In a previous issue of La Roca, actions ; an action against a county you wrote about U.S. Supreme Court attorney in this context is treading upon jurisdiction by direct appeal rather than hallowed ground owned and occupied by by certiorari in a narrow type of case. I l awyers and prosecutors, and judges quite have heard that there has been a change. possibly mi ght be very i nc lined to Is that true? penalize you for your trouble. PAGE 14 LA ROCA

Question: Can state law or prison policies would have been rearrested instantly on create a liberty interest in a prison job? the refile that the county attorney would do at the same moment. They do not lose Response. Yes. Published policies and jurisdiction in the second event even if laws can create liberty interests they had in the first, unless the judge protected by the Fourteenth Amendment. If dismissed with prejudice ... a highly a liberty interest is created, then due unlikely event. Lastly, it is probable process (usually in the form of a fair that any such claim would be considered hearing) must be accorded. The £act that harmless error, where you pled guilty. See there might be a liberty interest in a Chapman v. California, 386 U.S.18 (1967) prison job does not mean they cannot £ire you. You have correctly observed that Question: I sent you a complete discussion there is no independent constitutional of my case and asked £or your advice. Why right to a particular prison job, or to haven't you responded? any prison job at all. If an independent liberty interest is created by law/policy, Response: I would like to be able to help this means only that it might be required more, but I cannot find the time. I will that you be allowed to be heard in a fair be making no further personal responses to and impartial forum. The key to liberty inquiries, unless I specifically am asked interests is that law or policy must leave to do so by your local administration and the state actors no discretion. The mine here in East Unit. What I try to do language of the law/policy must be is select interesting questions from the mandatory in nature. To study more about kites that come to me through La Roca. I liberty interests and how they interact then write about them. Space usually does with due process, study the analysis in not allow for detailed analysis, except the following recent case: Kentucky where a question may involve many inmates Department of Corrections v. Thompson, and a crucial area of law. Based upon your _ U. S. __ (May 15, 1989)(Prison questions, I frequently write special regulations did not create a liberty feature articles, such as the ones on interest in visitation.) If a liberty extradition, the interstate agreement on interest is created, there then arises the detainers, summary judgment versus dis­ question, "What process is due?" The missal in civil actions, etc. In the near answer will be a balancing act between the future, we will publish an index to past importance of your rights and the articles so that you may obtain copies of government's interest in prison them when you need them. operations. See the following cases for Question: I was convicted and returned to examples of how these balances are struck: prison for failing to register as a sex Bolden v. Alston, 810 F. 2d 353 (2nd offender. What laws allow this, and for Cir.), cert. denied, 108 S. Ct. 229 how many years must I register? (1987); Martin v. Kelley, 803 F. 2d 236 (6th Cir. 1986); Crosby-Bey v. District Response: It is a class 6 felony in Ari­ of Columbia, 786 F. 2d 1182 (D.C. Cir. zona to fail to register as a convicted 1986). sex offender with the county sheriff within thirty days after entering an Question: I never was arraigned, nor did I Arizona county for the purpose of perma­ challenge it at the time. I accepted a nent residence (or temporary residence of plea agreement. Did the state lose thirty days or over). [A. R. S. 13-3824; jurisdiction over me and must they vacate 13-3821], or to fail to provide a forward­ my conviction? ing address as required by 13-3822. "Sex offenses" are defined as those found in Response: The acceptance of a plea A. R. S. 13, Chapter 14 and A.R.S. 13- agreement waives all conditions and claims 3501(1). These include all sexual crimes preceding its entry, except jurisdictional against adults and children, plus showing ones. In the various digests, research the or involving children in pornography. Such heading, "Guilty plea, effect of." Even if registrations are required £or the rest of you timely had objected (which you the offender's life. There are no time didn't), and if you had a jurisdictional limits. Registration is required even if argument pertaining to the first arrest, the conviction occurred in another state when the judge ordered your release you or the District of Columbia. LA ROCA PAGE 15

Registration involves photographs, " prior·• convict ions under these laws. fingerprints, and other information the Registration requirements for sex sheriff requires. A copy of the papers is offenders are common in almost all juris­ sent to the Department of Public Safety dictions throughout the United States. In within three days. [A.R.S. l3-382l(B)] some, violation merely is a misdemeanor. Registration information is to be handled A few jurisdictions require the regi­ confidentially. [13-3823] stration of all persons convicted of all ~ 1 Obviously, Arizona likely would felonies. (i.

INMATE-LABOR PROGRAMS Making prisons work

NE of the major problems confronting prisoners earn the minimum wage and pay 30 0 Arizona is the skyrocketing growth of percent of their earnings to the state for room prison populations. Spiraling costs of construc­ and board. Part of their earnings also go toward tion and operation, mandatory sentencing laws, restitution to their victims and support for their increased drug-related crime and court orders families. again,1 overcrowding have combined to create a Under a recent measure allowing tax critical shortage of beds. incentives for the use of pri,on industries, the The state has few options for dealing with Department of Corrections hopes to expand the the crisis. The Legislature could levy more prison-employment program. The governor of ·1axes to pay for additional accommodations, or Ca li fornia is pushing for similar legislation. the state could release more inmates. Neither Jn addition to helping the state and the option is particularly popnlar. victims of crime, prison-work programs could But another choice may be available ,,,,c provide an even greater payback by helping to redu ce recidivi sm The skills and work habits that, if successfully expanded, could p· learned on prison jobs could substantially help workable solution to the dilemma: p11 tt1 11b 111 st eering ex-prisoners toward lawful and inmates to work to pay the costs of their keep. productive jobs. The idea is hardly new. Many ,tates, AIt hough several obstacles stand in the way in cluding Ari,ona, have prison programs under of prison-industry expansion nationwide - which inmates produce goods or perform organized labor is not cheered by the idea, and services for government or private industry. But a Depression-era federal law prohibits inmate they arc limited in scale. Of the more than work on products moving in interstate com­ 12,000 inmates in Arizona's prisons, only about merce - such programs hold the potential of 600 work in the state's Correctional Industries making a real breakthrough in penology. program, most of them earning about 50 cents Considering the demonstrated failures of the an hour. present system, making prisons work - A few Arizo,rn inmates, however, work for financially and rehabilitatively - is an private industry and, as a result, help to defray alternative most reasonable people would the costs of their crimes. Some 50 to 75 endorse. --l

From The Arizona Republic

Lots of little boys want to grow up to be pirates: that's why there are so many lawyers. PAGE 16 LA ROCA

COMMENTARY -

- John George Brewer - Voice in the Crowd ] CB-6

ANOTHER VI EWPO INT

I find La Roca ' s criticism of current policies and administration to be one- sided. True, there are many gross inefficiencies and abuses . A forum is needed to voice and inform the prison population, but La Roca seems to be a place to cut-up and degrade the prison system . Let's get things straight . everyone is here for being convicted of a crime. Certainly the police, legislature, prosecutors, and courts are not beyond ambition, corruption, and error, but, by and large, most of us are here for what we did. This is my first, and last, internment as a guest of the taxpayers of Arizo na. Perhaps being on "Death Row" gives me a limited view of what most inmates face each day , but I must say that college life in the dorms was far more traumatic than being here on Death Row. However, after this opinion, I doubt my "good fortune" will continue. What especially offends me is the guile many inmates hav e towards many fundamental issues: AIDS testing - it is a disease . Have the test done so you can breathe with relief, or get help. I.O.B.E. - A definite plus on release is a GED, and a workable trade. Yet we ARE prisoners . Where is the "punishment" if we can have a job ( No, MAKE a job) while thousands of upright hones t people cannot even work at McDonalds? I had a business myself, so I know the problems, and I am shocked to hear that felons , thieves, get help from the government. We are prisoners. We do not deserve earned outside income . Conjugal visits - The idea is so ridiculous I won't even address it in depth. Country Club Prisons - I certainly will not say this place is like the pris­ ons G . Gordon Liddy made famous, but it is a far cry from being harsh. (Again, I do not know what the general population has to put up with, but if you have organized tennis, basketball, etc., it can ' t be all bad). Let us remember: laws gov ern us, but laws last as long a s they are required. Any law can be made . In Britain, to help with a gov ernment-subsidized factor y , a func­ tional prototype of the Lear Fan airplane was needed by the end of 1980. Yet, due to a blown tire, and some other minor problems, the crucial flight did not take place. The Thatcher government, in typical "stiff upper lip" style, simply "MAD E" December 32, 1980. Laws can blow as often as the political winds change, but wrong i s wrong. Thievery, robbery, assault, are wrong, and those guilty should not have many of the "rights" they cry out for. Case in point : inmates with AIDS . AIDS is a FATAL disease. It can be, and is, a contagious disease (though rather limitedly) . They should be isolated from other in­ mates, as opposed to the ridiculous notion of issuing condoms / needles. Though, in their isolation, they should not be restricted from activities (TV, sports, visits), but interact only with other patients and medical and SPECIALLY TRAINED security staff . AIDS is at near-epidemic levels, and how wou l d it look if a prison released an inmate with the d i sease. To do so is a crime against humanity! Through promiscuous sex, and /or illicit use of drugs this person has become infected . Who is to say that, in a fit of r a ge at an unfaithful wife, he infects her? No, the proper , humane thing to do is make t h e poor victim as comfortable as possible in his final years. In fact, in such a n e nvir o nme n t, they could become test s ubjects for new AIDS medicine; though that is best left to e a c h ma n a nd his own conscience. My advice to those who read this , is this : 1) You are being punished for your crime . Prison officials are only enforcing the rules you broke . Accept this . 2) Try to improve yourself. Certainly your previous life-style was not a good one: You wound up in prison . 3) Do not ever be b i tter about being locked behind bars - it ' s your fault . 4 ) Never try to " play games ." That attitud e " Do u nto others befor e they do unto you" is garbage. If someone i s so small they must har ass you only to improve their self-esteem, know them for wh a t t h ey are : people as scared , or more, as you . LA ROCA PAGE 17

Those four rules will do more to make you feel better -- in the long run -- than anything else. The wonderful thing is, those rules also work in real life. Remember, you are responsible for your place in life. You are responsible for getting your GED. You are responsible for stealing that car. Yo u are responsible for not returning here. The deck is stacked against you now, that is why you must try harder next time. S,_ill, do not forget , you are a nrisoner now, and always. Like the alcoholic, one drink (or one "high") is all it takL , . Once you give in, it will be easier to give in the n~xt time, and much harder to stop. AS for me, I await my execution (if the legal minds permit it). ~ ~ Good Luck! ii.

lion should be a top priority. Just A DISTANT VOICE warehousing bodies isn't the FROM INSIDE lions, give no answers, make no responses. As an American, answer. Recidivism probably although incarcerated, I have a wouldn't be so prcv;:ilcnt if Dear La Roca, right to express myself. 13ut the minds were being education. A prison newspaper is an educa­ l want to give your readers silence is eating away at me. In order to keep from consu1ning tional thing and a way in which some news from Wisconsin, spe­ many issues of importance could cifi ca ll y this prison administra­ myscl f, I must voice 1T1y views. It is my right. come in and out of the system. tion's medieval attitudes about Major Burrus prison newspapers. Sad as it is to There is no medium here in which to discuss with the prison #34879 nox 351 say, prisoners at Waupun arc not Waupun, WI 53963 allowed to have a prison paper. authorities ways for crea ting The administration feels that adequate cducc1tional programs On Dei~aif ol cur bo!o~ed Daughter & Sister, Dei~hina, we wish tD r.·x 1ericl a the press should report only their and activiti,'s. The very few Sppc::JI Thank You ! C) all 1t ·1 e pL.blic. side of the talc; the inmate's side programs we do have arc regu­ " ,e t ,vc3, fr;r, nds and 0,Jctor who r r•\Jed C'Ur fnrr,i 'y Guririg nur t ir1,e of isn't supposed to be heard. The lated in a manner to give us as d,--~pcrate need. 0uring our times of public can only hear what comes little time as possible to utilize need so m?.ny d ifferer! i:,eo;::!e gave cf their lov,ng generosity. ti'lle. and from the mendacious minds of them. tro t.:ghtftm·•f'S$ 1,-. tt1e case of ou• lov­ tlw administration and staff. :r. ;j Ca 1JQhter ?, :> St'3t, Onipf•ina Ff'!liz, If you elect to work, schooling :v Jr ter:n1nai i~i;•ess was known !o ~II With an inside paper, the hidden is out, and vice versa. I suppose in F!orP.nco a;i;J othfr nc1ghborlng bacteria thz1t infests this place the prison authorities feel that c; c. ~~unities ir,ciud:r,o :rie Arizona Stet.to Prison lnma~es \/'Ja cannct &Y· 1,·uuld be rooted ot1t, and more education and work can't coin­ p :ess tt,e co:;ntless .,,2.ys so many of educa tional programs and you took an active pa rt in the convoy cide. After 3:30 p .rn. all activities, anti strug;i:e to help Delph1na combai activities wot1ld have to come to including educational programs, her ii:nes5. A! I the b&nef1t vol ieyball fruition. This would be like an con1c to a halt. We arc to go to games d;inces. food sales. raffles and various dor:3.tions and ccntribu­ elixir to the souls of many our cel ls, and then unless it is our t;ons io 11st 3 few couoled with all the incarcerated inmates here who cell hall's recreation night, the encou,agernent and support will al• wnys he deeply apprec,ated ;ind ,e­ wish to become more educated. cell is where we stay. 1l1erc is memberod. Vie 11av,~ made an effort ~ lcrc, if one chooses to ha vc a nothing for us to do at night to µr;va,ely Ti1ank everyone who as­ ~isted in this great e,i,jeavor. Often voice, he will most likely be con­ because the law library, music times t11ere v,ere dorat,ons made b f sid ered rebclliot1s, given a room, hobby shop, and school man1 ;;eople unfamiliar to us. It is so conduct report and locked up. encouraging t o know tt•ere v,:ere close down ;:it 3:30 p.m. daily. many ,Jenerous and compassio;,ate Even if the opinions given aren't And even when we decide to use people tnat were not only able but so rebellious or pose no breach of generousiy w il ling to g ,ve of t~,em­ one of the programs before that se:-,es w ithin a period of five years, security rules and regulations, time, we only h;:ive one hour in repeatedly. /\r, we a:1 kn:;w o;..irs is the inmate 1nay still receive some net the only batt!e ... the fig.'1t contin­ which to do so. ues. It is our s•ncore hope that all of kind of retribution, whether it be Rehabilitation is totally out of L.S w ill unite a;1d togenier WE will excessive harassment and body eradicate this disease. We know that the question. It is never dis­ ii Da,phina were to have been suc­ searches. Wlwtcver it is, it tends cussed or even th ought about by cess f u I she woul d have been to make conditions 1nore unbear­ cimcngst the first to pave the way to a the authorities here. 1l1is much greater antJ brig~ter medical able. Matter-of-fact, even writing system in no way encourages t!;oakthrougt1 Again. THANK YOU so this letter could trigger some ma­ very much for the ca,ing. generous achievement or excellence; its all and 1c,ving ways you\ e displayed. levolent action from some prison about punishment, a "throw MAY GOO BLESS YOU and keep the authorities. lives of those you love safe, healthy away the key mentality." and filled with happiness. With All In Waupun it has always been Even though we arc incarcer­ Our Love, Mr. and Mrs. Cayetano Ruiz best to keep silent; ask no ques- ated, rehabilitation and cduca- and Family. PAGE 18 LA ROCA

A La Roca Reform bulletin . OPPORTUNITY

The review of the criminal code is a serious braking motion to slow the mindless construction of costly prisons. In any review, the reviewers try to learn what's wrong, why it is costing so much, and what can be done. Many of La Roca's readers are serv ing ridiculously long sentences for relatively minor crimes. Your experiences during pre­ trial proceedings, trial, sentencing, and in prison, can have an impact on the law- · maker's thinking. It's time to write to the members of the Joint Select Committee on Criminal Code Review, and let your collective opinions be known. Prisoner discussion groups should be formed at each DOC institution on what the code means, could mean, and ultimately will mean to the future of prisons. Every group could appoint their most articulate member to present, in writing, the prisoner's views and recommendations to Arizona's legislators. Will it make a difference? How do you know if you don't try? Joint Select Committee on Criminal Code Review The 39th Legislature of Arizona Arizona State Senate 1700 West Washington Phoenix, Arizona 85007 Powerful changes are triggered by the small steps taken by courageous nobodies.

- Wayne B. Alexander - SMU

ROSE MOFFORD Office of tlie (jovernor GOVERNOR State Capito{, 'West 'Wing Pfwen~, ;Irizona 85007 April 13, 1989

Honorable Jane Dee Hull, Soeaker State Capitol - House Wing Phoenix, Arizona 85007

Dear Jane: During the last decade, the desire for adequate safety and protection from the criminal element in our society has increasingly led us public policy makers to "get tough" on crime. Beginning with recodification of the criminal code in 1978, including its associated mandatory sentencing, government began to respond to the peoples' desire for decisiveness in law and order. LA ROCA PAGE 19

Collectively, this response has produced an Unprecedented record level of criminal apprehension, prosecution, and incarceration. Unfortunately, such an effort has also generated serious liabilities of which we in government and the public must be cognizant. The most serious of these liabilities is the enormous number of men and women residing in prisons, jails and other institutions or participating in programs throughout the state.

Because of our severely overcrowded prison system, 1n November 1988, I hosted a Symposium on Corrections. The purpose of this Symposium was to provide a forum for public policy makers, practitioners, civic leaders, interest groups, and the general public to meet to examine the existing public policy on incarceration in the State of Arizona. After three days of intensively examining the issues that surround this public policy several unanimous recommendations evolved.

One of the most significant recommendations made was to examine the existing criminal code to determine among other things whether or not that code was meeting its public purpose. To make that recommendation a reality, my staff in conjunction with Senator Leo Corbet and Senator Jones Osborn developed a legislative proposal which established i! Joint Select Committee on Criminal Code Review. That legislative proposal (Senate Bill 1278) easily passed the Senate and is now waiting action in the House Judiciary Committee.

This measure offers three important features that cannot be achieved through other mechanisms to review the Criminal Code. The first is balanced, broad based representation including participation from appropriate criminal justice professionals, legislators, executive agency directors, various criminal justice advocacy, and constituency groups, as well as the general public.

Secondly, Senate Bi 11 1278 ensures that there wi 11 be visibility and heightened public awareness of the criminal code review process through the establishment and independent functioning of the Joint Select Committee as a separate entity rather than the subcommittee of another body. Finally, the measure forces accountability for completion of the criminal code review, and ensures that the committee will complete its task and avoid permitting the work to go unfinished or be unnecessarily delayed through neglect or prioritization.

I fully support Senate Bill 1278 because it will require the Joint Select Committee to review the Criminal Code, and determine whether or not the costly but scarce resources of prison beds are being appropriately used. PAGE 20 LA ROCA

Before this Legislature or any future Legislature obligates the State of Arizona to the additional and enormous costs associated with prison construction and operation as a result of the inmate population increases, the criminal code must be examined for soundness. While additional beds are essential to keep up with our ever expanding inmate population, it is vital that the root cause of that expansion be examined. It would not serve the State well if I simply signed into law yet another prison construction program, unless an agreement has been reached that a critical examination of the Criminal Code would begin simultaneously with the construction of the new beds. The commit ment to build more beds must be accompanied by a commitment to make sure our current public policy on incarceration is one we can continue to support not only with respect to the protection of society from criminal elements, but also in consideration of the fiscal obligations such public policy imposes. Therefore, I would urge you and your fellow House and Senate colleagues to ensure that legislation designed to finance the construction of new prison beds, and legislation to review the criminal code arrive on my desk at approximately the same time. In this manner we can fulfill our joint obligation to the public of financing the construction of efficient facilities to protect society from criminal elements, and undertaking a review of the public policy wh;ch has fofced the state to make this tremendous financial investment in Arizona's prison system. I hope I can count on your support in this matter. Sincerely,

ROSE MOFFORD Governor RM:pr c: Honorable Robert Usdane Honorable Art Hamilton Honorable Alan Stephens Honorable Leo Corbet Honorable Jim Skelly Hon o r a b l e J one s Os b o r r, LA ROCA PA GE 21

[Poetry) ROLLING THE DICE Preparation meets opportunity at the corner of fate. "The Ticking of the Years" He shows on time, never late. Suffering is merely a stepping stone, I'm ticking , I'm tocking, A time for reflection and being alone. my gears are talking, A good day is on the horizon, quivering . And haunting your sleep every nighL; Spring is never clouded beyond delivering. My hands indicate Evil begets Evil and pays a heavy price. thaL the hour is late It's not a game of chance; it's played My face sees your hopeless plight. with loaded dice. Personality, development, and eyes tell I'm ticking, I'm tocking, the tale. my cogs are rocking, Every man's story of success is in a book My hands spin 'round and around. filled with pages of when he failed. It's too late for repentance - David Goldberg - as I mete out your sentence, East Unit I'm oiled, my steel spring is wound.

I'm ticking, I ' m tocking, my voice is mocking, Laughing at your man-made hell. Sometimes I engage STORM the alarm in your cage And ring my shiny, bright bell. I think it's time we had a talk. As much as I hate confrontations, My gears are grinding, enough is enough. my spring is unwinding, The dust has dulled my chime. For years now, you've impeded my growth. Sometimes I wonder You're strangling me. if I'll go down under Ball and Chain. Befor e I can measure your time. Sing it Janice, you knew.

My oil is dripping, I can 't say what I mean with you around. my gears are slipping, I'm afraid to go anywhere with you, On my pitted face is a crack; anywhere. I dwindle with fear Sullen silences and jealous snits - guilt. 'cause you 're no longer here I'm sick of it. To wind up the key on my back. And now you won ' t even argue a valid issue. I'm slipping, I'm tocking, You're enjoying this , aren't you? I'm ticking, I'm stopping Get me mad, then laugh at me .

- Cliff Gustafson - Ve ry Central Unit Funny

If I were less of a man, FRIENDSHIP I could hurt you, you know . Smash you, break you to pieces, Castles may stand year after year, destroy you. And nature's beauty is plain to see. But it's special people like you, so dear, But who needs seven years bad luck. That make life what it's meant to be. - Ken Starks - - Ray Kennard Winslow Cent ral Unit PAGE 22 LA ROCA

NOTHING BUT A MUGGING FOOL

Shoulda known better when you were out on the prowl "April" Mugged a sixty year old lady when she started to howl. April is far more than sunshine She was feisty and spittin' as she gripped The warm sunshine that fills my days that o'l purse Her smile fills the emptiness within She kneed you in the groin and screamed a And fills my life with hope in many ways witches curse. You started to back away when she yelled, So sweet her voice like the breeze "Yer under arrest!" That blows from east to west You knew you were screwed when she stuck a Like the rain that fills the sky magnum in your chest. Quenching flowers to her best The spunky o'l broad packing iron in her purse, So beautiful and pure just like a rose Stated, "If you breathe too hard we'll be Young and full of color and life sending for a hearse." Reaching out her petals to the sky You were caught and you knew it To feel the sunshine forget the strife Like a pheasant under glass, An arthritis-bitten Grandma April is one I will never forget Just kicked you in the ass . So joyful and full of love They hauled you off to jail and booked you She is the one that cares about life for the crime And the one I'm always thinking of. The dame was taking Geritol and you didn't score a dime. - Tony "Speedy" Gonzales - Amazed at what you found going through the Central Unit legal sludge When thatscrappin' damn ol' lady turned out to be a judge! So when you're on the street again and kickin' up your heels Tell the fool who mugs the old, there's a TO A FRIEND pistol-packin' Grandma Who'll show you how she feels. As I sit alone in this cold damp cell, I remember when times were going so well. - Wayne B. Alexander - SMU Life has stopped for me, I'm doing time! It's do this, do that, don't get out of line! ILLUSION It's up at six, do as I say, That's how it is day after day! Reality evades us beyond the barrier There are sleepless nights and letters that of pretenses never arrive, in which we exist. Sometimes I wonder, how d o I stay alive? When the facade of I will pray that you never enter the kind characters wears of place that has a hold on me! thin, it's within I hope that forever, you will stay free! our reach.

- Don Noletti - We decided what it CB-6 is and that is the illusion. - R. H. Kell y Central Unit LA ROCA PAGE 23

- Nilsen Ar i nghard - [ Retrospective ) East Unit The Music of The so's A revolution had started . No one could the explosion of the ROCK REVOLU TION with­ stop it . Its effects on every aspect of in our society . They were the BEATLES and our lives, then and now, would not be the ROLLING STONES. The BEA TLES commenced understood until the very soul of America the craze over the new sounds that even­ and the world was shaken into the expres­ tually set the trend for all others . The siveness and deep- rooted meanings of the ROLLING STONES were more influential in Limes. No one escaped the impact. the "Blues" aspect of this new craze . But Back in the SO ' s there had been s ub­ regardless of their great influence upon dued rumblings of change in the music to the music establishment, the sounds that which mainstream society had become accus­ the other bands put out were distinctive, tomed. Innovative sounds and musical no­ and actually delved into the inner "soul" tation were beginning to make headway into of listeners. Lhe ears of American youth . Rejection, This impact was seen more clearly in though, was the response to this newly the late 6O's when the BEATLES broke the conceptualized musical interpretation. barrier of conformity and began to experi­ It was because of this rejection that one ment more with the musical concept of so­ of the pioneers of this genre, Bill Haley cial awareness. For the first time in and his band, The Comets, went abroad Lo musical history, a band had a moral to England, where ears were attentive and ~ tell. Both young and o - ~ became involved titudes were more welcoming. 111 the controversy over tnis manner of Then, the "King ," Elvis Presley, hit depicting the ills of society and offering the scene. By this time this new musical lyrical remed i es. The revolution was be­ concept had been labeled "Rock'n'Roll," yond the stopping point: there was no re­ and as an Alabama radio station commented, turning to the innocent music of the 4O's this music was only for heathens and and SO's, with its constraining guidelines Negroes . America's yout h, contrarily, and themes. proved this statement erroneous and un­ During Lhis period, the desire for ex­ founded. America's white youth started pression became more intense because of to rock Lhe night away and superstars were the conditions that prevailed in the world found and made in all parts of the U.S. at that time. There were young men dying Even England had to concede to this pheno­ in an undeclared war, for an undeclared menon and reluctantly allowed its ta 7 e nted r eason, in an uncivilized part of the yout h to be unleashed for the world Lo see world where the description of it as being and hear. 'foreign' was an understatement . A land The revolution had become pandemic \vhere the youth of America became tainted England, with its reputation of doing with the knowledge of new drugs; where the everything in a proper manner, had to open discontent for such a military action bred its mind to the new sounds, and to allow discontent for the existing establishment free expression. Even stoic Germany, with and its government; a time period where ils puritanical concepts of drive anc for­ reason had been lost and all that was left mality, became a haven for the new "RJck­ to hope for was love and peace. 'n'Roll" sounds. Liverpool, Hamburg, and Every group that produced any sort of Tuscaloosa became synonymous with this new music during the late 6O ' s did so as an music and served to accommodate encla VL S expression of these feelings . Even the of musical groups and fans who heard ~lie names of these groups were exotic -- THE different drummer . The demand for tl Ls DOORS, LED ZEPPELLIN, CA NN ED HEAT, STRA W­ new music was overwhelming and it hac Lo BERRY ALARM CLOCK , and hundreds more. The be satisfied . time had come to denounce our society as Presley ' s style of Rock ' n ' Blues great­ a failure , and music became the medium . ly influenced many individuals and bands . The topics and themes of this music did Two of these bands have been credited with not deal with Johnny and his girl anymore, PAGE 24 LA ROCA

they dealt with the substantive ills and failures of our hoodwinked society. From La Roca's Black Book - On account of this music the genera­ tion gap widened. Factions sprang up for THE PRESIDENT almost every and any conceivable concept. The White House Rock Music was the chariot that carried 1600 Pennsylvania Ave. the new conquerors of thought. Expression, Washington, D.C. 20500 awareness, "getting away from it all," and SENATORS a desire to return to nature were all es­ John McCain poused by this new concept in music. The 111 Russell Senate Office Building Washington, D.C. 20510 strongholds of Puritan America were being Telephone: 1-202-224-2235 assailed and the assailants were winning Local Office out. The radicalism that had been strang­ 5353 N. 16th St., Suite 190 Phoenix, Ariz. 85016 ling our country was being eradicated. Telephone: 241-2567 It was a period of bliss -- an unforget­ Dennis DeConcini able era of change. 328 Hart Senate Office Building Today, the term "60 3 MUSIC" conjures Washington, D.C. 20510 Telephone: 1-202-224-4521 up thoughts of a time when America was re­ Local Office turning to its foundations: freedom of 700 E. Jefferson St ., Room 200 speech and expression. That music is still Phoenix, Ariz. 85034 Telephone: 261-6756 being listened to today and many attempts have been made to copy the music of the REPRESENTATIVES 60's. Although these attempts have failed DISTRICT 1 -- for reproduction of this material would John J. Rhodes III 412 Cannon House Office Building mean the cloning of those minds for today Washington, O.C. 20515 -- the artists of today have excellent ex­ Telephone: 1-202-225-2635 amples to follow in becoming more expres­ District Office 2345 S. Alma School Rd ., Suit e 108 sive and more contributive to today's so­ Mesa, Ariz. 85202 ciety. There will never be another Musical Telephone: 83 1-6433 Revolution quite like the one of the 60's, DISTRICT 2 but music is still, and will continue to Morris K. Udall 235 Cannon House Office Building be, the tool with which civilizations are\. Washington, O.C. 20515 made, societies are built upon, and new I Telephone: 1-202-225-4065 ~ worlds are founded. ii District Office 522 W . Roosevelt St., Suite 100 Phoen:x , Ariz. 85003 Telephone: 261-3018

DISTRICT 3 Bob Stump 211 Cannon House Office Building ' / Washington, D.C. 20515 Telephone: 1-202-225-4576 District Office 230 N. First Ave., Room 5001 Phoenix, Ariz. 85025 Telephone: 261-6923

DISTRICT 4 Jon Kyl 313 Cannon House Office Building Washington, D.C. 20515 Telephone: 1-202-225-3361 District Office 4250 E. Camelback Rd., Suite 140K Phoenix, Ariz 85018 Telephone: 241-2801

DISTRICT 5 Jim Kolbe 410 Cannon House Office Building Washington, D.C. 20515 Telephone: 1-202-225-2542 District Office La Roca regrets to announce that a former 1661 N. Swan, Suite 112 Tucson, Ariz 85712 advertiser, B&E Window Cleaners, is Telephone: 322-3555 "officially" out of business. LA ROCA PAGE 25

- Junies J e nkins - [Fiction) Douglas THE BOX TRAP

The honeysuckle growi ng along the nar­ t hat day the Master had found him aban­ row gurgling stream was in full flowe r. doned at a trash dump, and was no longer The lighL midsummer breeze carried their that energetic little ball of fur the [ragronce up Lhe hill to where the old l'laster had picked up, saying, " Well, hello gray fox lay sunning himself. His half­ Lhere, Sport . " closed eyes came full open as he detecLed Sport looked up at t he Master and gave a smaJ I mo\·ement in Lhe Lrees across Lhe him one of those half-smiles that only a sLream . His gray-black eyes were not as dog who dearly loves his master can give. sharp as Lhey had once been , buL he had If Lhe Master wanted to stop here , that no problem following Lhe progress of Lhe was fine with him . old man and Lhe shaggy black dog coming The fox watched t h em apprehensively . aJong Lhc Lrai l . The man mo\ed sl01dy , Then he looked back over his shoulder at leaning 011 a sLaff , his back slighLly his mate who lay panting in the box trap arched, making noises Lo Lhe do g . Every al the boLLom of the hill, on the side so ofLen Lhey would aJmosL slop , Lhe dog away from Lhe spring . The man had pointed 1vould look up , and Lhe man 1-1ould make a his stick in Lhat direction. The fox knew high-piLchcd cackling noise LhaL Lhe dog that his mate was not aware that the man SC e Ill C d LO C 11 _j O y . f\ S L hey n e a r e cl L he and dog were coming . He g ave a low, yip­ stream-crossing , Lhe fox glided from his ping bark to warn her. She turned her head open sunny spot -- like i1 gray ghosL in his dir ection , but remained as she was . i nLo more dense cover. He 1vaLched from He turned his attention back to the man Lhere . and dog, saw them make their way to the JusL pasL Lhe sLream they paused. The srring , t hen drink and sit down. He ob­ man looked at Lhe dog . " WanL Lo stop a served them fo r a s hort while longer . Then speJ J, SporL , an ' gel adrinko ' h'aler " he got up, crepL silently down the back He poinLed 1vi Lh his 1valking sLaff. " Right of Lhe hill, and laid down in thick co ver good liLLle spring over by Lhe hill yon­ where he could s ee the trail leading to der . \~e can resL our bones some ." He Lhe trap. He waited . At long last they chuckled, " No hurry , you kno,i. 11 His voice came into view and he edged quickly back, 1vas raspy Iii Lh age, buL gentle in Lone. deeµer into the covering bushes. Following His long 1vhiLe beard hung almosL Lo his Lhem intently with his eyes as they came bell- l ine . His hair , still yellow-tinged closer , he wailed to see what they would from iL ' s original brown color , was cul do . in a ragged line abouL his shouJ ders ,rnd Sixty-thr ee years ear lier the man had sLood in fly-away whisps floaLing around come Lo the liLtle va lley hidden away be­ hi s head. His faded blue eyes, near sighL­ Lween the forks of two small streams . He less •1 01v , \vere framed by deep squint - lines came Lo build his large one-room cabin , thaL radiated over his cheek bones and clear a small part of Lhe flood plain for forehead, deeply browned by Lhe sun . His farming : to sett l e . He was twenLy years upper torso was bare above his faded, well o]d then , the war in VieL nam was escala­ worn jeans . Arms and shoulders were thin , ting , and the American public was protest­ loose-skinned memories of the vibranL , ing it bitlerly. He had been drafted at sLrnng man he had once been . His fingers eighleen , senL to Nam to fight for what 1vere long, knarled , knobby, sLiff. he was Lold was a good cause . Then, when Sport, a short-legged, long-bodied, he returned , he was greeLed by taunts, long-haired, well-fed mongrel, knew ~ell jeers; like unwe lcome vermin instead of where Lhe spring was, but if it pleased tired soldiers and fellow counLrvmen re­ the Master , he would preLend not to know Lurning from the war . They were disgraced and let him lead the way . Like the Master , as "child killers" and looLers; dishonored he was also getting slow in his old age . for serving Lheir country and protecting It had been just over sixLeen year s since Lhe greaL American way of life ; the very ► PAGE 26 LA ROCA

freedoms that gave these same people their keeping a wary eye on each other. right to protest. He couldn't cope with The man dusted the female's scomach , this rejection -- he didn't understand it opened the door on the trap, let her out -- and the war had left his mind badly and closed it back. scarred. It meant a lifetime of hellish Silver Bell sat and watched as the man nightmares to live with. He tried, but dusted her mate. When he finished, they failed. So, when he secretly bought his both glanced up at him as if to say, place in the valley, he said, "To hell "Thanks." They trotted away together. with all of them." He became a hermit, The man watched them go as far as his totally apart from the rest of society. blurred old eyes would allow, a feeling His life became one of complete self­ of deep pleasure swelling in his throat . sufficiency: he needed no-one and he could He glanced down at the dog, "Well, Sport , care less what went on out there in a we had best get on back and pick those world he considered insane. greenbeans . They'll taste mighty nice His dimmed eyes focused slowly on the this winter when the snows come ." contents of the trap as he shuffled up to They moved off down the path back to it, "Well, lookie here, Sport, I do be­ the cabin, the man laughing and joking lieve that's Silver Bell we have in the with the dog; the dog all ears to the trap today." He leaned forward on his Master's banter, and enjoying every word. staff. "Well, hello there, 01' Gal. Setting the trap was nothing more than Where's that good-for-nothing ol' man of a signal, as it had been for the last yours? Out chasing some pretty young fox, fourteen years . Each time the old man I bet!" He cackled merrily at his own could pick up enough aluminum cans to joke. afford a can of flea powder, he and Sport The fox in the trap came to her feet, would come out, set the trap, and return stretched, yawned, and looked up expec­ the next day to dust the pair of foxes. tantly at the man. She eyed him closely It was always the female in the trap, the as his shaky old hand reached into his male always hanging back and waiting . At back pocket and withdrew the long blue first the man had baited the trap in the cylinder. hope that he could capture and dust both He fumbled the top open, nodding at foxes, but the big male was shy. Only her, "Ready?" after two years did he come in on his own Silver Bell stood motionless as the to be dusted. The man was delight ed , and white powder fell across her back. She it was the same routine each time after felt the fleas scramble for safety, and that. It soon became a kind of game they then shook hard and sneezed when some of played and enjoyed . the powder went up her nose. She hated The summer passed with a few more the smell but detested the fleas even trips to the trap. In the fall, a nippy more, so she relented to the old man's chill in the air, the leaves a golden yel­ favors. low, shimmering orange, dancing r ed -­ The old man laughed hard at her show crunchy under his well-worn shoes -- t he of both pleasure and disgust, "How about man came to set the trap one last Lime be­ the tummy now?" fore winter. He was greeted by a most un­ As if she understood the words, the welcome surprise. There, laying sti ff and fox laid down and rolled onto her back. cold by the trap, was the old femal e fox. Her mate hesitantly moved from his protec­ It appeared that she had come to sa) her tive cover and edged up beside the man's last farewell, but had not lasted until leg. his return. The man looked down at him sternly, The man sat down and leaned back as if viewing a tardy child. "Well, Fred, against the ancient old pine t:ee thtt I was beginning to think that I was going had marked the site ,,f the trap for all to miss you today." He grinned broadly, those years. His hedrt was heavy, sad, his pink gums showing, his eyes sparkling. and he mourned Silver Bell's passing with Speaking softly, he said, "Hold on a min­ a great sense of loss. He hardly noticed ute and let me finish Silver Bell right when Sport laid down by his right side, 'quick, okay?" nor when the male fox quietlv joined them Fred sat down to wait, he and the dog on his left. LA ROCA PAGE 27

The fox slowly slumped to the ground ney far beyond the pains of mortal life and laid his head on the man's thigh. For and were now happy in a world of their the first time ever he allowed the man to own. All he knew was what he saw, so he stroke his head, and he listened to the hurried away to report what he had found. gruff, soft voice as the man tried to tell Other men came, investigated, found him how sorry he was that Silver Bell had no signs of conflict, and removed the died. He didn't understand the words, but man's remains to a better resting place their tone was gentle, and he felt reas­ -- or so they thought. They buried him sured that the man meant him no harm for in an unmarked grave, not knowing who he he, too, had come to say his last good-by . was. The man watched the life fade from the The hunter's heart would not let him sad gray-black eyes . Knowing there was rest; he had to know who the old man was nothing he could do, he felt a deep sense so that he could mark the grave. He re­ of loss, and regret at having both of his turned to the trap, searched, found, and dear friends pass so quickly from his followed the faint path back to the cabin. life . He laid his trembling hand on the There he found the man's daily journal; motionless shoulders, let his head slip a last will and testament. As he read the back against the rough bark of the tree, name on the will, his heart sank. Tears Llosed his eyes, and wept. The horrible welled into his eyes . memories came flooding back to torture him After setting the headstone into -- memories of men dying in the agony of place, the young man knelt on one knee be­ war, their screams mingled with those of side the grave. "Grandfather, for many innocent women and children, their begging years I searched for you and longed to •~d he wept harder. know you . Mom was only a four-year old Sport lay there waiting; quietly see girl when you suddenly disappeared. But, ing it all . through your journal, I can see her warm memories of you are all true . and now I understand why you went away. I just The winter came and went; spring and wanted you to know -- I'm proud to be your summer bathed the valley in their glories. grandson, and . . I love you. Grandpa." The crickets and gra sshoppers sang their The young man brought his family to merry songs in the grass along the edges the valley to live. The old box trap once of the old fields. The bluebirds came again gives out it's signal, and the flea back to their nesting boxes, reared their powder continues to fall. young, and moved on. A new pair of young )J gray foxes claimed the old fox den, and lt"' reared their first litter of kits in it's warmth and safety. The fall came once more to drench the land in splendid, vivid color, and to prepare it for another long Thefts, burglaries led '88 crime surge winter's sleep . WASHINGTON - Car thefts and burglaries jumped at least percent in as reported personal and household It was a full year later -- on another 9 1988 crime went up 1.8 percent for the second straight year, the chil~ morning -- that a hunter chanced Justice Department said Sunday. to pass by the old trap, and found the re­ The increase in the overall number of offenses during mains of the four bodies . Strangely , -­ the past two years reversed a five-year decline in crimes except for being decomposed -- they had reported by victims to the National Crime Survey, said the remained exactly as they were that day depariment's Bureau of Justice Statistics. they had gathered there. The old man's Preiiminary results for 1988 indicated a 1.2 percent inc1 ease in personal crimes, including rape, robbery, hand still rested on the fox's back; t he assault and theft. fox's head still lay on the man's thigh, Household crimes went up 2.6 percent from 1987, the and . . Old Sport still lay there 2 s if stu

--~- PAGE 28 LA ROCA

- David Jordan - LA ROCA SPECIAL North Unit JUNETEENTH

The essence of the human race is a Confederacy . They feared Lincoln would conglomeration of man's past, present, and restrict Lheir righL to do as they chose future. wilh Negro slavery . The Norlh entered the One can only know of his or her own war only to rcuni te the na Lion, no L Lo origin and identity as that origination abolish s]a\'ery . was passed on in one of three methods; the During Lhc firsl half of Lhc war vari­ written language, the physical geological ous abolitjonisls and Unjon mi]iLary recordings , and/or tradition . leaders urged Lincoln Lo issue a pruclama We, as a people, should be very t hank­ tion freeing Lhe sla\'cs . Their purpose ful for all three of the mediums used to was Lo cul off the supporl of Lhc sla\·cs predestine our future; as a famous quote Lo Lhe Confederale war effort liy doing has related to us, "H ow can we know where mosl of Lhe South ' s farming and factor y we are going , if we don't know where we \vork , Lhus making Lhc \✓ hi Les a\aj lablc f u r came from." Lhc Confederate Army. Throughout history people have en­ Lincoln agreed wilh Lhc aliol i Lioni.sl 's lightened the times, functions and people v i e I ✓ o f s J a very . I! e o n c e cl e c I a r e d Lh a t , most relevant to their cause, continua­ "I f slavery is nol 1,rong, nothing is tion, and unique culture qualities . As 1 ✓ rong . Bul Lincoln also hel ic\·ed that in all races of people, each race has an jf he freed the slaves he 1vould di\·idc the "element" that stands true for their exjs­ NorLh . He feared Lhat four sL.1\·c-owni.ng tence , an element on which most, if not border slates; Delah1arc, Kentucky, all, of their conceptualizations are based Maryland , and Missouri , would wjthdraw for future encounters with reality. Such from Lhc North if he adopLcd such a elements have a special meaning to only policy . the "perception" of that particular race The war was going badly fur Lhc North . of people. One such element, known as Congress freed all Confederate sla\es who "Juneteenth," is used by a race of people came into Union lines . AL Lhc same Lime , to commemorate the opportunity for a Lincoln decided Lo change his sland on brighter future . slavery . Lincoln djd nol want Lu appear That race of people are of African tu be making an aclion oul of dcsperalion , origin but are known as the Afro-American, so he waited for a Union miliLary \'ictory a race of people who have somet hing that and Lhcn issued a preliminary proclamalion they can be ve r y proud of . thal slalcd; if the rebelling slales djd Juneteenth is a result of political not rclurn to Lhc Union by January l, 1863 and circumstantial influences. President he l ✓ Ou] d dee] arc Lheir sla\·es Lo he " for­ Abraham Lincoln issued the Proclamation ever free ." The South rejected Lincoln's on January 1, 1863, during the Civil War. policy and he issued the Emancipation It declared freedom for slaves in all Proclamation on New Year ' s Day , 1863 . areas of the Confederacy that were still Lincoln called il a "fiL and necessary war in rebellion against the Union . This was measure . an effort to undermine the South by The Emancipalion ProclamaLion did not appealing to the slaves for their freedom actually free a single slave because it and a better way of life. The Proclama­ affected only areas under Confederate con­ tion also provided for the use of trol . But it did lead to the 13th Amend­ " Negroes " in the Union Army and Navy. As ment to the Constitution, which became law a result, it greatly influenced the on December 18, 1865, ending slavery in North's victory in the war. all parts of the United Stalcs. The events leading to the Proclamation The story has it that three slaves were ignited mainly in the eleven states were sent out on a mule , Emancipation who withdrew from the Union in 1860 and Proclamation in hand , to make other re­ 1861. These eleven states became the gions aware of the milestone declaration. LA ROCA PAGE 29

The first place they reached was Tenaha, Texas. History records t ha t the first Juneteenth was held, impromptu , o n June 19, 1865. On that date, more than 2 ~ years after Abraham Lincoln's Emancipation Proclamation, Union Major Gener al Gordon Granger rode his horse into Tenaha, near t he Louisiana b order, and announced that all sl1 _s in that r ebellious state were immediately free. The Emancipation Proclamation had not had much impact on the Confederacy, but as Granger's word spread across eastern Texas, slaves dropped what they were doing •• # and celebrated. Some of them held reli­ gious services . Others took a more spir­ ited approach with fireworks and song . - Each year afterward, the JJbilee , as it became known, was celebrated as a kind of black Fourth of July. 1·i. U. CookE': Jeffers, July, & Yarborough As it stands today, Juneteenth r epre­ sents "worth" -- the respect for being a human being, with needs the same as any other person -- for love, sense of control over self, and an optimistic view of th0 future . , Juneteenth is celebrated on different dates in different regions of the United States, but no matte r which date it falls on , or in what part of the nation, i t still holds true; as the beginning of a 1 t~ better tomorrow for a race of people . The Black Man . ~ it North Uni t M.C. Gilbert Johnson " , . ....~­ '

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Juneteenth/ North Unit: Young and Old Juneteenth's David Jordan PAGE 30 LA ROCA

ARIZONA PRESS WOMEN'S SECOND ANNUAL PRISON WRITING COMPETITION Open to All Inmates in the Arizona Prison System

Prizes To Enter Deadline

First Place in each category: A book on Choose a category (1 , 2, 3, or 4) to enter. The deadline for mailing entries is Septem­ wrrt ing and a book of first -class stamps. Then choose one of the three topics (A , ber 1, 1989. Second Place in each category. A book of B. or C) to write about. For example, a first-class stamps. short story about a relat1onsh1p would be Al ong w11h entries, include a separate sheet All entrants will receive certificates of recog­ 2B. Mark your entry with the category num­ w11h your name. DOC # , full address, nition ber and topic letter (for example. 2B) You category number and topic letter, and title may enter as many categories as you like of entry Send by September 1, 1989, to Topics and may write a separate entry for each topic. But send only one entry on a topic Arizona Press Women A. Prison Issues and Policies (choose one in a single category. For example you Writing Compet1t1on issues per entry) may enter 2A, 2B , and 2C with three PO Box 43924 Tucson. AZ. 85 733 separate short stories. but don't submit B. Family and/or Relationships more than one story in 2A or 2B or 2C Winners will be not1f1ed and a list of w111nIng C. Open (any topic you'd like to write abo, entries will be provided to prison libraries by Work must be written solely by the resident approximately November 1, 1989 Categories who submits it The author retains all publ1- catIon rights, so keep a copy for yourself About Arizona Press Women 1. Poetry: Up to 50 lines Arizona Press Women and other persons as­ 2. Short Story: A fictional story, up to 2,500 sociated with the competItIon d o not act as Arizona Press Women. an att11iate of the Na agents or publishers or In any way otter to ti onal Federation of Press Women, Is an or words ganIzatIon of women an~ , professionals help get entries published In the field s of Iourn? ., .0mmunIcatIons 3. Short Non-Fiction Work: An essay or publ1sh1ng , public relations. and 1ournalism education APW is sponsorinJ this writing editorial expressing your opinion or a faclual Entries should be typewrit1en if at all pos­ competI11on for Arizona prison inmates to en­ report, up to 2,500 words sible on one side of 8 1/2 x 11 -111ch paper. courage creativity, self-expression. achieve­ ment, and improvement of writing skills 4. Book Chapter, Play, or Script: From a fiction or non-fiction work in progress or other Entries must be previously unpublished or Start writing ! unpublished book or play, up to 5,000 words published only in publications of the And good luck to each of you! !! juvenile institutions .....

Lop-Sided/The Days and Ways of Abner Lop

'Jo«. L. ,;_ : From the La Roca archives L' P~~1' cjhe Y1Q.(e Hey guys, It just {~ IYe doesn't get a.n~ \ '' 1 l bettet than this ' )

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- La Roca Staff - ~ Another microwave for the new guy on the e(~ block· HOME ARREST PROGRAM During early June, the La Roca offices (b) not convicted of a sexual were visited by representatives of ADC's offense, and Home ArLest Program. Mr. Leo Henke and (c) not previously convicted of a Ms. Lonnie Mueller, Parole Officers as­ felony. signed to the H.A.P. in Tucson, brought things up-to-date on the new policy and 2) He or she has violated parole by procedure. This is how it looks. the commission of a technical viola­ tion that was not chargeable or in­ What is it? Authorized by A.R.S. 31-236, dictable as a criminal offense . H.A.P. is a conditional, discretionary re­ lease granted to eligible inmates by the 3) He or she has been certified as Parole Board. Men and women released on eligible for parole pursuant to Sec­ Home Arrest remain on inmate status and tion 31-233, Subsection I, and has continue to earn good time in his/her in­ served one year of his/her sentence. mate classification. Supervision is main­ tained by the Arizona Department of The Board of Pardons and Parole deter­ Corrections . mines which prisoners are released to the Community based imprisonment is based Home Arrest Program based on the above on the premise that there are a number of criteria . The Board also maintains the inmates who can safely be released -­ responsibility of revocation as applicable earlier than normally expected -- to a to all Home Arrestees. highly structured residential environment . Accordingly, the H.A.P. is designed to re­ How does it work? Inmates in the H.A.P . strict an inmate to his residence except are under active electronic monitoring for authorized mo vement s such as employ­ surveillance and the supervision of the ment and treatment programming. This pro­ Home Arrest Officer until eligible for gram is expected to benefit both the com­ regular (general) parole. The inmate must munity and the offender in several ways: maintain electrical-compatible telephone reducing the costs associated with housing service at his place of residence for the an inmate in prison; developing responsi­ operation of the monitoring equipment. bility in the offender via employment and The inmate wears a black, tamper-prorf the management of his financial obliga­ instrument, smaller than a cigarette pack, tions (including cost of supervision, res­ attached to his ankle. This instrument titution, taxes, and support of his fam­ emits a signal to an in-home receiver ily), and the enhancement of the inmat e ­ which is connec ted by telephone to an family unit by his/her return to a suppor­ around-the-clock monitor in the parole tive environment within the realities of office . mainstream life. Participants are required to maintain gainful employment, submit to alcohol and / Who is eligible? An inmate is eligible or drug tests as required, and to remain for the Home Arrest Program if he or she at his / her place of residence at all meets any one of the following three con­ times , excepting mo vement away from the ditions : home as authorized by the Home Arrest 1) He or she Officer . Payment of a monitoring fee, and (a) has been convicted of comrn iting a cost - of-supervision fee, is also re­ a Class 4, 5, or 6 felony not in­ quired, although these fees may be les­ volving the intentional or knowing sened by the Parole Board based on the in­ infliction of serious physical in­ mate ' s financial abilities . The Home jury or the use or exhibition of Arrestee must also comply with all condi­ a deadly weapon or dangerous in­ tions of supervision as well as special strument, but . conditions that may be imposed by the PAGE 32 LA ROCA

court, the Parole Board, or supervising during the conditions briefing. Briefly, officer . Supervision is intensive. Con­ the program is strict -- and in most tacts will be made at places of residence cases , non-negotiable. Consider it "zero and employment, and other locations within tolerance." On the other hand, a person the program sphere. has to function; shopping, a doctor visit, The home arrest inmate must not at­ whatever. It is all worked out. A sense tempt to remove, damage, or disconnect the of responsibility is the key factor . electronic surveillance equipment from his La Roca: Can we assume an inmate is ankle or residence. This sort of action allowed sufficient time to gel a suitable could result in additional felony charges. job during the early stages? Mueller: Yes. As long as the Home How does an inmate apply? A list of all Arrestee has the required funds for resi­ inmates eligible for the program is con­ dence , food , and other necessities, he / she tinually maintained by ADC, and these in­ will have an interim period in which Lo mates are automatically scheduled to see establish employment. the Parole Board for consideration for the La Roca: It is obvious to many inmates Home Arrest Program. Inmates so consid­ that eligibility criteria is discrimina­ ered should be prepared to explain why the ting needlessly. When one considers the program is right for them and their fam­ way "Plea Bargains" are employed in ily, and to present a realistic plan for Arizona -- when it comes out in Lhe wash, residence and employment. different Class 2, 3, and 4 convictions could all represent the same c rime, i.e., How long will an inmate be in the program? Fraudulent Schemes, Theft, Forgery. It The Board of Pardons and Paroles shall de­ appears that this is patently unfair. termine when the home arrestee is eligible Henke: We understand this, but it is not for transfer to general parole status. our choice . It is the law . The inmate will also remain eligible for La Roca: Can we assume that time-frames administrative releases under the provi­ for errands, etc ., are reasonable? sional and mandatory codes. Since he/she Henke: Yes . We allow for travel time and is still on inmate status, the inmate will other contingencies. continue to earn applicable time release La Roca: What is the allowable range of credits. movement from t he residence receiver? Mueller : Approximately 125-feet . How about violations? The statute govern­ La Roca, Any exceptions? ing the program requires that if an inmate Mueller: Yes, but only in due Lime. An violates the conditions of the program in inmate has a garden, or is repairing his a way which poses any threat or danger to garage, things like that . But it is the community, or commits an additional worked out in advance. There should be felony offense, the Parole Board shall re­ no guesswork, and an inmate should not voke the Home Arrest and return the inmate take chances . to the general custody of the Department La Roca: Are sponsor-families and other of Corrections. He/she will go back to involved parties informed of all this? prison. Henke: Oh, yes. They are briefed on all criteria , including the expectation of visits from us. La Roca: What if an inmate has no family? The interview with Henke and Mueller Is he /she automatically removed from con­ presented an opportunity for La Roca to sideration? resolve various misunderstandings, myths, Mueller: No, not at all. However, such rumors and rumbles on the program. Here's an inmate must have sufficient, verifiable the dialogue in random sequence: funds to establish a suitable residence La Roca: This all sounds rather tight. and be self-sufficient until employment How about weekends, shopping, things like generates income. that? La Roca: We have heard of alleged inci­ Henke: Certain things, which are indeed dents -- amidst other programs like Inten­ normal activities, are determined and sive Probation -- that suggest police worked out during initial interviews and harrassment, random searches by other LA ROCA PAGE 33

agencies, things like that. Where do you an open, candid line of communications stand on that? with the Home Arrest Officer "can do much Henke: Common areas, like living rooms to avoid a lot of problems." and such, are always subject to search by La Roca found Home Arrest Officers our office. On the other hand, we main­ Henke and Mueller to be pragmatic, but tain communications with other law positive. They were energetic and artic­ enforceme nt officials, and I would not ulate in their coverage of this new pro­ allow random searches by other agencies gram. with0•1 ~ry good reason. We have had no Because of the continuing flood of in­ prob 1 :rns i n t his area. mates into the s y stem; because of legisla­ La Re What is y our case-lo ad, and the tive floundering, and because of a cri ter­ s tatewide c a pacity for this program? ia that e x cludes present inmates from the Mu e ller: By law, we are limited to 15 program due to plea technicalities, La c ases p e r o fficer. With ten officers in Ro ca has adopted a view to this program Phoeni x and Tucson, our t o tal capacity , that is both wary and hopeful. In any then, is 150 inma t es. c a se ), I Mr. Henke and Ms. Mueller went on to I t's wo rth a look. i i explain that qualified candidates from distant cities and towns should not be overly discouraged. Due to e arly limita­ tions of the program, inmat e s ente ring LEGAL NOTICE Those of you who have received your Home Arrest must r e side and work within copies of "Conflict Re solution" may wish t he metro p o litan Phoenix or Tucson to know that there may be an important areas. Acc ordingly , families located change comine up i n par' ,f it. The great news is that it may not be elsewhere would be required t o move to necessary to serve the Notice of Claim Pho enix o r Tucson. under A.R.S. 12-821 by process server. They furthe r remarked that all Home Division Two of the Court of Appeals has held that service ma y be by some other Arrest offic ers we r e doing every thing pos­ form of delivery which produces a receipt, sible to make the program an economical, such as by Federal Express. See Creasy s o cial, and trans itional succes s. Indeed, v. Coxon, l'i6 Ariz. 1.45 (App . 1987), wi t hout a measureable level o f succes s , review denied, March 15, 1988. Inasmuch as Certified Mail is similar, it may sat­ funding for the program might no t be re­ isfy the 1?-821 requirement under the newed. Creasy reasoning . It was noted that during the April This case was decided in Division Two of the Court of Appeals. Actions Parole Board c onsiderations, a ll appli­ against the state and its agencies cants for t ransfer from Home Arrest to generally are hearct in Division One. Parole (2 33-I) were approved. Division Two decisions are not binding precedent in Division One; they Henke/Mueller encouraged inmates who are persuasive authority, however. They feel they may be eligible for this program become binding only if Division One of the to double-check with their c ounselors. Court of Appeals also adopts the same position, or if the Arizona Supreme Court As in o ther programs, eligible candidates adopts it. Tn th i s instance, the state occasionally fall through the cracks. supreme court declined to review , leaving Although the restrictions in the pro­ the Division Two ~ecision un1isturbed; this does not necessarily mean that the gram appear almost stifling a t first look, J ustices agreed with the reasoning. They the H.A.P. also contains elements that are simply refused to consider the case at reasonable, if not liberal. Social inter­ this time. Admittedly , the matter is a b i t action at the residence (no big parties) confuserl at this poi nt . An inmate has wr itten me and advised is allowed. If an inmate is not alcohol­ that one Super i or Court judge i n Maricopa restricted, he / she can mix a drink or cool County has adopted the Div i sion Two deci­ off with a beer. Telephone use (except sion in his case . I am seeking confi r­ mation of this. T also have contacted the during those moments when the red light chief presidinc judge of Maricopa County , is on) is unrestricted. asking whether such arloption will be done The authorization and inmate-program by al l his judges as a matter of policy . In the meantime, I prefer to recomm end the agreement is generally clear-cut. Expec­ safer course : use a process server to be tations are not open to interpretation. certa i n of 12-821 compl iance unt il the law When in doubt -- don't. At the same time, finally is decided . PAGE 34 LA ROCA

Faith Dea r God ,

Thank you for the beauty that the birds possess , and for the stalely graudeur of a t r ee . For the endless waves that softly caress the beaches surrounding the sea.

Thank you for the fireflies winking on a summer night , and for the clouds that play Lag in the wind. For the stars that shine their light What I s The Best Prayer ? upon the snow that crowns the mountatns .

Prayer is like anything else which is Thank you for the rising sun ' s first golden a µart of someone ' s life ; iL may be do 11e flash , poor l y , well , or somewhe r e in between . LhaL reveals the beauty of an old windmill . Prayer is a fancy word some people use to The diamonds that sparkle in the dew-wet denote a conversation between a subordinate grass , and a superior. Our relationship with that and a farmer plowing in his field. superior will usually determine how we approach that conversation . Love , fear , Thank you fo1 the gardens filled with admiration, suspicion , reverence are all flowers, human emotions which affect our communica­ which arc so pleasing to my eye . tions . Our communication with God is no Watered by the refreshing showers , different . that fall al your will from Lhe sky. In order to answer t he question, "what is the best prayer? " , you must first ask Thank you for the beautiful sound, yourself how you feel about God -- what of a newborn babes ' first cry . is your e motional relationship with Him? And for the JOY that docs abound , !,et's assume Lhat you a r e on a somew hat as the young mother sings a lullahyc . stronger r elational level than a neutral one. What then? All of these things belong Lo you , Then speak with Him as you would to yet Lheir beauty you allow me to sec. any other person with whom you have the And 1 Thank You Lord , oh , ves , I do, same relational level. Use your ordinary for sharing your W<>ndcrful gifts witl1 me. conversational speech and language . Be­ lie,·e me, He understands anything you might - Michael Scabou rne say to Him . Central Unit The optimum prayer, of course , is the prayer the Lo r d Jesus Christ taught us : The Lord ' s Prayer. But how many can say tt1at one like it was a real conversatio n carried on between friends? Only as ma ny as know Jesus as their personal Lord and Savior . Even those who are saved have great difficulties in over coming our years "The Fa ce o f a Thie f" of accumulated barriers of "shoulds" and "oughts" be fore we can really " let our hair Today I went into a prison down " with God the Father . Only our g r owth Where I looked on anguish and strife . But the message l learned from a convict 1n the Christian faith wiJ l tear dow n those I '11 remember the rest of my life . bar r ier s and allow us Lo say the Lo r d ' s Prayer , which is the best prayer, as if The prisoner said , he was contented it we r e real l y a composition of ou r own In paying society ' s due . hea r ts . "rt 's easy to render to Caesar." he said "When you have the Master with you ." - Father Frank /lawkins -

Oh , 1 ' ve seen his ange1 fly out of hand Fo r he was just human , you see . Then ask both offended and Go d Lo fo r give Unashamed when bending his knee .

Ma ny long yea r s it has been since Had the faith that convict has shown . And tho ' I was with him for only awhile His message has pointed me home .

Yes , today I went into a prison And saw there Lo my disbelief . The face of our Savior Lord Jesus Worn on the face of a thief .

- George Frable - South Unit LA ROCA PAGE 35

I Qt 11 LEGAL BOOKLET

Conflict Resolution, written and developed by Legal Issues Editor Dave Mann, is now being distributed. All previous if [ Yard Alert ] kites are being honored. This is a very ,,f useful and well-documented guide on state court litigation. Order yours now.

TURNING AROUND

La Roca's guide to support/transition MIDDLE GROUND NEWSLETTER s ervices and agencies for inmates and ex­ o ffenders, titled, TURNING AROUND, will La Roca has made copies of Middle soon be off the press. Inmates may request Grounds Spring newsletter available to in­ t heir copy by kiting LA ROCA PRESS, North mates throughout the system. This news­ Unit. letter is a comprehensiv e update, full of news, parole tips, current legislative activity, hearings, etc. Items covered THE WRITES OF SPRING include challenges to ADC via Open Meeting Laws, Parole, litigation in progress, and Due to increased yard movement, the much more. Middle Ground pioneer Donna deadline for LA ROCA'S Writing Awards has Leone Hamm has done a splendid job, inde nd, been extended to July 15. Check your with the group's current efforts. Inmal _ J an/Feb issue for guidelines, and get after are encouraged to kite / write La Roca Press, it , brother. North Unit, for this newsletter.

PRISONER/FAMILY/CONNECTION

P /F/C is currently planning a "Self­ Esteem/ Co-Dependency Workshop" for late FROM AN OLD FRIEND & NEIGHBOR summer or early fall. Inmates should ad­ (Excerpted from a recent letter) v ise family or friends who are interested to check with P/ F / C at (Phoenix) 495-5193, Since I'm a f o rmer resident of your fine Ext. 55. Leave a message if no one is in hotel, I am interested deeply in what's the office . happening at Florence since I have many good friends who still reside there. You have my permission to print my address for any of those friends who may like to cor­ LIVING FREE means living right -- and sur­ respond. I am now a fully ordained minis­ viving. Check into this good program. ter, and a certified prison chaplain. Not too shabby for a man who walked into ASP in 1977 with nothing but a set of car keys, an empty wallet, and a contraband pair of cowboy boots. To those who might remember P/F/C VIDEO me, I want to say that Jesus Christ is real. I have been married since 1982 and Family-members and /or friends who were our son recently celebrated his fifth unable to attend the Prisoner / Family/Con­ birthday. Please keep up the good work, nection Parole Workshop will be able to and thanks for a clear, informative issue. review the v ideotapes which will be pre­ sented monthly at the Resource Center in - Brother John Wagner Phoenix. Call P/F/ C for information and Tell It Like It Is Ministries dates. P / F / C advises that videos should Box 235 be available to inmates in Florence at Columbiana, Ohio 44408 this time. PAGE 36 LA ROCA

- Paul Parris - [ Insider's Outlook ) North Unit

THE JUMPING OFF PLACE

Someone once accused me of playing God, Now here I am sitting in the joint. and I told them everyone plays Go d! I told Doing one day at a time and letting the them that some of us are better equipped outside world go by without me. From time for the role than others. They stopped and to time I find myself thinking about all looked at me for a minute, then said it ' s those people racing down the hig hway to Lhe wrong to destroy the lives of others and I comfort of Lheir homes. I ask myself : said it's not wrong, it's justice. Because have any of them spent a single day in jail? I've met so many people drowning within Do any of them realize how precarious a their own sorrow and self-destruction it wo rld they live in? Do they know anything became an honor and privilege for them to about the prison system? How the sociolo­ meet someone like me. gist and the psychologisls talk about re­ I enjoyed the hours I spent devising habilitating prisoners, but always taking traps for my victims and adversaries. I a convenient back seat to " securily ." would study them carefully, analyzing their Perhaps one in fifty inmates changes a personalities , assessing their strengths little. When that happens, it is not be­ and weaknesses. I enjoyed the anticipation, cause of the prison system . Remember, the planning, and execution. It was like prison is a school. We get " educaled" by a chess game and I loved it when I complete­ common influences, and we unify under com­ ly captivated them. (Why? Who knows?) mon beliefs. The cons are bolh teachers I had always been possessed by a drive and students. Some, like myself, are so­ for money and power that seemed to be be­ cial dragon-slayers. Such a label s uggests yond my control. Money and power were mo­ the optimum level of survival. Correct. tivating forces of my very existence. With­ But I am also one (in fifty) of the out those juices flowing in my veins , I lucky ones. I have changed. Oh, yes -- felt I would shrivel up and die. Sometimes the antennae are s till fine-Luned, quiver­ when the juices stopped flowing , just for ing. I can still spot the weak, the strong . a moment, and I collapsed in fatigue, a I can see the openings . I can maneuver. crazy litany would spin through my head: Now, however, I don't. Somehow, I got Hustle, Hustle, Hustle. Run, Run, Run. off the merry-go-round and took a long look Chasing my tail like a mad dog. For me, to at it. All I saw was a blur of troubJe . hustle meant to use all of the means at my I understand more now - - about other people, disposal. Flexibility plus leverage de­ their fear s , hopes, dreams. I listen more. livers power! I find more of my heart in respect than I \. I would sometimes fly in twe nty differ­ do in the rip-off. j ent directions at once, and at times there I am stronger. Better . I like myself. /~ was not enough of me left long enough in S TIR)A TIE G Y T C HIEISJS fi" (!A::EI!) any direction to accomplish everything. l ~ H IO T ~ p ff I LI I D O R 2 s [o p p 10 • 1£1. T ., But I had to make a buck: to hustle, run, L A E I U R II A 11 which meant fighting the odds. When I got LAS l E RI IF I I AN CHE TITO P(I EC ES knocked down, I would always pick myself OIP: N I NIGi ],.! .! i ~tf:[ilil 'i ~ ~ D E -7 7N.,!_. up, dust myself off and go on as if nothing LEJN PAS SIAIN T J ] (!J:~~ ~ ~ .1. H N ~ G .!. had happened. Dwelling on things would i.! ~IBILOCIIING E BIISBOPIL.!. NL D LT.,!~ have only hindered me. After all, we live TEMIPIO SACRJFIICEI ..£. Ill S ~ in a very complex world and no one has all £ NIDIG A Ml[I ID ANIS ff GIA M 811 TI 1L ~ the answers. It's interesting how the _ ~ 0 fo T .,!. .!_ 0 E V E L O P M IE N TI C A S T L E things that other people did seemed so hor­ - il .£ .! E • ~ 1§_,_~t:, ,! ._!:. VII EN NIAIG Al ■ l l!IC ~ rible, yet when I did them they seemed so ~J~~ ~ ~ ,..._._.~ C A~ .A,.!! ,_! ._!! lPIAIIN ICIBEICll P ~ right, almost proper. 111::. fr p S ■ G I T ~ lo::. 111 R P IR l S E I O V E - @I!~[!] ~ Ii. ,Q V T a ll. J! ITIRIE o • v 10101u aIL E cIa I cla: Solution to Puzzle (Page 51) LA ROCA PAGE 37

- La Roca Staff - [Forum] BUGS. Party Lines, Prisoners, & Privacy "Yes, I will accept the call." ADC Director Lewis' concern was reflected "Hi, morn . " in the minutes of an ADC executive staff "Hello, dear . How are you? " meeting convened during December, 1987, "Fine. Are you and dad coming to which read in part: visit on the weekend?" The Director has problems with inmate "Sure -- and we' 11 bring your package, telephones and believes the inmates like you asked." have entirely too much access to the "What package, mother?" phones and can place calls to anyone "Well, you know, silly -- your socks they want . In essence, he believes and TV." the system is being abused by inmates. "Yeah, okay. But you have to say so . Warden outlined . you know, be specific . You 've got the problems which might occur with to. changes in the present system. The "What? Why are you acting so Warden would prefer that the procedure strange?" would remain the same, but that staff "Well, mom, somebody is listening?" have the capability to monitor inmate "Listening! What do you mean, Billy?" telephone conversations. "Our telephone calls are being moni - tored. " The initial flurry of indignation and "Oh , my . . your father is not going controversy which followed the "leaked" to like this. I don't know what to say. concept and proposal was based in large It upsets me. Just remember we love you measure on the issues of privacy; the and . sanctity of the family, and, of course, "Uh huh. Me, too, mom -- but all this a singular challenge to the statements of makes me feel funny. Some guy is in there, the minutes: with all calls restricted somewhere . Damn it, he's not in our fam­ to COLLECT calls, an inmate certainly can­ ily. Why can't they leave us alone?" not "call anyone he wants." The Mecham "You' re right, son . And we are paying debacle shoved this controversy off for the call. Look, we can talk about it center-stage, but it was resurrected in over the weekend when we see you. " earnest during February of this year . "Okay. But we can't count on anything In seeking reliable information on the any more . They keep pushing us down. I've subject, La Roca spoke with many individ­ never caused any trouble." uals among staff, inmates, and "outside" "I know, dear. Here -- your father folks who had either experience or inter­ wants to talk to you -- and whomever else est in the issue. Most preferred to re­ is listening." main nameless. Here is a sample of the dialogues: It's happening. A third party is Staff: "We do not know what is going to among us, and whether three's a crowd or happen . not specifically . Considering not, we have uninvited company with our manpower and money, I think we are out of mothers and fathers, wives, children, choices: we are going to have to be se­ friends , and supporters. lective . We will eventually forget the As part of a broad-base campaign to individuals who we judge to be okay, and stem illegal activity in Arizona's prisons target those who we have reason to believe (dope, scams, extortion, and other assort­ are security problems. " ed no-no's), telephone calls from inmates Inmate: " Jesus! Did you read the blurb are being -- or soon will be -- monitored. in the Republic? The guy at the federal Eavesdropping is already in place at sev­ prison said they liked t he system because e ral units. they could 'gather intelligence' on people The decision to listen in on our pri­ inside and outside of prison . Well, that ' s vate conversations was not made overnight . just terrific. Are they interested in PAGE 38 LA ROCA

problems I'm having with my wife? My last The federal folks do not want their pris­ re ~titution payment, maybe? Bunch of oners making money, or even trying to sal­ creeps . . why don't they do something vage money, while they are incarcerated. useful and let me try and keep my family So -- what do they listen for? In many t ogether?" instances , a likely answer might be Staff: "They're doing a test run on some everything. Like the man said, "we gather of the systems now. There is no monitoring intelligence," etc. on a few y~rds, although the equipment has Western Pay Phone Corp., the contrac­ been installed. Here at North Unit, the tor for the statewide snoop-system, is one plan is to install a bank of eight or ten of those outfits characterized (by an phones across from the Operations Office. A.T. & T. official) as a "parasite indus­ An inmate will sign up for a call at Oper­ try." It is this sort of electronic ser­ ations, and an officer can visually check vice interceptor who created a well­ from there to ensure that the same inmate publicized flurry some months ago when is using the telephone assigned. I think hotel guests in major cities publicly com­ calls will be limit e d to fifteen minutes." plained of outrageous charges for tele­ Inmate: "Forgetting everything else in phone calls from their rooms. It was then this misdirected nonsense, I'll tell you revealed that the hotel switchboards had one thing right now: the system with legal nothing to do with the rip-off -- that the calls -- the way we hear it -- will not calls were intercepted, transmitted, and work. To be able to place timely calls charged by a private, unknown, unregulated to your attorney through your counselor, firm(s) that either kicked back portions or with a lot of advance notice, is either of charge revenues to the hotels, or a myth, or a lie, or both. I spent two leased the service concession at a prede­ days last week just trying to find my termined rate. In any case, the hotels counselor. Look . . I'm not blaming did not have to bother with heavy switch­ them; they have a lot to do, but that's board staffing, and everyone, almost, made not the point. If I have to call my money. The only losers were the custom­ attorney on something important, I am ers, the guests, who in some instances, going to call him, and they had better were victimized no less than by a pick­ understand that I'm not the only guy who pocket. In open testimony in San Francis­ feels this way." co, one hotel guest showed how a $22.00 Staff: "They have not worked out the phone charge had been added to his hotel "bugs" on the matter of calls to attorneys bill -- representing a call to a location and courts. I don't know how this is six blocks away. going to work. The way I see it now, we Inmates pondering the telephone issue might have to treat this carefully." find it difficult to reconcile logic with Most other remarks followed like sen­ "the law" as interpreted by ADC . Imple­ timents. mentation of the monitoring policy will In later dialogues, La Roca was definitely influence inmate and "citizen" "assured" by a highly-positioned security reaction. Finally, during the latter official that the Department "had no in­ stages of La Roca's attempts to chase terest in an inmate's personal business facts on this subject , we were unable to or family affairs -- as long as they are get answers to operational questions that legal." remain unresolved. We can only hope this is true. On the With due consideration to Legal Editor other hand, one must remember that consti­ Dave Mann's clear-eyed comments in this tutional and public utility-communications edition (The Advocate) and a host of chal­ statute tests on the subject have been lenges now being launched by interested rampant with the state 's claim that fed­ parties, the following elements are worth eral facilities have been monitoring calls consideration: for some time. The "feds", however, have **There is no question but that the pri­ maintained an obsession of their own: they vate citizen who accepts an inmate's do not allow inmates to conduct legitimate monitored-collect call is subject to business over the telephone. A federal negative impact within the implicit inmate can be -- and will be -- disci­ rights to privacy, and in their poc­ plined for talking with his stockbroker. ketbook, should the service eventually LA ROCA PAGE 39

cost more. is why, although distributed policies are **That inmates "know" that personal the same, the efficiency, reason, and telephone calls are being monitored fairness of their implementation differs is not, by many experts, considered from yard to yard. a waiver of rights, or even an im­ If inmates are "stuck" with this bur­ plied consent . . simply because the den -- at least for now -- then so are caller (inmate) has no other immediate "they" -- and it is hoped that sufficient option, i.e., using another telephone. numbers of administration and security are **At this writing, the procedure for men of goodwill, and that reason will min­ making legal telephone calls (as much imize the frustration that accompanies a as we have seen of it) appears both seemingly never-ending sequence of nega­ inconsistent and poorly analyzed. tive changes. As more reliable informa­ There are many reasons underlying the tion is received, La Roca will print it. need for timely contact with legal Fast-breaking items will be reported in counsel. The imposition of time and/ the weekly TV bulletin. or advance-notice restrictions sug­ For now, the telephone dilemma, l~ke \ . gests that ADC is presuming to tell so many committee meetings . . . continues i

inmates how to conduct their legal to continue. 1(i. affairs. Attorney: "Okay, Jim. I'll know about the hearing in Tucson this afternoon. Call me back about three o'clock." Inmate: "I can't." Alternate-operators Attorney: "Whaddaya mean, you can't?" ban sought

The Associated Press At the closing of this La Roca edi­ Companies that charge exceedingly by AT&T or US West, Brooks said. high premiums for access to In addition, he said, customers fre­ tion, the "old" telephones in North Unit long-distance lines should be barred quently do not know that they have were being dismantled. Trucks loaded with from operating in Arizona, the Resi­ dealt with the company until the dential Utility Consumer Office said charge appears on their local phone new equipment were entering the yard. At in filings with the Ariwna Corpora­ ~pany's bill several months later. East Unit, new telephones were in place tion Commission. The consumer office filed papers The commission has received nu­ with the Corporation Commission on -- but there was no visible procedure merous complaints from angry con­ Monday asking that several applica­ posted. There has been no "3O-Day Notice" sumers about the companies, known tions from alternative operator-service as "alternative operator services," said firms be combined into one proceed­ available to inmates. Monitoring has not Douglas Brooks, director of the ing and that a hearing be scheduled. consumer office. The companies are American Oper­ begun at that unit. Word from other units Those companies "have been rip­ ator Services, Rockville, Md.; Auto­ is scattered, ever-changing. Outside, ping off Ariwna telephone customers mated Communications Inc., Denver; for too long," Brooks said. "It's time American Telecommunications Corp., public hearings are forthcoming. Prisoner­ for the (commission) to act." Dallas; Century Network Inc., Fort family support groups are in the fray. Brooks said the companies lease Lauderdale, Fla.; and Triple Crown long-distance lines and provide their Industries, information on whose Middle Ground and Prisoner/Family/ Connec­ own operators to handle operator-as­ headquarters was unavailable. The tion are distributing information to mem­ sisted calls. The firms generally consumer office plans to file papers market their services to other busi­ later to include another firm, Cedar bers, and encouraging an "outside" nesses that make telephones available Rapids, Iowa-based Teleconnect, in for use to the public, such as hotels, the proceedings, Brooks said. approach to challenges, i.e., the collec­ airports, hospitals and pay-phone The consume:· office intends to tive voices of family members. operators, he said. recommend an outright ban on the When telephone users place companies in .~rizona, Brooks said. La Roca has been advised that more long-distance calls through the com­ Such firms already have been barred definite word is on its way. We have been pany's operators, they are charged a from some other states because they premium rate that sometimes is three are "so misleading and deceptive" in further advised by the ASPC-Florence Oper­ times as high as normal rates charged the way they operate, he said. ations office that "call rates will remain the same. There will be no new charges." At the same time, word has come of a gen­ eral, system-wide boycott of the install­ . . . TUCSON - Pima County ations. It is a tough one to call.(Cough) ARIZONA AIDS Advisory Council wants city Hope? A little. When new directives PHOENIX - 47% of juveniles to delete reference to condoms in '83 law prohibiting lewd, indecent and policies are issued from Central arrested on criminal charges in Maricopa County from January to acts. Law lets police use condom Office, they generally manifest certain March tested positive for drug use, possession as evidence to charge someone with prostitution. (unwritten) degrees of latitude; elements new drug-testing program shows. of yard autonomy which are exercised around many variables and judgments. This PAGE 40 LA ROCA

MIDDLE GROUND Prison Reform and Prisoner / Family Advocacy 139 East Encanto Drive 1111 Tempe, Arizona 85281 ■ Telephone (602) 966-8116

May 11, 1989

Honorable Rose Mofford Office of the Governor State Capitol 1700 West Washington Phoenix, Arizona 85007

Dear Governor ~offord:

As you of course are aware , the Department of Corrections has begun the implementation of a telephone taping and monitoring system which has been announced to be in place in all prisons on or about May 15, 1989. Ta~ina and monitorina calls is already taking place at the Perryville prisons .

I have alreadv written letters to Governor l1echam (who was in office at the time this issue first came to our attention) and to Sam Lewis expressing our concerns on this policy . Very simply, the additional cost to Frisoner 's families who will pay for the system and the potential for abuse by DOC employees who will implement this policy is frightenina . However, I am writing t o you for a specific reason not related to the above.

A.R.S. 41-1005 (7) specifically states with reference to state agencies who must comply with the Administrative Procedures Act when changing policies or rules that an exemption will be made for . . "rules concerning only inmates of a correctional or detention facility in secure custody . Cl early , a policy made by the Department of Corrections which will result in the tapinq and monitoring of telephone calls made by inmates and accepted by private citizens, news media personnel, clergy , etc. is one that MOST CERTAINLY AFFECTS THE PUBLIC and , therefore, does not aualify for the exe~ption when a rule affects "inmates only."

I would appreciate your feedback as to why the Department of Corrections is permitted to utterly iqnore a state statute which clearly provides for public input on policies which will affect the public. I will share with you the fact that Middle Ground intends to bring suit aqainst the Department of Corrections seeking r:ecl.aratory judgment with regard to this issue. However, it seems a significant waste of our time and the resources of the office ..:if the Attorney General -- who must defend the Department of Corrections in court -- when the issue is so clear cut.

We would request that you contact the Department of Corrections and indicate that they may not implement this policy until they have fully complied with the Administrative Procedures Act , whose provisions begin at A. R.S . 41-1001. This would seem to be in the best interests of the State and will serve to restore our members confidence that the Department of Corrections is not above the law.

Your attention would be sincerely appreciated .

Sincerely,

Donna L. HaITUll Director LA ROCA PAGE 41

It ' s all here, right now. Bats and In the post-season competition, DIABLOS racquets and balls and mitts. A lot of came out the winner, with LOS VETERANOS action ; just as much talk . Sometimes the coming in with second place. In the inter­ jive outclasses the performance. There facility All-Star games , East Unit took is athletic talent all over the place, and the first game , with the second ending in recreation maintains its preeminent posi­ a tie . In another All-Star contest, South tion in our lives. Here's what happened. Unit triumphed in two games over Picacho, South Unit: In the Volleyball League 20-4 and 8-4 . Playoffs, TOP SPIKE triumphed over ANTICS; WEEKEND WARRIORS topped LOS CARDINALS; and MEMORIAL DAY EVENTS ANTICS later tripped up LOS CARDINALS. lOK RUN: 1st) Bautista The championship series ended with TOP 2nd) Davis SPIKE in the winner's circle, followed by 3rd) Hernandez WEEKEND WARRIORS and the ANTICS . PING-PONG : 1st) Baby TENNIS: South Unit hosted tournaments 2nd) Davis with the East and North Units. The Southers swept both tournaments, exhibiting a high CHESS: 1st) Williams caliber of aggressive play. In the South 2nd) Flower Unil Tennis Tournament, fine action result - HORSESHOES : 1st) Ashley and Shine ed in . . 1st) Hunt, 2nd) Nelson, 3rd) 2nd) Vern and Lee Forker, 4th) Piatt. OVER-THE-LINE: 1st) Matt ' s Team RACQUETBALL : The South Unit / North Unit 2nd) Miguel's Team Racquetball Competition finished with North 3rd) Bronco's Team Unit ' s Cagle winning the singles , and team PINOCHLE : 1st) Verdugo and Hatcher mate Peterson coming in as runner-up. In 2nd) Koellinger and Harris doubles, Cagle and Peterson emerg ed v ictor­ 3rd) Rank and Eastlack ious , and Arnold and Ray, South Unit, were runners-up. The Handball Tournament v s. In the South Unit Talent Show, Dog and North Unit brought these result s : 1st) Jones tied for first place . Dodd pulled Pajaro and Demetria (SU); 2nd) Crazy and up with second , and Gant came in a close Wato (SU); 3rd) Mundo and FrosLo (SU), and third . Carbajal and McQuain (NU). East Unit: In Slo-Pitch , the East BOXING CARD WITH EAST UNIT & PICACHO Unit All-Stars rolled over the North Unit Adams (EU) over Wyman (SU) squad , 9-2 . Later , the All-Stars split Davis (SU) over Palmer (EU) a pair with a free world team , and subse­ Sebrano (EU) over Lobos (SU) quently with Picacho on "Softball Saturday," Carbajal (EU) over Ceniceros (PCWC) Ramon (EU) over Maxwell (PCWC) SOFTBALL LEAGUE FINAL STANDINGS Marlin , Tony, and Wato walked away with 1st) Good, Bad , and Ugly honors in the 3-on-3 Basketball Tournament, 2nd) Toastys Exiles followed by Global-Williams-Dagg, and Theo­ 3rd) Old-Timers Ed-Bull. 4th) Vigilantes 5th) Moores Production SOFTBALL LEAGUE FINAL STANDINGS 6th) Broncos 1st) Brothers 9/Newbreed 7th) IMF 2nd) The Woods In the post-season tournament, the 3rd) Diablos GOOD , BAD, and UGLY took the top spot, 4th) La Raza followed by the OLD-TIMERS . 5th) Los Veteranos 6th) Weekend Warriors PAGE 42 LA ROCA

BOXING: The East Unit Boxing Card pro­ ADC REGIONAL SOFTBALL duced an outstanding day in the ring. Win­ INVITATIONAL TOURNAMENT ners were Hondo (Carbajal); Tiger (Sombrano); June 17, 1989 Lightning (Ramon/Most Valuable Fighter); and, All Day (Adams). GAME 1: Picacho 5 South Unit 2 During Memorial Day Activities, Hood GAME 2: East Unit 7 South Unit 5 won the Chess Tournament and Tessay came GAME 3: East Unit 13 Picacho 2 out in front in Horseshoes. East Unit won out over North Unit in the later Horseshoe CHAMPIONS: East Unit Tournament . The East Unit Basket- RUNNERS-UP: Picacho ballers defeated the East Unit CSO's team. Congratulations to all who participated in this event. An added thanks goes to East Unit for a fine job in preparing and maintaining the field, providing competent umpiring, and for consistent quality work North Unit: No rth Unit Softballers in hosting this tournament. split two games with "Fred's" Freeworld team. The Northers triumph over South Unit featured home runs by Brooks and THANKS FROM TOWN Ruthledge. Later, the North Unit's "Over 40" team won over South Unit, with J .J. The Florence Little League extends Jones banging a four-bagger . . Carbajal their sincere appreciation to all staff and Hogan were first and runner-up in Ping­ and inmates who donated time and money so Pong play. In the post-season softball generously to make Little League success­ tournament, EIGHT MEN OUT continued their ful for the children of Florence again winning ways and came in first. NO NAMES this year. Special recognition is due Lo: and CAN'T TELL came in at second and third. Fire Dorm - for painting the outfield billboards SOFTBALL LEAGUE FINAL STANDINGS North Unit Men's/Lifers Club - for 1st) Eight Men Out 3rd) No Names sponsoring the METS 2nd) The Mixture 4th) Can't Tell South Unit - for sponsoring the GOPHERS MEMORIAL DAY EVENTS East Unit - for sponsoring the DODGERS HANDBALL: 1st) Flores and Armenta Central Unit - for sponsoring Lhe 2nd) McQuain and Carbajal RAIDERS 3rd) Luz and Susa SMU - for sponsoring the RED SOX RACQUETBALL: 1st) Jones and Arnold North Unit - for sponsoring the Girl's 2nd) Eisenecher and Smith Softball Team 3rd) Cagle and Peterson . and to Warden Goldsmith for HORSESHOES: 1st) Hernandez and Slade coordinating this impressive effort. 2nd) Compton and Durham 3rd ) Crain and Purras - Marian Celaya Florence Little League PINOCHLE: 1st) DeGraw and Rocky 2nd) Short and Morrow 3rd) Bazan and Lopez FRISBEE THROW: 1st) Bruner CONGRATULATIONS to Chuck Fong, SMU ' s 2nd) Durham Recreation Program Manager, who was selec­ 3rd) Aparicio ted as the April "EMPLOYEE OF THE MONTH." The award was due in large part for Chuck ' s work in developing programs for I-3, 4, and 5 inmates at the Special Management facility . LA ROCA PAGE 43

POWE RLI FT I NG RECORD BOOK WEI GHT SQUAT BENCH DEADLIFT TOTAL 115-123 HaiVuong 225 (EU) HaiVuong 195 (EU) Threats 340 (EU) HaiVuong 745 (EU) 124-132 Holquin 275 (EU) Holquin 275 (EU) Cannon 350 (EU) Holquin 855 (EU) Threats 275 (EU) Threats 350 (EU) 133-148 Morrison 335 (SU) Govan 325 (SU) Wheeler 385 (SUJ Morrison 970 (SU) Morrison 385 (SU) 149-165 Bruner 410 (SU) Wright 375 (EU) Bruner 505 (SU) Wright 1200 (EU) 166-181 Rainey 410 (EUJ Thompson 385 (NU) Bellamy 465 (EU) Rainey 1185 (EU) Thompson 1185 (NU) Bellamy 1185 (EU) 182-198 Branch 450 (EU) Baskom 385 (PCWCJ Branch 600 (EU) Branch 1390 (EUJ 199-220 Linton 500 (EU) McDonald 405 (EUJ McDonald 590 (EU) McDonald 1450 (EU) 22 1-242 Cadillac 500 (SU) Eversoll 335 (EU) Cadillac 550 (SUJ Jamison 1400 (NU) Jamison 550 (NU) 243-275 Jamison 600 (NU) Wilson 465 (SU) Wil son 560 (SU) Wilson 1455 (SU) 276-Up Freeman 305 (SU) Anderson 320 (SU) Freeman 445 (SU) Freeman 1055 (SU) lpfJ fr[_~ [ Health & Fitness ]

'------' ASPC__::-£ - ~gi._o~l Pow~r_li_t_! Total Weigh t Lifted Cl ass Name Place (3 Lifts) - - -Unit THE CHOLESTEROL CONNECTION 132 Molina 1s t South 615 148 Torrez 1s t East 925 165 Bruner 1s t South 1165 What is cholesterol? Cholesterol is Condi to 2nd East 1060 a fatty substance produced by our bodies 181 Bellamy 1st East 1170* that is an essential part of every cell . Rainey 2nd Ea s t 1170* Cholesterol is also found in foods of an­ 198 Vandergrift 1s t East 1045 imal origin -- eggs, milk, meat, fish, and 220 McDonald 1s t East 1435 Hunt 2nd South 1385 poultry . Too much dietary cholesterol is 242 Fernandez 1s t North 1220 unnecessary, and can actually be harmful . Dodd 2nd South 775** Why is too much cholesterol harmful? 275 Wilson 1s t South 1440 Along with saturated fats (fats that re­ SHW Freeman 1s t South 1040 Anderson 2nd South 990 main solid at room temperature), choles­ terol is a major cause of arteriosclerosis *TIE - Broken by bodyweight (lighter lifter won) -- a build-up of fatty deposits along the **(2 Litts) inner walls of the blood vessels. Arterio­ Team championship was won by the South Unit with sclerosis is a leading risk factor for 15 points , tollowed by East Unit with 14 points . heart disease and stroke . A Special Thank You to Thorbecke's Gym tor pro­ Ar e t here different ki nds of c holes ­ viding the j udges a nd a wa rds . terol? Yes, there are several . The two Also , a Tha nk You to t he South Unit Recreation main kinds are HDL and LDL cholesterol . Statt tor doing a great job on t hi s meet . HDL (High-Density Lipoprotein) is choles­ terol with a thick protein coating . LDL (Low-Density Lipoprotein) is cholesterol with a thin protein coating . PAGE 44 LA ROCA

Are both kinds of cholesterol harmful? Helpful Information: No . LDL is commonly known as the "bad" Exercise u s ually helps lower blood choles­ cholesterol. LDL deposits artery-clogging terol cholesterol on the walls of the blood ves­ Men and women need the same amount of sels. HDL, on the other hand, is called cholesterol the "good" cholesterol -- it sweeps cho­ Overweight individuals tend to have higher lesterol out of the body. c holesterol levels . They should start How is cholesterol measured? Choles­ thinking about weight control . Now! terol is measured by a simple blood test that shows milligrams of total cholesterol Recommended Blood Cholesterol Levels* (HDL and LDL) per deciliter of blood. To­ Age : 20 and over tal cholesterol over 185 mg/dl (for chil­ Desirable: Less than 200 mg / dl dren) or 240 mg / dl (for adults) is unde­ Borderline : 200 - 239 mg/dl sirably high. High: Over 240 mg/dl How much cholesterol should I eat daily? The American Heart Association re­ * National Institutes Of Health (1988) commends that healthy adults eat no more than 100 mg of cholesterol per 1,000 cal­ ories of food (not to exceed 300 mg per Third of AIDS cases day). Example: 2,000 cal/day = 200 mg linked to drug abuse of cholesterol/day . United Press International How can I reduce dietary cholesterol? ATLANTA -- One-third of all AIDS cases Begin by eating less animal products and in the United States are now drug-related, saturated fats. Eat more fruits, vege­ and more than 400 involved babies born with tables, fish, and whole grains. Choose the deadly disease last year, mostly to polyunsaturated and monounsaturated vege­ parents who used drugs intravenously, the table oils , and gather simple facts about government said Thursday. various types of food. The relationship In 1988, a total of 10,747 drug-related between fat and cholesterol is obvious; AIDS cases were reported, up from 6,747 drug cases in 1987, the national Centers Fattiest Foods for Disease Control reported. Bacon Spam/ Processed Meats T-Bone Steak Ground Beef Eggs (Psychology] Cheddar Cheese Cream Cheese Coconut Dear Psychology Department: Ice Cream I have just received a letter that says my wife is going to divorce me . She Leanest Foods will not accept my collect calls, and my Turkey (light, no skin) counselors, or the security staff, have Crab only allowed me one call to try and reach Scallops her this week. This is driving me nuts. Tuna (in water) No one wants to help me find out any­ Low-fat Cottage Cheese thing. All I can do is write letters , Skim Milk which aren ' t answered. I do not know if Most Raw Vegetables I can cope, as I was never told that go­ Most Raw, and ing to prison would mean so much bitter­ Dried Fruits ness and frustration. HELP ME! LA ROCA PAGE 45

RESPONSE: It is very frustrating when ENCORE ... we have no control over events that deep­ ly affect us. When such events occur, Ol d Noti ons, New Numbers it is often best to take a deep breath, For about a year, defendants on trial step back from the problem, and ask the in federal court have been playing a dan­ question, "How much of this mess do I have any control over?" Then, d o what gerous game of roulette. If found guilty, a judge then decides his fate. If that you can where you have some control and judge follows the federal sentencing guid e­ accept what you cannot. lines , his sentence will be a fair and im­ In this instance, you cannot influ­ partial one. If he does not, he can impose ence your wife until you talk to her and the maximum punishment prescribed by law. perhaps not even then. You have to accept Since the guidelines were instituted that fact and deal with the shock, anger, in 1987, over 150 judges have refused to disbelief, and "if onlys." On the other use them in over 1200 cases. On January hand, you might be able to obtain a com­ 18th, the U . S. Supreme Court ordered all passionate telephone call by contacting federal judges to follow the guidelines. your counselor again, or a chaplain or The court voted 8-1 to end the courtroom Mental Health staff. In any event, talk chaos, and uphold the new rules. with someone; it will help you maintain One of the most sweeping reforms of ju­ perspective. dicial practice, the Federal Sentencing Dear Psychology Department: Commission spent over 5 years formulating I am on lock-down status, just be­ the g uidelines approved by the Supreme cause I lost my temper. They say I Court . A mathematical grid was designated "threatened" another inmate. That's the for the various federal offenses, and pun­ way they saw it, but I did not mean that. ishments were given a number. Attending I am an expert mechanic, and have factors in turn were awarded numbers, and done a lot of auto racing. I have volun­ the judges would then add up the numbers teered to teach mechanics, repair, etc., to find the mandated term. Many judges but they say I cannot do this. Also, they found this system "too general." will not let me get books in on this sub­ The issue before the supreme court was ject because I would be going over my a constitutional challenge of the senten­ property limit for books . . Yes, I did the cing commission itself - can judges sit on crime , b~t why do they k~~Y pushing me any commission that decides sentences, or down. I am trying to do som~thing worth­ is this a legislative responsibility? while, but everything is NO . _ ~hy won 't Justice Harry A. Blackmun, who wrote the_y 1-~~ .Jlle be a "whole" ~an. This is the majority opinion, stated, "This is in­ eat\ng a~ay at me, and . I ha~~ t~ouble deed a constit utional 'twilight area', but controll:i8'1g my anger . Ho~can 1 change it was not the intention of the framers my attitu.de., when aoministration is the that the three separate branches of power one that -~au§es it? always be entirely separated. As long as no separat e branch has aggrandized itself RESPONSE:'- C .fr sounds f:e-zy _much )':i.ke your at the others' expense, it can be done." - inabili t11- ~!=o: control gour anger is_- at t he All parties concerned admit the package root 0T ·96ur problem. If so, you -.s.houl d has problems. Among them: make leaTlhi.ng hb..w to control . it your num­ #Less plea bargains due to guidelines the ber one' priority. There are pro.grams to sentencing judge must follow . help you -00 thi s available throµgh - t h e #Increased overcrowding of prisons . Psychology department ap.d you can ma,~e t -· . #Lack of cooperation from indicted white a request through your counselor. - collar criminals regarding immunity, less Lt :i".s good that yo'u- recognize ~~hat severe sentences, etc. you have an "attitude problem.,, - .Tf you #Federal judgeships will lose their appeal will t~ke responsibility for yQ.urself, among the more qualified candidates. your thoughts, and your feelin1s, you can - - -- Most criminal justice professionals change. your attitude. People n·aturally feel the sentencing commissions' early ef­ want to help those with good .J"ittitgges forts will be subject to "adjustments" down and shut down those with bad attitudes. the road . Mused Justice Blackmun, "Laws You might want to ask yourself if you are are made to be broken . The court can, and not causing most of your own hardships . does, change it's decisions . " "We have met the enemy," Pogo says ,- "and Some 1,200 federal prisoners will be he is us." resentenced due to the court ' s ruling . PAGE 46 LA ROCA

CLEMENCY FIGURES IN USA cesses. A bit better than the national DIFFER WIDELY WITH CANADA average. But, as in both previous and following years, several of the failures The July/88 issue of THE CORRECTIONS were real "screamers." The politicians, CO~!PENDIUM listed the number of commuta­ of course, listened to the rabble at the tions/pardons granted by 48 of the 50 guillotine. states, U.S . Justice Department, and the More prison space? More parole? More Board of Parole And Pardons in Canada in money? More taxes? More handcuff ed judges 1987. bowing to more prosecutors lunging for the Among states, Oklahoma accounted for throat? Well . . what's it going Lo be? 70 percent of all commutations in America. Our legislators do not seem to know, Of 1,172 commutations issued in 1987, 815 or, in fact, to care. They have listened were issued by the State of Oklahoma. to the experts. They know the figures. Louisiana issued 61 commutations and 98 But, well this is politics. Thus, pardons and Alabama awarded awarded 218 the final question is asked -- more and pardons in 1987 . Arizona? Forget it . more frequently across the state : in view Perhaps the most lopsided statistic in of our lawmakers' recent show of disunity, \ . the report was the pardons issued by the distrust, and dissappointment, who d o our ~ l ~ Canadian government. The Canadians issued public servants serve? ta. 12,177 pardons in 1987. The American fed­ eral government issued 38 ! More " Equal Justice" . 2 sentenced in bribe plot With the criminal "justice" focus on WASHINGTO;'\ T11 0 Tclni\11c Ekctronic-. i1 :, . drugs and drug-related crime, plain, ol' officiab were given li ght ~e 11trncc, \frcinc,day fnr til vir fashioned crime has been pushed backstage. part in a scheme to bribe a N:11-y officia l to win a $24 milli on elect rnnic, rn1 1t l'aL'l But the vindictive momentum continues, no U.S. District Judge Ri ch:1rcl Williams dc,cribcd Cicor)lc matter the charge: the plain, ol' fashioned H. Kaub, 50. and Eu)lenc R. Sullivan, 57, a, "ba,icalll' punishment remains strong in the limited go-fers'' in the con,pirncy, which included tw o dcl"cnsL· vocabulary of grandstanding politicians. con,ulta111 ,, a third Teledyne official and a midicl·cl Navv Here in Arizona, it has created nothing purchasing agent. · · Kaub was ,ent cncccl to ,ix 111011th, in ,1 halfwav hou,e more than a vast bog of political-economic and fin ed SJ0,000 for hi, convict ion on cha.rge, of quicksand. conspiracy, wire fraud and filing fabc ,tatcmcnt<, . Sull11·an. Some time during 1990, Arizona, absent convicted of conspirac) and ll'irc fraud. ll'ill ,pcnd i Im·,· drastic changes, will have about 13,300 of months in a halfway lwu<,c. Each could ha ve faced at ka, t its people incarcerated . This, for a state 20 years in prison and $ I million in fine<,. Kaub and Sullivan were the fir>t dcfl'nd:1nh found guil t\' with a population less than metro Detroit. at trial in the ongoing federal ''Ill Wind" invcqigntion into The average jurisdiction (state) maintains corruption in the Pentagon procurement sy>tem. 21 penal facilities. Arizona has 31. Prisoners sue parole board There are no incentives for inmates in on walkout, hard-line stance the Arizona system. It is not like the Several slate-prison inmates have Ray Flores, who was no! actually at "outside", to where inmates will eventually filed a lawsuit against four curren l the meeting, of causing "considerable return. Self-rehabilitation, the only pos­ and former members of !he state damage" to the inmates when they left Board of Pardons and Parol e,. charg­ the hearing al the Arizona S1ate itive energy available in the corrections ing that the inmates· righ1s were Prison at Florence after being told process, is ignored . Thusly, prison be­ violated when some of the board thal the inmates would arrive as much members walked oul of a March 6 as 45 minutes late. comes less like the real world, and more hearing and when ,ome refu;ed lo The suit also accuses the members take action on a number of petitions of turning down an inordinate number self-defeating. The parole mechanism is during an April 12 hearing. of requests for parole at an April adrift, lacking in relief, regard, or re­ The lawsuit was filed by attorney meeting after inmates filed a grievance Barry Wolfson on May 3 in Maricopa over the walkouf\ spect. Non-violent offenders with gut­ County Superior Court on behalf of Flores did not attend the March state prison inmate Leslie E. Smith, IS meeting but was present at the April wrenching sentences cannot get out. other male inmates and an unspecified hearing. Wolfson could not be reached During 1987 (1988 figures, now emerg­ number of female inmates. for comment Wednesday. It asks for punitive damages equal Gilbert and Johnson, who were ing, appear similar), there were about to board members' salaries for three fired from the board May S over that 1,140 people on parole in Arizona. Parole months and unspecified damages for incident and olher problems, had no mental suffering, lost wages and comment Tuesday. incidents revealed 272 technical viola­ witness expenses. Aycock, who resigned from the The suit accuses Darwin Aycock, board, and Flores could not be tions , 72 new crimes, and about 850 sue- Patricia Gilbert, Ron Johnson and reached for comment. LA ROCA PAGE 4 7

ANGER MANAGEMENT Women's Prison] Page Francis Jane Centner I ( Karen Bieri Polly Martin Karole Lambert Artemisa Flores Rosalee Garza Rebecca Rex

CONGRATULATIONS! SAY WHAT? or RULES I LOVE A recent auspicious occasion at the Socks are required with thongs in the Women ' s Prison was marked with the first dining room. There's a rule with no graduating GED class. Graduates were also redeeming value. It's not in the health honored with certificates in LIVING FREE, laws, is not a security concern, and hides SELF-HYPNOSIS, and ANGER MANAGEMENT. The my toenail polish. awards were offered by Nancy Hughes, We aren't allowed to play Bingo be­ Assistant Deputy Warden. Chaplain Hubbard cause (we were told) Bingo is a game of led opening and closing prayers, and words chance, not skill, and therefore consti­ of congratulations and inspiration were tutes gambling. Have the men's units presented by Larry Hughes, Deputy Warden, found a way to make Bingo a game of skill? and Inmate Management Administrator Is the administration at Perryville in Dr. Robert Cassady . Also on hand were violation of t he law? How can you gamble Marge Thompson , CEPM, and Marshall Abbott, without money, or something of value, ex­ the Anger Management guru. changed on both ends? Or are we just in a No-Bingo zone? GED GRADUATES We can hang T-shirts on the ends of Rebecca Rex Jacque Adelma our beds, but not our j rqns. Are T-shirts Rosalee Garza Artemisa Flore ::, more aesthetically pleasing? A recent memo stated that there would LIVING FREE CERTIFICATES be no more plastic bags used for ice, and Jane Centner Sharon Kelly if we had no ice chest we were to use our Karole Lambert Vickie Hall laundry bags. O.K., you laundry baggers, Linda Tacho Jackie Eikenberry which eu de cologne does your ice give Linda Horning Linda Washington off? Canal No. 5? Has anyone slipped on Artemisa Flores Pamela Doss your drips? How do you keep those little Sylvia Chavez Rebecca Rex chips from falling through the holes? I really appreciate the ponytail SELF-HYPNOSIS I ru~e . This allows one to use only one Karole Lambert Evelyn Ramser hand for hair-pulling and leaves the other Janell Hawkins Loretta Young free for other things. Linda Tacho Karen Bieri All of which leads me to ask those Page Francis Janet Seib responsible . . are you serious?

C.K.F.

Martin Luther King Rap Today is the day We salute the one A dream to shout, a dream to sing M.L.K., who fought to overcome The man we salute is Martin Luther King He fought for you And he fought for me Now we come together He fought for this Just you and I Mighty nation to be free For some ribs, greens, and homemade pie Dis-crim-i-nation, a word he hated We need to join hands and say our piece Dealing with black, dealing with white. So all this anger and bitterness cease

He had a dream and I have a dream - 1bi Pappas The one who fought so hard for all AWP/ Florence to be seen (As performed at the AWP Jimeteenth celebration) PAGE 48 LA ROCA

CAROL A. BERGMAN [ News Briefs ) An opposing view Don't build prisons; pursue alternatives

Justice that's blind WASHINGTON - Alarming Carol A. Bergma n. a lawyer. statistics on increased prison was director of the Unitarian and jail overcrowding point to Universalist Serv ice Comm it­ is fairest for all a criminal justice system th at is tee·s National Mo ratorium on not working, not toward view­ Prison Constniction fro m 198 1 ing prison construction as a to 1987. The stories of some victims of crime tug at your heart. growth industry. Take the case of Richard Haynes. He was slight and men­ Founded on th eo ries of pen­ priso ns and jails, th ere is no ance and rehabilitation. the pres.sure, few resources and lit­ tally infirm. The self-proclaimed preacher was sitting on a U.S. prison system started as a tle incentive to develop alter­ park bench amid his religious paraphernalia when he was model of reform. not punish­ natives to inca rce ration. The brutally attacked on Sept. 13, 1986. ment. studies on rec idivism indica te Demetrius Gathers and three friends beat the 32-year-old Continuing to spend billions that th e longe r someone is Haynes with a bottle and an umbrella, then kicked him of dollars on a system that does loc ked up, th e more apt he is to when he was down. Later, Gathers came back to stab not rehabilitate and does not deter crime, but does release Haynes to death. angry, embinered and danger­ Who doesn't feel sympathy for the victim and his family? ous people, does not make Who doesn't feel revulsion for the murderer? sense . Continuing to Certainly not the South Carolina jury that sentenced Retribution and vengeance Gathers to death after hearing prosecutors characterize his are very costly, aver aging spend billions'' of victim as "a religious man and a registered voter." $30 ,000 a year per bed and dollars .. . does not $75,000 per cell to build (it ca n make sense. But this week, a divided Supreme Court threw out that cost $120 ,000 pe r cell in urban verdict. The majority said the prosecutors were wrong to construction). That is a grea t make that personal description of the victim because it had deal of money to spend be­ nothing to do with Gathers' culpability. ca use we are afraid of crime In doing so, it upheld a previous decision that overthrew and don·t know wh at else to do. co mmit a wo rse'' c rime upon re­ The USA has th e third-high­ lease. And there are succes.s ful, the death penalty for John Booth because a Maryland jury est rate of incarce ration in th e more humane and less costly was told personal details about Booth's elderly victims, industrialized wo rl d; only models of dea ling with crime. Rose and Irvin Bronstein, and their family's grief. South Africa and the Soviet Co mmunity service and res­ To some, like the writer across this page, the high court's Union lock up more people per titution empha~ize both th e re­ rulings against use of such characterizations in death-penal­ capita. It is the dramatically sponsibility of th e offender and disproportionate rate of inca r­ the rights of the victim. ty cases is an affront to victims' rights. They argue that ceration of black people and Halfway houses, wor k- r e­ courts and juries should take into account victims' charac­ Hisp anics th at d etermin es lease programs and dru g- reha­ teristics when punishing their murderers. th ese statistics. Black people bilita tion ce nters increase the They're wrong. Such accounting wouldn't add up to jus­ are incarcerated at a rate al­ likelihood that someo ne will tice for victims. It would divide them into classes. most 10 times that of the white " make it" outside of prison Whether Gathers' victim was a banker or a bricklayer, a population; for Hispanics, the walls. Community-based alter­ rate is three times that of natives can provide the tools of churchgoer or an atheist, a community leader or a drifter whites. surviva l: edu cation, job train­ passing through town should make no difference. Not to the The nation behind bars is a ing and jobs. la,;, not to the jury. poor one: less than half of those By pretending that it is possi­ Justice must be blind to such distinctions, just as it must convicted were employed at ble to build our way out of the be to race or gender or ethnic background. the time of arrest; th e average prison overcrowding crisis. we income, $3,500 . Almost 50 % of maintain the illusion that pris­ Juries deliver fairer verdicts without them. the U .S. jail population is be­ on sol ves th e problem . Yes, Last year, a second panel of Maryland jurors sentenced hind bars because th ey are un­ prison does incapacita te the of­ Booth to death again - without any victim-impact state­ able to make bail, bail that is fender - temporarily. Bu t it ment to taint their verdict. often less than $200. does nothing to brea k the cycle But the court's ruling, while right, doesn't mean that gov­ By continuing to build more of violence and ve ngeance. ernment can't show sympathy for victims and help their families in other ways. More states can keep victims and their families in­ USA's prison population formed, as 31 states do, about release of accused assailants, parole hearings and work-release programs. As 34 do about The 10 states that had the biggest increase in prison sentencing and the final disposition of cases. population from 1987 to 1988: Rhode Island, 33.5%; Colorado, 24.7%: New Hamp­ States can increase aid for victims. Most states collect shire, 17.5%, Michigan, 16.1%; California, 13.7%; Arizo­ fines for such aid. But in 1987, total state and federal fund­ na, 11 .1%; Missouri, 10.8%: Kentucky, 10.6%; Nevada, ing amounted to only $324 million - only $50 for each of 10.1%; and Minnesota, 9.9%. • the 6 million victims of violent crime. The number of prisoners declined in seven states: And states can make sure criminals who continue to South Dakota, down by 10%; Washington, 5.1%; threaten their victims stay behind bars, as California is try­ Maine, 2.3%; Tennessee and Alabama, 1.7%; North ing to do with Arthur Jackson, who brutally stabbed actress Carolina, 0.9% ; and West Virginia, 0.2%. Theresa Saldana in 1982. He was up for parole, but now The number of women in prison increased at a faster may face at least seven more years in prison for alleged rate than the number of men: death threats against Saldana. Women in prison in 1988: 32,691, up 12.5%. Society must recognize and protect the rights of crime Men in prison: 594,711, up 7.1%. victims. But justice must be blind to their differences. Source: U.S. Department of Justice LA ROCA PAGE 49

SEX OFFENDERS Criminals as well as victims need treatment

Editor: 90% of them are returned to us who recognize the need to treat The number of centers in the without having received any treatment offenders as well as victims and who Greater Phoenix area for victims of or counseling whatsoever for this recognizes the danger of turning them sexual abuse has grown steadily and disorder. Funds allocated through loose on the public without any form one could hardly question the benefit DOC for the treatment of male sex of "correction" whatsoever. of these centers to their respective offenders are less than the combined Mental Health care in Arizona is communities. But the problem of salaries of its top three administ rators. markedly deficient in every respect. treating sexual ofTenses does not Convicted sex offenders are returned Given the almost total absence of any begin, nor should it end with treating on the average after having served early intervention and treatment plan the victims. If you were to ask the only 2 years (S years for the most for sexual offenders at the Community average resident his or her opinion as violent offenders) in prison. or Juvenile Detention level , the men to what should be done to prevent the At the present, the only treatment who are eventually convicted of sexual occurrence of sexual crimes in Ari­ program within DOC for sex offend­ crimes in our State are released, zona, their response will invariably be ers is in the Tucson facility. This is unchallenged and virtually untreated, aimed at the perpetrator of the crime, the only provision made for the entire to repeat their crimes (National only after the crime has been state prison system and it is a average 35% repeat offenders) against committed. voluntary program for those who (if the women of Arizona and sooner The recent kidnapping and rape of they arc lucky) can get assigned there. than you think . (Almost immediately, a 61 year old Tempe woman at the There is no mandatory psychiatric if we use the Tempe incident as a hands of a known ofTe: .der by the care or treatment for sexual offenders gauge.) Because women arc the name of Gonzales, a man released on within DOC. The funding for the victims, the treatment of sexual crimes the same day this atrocious event took treatment program at Florence was in Arizona is a women's issue. As place, is only one example in a cut earlier this yeat . The program at women , we need to focus on treating painfully long list of violent, repeat Florence continues as a "club" of the whole problem and that includes ofTenses against the women of Ari­ sorts and is now operated on a examining cause as well as effect, zona. What happens to men convicted volunteer basis for those inmates early intervention as well as preven­ of sexual offenses in the State of concerned enou gh about their treat ­ tion. lt means providing treatment of Arizona is this: Out of an estimated ment to attend . The group is con­ the perpetrator as well as the victim. 11-15% of the prison population that ducted by several local (Scottsdale, MARCIA CECH-SOUCY are held on crimes of a sexual nature, Phoenix) psychologists free of charge, Mesa

Police agencies divvy up assets seized fro01 drug-dealer suspects

By Jim Walsh trunk of an alleged coca in e traffickers' car in Los The Arizona Republic Angeles last summer. Wood said the remaining Arizona law-enforcement agencies have divided money went to Los Angeles-area police agencies. nearly $2.4 million in assets seized from suspected In this instance, agents did not have to prove in drug dealers at a D-Day Against Drugs Conference in court that the money was drug-tainted, because the Paradise Valley. suspect did not contest the seizure, he said. "It (drug-trafficking) is such a lucrative business, Cary H. Copeland, deputy associate auorney you want to take the profit out of it," U.S. Attorney general with the U.S. Department of Justice, tl)id the Stephen McNamee said. conference that $ISO million in drug proceeds has The money must be used to fight drug-dealing. The been seized this year under the Crime Control At' t of amount of money received by the agencies was 1984. That marks an in crease in the forfeit u1, : of determined by the influence they had in joint drug-dealer assets under the act. with $ I00 million investigations, McNamee said. forfeited in 1988 and only $24 million forfeited in The assets, divided at the conference Tuesday and 1985. Under the law, agencies seize th e money. and ,1 Wednesday, will be shared by the Arizona Attorney judge then decides whether it should be forfeited. General's Office; the state Department of Public The three-day conference is sponsored by the law Safety; and the Phoenix, Mesa, Glendale, Peoria, Enforcement Coordinating Committee. a consortium Tempe, Scottsdale and Tucson police departments. of Arizona agencies, and the DEA. More than 500 Dave Wood, special agent in charge of the federal federal, state and area law-enforcemen t officiah. arl' Drug Enforcement Administration's Phoenix office, expected to attend the event. which ends tod,1y. It is said more than $2 million of the money divided by the taking place at the Wyndham Paradise Valley Res0rt. agencies came from the seizure of $6. 8 million from a 5401 N. Scottsdale Road . PAGE 50 LA ROCA

RULE CHANGES PROPOSED Editor, Ar izona Republic Victimizing defendants As is often the case with your newspaper, you have glossed over some J N their ,.eal to swaddle the sensibili11es of cases come quickly to mind - such procedures vitally important facts in order to turn a crime victims, some people in Arizona, could result in prosecuting witnesses being · int!ucl;n g not a few prosecuting attorneys, are intimidated by the presence of the defendant or story in the direction you wish it to go. I suggesting radical changes in the rules of harassed by overzealous or unscrupulous am referring to your recent article about cnmin al procedure. Maybe the rules need to be defense lawyers. But such abuses can easi ly be prison phone ca11s which will soon be changed , but not in a way that impedes the avoided by requiring that deposi tions be taken taped and monitored by the Department administration of justice - which is to say, not outside the presence of the defendant, that they of Corrections (April 26) and your m 1he way that so me are proposing. take place within the protective environment of subsequent editorial comments which the court, and that the prosecuting attorney be One proposal wou ld interfere with the imply that Middle Ground is naive about longstanding practice of sequestering witnesses present. These are, in fact, the recommended - that is, excluding them from the courtroom safeguards of the state Supreme Court 's legal the possibility that drug deals are being staff, and they seem adequate. un11I they are called to testify. The purpose of made over the telephone (April 27). e,rludmg witnesses is to keep th em from No one suggests that the feelings of crime I was interviewed r· t. r· .. , •ly with ,hapmg thc,r s, rie< to fit the evidence, and n is victims should be disrega rded. But not all regard to this issue, an o, '; , • ry small ,omc11mes a pruder.• ,, nd necessary thing to do. unplcasan:ness can be avoided; the cr,n,•n.1I portion of that interview was used by justice system, like life itself. i, imperfect I 1« But ,upport " building fo r a change that defendant, for exampl lid, a const itutional your reporter. For example, I expressed ll"Uld give cnmc victims, even if they are right to be present thro"~hout his tnal, whether concern that the Department of Correc­ t,·\l1fy111g. an "absolute right" to sit in on he is testifying or 1101 a right that docs not tions had not followed a state law which cn:n111al tnals from start l<• finish . And so that extend to the v1c t1 ms ,,f crime. Th15 may not be ,uch ,1ctims would not be left alone, reformers requires them to conduct public hearings cq u1t able, but ll " neccs,ar, if ,tar-chamber al,o want to create a categ Jry of hand-holders, before they change any policy which has proceedings are to be avoided. called ·'supportive persons," who would enJoy an impact on the public. It would seem the same right of attendan ce. What need, to be kept in m111d 1s that th e that they should set good example for criti cal and e»cntial purpose of a trial " to The legal staff of the state Supreme Cou rt determine the gu,lt or innocence of the acc used. the "conniving cons" as you call them suggests a compromise. Require the court to not to spare crime vict im ~ further trauma, a~ and simply follow the law. Why don't sequester witnesses at the request of enher the desirable as that mav he 1 rauma and you question the propriety of a state prosecution or defense, 11 recommends. but mconveniencc should be mm1mized where allow cnme victims to remain m the court room agency that breaks the law? possible, but not at the expense of attenuating I expressed lengthy concern that thi s afte1 g1V1ng testimony and being cross-exam­ the ri ghts of crimi nal defendants. If our cou rt s ined. This makes sense. are to fulfill their proper function. th ese rights policy has potential for abuse because Another proposed rule change would give and a diligent attempt to find th e truth must prison officials in Ariwna are not known crime victi ms an unqualified right to refuse to take precedence. for their adherence to high ethical gi,e pretrial interviews or depositions to defense The Supreme Court invite, public co mm ent standards, as evidenced by the numerous attorneys. These pre-trial steps are a useful on these proposed rule chan ges prior to June 9 articles in your newspaper regarding the preliminary. They often enhance ou t-of-court and will hold a public hearing on June 14 . sett lements and avoid courtroom surprises and retaliation against departmental whi stle­ Arizonans interested in presen ing our co nstitu• blowers; fo ur-pointi ng of inmates fo r the delays that often resul t. ti onal system of justi ce and fai r pl ay should Wh ere some crimes are concerned - rape make themselves hea rd . humiliation and "mental health" treat­ ment ; lost or missing state property - the list goes on . You r editorial states tht the inmates themsel ves have opened the Prison workers' needs door to the abuse of phone privileges by implying that their conduct warrants this new policy, yet your article on this topic of study, hearing matter specifically states, "prison officials

By Dee Railes OC hdd al 7 p . 111 l Ul:\da) 01 l'lo1encl' acknow ledged that they have no proof The Amona Repubhc I l1gli Sd1ool. Mofford 1, o.pcl.'.tcd to that inmates are using telephones to St(IIC pri,011 c:\ pan,1011 111 Flotl'IICL' attend the mcctmg. wl11 ch 1.., bL·mg arrange to bring drugs into the prisons." by 2007 could hoo,t 1hc popula11011 in "'ron,orcd by the ta,k forl'C~ 1hc ell) ;111d 111 thn.:c 01hc r commu111- lnfo nnat1011 111 1hc p1d11nmar~ So which is it - dcY' umented cases of 11 e., hy 12. 764. a ..,pe1.:1al rcpo11 ,.1\ ,, report \\a, gathncd by a lllllL'•lllCJ11hl'1 inmate phone abuse, or a case of .1 nd thereby cn::atc ,1 need fm 4.494 plannlllg team appomtc..:d h) lhl' ia,k institutional voyeurism on the part of the more hotl',mg un11, forl'.1.' and headed by Peggy f' iandal'

[ Puzzle Page )

Flt the words supplied with each diagram Into their proper places In the pu:ic:r:le squares. The words are In alpha­ betical order according to the number of letters. Some Kriss Krosses have a word entered In the diagram to help you get started. For example, "SKILL" Is entered Into this diagram. To proceed, look far a 6-letter word begin­ ning with "L". Continue In this manner until the puzzle Is solved,

4 Letters 7 Letters Queen Draw -::m;;;- Capture King Skill Defense ·-· Tempo Endgame Lose Move • Fischer• 6 Letters Opening Pawn Problem Pick (white or I Bishop Spassky* black) Castle Play Choice 8 Letters Rank Knight Blocking Reti* Lasker• Champion Rook ~ Method Opponent Pieces Philidor* 5 Letters Theory Strategy Check ~~ill Threat Chess 9 Letters Attacking Checkmate ( end s - - of game) K - En passant (Pawn - taking pawn) I - - - - - Reshevsky* -L - - Sacrifice L Stalemate - - (deadlock) - - - - 10 Letters - - - - Center game - - Fianchetto - - (a move) - Passed pawn - - - Vienna game (kind - - of opening) - - - - - 11 Letters - Development - - Double check - - 12 Letters - Danish gambit - (kind of game) - - - - - Surprise move - - - - 14 Letters ------English Opening - - - (kind of game) -- - • Cheu muten - - Solution is on page 36 PAGE 52 LA ROCA

ARE THEY TALKING ABOUT YOU?

Well -- are they? · ·~ -.,-1, ~ .,~ ,,~~ - ~~,4~ ~ If you are worrying about the wrong y';;:y::J .-~ ' ·".. \:, . ,- ~ ·_, -.;, deodorant, the way you behaved at that . ~ ' ' f ~'n ,, Ylj ·, ~: - "7\ "· ":,\. -' '.1-~ cocktail party , or the socks you wore to the rI \ / ..·\, ~fi '·t ~~ }~ j l . '' ) \, office t h at did n ' t match -- forget it . None of the ,, . r;~ ~\\,{ ,, f r(.. ' '(i· .., ) . ''f'- ,, E ; , above . . r r ~ ~:· ~-~ ~ ~ _•' ' ~- .I

The problem is much heavier than that kind o f stuff .

You have not taken care of your subscription to La Roca , and your friends and

neighbors know it. Haven ' t you noticed how tentative they are in yo ur presence?

How shifty-eyed? How they make excuses to get ~ ..... -· . .:--,_ /~-:;, ·--..._ , . / ' \ away? Get rid of this social stigma now. Put I ',, i~ )2\ ~ '~~ . > ~!.&. ' . ~ ( /;""I';\. ' ~ " - ~~ •ij("•· i'" 1 ' some class and confidence back in your life . ,.c: ·': ~' ) {l-t .. ~' ,t--. ·. ... , ~.ru -1 I A.,1 i . . ' :-·. ~; ., __ r' '\ t -,,. ~ ,. Send us the coupon with some bucks, and we :;,--::~' I~• --~>/ ~ -f .. .?i~ /2 'vr/' ~ ' ' will start sending you a dynamite ma gazine . \r~ ~ Trust us . " Maybe he ' s j u st cheap. "

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