Tuesday, February 9, 2010

Prescott Valley chases out CCA!

This via Ken at the Private Corrections Working Group (I know I said I was taking sick leave - I just keep trying to clean up my mailbox, so I may be posting things in reverse order)...Congratulations to the people of Prescott Valley. Someday your grandchildren will thank you, once they know how close they came to this. Good luck - they're still going to work your town over a bit more, and may look for a back door.

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from ktar.com
by Associated Press (February 9th, 2010 @ 12:16pm)

PRESCOTT, Ariz. - A Nashville-based private prison operator is scuttling plans for one prison site in Prescott Valley.

A spokeswoman for Corrections Corporation of America said the company is no longer considering land off Fain Road for a proposed private prison because of opposition from the Town Council.

CCA spokeswoman Louise Grant said Tuesday the company remains interested in Prescott Valley and believes there is a very strong group of individuals who are supportive.

CCA reportedly notified the Prescott Valley Economic Development Foundation this past week that it was abandoning consideration of the site near an industrial park.

Grant declined Tuesday to disclose whether her company is considering other sites in Yavapai County.

Women Behind the Wall: Jamie Scott

I just found this posting, but you can still hear the show at blogtalk radio, below. Women Behind the Wall is hosted by Gloria Killian and Mary Ellen Digacomo, two women who were exonerated after years in prison, and now try to help other women who were wrongfully convicted or are being unjustly treated. They did an episode about Marcia's death, which is linked to in the margins or below. This one is for Jamie and her family, and comes via Mississippi Prison Watch.
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A special edition of WOMEN BEHIND THE WALL, devoted to the desperate medical situation of Jamie Scott and efforts to obtain a compassionate release for Jamie before she dies of medical neglect in a woman's prison. Tuesday 2/9/10 at 6:00 PM EST on blogtalkradio.com/4justicenow, call in number 646-378-1432.

Nor Meekly Serve Her Time...

Hey All,


This may be my last blog post for awhile. I've been pretty ill these past few months, and this last round of antibiotics doesn't seem to be doing much. I may be in the hospital and inaccessible for a few days, if this fever doesn't break tomorrow. I'll still be following up with the individual case work I've started - or will get help doing so - and will post prisoner SOS calls and updates as I'm able to, but I won't be keeping up too well with politics and private prisons, and certainly won't be going to any protests for awhile. I need to gain a few pounds before I go chalking up the town again, too. My hope is to at least prepare a statement for the House Committee on Sentencing meeting, which is on for February 24. If I can do that much, I should be back up and blogging as well.


Friends of Marcia Powell can still log into that site under their own Gmail accounts, by the way - try to keep things looking alive, there, and post updates about our Anarchist/Indigenous bloc comrades. Think of something cool to do for state prisoners for Valentine's Day, too...


Speaking of - Free Marcia Powell was apparently confiscated in the mail room as contraband at Perryville Prison recently. Don't know what blog post it was - my friend just told me that she mailed something in there, and got a letter back from her friend saying they only gave her the envelope. I found that kind of amusing at first - I just dropped below a hundred pounds this weekend, can't keep up with the daily news anymore, and the most fortified institution in the state actually considers me a threat.  

I suppose I should take it as a compliment, but now I'm kind of annoyed, instead. I hope I don't have trouble corresponding with prisoners myself - there are a few I just need to express support to - just to give them comfort - not get them all riled up...I wouldn't necessarily include everything in a letter that I put in my blogs, anyway. In any event, I won't be sneaking in - they'll see me coming. I don't think I have anything to hide. I guess they do, though...

Maybe it's not even me - maybe it's really the "us" that's the threat - the idea of solidarity between women on the inside, and those of us on the outside. We just might even constitute a "gang" - we're all pretty scary, with our chalk and signs. Seriously: this could be a dangerous new alliance forming: Sex Workers, anarchists, union members, food-not-bombers, angry prison moms and wives, families of the wrongfully convicted, people who were recently incarcerated, advocates for prisoners with Hep C, and a few free madwomen like me...we could really cause a ruckus if we can get in one place at the same time.


I'm thinking that Perryville Prison on May 20, 2010, would be a good place and time. We could have our first annual memorial service for those who have died in the custody of the state (jails, prisons, hospitals, etc) on the anniversary of Marcia Powell's death. I think we should ask the governor to issue a proclamation and have a ceremony, like she does to honor other crime victims. In fact, instead of freaking out the ADC by showing up at Perryville, we might work on trying to get a memorial plaque placed at Wes Bolin Plaza. Everyone else has one there - even the state's K-9s killed in the line of duty...including those left out too long in the sun. 

If they don't give us a spot at Bolin Plaza, then maybe we should just take one that day. I have a nice corner already picked out, facing the Capitol, opposite the crime victims' memorial. 

Just something to think about.


We should definitely connect and begin organizing before the Liver Life Walk on March 20 (see post below). I'll try to put together something at my place when I'm not quite so delerious.


It seems fitting to sign off for now with the following article by Vikki Law, remembering Marcia Powell. I thought I posted this already, but I guess I just held onto it closely for awhile because I thought it was so cool. I was pretty blown away to see the company we keep - humbled. It takes a lot more courage and creativity than I think I have to resist from the inside - self-restraint, too. In high school they just threw me out for my mouth (well, and a few other things). In prison they keep you longer. I'd spend my entire sentence in the hole for being too quick to clench my fist or pull out my fighting voice. It'd sure be hard to help anyone from there.

Anyway, I think it's pretty awesome that Vikki's been watching what's going on here with the women in Arizona's prison, and lending her support (and zines!) to our efforts. We've learned a lot from the women whose voices she's helped to amplify, and from her critical analyses of women's resistance in prison. She's been a steady source of encouragement, too, when I've wondered what the hell I'm doing out here and why. This isn't the "career" move most women my age are making (I think my family is finally getting worried about me). 

I actually think I want to write a musical about all this - something like Rent (Linda and I just saw her kid play Roger - he was awesome), only with the music and poetry and history of women's resistance that's already at our disposal...just not all of it has already been told.

Maybe it'll be about women organizing to help a fellow prisoner get lifesaving treatment that's not on the state formulary, or trying to win her compassionate release - something that will address the major issues we've been coming across calling for criminal code revision and sentencing reform, the shredding of the PLRA, and the ouster of legislators like Kavanaugh (Mr. Private Prison) and Pearce (no further comment). Some of those stories are related below.

Wouldn't it be something if Ryan let us in to collaborate with Perryville prisoners on this kind of thing?


Yeah. No chance in hell. I think I might just ask anyway. If he says no, we'll just work it into the script somehow. He makes a pretty good bad guy, I think. He can be the predictable faceless monster of prison bureaucracy, if he chooses to be. Or he can put Dora to shame, and do something remarkable for an old white male cop: help empower poor women. Let them use their voice.


How's that for a challenge? C'mon, Ryan. You must see the potential in this - it's not all bad for you. On some level, even Karyn Klausner has to be tempted to go for that. You guys aren't hiding state secrets anymore. We already know how evil the ADC is...maybe this could help you redeem yourselves.


That, and helping me help Mr. Tripati, could get you on the right track, anyway.


Just thinking aloud, now...my fever's peaking again.  I actually almost went to the ER this weekend, but think I can slide by without them now. Dancing to Bob Marley every morning and Nina in the afternoon seems to help, but so does getting more sleep - my schedule's kind of out of whack, now. I think this is a sign I need to crash for a few days straight.

Save your cards and well-wishes for Mississippi - please help keep the pressure on there, and come up with some other creative ways to work with them. Follow-up with the Kidney Foundation and other patients' rights groups.

Email may take me a couple of weeks to sort through - I've been kind of incapacitated for a week already, so if you need me, call. 480-580-6807.


Back with you all sometime soon. Enjoy the read.

----------------



Nor Meekly Serve Her Time: Riots and Resistance in Women's Prisons

Victoria Law

New Politics (mayfirst.org) Vol:XII-4
Winter 2010: 48
IN 1974, WOMEN IMPRISONED at New York's maximum-security prison at Bedford Hills staged what is known as the August Rebellion. Prisoner organizer Carol Crooks had filed a lawsuit challenging the prison's practice of placing women in segregation without a hearing or 24-hour notice of charges. In July, a court had ruled in her favor. In August, guards retaliated by brutally beating Crooks and placing her in segregation without a hearing. The women protested, fighting off guards, taking over several sections of the prison, and holding seven staff members hostage for two and a half hours.

Male state troopers and (male) guards from men's prisons were brought in to suppress the uprising, resulting in twenty-five women being injured. In the aftermath, twenty-four women were transferred to the Matteawan Complex for the Criminally Insane.

      Three years earlier, male prisoners in Attica, New York, captured headlines nationwide when they took over the prison for four days demanding better living and working conditions. The governor ordered the National Guard to retake the prison; 54 people (prisoners and guards) were killed. The rebellion catapulted prison issues into public awareness, becoming the symbol of prisoner organizing. In contrast, the August Rebellion is virtually forgotten today, leading to the widespread belief that women prisoners do not organize or resist.

      Women prisoners have always resisted. When imprisoned in male penitentiaries and work camps, they refused to obey the rules. When states began housing them in separate facilities, they protested substandard conditions, sometimes violently. In 1835, New York State opened its first prison for women. The environment was so terrible that the women rioted, attacking and tearing the clothes off the prison matron and physically chasing away other officials with wooden food tubs.[1]

      A century later, women continued to protest horrifying prison conditions: In 1975, women imprisoned in North Carolina held a sit-down demonstration demanding better medical care, improved counseling services, and the closing of the prison laundry. When prison guards attempted to end the protest by herding them into the gymnasium and beating them, the women fought back. Using volleyball net poles, chunks of concrete, and hoe handles, they drove the guards out of the prison. Their rebellion was quashed only after the state called in over one hundred guards from other prisons.[2]

      Some instances of resistance remain little known outside the prison. Former political prisoner Rita "Bo" Brown recounts that women imprisoned in Nevada took action against the prison's psychiatrist who had been pushing psychotropic medication, even to women who did not need it. One woman died as a result. Her death unleashed the women's anger. The next time the psychiatrist visited the prison, the women threw chairs, tables, and anything they could lift, driving him not only off-premises but also off the job. Not only was the psychiatrist replaced (with the prison's first woman psychiatrist who did not share her predecessor's enthusiasm for drugging patients), but so were the prison's doctor, warden, assistant warden, and other higher-ups in the prison administration.

      The women's action did not make the news. Brown learned of it only after arriving at the prison itself two months later. Former political prisoner Laura Whitehorn also recounted tales of resistance that, were she not outside telling them, would have remained buried behind prison walls. When she first arrived at the Baltimore City Jail in 1985, she quickly learned that she would have to fight for her rights, even those she was entitled to under jail regulations, state law, and the constitution. "As a white middle-class woman, I really hate waiting on lines. I didn't want to. But I had to learn the difference between making that an issue, which no one else there thought was the big issue, and fighting for things that were really important to people. And taking leadership from the women who knew better than I did what was important to resist."

      She recounted that, like many other jails and prisons, the food was almost inedible. "We had been hoping that at Thanksgiving, we would get a piece of turkey, something that was decent," she recounted. "Come Thanksgiving, they [the guards and administration] hand out these, I don't know, they were dinosaur legs! You could break a window with them. And, in this prison, when you come in and you had dentures, they would take your teeth away. So most of the women didn't have teeth. I couldn't eat them with my big choppers and other women couldn't either. We were all furious. We marched out and we threw them all in the garbage and walked out. That was the first little bit of resistance around this issue.

      "So me, with my 'We're going to make a revolution here,' I started talking to my friends. And I said, 'At Christmas, let's do a hunger strike,' or 'Let's throw the trays back at them' or something. And people were like, 'No, we don't want to do that.' And what they came up with, which was much better, was that we should not go to dinner that day. Just not go, and that we should organize the community people that came in, which were a nun, a teacher, a chaplain, and the decent guards to bring food and make a Christmas party. And so we got that. And the whole time I'm thinking 'Oh yeah, this is really revolutionary, a Christmas party.' Well, it was. Because it was saying 'Fuck you. You don't want to give us our rights but we're going to take them in this small way.' It was the most wonderful thing. It was really great."[3]

MORE RECENTLY, WOMEN INCARCERATED in Arizona attempted to protest and draw public attention to the use of cages in Arizona prisons. The only coverage was a short article in the Arizona Republic.[4] The incident might have been forgotten had blogger Peggy Plews not taken on the issue, reprinting the article on her blog, reaching out to other prisoner rights advocates, organizing protest actions, and demanding accountability from Arizona prison and elected officials.[5] Arizona has more than 600 outdoor cages where prisoners are placed to confine or restrict their movement or to hold them while awaiting medical appointments, work, education, or treatment programs.[6] On May 20, 2009, Marcia Powell, a mentally ill 48-year-old incarcerated in Perryville, died after being left in an unshaded cage for nearly four hours in 107 degree heat. Two and a half weeks later, three women at the same prison simultaneously set fire to their mattresses in an attempt to draw outside attention to these conditions.[7]

      Women have also resisted in less visibly dramatic ways. The Civil Rights Act of 1964 allows male guards to work in female prisons. Many states do not restrict guards' access to the women, often leading to sexual harassment, abuse, and assault. However, incarcerated women have resisted staff sexual abuse, both individually and collectively. One woman, incarcerated in Ohio during the early 1990s, recounted that a male officer constantly harassed her cellmate. "He'd make nasty insinuations about her breasts and what he would like to do to them and how he would like to do it and what he'd do to her."[8] The guard threatened to place cocaine among their possessions if she or her friends reported his behavior. His threat worked; the women kept quiet about his harassment. One night, he assaulted his victim. Her cellmate and another prisoner heard her screams and found her with semen on her face. Despite their fears, the three filed a complaint with prison officials and later testified before a grand jury, leading to the officer's arrest and conviction. Their actions encouraged other women to resist male guards' abuse of power.

      "It was a funny thing after that happened," the woman stated. "A lot of the nastiness and that vulgarness . . . was seeming to cease a little bit and to ease up a little bit, because they began to get nervous. And more women stood up, and two other officers were escorted off because the women found enough courage to stand up."[9]

      Laura Whitehorn has a similar story from her incarceration at the federal prison in Lexington, Kentucky.
There was this one guard. We called him "John Wayne." . . . He would pat-search us. They're not supposed to put their hands on our breasts or in between our legs, they're supposed to just go around the area. But he grabbed my breasts and squeezed them and so I rammed my elbow into whatever [body part] was nearest behind me. And he tried to lock me up. I was taken to the lieutenant's office.

One of the other dykes on the compound, who was a good friend, saw me. I said, "John Wayne just grabbed my breasts." She brought two others and they all stood outside the lieutenant's office, which is off-limits, and said, "We demand that this be taken seriously." And so they didn't lock me up . . .We then grieved it . . . And we lost. They said he had acted professionally. But the lieutenant . . . took two of us aside and said, "We want you to know that they're making John Wayne watch the training videos over and over again. And they didn't have him at the checkpoint where the most people go through."[10]

      Although the women's actions did not remove "John Wayne" from the prison, it did warn him that his behavior would no longer go unchecked and removed him from working in areas where he could do the most harm.

      Women have also organized collectively to limit male guards' access and abuse. In 1996, 500 women who had been sexually assaulted by guards while incarcerated in Michigan filed Neal v. MDOC. In July 2009, the suit was settled. Male guards were prohibited from entering areas in which women would be partially or fully undressed (i.e., sleeping, shower, and toilet areas). The settlement also provided for a $100 million settlement for the women who had been assaulted and payment of all legal fees.[11]

      Another issue that women have organized around is education. Access to education is particularly important given that women in prison come from the groups least likely to finish high school or attend college: women in poverty, disproportionately African-American and Latina.[12]

      In 1973, Michigan was one of several states that provided basic education programs in male but not female prisons.[13] In 1977, women imprisoned in Michigan's Huron Valley State Prison filed Glover v. Johnson, a class-action suit claiming that prison officials violated incarcerated women's rights under the Equal Protection Clause of the Fourteenth Amendment by denying them access to the vocational and educational programs that were available to their male counterparts. When asked what prompted her to file the suit, lead plaintiff Mary Glover stated, "I wanted to go to college." Both she and her husband had been sentenced to prison. Her husband had the opportunity to enroll in both college and vocational programming. Glover, who was sent to the women's prison, did not.[14]

      In 1979, the court ruled in their favor and ordered the state to establish a general education program for women that was the equivalent to the one offered to men.[15]

      The court also ordered that the prison offer a course on legal skills to the women "because skilled women inmates are needed to provide access to the courts." In the court's opinion, although the prison law library met constitutional standards, women still lacked the access to the courts guaranteed by the Fourteenth Amendment's due process clause. Male prisoners had a tradition of jailhouse lawyering and thus had developed expertise in utilizing legal resources, but "the women do not have a history of self-help in the legal field; the evidence tends to show that until recently they have had little access to adequate resources."[16] Some of these women, including Mary Glover, took these courses and then went on to file other suits against MDOC (including Neal v. MDOC).

      Women have also organized to defend their access to educational programs. In 1972, radical feminists formed the Santa Cruz Women's Prison Project (SCWPP), the first program to ever offer university courses in a women's prison. In contrast to the prison's existing vocational programs, such as hairdressing, sewing, and office work, the SCWPP offered courses that challenged students to analyze the social issues affecting their lives, such as Women and the Law, Drug Use in U.S. Culture, and an Ethnic Studies course which focused on the historical and sociological perspective on women of color in the United States.[17]

      The project also connected women inside with current events and foreign political struggles. After learning about the experiences of women in Vietnam, women at CIW wrote letters of solidarity to women political prisoners in Vietnam. The letters were not only delivered to the women imprisoned in South Vietnam but also published as a pamphlet entitled From Women in Prison Here to Women of Vietnam: We Are Sisters.

      In 1972, when one of the SCWPP founders was temporarily banned from the prison and the program suspended, students organized a work strike and a sit-in before the warden's office.[18] When the project was barred again in 1973, the students circulated petitions, held work strikes, and met with the administration to protest the project's removal.

      During one of the periods in which the project was banned, a woman who had been at the prison for years observed:

I witnessed something I would have believed [three years ago] was impossible. We had an [illegal] meeting where Black and White were united, under one common cause. There were women there who in the past would never have spoken to each other but here they were standing together, agreeing, touching shoulders. The tone of the meeting was not loud or wild. It was a confident approach to bringing back the workshops. It is something we all want. It was beautiful. We elected a six-woman committee to speak for the group. We are not afraid.[19]

The opportunity to critically examine issues affecting their lives and to challenge prevailing stereotypes built bridges between prisoners who had previously believed they had nothing in common. And, when this opportunity was threatened, these women already had the groundwork to set aside their differences and unite to pressure the prison to reinstate the program.

      Even today, access to education has a tremendous impact on women behind bars, many of whom enter prison with low self-esteem, self-worth, and self confidence after years of physical and/or sexual abuse.[20] Marcia Bunney, incarcerated in California, recounted, "Difficult experiences at school during my childhood and adolescence had left me with memories of loathing conventional education and everything connected with it." The abuse that she had suffered in previous relationships had implanted the idea that she was not smart enough to attend college: "I was skeptical of the idea of returning to school, certain that college was beyond my ability, ready to give up before I had given myself a chance to start."[21]

      However, without the continual discouragement of abusive lovers and with the encouragement of her fellow prisoners and her prison work supervisor, Bunney overcame her doubts and fears about education, earning an associates degree. That was not her only lesson: "Beyond the specific components of the curriculum, I learned many valuable lessons, the greatest of which was that I was capable. After a lifetime of seeing myself as a failure and as inferior, this represented a complete reversal, one that admittedly required effort to accept and absorb."[22]

      How is education linked to resistance? Women with more education are often sought by their peers. Broomhall observed that less literate women rely on others to write their requests to staff members. "They are simply incapable of clear expression," she noted.[23] Dawn, a woman incarcerated in Texas, concurred: "Frequently, I will hear women ask someone to help them write a grievance." She also noted that when a woman writes a grievance about a condition affecting all or most of the women on her unit, others will copy her complaint. "They believe that there is some right or wrong way to fill these [grievance forms] out and that somehow they are not qualified to write on this 'official form,'" she noted. "It's very daunting to some of them."[24]

      Education has also led women to challenge systemic abuses: both the writing skills and the self-confidence that Marcia Bunney gained during her college classes led her to learn to use the prison grievance system to dispute prison injustices. Prison officials transferred her to the Central California Women's Facility where she took advantage of her job as a library assistant and taught herself law. She joined the National Lawyers' Guild, becoming one of five prisoner representatives of the National Steering Committee of the Guild's Prison Law Project. She also initiated contact with an attorney known to be interested in litigating to change prison conditions: "Soon I was organizing the active acquisition of information to support claims of systematically inferior medical care, including the names and particulars of prisoners willing to come forward to be interviewed." In addition, Bunney began educating herself about civil litigation, again drawing on the skills she learned through her college classes: "My strong composition skills were an asset, and I grew adept at drafting clear, concise declarations as a means of documenting the serious medical problems of many women, including several who proceeded to file individual actions for damage."[25]

      During the 1970s, outside activists and organizers recognized that the injustices occurring on the inside were exaggerated mirrors of those on the outside and often worked in solidarity with people in prison to challenge and change prison conditions. Today, although many on the left are alarmed about the trend of mass incarceration, few are making the personal connections with people inside resisting and organizing. Why aren't we connecting the struggles for social justice outside with those on the inside?

      Incarcerated women and their advocates have suggestions on how activists and organizers on the outside can support their resistance behind bars:
  • Make contact with women in prison. As a woman incarcerated in Florida put it, "Visits, phone calls, and letter writing are essential. Only with a firm foundation, a strong foundation, can we together be able to build a greater movement."
  • Speak out or write about prison issues, especially when they intersect with issues that are considered "non-prison" issues.
  • Raise awareness in other creative ways. Activists infuriated by Marcia Powell's death have been placing "Free Marcia Powell" signs in well-trafficked areas, spreading the word not only about her death but also systemic prison atrocities.
  • Send literature and news from the outside.
  • Participate in support organizations that include the participation and leadership of currently and/or formerly incarcerated women.
  • Peer education groups need up-to-date information on health issues and treatments! They also need outside people who are willing to provide services not available (but much needed) within the prison.
  • For those connected to universities or other educational institutions: look into setting up a women's studies course or other program within a women's prison that helps articulate and challenge the dominant ways of thinking and the power structure. 

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1. Nicole Hahn Rafter, Partial Justice: Women, Prisons and Social Control, 2nd ed. (New Brunswick: Transaction Publishers, 1990), 17-18.
2. The New York Times, "Women Inmates Battle Guards in North Carolina," June 17, 1975, 18.
3. Laura Whitehorn, "Women on the Margins: Incarceration and Resistance in the Current Era." Left Forum, Pace University, April 19, 2009.
4. Megan Boehnke, "Three Perryville Inmates Set Mattresses on Fire in Goodyear," Arizona Republic, June 7, 2009.
5. In an open letter to the director of the Arizona Department of Corrections, Charles Ryan, Plews asked: "What has the department done to the women who set their mattresses on fire in organized protest? It is my understanding that they are in administrative segregation now (commonly referred to as being put into the hole), and may only receive legal assistance if charged in criminal court; they are on their own defending themselves in internal disciplinary proceedings, even though the outcome could seriously affect the kind and length of time they end up doing in the long run."
6. Arizona Department of Corrections, Chapter 700: Operational Security. Department Order 704: Inmate Regulations. 704.09: Temporary Holding Enclosures. (accessed July 7, 2009).
7. Peggy Plews, "Smoke Signals in the Desert," Prison Abolitionist, June 7, 2009 (accessed July 7, 2009).
8. Patricia Gagne, Battered Women's Justice: The Movement for Clemency and the Politics of Self-Defense (New York: Twayne Publishers, 1998), 185.
9. Gagne, 185.
10. Whitehorn. "Women on the Margins."
11. For more on the settlement, see here.
12. Michelle Fine, Kathy Boudin, Iris Bowen, Judith Clark, Donna Hylton, Migdalia Martinez, "Missy," Rosemarie Roberts, Pamela Smart, Maria Torre and Debora Upegui, Changing Minds: The Impact of College in a Maximum Security Prison, 2001.
13. R.R. Arditi, F. Goldberg, Hartle and Phelps, "The Sexual Segregation of American Prisons," Yale Law Journal 82 (1973): 1242.
14. Mary Glover, telephone interview with author, October 12, 2008.
15. Glover v Johnson, 478 F. Supp. 1075 (E.D.Mich. 1979).
16. Ibid.
17. Karlene Faith, "The Santa Cruz Women's Prison Project, 1972-1976," in Schooling in a "Total Institution": Critical Perspectives on Prison Education, ed. Howard S. Davidson. (Westport, CT: Bergin and Garvey, 1995), 177-8, 180-181.
18. SCWPP founder Karlene Faith had ended a letter to a prisoner with the word "Venceremos" (literally "we will conquer"), a colloquialism that many activists used to indicate overcoming all obstacles to freedom. However, the guard who read her letter assumed that Faith was connected with a group called "Venceremos," which had claimed credit for an escape from a neighboring men's prison. Faith -- and the program -- was allowed to return to the prison only after a thorough investigation of her background (Faith, "Women's Prison Project,"182-3).
19. Faith, "Women's Prison Project,"185. Faith does not go into detail about what had caused that particular break in the program or what the women had resolved to do in that instance.
20. Caroline Wolf Harlow, Prior Abuse Reported by Inmates and Probationers, special report for the U.S. Department of Justice, April 1999, 1.
21. Marcia Bunney, "One Life in Prison: Perception, Reflection and Empowerment," in Harsh Punishment: International Experiences of Women's Imprisonment, ed. Sandy Cook and Susanne Davies (Boston: Northeastern University Press, 1999), 24.
22. Ibid., 26.
23. Jerrye Broomhall, letter to author, January 30, 2008.
24. Dawn Reiser, letter to author, February 11, 2008.
25. Bunney, "One Life in Prison," 28-29.


Author Bio:
Victoria Law is a writer, photographer, and mother. She is a co-founder of Books Through Bars -- New York City, an organization that sends free radical literature and books to prisoners nationwide, and editor of the 'zine Tenacious: Writings from Women in Prison. Her latest book, Resistance Behind Bars: The Struggles of Incarcerated Women, is the result of 8 years of listening to, writing, and supporting incarcerated women nationwide.
http://newpolitics.mayfirst.org/fromthearchives?nid=174

Monday, February 8, 2010

Hard Time: Hep C in AZ Prisons - Liver Life Walk

 

Join The Prison Abolitionist, Arizona Prison Watch, Friends of Marcia Powell, and Hard Time's friends and family of prisoners with Hepatitis C for the Phoenix Liver Life Walk, benefiting the American Liver Foundation. Dogs Welcome! Registration info below. 


Contact prisonabolitionist@gmail.com for more info or to get an awesome "Hard Time Hep C..." t-shirt.
-------------- 

Raise awareness about the epidemic of hepatitis behind bars.
Walk with “Hard Time: Hep C in Arizona Prisons” friends and families.
Register on-line today with Julie Acklin’s team, “A Mother’s Cry” at the Liver Foundation: http://www.liverfoundation.org/chapters/arizona/events/588/

 Liver Life Walk Phoenix

Spend your Saturday morning with family and friends while supporting the American Liver Foundation's eighth annual dog friendly & fundraising Liver Life Walk. Sponsored by Mayo Clinic.
March 20th, 2010 (8:30 a.m. - 11:30 a.m.)

Hosted by American Liver Foundation
Steele Indian School Park
- Directions

300 E. Indian School Road
Phoenix, AZ 85012

Registration begins: 8:30 a.m.
5K/1K Walk starts: 9:30 a.m.
Festivities: 8:30 – 11:30 a.m.


Walkers, recruited through corporations, the medical community, school groups and the general public will participate in this energizing event!

Held annually, the Liver Life Walk Phoenix will be the American Liver Foundation – Desert Southwest Division's eighth dog friendly walk. With food, entertainment, and prizes, this 5k/1k walk promises to be a great time for all ages. Walkers can visit the Family Expo to gather information from family & dog oriented companies. Individual and team walkers are encouraged to attend. The Liver Life Walk is a fundraising event and donations are encouraged.

Sponsored by Mayo Clinic



Raise awareness about the epidemic of hepatitis behind bars.
Walk with “Hard Time: Hep C in Arizona Prisons” friends and families.
Register on-line today with Julie Acklin’s team, “A Mother’s Cry” at the Liver Foundation: http://www.liverfoundation.org/chapters/arizona/events/588/

Scott Watch: Mississippi – State of Grace?



This in from the Scott Sisters Campaign today:
-------------------
2/8 Addendum -- Mrs. Rasco reports that the building Jamie is in has had no heat or hot water all weekend! Still no word of if/when she will be taken to the hospital.
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Greetings all,

Please continue to call and write to support the Scott Sisters and particularly Jamie Scott during this period of medical emergency. Specifically this week we are asking that a special focus be placed on COMPASSIONATE RELEASE for Jamie Scott through the governor's office. As was reported on 2/5/10 the level of medical care that she is receiving in that prison is ATROCIOUS, she missed a dialysis treatment!, has a possibly infected and malfunctioning temporary catheter, and just prior to that went into shock due to malpractice on the part of the prison medical staff!

Jamie was told that she would be going back to the hospital for surgery to have a permanent shunt installed on Monday or Tuesday, but we don't know that this will occur or if it will even be appropriately used given the circumstances surrounding the failures of the prison to properly care for her to date. The family and legal supporters are pressing to get Jamie released based on her frighteningly declining health ever since her initial imprisonment!

Executive Paralegal with Advocate Associates, Sis. Shakeerah Abdul al-Sabuur, has filed for Compassionate Release for Jamie and we need to request that Gov. Haley Barbour act on that and immediately release JAMIE SCOTT, #19197, from CMCF. He is under a budget crisis, has stated that releasing inmates from the prisons are a possibility, and has released inmates in the past. Jamie Scott must get the medical care that she needs to survive OUTSIDE of those prison walls! The link to the paperwork that was submitted is at http://www.scribd.com/doc/26252282/COMPASSIONATE-RELEASE-FOR-JAMIE-SCOTT.

The other contacts are definitely still very important, particularly mainstream media, but we absolutely must make certain that the governor's office hears and reads from a whole lot of people to bolster the efforts of our legal advisers. PLEASE PASS THE WORD AND HELP TO LIGHT UP THAT OFFICE THIS WEEK!

Thank you so much, everyone!

---------------------
Governor Haley Barbour
P.O. Box 139
Jackson, Mississippi 39205
1-877-405-0733 or 601-359-3150
Fax: 601-359-3741
(If you reach VM leave msgs, faxes, and please send letters)

Imprisoned Patients: Appeal to Mississippi Kidney Foundation.

This is the slightly edited version of the letter I sent off to the Mississippi Kidney Foundation today, as well as to some media connections and other possible allies. It's been posted at Mississippi Prison Watch as well. 

I've been ill for awhile and may not be following up for a few days, and worry that everyone will just think someone else is acting on this - in which case no one will - so everyone needs to, and report what you've done to the Scott Sisters' campaign. Please use this post and email copies of this letter wherever else you can think of that these concerns need to be raised. Just click on the email icon at the bottom. 
 ---------------------------------------------------------------

Margaret Jean Plews
Prison Abolitionist
Arizona Prison Watch
1809 East Willetta St.
Phoenix, AZ 85006
480-580-6807

February 7, 2010

Gail G. Sweat, Executive Director
Lynda Richards, Director of Patient Services
Mississippi Kidney Foundation
3000 Old Canton, Suite 110
Jackson, MS 39216
PO Box 55802
Jackson, MS 39296

Dear Gail and Lynda,

I wasn't sure who best to address this to, but didn't want it getting lost in the void, so I'm sending it to you both if I can find your emails, and via snail mail. This is a fairly complicated story, so if it's new to you, hold on. I’m also passing it on to a few other folks, in hopes they might have some ideas or be able to offer support. I really hope that once we figure out exactly what’s going on with care for kidney patients in the Mississippi Department of Corrections (which is contracting medical services to Wexford) Professor Capron in particular will help facilitate some kind of critical analysis and dialogue about the ethical issues involved in treating kidney patients who are prisoners – this is not an issue unique to Mississippi. That’s just where Mrs. Rasco’s daughter happens to be dying right now.

I don't know if anyone has already contacted you about Jamie Scott or issues with dialysis care for Mississippi state prisoners in general yet. I don't know my way around your state: your politics, charities, media, etc., and have already stepped on a few toes. I'm a prisoner rights activist in Arizona (from Michigan, actually) with a few websites critiquing the prison industrial complex, and I hear from prisoners and families in trouble all the time, including the Scotts, asking for help by amplifying their voices and reaching out to others. The Scott family has been working on getting these women exonerated for awhile, but now there's a crisis with one of the sisters going into renal failure. They really need your help. 

I'm concerned that the difficulty the family is having getting a response on Jamie's care is partly because it's not clear they or Jamie really know what her diagnosis or prognosis is. I think they're all so terribly traumatized, and now desperately afraid that they'll lose Jamie after working so hard for long on her freedom. But they need to be able to articulate what's going on medically in order to know what kind of treatment to ask for, or who to turn to for help.

As is so often the fashion when others control our health care, poor women (especially of color) are the last to know about our medical conditions and treatment options, and we pay the highest price for it. I'm worried that Jamie's criminalized, marginalized status already places her at considerable risk; not many people value the humanity or gifts of a woman doing double-life in a Mississippi state prison. Add to that her race, poverty, family's limited resources; some would say she's lucky to get dialysis at all.

We need to get someone in there who can both educate Jamie and her family about kidney disease, what appropriate care is (which for all I know she’s actually receiving, depending on her diagnosis and prognosis), and how she can assert her rights as a patient while still a prisoner, as well as someone who can help get the resources needed into the MDOC to provide the rest of these women with appropriate medical care. I'm an antagonist, an outside instigator, an organizer - this family needs you, not me, fighting for them on the local level. I’ve probably already pissed a few people off. 

Besides, I’m also fairly ill myself right now, and don’t know that I can see this family through.

This also isn't about crime and punishment or “prisoner rights” so much as it’s about who we decide is deserving and undeserving of resources we’ve decided to ration in this world – resources that could be made more plentiful - and therefore whom is allowed to suffer, and for whom is such suffering “unconstitutional”. I know that’s pretty loaded, but I don’t know how you can possibly avoid addressing that in your business, anyway. It seems like a conversation that the larger community should be having together, with the Scott Sisters and their mom participating. Especially now, with state services for the poor being hit so hard across the country.

If you can somehow manage to lead the community in an outreach to that prison – refusing to take no for an answer when you knock on the door - and help connect the women in there with the same kind of educational, medical and peer support that free women might be able to access, you could make an impact on women’s health care in jails and prisons that I could never equal in all my years of community activism. It will improve their likelihood of survival while in prison, their success transitioning back to the community once released from prison, and their sense of human connection if it turns out that they are going to be dying in prison. At least then, perhaps, their last days will be witnessed, and even if they have no family left to grieve them, someone can speak to their struggle and courage. That matters a great deal to people; most of us take it for granted, though.

You are in a unique position to command the attention and respect of people who will just otherwise ignore this family and let Jamie suffer and die. I'm not suggesting that you charge in with any accusations - just please find out from the Scotts' what's up, try to find out what health care access is really like for women there, and step back and assess the situation with the MDOC and Wexford(chronically ill patients who could be maintained for years are a drag on profits, if allowed to linger.) 

 I suspect diabetes is a major issue for many men and women in prison alike. I have a number of links to research and documents about prisoner health care on my websites (prison Abolitionist and Arizona Prison Watch). Whatever you think you can do yourselves, please see who else there might be natural allies for those women fighting for better health care, and speak publicly to the issue of the treatment of prisoners with kidney disease. I don’t know who else will speak for their health care rights; I’m afraid no one even notices them there. Many more may step up if you do, first, however.

You would be able to articulate the consequences of Jamie not receiving proper care, in a way unlike prisoner activists - most of whom don't know what it feels like to be toxic and dying. You could gauge better than I could whether or not withholding certain medical options might constitute cruel and unusual punishment; you don’t have to be an attorney to question that – the Supreme Court says the definition changes as society morally evolves. I hope we’ve all come at least this far by now. If Jamie will authorize the prison/medical services provider to discuss her diagnosis, prognosis, and course of planned treatment with you with her, then you would know whether or not she’s been offered treatment that’s consistent with community standards of care. Most importantly, perhaps, if Jamie and her family are at least well-informed, then perhaps they do not need to be quite so afraid. There is already so much for them to be afraid of.

At the very least these women should be fully informed about their illness, treatment options, and rights – not reminded of how expendable and of little value their lives are. They matter to the people who love them, and to those whose lives they’ve touched in positive ways. We have much to be thankful for, out here, to the good souls in prison for life who help others make it through intact, and not on a track right back there. It may well be that Jamie's crisis is the catalyst that gets so much needed focus on the critically and terminally ill in prison; without her voice, countless others may suffer in invisibility. And her example of survival and resistance is an inspiration to other women living and dying there, too.

There’s more history on this at  Mississippi Prison Watch– the latest post announcing my intent to contact you is in email format below. I received the accompanying note from Jamie Scott's mother, though, and wanted you to see it - to hear the urgency in her voice as she's trying to save her daughter's life. I need to make a personal connection with someone there, to know whether or not you’ll step up on this as an advocate for Jamie and the other women there in terms of their right to access health care. The whole issue of whether or not the state would allow a prisoner to donate a kidney to another prisoner troubles me. Especially while both prisoners still have wrongful conviction cases hanging out there - that seems like taking the chance of executing the innocent.

Please drop us a line and let us know if you can do anything to help on this matter (Call me if you need to if I don’t respond to email; I may not make it back to my computer in the next few days.). You don’t need to comment on their convictions or sentences – no one should be made to suffer needlessly or subjected to substandard medical care when subject to the total custody and control of the state. That's not a medical or legal judgment - it's a moral one. It takes mainstream Americans to say that for anyone to listen, however – not left-wing radicals like me.

Thanks for your time and consideration.

Sincerely,

Peggy Plews
480-580-6807

cc: Professor Alexander Capron, National Kidney Foundation
     American Association of Kidney Patients
     National Kidney Disease Education program
     Mississippi ACLU
     (and several Mississippi and national media outlets)
 
“The degree of civilization in a society can be judged by entering its prisons.”
- Fyodor Dostoyevsky (1821-1881)

Thursday, February 4, 2010

AZ Legs: Robin Hood Was Right.

Thursday's (02/04) House Study Committee on Sentencing is cancelled (UFN). 

The legislature is still in special session and expects to pass more bad ideas, like the sales tax special ballot initiative. 

Why do we let these people convince us that there are no other options than the ones they make visible? When will we finally get up the nerve to tax the rich around here? The legislature's next brilliant step is going to be to give them even more tax cuts, all the while tightening our belts.. 

Haven't we been screwed enough this way before?

Tuesday, February 2, 2010

RFP Out for Privatizing State Prisons. Just Say No.

State steps toward private operation of Douglas prison

Sierra Vista Herald

PHOENIX — The state wants to know whether private companies are interested in running state prisons in Douglas and Safford.

A “request for information” from private prison companies was issued Monday in response to House Bill 2010, approved last year as part of the state budget.


We will know before the end of February whether there is any interest by private companies in operating these two prisons,” Corrections Director Charles L. Ryan said. “We will await the responses and conduct an evaluation before proceeding.”

The Legislature’s Joint Committee on Capital Review narrowed the scope of the “request for information” to exclude prison complexes with maximum-security and close-custody beds. The Safford and Douglas prisons are the only two complexes that fall into that scope, Ryan said. They house only minimum- and medium-security inmates.

Responses from companies are due Feb. 23.

Prisoner and Family Allies Needed: House Sentencing Committee


Thanks to my friends and families for the heads up on this, which is coming up this Thursday...mail or your testimony for the committee in this week, or come sign up and talk to them. I can't imagine it would be that difficult if we're there early enough.
-------------------

Thursday, February 4, at 2:00p.m.
(after the adjournment of Floor)


Interim agendas can be obtained via the Internet at 

ARIZONA HOUSE OF REPRESENTATIVES


INTERIM MEETING NOTICE

OPEN TO THE PUBLIC


HOUSE STUDY COMMITTEE ON SENTENCING

Date:              Thursday, February 4, 2010

Time:             2:00 P.M. or on recess or adjournment of
  Second Regular and Sixth Special Sessions

Place:                        HHR 5

AGENDA

1.
Call to Order

2.
Opening Remarks

3.
Testimony on Sentencing:
·       Jerry Madden, Texas State Representative; Vice-Chair, House Corrections Committee; Member, House Judiciary and Civil Jurisprudence Committee
·         Dana Hlavac, Deputy County Manager, Mohave County Criminal Justice Services
·         Robert Hirsh, Pima County Public Defender
·         James Logan, Director of Public Defense Services, Maricopa County
·         Misty McFadden, President, Arizona Prison Wives Club
·         John Huppenthal, Arizona State Senator, District 2

4.
Public Testimony

5.
Discussion

6.
Adjourn



Members:
Representative Cecil Ash, Chair

Representative Doris Goodale

Representative Laurin Hendrix

Representative Bill Konopnicki

Representative Kyrsten Sinema

Representative Anna Tovar


2/1/10
jmb

People with disabilities may request reasonable accommodations such as interpreters, alternative formats, or assistance with physical accessibility.  If you require accommodations, please contact the Chief Clerk's Office at (602) 926-3032, TDD (602) 926-3241.

 Maureen Williams
Assistant to Representative
   Cecil Ash, District 18
       602-926-3695

Monday, February 1, 2010

They never raise taxes on the rich.

This is pretty disastrous. Rich people in this state are not only hoarding their money (or investing it in prisons), they're trying to take more of ours.

This is Governor Brewer's website: interesting info is posted there right now.

Here is her address to the legislature earlier this month.


She called the legislature together again for another special session today on the budget: 
http://www.azgovernor.gov/dms/upload/PR_020110_SpecialSessionCallFor020110.pdf.


Here's a clip from the AZ Republic about it:
----------------
Brewer calls 6th special session to deal with budget

by Mary Jo Pitzl - Feb. 1, 2010 01:15 PM
The session begins Monday afternoon.

At the top of the agenda is Brewer's long-standing call for lawmakers to refer a temporary sales-tax increase to the ballot, this time for a May 18 election.

If approved, money generated from the tax could be used to shore up the fiscal 2011 budget.

Brewer included other items to address the ongoing $1.4 billion deficit in this year's budget, which is halfway through the fiscal year. They include:

•  Another delay in monthly payments to the state's schools, from K-12 to community colleges to universities.

•  Another sale of state buildings to investors. The state would lease back the buildings.

•  Borrowing against state lottery proceeds, and adjustments to the lottery program, such as eliminating payments to specific lottery beneficiaries and keeping the money in the state general fund.

•  Taxing the income earned in Arizona of people who live outside the state.

This is the sixth special session of the current Legislature, and is the fourth time Brewer has called a special session to get lawmakers to refer the sales-tax hike...

Prescott Valley Prison Resistance

Now these folks put up some good resistance...but every town is different.
---------------
Prescott Valley prison proposal all but dead By Ken Hedler, The Daily Courier Thursday, January 28, 2010
PRESCOTT VALLEY - The Town Council majority has taken a stance to oppose a private prison in the community without taking a formal vote on the matter...
http://www.dcourier.com/main.asp?SectionID=1&SubSectionID=1&ArticleID=77150
 ------------------
 
Colleagues, public react to Skoog announcement
By KEN HEDLER 
The Daily Courier – Prescott Valley
January 27, 2010
PRESCOTT VALLEY - A private prison supporter and two members of the Town Council declined to comment on Mayor Harvey Skoog's announcement that he opposes locating a prison in Prescott Valley
 --------------------
Daily Courier - Prescott Valley
By Heidi Dahms-Foster
Wednesday, January 27, 2010 PRESCOTT VALLEY - Mayor Harvey Skoog said Wednesday night that he is going on the record as opposing a proposed 5,000-bed prison in "urban Prescott Valley." Skoog said he wants to see jobs in the area, however, and would support the prison in another sparsely populated county area... http://www.dcourier.com/main.asp?SectionID=1&subsectionID=1&articleID=77143  
-----------------
Prison price tag: $300 million  By Ken Hedler The Daily Courier 
Report itemizes jobs, economic impact, construction costs 
Tuesday, January 26, 2010
PRESCOTT VALLEY - A proposed private prison with 5,000 beds will be an economic boon by creating thousands of jobs during construction and operations and generating tax revenues, according to a Scottsdale-based economist...

Does Wickenburg have what CCA wants?

Does CCA have what the children of Wickenburg want? You know that if they can't find a job there, at least they could go live there...the lobbyists these people bring with them will make sure that there's no lack of criminals and  victims in Arizona, if we let them build this anywhere. 


We should be resisting new prisons everywhere. Before we build more we need to find out who we've already got locked up and why (I don't really trust the ADC records...they didn't even know Marcia had a guardian and family). Surely we don't need to be imprisoning this many people. Maybe we can let loose a few dying and wheelchair-bound prisoners, and if a few key prosecutors would reopen some cases and exonerate the innocent, we could free up a few more beds...

Then we need to do something about sentencing - we are far too brutal on people in some parts of this state...Russ Pearce wants us all to be like that. As for me - I want us all to be more safe and well.

I keep forgetting that there's a serious lack of courage in this state - among people in power that is. They're afraid of the terminally ill, drug addicted grandmothers, and women who write bad checks. Oh - and those people who keep dying in the desert trying to reach their families or make a better life  - they're a real scary bunch...


I have to say, I would not to raise my family in a town where mass incarceration was not only the norm, but a desired goal. Folks going down that road just seem to lack vision - they don't have enough creativity or faith in their people to believe that they will have no future if they don't build a prison.  

That's pretty sad. Surely something more beautiful can be built that will attract people who want to be there instead of import human beings who are chained and caged there.



--------------------------


Wickenburg Sun
January 27, 2010
Janet DelTufo, Assistant Editor

A proposed privately run prison project in Forepaugh remains a possibility, although talks between town officials and the prison operator have been quiet in recent weeks…
http://www.wickenburgsun.com/articles/2010/01/27/news/news01.txt

CCA courting Winslow, too.


January 27th, 2010
By Sam Conner

    Four representatives of the Corrections Corporation of America (CCA) came to Winslow last week to learn about the community, and to meet with city officials, representatives of schools, hospitals and local business persons. A group of approximately 20 citizens held an informal meeting with the CCA representatives on Jan. 19 at the Hubbell Building/Chamber of Commerce...


CCA Georgia: One Community's legacy...


By Stephen Gurr

POSTED  Jan. 24, 2010 1:13 a.m.   

Civil liberty and prisoner rights advocates say immigration detention facilities like the one run by a private company in midtown Gainesville are operated at a level of secrecy and lack of accountability that has led to preventable deaths...


Saturday, January 30, 2010

Scottt Watch: Jamie back in Hospital

I'm not sure how the prison can withhold her hospital location from Mrs. Rasco, or what action the campaign would like us to take on it. If anyone out there has a connection with the kidney foundation, an organ donation group, a politically active women's health clinic or rights organization, a disability rights group - anything like that in Mississippi (we need the locals) - we need some community organizations with an appropriate stake in these issues to begin making concerned inquiries of their state legislators, requesting some immediate relief for Jamie that includes her family in the treatment planning process and allows Gladys to donate a kidney, if that's necessary. I think right now we may still just be the usual suspects.

The men's medical care is bad too, but if we focus most closely on women's health care in the Mississippi prisons - including getting documentation about rights' violations and grievances from other prisoners - we may be able to help get more voices lobbying for Jamie's health care from different places in the Mississippi community  by expanding our characterization of her identity. 

That is, while Jamie is a wrongfully-convicted victim of the state at risk of dying in prison before her innocence can be proven, she is also a mother (we could use help from groups that advocate for moms in prison, even though her son is an adult now),  a black woman (whose health care is notoriously substandard), a poor woman needing medical care (is it her poverty, her sentence, her specific illness, or standard MDOC policy that is preventing her from getting the proper treatment?), as a critically ill adult child (parents' groups of disabled children may be helpful), as a woman with a major mood disorder (Alliance for the Mentally Ill may help advocate), as a woman with a disability (disabled rights activists in Mississippi would be able to see quickly that the value of Jamie's life to society has been diminished not just by her criminalization, but also by virtue of her disabilities - they don't like it when disabled people are cut out of the health care rations, and get left to die when life-saving measures are still available). 

That Jamie appears to have advanced kidney disease is significant - the Kidney Foundation should be interested to hear that she can't get her special diet, and that her sister offered her a kidney and that the prison won't allow the transplant...so many people suffer and die waiting for transplants, I don't see how the prison could make that a blanket policy. It should at least be seriously explored. Would they prohibit Gladys from making a donation to a non-prisoner? Would they permit the transplant if costs could be mitigated in some way? 

Someone who knows more about these details needs to contact the kidney foundation and organ transplant groups in Mississippi and ask them to make a formal inquiry into prison policies and what treatment options kidney patients and people needing transplants in prison do and don't have available to them. They can probably make a legal and moral case which may be more compelling than what we can come up with. help the DOC figure out other resources for treating these patients.

------------
Nancy Lockhart (January 30 at 5:18pm)
 
Mrs. Evelyn Rasco has confirmed through a sergeant and nurse at the prison that Jamie was rushed to the hospital due to a decline in her condition earlier today. The prison will not confirm anything further, whatsoever, not even whether Jamie is still alive or where specifically she has been taken (the hospitals will not confirm whether Jamie is a patient at any of them either).

We had received a report a few days ago that Jamie should have been  returned to the Medical Bldg. at the prison due to severe weakness and difficulty carrying out her activities of daily living, however this did NOT happen.

Jamie Scott should have remained hospitalized long ago due to her kidney failure and other health issues that are impacted by such a serious development!! The prison has played games with Jamie's life long enough and should have never moved her back from the hospital to begin with!

We need to know Jamie Scott's condition and what is happening to her. She must not, once again, be returned to the prison to continue to deteriorate, her medical care must be taken out of the prison's hands!

Updates will follow as soon as they are available! Please keep checking in as much as you are able!

----------
BACKGROUND INFO AT: http://www.freethescottsisters.blogspot.com

Pregnant and Shackled: Hard Labor for Arizona's Immigrants

By Valeria Fernandez, New America Media
Posted on January 28, 2010, Printed on January 30, 2010
http://www.alternet.org/story/145428/

PHOENIX, Ariz.-- Miriam Mendiola-Martinez, an undocumented immigrant charged with using someone else’s identity to work, gave birth to a boy on Dec. 21 at Maricopa Medical Center. After her C-section, she was shackled for two days to her hospital bed. She was not allowed to nurse her baby. And when guards walked her out of the hospital in shackles, she had no idea what officials had done with her child.

Like Mendiola-Martinez, pregnant inmates in Maricopa County Jail are routinely denied bond because they are undocumented immigrants. That means they can’t get out of jail for their childbirth, even if they are awaiting trial for a minor offense.

In some cases, undocumented immigrants are shackled as they are transported to the jail-contracted hospital, and shackled during and after childbirth.

Hospital authorities don't control this practice and medical personnel involved in these cases declined to be interviewed.

All hospitalized inmates are treated in the same manner as Mendiola-Martinez, according to Lt. Brain Lee, a spokesperson for the Maricopa County Sheriff’s Office. He said she had a “soft restraint” attached on one leg to her bed to prevent escape.

That soft restraint was a 12-foot-long chain.

“I could barely walk, I don’t think I could have escaped or even dared to run. I don’t think there was a need for them to do that,” said 34-year-old Mendiola-Martinez.

She says she was shackled during the two last months of her pregnancy too. Every time she had a pre-natal appointment, she waited in a small un-ventilated room with 20 other women. She had to sit in the floor. The chains were heavy and hurt her waist. Mendiola-Martinez often wept. She feared that her sadness could hurt the baby.

Unequal Justice

Mendiola’s story would have been different if she hadn’t been undocumented. She would have been released on bond before her baby was born because she had committed a non-violent crime, according to David Black, a criminal defense attorney who took her case pro-bono.

But in November 2006, Arizona voters approved a law that denies undocumented immigrants the right to post bail. Proposition 100 was authored by Rep. Russell Pearce, R-Mesa, as a way to keep undocumented immigrants who had been charged with “serious crimes” from being released.

The Arizona legislature included among those accusations minor offenses like possession of false documents, which undocumented immigrants frequently use to obtain employment.

The law, which is unique in the nation, is being challenged in the U.S. District Court of Arizona by the American Civil Liberties Union (ACLU) on the basis that it violates the Constitution by unjustly denying a select group of people a fair hearing. The lawsuit, however, doesn’t include the cases of pregnant women.

“I think Prop. 100 puts migrant women at a disadvantage and treats them unfairly,” said Bob McWhirter, a senior attorney with the Maricopa Legal Defender’s office.

About 1,500 pregnant women come through the Maricopa County Estrella jail every year. In 2009, 35 of them gave birth while in custody, according to Maricopa Medical Center records. More than 70 percent of the women detained in Maricopa County jails are accused of non-violent crimes and haven’t been sentenced yet. About 11 percent of them are undocumented immigrants. Health and county authorities say they don’t keep records on the immigration status or ethnicity of the women who give birth.

In October 2008, a federal judge ruled that conditions at the Maricopa County Jail, overseen by Maricopa County Sheriff Joe Arpaio, were unconstitutional and jeopardized the health and safety of the prisoners. The judge ordered jail officials to ensure that detainees received proper medical care, medicine and food that complied with federal standards. That same year, the National Commission on Correctional Health Care said the county’s jails did not comply with federal standards due to their failure to submit reports on jail conditions.

More Shackling Cases

Although Mendiola-Martinez’s story is not unique, it is difficult to track how many other women have shared her experience because most of them have been deported. Yet other detainees attest to the poor treatment of pregnant immigrants inside the county jails.

In October 2008, Alma Chacón, an undocumented immigrant arrested during a traffic stop for having outstanding unpaid tickets, delivered her baby in a “forensic restraint,” according to hospital records. Chacón said detention officers shackled her hands and legs during childbirth. She couldn’t nurse or hold her baby until she was released from immigration custody almost 70 days later.

Chacón’s case caught the attention of the federal Department of Justice, which is currently conducting a civil rights investigation into Sheriff Joe Arpaio’s office.

The sheriff’s office says it doesn’t have a policy regarding the shackling of pregnant women. Spokesperson Aaron Douglas said they had no intention of changing the practice. But when questioned directly by New America Media about these cases, Arpaio said that everything was done “legally.” Yet, he added, he may consider reviewing the practice.

Still, critics point out that pregnant inmates who have been sentenced to state prison are treated better than inmates who are awaiting their sentencing in Maricopa County jails.

The Arizona Department of Corrections, which oversees state prison inmates, initiated a policy in 2003 that states: “A pregnant women will not be restrained in any manner while in labor, while giving birth, or during the postpartum recovery period.”

In 2008, the Federal Bureau of Prisons barred the shackling of pregnant inmates in federal prisons except when it was necessary for security concerns. U.S. Immigration and Customs Enforcement (ICE) doesn’t have a specific policy prohibiting their use. But advocates at the Rebecca Project, which is part of a national anti-shackling coalition, said they are in conversation with ICE to put regulations in place.

The practice of shackling women during childbirth is frowned upon by the American College of Obstetricians and Gynecologists. They say that shackling women during labor, delivery and post-partum is dangerous to a woman’s health and that of her unborn child.

Maricopa County is not unique in the practice of shackling pregnant women. Only six states in the nation have laws regulating the use of restraints on pregnant inmates: California, Illinois, New Mexico, New York, Texas and Vermont.

Advocates are hoping to include Arizona on the list.

Voces por la Vida, a pro-life group in Phoenix directed by Rosie Villegas-Smith, is leading the charge for anti-shackling legislation.

“Undocumented women are the most vulnerable here because they don’t have a right to be released on bond,” she said.

Villegas-Smith says Arizona lawmakers are endangering the health of women and children in the name of fighting illegal immigration.

“I think a distinction has to be made and some humanity brought into Maricopa County laws, to allow [undocumented] nursing mothers and pregnant women to have their children outside of detention,” said Delia Salvatierra, Mendiola’s immigration attorney.

When contacted by New America Media, Rep. Martha Garcia, D-Phoenix, said she would try to introduce a bill to ban the use of shackling.

“My main concern is that women are traumatized by being shackled and what this does to their babies, too,” said the legislator, who is involved in the public health outreach program Healthy Mothers, Healthy Babies.

“It makes me really angry that this is happening in the state of Arizona, because I believe the treatment of immigrants is worse here than anywhere else,” Garcia added.

The issue will be hard to push in the Arizona state legislature. Over the last five years, conservative Republicans have supported a series of anti-immigrant laws, aimed at creating a hostile environment in the state to push migrants out.

The most recently enacted law, House Bill 2008, requires state employees to report immigrants who apply for public benefits to ICE. The law, sponsored by Republican leadership as part of a special session budget package, is causing pregnant immigrant women to be afraid of requesting free pre-natal services and health care.

Humanitarian Release

On Dec. 24, the date of her sentencing, Mendiola-Martinez was brought into the courtroom in a wheel chair, her hands and legs shackled.

“It was never my intention to hurt the victim. Please forgive me and let me go back to my children,” she told the judge. She was sentenced to time served and two years of probation. ICE didn’t take her into custody after her release from jail for “humanitarian reasons,” according to Vincent Piccard, a spokesperson for that agency.

Mendiola-Martinez was able to hold her baby again on Christmas Day. She takes joy in being with him and smiles when she watches him sleep. Secretly, though, she searches his face for any sign that her depression in jail might have had a negative effect on him while he was in her womb. Her children are U.S. citizens, but her future in the country where she’s lived for the past 15 years is still uncertain.

“I wish they would change things,” she said of current immigration laws. “Because when they do this to us, they do it to our children.”

© 2010 New America Media All rights reserved.
View this story online at: http://www.alternet.org/story/145428/

Wednesday, January 27, 2010

National Criminal Justice Commission Act of 2009

update from friends at the NCCJR National Coalition for Criminal Justice Reform:

--------------

January 21, 2010


The bi-partisan National Criminal Justice Commission Act of 2009 (S. 714) was passed out of the Senate Committee on the Judiciary today by voice vote. The legislation, sponsored by Sen. Jim Webb (D-Va.) would create a commission to conduct a thorough evaluation of the nation's justice system and offer recommendations for reform at every stage of the criminal justice system.

The establishment of such a commission could not come at a more critical time. With 2.3 million people in prisons and jails, the United States has the highest incarceration rate in the world. Federal and state governments spend more than $50 billion each year on corrections, and the population behind bars continues to grow.

A new approach to crime prevention is necessary and the time for reform is upon us. The commission created by this legislation would establish an organized and proactive approach to studying and advancing programs and policies that promote public safety, while overhauling those practices that are found to be fundamentally flawed.
Sentencing Project's letter of endorsement

Farewell Comrade Zinn: A Voice No Government Can Suppress.


Howard Zinn is the only history teacher I ever had who made sense, and it wasn't school where I found him. It was in the bookshelf of the man I fell in love with many years ago. Tim was something of a radical, and prided himself on his literacy about radical political thought. Much of my library was started by him, with folks like Zinn and Chomsky. 

Zinn was a soldier-turned-war resister, and an elder of our civil rights movement. Bearing eloquent witness to the struggles of radicals and revolutionaries for decades, he used his voice as a channel by which to amplify those voices engaged in resistance everywhere. In so doing, he fought tirelessly for human liberation - including the freedom of our political prisoners. As he unpacks the history of the great social movements of western civilization - and against western civilization - he resurrected extraordinary leaders and agitators, like suffragist Alice Paul, abolitionist Daniel Walker, and the journalist who kept the Red Record on lynchings in the Jim Crow South, Ida B. Wells. 

His trademark, though, is the tribute he pays to the ordinary citizen - the ordinary human being - as being the force for social change, and his insistence that we exercise our power collectively to reshape our political and socioeconomic landscapes. He has a knack for finding obscure stories about uprisings and rebellions - and heroic acts of everyday resistance to capitalist exploitation and American hegemony - and for retelling our history, as seen through the eyes of the oppressed, not the oppressors.


Zinn was such a visionary, and despite his astute analysis of the multitude of ways in which our world is troubled, he always seemed to manage to maintain hope that if we keep at it, then someday the good guys will win.  I think that's because he has always been on the front lines, not just publishing or lecturing about social movements, but remaining fully engaged in our collective social and spiritual evolution. We are blessed for the work he did, and the many tools he left behind for the rest of us to use.  Here, by the way, is one of them - a site made from his work for parents and school teachers: The Zinn Education Project.


Tune into Democracy Now to catch Zinn's comrades Noam Chomsky, Alice Walker, Naomi Klein, and Anthony Arnove reflecting on his life and work. Here is typical Zinn, from the intro to the "Voices of a People's History of the United States..."

This is a voice I will miss... 


"I can UNDERSTAND pessimism, but I don’t BELIEVE in it. It’s not simply a matter of faith, but of historical EVIDENCE. Not overwhelming evidence, just enough to give HOPE, because for hope we don’t need certainty, only POSSIBILITY."

- Historian, Human Rights Activist Howard Zinn (1922-2010)



--------------------

By Howard Zinn 

When I decided, in the late 1970s, to write A People's History of the United States, I had been teaching history for twenty years. Half of that time I was involved in the civil rights movement in the South, when I was teaching at Spelman College, a black women's college in Atlanta, Georgia. And then there were ten years of activity against the war in Vietnam. Those experiences were not a recipe for neutrality in the teaching and writing of history.

But my partisanship was undoubtedly shaped even earlier by my upbringing in a family of working-class immigrants in New York, by my three years as a shipyard worker, starting at the age of eighteen, and then by my experience as an Air Force bombardier in World War II, flying out of England and bombing targets in various parts of Europe, including the Atlantic coast of France.

After the war I went to college under the GI Bill of Rights. That was a piece of wartime legislation that enabled millions of veterans to go to college without paying any tuition, and so allowed the sons of working-class families who ordinarily would never be able to afford it to get a college education. I received my doctorate in history at Columbia University, but my own experience made me aware that the history I learned in the university omitted crucial elements in the history of the country.

From the start of my teaching and writing, I had no illusions about "objectivity," if that meant avoiding a point of view. I knew that a historian (or a journalist, or anyone telling a story) was forced to choose, from an infinite number of facts, what to present, what to omit. And that decision inevitably would reflect, whether consciously or not, the interests of the historian.

There is an insistence, among certain educators and politicians in the United States, that students must learn facts. I am reminded of the character in Charles Dickens's book Hard Times, Gradgrind, who admonishes a younger teacher: "Now, what I want is, Facts. Teach these boys and girls nothing but Facts. Facts alone are wanted in life."

But there is no such thing as a pure fact, innocent of interpretation. Behind every fact presented to the world -- by a teacher, a writer, anyone -- is a judgment. The judgment that has been made is that this fact is important, and that other facts are not important and so they are omitted from the presentation.

There were themes of profound importance to me that I found missing in the orthodox histories that dominated American culture. The consequence of these omissions has been not simply to give a distorted view of the past but, more importantly, to mislead us all about the present.

For instance, there is the issue of class. The dominant culture in the United States -- in education, among politicians, in the media -- pretends that we live in a classless society with one common interest. The Preamble to the United States Constitution, which declares that "we the people" wrote this document, is a great deception. The Constitution was written in 1787 by fifty-five rich white men -- slave owners, bondholders, merchants -- who established a strong central government that would serve their class interests.

That use of government for class purposes, to serve the needs of the wealthy and powerful, has continued throughout American history, down to the present day. It is disguised by language that suggests all of us, rich and poor and middle class, have a common interest.

Thus, the state of the nation is described in universal terms. When the president declares happily that "our economy is sound," he will not acknowledge that it is not sound for forty or fifty million people who are struggling to survive, although it may be moderately sound for many in the middle class, and extremely sound for the richest 1% of the nation who own 40% of the nation's wealth.

Class interest has always been obscured behind an all-encompassing veil called "the national interest."

My own war experience, and the history of all those military interventions in which the United States was engaged, made me skeptical when I heard people in high political office invoke "the national interest" or "national security" to justify their policies. It was with such justifications that Harry Truman initiated a "police action" in Korea that killed several million people, that Lyndon Johnson and Richard Nixon carried out a war in Southeast Asia in which perhaps three million people died, that Ronald Reagan invaded Grenada, that the elder Bush attacked Panama and then Iraq, and that Bill Clinton bombed Iraq again and again.

The claim made in spring of 2003 by the new Bush that invading and bombing Iraq was in the national interest was particularly absurd, and could only be accepted by people in the United States because of a blanket of lies spread across the country by the government and the major organs of public information -- lies about "weapons of mass destruction," lies about Iraq's connections with Al Qaeda.

When I decided to write A People's History of the United States, I decided I wanted to tell the story of the nation's wars not through the eyes of the generals and the political leaders but from the viewpoints of the working-class youngsters who became GIs, or the parents or wives who received the black-bordered telegrams.

I wanted to tell the story of the nation's wars from the viewpoint of the enemy: the viewpoint of the Mexicans who were invaded in the Mexican War, the Cubans whose country was taken over by the United States in 1898, the Filipinos who suffered a devastating aggressive war at the beginning of the twentieth century, with perhaps 600,000 people dead as a result of the determination of the U.S. government to conquer the Philippines.

What struck me as I began to study history, and what I wanted to convey in my own writing of history, was how nationalist fervor -- inculcated from childhood by pledges of allegiance, national anthems, waving flags, and militaristic rhetoric -- permeated the educational systems of all countries, including our own.
I wondered how the foreign policies of the United States would look if we wiped out the national boundaries of the world, at least in our minds, and thought of children everywhere as our own. Then we could never drop an atomic bomb on Hiroshima, or napalm on Vietnam, or cluster bombs on Afghanistan or Iraq, because wars, especially in our time, are always wars against children.

The Spoken Word as a Political Act

When I began to write "people's history," I was influenced by my own experience, living in a black community in the South with my family, teaching at a black women's college, and becoming involved in the movement against racial segregation. I became aware of how badly twisted was the teaching and writing of history by its submersion of nonwhite people. Yes, Native Americans were there in the history, but quickly gone. Black people were visible as slaves, then supposedly free, but invisible. It was a white man's history.

From elementary school to graduate school, I was given no suggestion that the landing of Christopher Columbus in the New World initiated a genocide in which the indigenous population of Hispaniola was annihilated. Or that this was the first stage of what was presented as a benign expansion of the new nation, but which involved the violent expulsion of Native Americans, accompanied by unspeakable atrocities, from every square mile of the continent, until there was nothing to do but herd them into reservations.

Every American schoolchild learns about the Boston Massacre, which preceded the Revolutionary War against England. Five colonists were killed by British troops in 1770. But how many schoolchildren learned about the massacre of six hundred men, women, and children of the Pequot tribe in New England in 1637?

Or the massacre, in the midst of the Civil War, of hundreds of Native American families at Sand Creek, Colorado, by U.S. soldiers?

Nowhere in my history education did I learn about the massacres of black people that took place again and again, amid the silence of a national government pledged by the Constitution to protect equal rights for all. For instance, in 1917 there occurred in East St. Louis one of the many "race riots" that took place in what our white-oriented history books called the "Progressive Era." White workers, angered by an influx of black workers, killed perhaps two hundred people, provoking an angry article by the African-American writer W. E. B. Du Bois, "The Massacre of East St. Louis," and causing the performing artist Josephine Baker to say: "The very idea of America makes me shake and tremble and gives me nightmares."

I wanted, in writing people's history, to awaken a great consciousness of class conflict, racial injustice, sexual inequality, and national arrogance.

But I also wanted to bring into the light the hidden resistance of the people against the power of the establishment: the refusal of Native Americans to simply die and disappear; the rebellion of black people in the anti-slavery movement and in the more recent movement against racial segregation; the strikes carried out by working people to improve their lives.


When I began work, five years ago, on what would become a companion volume to my People's History, Voices of a People's History of the United States, I wanted the voices of struggle, mostly absent in our history books, to be given the place they deserve. I wanted labor history, which has been the battleground, decade after decade, century after century, of an ongoing fight for human dignity, to come to the fore. And I wanted my readers to experience how at key moments in our history some of the bravest and most effective political acts were the sounds of the human voice itself.

When John Brown proclaimed at his trial that his insurrection was "not wrong, but right," when Fannie Lou Hamer testified in 1964 about the dangers to blacks who tried to register to vote, when during the first Gulf War, in 1991, Alex Molnar defied the president on behalf of his son and of all of us, their words influenced and inspired so many people. They were not just words but actions.



To omit or to minimize these voices of resistance is to create the idea that power only rests with those who have the guns, who possess the wealth, who own the newspapers and the television stations. I want to point out that people who seem to have no power, whether working people, people of color, or women -- once they organize and protest and create movements -- have a voice no government can suppress.

America's Missing Voices

Readers of my book A People's History of the United States almost always point to the wealth of quoted material in it -- the words of fugitive slaves, Native Americans, farmers and factory workers, dissenters and dissidents of all kinds. These readers are struck, I must reluctantly admit, more by the words of the people I quote than by my own running commentary on the history of the nation.

I can't say I blame them. Any historian would have difficulty matching the eloquence of the Native American leader Powhatan, pleading with the white settler in the year 1607: "Why will you take by force what you may have quietly by love?"

Or the black scientist Benjamin Banneker, writing to Thomas Jefferson: "I apprehend you will readily embrace every opportunity, to eradicate that train of absurd and false ideas and opinions which so generally prevails with respect to us, and that your Sentiments are concurrent with mine, which are that one universal Father hath given being to us all, and that he hath not only made us all of one flesh, but that he hath also without partiality afforded us all the Same Sensations and [endowed] us all with the same faculties."

Or Sarah Grimké, a white Southern woman and abolitionist, writing: "I ask no favors for my sex. . . . All I ask of our brethren, is that they will take their feet from off our necks, and permit us to stand upright on that ground which God designed us to occupy."

Or Henry David Thoreau, protesting the Mexican War, writing on civil disobedience: "A common and natural result of an undue respect for law is, that you may see a file of soldiers, colonel, captain, corporal, privates, powder-monkeys, and all, marching in admirable order over hill and dale to the wars, against their wills, ay, against their common sense and consciences, which makes it very steep marching indeed, and produces a palpitation of the heart."

Or Jermain Wesley Loguen, escaped slave, speaking in Syracuse on the Fugitive Slave Law of 1850: "I received my freedom from Heaven and with it came the command to defend my title to it. . . . I don't respect this law -- I don't fear it -- I won't obey it! It outlaws me, and I outlaw it."

Or the populist orator Mary Elizabeth Lease of Kansas: "Wall Street owns the country. It is no longer a government of the people, by the people, and for the people, but a government of Wall Street, by Wall Street, and for Wall Street."

Or Emma Goldman, speaking to the jury at her trial for opposing World War I: "Verily poor as we are in democracy, how can we give of it to the world? . . . [A] democracy conceived in the military servitude of the masses, in their economic enslavement, and nurtured in their tears and blood, is not democracy at all."

Or Mississippi sharecropper Fannie Lou Hamer, testifying in 1964 about the dangers to blacks who tried to register to vote: "[T]he plantation owner came, and said, 'Fannie Lou. . . . If you don't go down and withdraw your registration, you will have to leave . . . because we are not ready for that in Mississippi.' And I addressed him and told him and said, 'I didn't try to register for you. I tried to register for myself.'"

Or the young black people in McComb, Mississippi, who, learning of a classmate killed in Vietnam, distributed a leaflet: "No Mississippi Negroes should be fighting in Vietnam for the White Man's freedom, until all the Negro People are free in Mississippi."

Or the poet Adrienne Rich, writing in the 1970s: "I know of no woman -- virgin, mother, lesbian, married, celibate -- whether she earns her keep as a housewife, a cocktail waitress, or a scanner of brain waves -- for whom the body is not a fundamental problem: its clouded meanings, its fertility, its desire, its so-called frigidity, its bloody speech, its silences, its changes and mutilations, its rapes and ripenings."

Or Alex Molnar, whose twenty-one-year-old son was a Marine in the Persian Gulf, writing an angry letter to the first President Bush: "Where were you, Mr. President, when Iraq was killing its own people with poison gas? . . . I intend to support my son and his fellow soldiers by doing everything I can to oppose any offensive American military action in the Persian Gulf."

Or Orlando and Phyllis Rodriguez, opposing the idea of retaliation after their son was killed in the Twin Towers: "Our son Greg is among the many missing from the World Trade Center attack. Since we first heard the news, we have shared moments of grief, comfort, hope, despair, fond memories with his wife, the two families, our friends and neighbors, his loving colleagues at Cantor Fitzgerald/ESpeed, and all the grieving families that daily meet at the Pierre Hotel. We see our hurt and anger reflected among everybody we meet. We cannot pay attention to the daily flow of news about this disaster. But we read enough of the news to sense that our government is heading in the direction of violent revenge, with the prospect of sons, daughters, parents, friends in distant lands dying, suffering, and nursing further grievances against us. It is not the way to go. It will not avenge our son's death. Not in our son's name."



What is common to all these voices is that they have mostly been shut out of the orthodox histories, the major media, the standard textbooks, the controlled culture. The result of having our history dominated by presidents and generals and other "important" people is to create a passive citizenry, not knowing its own powers, always waiting for some savior on high -- God or the next president -- to bring peace and justice.
History, looked at under the surface, in the streets and on the farms, in GI barracks and trailer camps, in factories and offices, tells a different story. Whenever injustices have been remedied, wars halted, women and blacks and Native Americans given their due, it has been because "unimportant" people spoke up, organized, protested, and brought democracy alive.


Howard Zinn is the author with Anthony Arnove of the just published Voices of a People's History of the United States (Seven Stories Press) and of the international best-selling A People's History of the United States. This piece is adapted from the introduction to the new Voices volume.

Copyright C2004 Howard Zinn
By permission of Seven Stories Press
This piece first appeared at Tomdispatch.com.

Suspected prisoner homicide: Eyman's SMU

Wow. This kid was sixteen when he was sent up for murder. It actually looks like he was prosecuted for two murders, and got two 20-year consecutive sentences.



Sixteen. That's troubling. We need to get to these kids a lot sooner than that.



I'm concerned that with the closing of the state department of juvenile corrections, the counties will elect to try older children as adults more often, simply to get the state prison to pay for their incarceration from the adult funds, rather than have to come up with more programming and appropriate residential options for juveniles at the local level.



-----------------------
ARIZONA DEPARTMENT OF CORRECTIONS
JANICE K. BREWER GOVERNOR
1601 W. JEFFERSON PHOENIX, ARIZONA 85007 (602) 542-3133
CHARLES L. RYAN DIRECTOR
NEWS RELEASE For Immediate Release
For more information contact:

 Barrett Marson                                                                                  Bill Lamoreaux
www.bmarson@azcorrections.gov                                                     www.blamorea@azcorrections.gov


January 26, 2010
Inmate Death Notification

Florence, Ariz. - Inmate Alexandru Usurelu, 22, ADC #181716 was found unresponsive in his housing unit at ASPC-Eyman’s Special Management Unit. Usurelu was pronounced dead by the emergency medical responders just after 8 p.m. Monday from an apparent homicide.

Usurelu was admitted to ADC on Dec. 4, 2003, after a conviction for 2nd degree murder from Maricopa County. He was sentenced to prison for 40 years.

Usurelu was housed in a two-man cell and his cellmate is a suspect. The investigation is ongoing and being conducted by the department's Criminal Investigations Unit.
----------------

Here's another 22-year old dead. Same day, different prison. Not clearly homicide - but not suspected suicide.
-------------

January 26, 2010
Inmate Death Notification


Tucson, Ariz. – Inmate Ulises Rodriguez, 22, ADC #240623 was found unresponsive in his two-man cell at ASPC-Tucson’s Cimarron Unit. Rodriguez was pronounced dead by the emergency medical responders just after 8 a.m. Monday.

Rodriguez was admitted to ADC on Dec. 22, 2009, after a conviction for discharging a firearm at a structure.

He was sentenced to prison for 10 and a half years.

The suspicious death is under investigation by the department’s Criminal Investigations Unit.
###

Damage Done: the Prison Litigation Reform Act.

This we must change this session of Congress, with Webb's Commission on Criminal Justice Reform.

---------------------------------

I. Summary

Because a prisoner ordinarily is divested of the privilege to vote, the right to file a court action might be said to be his remaining most fundamental political right, because preservative of all rights. —United States Supreme Court, McCarthy v. Madigan, 503 U.S. 140, 153 (1992).
This amendment will help put an end to the inmate litigation fun-and-games. —Senator Robert Dole, during Senate debate on an early version of the Prison Litigation Reform Act, September 29, 1995.
What was a sentence for a white collar crime that should have ended many years ago will never end. I got a life sentence. —Keith DeBlasio, December 8, 2008. DeBlasio was raped while incarcerated in a federal prison and contracted HIV as a result.
Carved in stone over the entrance to the United States Supreme Court are the words “equal justice under law.” And for more than 140 years, the US Constitution has guaranteed to all persons the “equal protection of the laws.”[1] But for those in prisons, jails, and juvenile facilities in the United States, the promise of equal justice is illusory. The Prison Litigation Reform Act (PLRA), passed by Congress in 1996, denies equal access to the courts to the more than 2.3 million incarcerated persons in the United States. 

The PLRA subjects lawsuits brought by prisoners in the federal courts to a host of burdens and restrictions that apply to no other persons. As a result of these restrictions, prisoners seeking the protection of the courts against unhealthy or dangerous conditions of confinement, or those seeking a remedy for injuries inflicted by prison staff and others, have had their cases thrown out of court. These restrictions apply not only to persons who have been convicted of crime, but also to pretrial detainees who have not yet been tried and are presumed innocent. Human Rights Watch is not aware of any other country in which national legislation singles out prisoners for a unique set of barriers to vindicating their legal rights in court.[2]

The PLRA’s restrictions include:

The exhaustion of remedies requirement. Before a prisoner may file a lawsuit in court, he must first take his complaints through all levels of the prison’s or jail’s grievance system, complying with all deadlines and other procedural rules of that system.[3] If the prisoner fails to comply with all technical requirements, or misses a filing deadline that may be as short as a few days, his right to sue may be lost forever.

The physical injury requirement. A prisoner may not recover compensation for “mental or emotional injury” unless she makes a “prior showing of physical injury.”[4] Under this provision, prisoners who have been subjected to sexual assault and other intentional abuse by prison staff have been denied a remedy. Indeed, because of this provision, many of the abuses that took place in Iraq’s Abu Ghraib prison would not have been compensable if they had occurred in a US prison or jail.

Application to children. The provisions of the PLRA apply not only to adult prisoners, but also to children confined in prisons, jails, and juvenile detention facilities.[5] The exhaustion requirement has proven to be an especially formidable barrier to justice for incarcerated children, particularly in light of court rulings that efforts to exhaust on their behalf by parents or other adults do not satisfy the PLRA.

Restrictions on court oversight of prison conditions. The PLRA restricts the power of federal courts to make and enforce orders limiting overcrowding or otherwise remedying unlawful conditions in prisons and jails.[6]
Limitations on attorney fees. If a prisoner files a lawsuit and wins, establishing that her rights have been violated, the PLRA limits the amount her attorneys can be paid.[7]

The PLRA’s sponsors argued that the law was necessary to deal with “frivolous” lawsuits brought by prisoners. Some prisoners, like some non-prisoners, do file frivolous suits, and the PLRA includes the reasonable requirement that prisoner cases be subject to a preliminary screening process and be immediately dismissed if they are frivolous or malicious, or if they fail to state a claim on which relief can be granted.[8] But the cases described in this report show that other provisions of the PLRA have resulted in dismissal of claims involving serious physical injury, sexual assault, and intentional abuse by prison staff—claims that no reasonable person would characterize as frivolous.

Unlike many other democracies, the United States has no independent national agency that monitors conditions in prisons, jails, and juvenile facilities and enforces minimal standards of health, safety, and humane treatment. Perhaps for this reason, oversight and reform of conditions in these institutions has fallen primarily to the federal courts. Beginning in the 1970s, lawsuits brought by prisoners led to improved medical care, sanitation, and protection from assault. While significant problems remained, by the time the PLRA was passed in 1996, US prison conditions had been transformed in just a few short decades.

The effect of the PLRA on prisoners’ access to the courts was swift. Between 1995 and 1997, federal civil rights filings by prisoners fell 33 percent, despite the fact that the number of incarcerated persons had grown by 10 percent in the same period. By 2001 prisoner filings were down 43 percent from their 1995 level, despite a 23 percent increase in the incarcerated population. By 2006 the number of prisoner lawsuits filed per thousand prisoners had fallen 60 percent since 1995.

If the effect of the PLRA were to selectively discourage the filing of frivolous or meritless lawsuits, as its sponsors predicted, then we would expect to find prisoners winning a larger percentage of their lawsuits after the law’s enactment than they did before. But the most comprehensive study to date shows just the opposite: since passage of the PLRA, prisoners not only are filing fewer lawsuits, but also are succeeding in a smaller proportion of the cases they do file. This strongly suggests that rather than filtering out meritless lawsuits, the PLRA has simply tilted the playing field against prisoners across the board. The author of a comprehensive study on the impact of the act concludes that “the PLRA’s new decision standards have imposed new and very high hurdles so that even constitutionally meritorious cases are often thrown out of court.”

Jeanne Woodford, the former warden of San Quentin State Prison and former director of the California Department of Corrections, told Human Rights Watch that she believes the PLRA has endangered the progress that has been made in prison administration:

I do think the PLRA does need to be reformed. I think that there’s prison experts around the country who would agree with that.... I’m told that many people in [the American Correctional Association] believe that as well. That they’re starting to see abuses.... A lot of the corrections professionals were telling me that they had concerns that a lot of the steps forward they’d made in Texas were reverting because of the PLRA. And I can see that happening in California too.[9]
Drawing on interviews with former corrections officials, prisoners denied remedies for abuse, and criminal justice experts, this report examines three provisions of the PLRA—the exhaustion requirement, the physical injury requirement, and the law’s application to children—and their effect on prisoners’ access to justice.
Thirteen years after the passage of the PLRA, it has become apparent that Congress went too far. Congress must act now to amend the PLRA, to restore the rule of law to US prisons, jails, and juvenile facilities, and ensure that “equal protection of the laws” is not an empty promise.[10]

National CJ Commission Act of 2009

from the folks at the Sentencing Project:
--------------

Senate Committee Passes National Criminal Justice Commission Act of 2009
 
January 21, 2010

 The bi-partisan National Criminal Justice Commission Act of 2009 (S. 714) was passed out of the Senate Committee on the Judiciary today by voice vote. The legislation, sponsored by Sen. Jim Webb (D-Va.) would create a commission to conduct a thorough evaluation of the nation's justice system and offer recommendations for reform at every stage of the criminal justice system.

The establishment of such a commission could not come at a more critical time. With 2.3 million people in prisons and jails, the United States has the highest incarceration rate in the world. Federal and state governments spend more than $50 billion each year on corrections, and the population behind bars continues to grow.

A new approach to crime prevention is necessary and the time for reform is upon us. The commission created by this legislation would establish an organized and proactive approach to studying and advancing programs and policies that promote public safety, while overhauling those practices that are found to be fundamentally flawed.

read the sentencing project's letter of endorsement
read about the NCJCA

Tuesday, January 26, 2010

Jamie Scott, Prisoner Abuse, Self-defense.

Things are not looking any better for Jamie, folks. I've been working all morning on this and still have more links to embed for you, but here's a start. Please read and think and act today.


Mississippi's prison health care services are privatized. Here's a little info about the company that contracts with Mississippi to provide their prisoner health care, Wexford Health Sources, Inc. (that’s the link to their rap sheet with the guys at Private Corrections Working Group; there are more news links at the bottom about New Mexico's investigation. Just Google Wexford if you want their propaganda). 

That's who's doing the day to day care. The Mississippi Department of Corrections is no doubt in on it, of course - they monitor the contract, and I'm sure they set the limits for what they'll pay them for - which bring this back to the Governor's office and the legislature, really. Dealing with the people at the level of the prison administration – even the medical administrator - seems to be a waste of time.  

Now, I'm no lawyer – I’ve been going to school for nearly 2 decades and still haven’t been able to finish my BS in Justice Studies, so keep that in mind. But I've been reading up on some of this stuff that's been coming to my attention lately, and I think I should at least pass what I do know – or think I know – along. We’re not going to get better care for anyone unless the state knows we're well-armed and that Jamie's complaints can't get tossed out right off the bat for her failing to "exhaust administrative remedies" (thank Bob Dole and Bill Clinton for championing the Prison Litigation Reform Act, which is routinely used to deny relief or protection to victims of institutional abuse in correctional settings on technicalities. Signed in 1996, it gutted federal protection of prisoner rights and legal recourse. We need to tear that thing up and start over.)

The Mississippi Department of Corrections, of course, knows full well that Jamie needs to be grieving every single thing in writing, if she isn't already - or there will never be recourse if they continue to harm her. They probably won't be advising her to take that route; here’s their administrative remedy policy. She then needs to get copies of that documentation out of the prison on a regular basis, because prisons are notorious for searching litigants' cells and destroying whatever possible evidence they may have against them (I'm sure Mississippi is already covering themselves on this one). As far as I know, no prison employees have ever been prosecuted for destroying evidence (which usually includes prisoner as well as state property) that might be used against their institution - though you know what would happen to any of us if we tried to destroy evidence the state had against us in a civil or criminal case...

I wonder how much of this has to do with the “duly convicted” being constitutionally designated as slaves of the state? The 13th Amendment really did leave us with some problems.

Don't ask how someone as sick as she is should be expected to know all the hoops she has to get through to get help, and then leap through each one. I don’t think the law takes that into account. Or the fact that some states – like Arizona – go to extremes to make it hard for prisoners to access the resources necessary to represent themselves or even just assert their civil rights. You have to know the law and grievance procedures from the start, because the steps involved have time frames for filing and responding to grievances (I guess that’s to protect the right of the state and their employees to a timely settlement of such issues – though we never seem to get timely settlements). Judges seem to love to tell prisoners that ignorance is no excuse.

As far as I can tell there's no assurance that you'll be protected from retaliation if you do pursue grievances - there will likely be retaliation of some kind. But this is how prisoners - women prisoners, in particular - have managed to change the conditions of their incarceration - they grieve everything and take it to court.

It should not just be Jamie grieving her care - all the other women who have suffered harm as a result of the same shoddy standards need to grieve too. En masse – but make sure it’s the best of the best cases you put forward if you’re showing a pattern of civil rights violations (that’s necessary to prove a Civil Rights for Institutionalized Persons Act violation. Personally, I think the potential claims under the Americans with Disabilities Act need to be explored more. By an attorney, not me.)

If/when it gets to court, the first thing that the judges will look at is whether or not the prisoner (not the prison) followed proper procedures to seek relief before getting there. It just isn't fair to the poor prison administrators if prisoners they've harmed don't have to overcome extraordinary hurdles to even get their case heard in the courts. For some women that’s meant filing a grievance about sexual harassment by guards while the officers their complaint is about continue to have access and exert influence over their lives through the course of the “investigation.” It’s very easy to hurt a prisoner and get away with it. Women are set up to be assaulted by other inmates just as readily as men are.

In many cases the prisoner is also threatened with being prosecuted for filing frivolous complaints or false charges if their perpetrator ends up being cleared of everything. I don’t know how often most DAs take that approach with women who aren’t imprisoned who report that they’ve been victimized, or if that tactic is just reserved for prisoners who accuse the people with the authority of state violence and the keys to their chains of being the criminals.

In any case, there’s a tremendous disincentive for prisoners to report rape, assault, or other abuse or neglect. They will not necessarily be protected from their assailants once they make their accusation, and there are so few people in the system whose primary interest or responsibility is prisoner welfare – everyone works for the state, to serve the interests of the state. It is in the best interests of the state to cover up the more atrocious examples of corruption and abuse, as well as to minimize public shock over the dehumanizing nature of standard operating procedures for prisons. But it is in the best interests of the people (that’s us) to know what’s going on in those places – throughout the criminal justice system, really – and to be empowered to change it.

There are some good links in this article about Wexford's adventures in New Mexico prisons, where they eventually lost the contract to do business and got sued. Similar stories seem to follow them around the country. Scott family and friends might want to see what more you can find out about this company's history in Mississippi. Are there any lawsuits by prisoners pending there? You’ll need to dig deeper than Google – dig into the state’s court websites. How long have they been around? Check out what folks in the Mississippi Prison Talk community have to say about the health services. Are there patterns of neglect surfacing there? What about grievances that have been filed at the prison or throughout the system?

I’ll put more thoughts on strategy for the Scott Sisters’ family and friends into a separate private message. In general, though, the more supporting documentation you have that is accessible and organized now, the more likely it will be we can get an investigative journalist in and help you get legal assistance as this unfolds. First the fight to save her life, and the lives of other Mississippi prisoners – this is injustice regardless of what Jamie’s convictions or sentence may be, though it’s clearly all about how little a lifer is worth to the rest of us. The justification for this kind of rationing is the same slippery slope that made it okay to conduct medical experiments on African Americans, on prisoners, insane asylum patients, soldiers, and the mentally impaired for so long: their lives just aren’t worth the lives of the members of the “public” (still considered to be white upper-middle-class America -many of whom, of course, are repeat offenders of some crime that have just never been caught).

Well, as a member of the American public (albeit the poorer class), I have to say that I don’t care much for Nazi science and “medicine” being practiced in America in my name, against my people, over my strenuous objections. Nor do I think will many other people, if this is brought up in the context of a conversation about the history of southern prisons, prisoners and the crimes of the medical profession in America.

Especially when it comes to black women. Scholars who have studied women’s resistance to slavery should also be shining some light on women resisting their criminalization and the conditions of incarceration or the terms of their punishment – women resisting violence.

That’s what Oprah should really be most interested in herself, if anyone can get her ear: her PR people are probably just thinking in terms of human interest stories and ratings, but Oprah herself would pick up on the broader ramifications of the Scott family’s fight - the ways in which racism today is so cloaked and insidious, and the depth of the injustice still done to so many as a result. The racism is systemic and multi-facetedgender, class, sexual identity/orientation, etc.) – we need to elevate it to the proper level right away, because most of the prison administrators (and probably most guards in the department) are people of color themselves who have been well-indoctrinated to support the state line and positioned to act as examples of how non-racist the state is. (intersecting with

Jamie's life has been determined by the state to not be worth certain medical and environmental interventions that would be standard if we were basing prisoner health care on community standards (for the poor, of course). But we don't use community standards for them anymore - we base prisoner health care on what is “constitutionally mandated” - which is about as bare bones as you can get. Prison doctors basically have to commit at the very least negligent homicide or intentionally mutilate you in the course of what constitutes more than just gross malpractice to prove that you didn't get a constitutionally-mandated level of medical care. And the damage done to you as a result of the neglect or abuse has to be permanent (or lasting, as of the time of the case).

That's what's so wrong with prison health care across the country - the laws have been changed at some point to lower standards because too many prisoners were winning lawsuits, prisons were having to clean up their acts and cut back on the rape and violence, and the states were facing hefty federal fines. Prisoners weren’t being “frivolous” with lawsuits any more so than non-prisoners – they were defending themselves against state violence and dehumanization, and finally getting justice done.

And most of us out here since the 80’s with a voice and a vote who should have known better let most of it get undone again because we weren’t paying attention.

We need to pay attention, now. And we'll have to get these laws changed again – which means hitting candidates now with questions specifically about the Prison Litigation Reform Act (good ACLU fact sheet for prisoners), the Prison Abuse Remedies Act, and – in Arizona – what we need to put into Marcia’s Law to protect our people from abuse and rip out the prison systems revolving door and meat-grinding machinery. That means a lot of folks here need to study-up. We need to be more literate than the Department of Corrections on our stuff – and have the empirical evidence in hand.

Can you imagine if it was that hard to prove negligence or malpractice in the community? If people could just so casually be left to die – all the while begging for help – because our medical providers have to determine whether or not our lives should be saved based on some formula applied to our crimes of our youth or addictions and the nature of our punishments, there would be a health care consumer revolt. Help me pin this down folks - do some research out there. This is what's happening in every state I'm coming across: dealing with just about any health care issue for prisoners the standard of care to research is "constitutionally-mandated".

I'll have more on this issue, because the same minimum standards of care for prisoners and mandate that one exhausts all administrative measures before seeking relief in the courts is a huge problem for prisoners in Arizona, of course. In the meantime, here's who we could end up with providing our prisoner health car too (the people who do Mississippi and once did New Mexico....), if they bid on our ADC medical care contract, too (everyone knows that our prison health care services are supposed to be privatized this year, too, right?).

By the way, in doing all this research I came across an interesting article on the last Medical Director for the Mississippi Department of Corrections. At some point along the way this woman would have made decisions to ration prisoner health care – maybe even signed off on cutting Jamie’s life short by excluding certain treatments from the prisoner “benefits” plan. I wonder if the fact she embezzled nearly $100,000 from the department has anything to do with the fact that they can’t “afford” to give Jamie – a woman accused of stealing $11 over 15 years ago - her medically-recommended diet even as her kidneys are failing. That woman is likely to get house arrest for her crimes. She’s arguing that prison would be cruel and unusual for her because she was in a position of authority over inmates.

It’s not a good thing for an abolitionist to say – I’m far from perfect, folks – but it sounds to me like a prison term for the former medical director of that place might actually, for once, bring a measure of justice to the institutions’ victims. I have to admit, I do want some of these people to pay more than restitution – I want a chunk ripped out of their lives, too. I want them to know what it’s like to be on the receiving end of their abuse…which is precisely the kind of mentality that landed us where we are today, with mass incarceration, and increasing numbers of young people being thrown away for life. I guess if the violent retaliation Americans call criminal justice isn’t changed by us, who will it be changed by? Do we really want to leave this multi-headed hydra as our generation’s legacy?

I don’t think so. At some point here, in the course of protecting our people and dismembering this beast, we need to figure out what we’ll do with the perpetrators of state violence if we ever get our hands on them. We need to make them examples of restorative justice, not more retribution. When we seek justice, we need to avoid dehumanizing and brutalizing others as they do, and instead use every opportunity to help people and communities heal and be kinder in the future. As for the ones with no conscience – the sociopaths and CEOs who would rape the world for their own greed or grisly pleasure – I’m still not sure what to do with them, but they don’t get an embrace and another chance to offend from me. We need to protect people from them – beginning with protecting our prisoners.

Here’s the latest bad news on Jamie and the State of Mississippi. Please do stop and drop Gladys a note, too, and let her know what you’re doing to help. It will mean a lot.

-------------------------------

Nancy Lockhart sent a message to the members of Free The Scott Sisters.

Subject: Urgent Update - Jamie Scott ~ By Sis Marpessa ~ ACTION IS NEEDED!

Jamie Scott is presently locked down in a cell in the infirmary on a hospital bed on the men's side of the prison.  She has had some of the toxins removed from her body through a temporary catheter, but she is still seriously ill and should be hospitalized! The prison has known that Jamie was sick for some time, yet her condition was allowed to manifest and deteriorate to this level and we do not trust them to provide her with sufficient medical care at all, their track record with Jamie is horrendous!

Jamie Scott was a healthy young woman in 1993 when she was snatched away from her family for no good reason and locked down in tortuous conditions for 15 yrs, now her condition is life-
threatening, must this horrific injustice now become a death sentence?!

Gladys Scott is extremely upset by all of this, as you can well imagine.  As reported earlier, she has offered one of her own kidneys for Jamie and was told that as a state prisoner she doesn't qualify.  With each passing day she is becoming more and more alarmed and could really use some cards/ letters from supporters:

Gladys Scott #19142
CMCF/B-Bldg.
P.O. Box 88550
Pearl, MS 39288-8550


Please continue to contact the governor's office, we cannot rest or believe that our efforts are in vain.  Call into talk radio, enter info on as many blogs, Ning groups, etc., as possible, we need to really make a very loud NOISE in order to be heard! We need all of your ideas and talents, thank you all!

JAMIE SCOTT, #19197, IS SUFFERING CRUEL AND INHUMAN PUNISHMENT!

BE DIRECT BUT PLEASE BE COURTEOUS

(same numbers/contacts as in previous posts)



 --------------

The Wexford Files

from the Santa Fe Reporter

By: 01/16/2008
Our ongoing investigation into prison health care in New Mexico.


Outtakes, March 21: "Let There Be Light"
Outtakes, Feb. 7: "Audit ABCs"
Outtakes, Jan. 10: "Under Correction"
Top 10 Stories of 2006, Dec. 20: "Prison Break"
Outtakes, Dec. 13: "Wexford Under Fire"
Outtakes, Nov. 29: "Backlash"
Outtakes, Nov. 22: "Unhealthy Diagnosis"
Outtakes, Nov. 8: "Prison Audit Ahead"
Outtakes, Oct. 25: "Medical Test"
Outtakes, Oct. 18: "Corrections Concerns"
Outtakes, Oct. 4: "Medical Waste"
Outtakes, Sept. 13: "Checkup"
Outtakes, Aug. 30: "Inmate Care Critics"
Outtakes, Aug. 23: "Unhealthy Proposal"
Cover story, Aug. 9: "Hard Cell?"

Monday, January 25, 2010

Manning BOP update: Confidential.

Here's the response I received just now from the Federal Bureau of Prisons. Don't even know if it was a real person who wrote it - no one signed it, but this is the only admin email address they give us. My guess is that we kick this up another level, but I'll post the next move from Jericho when I get it.

----------------

CUM/Exec Assistant~ CUM/Exec Assistant~ Mon, Jan 25, 2010 at 11:22 AM
To: Margaret Plews
Cc: MXRO/Exec.Assistant~.MXRADM1.MXRDOM1@bop.gov
Ms. Plews:
 
Good afternoon.  Please be advised inmate Manning, Thomas # 10373-016, medical concerns are being closely monitored and evaluated.  Mr. Manning has been made aware of his current condition, and has been informed of the treatment plan to be implemented by our Health Services Staff at FCI Cumberland.  Due to privacy rules, we are precluded from sharing any specific information regarding Mr. Manning's medical condition or any treatment plans in place.  If you require any additional information you may file a Freedom of Information Act request at the below address.  Thanks.
 
 
Freedom of Information Act/Privacy Act Section
Office of General Counsel, Room 841
Federal Bureau of Prisons
320 First Street, N.W.
Washington, D.C. 20534

Mississippi & Illinois Prison Watches Born.

Necessity has given birth to a new Illinois Prison Watch and Mississippi Prison Watch, thanks to our comrades at the Prison Reform Community Center. Anyone interested in administering and authoring for either site - or a prison watch in any other state - please join PRCC through their links and contact Rebecca or Annabelle about how you can help. here is all sorts of room for creative license. In the meantime, we'll just keep building them and adding new articles as they arise.

Nevada Prison Mail: Interview with Ikemba


For quite some time now, my friends involved in Nevada prisons have been corresponding with Marritte (pronounced "Merit"), whose SF BayView article we posted not long ago, and have helped set up a campaign to challenge his decades-old conviction, which he's never been able to afford adequate counsel on. He's otherwise in prison for life. The address to their campaign site is below, with the link to the first half of the interview with him. Since going into prison as a young man, Marritte has matured into an activist and organizer, and has been instrumental in getting attention focused on the poor quality of prisoner health care in Nevada - for which he has been retaliated against repeatedly.

Despite the risks, he remains committed to improving conditions for prisoners and continues to try to speak openly about Nevada state prisons. Once in awhile we don't hear from him as expected or something gets "lost" in the mail, and we naturally grow a little concerned. This is one of those times. Please visit his site and show some support.


---------------from the  Free Marritte Funches Campaign-----------------
 

Where is the mail? Tampering with mail

Monday, January 25, 2010

The Committee is awaiting the second part of the Interview with Marritte Funches, but after more than two weeks of waiting for this important piece of mail to arrive, we must conclude that it was never sent by the Ely State Prison mailroom. It was never returned to Marritte, so we have to conclude that it is being kept by those who keep Marritte in prison on false grounds.

Marritte´s mail has been tampered with before, and this is unfortunately again such a time. This proves that the prisoncrats do not like justice being sought, and truth to be exposed.

We will keep you updated on this.

The first part of the interview was published here:

http://freemarrittefunchescampaign.blogspot.com/2009/10/interview-with-marritte-funches_21.html

Sunday, January 24, 2010

Mississippi: Medical Neglect is a Violent Crime.


For anyone who's just dropped in: Whoever you are, wherever you're from, please stop for a moment. We're asking you for maybe five minutes of your time a few days a week for the next little while to help change a family's life. We aren't even asking for money - maybe a few stamps or long distance phone calls. Just be a fellow human being who cares about what happens to them, and about justice. There's evidence that these women were wrongly convicted, but regardless, I don't see how anyone can read anything other than racism into a double-life sentence for an $11 robbery in which no one was hurt. That's the penalty for claiming your innocence in America. The guys who really pulled it off got the deal. 

As for the State of Mississippi: you should consider yourselves on notice that medical neglect has already been found to constitute cruel and unusual punishment in the case of prisoners in America. The suffering and neglect that Jamie Scott is experiencing now should really be litigated not only as a civil rights matter, but as a criminal assault on her as well. I frankly think her family has standing to sue the state for their prolonged agony, too. How do you compensate a child for taking their mother away from them for so many years? Or a mother for taking her daughters? How will you compensate them if you let her die, and then she's exonerated? 

Who, exactly, is Mississippi contending that it needs to protect from these women, anyway? You're essentially threatening to execute a young woman who has a fairly convincing innocence claim out in the American public now. Her life is in your hands, and you say she's not even worth enough to feed a medically-recommended diet to. That sounds to me like a violation of the Americans With Disabilities Act. You don't want those people mad at you, too. They don't like being discounted and left to die invisibly in any kind of institutions.


We say Jamie's life is worth the special diet and more: her humanity is not what’s in question here: yours is. Medical neglect of this magnitude should constitute violent crime of the torture variety, and we doubt that Jamie is the only victim in your prisons. You are positioned kind of like an EMT standing over a woman whose life could be saved by the medicine you have in your hand, but you won't administer it because it's not on the formulary for the poor. One twisted rationale holds that it's cheaper to let them die in medical crisis than to treat them properly for chronic, expensive conditions.  Besides, what value is a life that's going to be spent in prison, anyway?


The relationships people have with each other in prison should never be underestimated; they will likely either help facilitate healing or cause more damage. There's been much documentation about the harm done people in prison when they have little human contact. There's also a whole lot on how prisoners have helped eachother. We are in no position to denigrate the relevance of one woman's existence, even if she is buried for life - double life - under a mountain of State secrets and hidden behind concrete walls. 

Prisoners often have only each other to turn to to help them survive what is an extraordinarily traumatic ordeal. Even if one isn't among the many who end up being physically or sexually assaulted in the care of the state, there is the constant dehumanization, humiliation, stress, and threat of state and interpersonal violence in prison. It is like surviving a war zone; people there are the casualties and collateral damage of our economy, and we put many who have already been victimized in with serious predators. We put them into prison instead of hospitals or safe housing, where many might otherwise be.  

Anyway, the contributions of lifers to others passing though their world can be of great value - I can think of a few people serving long sentences who have probably helped more than a handful of other prisoners leave prison more intact than they would be otherwise - which is a service to all of society.  Charisse Schumate is an example of just one woman who died in  prison saving the lives of fellow prisoners.


Of course, it would be much cheaper all the way around to send the Scott sisters home and let Jamie get community-based health care. Anyone who argues that they pose some kind of threat to society that justifies tens of thousands more dollars a year being spent on imprisoning them needs to take another look at who really endangers the American public: the real criminals all got bailouts last year, while the rest of us got laid off, driven into bankruptcy, and foreclosed on. 


We all know that Jamie would not be seeking what should be lifesaving treatment in a prison trailer clinic if her family was wealthy. Socioeconomic class is not supposed to be the measure of the value of a person's life, however - not by most religious or ethical standards; certainly not by Christian standards. Yet the State of Mississippi is able to imprison, bury and execute her (in that order) only because she is poor, and despite the lack of due process observed – due only upon receipt of payment, apparently - you consider her case to be closed and the sisters to be long since disposed of. 

This kind of punishment and execution was not part of Jamie's sentence, though. Those of you who are prison bureaucrats and medical professionals involved in the process of denying prisoners health care: be prepared to defend your actions against the people you've hurt, or stand with us and help us change the way your system routinely chews up poor people of every color (and no color at all) and calls it justice. 


Arizona does that too, of course. They all do. That's why we're rising everywhere in resistance when we see this kind of thing happening anywhere. We may not have a lot of say in states where we aren’t residents, but we’re citizens of the US, and each of us has a core group of activists and two US senators (as well as a handful of congress members) we can lobby, and Mississippi may well become an example of what’s wrong with “corrections” in America today, not what’s being done right. 

If that’s not a fair characterization, we encourage you to correct us with a reply. Perhaps we'll end up lobbying for federal funds to help your state implement reforms you've been dying to make - as long as they're the kind of reforms which lead us away from this madness instead of reinforcing the very foundations of the prison industrial complex. We will not be collaborators with you, but we will invite you to collaborate with us.


But first you must do something about the Scott Sisters. Have you ever even faced their family? Have the Scott sisters left anyone's family grieving for them like Mississippi has?


You can expect a furious new Prison Watch to emerge from the heart of Mississippi out of this, where even more volunteers will amplify the Scott family's voice, and those of other men and women who have been forgotten, neglected and abused in your prisons. They will work to protect and liberate prisoners of the state, and organize around not only the conditions they are subject to, but also around these larger issues of racism, classism, and misogyny as they are expressed in your own piece of our massive prison industrial complex. Lawmakers and law enforcement in Mississippi cannot claim ignorance or suggest that this kind of abuse of women prisoners when it comes to their health care is an aberration - or exaggeration - any further.  

The truth will pour out of there in story after story like this as prisoners and their families, and ex-prisoners and honest public servants begin to amplify their voices. All the political tools of mass manipulation about prisons, criminals, and justice will be dragged out for critical analysis by the people who know how the system really works, what really goes on inside, how it got to be this way, and what needs to be done to change things. That's what happens in state after state, once the websites go up. I suspect more people realize they don't have to be ashamed for being or loving a prisoner and standing up for their rights, and they finally begin to talk about things they've had to hide. it's very healing, I think. You can be the enemy they're being hurt by, or you can join our side.


Unless it becomes part of the solution - whereas now it is apparently an obstruction - this administration at the Mississippi Department of Corrections may end up being retired before the current governor. As far as we're concerned (that would be the collective "we" of the "America the beautiful" that Mississippi is a part of), the citizens you have the most immediate and pressing duty to protect are the ones who are vulnerable precisely because they are in your custody. If you can’t protect them from your own staff, prisoners, and machinery, you sure can’t be trusted with the rest of the public’s safety.

Jamie needs to get the best care possible so she can live long enough for both her and Gladys to be exonerated or pardoned. Bad enough that the state is responsible for wrongful imprisonment; it may be best not make it wrongful death, too.

We will continue to report and respond to updates from the Scott family. This post goes to Mississippi’s elected officials and the DOJ, as well as media, to make sure they are all on notice. And, of course, it’s going out to all of our sister prison watches as well.

Let’s fire up Mississippi.


Margaret J. Plews
Arizona Prison Watch
-------------------------------

Nancy Lockhart sent a message to the members of Free The Scott Sisters.

--------------------
Subject: SICKENING ROLLER-COASTER RIDE FOR JAMIE SCOTT!! ~ From Sis. Marpessa

SICKENING ROLLER-COASTER RIDE FOR JAMIE SCOTT!!


Mrs. Rasco was informed at 6:00 a.m. that Jamie Scott was returned to the prison infirmary after having been told that her body was full of toxins and that the medication she had been receiving at the prison contributed to the condition she is in today! In typical sadistic fashion, the prison told Jamie that they are not paying for her to have a special diet and that they will be moving her back to the horrible, leaky and moldy building where she was living.  As if all of that wasn't bad enough, she was further informed that she will be taken to a trailer to receive dialysis instead of the hospital!

While Atty Jaribu Hill is working on legal support for Jamie, we MUST continue to advocate for her.  Mrs. Rasco wants us to flood the governor's office as he has released inmates in the past who have been convicted of far worse crimes than which Jamie and Gladys are accused.  Mississippi is also making
deep budget cuts which have included discussions around the release of inmates, and there is no reason on this earth why Jamie Scott should continue to be locked down in her serious medical condition, it is cruel, inhumane, and DEADLY, she has many aggravating conditions, is severely depressed, and there must be COMPASSION!

If you work in the medical field please make that known when calling/writing so that it can be made plain that there are medical professionals aware of this prison's culpability in this previously healthy young woman's deterioration into such a serious condition, which they continue to downplay to this very moment!

We also continue to feel strongly that if we could put the light of mainstream media on this case that it would make a huge difference. PLEASE include calls and e-mails to the media.  If you're from overseas, please make sure that they know that fact.

Thanks again to you all, we have an enormous fight on our hands and we need all of the help we can get!  We know that they expect us to give up, but we must push even harder!
----------------------

JAMIE SCOTT, #19197, IS SUFFERING CRUEL AND INHUMAN PUNISHMENT!

BE DIRECT BUT PLEASE BE COURTEOUS

Governor Haley Barbour
P.O. Box 139
Jackson, Mississippi 39205
1-877-405-0733 or 601-359-3150
Fax: 601-359-3741
(If you reach VM leave msgs, faxes, and please send letters)

(FEEL FREE TO CONTACT ANY AND ALL MAJOR MEDIA YOU HAVE INFORMATION FOR, DON'T BE LIMITED BY THESE LISTINGS AT ALL!)

MISSISSIPPI MEDIA:

WLBT
(601) 960-4426 newsroom
(601) 355-7830 newsroom fax
http://www.facebook.com/l/c6f0f;www.wlbt.com/Global/story.asp?S=241208&nav=menu119_8_8
"Stribling, Wilson" <wstribling@wlbt.com>, ( Asst News Director )

WAPT TV
calling 601-922-1607. To report news tips, call 601-922-1652.
to submit news to the MGR, news anchor or anyone use this link
http://www.facebook.com/l/c6f0f;www.wapt.com/contact/index.html

WJTV
Phone: (601) 372-6311
Fax: (601) 372-8798
http://www.facebook.com/l/c6f0f;www2.wjtv.com/jtv/online/site_information/contacts/

FOX40
601-922-1234
http://www.facebook.com/l/c6f0f;www.my601.com/content/contactus/default.aspx

GENERAL MEDIA:

NBC TODAY SHOW: Today@Nhttp://www.facebook.com/l/c6f0f;BCUNI.com


NBC NIGHTLY NEWS: Nightly@Nhttp://www.facebook.com/l/c6f0f;BC.com


Listing of NBC/MSNBC Show e-mails at http://www.facebook.com/l/c6f0f;www.msnbc.msn.com/id/10285339/

NBC News
30 Rockefeller Plaza
New York, N.Y. 10112
Phone: (212) 664-4444
Fax: (212) 664-4426

CBS FEEDBACK FORM: http://www.facebook.com/l/c6f0f;www.cbs.com/info/user_services/fb_global_form.php
CBS NEWS
524 W. 57 St., New York, NY 10019
Phone: 212-975-4321
Fax: 212-975-1893

ABC NEWS CONTACT FORM: http://www.facebook.com/l/c6f0f;abcnews.go.com/Site/page?id=3271346&cat=Good%20Morning%20America
ABC NEWS
77 W. 66 St., New York, NY 10023
Phone: 212-456-7777

CNN NEWS TIP FORM: http://www.facebook.com/l/c6f0f;www.cnn.com/feedback/tips/newstips.html
CNN
One CNN Center, Box 105366, Atlanta, GA 30303-5366
Phone: 404-827-1500
Fax: 404-827-1784

Joe Madison: Joe.Madison@xmradio.com

Geraldo Rivera:  atlarge@foxnews.com

USA Today
7950 Jones Branch Dr., McLean, VA 22108
Phone: 703-854-3400
Fax: 703-854-2078

Associated Press
450 West 33rd St., New York, NY 10001
Phone: 212-621-1500
Fax: 212-621-7523
General Questions and Comments: info@ap.org

Dr. Gloria Perry, Medical Department (601) 359-5155
gperry@mdoc.http://www.facebook.com/l/c6f0f;state.ms.us

Margaret Bingham, Superintendent of Central Mississippi Corrections Facility
(601) 932-2880
mbingham@mdoc.http://www.facebook.com/l/c6f0f;state.ms.us
FAX: (601) 664-0782
P.O. Box 88550

Pearl, Mississippi 39208

Christopher Epps, Commissioner of Prisons for the State of Mississippi
601-359-5600
CEPPS@mdoc.http://www.facebook.com/l/c6f0f;state.ms.us
723 North President Street
Jackson, MS 39202


Emmitt Sparkman, Deputy Commissioner
(601) 359-5610
esparkman@mdoc.http://www.facebook.com/l/c6f0f;state.ms.us

Congressman Bennie Thompson
Washington, D.C. Office
2432 Rayburn HOB
Washington, D.C. 20515
(202) 225-5876
(202) 225-5898 (Fax)


Jackson, Mississippi Office
3607 Medgar Evers Blvd
Jackson, MS 39213
(601) 946-9003
(601)-982-5337 (Fax)

Congressman Alcee L. Hastings
Washington Office
2353 Rayburn Office Building
Washington D.C. 20515
Tel: (202) 225-1313
Fax: (202) 225-1171

Congressman Jeff Miller
Washington D.C.
2439 Rayburn House Office Building
Washington DC 20515
Phone: (202) 225-4136
Fax: (202) 225-3414
Toll Free Phone Number to District Office
Pensacola, Florida
Phone: 866-367-1614

=============

Saturday, January 23, 2010

Warden FCI Cumberland Re: Medical for Manning.

Here's the email I sent early this AM to both of the Federal Bureau of Prison email sites Jericho gave us,  as well as a number of other prison watchers and abolitionists. And McCain, for good measure - he's supposed to be representing me. Make sure you hit your congress members in your cc's too. It helps for them to see who else we're communicating our concerns to. Throw Senator Jim Webb from VA in there, too.

So start putting these posts on Manning up on the blogs folks - like you did for Oso Blanco. In Europe, too. And hit these people with emails until we hear from Jericho that he's been moved, or that we're cranking it up another notch. 

------------

Dear Warden, FCI Cumberland -

This is in re: a prisoner recently transferred to your facility from USP Hazelton - I'm sure you know who Mr. Manning (10373-016) is. I am writing as a concerned citizen and angry taxpayer - part of the greater "public" which I think you have chosen to serve. I am also one of a growing number of Prison Watchers - and as we spread across the country we support each other's struggles: we will be supporting Tom's efforts to get good medical care. He needs an evaluation for suspicious masses to rule out cancer. This needs to be done immediately.

How you treat him will be witnessed by our brothers and sisters around the world, actually. And it will affect increasing numbers of legislative districts as our new blogs go up, to bring more pressure on congress to start changing the way people are criminalized, incarcerated, and brutalized once they get there. We prison watch in part because we've had enough of all the state violence.

There's no excuse to make people suffer while they're in prison - being separated from their families and communities and losing their liberty is the punishment the people gave them - not torture or neglect. We expect this man to be well taken care of for the money we pay to imprison him. We also expect to have him free someday, so we'd like you to take good care of him in the meantime.

Please let us know when Mr. Manning is being transferred to the Buntner, NC Federal Medical Center and scheduled to have these suspicious masses evaluated.

Copies of this email are going to my allies as well as my state senator, John McCain. He probably doesn't care much for Manning (nor will he care much for me, I imagine), but he knows what it's like to be a prisoner and as a matter of principle should be rather concerned about assuring that all our federal prisoners receive appropriate attention to medical concerns.

Thank you for your time.

Sincerely,

Margaret J. Plews
Arizona Prison Watch

Friday, January 22, 2010

Urgent Medical Action: Prisoner Tom Manning.

From the defenestrator:


"Tom Manning is a Vietnam veteran, working class revolutionary and US political prisoner. He militantly struggled against the war in Vietnam and supports the right of self-determination of all oppressed peoples. Tom Manning was captured in 1985 and sentenced to 53 years in federal prison for a series of bombings carried out as "armed propaganda" against apartheid and U.S. imperialism. He tirelessly fought against racist, genocidal capitalism in the USA. Tom Manning was also wrongly sentenced to 80 years in prison for the self-defense killing of a New Jersey state trooper."

Tom Manning is an anti-imperialist revolutionary. The following came in today from the Jericho Network. Looks like the alert is still on, so email the prison people if you can, and cc the Jericho folks on it.

-----------------

Paulette, I just rec'd this from Tom:
 
"On the medical situation, folks should demand that I be sent to Butner, NC, the Federal Medical Center for cancer treatment, monitoring, etc". --Tom Manning

Jericho has also spoken with his attorney who has already called and sent a request to get Tom moved and suggested we do the same. Here is the information needed to both call and write the Cumberland warden as well as other officials at the federal bureau of prisons.

1. Ask for Warden- However I received a reply by phone (1/22) and was told every request for a transfer for Tom must be in writing either by Fax or e-mail.  So if you can please e-mail or fax this request.
 
1 Follow the info below if you want to put vocal pressure on the Warden.

2. Have Tom's # ready "Thomas Manning 10373-016 recent transfer from USP Hazelton

3. If you reach the warden or his/her secretary explain that Tom has recently been transferred from Hazelton and had not received the medical care needed for the growth in his groin area, lump under his left nipple or the growth under his shoulder blade. His records have been reviewed by an outside doctor who urgently recommended a biopsy to check for cancer in these areas. Tom asked you to ask for an immediate transfer to the Federal Prison Hospital facility at Butner,  NC to get the necessary medical procedures done.

4. If you get a recording please leave your name and phone # for them to accept our seriousness  regarding Tom's health.

5. If you fax either place a letter be sure to give your information as well as Tom's full name & number.

6. Please send us any information you are given so that we can put pressure on the correct dept.

IF YOU KNOW OR ARE A DOCTOR OR MINISTER/IMAM PLEASE FAX A LETTER TO BOTH THE WARDEN AND REGIONAL OFFICE USING YOUR LETTERHEAD AND ASK FOR A REPLY.

THANK YOU FOR YOU HELP PAULETTE  ALBQ.JERICHO@GMAIL.COM
& ANNE AT NYCJERICHO@GMAIL.COM

Phone:  301-784-1000  ask for warden
Fax:  301-784-1008
E-mail address2:  CUM/EXECASSISTANT@BOP.GOV


Mid Atlantic Regional Office press #1 for inmate services & you will probably have to leave a message.
Federal Bureau of Prisons
302 Sentinel Drive
Suite 200
Annapolis Junction, MD 20701

E-mail: MXRO/EXECASSISTANT@BOP.GOV* Phone: 301-317-3100

--
Free All Political Prisoners!
nycjericho@gmail.comwww.jerichony.org

Thank you from Jamie Scott's Mom.

I know some of you out there hit the links in the posts below to email folks in Mississippi - thank you. It mattered. Jamie is in the hospital now. 

Please keep following the Scott Sisters' case and do what you can. They need to go home.
-------------------------


1/22 JAMIE SCOTT MOVED TO HOSPITAL!

BREAKING NEWS!!!

JUST CONFIRMED THAT JAMIE SCOTT IS IN CENTRAL MISSISSIPPI MEDICAL CENTER, JACKSON, MISSISSIPPI!!

Gladys Scott called their mother, Mrs. Rasco, and told her that Jamie was moved earlier today and had surgery to place a shunt where she will begin to receive dialysis. According to one of the guards she is doing OK at this point in time. We will definitely keep everyone updated every time we are aware of a new development.

The outpouring of love that was showered on Jamie and Mrs. Rasco from around the world was truly incredible, fantastic and wonderful; thank you doesn't begin to express the gratitude that this family feels for what you've accomplished.

Mrs. Rasco wants everyone who called, faxed or e-mailed to know that it was due to your ceaseless efforts that this happened, and she is very, very grateful to each and everyone of you that participated in this call to action!

Together we can bring them home to their families where they belong!!

Organizing for Mumia: Pam Africa

Here's what we need to do now, folks. From Pam Africa:
------------------
 
January 20, 2010
SF Bay View

Pam Africa, chairwoman of International Concerned Family and Friends of Mumia Abu Jamal, was a key organizer of the large demonstration outside the 3rd Circuit Court of Appeals when Mumia’s case was heard there on May 17, 2007. Now the Supreme Court has ordered the case back to that court. – Photo: Minister of Information JR

On Tuesday, Jan. 19, the U.S. Supreme Court ruled against political prisoner Mumia Abu Jamal and granted the Philadelphia DA’s petition for a writ of certiorari. Basically, the Supreme Court went against the lower federal circuit court’s 2001 and 2008 rulings, which granted a new sentencing phase jury trial if the death penalty was to be reinstated in Jamal’s case. Now the case goes back down to the 3rd Circuit Court of Appeals, who will decide whether they will re-impose the death penalty without the jury trial.

In a recent interview with the Block Report, Mumia spoke about the Spisak case, in which the death penalty has since been reinstated for the white supremacist murderer Frank Spisak. The question is how this will affect Mumia’s case since they both dealt with the Mills issue, which addresses confusing jury instructions.

We are now at the highest level of Code Red in the case of Mumia Abu Jamal. The people must come to this tireless souljah’s defense.

I interviewed Pam Africa, the chairwoman of the International Concerned Family and Friends of Mumia Abu Jamal, about the direction of the “Free Mumia” movement at this critical time …

M.O.I. JR: Now that we have this information on how the Supreme Court wants to move on Mumia’s case, how is the International Concerned Family and Friends of Mumia Abu Jamal moving? And what do they need from the people?

Pam Africa: One thing that people need to understand is that this is a very crucial time. What we’re doing today, we’re having a press conference in front of the District Attorney’s Office here in Philadelphia.

This is the first Black DA in the city of Philadelphia. His name is Seth Williams, who ran on the platform that when he became district attorney, he would execute Mumia. That’s why we’re having the demonstration there, because it eventually will end up in the hands of the district attorney.

The district attorney are the ones that are applying for this death sentence on Mumia. I know that they are battling Mills (the case concerning jury instructions) and everything else, but people must stay focused. The time is very short in dealing with the case of Mumia.

People must organize around the world. There are two petitions that are happening: One is by a group of people over in Germany with Mumia’s attorney, Robert Bryan, calling on President Obama to get involved in the case and get Mumia a new case, because he never had a trial, really.

But we’re calling on the attorney general. When I say we, I’m saying there are several groups and organizations that is spearheaded by the New York (Free Mumia Abu-Jamal) Coalition that is calling on the attorney general, because what we’re pointing out is that Mumia cannot get any fairness whatsoever.

Brewing right here is another example of what it is we’re talking about. Mumia cannot get any fairness in this court system, so we’re calling on the U.S. attorney general to do a civil rights investigation into this case, because Mumia’s civil rights from the beginning to the end, and our civil rights as citizens of this United States who have pointed out the evidence very clearly (are threatened). That nobody can get around: Mumia is innocent. He is factually innocent.

And what we’re asking people to do is to sign both of the petitions on behalf of Mumia. The one that the attorney is putting out there, because when he petitions and all, Obama, Obama’s next move is that he has to go to the U.S. attorney general. And when he comes to the U.S. attorney general, he will fully know that our last person who signed the petition for the civil rights investigation was Skip Gates, who sat down and had a beer after he was beat up by the police, you know, at the White House. I’m saying, he signed the petition. We have people that are right in the ear of Obama and the attorney general.

And I want to point out very clearly, we have no hope whatsoever in the system. Our faith, Mumia’s faith, is in the people. Will the people rise up and do what is right? Shaka Sankofa is dead because the people didn’t consistently stay on top of these people when they did wrong.

Tookie Williams, when they executed him, when they murdered him in cold-blood when the movement was moving, it should’ve continued to move that way. There are magnificent things that are happening in California around the death penalty, but everybody must unite together and move as one up against this government for the sake of Brotha (Troy) Davis, for the sake of all the brothas that’s on death row right now.

Again there is Academics for Mumia, who are at Princeton University, who is having a meeting pulling academics together, and we’re asking the academics to sign both of these petitions while they educate people. I’m telling you people, we are not without the evidence. If you go to the website at Journalists for Mumia, if you go into the Bay View, you will find all of the evidence that you need to bring the system down to its knees.

Once again, do not be duped by time; time is running out. And I know that when this next step is made, as I understand, things might be like six months and then it will go to the DA. The time might be a little bit off, but we don’t have much time. It’s time for them people to get into them churches, make them ministers get up, make these politicians get up, you know, make the people rise up, as they did in 1999, when we did Millions for Mumia. The time is now for organizing, organizing with all of the strength that you have.

And I just want to thank people like the Partisan Defense Committee, Labor for Mumia, the Mobilization for Mumia, Millions for Mumia. These people have stayed steadfast, and if I haven’t mentioned the names of other people, there is a lot of individuals – JR and the Bay View – for keeping this issue up front in the people’s eye.

The time is now for organizing, organizing with all of the strength that you have. People must pull together to abolish the death penalty. Save this brotha who has been on the front lines, from deathrow, on every issue of social justice that there is.

And I will be down (in the Bay) on Feb. 18. I’ll be in California, from the 18th to the 23rd. I’m coming down there for the brotha of the San Francisco 8 (Francisco Torres’) hearing. I’m coming down there for Brotha JR’s hearing, and I wish I could be in LA when they bring this murderous cop (who murdered) Oscar Grant there, but I’m going to be pushing for people to get there – everybody who can.

This death sentence that was handed out to this brotha; we can’t allow it, people. And I’m saying y’all have been an example to all of the people around the world of resistance (of what can be done) when people be consistent at what they do. Y’all have had something done here when y’all had that murderous monster arrested. It must continue. This dude must sit on deathrow. That is where he needs to sit with all of the other people. And let people fight to get his behind off of deathrow.

You know, it can’t be enough said: People must pull together. You must abolish the death penalty because it is wrong, all the way across the board. We must support JR and all of the brothas and sistas that was arrested. This is what Mumia is pushing for; this is what we’re pushing for.

When we come to California, we’ll be having more information about Mumia. The movement is moving real fast, so please while you are organizing for everything, tell people that they must get into the streets in order to save this brotha who has been on the front lines, from deathrow, on every issue of social justice that there is.

Email POCC Minister of Information JR, Bay View associate editor, at blockreportradio@gmail.com and visit www.blockreportradio.com .

Illinois DOC: Stop Harassing Prisoners.

Here are a few links about the issues raised in the lawsuit over the Illinois Department of Corrections serving so much soy in its food to accompany the post about the harassment of Larry Harris. It's pretty impossible to find anything about him or the other guy named in the email on the internet yet - they've just been buried in prison for years, both of them. One's a sex offender, the other was convicted of armed robbery. Guess the prison figured no one would care what happens to them anyway. 

What they must not get is that this lawsuit isn't about those guys or just that state. It's about the civil rights of prisoners, and the retaliation these guys are experiencing is standard across the country, wherever prisoners stand for their rights. Whatever we think of their crimes, they're trying to change conditions that all prisoners may be suffering under - and for that, a lot of prisoners' families across the country should help us keep an eye on the guys involved in this lawsuit.


The next logical place for Illinois to implement their soy-toxic diet is in the free lunch programs for kids. They've already started, as I understand. If they can squash this lawsuit - or win it - the state will be feeding the poor nothing but soy for the next few generations, burying any evidence that it ever caused anyone a problem. They start out with stuff like this in prisons because its harder for prisoners than anyone to fight it. So, let's pay a little closer attention to this, now. 

The folks in Illinois really don't want to escalate things by hassling these guys. They aren't invisible anymore. Isn't that like tampering with witnesses - threatening and harassing the plaintiffs in a lawsuit against you?  That's not only unethical, I think it's a crime...

-----------


Soy in Illinois prison diets prompts lawsuit over health effects


http://www.illinoistimes.com/Springfield/article-6267-a-diet-to-die-for.html



Prison Calls it Food, Inmates Disagree


Taste-testing Nutraloaf: The prison food that Just Might be Unconstitutionally Bad

Thursday, January 21, 2010

Your Voice for Families, Freedom...Fascism.

PearceAlert (From Senator Russell Pearce, to his faithful followers) from www.russellpearce.com in re: SB 1070 hearings yesterday. I don't understand the closing lines...I think he's unraveling.

-------------

Hi,

Thank you for your support yesterday.  Don't be fooled by the miss information given yesterday in committee by those who oppose any and all enforcement.  I will not attend another funeral without having done all I can to enforce our laws.  We must enforce our laws with compassion, but without apology. 

I have been to court (federal court) 7 times on Prop. 200 and 5 times on Employer Sanctions and we have won all 12 times.  The language will survive the challenges by the open border/ACLU/MALDEF/AND OTHERS, as the left and cheap labor crowd continue to tell it has drafting errors.  Not true.  The old attorney trick.   I refuse to attend another funeral of a Police Officer or of a Citizen without doing everything I can do to enforce our laws.  Government is complicit in the deaths, maiming and cost to our citizens.  

Remember the Police Chiefs had a Press Conference several months ago right after Officer Erfle was murdered by an illegal alien and stated they refused to enforce our immigration laws.  No surprise they have concerns (invented to protect the status quo).  They do not want to enforce the laws and have stated, that is why they have so many roadblocks in place and as testified to investigations on officers who called ICE.  In fact they are investigating one commander for arresting homicide suspects that were illegal aliens, because he did not get permission from higher command officers.  Look at the endorsements, Sheriffs, Police Officers, many, many others and just Saturday by a unanimous vote of over 1400 Maricopa County PC's endorsed this effort.  80% of the public support this effort.  

I just had a meeting with law enforcement yesterday afternoon and they were extremely upset that there were concerns about their ability to "know" when and when not to arrest with the silly arguments or concerns presented by some.  That is what they do for a living.  They don't go around arresting people based on appearance!!!!!  They have been restrained from doing the very job they took an Oath to do.  Protect and to Serve.   Enforce all laws.  They have been too many funerals, many which could have been prevented. 

Again, thank you for your support yesterday.

Your Voice for Families, Freedom, Constitutional and Limited Government and a Consistent Conservative Voice:  God... Family ... Country

Russell

Jamie Scott Update


Still not in the hospital, apparently. This in 50 minutes ago. Please call:
------------

Nancy Lockhart sent a message to the members of Free The Scott Sisters.

--------------------
Subject: Assist In Contacting The Mississippi Media - Jamie Scott Must Be Moved Immediately to A Hospital ~2

Mississippi Media

Please contact the following Mississippi Media Outlets and let them know that Jamie Scott #19197 had kidney failure two weeks ago and is in the prison infirmary, she needs to be safely moved to a hospital IMMEDIATELY. Not Next week, IMMEDIATELY!  (Please remain respectful and courteous; there is no need to become indignant.) For additional information please refer the media to Mrs. Evelyn Rasco’s website which is below.

http://www.freethescottsisters.blogspot.com/

WLBT
(601) 960-4426 newsroom
(601) 355-7830 newsroom fax
www.wlbt.com/Global/story.asp?S=241208&nav=menu119_8_8
Stribling, Wilson" <wstribling@wlbt.com>, ( Asst News Director )

WAPT TV
601-922-1607. To report news tips, call 601-922-1652.to submit news to the MGR, news anchor or anyone use this l...ink http://www.facebook.com/l/458b5;www.wapt.com/contact/index.html

WJTV
Phone: (601) 372-6311
Fax: (601) 372-8798
http://www.facebook.com/l/458b5;www2.wjtv.com/jtv/online/site_information/contacts/

FOX40
601-922-1234
http://www.facebook.com/l/458b5;www.my601.com/content/contactus/default.aspx

Wednesday, January 20, 2010

Sex Work, Race, and Misogyny: Time to Change these Laws.


This came to my attention via Vikki Law today, the author of Resistance Behind Bars

I find it deeply troubling. Sex work should not be a crime - much less compel registration as a sex offender.


Here, by the way, is info on laws regarding prostitution in Arizona. I think we need to change the laws. First we need to change the lawmakers, though - before they do too much more damage:


------------------

Prostitution/Solicitation of Prostitution

The Law

In Arizona, under A.R.S. §13-3214(A) "it is unlawful for a person to knowingly engage in prostitution."
Prostitution is defined under A.R.S. §13-3211(5) as "engaging in or agreeing or offering to engage in sexual conduct under a fee arrangement with any person for money or any other valuable consideration." 

Potential Penalties

A violation of this section is a class 1 misdemeanor and carries a maximum six month jail sentence. A first offense of this section carries a mandatory minimum 15 day jail sentence; a second offense carries a mandatory minimum 30 day jail sentence; a third offense carries a mandatory minimum 90 day jail sentence.

A person who has been convicted of three or more violations of this section and who commits a subsequent violation of this section is guilty of a class 5 felony and must serve a mandatory minimum of 180 days jail, and may be face imprisonment. (Please see our "Classification of Offenses" page for specific provisions on felony sentencing provisions.)

In addition to these penalties, the court, in its discretion, may require the person convicted to register as a sex offender pursuant to A.R.S. §13-3821(C), although such registration is not mandatory. 

Also, pursuant to A.R.S. §13-3214(B), cities or towns may enact and enforce ordinances to suppress and prohibit prostitution, and provide a punishment for misdemeanor violations that is at least as strict as A.R.S. §13-3214(A).

from the website of keith barton law.
------------------


Her Crime? Sex Work in New Orleans
More than half of the people on Louisiana's Sex Offender Registry - which was designed for rapists and child molesters - are indigent women convicted of sex work

By Jordan Flaherty, for ColorLines Magazine
http://www.colorlines.com/article.php?ID=673
http://www.huffingtonpost.com/jordan-flaherty/her-crime-sex-work-in-new_b_424774.html
http://www.boingboing.net/2010/01/19/new-orleans-cops-use.html

Tabitha has been working as a prostitute in New Orleans since she was 13. Now 30 years old, she can often be found working on a corner just outside of the French Quarter. A small and slight white woman, she has battled both drug addiction and illness and struggles every day to find a meal or a place to stay for the night.

These days, Tabitha, who asked that her real name not be used in this story, has yet another burden: a stamp printed on her driver’s license labels her a sex offender. Her crime? Offering sex for money.

New Orleans city police and the district attorney’s office are using a state law written for child molesters to charge hundreds of sex workers like Tabitha as sex offenders. The law, which dates back to 1805, declares it a crime against nature to engage in “unnatural copulation”—a term New Orleans cops and the district attorney’s office have interpreted to mean anal or oral sex. Sex workers convicted of breaking this law are charged with felonies, issued longer jail sentences and forced to register as sex offenders.

Of the 861 sex offenders currently registered in New Orleans, 483 were convicted of a crime against nature, according to Doug Cain, a spokesperson with the Louisiana State Police. And of those convicted of a crime against nature, 78 percent are Black and almost all are women.

Impacts on Women's Lives

The law impacts sex workers in both small and large ways. Tabitha has to register an address in the sex offender database. Her driver’s license has the label “sex offender” printed on it. She also has to purchase and mail postcards with her picture to everyone in the neighborhood informing them of her conviction. If she needs to evacuate to a shelter during a hurricane, she must evacuate to a special shelter for sex offenders, and this shelter has no separate safe spaces for women. She is even prohibited from ordinary activities in New Orleans like wearing a costume at Mardi Gras.

“This law completely disconnects our community members from what remains of a social safety net,” said Deon Haywood, director of Women With A Vision, an organization that promotes wellness and disease prevention for women who live in poverty. Haywood’s group has formed a new coalition of New Orleans activists and health workers who are organizing to fight the way police are abusing the 1805 law.

Activists like Haywood believe that using the law in this way is part of an overall policy by the New Orleans Police Department to go after petty offenses. According to a report from the Metropolitan Crime Commission, New Orleans police arrest more than 58,000 people every year. Of those arrested, nearly 50 percent are for traffic and municipal offenses, and only 5 percent are for violent crimes.

“What this is really about is over-incarcerating poor and of-color communities,” said Rosana Cruz of VOTE (Voice Of The Ex-offender), a prison reform organization that is also a part of the new coalition.

Haywood, Cruz and other activists believe they have an opportunity with the mayoral and city council elections next month to change the system. With all of the candidates attempting to distance themselves from Mayor Nagin, who is prevented by term limits from running again, the new mayor is likely to be open to making changes. This includes hiring a new police chief, as all the candidates have pledged to do. Advocates are hoping this is an opportunity to shift the department’s focus. “When there's a new police chief, we can educate them,” said Haywood.

Many of the women Haywood’s group works with are at the most high-risk tier of sex work. They meet customers on the street and in bars. Most are dealing with addiction and homelessness, and many cannot get food stamps or other public assistance because of felony convictions on their record.

“I’m hoping that the situation will look different because of this coalition,” Haywood said. “I can’t tell you how overwhelmed we’ve been from the needs of this population.”

Condemned

Miss Jackie is one of those women. A Black woman in her 50s, she was arrested for sex work in 1999 and charged as a sex offender. Her name was added to the registry for 10 years. When the registration period was almost over she was arrested for possession of crack. She says the arresting officer didn’t find any drugs on her person, but the judge ruled that she needed to continue to register as a sex offender for another 15 years (the new federal requirement for sex offenders) because her arrest was a violation of her registration period.

"Where is the justice?” she asked, speaking through tears. “How do they expect me to straighten out my life?” Struggling with basic needs like housing, Miss Jackie added: “I feel condemned."

Advocates and former defendants claim that the decision over who is charged under which penalty is made arbitrarily, at the discretion of police and the district attorney’s office, and that the law disproportionately affects Black people, as well as transgender women. When asked about the allegations of abusing the crime against nature statue, New Orleans Police Department spokesman Bob Young responded: “Persons are charged according to the crime they commit.”

Wendi Cooper’s story, however, paints a different picture.

In 1999, Cooper had recently come out as transgender. A Black transwoman, she tried prostitution a few times and quickly discovered it wasn’t for her. But before she quit, she was arrested. At the time, Cooper was happy to take a plea that allowed her to get out of jail and didn’t think much about what the “crime against nature” conviction would mean on her record. As she got older and began work as a healthcare professional, the weight of the sex offender label began to upset her more and more. “This is not me,” she said. “I’m not that person who the state labeled me as…it slanders me.”

Cooper appealed to the state to have her record expunged and talked to lawyers about other options, but she still must register for at least another five years and potentially longer. “I feel like I was manipulated, you know, pleading guilty to this crime…And it’s hard, knowing that you are called something that you’re not,” she said. She is also afraid now that the conviction will prevent her from getting her license as a registered nurse or from being hired.

Although some women have tried to fight the sex offender charges in court, they’ve had little success. The penalties they face became even harsher in 2006 when Congress passed the Adam Walsh act, requiring tier-1 (the least serious) sex offenders to stay in the public registry for 15 years. There’s also an added danger to fighting the charges, according to Josh Perry, a former attorney with the Orleans Public Defenders office.

“The way Louisiana’s habitual offender law works, if you challenge your sentence in court and lose, and it’s a third offense, the mandatory minimum is 20 years. The maximum is life,” he explained.

Perry estimates that on an average day two or three people are arrested for prostitution in New Orleans, and about half of them are charged under the crime against nature statute. “Right now, there are 39 people being held at Orleans Parish Prison [for] crimes against nature,” Perry told a gathering of advocates. “And another 15 to 20 people…charged with failure to register as a sex offender.”

Sex workers accused as sex offenders face discrimination in every aspect of the system. In most cases, they cannot get released on bond, because they are seen as a higher risk of flight than people charged with violent crimes. “This is the level of stigma and dysfunction that we’re talking about here,” said Perry. “Realistically, they’re not getting out.”

Organizing for Change

Advocates have said the ideal solution would be to get state lawmakers to change the law, but they feel there’s little hope of positive reforms from the current legislature. For now, organizers want to put pressure on police and the district attorney’s office to stop charging sex workers under the crime against nature statute.

There is a great deal of work that needs to be done. Haywood is working with lawyers and national allies to develop a legal strategy, as well as a broad local coalition that includes criminal justice reform organizations like VOTE-NOLA and activist groups like the New Orleans chapters of Critical Resistance and INCITE! Women of Color Against Violence.

“We’re trying to organize, but we’re also working on the human rights side of how it’s affecting their lives,” she said. “This is a population that works in crisis mode all the time.”

Jennifer, a 23-year-old white woman who asked that her real name not be used in this story, has been working as a prostitute since she was a teenager, and also works as a stripper at a club on Bourbon Street. She recently broke free of an eight-year heroin addiction. Unless the law changes, she will have the words “sex offender” on her driver’s license until she is 48 years old.

Haywood said that stories like this show that the law has the effect of forcing women to continue with sex work. “When you charge young women with this—when you label them as a sex offender—this is what they are for the rest of their lives,” she said.

Jennifer said it’s affected her job options. “I’m not sure what they think, but a lot of places wont hire sex offenders,” she said.

Haywood said the women she sees have few options. Many of them are homeless. They are sleeping in abandoned houses or on the street, or they are trading sex for a place to stay. “The women we work with, they don't call it sex work,” she said. “They don't know what that means. They don’t even call it prostitution. They call it survival.”


Jordan Flaherty is a journalist, an editor of Left Turn Magazine, and a staffer with the Louisiana Justice Institute (http://louisianajusticeinstitute.blogspot.com). He was the first writer to bring the story of the Jena Six to a national audience and audiences around the world have seen the television reports he’s produced for Al-Jazeera, TeleSur, GritTV, and Democracy Now. His post-Katrina reporting for ColorLines shared an award from New America Media for best Katrina-related reporting in ethnic press. Haymarket Press will release his new book, FLOODLINES: Stories of Community and Resistance from Katrina to the Jena Six, in 2010. He can be reached at neworleans@leftturn.org.


Wendi Cooper, Deon Haywood, and other advocates mentioned in this article are available for interviews.

Photos for article by Abdul Aziz for ColorLines, http://photoactivist.blogspot.com.

Organizations Mentioned in this article:
Women With A Vision: http://wwav-no.org
V.O.T.E.: http://www.vote-nola.org


Recent Reporting by Jordan Flaherty:
New Orleans' Heart is in Haiti:
http://www.huffingtonpost.com/jordan-flaherty/new-orleans-heart-is-in-h_b_427108.html
Discriminatory Housing Lockouts Amid Post-Katrina Rebuilding: http://www.colorlines.com/article.php?ID=617
Homeless and Struggling in New Orleans: http://www.colorlines.com/article.php?ID=591

Other Resources:
Louisiana Justice Institute: http://www.louisianajusticeinstitute.org
Justice Roars: http://louisianajusticeinstitute.blogspot.com
Project Transparency: http://www.nolapublicrecords.org
Left Turn Magazine: http://www.leftturn.org

URGENT: Mississippi DOC and Jamie Scott

Hey All: This just came in. I just left a message on the medical director's line from AZ Prison Watch/myself asserting Jamie's right to medical care and insisting that she be transferred to a hospital immediately. We will be following up. Please call in, as indicated below. Will work on the media, too. Can use help today.



-------------
David Hope Rosser sent a message to the members of Free The Scott Sisters.

--------------------
Subject: BRAND NEW INFO - 1/20 JAMIE SCOTT UPDATE!


The prison chaplain arranged for Jamie to call Mrs. Rasco today and in that phone call Jamie confirmed that both of her kidneys have shut down and that she is in the prison ICU. She told her mother that she will be taken to the hospital sometime next week to have a procedure performed so that she can begin dialysis. She did not know why this is being delayed and neither does the family!

Jamie is grateful for all of the supporters who have called into the prison but wants us to ask folks to discontinue the phone calls. It's being stressed to Jamie that callers who yell and cuss are upsetting the officials there.

Jamie Scott, at age 38, has aged tremendously since her 15+ years of unjust incarceration and now suffers from severe medical problems which have led to her kidneys shutting down. She needs immediate hospitalization for treatment, proper diagnoses and pain relief. Jamie also  has mental health needs which need to be evaluated and  treated, as well! WE FEEL STRONGLY THAT TIME IS  OF THE ESSENCE. Jamie Scott is inmate #19197 at the  Central Mississippi Correctional Facility and she is  being treated by Dr. Gloria Perry at (601) 359-5515.

We've just been advised by our legal support to keep the pressure on the prison and not to let up one bit! Despite the prison's manipulation of Jamie, we must continue to act and not stop. So keep those calls coming in, we must get Jamie out of there ASAP. We are making moveson many other fronts to make that happen an...d this is a very integral part.

DON'T CURSE OR YELL INTO THE PHONE. STATE PLAINLY AND CLEARLY THAT WE WANT JAMIE MOVED OUT OF THE PRISON AND INTO A HOSPITAL WITHOUT FURTHER DELAY, THIS IS CRUCIAL! JAMIE SCOTT, #19197, MUST BE TAKEN TO THE HOSPITAL IMMEDIATELY!

Her physical and mental state require the highest levels of professional care.

Dr. Gloria Perry, Medical Department
(601) 359-5515

Margaret Bingham,
Superintendent of Central Mississippi Corrections Facility
(601) 932-2880
mbingham@mdoc.state.ms.us


FAX: (601) 664-0782
P.O. Box 88550
Pearl, Mississippi 39208

Christopher Epps, Commissioner of Prisons for the State of Mississippi
601-359-5600
CEPPS@mdoc.state.ms.us

North President Street
Jackson, MS 39202

Emmitt Sparkman, Deputy Commissioner
(601) 359-5610
 
Please reply back to us and let us know of every response you get so that we can keep track of what people are being told.

Congressman Bennie Thompsom
Washington, D.C. Office
2432 Rayburn HOB
Washington, D.C. 20515
(202) 225-5876(202) 225-5898 (Fax)
 
Jackson, Mississippi Office
3607 Medgar Evers Blvd
Jackson, MS 39213
(601) 946-9003(601)-982-5337 (Fax)
 
Congressman Alcee L. Hastings
 Washington Office
2353 Rayburn Office Building
Washington D.C. 20515
Tel: (202) 225-1313
Fax: (202) 225-1171
 
Congressman Jeff Miller
Washington D.C.
2439 Rayburn House Office Building
Washington DC 20515
Phone: (202) 225-4136
Fax: (202) 225-3414
Toll Free Phone Number to District Office
Pensacola, Florida Phone: 866-367-1614 
 
NBC TODAY SHOW: Today@NBCUNI.com
 
NBC NIGHTLY NEWS: Nightly@NBC.com
 
NBC News
30 Rockefeller Plaza
New York, N.Y. 10112
Phone: (212) 664-4444 Fax: 
(212) 664-4426 
 
CBS NEWS
524 W. 57 St., 
New York, NY 10019 
Phone: 212-975-4321 
Fax: 212-975-1893
 
ABC NEWS
77 W. 66 St., 
New York, NY 10023 
Phone: 212-456-7777 
 
CNN
One CNN Center, 
Box 105366, Atlanta, GA 30303-5366 Phone: 404-827-1500 Fax: 404-827-1784 
 
USA Today
7950 Jones Branch Dr.,
McLean, VA 22108 
Phone: 703-854-3400
Fax: 703-854-2078
 
Associated Press
450 West 33rd St., 
New York, NY 10001 
Phone: 212-621-1500 
Fax: 212-621-7523
General Questions and Comments: info@ap.org 
 

PA May Kill Mumia: Supreme Court

Slightly revised for current info. Demand that Attorney General Holder open a civil rights investigation into the prosecution and conviction of Mumia Abu-Jamal. This is criminal. The man should be free, not facing execution again.

---------------

Monitor http://www.freemumia.com/ and http://abu-jamal-news.com/ for news, analysis and emergency response plans.

The Supreme Court has tossed out a lower court ruling that nullified the death sentence for former Black Panther Mumia Abu-Jamal. The appeals court now has the option of re-imposing the death sentence or ordering a new federal trial to hear other claims of injustice raised by Abu-Jamal.

No Death Penalty for Mumia!

In Philadelphia demonstrate Wednesday, Jan 20 at 4pm at the SE corner of City Hall (Juniper St.). Bring signs and noisemakers (pots, pans, whistles, etc). Bring copies of any Mumia literature you have. At the demonstration International Concerned Friends & Family of Mumia Abu Jamal spokespeople will give updates and legal analysis.

Outside of Philadelphia: if you cannot be in Philadelphia tomorrow, please organize emergency response activities in your community. Email icffmaj@aol.com and let them know what you plan. Send photos/video/audio of your events that can be shared online


Washington (CNN) -- The Supreme Court has tossed out a lower court ruling that nullified the death sentence for former Black Panther Mumia Abu-Jamal.

He has been an outspoken activist from behind bars, claiming there were procedural errors during his capital sentencing, and that too few blacks were on the jury. Pennsylvania officials were appealing a federal court ruling on the sentencing question that went in Abu-Jamal's favor in 2008.

The justices made their announcement Monday, ordering a federal appeals court to revisit its earlier ruling granting a new sentencing hearing. The high court last year denied Abu-Jamal's separate petition for a new trial.

The appeals court now has the option of re-imposing the death sentence or ordering a new federal trial to hear other claims of injustice raised by Abu-Jamal.

Prescott Valley Prison Push Poll Coming?

Here's an article from today's Daily Courier covering the prison proposal in Prescott Valley. The town council is considering paying a company $9,000 to push poll 800 residents on the prison. Don't know how representative a response that really gets. 

Meetings addressing this begin Thursday, January 21, at 5:30 in council chambers on the first floor of the Civic Center, 7501 E. Civic Circle. The work/study meeting is scheduled to follow a special and community facilities district meetings of the council.

Pearce Sneaks In his HATE: 9am TODAY.


Russell Pearce introduces huge anti-immigrant bill.
SB1070 is grab bag of all unsuccessful bills of past years!

If you only respond to one action alert this legislative session, make it this one! In just a minute, you can send an email to members of the Senate Public Safety Committee urging them to VOTE NO on SB1070!

Forward this to all your contacts in Arizona. Please attend the Senate Public Safety and Human Services Committee hearing: Wednesday, January 20th at 9:00am

                           


SB1070 IMMIGRATION, LAW ENFORCMENT, SAFE NEIGHBORHOODS
Sponsor: Sen. Russell Pearce
To read the bill's full text: www.azleg.gov (search SB1070)

This bill is a huge, all-encompassing effort to force every government agency in Arizona to criminalize and marginalize immigrant families in Arizona and to keep our state in economic decline. The bill's measures include:


  • No governmental entity in the state may adopt a policy that limits or restricts enforcement of federal immigration law to the full extent permitted.
  • In all contact by government employees with a person where "reasonable suspicion" exists that the person is undocumented, the person's immigration status must be verified.
  • A person commits the crime (minimum class 1 misdemeanor) of trespassing by being in the U.S. illegally.
  • A law enforcement officer is authorized to arrest, without warrant, any person the officer believes to be here without legal documentation.
  • It is a class one misdemeanor to stop on a public roadway or for a person to enter a vehicle stopped on a public roadway for the purpose of securing employment to perform work at a different location if the vehicle blocks or impedes the flow of traffic.
  • It is a class one misdemeanor to transport or conceal someone who is undocumented.
  • It is illegal to induce someone who is undocumented to reside in this state.
  • The state's employer sanctions law is modified to, among other things, authorize the county attorney to perform investigative functions (take evidence, issue subpoenas and order depositions) related to the law.

Tuesday, January 19, 2010

Live From Death Row: Talkin' Bout My Generation.

Here it is, folks. Tuesday, January 19, 2010. Mumia is reporting on racism in America from behind bars, and the Philly DA is seeking the death penalty. That was nearly thirty years ago. 

And that's the story today. 

I'm the babiest of the baby-boomers, and we are a pathetic lot, my generation of Americans. Some revolutionaries. We're a bunch of tenured professors now. Those of us who didn't go off to prison over racism, Reagan or Bush sure sold out with Clinton. We sold out all our prisoners in the 90s. We stripped them of almost all their rights while we were so worried about defending Bill's right to screw around on his wife with our time. 

What a wasted presidency. And he pardoned Rich, of all people - a guy who should have been in prison because of his selfishness and greed - he didn't even have worthy politics. People took up arms in this country to resist South African apartheid, a piece of our history that too few Americans of any color  are aware of. They sacrificed their lives trying to end our death squads and coups in Central and South America - and Ollie North got a presidential pardon and his own TV show for his efforts.


Has anyone really ever had justice in America? Do the real criminals ever get their due? Most seem to draw pensions from us...through all the halls of government.


Leonard Peltier, The Cuban Five, the Puerto Rican Independistas, and all those Black Panthers - why are they all still in prison? Why are they still in so much danger? Why are the political prisoners by and large silent now? Why have they been condemned to die in federal prisons across the country - one after another this summer and fall - without us rising in united opposition and outrage? Do we know who they are anymore? 

Do we even know who we are?


What will we do today when the Supreme Court tells us they're going to let PA kill Mumia? Tune in to Jon Stewart at 11?


Where is the Change We Believed In, anyway?

It was never going to come from high offices or the White House. That's why it's taking so long for us to get anywhere - we keep following the other guy's leaders. Wake up, everybody - they let him in; we didn't really put him there. The Change will have to come from us. We are the ones who abandoned our elders and revolutionaries, our poets and dreamers. Our real activists. We've left their executions to the next generation. 

We couldn't even end the death penalty. We won't leave them with universal health care. We are leaving them as the world's largest incarcerator - not the Land of the Free. We are the ones who need to make amends now. We need to make this right somehow. 

We can't surrender again. Respect for their "due process" should not entail sacrificing ours - or anyone else's.  Look at all those kids going in from the Green Scare - we set them all up for that, dammit, not Bush. America's due process is racist, classist, sexist - need I go on? It works the way it's intended to - it supports the power elite at everyone else's expense - extraordinary expense. 

"Fixing" their system makes it work "better" - I don't think that's what we really want to do. Fixing the prison industrial complex (the Supreme Court just tops it off) is often compared to fixing the institution of slavery. That's why I decided abolition was the better approach. It's not as easy an answer, but at least it doesn't have me trying to figure out how I'm going to accommodate thousands more prisoners in the next few years, like Pearce is. That's a real visionary: more prisons for the grandkids to live and work in.


So, I ask again: what will we do when the court returns their decision? I don't know the answer -  I don't even know what I'll do. I'm afraid we'll respond with a stunned silence. We can pretty much guess how it's going to play out - like all those parole hearings have been going: our people are getting fried. 

Whatever happened here Saturday, the anarchists are making  a lot more sense to me these days than anyone else, frankly. We need to take to the streets. I want all our political prisoners free, but shame on anyone who sits by with nothing but a sign after this day until ordinary families can stop worrying about their loved ones being raped or killed or burned alive doing time for their poverty, mental illness, or a crime that they never even committed. No one should have to go through any of that in the state's custody and "care".

Monday, January 18, 2010

SOS: Arizona State Prisons. Send Help.

Anyone else hear about these prison units selling already? And the state hospital? This is from the Perryville CO's underground blog, the Lumley Vampire. That's the yard Marcia Powell was on when she died. The lead-in below is just the beginning - hit back there for the rest. The description of conditions is pretty frank and deplorable. I want the DOJ in here. Sounds like the guy who does this blog does, too.  

I'm sure the state figures they can avoid their responsibility for these facilities - and prisoners - by just selling them, and we're going to have a hard time holding those people accountable. We can't even seem to hold the state responsible when they do the job themselves.

Isn't there someone else we can call for help? I'm not very impressed with the DOJ. Every prisoner and family I hear from these days is sending an SOS.

------------- 

"Six Arizona State Prison Units sold to SLUM LORDS
The Lumley Vampire Newsletter 1/15/2010

    Six state prison units at Florence/Eyman have been sold to Slum Lords and leased back to the state. The state pocketed $736 million dollars and will be repaying investors 1.1 billion dollars over the next 20 years for the deal. Death Row was not sold. The state hospital was also sold to investors. Privatization of ADOC is rapidly becoming a reality.

ASPC-Florence is seriously outdated and unsafe for officer's and offenders. The plumbing chases at CB-1, 3, 2 & 4 are caked with dozens of decades of animal urine & feces, which vent directly into offenders cells.  Electrical and plumbing problems including filthy staff bathrooms and unsafe drinking water which exceed federal guidelines for Niacin are just a few of the problems passed on to investors. Some staff bathrooms are so filthy with years of human feces and urine officers are forced to squat on filthy toilet rims to use them. Swamp coolers are still in use at most of the large Florence cell blocks wasting hundreds of thousands of dollars a year. 


    The DOJ has looked the other way for decades as offenders are forced to live in tiny cells from the 1940's and 50's standards. Officer's still are required to conduct safety and security checks on dozens of isolation cells in CB-3 & 4 that have not been used or housed offenders since the 1970's wasting more money by the state...."
 

California Dreaming. Time to Wake Up.

This via Ken at Private Corrections Working Group. Arizona failed to study and learn from California's experiences before Marcia Powell died, or the ADC may have saved her life. For what, though - the state to chew her up cycling her in and out of prison until she was dead? They need to do a lot more than just abstain from outright killing people they're responsible for imprisoning. 

The governor and state legislature here have no excuse - they and the public are well-enough informed about conditions in the prisons to either make prisoner rights and safety - and real sentence reform - priorities, or shut up already about how much they care about vulnerable Arizonans. That's who's ending up in prison, by and large - other people's victims. Watch how many more end up there now that we're slashing public mental health care again (want to bet that Magellan still makes a profit, no matter how many homes are foreclosed on this year? Off of whose  backs? Who's invested in them, anyway?)


Talk about a colossal waste of public money - all that "profit" that could be used directly to serve people just goes into the pockets of millionaires preying on the good people of this state. That's why they want to privatize prisons, too - not to save the rest of us money, but to make some for themselves. They're invested in a future of crime-ridden communities, and they're pushing Arizona's small town economies into becoming dependent on mass incarceration. That should tell people something about their real priorities. It's got nothing to do with what's good for any of us. We're just consumers and fodder.


We see through it - some of us do, anyway. All the right wing has been doing for years is sticking it to us: cutting education, health care access, basic community services - some "crisis". They aren't ever restoring that funding - this is how they work. Empty the schools and fill up the prisons. Privatize everything (fascists). They have more reason than ever to try to keep people down - those guys are losing control quick (including over their own people - don't think Pearce isn't due for a grand jury if we're looking at abuse of power). 

If it wasn't for the divisive power of racism and misogyny we would have overthrown them by now. That and hunger. Hunger makes a lot of things harder. That's why they try to keep us living out of soup kitchens and food banks...there's nothing charitable about that.


Anyway, I don't agree with some of the arguments here - I think the practice of privatizing prisons should be banned altogether under human rights law, as they have done in Israel. But it does address some of the stupider things our legislature has done (and still plans to do, apparently)...


----------

A poor prison plan for California
LA Times Editorial
January 17, 2010

When Gov. Arnold Schwarzenegger proposed shifting female inmates out of prisons to community detention centers in 2006, the Legislature said no. When he asked lawmakers the following year to approve $10.9 billion in bonds to build new prisons while also reforming sentencing laws and parole rules, they reduced the bond package and jettisoned the reforms. Last year, when he asked them to cut the prison budget by $1.2 billion, they fell about $200 million short. We don't blame the governor for being frustrated, but we do fault him for apparently giving up.

Schwarzenegger's latest prison plan, unveiled in his State of the State address earlier this month, is less a serious policy proposal than a hunk of red meat tossed out at voters who are understandably furious about cuts in education spending. It combines a deeply destructive budgeting formula with an untested theory about prison privatization. Yet, if there ever was a time when California needed its leaders to get serious about the prisons, it's now. The skyrocketing cost of administering the corrections system is helping to drive the state to the brink of financial collapse, even as the system's overcrowded conditions and abysmal medical care are violating federal law -- and forcing the courts to demand expensive fixes that exacerbate the budget problem.

Schwarzenegger's cynical response is to pit the prisons against colleges and universities, proposing a ballot initiative mandating that the state cannot spend more than 7% of its budget on corrections or less than 10% on higher education. We've already discussed the dangers of this kind of ballot-box budgeting, which puts decision-makers in a straitjacket and is largely to blame for the state government's deficit crisis. But what has received less attention is the governor's strategy for getting the corrections budget to 7%, from its current level of about 10%: privatizing the prisons.

Many politicians, especially on the GOP side of the aisle, are attracted to private prisons, under the theory that private industry runs everything more efficiently than government. That hasn't really panned out in other states. Studies on whether rent-a-reformatories are cheaper for taxpayers than government-run prisons have had conflicting results, largely because the data are hard to compare. Opinions also differ widely on whether private prisons, which tend to have lower guard-to-inmate ratios than public lockups, experience more violence. It's safe to say that if differences exist, they aren't very big.

It's not unreasonable to think that private prisons could be more successful in California than they have been elsewhere, because prison costs here are so out of line. A series of highly generous contracts with the prison guards union, whose political contributions make it a force to be reckoned with in Sacramento, contributed to a 32% jump in the corrections budget between 2006 and 2009, until the financial crisis forced legislators to make cuts in the corrections budget last fall. California spends far more per inmate ($49,000 a year) than any other state. A shortage of guards not only leads to abuse of the overtime system -- according to a September state audit, nearly a third of base-level correctional officers make so much money working overtime that their annual salaries exceed those of managers two pay grades higher -- but the guards have negotiated such bountiful benefit packages that it's actually cheaper for the state to continue paying overtime to older officers than to hire new ones to end the staffing shortage. The audit concluded that it costs between $3,200 and $7,800 more per inmate annually to house them in a California prison than in a comparable private facility.

Yet that doesn't necessarily suggest that privatizing the prisons is a good idea -- and it doesn't come close to suggesting we could lower the prison budget to 7% of the general fund solely through privatization. California's prison population has soared in the past two decades because the voters have passed ever-tougher sentencing laws while also tying the hands of judges to give them less flexibility in setting terms. Privatization won't solve either problem.

Moreover, private prisons come with a host of complications and trade-offs. Perhaps most serious is a loss of accountability and transparency. It's already hard for the public to find out what's going on behind the barbed wire, but abusive behavior by guards, inmate violence, accounting shenanigans and other common prison woes would be even further shielded under private control. What's more, the state might only be trading one influential lobby (the prison guards) for another (private prison operators and the communities that rely on them for jobs). Creating a prison-industrial complex with a financial incentive for locking people up could distort state politics, escalate prison spending and encourage overcrowding at least as much as the current system does.

The debate over prisons is in some ways similar to the debate over education, in which free-marketeers battle organized labor over charter schools. We think charters are a worthwhile experiment that can help make public schools better -- and the same could apply to private prisons, if they're given proper oversight. California already has a handful of private lockups, but they are very low-security facilities. We'd favor a change in union contracts and state laws that would allow privatization of a few higher-security prisons, so the impacts on costs and accountability could be assessed.

In other words, Schwarzenegger has a terrific idea for a pilot program. But to suggest that such an untested and possibly dangerous experiment is the solution to our prison problems, or that it could quickly produce a dramatic drop in expenditures, is disingenuous and irresponsible. What's needed is for the Legislature to do the job it failed to do last year and approve more meaningful parole reforms to get nonviolent drug addicts out of cells and into rehab, create a commission to revisit California's draconian and ineffective sentencing laws and take other steps long recommended by criminal justice experts to reduce the inmate population.

Prisoner Solidarity: Urgent Call-in for Jamie Scott.

These women were thrown away fifteen years ago - for life. They don't mean anything to the state. They're worth a lot to their families, though - and could probably do a lot of good for the rest of us educating others about wrongful convictions, racism, and harsh sentencing practices.

I've posted about the Scott Sisters before - here's a link to a brief article in Huffington about them. Please take a minute and call the folks in Mississippi - you'll probably just get a voice mailbox, as I did. Leave your message anyway - they'll be counting them up. 

I've been in touch with this prison before, and they respond, but not with anything meaningful - just PR stuff.  Let Mississippi know you want Jamie to get the best medical care there is, immediately, and that her sister should be allowed to be by her side. Go for Epps - confront him on the BS about the excess cost of Gladys providing the kidney.

Here's the link to an article in the SF Bay View about Jamie's son and his efforts to liberate them both.

We have got to figure out a way to get all these people free from prison.

After you do your part, hit their blogspot or facebook page and leave a message, or send their mom, Mrs. Rascoe, a quick email letting her know what you did (rqueenbee2222@yahoo.com). It matters to her spirit, too, to know that people out here are responding to their calls for help. They need us to come through for them, and it really doesn't take much.



---------
Subject: 1/18/10 EMERGENCY ACTION ALERT! ~ Jamie Is In Need of Immediate Medical Attention

1/18/10 EMERGENCY ACTION ALERT!


Mrs. Rasco just received a phone call from Gladys Scott that both of Jamie Scott's kidneys have shut down and that she has been in the prison infirmary since last Saturday hooked up to IV fluids with a heavy build-up of toxins in her body.  Jamie has yet to be sent to a hospital due to "paperwork."  Jamie pleaded that Gladys not contact their mother because she didn't want to burden her with anymore worry on top of caring for all of the children.

Gladys has offered to donate a kidney to Jamie and was told that she cannot because she is a state prisoner
and that it would be too expensive.  The greatest heartbreak of all is that Jamie has asked to be allowed
to die because she wants to come home so badly and no longer believes that it will ever happen.

JAMIE SCOTT, #19197, MUST BE TAKEN TO THE HOSPITAL IMMEDIATELY!  Her physical and mental state require the highest levels of professional care.

Margaret Bingham, Superintendent of Central Mississippi Corrections Facility
(601) 932-2880
mbingham@mdoc.http://www.facebook.com/l/cc872;state.ms.us
FAX: (601) 664-0782
P.O. Box 88550
Pearl, Mississippi 39208

Christopher Epps, Commissioner of Prisons for the State of Mississippi
601-359-5600
CEPPS@mdoc.http://www.facebook.com/l/cc872;state.ms.us
723 North President Street
Jackson, MS  39202


Emmitt Sparkman, Deputy Commissioner
(601) 359-5610
esparkman@mdoc.http://www.facebook.com/l/cc872;state.ms.us

O'odham Solidarity Across Borders and the Phoenix Class War Council.

This is what's really going on, here, folks. This is an amazingly astute critique of our border issues and the contemporary civil rights movement in the Southwest US.  These people have been organizing on my periphery around a number of issues (like the 202 loop proposal); they're predominately young people, very passionate about matters of social justice and universal human liberation, and acutely aware of the fact that our political and socio-economic systems are brutalizing and killing people every day. I just didn't quite get what was going on with everyone here until now. It's pretty awesome. This is way beyond our traditional liberation movement stuff - they open up all sorts of possibilities the mainstream dialogue - even of the "Left" - never touches on. 

There really is no way to remain neutral once you think about what this says. No wonder the cops headed straight into them. Now that they're out there, the state will do everything it can to criminalize, contain, and destroy them. We need to lend them our support, so read up, because the state sure has by now, and is preparing more propaganda to go with their account of the protest Saturday. We need to be ready to refute that, and call them on their stuff.


The post comes from the O'odham Solidarity Across Borders Collective blogspot. Go there or to the journal of the Phoenix Class War Council to learn more.
---------------

Call for the Diné, O'odham, anarchist/anti-authoritarian bloc at the anti-Arpaio rally

Thursday, January 14, 2010

The following is a call for a united Diné, O'odham, anarchist/anti-authoritarian bloc at this Saturday's (January 16th) anti-Arpaio march in Phoenix. The text of the article was developed and circulated initially by O'odham Solidarity Across Borders and our comrade collective the Phoenix Class War Council over the last month. Several meetings took place and comments were solicited and received by comrades in town and throughout the state in order to clarify and expand our critique.

While this article does not and could not represent a complete articulation of the problems we see, it is an attempt to move towards a broader dialog within the movement, to point out perceived errors and to suggest another way of looking at the issue that we think could prove useful. It is, in a way, a statement of some of our common principles but it is not by any means the end of the conversation....


Introducing the Diné, O'odham, anarchist/anti-authoritarian Bloc!

Welcome:


The O'odham Solidarity Across Borders Collective and the Phoenix Class War Council send you greetings from occupied O'odham land. We also would like to invite you to participate with us in what we are loosely calling the Diné, O'odham, anarchist/anti-authoritarian Bloc. We hope to use this formation on the streets at the January 16th march against deportations in Phoenix to project a vision for a different mode of resistance that breaks with the stilted, uncreative status quo that dominates movement organizing in town. This document is our explanation of the type of force we would like to put out there and why we think its necessary.

Who?

We call on everyone tired of holding a sign and marching in endless circles while our lives come under increasing attack; everyone sick of a protest culture of self-sacrifice, defeat and witness; everyone who wants to stand up against the injustices that surround us; everyone interested in creative resistance rather than ritualized demonstrations; everyone tired of seeing our lands divided and destroyed and our movements tracked, tabulated and restricted.


What is the DO@ bloc?

We are an autonomous, anti-capitalist force that demands free movement and an end to forced dislocations for all people. We challenge with equal force both the systems of control that seek to occupy and split our lands in two as well as the organized commodification of every day life that reduces the definition of freedom to what can be produced and sold where and to whom, and compels our social relations to bend to the very same pathetic formula of production and consumption. Capital seeks to desecrate everything sacred. We hold lives over laws and human relations over commodity relations.

We recognize what appears to be an unending historical condition of forced removal here in the Southwestern so-called US. From the murdering of O'odham Peoples and stealing of their lands for the development of what is now known as the metropolitan Phoenix area, to the ongoing forced relocation of more than 14,000 Diné who have been uprooted for the extraction of natural resources just hours north of here, we recognize that this is not a condition that we must accept, it is a system that will continue to attack us unless we act.

Whether we are migrants deported for seeking to organize our own lives (first forced to migrate to a hostile country for work) or working class families foreclosed from our houses, we see the same forces at work. Indeed, in many cases the agents of these injustices are one and the same.

The sheriff's deputy evicts and that same cop deports. It's no coincidence that Maricopa County Sheriff Arpaio's office is in the Wells Fargo building. On Tohono O'odham land, the Border Patrol captures migrants and also harasses traditional elders seeking to exercise their rights to free movement. It turns sovereign land into an armed camp surrounded by checkpoints in the finest Nazi fashion and divided in the most unnatural way. Wackenhut profits from the transportation of migrants held captive by the prison system and at the same time it patrols the city's light rail stations. The same cameras that watch the border also watch our streets and populate our freeways, tracking our every move. These systems of control and dislocation overlap and affect all of us and, increasingly, they are everywhere. Wherever people organize in libertarian ways to resist the compulsory disarrangements of Capital, we are in solidarity with them.

Further, we categorically reject the government and those who organize with its agents. And we likewise oppose the tendency by some in the immigrant movement to police others within it, turning the young against movement militants and those whose vision of social change goes beyond the limited perspective of movement leaders. Their objectives are substantially less than total liberation, and we necessarily demand more.

Also, we strongly dispute the notion that a movement needs leaders in the form of politicians, whether they be movement personalities, self-appointed police or elected officials. We are accountable to ourselves and to each other, but not to them. Politicians will find no fertile ground for their machinations and manipulations. We have no use for them. We are anti-politics. We will not negotiate with Capital, the State or its agents.

Why?

In the last year we have seen signs that there might be openings for a new story to emerge. Almost a year ago we together led the march into the street, much to the chagrin of the leadership of the movement and the excitement of those who joined us, releasing themselves from the humiliation of marching on the sidewalk. Then, in October we challenged and shut down the National Socialist Movement, again leaving egg on the faces of those who in advance had denounced the action. A little more than a month ago what was to be just another boring leftist protest outside an Arpaio speaking engagement got out of control. Anarchists occupied the lobby where a large rally then followed, while other comrades, inside the forum, burst into song, driving the much-hated county cop from the stage. Movement leaders could only look at their hands. They have lost the initiative.

And well that they have, because the movement has failed and to continue on this course is suicide. Tens if not hundreds of thousands of migrants have been deported or self-deported themselves out of fear of attack by the State and vigilantes. The expansion of the attack on migrants, with its ubiquitous border cops and checkpoints, has spilled out onto indigenous communities and even those traveling the highways. Few are unaffected. Unable to conceptualize a framework for building resistance that can both protect those under attack and push forward to the offensive against the racist system as a whole, the movement now cries out for new ideas and creative action.

The movement has a dual problem of respect and identity. Internally, colonial relations often prevail. Age old, far off empires are evoked as justification for the marginalization, abuse and exploitation of peoples indigenous to the area. A general attitude of tokenism and disrespect dominates rather than genuine solidarity. And what was originally an honest desire to interrogate indigenous roots amongst many has morphed into something more like the colonialism of the Mexican and American states. This isn't a healthy relationship.

That said, we think now could be our time. If we take advantage of this opening we can continue to push the movement towards more interesting and, in the end, successful actions. We can remake the discussion from one of internal colonialism and self-sacrifice into one based on free movement, the resistance to dislocation and anti-colonialism. We can introduce ideas of self-organization, autonomy and direct action, as well as criticisms of Capital and the State. We can shatter the death grip of the movement zombies and make a move towards building a force that can challenge more than just one sheriff in one county in Arizona.

We think the argument for free movement and against dislocation offer opportunities that currently elude the movement because of the inherent limitations of the debate as it now is being presented. The demand for free movement represents a rejection of all controls on travel and necessarily subverts the ever-expanding reach of the State and Capital. Likewise, the opposition to dislocation offers a framework on which to build resistance, something sorely lacking. After all, a foreclosure is a dislocation just like a deportation is. Expanding the argument this way also challenges the prevailing internal colonialism and tokenism, treating the struggles of indigenous people in Arizona with the dignity and respect they deserve.

The argument as it is now framed in the movement is a moral one. And yet many, especially whites, are not persuaded by moralism. Whiteness is a political position, not a moral one. Whites oppose the immigration movement not because they are immoral but because they seek to defend their relatively privileged position. If we remake the argument in a way that brings them into the circle so that they see that they, too, are under attack, then we think all bets are off about what we can do.

The revolution will not be televised.

This man is amazing.

An Evening with Gil Scott-Heron: 9 p.m. Jan. 18. Accompanied by a three-piece band, Heron will perform pieces from his long career, as well as tracks from his new album, "I'm New Here." Presented by Black Pearl Poetry. $30. Madcap Theater, 730 S. Mill Avenue, Tempe. 480-634-5192. www.madcaptheaters.com.

Arizona Department of Corrections History.

How could the abuse that Marcia Powell experienced have possibly been a shock to anyone in power at the ADC? They've been defending that kind of behavior for a long time. Stewart is a disturbing man. Ryan was his protege, by all accounts. Ryan's tenure consulting with Iraq's prisons isn't mentioned here, but he made it over there in time for the scandal.



I hope you begin to show us something new at ADC, Ryan.

How can you not keep track of fires at the prisons, anyway?How can those facilities even be open? And why wouldn't you tell the rest of us about those repairs being turned down - we'd have given the legislature hell and got that funding approved or had some folks sent home. You can't be imprisoning people if you can't keep them safe - if you were a nightclub, you'd be shut down and charged with all sorts of things - and that's if nothing even caught fire and no one died. You're just waiting for someone to die before you have to do anything about it. 


We can't afford to wait for that.


What other population that the state has custody of is left to languish locked inside fire traps? Maybe we better check all the institutions to make sure...

That must be some kind of constitutional violation - stripping someone of their liberty and trapping them someplace you can't safely evacuate. We saw what happened to the guys in New Orleans when the guards abandoned their posts, leaving them locked up to drown.



Anyway, here's ADC's darker side, Terry Stewart. He's the one who seemed to think that it was okay to ignore sexual abuse and to punish prisoners for days on end with exposure to the elements. It's a wonder he didn't kill more prisoners than he did.


-------------

FOR IMMEDIATE RELEASE: June 2, 2004

Schumer Reveals Fourth Corrections Official With Checkered Record In Power Position At Iraqi Prisons 

Former head of Arizona prisons turned a blind eye to sexual abuse of female prisoners by male guards including rape, sodomy and assault

Evidence mounts: Fourth civilian with shocking record of tolerating prisoner abuse hand picked to oversee reconstruction and running of Iraqi prisons


U.S. Senator Charles E. Schumer today revealed evidence that a fourth civilian who served in a position of power in the Iraqi prison system had a troubling history of tolerating and defending prisoner abuse while serving as a corrections administrator in the United States. Senator Schumer also called upon the Department of Justice's Inspector General to investigate how so many US prison officials with checkered records were selected by the DOJ to oversee the sensitive and important project of reconstituting the Iraqi prison system.

Schumer revealed that Terry Stewart, one of a handful of former prison officials recruited by the Department of Justice to help rebuild Iraq's prison system, came under scrutiny for numerous incidents involving the mistreatment of inmates while serving as the head of the Arizona Department of Corrections from 1995-2002.

In 1997, the Department of Justice Civil Rights Division named Stewart in a suit brought against the Arizona Department of Corrections concerning a pattern of sexual assault against female prisoners by male prison guards. Stewart was charged with knowingly turning a blind eye to repeated incidents of sexual abuse by guards against female prisoners ranging from sexual assault, rape and sodomy to watching female prisoners undress and use the restroom. The suit was eventually settled after the Arizona Department of Corrections agreed to make major changes in numerous prison policies.

Under Stewart's watch prisoners at Arizona facilities were also made to stand outside in the summer for up to four days in the summer and for up to 17 hours in the winter without sanitation, adequate drinking water, changes of clothing, proper food or protection from the elements. In a third questionable incident a class action suit was brought against the Arizona Department of Corrections during Stewart's tenure charging that the prison system had failed to properly use protective custody to shield certain at-risk inmates from harm.

“How four individuals with such checkered pasts could be placed in positions of power in Iraq's prison system defies reason and demands explanation,” Schumer said. "The fact that Terry Stewart turned a blind eye to sexual assault perpetrated by guards under his watch is appalling. Every revelation leads to further questions, and to further silence from the Department of Justice. I wish Attorney General Ashcroft would at a minimum explain what kind of vetting system, if any, was in place for such high level appointments to such sensitive posts."

Stewart joins John Armstrong of Connecticut and Lane McCotter and Gary DeLand of Utah as members of a growing list of civilians with checkered records who were placed in positions of power overseeing the reconstitution and running of Iraq's prison system. While serving in Iraq McCotter and Stewart even dubbed themselves the "Baghdad Duo" while traveling the country in their roles working for the Department of Justice.

Schumer's revelations concerning Stewart come on the heels of his discoveries concerning John Armstrong, who was forced from his post as the head of Connecticut’s corrections department for defending abuses of prisoners before eventually serving in a high-ranking management position overseeing the Iraqi prison system. While running Connecticut’s prison system, Armstrong made a practice of shipping even low-level offenders to a supermax facility in Virginia which was notorious for its use of excessive force - ranging from unjustified use of stun guns shooting 50,000 volts through prisoners to locking inmates in five-point restraints for such lengthy periods that they were routinely forced to defecate on themselves.

Armstrong resigned under a cloud of credible allegations that he tolerated and personally engaged in the sexual harassment of female employees under his command.

Lane McCotter, who had a similarly disturbing history of defending inmate abuses, was also tapped to be one of four individuals sent by the Department of Justice to redevelop Iraq’s prison system. McCotter was forced out of the top spot in Utah's Department of Corrections when a schizophrenic prisoner died after being strapped to a chair naked for sixteen hours. His record was further tainted when the DOJ investigated a New Mexico prison that was run by a private corrections firm that employed McCotter for failing to provide inmates with a safe environment and adequate medical facilities.

Gary DeLand served in the same position later held by McCotter, as head of Utah's Department of Corrections, in the late 1980's. According to Salt Lake City Mayor Rocky Anderson, Deland was well known for the "sadistic" manner in which he ran the state's penal institutions. DeLand was also recruited to help reconstitute Iraq's prison system, including Abu Ghraib.

"A pattern like this just doesn't happen spontaneously," said Schumer. "It is time for the Department of Justice to explain how lightening managed to strike four times in the same place. This why I am calling on the Inspector General to investigate how the United States government manage to send four individuals with histories of involvement in prisoner abuse cases to oversee a prison system that is now notorious for prisoner abuse. Given the far reaching impact of the revelations of abuse at Abu Ghraib it is vital that we answer this fundamental question, and we must answer it soon."

Sunday, January 17, 2010

Free the Phoenix Five. Charge the Phoenix PD.

Here's the footage I told you would be coming: this is why the MCSO won't be able to get away with their racial profiling, either. Everyone has a camera, and the truth exposed usually plays out in our favor.  Last word I had this PM was that Channel 5 aired footage showing that the PPD was clearly the aggressor, and that they were even calling for an investigation of the Phoenix PD's conduct at the march. Can't find any evidence of that on their website though - still the same BS article from yesterday.


Here's the link to Brian Wilkins' blog again, by the way, for another account of the police attack on protesters. He promises to follow what's happening with each of them - maybe we can do a  CourtWatch for them together. You can find a couple of video links to the police at the protest there as well.


The "Phoenix Five", by the way, is how our comrades were referred to today by anarchists/prison abolitionists in the Netherlands. 

They send their best. 

Here's a link they led me to:


The woman who posted this video also posted one prior to it, with the following comment: 

"... the pigs who pepper sprayed us!....Unfortunately, I don't have the police officer's name but she is the one who f****d up! no one was throwing rocks or water bottles as it has been reported by the media (who was not present)...I was there, just behind the "anarquist in black"....innocent people were affected by pepper spray including a young girl (about 4 yrs old), my underage cousins, and many many more! STOP POLICE BRUTALITY....STOP THE PIGS!!!!"

---------------

The links below came via Matt with the Phoenix Immigrant Rights listserve. I bet a lot of this footage was thanks to Copwatch. I'm sure more has yet to be edited and posted, so stay tuned.


Anti-Arpaio Human Rights March 1/16/2010

VIDEOS

LOCAL NEWS REPORTS
http://blogs.phoenixnewtimes.com/bastard/2010/01/scuffles_between_anarcchists_a.php

NOT LOCAL ARTICLES
http://www.huffingtonpost.com/dawn-teo/protest-against-americas_b_425970.html

Governor Brewer: Help Prisoner Tripati.


This fellow's name came to my attention not long ago and I began doing some research on his case, trying to figure out how best to help him. This is from Brian Wilkins' blog, Operation Nation. I think this is the first I've seen of it. I'll have his post about the protest to link to as well.

Anyway, check out Tripati's story - I've seen some of the documents associated with it - explicit orders to restrict his access to legal services, etc. because what he has to say can be damaging to the ADC. Boy is Ryan going to be done with me. You wouldn't believe how many of these folks are coming out of the woodwork now. We could profile a new prisoner every week. And everyone says the same thing about the ADC tearing up their cells and confiscating legal documents that might be used against them. That seems to be the standard M.O. there.

Now, who’s the dangerous criminal, here?

I think the legal system is far too slow when it comes to getting relief for these guys. I don't know who to call for help. Hit the DOJ up again for another CRIPA investigation? I think this tactic of characterizing prisoners' grievances and lawsuits as harassing annoyances to be disappeared instead of problems for the ADC to fix has a lot to do with the institutional culture that allowed Marcia Powell to die at the hands of 16 ADC employees. At some point the public just needs to start holding htese people accountable, and stop waiting for "justice" to do right by them. Justice has already discarded them.

I can say that we're watching what happens to Mr. Tripati now, as are our allies (identified in the letter to Byron Chubbuck's warden, below). Writing him off as crazy won't phase me - I know lots of crazy people who are right on about what the state's up to. Really, the fact that there's been so much effort put into discrediting and silencing Tripati – straight from the director's office - tells me there must be something to what he has to say. So, I'm going to keep researching. Anyone who knows anything about this guys' case - or others like it - drop me a line. Mrs. Tripati – let us know how we can help.

I would expect the ADC to take real good care of Mr. Tripati, now, so it doesn't appear as if they're just retaliating again. If they haven’t done anything wrong, he should be free to communicate with others and proceed with his legal case against them. Isn’t that what the cops always tell us – why hide anything if you’re innocent?I think some of us should start writing to him to show our support, and make sure we know he’s okay – I’ll post his contact info soon.

I also think it would help if a few people printed this post  up and mailed it to the governor’s office, so they know some of us are following how they deal with Mrs. Tripati’s request. It should put them on notice that we expect them to be responsive and responsible, and will document their follow-through. At the very least, they could answer her appeal to at least release him to the Fiji government to serve out the rest of his sentence there (see the pdf link to her past letter). This woman is pleading for her husband's life.


As for the Governor and the legislators the Tripati family has appealed to – shame on all of you. Don’t you have any idea how often  people are getting really screwed by this system? Your system? Arizona citizens are appealing to you for help, and you’re just ignoring these people and their families whenever they surface. How can what Tripati has to say about the county attorney’s office be any less believable than the truth we see unfolding in Maricopa County politics today? 

Have you even bothered to turn these letters you’re getting alleging criminal conduct at the ADC over to the feds? Even to the state police? Isn’t it your legal duty as an elected official or public servant to report possible abuse of institutionalized persons when it comes to your attention? That means more than just giving Ryan’s office a heads-up and telling him to deal with it. You can't just be filing these away, are you? Burying them?

People suffer and die in your prisons unnecessarily, and you appear to keep walking on like they were irrelevant – just like the guards who ignored Marcia Powell. So it’s not just the ADC, I guess – it’s the whole lot of you who have dismissed this man. Democrat, Republican – doesn’t matter. Anyone who has blown this guy off is invested in protecting the state before the people.

That’s why you all have to go.

What follows is directly from Operation Nation’s blog.
______________________________


UPDATED 1/15/2010: Ryan Accelerates Attempts To Murder Tripati...And Cover It Up

One day after Mrs. Kristnamma Tripati sent a letter to Governor Jan Brewer and the state legislature, ADC Director Charles Ryan seems to have ordered his goons to withhold food from Mr. Anant Kumar Tripati until he starves to death. Ryan will then tell media that Mr. Tripati was on a "hunger strike" to justify the murder. Mrs. Tripati wrote a second letter to the governor, also detailing how ADC employees are now stealing and destroying legal documents pertinent to Mr. Tripati's continued appeals.

Here is the entire text of Mrs. Tripati's second letter to the governor.

-----------------

January 14, 2010

Honorable Governor Brewer,


Immediately after I wrote to you to draw your attention to mistreatment by the AZDOC that almost killed my husband Anant Tripati 102081, Special Security Unit (SSU) Staff Murphy, Sgt. Turner and a female officer seized all legal documents (3 boxes) that my husband had, including confidential legal communications between my husband and his legal counsel. I can only assume that this was ordered by superiors in the AZDOC in retaliation for the letter that I wrote to you.


SSU Murphy then went on to make copies of these documents and provided these copies to ADOC’s legal services without his authorization since the documents contained confidential legal communications between my husband and his lawyer.  My husband became aware of his missing documents when he was provided with a receipt with Officer Soto’s signature documenting that SSU Murphy and Turner had taken away his legal material.
  


To further aggravate the situation, instead of implementing treatments ordered by doctors, the AZDOC director Charles Ryan has ordered that my husband shall be treated as being on a ‘hunger strike’. According to my husband, threats were made by Deputy Warden Anna Jacobs, who told him if he does not eat whatever is provided, he would be segregated.


As stated in ADOC Department order 1101.13, it does not give the department Warden the power to determine these matters but sets forth a process that must be followed. Prison rule states only health service staff can make such decisions.

I request all originals and copies made by SSU Murphy to be returned forthwith to my husband and appropriate disciplinary actions be taken against SSU Murphy, Turner and others involved. Furthermore, I request this retaliation to stop immediately.

Respectfully,

Krish Tripati

-----------------------------------------

Post by Brian A. Wilkins
1/12/2010


In a letter to Arizona Governor Jan Brewer and several Arizona lawmakers (see entire letter in PDF format here), Mrs. Kristnamma Tripati is demanding her husband be given the medical treatment he needs to survive what appears to be an attempted murder by the Arizona Department of Corrections.


Mrs. Tripati is the wife of Mr. Anant Kumar Tripati, the man being held in a state prison because he discovered documents proving race-based law enforcement in Maricopa County back in the early 1990s. He was sentenced to 52.5 years in prison back in 1992, even though all the alleged "evidence" Maricopa County had against him has been completely debunked. And beyond this fact, Mr. Tripati was arrested in the early 1990s by Maricopa County attorney's Richard Romley, Gunn McKay, and Donald Conrad when he was working and living in Los Angeles, CA; which is obviously out of the jurisdiction of Maricopa County; and county attorneys do not have the power to arrest anyone even in their own jurisdictions.


This past Saturday, Operation Nation learned from Ms. Aradhna Tripati, Mr. Tripati's daughter, that her father's blood pressure had dropped to 70/35, which is about as close a human being can get to being dead without actually dying. Then yesterday, we received a copy of the letter Mr. Tripati's wife sent to the Arizona legislator, which puts the "Interim" Director of the AZ D.O.C., Charles L. Ryan, on full notice of his malfeasance, and frankly, his attempt to murder a man who holds the keys to a possible federal criminal investigation (or a revolution by the people, which is more likely) into the practices of the Maricopa County Attorney's Office and the A.Z. D.O.C.


To quickly summarize the letter to the governor, Mr. Tripati's wife confirms the obvious: that this Ryan character has been "outright deceitful" about Mr. Tripati's condition and medical treatments, and that Ryan, "has incentive to be deceitful, as the behavior of him and his employees are the subject of complaints." The letter further states that Mr. Tripati is being denied his special diet (which is a prisoner's right), which is the cause of his declining health. A few other highlights from the letter are as follows:

-The Arizona D.O.C.'s obvious policy of destroying documents which incriminate them.

-The condoning of the use of death by overriding doctor’s orders, specifically by Corrections Officer Gene Greeley, as a tool of last resort for permanently covering up falsification of  evidence by the State Agents.

-The Arizona D.O.C. is "cowardly" for saying Mr. Tripati is "uncooperative" because he refuses to allow them to stick needles in him to allegedly draw blood (this sounds all too familiar to me...obviously there is no telling what these people will try and inject into Mr. Tripati).

Before all the Maricopa County and Arizona government apologists come to Intern Ryan's defense, and accuse Mrs. Tripati of being out of touch, paranoid, or whatever other adjectives they may use, let's look at who this Ryan character really is.

Those of you living in Arizona will remember the story of Marcia Powell, the 48-year-old woman who was left to cook and die in a Perryville Prison outdoor cage for over four hours without water or shade back in May of 2009, when temperatures were well over 110 degrees.

I realize that Ms. Powell is not very attractive, nor is she a dog or cat stuck in a tree...just a human being convicted of prostitution, so few people, especially media and government, will care about her. What makes her life even more important is the fact that Intern Ryan ordered the de-facto murder….


…I assume Mrs. Tripati's letter will be ignored by Governor Brewer and the state legislature, as these people all cover for one another and all are striving for higher paying positions with more power. I also realize many people just assume if someone is in prison, they deserve it, so will discount the true story of Mr. Tripati.

But for those who refuse to accept the obvious truths about Intern Ryan, his policies, and his training are part of what I call the blind patriotism in which tyranny depends on to work. Welcome to The USA, the land of blind patriots.


RELATED ARTICLES:

Anant Kumar Tripati, Maricopa County Race-Based Justice, and My Situation (updated 10/19/2009)

PHX Class War Council: Protesters Attacked by Police.

As I suspected, the media and police are full of it.  Here's the story about the real disruptive elements in the protest yesterday, from a credible source...along with a very good critical analysis about the bigger issue. Fires Never Extinguished is the journal of the Phoenix Class War Council. 

Way to go, folks.

This is from them:

------------

Saturday, January 16, 2010

Phoenix PD attack protesters at anti-Arpaio March

We couldn't agree with Sal Reza more when he says, "There was provocation by some groups who came here for their own purpose to disrupt a peaceful march." We know he isn't talking about us, because Tonatierra invited members of the Diné, O'odham, anarchist/anti-authoritarian bloc on stage to speak at the rally at Falcon Park.

So, who is the outside faction Sal's talking about? In our opinion it must be the Phoenix Police. Unprovoked, a female officer on horseback (who later covered her name on her uniform) charged her horse headlong into the march, colliding with several people and in the process almost running over at least one child in a stroller. After attacking families and protesters, she then whipped out her pepper spray and let loose on the whole crowd, who fled the noxious spew. In the process, children were blasted with pepper spray.

After that, other Phoenix PD officers stormed the crowd, violently attacking marchers, dragging several to the ground and further deploying their chemical weapons from all directions in an attempt to justify their their aggression by nabbing a few people. Dozens were so affected that they were soaked in chemicals, having to strip off clothes to stop the burning. Street medics (not Phoenix Fire Department) and other protesters came to each others' aid. At the end of the melee, out of the more than a hundred that marched together, four of our comrades were in chains and countless others stood bleeding, bruised and momentarily stunned.


Still, shaking it off, we rallied, facing down the cops, until eventually they withdrew. We celebrated and took turns speaking out about what it's like to be under attack by a system that values property and power over people.

Indeed, during the entire march the Phoenix police had been provoking marchers. Riding bikes and golf carts into people. Pushing and shoving. For what? To keep one northbound lane open? Rather than assaulting people expressing their legitimate desires to see an end to oppression, why not shut down the street? Cops do traffic control all the time. What's wrong with PPD? Why, for instance, is it somehow possible for Tempe PD to shut down Tempe streets tomorrow for the corporate schlock that is "PF Chang's Rock n' Roll Marathon" tomorrow but not for PPD to close off a few streets so that people can assemble without threat of attack? Truly a backwards system indeed!

The police have so far put forward several different explanations for what happened, all of which contradict each other. On one channel they say that they were breaking up a fight. On another they say that people were throwing bottles. And on and on. What'll it be in five minutes, we wonder? The contradictory stories ought to be your first clue that what they're claiming happened didn't in fact happen. No surprise that the media swallowed it. But if we know they're lying, we have to wonder why anyone else would defend their actions?

Did people fight back against the police assault. We don't know because our eyes were full of pepper spray, but we wouldn't begrudge them if they did. To be charged into by a twelve hundred pound horse, while attacked by thugs using chemical weapons necessarily evokes the instinct to fight back, especially when your enemy is so vile as to assault children. Police demand the impossible from people. They expect you to allow them to attack you while at the same time demanding that you suppress your gut, human tendency to defend yourself. There is nothing "peaceful" in that relationship.

That sort of power relation is one that condemns those who resist while exonerating the violence of those from above. It reflects the current distribution of power -- a distribution we want to change drastically. This is as unnatural as fighting power without taking action. Movements, like people, have a right to self-defense. For us, that has to be in the form of direct action and civil disobedience against the system. It must be made not to work unless our demands are met. No more mediation through shady politicians. No more appealing to power through moral arguments. We can take our futures into our own hands, directly.

Still, we're not surprised that the police attacked. While it seems the leaders of the movement are eager to make excuses for police who attack children, we know that what we saw today is but a glimpse of what the cops do everyday. We see it with our own eyes. They are the outside, alien force that first and foremost defends white supremacy and capitalism. How can someone say they are organizing a "peaceful march" when they work with such sadists? Anyone who was at the point in the march where the attack took place obviously recognizes that the only physical threat to the march was from the police. No one in the march was at any time under threat from anyone in the march. Understand that and you also understand that naturally the cops were going to attack the march eventually, especially considering the militaristic fashion in which they deployed. Phoenix PD deports more migrants than Sheriff Joe and yet we are told that we ought to give them a pass so that we can focus on that clown Arpaio? We saw today just how foolish that strategy is.

In our eyes, this is but a symptom of the failure of the strategy being pursued by the movement as it is. White supremacy in Arizona goes far beyond one ancient sheriff in one county. Ballot measures attacking people of color will almost certainly pass in Arizona yet again this year with 70 or 80 percent margins. Is this Sheriff Joe's fault? Obviously not. But marches against Joe won't stop that.

We need a broader movement with a critique beyond Joe so that we can challenge the whole problem -- one that stretches from Tohono O'odham land down south to the land of the Diné up north. And everywhere in between. And we need to break from this mode of organizing that can only deliver more oppression and more violence down on our heads. No more politicians. No more working with cops. Look what it brings.

This is why we supported the call for the Diné, O'odham, anarchist/anti-authoritarian bloc. For someone to say now when it is inconvenient that we are an outside force is to replicate the marginalization that for centuries has dominated the discourse around land and movement in this region. But PCWC's native comrades didn't come from outside. They were always here. And we stand with them.

http://firesneverextinguished.blogspot.com/2010/01/phoenix-pd-attack-protesters-at-anti.html

Arizona DOC: Image is Job 1. Prisoners are expendable.

The Arizona State Legislature needs to be fired and most should be prosecuted for dereliction of duty, neglect of the civil rights of institutionalized persons, and anything else we can possibly convict them of. And ADC administrators. This year. I can think of a few judges to add to that list.  They carelessly sentence people to prison, won't let our loved ones home a few months early, and are well aware of the hazardous conditions they've condemned them to. This is criminal.  

How can Ryan seriously say they're doing enough for fire safety? This is BS. The unions should be up in arms, at least; what's their problem? Maybe since they aren't the ones locked in without the keys in case of fire, it's not as big a deal. 

Where in the hell is the 9.5% of the state budget that we put into Corrections in this state going to, anyway? It's not to the prisoners - they have to pay for even toothpaste and toilet paper themselves. It's clearly not to the upkeep of facilities. And it's not to the employees - they've been getting cut and trimmed all over the place. I wonder how much money they've invested in covering all this up...surely employees and prisoners have complained plenty. Do they just file those grievances as solved, or dismiss them as unsubstantiated? What are they doing with grievances they don't feel like dealing with?


Good job, Arizona Republic. And Middle Ground. What now? I think this warrants a public campaign and a federal investigation on a number of counts. The feds are way behind in this state...


As for our legislators - Listen to Sinema. The legislature will take it's share of responsibility for this. There is no excuse. You let our people go early now; the prisons are far  more dangerous to them than they are to the public. You may have gutted the rights of prisoners, but don't you mess with their families. They won't wait for you to kill their loved ones before they take you down. If you aren't proactive on the issues they've been bringing to you all this time, then you're complicit with those who would neglect and abuse the most vulnerable people in state custody. 

That's twisted. I'll do everything I can to help them, their family members and their friends remove you from power. With you will go the top layer of the ADC - hopefully before they do too much more damage. The Republican-controlled legislature is the one continuous player through all of this. That's where the responsibility is to fix it, too. Rest assured, if you don't we will replace you promptly.



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Fire risk mounts in Arizona prisons

Pleas for funds to fix safety problems ignored for years

The potential for tragedy looms large at Arizona prisons, where each night more than 31,000 adult inmates and some 550 juveniles fall asleep in dangerous and deteriorating facilities.

For more than a decade, investigators have identified serious fire-safety issues at the state's prisons and juvenile correctional facilities. Fire-alarm systems are obsolete, broken or non-existent. Sprinklers and smoke-ventilation systems required by building codes have never been installed, even in rapidly deteriorating wooden structures used to house juveniles.

Where fire alarms are broken or non-existent, corrections officials employ 24-hour "fire watches" in which employees look for smoke as part of their duties. Intended to be used for a short time until systems could be repaired, fire watches in many facilities have endured for decades.

Today, every Arizona prison is on a perpetual fire watch.

Unsafe conditions put correctional officers, inmates and juvenile offenders in potentially lethal situations and leave taxpayers exposed to millions of dollars in liability should a fire claim lives.

Inspectors' reports paint nightmare scenarios of dorms silently filling up with smoke as juveniles sleep, staffers who can't unlock doors in time to evacuate inmates, and corrections officers who become trapped in their observation posts.

Twice in the past decade, the Department of Juvenile Corrections commissioned studies on how to eliminate unsafe conditions in its facilities. Over the past several years, corrections officials in both the juvenile and adult systems repeatedly requested millions in funding to bring the buildings up to code.

But lawmakers gave them nothing, even as they spent hundreds of thousands of dollars renovating their own buildings. Earlier this year, to save money, the state quit inspecting its buildings - even as many prisons deteriorate at an alarming rate, reports show.

While such rampant fire-safety risks linger, lawmakers want to privatize operations in at least some of the prisons to help close the state's massive deficit.

Last year, Gov. Jan Brewer signed into law Senate Bill 1028, which would allow private vendors to operate one or more of Arizona's state prisons, with a 50-year contract and an upfront payment of $100 million. Two prison facilities were purchased in sale-leaseback agreements last week, though in those cases, the state retains control of the properties.

As the state tries to sell some of its facilities, safety experts warn that prisons with faulty sprinklers and alarms pose a serious danger to occupants.

"You could potentially end up with a fire that might result in hundreds of fatalities," said Robert Solomon, manager for building and life-safety codes at the Boston-based National Fire Protection Association. "It's a lot cheaper to deal with this issue now and find the money wherever you can. If you don't do that and something happens down the road, it's going to cost you a lot more."

Vast system

More than 40,000 inmates are in the Arizona prison system. Of those, 9,000 are serving their time in private prisons. The rest are held in 10 state-operated prisons, where they are overseen by more than 8,000 correctional officers, medical personnel and other staff.

The sprawling complexes are like small towns, with some supporting more than 5,000 inmates and a host of facilities to prepare food, clean laundry and perform maintenance.

The complexes include Army-surplus tents in use since the early 1980s, trailers formerly used by crews that installed the Alaskan pipeline, corrugated steel Quonset huts that date from World War II, houses converted into dorms at Fort Grant and a building in Florence constructed in 1930, in addition to a smattering of more modern facilities.

Many of those structures, particularly the tents and trailers, were brought in as temporary housing to ease overcrowding. Because they were never intended for long-term use, many lack the fire-suppression systems that come with permanent facilities.

In general, the prisons have equipment to cope with the smaller types of fires that happen most frequently, and prison officials rely on nearby fire departments for larger blazes.

While deadly fires in American detention facilities are rare, they do happen. Since 1975, 127 people have died in fires at jails and prisons, according to the fire association.

Safety records

The Republic reviewed hundreds of pages of fire-safety records for the 10 state-run facilities dating back more than 20 years. They included reports from fire marshals, Department of Administration inspectors, the state's loss-prevention division and architects.

Most prison buildings have not been inspected by an outside agency in more than five years. Despite requests for records from the state's risk-management division on what liabilities exist, administrators could produce only one 6-year-old document urging that action be taken.

Arizona law requires state buildings to be inspected at various intervals by multiple agencies, including the state fire marshal, the Department of Administration and the agency responsible for the building. Concerns raised during those inspections are forwarded to the Department of Administration, which puts together a capital-needs proposal and submits it to lawmakers.

The law says agencies "should give priority to fire and life safety projects."

In its proposed capital-improvement plan for 2010, which included pleas for $12 million to improve fire safety, the Department of Administration noted that "properly working fire alarms are a basic and mandatory requirement for office buildings and are particularly important in a secure corrections environment."

The plea was ignored, a year after lawmakers awarded the department $491,000 to replace fire-alarm systems in buildings around the Capitol Mall.

In theory, the state fire marshal could revoke the occupancy permit for a prison or juvenile facility. But the office has never moved to do so.

Numerous violations

Fire safety in any facility involves several basic elements: reducing hazards, detecting smoke and fires, suppressing fires through sprinklers and fire extinguishers, and evacuating occupants.

Investigators have found violations of each of those basic safety tenets in Arizona prisons, and in many cases they have not been corrected.

Fire-marshal reports, state-commissioned studies and reviews from the Department of Administration detail deficiencies back to the late 1980s, though inconsistent record keeping makes it difficult to determine which issues have been resolved. In one report, the inspector noted: "This is a fire trap and should be corrected. ... You've got more guts than me sitting on this time bomb."

That report, on the Tucson prison, came from a fire marshal's inspection in April 1988 that found deficient or non-existent warning or suppression systems.

Another fire marshal, visiting the same facility more than 20 years later, noted that many of the deficiencies remained.

Fire-marshal reports on state prisons from 2003 to 2009 showed deficiencies in many areas:
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