From: FindLaw 10th Circuit Blog
By Robyn Hagan Cain on April 20, 2012
The ADX Florence supermax prison has been described as "the Alcatraz of the Rockies" and "a clean version of Hell." It's not surprising that prisoners hope to avoid the secluded facility in Central Colorado. But should transfer to ADX Florence come with due process rights?
The Tenth Circuit Court of Appeals doesn't think so.
Airplane hijacker Omar Rezaq and 1993 World Trade Center bomb conspirators Mohammed Saleh, Ibrahim Elgabrowny, and El-Sayyid Nosair -- all of whom are currently incarcerated in the federal prison system -- lost an appeal this week regarding their transfer to ADX Florence. The plaintiffs had claimed that they have a liberty interest in avoiding transfer without due process to ADX Florence, where they were formerly housed. The district court disagreed, finding that the plaintiffs lack a cognizable liberty interest in avoiding confinement at ADX.
The plaintiffs were initially assigned to general population units at U.S. penitentiaries. They were each subsequently transferred to the general population unit at ADX Florence between 1997 and 2003. The prisoners claim they did nothing while in custody to warrant increased confinement, and that the government offered no legitimate chance to show that they could return to lower-security prisons. The government said the nature of their crimes made the move necessary, reports The Denver Post. The plaintiffs did not receive hearings before they were transferred to ADX.
In the penological context, not every deprivation of liberty at the hands of prison officials is a constitutional issue because incarcerated persons retain only a "narrow range of protected liberty interests." A protected liberty interest only arises from a transfer to harsher conditions of confinement when an inmate faces an "atypical and significant hardship ... in relation to the ordinary incidents of prison life."
Read the rest here...
Related Resources:
Rezaq v. Nalley (Tenth Circuit Court of Appeals)
Crumbling Prison Doesn't Qualify as Eighth Amendment Violation (FindLaw's Tenth Circuit Blog)
No Credit for Time Served, No Problem (FindLaw's Tenth Circuit Blog)
Pages
Sunday, April 22, 2012
Saturday, April 7, 2012
Plz Sign for Last British Citizen still being held in "Gitmo"
“I Affirm Our Right to Life”: Shaker Aamer, the Last British Resident in Guantánamo, Explains His Peaceful Protest and Hunger Strike
From the website of Andy Worthington
6.4.12
Please Sign Here: http://www.thepetitionsite.com/1/shaker-aamerguantanamo-bay/
This article is the second of two articles providing new commentary by Shaker Aamer, the last British resident in Guantánamo — and reproducing a statement he made about conditions in the prison, with additional notes by Ramzi Kassem, one of his lawyers. The two articles were published simultaneously — here and on the website of the “Close Guantánamo” campaign, and this is a cross-post of the article published on “Close Guantánamo.” Also, if you’re interested in seeing Shaker Aamer freed from Guantánamo, please sign the e-petition to the British government calling for his release (if you’re a UK citizen or resident — whatever your age), and the international petition on the Care 2 Petition Site, which will be delivered to both the US and UK governments.
In a letter dated July 15, 2011, which has recently been unclassified by the Pentagon, Shaker Aamer, the last British resident in Guantánamo, explained why he was embarking on a peaceful protest, which also involved a hunger strike. These reasons are posted below, because they provide a compelling snapshot of the current conditions in the prison, touching on the injustice of holding people for nine years — now ten — without charge or trial, so that they can be legitimately regarded as hostages; preventing them from having contact with their families; and not meeting their needs regarding healthcare and diet. He also criticized President Obama administration for not keeping his promise to close Guantanamo within a year of taking office.
These complaints are valid for all the prisoners still held at Guantánamo (171 in total), but from what we understand, Shaker Aamer is one of 89 prisoners who are still held despite being cleared for release over two years ago by an interagency Task Force established by President Obama. This, of course, is an absolute disgrace, and in Shaker’s case it is compounded by the fact that he was first told he was cleared under President Bush in 2007, and the British government has also been seeking his return for the last five years.
Following the points raised in the letter, below, Ramzi Kassem, a law professor at the City University of New York, who is one of Aamer’s attorneys, explained that, on a visit in January, his client described what took place during the widespread peaceful protest and hunger strike on the tenth anniversary of the opening of Guantánamo (on January 11 this year), and provided further background information regarding his complaints about the food and the lack of communication with his family, and also his frank and obviously very real fears about being killed.
SUBJECT: Peaceful Protest
From GTMO detainee to his lawyer.
I the signatory below, in Camp 5E ["Five Echo," described here] announce the start of a peaceful protest/hunger strike for the reasons enumerated below:
1. The opening and continuing operation of this unjust detention facility for the ninth year of my continuing and indefinite detention in the absence of any real accusation or crimes committed. Therefore I am hostage.
2. The inhumane treatment and deprivation of some of the items we are truly in need of, most important of which are the family calls since they are most critical to our families, especially to those experiencing special circumstances. Therefore, I want these calls to take place on a continuing basis and recur once every 15 days. These family calls ought to last no less than 2 hours with further consideration given to those experiencing special circumstances. I also speak for the regular mail to be made more efficient and provide us with e-mail.
3. The inhumane treatment is taking place at the hospital among other areas especially affecting the sick and those who are on strike and our deprivation of real treatment, health diet and appropriate clothing which are not provided to us nor are we allowed to provide them for ourselves.
4. Not upholding the promise that both your president and government gave on 01/21/2009 concerning the closing of Guantánamo detention facility. Very few people have left ever since although many here have been deemed to not represent any danger for the United States. Therefore, I ask you to establish justice and remove the injustice that has befallen us and our brothers in all detention centers.
By submitting these demands, I affirm our right to life. We want our freedom and the right to return to our homes since I am innocent of the charges (if there were any) you have levied against us. I ask that you establish justice that you claim to be a foundation of your country.
After these years of hardship we have spent here — and which I managed to do only through the grace of God, otherwise I would have lost my sanity — I want you to consider my case as soon as possible and give me the right to a just and public trial or set me free without conditions.
Shaker Aamer (00239)
*****
Following this letter, Aamer was instrumental in organizing a peaceful hunger strike and protest on the tenth anniversary of the opening of the prison, on January 11 this year, which I reported here.
In a meeting with Ramzi Kassem on January 27, he explained that he and another prisoner were “on punishment status” during the week of the anniversary. With an eye for symbolism, they had asked to be issued with orange jumpsuits, which were worn by all the prisoners in the early days of Guantánamo, but were then issued only to prisoners “on punishment status.” However, the Joint Task Force refused, and Shaker found it ironic that refusing to allow the orange jumpsuits to be used was “part of an effort to whitewash the prison’s image.”
He complained that, despite claims that the prisoners are all fed well, the food is, in fact, “all mixed up together: the tuna mixed with the fruit salad, the eggs mixed with the oatmeal.” And then, he said, “there’s the thick, heavy, oddly non-circular shaped pseudo-falafel,” which he has taken to calling the “constipation cube.” He has explained that you could “throw it against a wall and it wouldn’t crumble apart.” As he stated: “You gonna be clogged up. No way you gonna go to the bathroom.”
Aamer explained that the quality of the food improved slightly in the first half of January, in an evidently cynical attempt to keep the prisoners calm on the anniversary, but then became as inedible as ever — so inedible, as Aamer said, that “sometimes even the stray cats he cares for during his recreation time won’t touch it.”
He also explained his fears — that he doesn’t feel safe without the constant presence of attorneys, and the constant threat of embarrassment in the media directed at the prison authorities. Only then, he said, does he believe there will there be “a meaningful check” on the abuse of prisoners.
He has said that he fears for his life, and fears that if, in the course of a “Forced Cell Extraction” by the notorious Immediate Reaction Force (the armored guards responsible for maintaining discipline and punishing infringements of the rules), the guards kill him, they will tell the world it was a suicide. Who knows, he has asked, if the men that the authorities claimed committed suicide truly had — the three men who died in 2006, and the others in 2007, 2009 and 2011? What, he wonders, if, instead of killing him, they paralyze him during one of their brutal beatings?
Touching on one of his major complaints in his letter of July 2011, Aamer stated that he has not been allowed to communicate with his wife and their children in London since a videoteleconference (VTC) arranged by the International Committee of the Red Cross on August 12, 2011, and another with his mother and relatives immediately after Ramadan. The ICRC told him there would be another VTC with his family in December 2011, but that call never took place, and he wonders why. He also wonders why his brother and his family haven’t written to him, or if they know where to send letters.
He also fears that his letters to his family in the UK are not being sent, and has stated that he would like his attorney to find out how many of his letters have been received. Sadly, he has not received any letters from his wife in three years, with the exception of a single letter delivered by the British government via military lawyers for the prison authorities at GTMO.
Aamer asked Kassem if he knew what “SOP” stands for. He replied, “Standard Operating Procedures,” but Aamer told him, “Shit on Paper,” and told him that was the running joke amongst the prisoners, guards, and officers alike.
Shaking his head, and noting that he is now 46 years old, Aamer explained that in the last ten years, he has sat across the table from roughly 200 interrogators, and said, “Some of them were extremely experienced, older than 70 years of age.” However, neither they, nor the countless rotations of guards, have succeeded in breaking his spirit. As he said: “What keeps me happy, what keeps me alive, is that I haven’t surrendered. I tell the guards that even though they are putting shackles on me. I’m still a free man.”
Andy Worthington is the author of The Guantánamo Files: The Stories of the 774 Detainees in America’s Illegal Prison (published by Pluto Press, distributed by Macmillan in the US, and available from Amazon — click on the following for the US and the UK)
From the website of Andy Worthington
6.4.12
Please Sign Here: http://www.thepetitionsite.com/1/shaker-aamerguantanamo-bay/
This article is the second of two articles providing new commentary by Shaker Aamer, the last British resident in Guantánamo — and reproducing a statement he made about conditions in the prison, with additional notes by Ramzi Kassem, one of his lawyers. The two articles were published simultaneously — here and on the website of the “Close Guantánamo” campaign, and this is a cross-post of the article published on “Close Guantánamo.” Also, if you’re interested in seeing Shaker Aamer freed from Guantánamo, please sign the e-petition to the British government calling for his release (if you’re a UK citizen or resident — whatever your age), and the international petition on the Care 2 Petition Site, which will be delivered to both the US and UK governments.
In a letter dated July 15, 2011, which has recently been unclassified by the Pentagon, Shaker Aamer, the last British resident in Guantánamo, explained why he was embarking on a peaceful protest, which also involved a hunger strike. These reasons are posted below, because they provide a compelling snapshot of the current conditions in the prison, touching on the injustice of holding people for nine years — now ten — without charge or trial, so that they can be legitimately regarded as hostages; preventing them from having contact with their families; and not meeting their needs regarding healthcare and diet. He also criticized President Obama administration for not keeping his promise to close Guantanamo within a year of taking office.
These complaints are valid for all the prisoners still held at Guantánamo (171 in total), but from what we understand, Shaker Aamer is one of 89 prisoners who are still held despite being cleared for release over two years ago by an interagency Task Force established by President Obama. This, of course, is an absolute disgrace, and in Shaker’s case it is compounded by the fact that he was first told he was cleared under President Bush in 2007, and the British government has also been seeking his return for the last five years.
Following the points raised in the letter, below, Ramzi Kassem, a law professor at the City University of New York, who is one of Aamer’s attorneys, explained that, on a visit in January, his client described what took place during the widespread peaceful protest and hunger strike on the tenth anniversary of the opening of Guantánamo (on January 11 this year), and provided further background information regarding his complaints about the food and the lack of communication with his family, and also his frank and obviously very real fears about being killed.
SUBJECT: Peaceful Protest
From GTMO detainee to his lawyer.
I the signatory below, in Camp 5E ["Five Echo," described here] announce the start of a peaceful protest/hunger strike for the reasons enumerated below:
1. The opening and continuing operation of this unjust detention facility for the ninth year of my continuing and indefinite detention in the absence of any real accusation or crimes committed. Therefore I am hostage.
2. The inhumane treatment and deprivation of some of the items we are truly in need of, most important of which are the family calls since they are most critical to our families, especially to those experiencing special circumstances. Therefore, I want these calls to take place on a continuing basis and recur once every 15 days. These family calls ought to last no less than 2 hours with further consideration given to those experiencing special circumstances. I also speak for the regular mail to be made more efficient and provide us with e-mail.
3. The inhumane treatment is taking place at the hospital among other areas especially affecting the sick and those who are on strike and our deprivation of real treatment, health diet and appropriate clothing which are not provided to us nor are we allowed to provide them for ourselves.
4. Not upholding the promise that both your president and government gave on 01/21/2009 concerning the closing of Guantánamo detention facility. Very few people have left ever since although many here have been deemed to not represent any danger for the United States. Therefore, I ask you to establish justice and remove the injustice that has befallen us and our brothers in all detention centers.
By submitting these demands, I affirm our right to life. We want our freedom and the right to return to our homes since I am innocent of the charges (if there were any) you have levied against us. I ask that you establish justice that you claim to be a foundation of your country.
After these years of hardship we have spent here — and which I managed to do only through the grace of God, otherwise I would have lost my sanity — I want you to consider my case as soon as possible and give me the right to a just and public trial or set me free without conditions.
Shaker Aamer (00239)
*****
Following this letter, Aamer was instrumental in organizing a peaceful hunger strike and protest on the tenth anniversary of the opening of the prison, on January 11 this year, which I reported here.
In a meeting with Ramzi Kassem on January 27, he explained that he and another prisoner were “on punishment status” during the week of the anniversary. With an eye for symbolism, they had asked to be issued with orange jumpsuits, which were worn by all the prisoners in the early days of Guantánamo, but were then issued only to prisoners “on punishment status.” However, the Joint Task Force refused, and Shaker found it ironic that refusing to allow the orange jumpsuits to be used was “part of an effort to whitewash the prison’s image.”
He complained that, despite claims that the prisoners are all fed well, the food is, in fact, “all mixed up together: the tuna mixed with the fruit salad, the eggs mixed with the oatmeal.” And then, he said, “there’s the thick, heavy, oddly non-circular shaped pseudo-falafel,” which he has taken to calling the “constipation cube.” He has explained that you could “throw it against a wall and it wouldn’t crumble apart.” As he stated: “You gonna be clogged up. No way you gonna go to the bathroom.”
Aamer explained that the quality of the food improved slightly in the first half of January, in an evidently cynical attempt to keep the prisoners calm on the anniversary, but then became as inedible as ever — so inedible, as Aamer said, that “sometimes even the stray cats he cares for during his recreation time won’t touch it.”
He also explained his fears — that he doesn’t feel safe without the constant presence of attorneys, and the constant threat of embarrassment in the media directed at the prison authorities. Only then, he said, does he believe there will there be “a meaningful check” on the abuse of prisoners.
He has said that he fears for his life, and fears that if, in the course of a “Forced Cell Extraction” by the notorious Immediate Reaction Force (the armored guards responsible for maintaining discipline and punishing infringements of the rules), the guards kill him, they will tell the world it was a suicide. Who knows, he has asked, if the men that the authorities claimed committed suicide truly had — the three men who died in 2006, and the others in 2007, 2009 and 2011? What, he wonders, if, instead of killing him, they paralyze him during one of their brutal beatings?
Touching on one of his major complaints in his letter of July 2011, Aamer stated that he has not been allowed to communicate with his wife and their children in London since a videoteleconference (VTC) arranged by the International Committee of the Red Cross on August 12, 2011, and another with his mother and relatives immediately after Ramadan. The ICRC told him there would be another VTC with his family in December 2011, but that call never took place, and he wonders why. He also wonders why his brother and his family haven’t written to him, or if they know where to send letters.
He also fears that his letters to his family in the UK are not being sent, and has stated that he would like his attorney to find out how many of his letters have been received. Sadly, he has not received any letters from his wife in three years, with the exception of a single letter delivered by the British government via military lawyers for the prison authorities at GTMO.
Aamer asked Kassem if he knew what “SOP” stands for. He replied, “Standard Operating Procedures,” but Aamer told him, “Shit on Paper,” and told him that was the running joke amongst the prisoners, guards, and officers alike.
Shaking his head, and noting that he is now 46 years old, Aamer explained that in the last ten years, he has sat across the table from roughly 200 interrogators, and said, “Some of them were extremely experienced, older than 70 years of age.” However, neither they, nor the countless rotations of guards, have succeeded in breaking his spirit. As he said: “What keeps me happy, what keeps me alive, is that I haven’t surrendered. I tell the guards that even though they are putting shackles on me. I’m still a free man.”
Andy Worthington is the author of The Guantánamo Files: The Stories of the 774 Detainees in America’s Illegal Prison (published by Pluto Press, distributed by Macmillan in the US, and available from Amazon — click on the following for the US and the UK)
Thursday, March 29, 2012
Tim DeChristopher, a Non-violent Activist, Placed in Isolated Confinement
Latest: Utah environmental activist released from solitary
SFGate
By PAUL FOY, Associated Press
Thursday, March 29, 2012
A prominent environmental activist has been released from an isolation unit at a federal prison and placed back into a minimum-security camp after choosing an ill-advised word in an email about one of his legal-defense donors, his lawyers said Thursday.
Read more: http://www.sfgate.com/cgi-bin/article.cgi?f=/n/a/2012/03/29/national/a132128D21.DTL#ixzz1qXrViVqX
---------------
From the website of Peaceful Uprising and also published on Common Dreams:
By Peaceful Uprising
– March 27, 2012
(Download a PDF of our press release here)
On the evening of Friday March 9th, Tim DeChristopher (climate activist currently serving a 2-year prison sentence for outbidding oil and gas companies at an illegitimate BLM auction in 2008) was summarily removed from the minimum security camp where he has been held since September 2011, and moved into the FCI Herlong’s Special Housing Unit (SHU). Tim was informed by Lieutenant Weirich that he was being moved to the SHU because an unidentified congressman had called from Washington DC, complaining of an email that Tim had sent to a friend. Tim was inquiring about the reported business practices of one of his legal fund contributors, threatening to return the money if their values no longer aligned with his own.
According to Prison officials, Tim will continue to be held in isolated confinement pending an investigation. There is no definite timeline for inmates being held in the SHU — often times they await months for the conclusion of an investigation.
In the SHU, Tim’s movement and communications are severely restricted. In the past two weeks, he has been allowed out of his 8 X 10 cell (which he shares with one other inmate) four times, each time for less than an hour. The SHU could have been designed by Franz Kafka. Tim is allowed one book in his cell, and four in his property locker. His writing means are restricted to a thin ink cartridge which makes correspondence extremely difficult. He can still receive mail from the outside, but has no other form of communication other than 15 minutes of phone calls per month.
Peaceful Uprising found Tim’s conviction and sentence to two years of prison time outrageous enough, and people all over the US demonstrated their dismay at this injustice through widespread solidarity actions. But now, Tim is being effectively thrown in the hole for no good reason we can see, other than to further restrict his communication. We are witnessing, once again, the hidden power of public and appointed officials in Washington DC to inflict cruel and unusual punishment on Tim because of his courageous stand in confronting injustice and speaking truth to power.
We firmly believe the only way Tim will be returned to the minimum security camp he’s been housed in for the last six months is to place outside pressure on elected and appointed officials in Washington DC, specifically the Bureau of Prisons (BOP) and members of Congress charged with overseeing the BOP.
Peaceful Uprising wishes to express their solidarity with Tim by making this national call to action, asking Tim’s supporters to call officials at the Federal Correctional Institution in Herlong CA, the Bureau of Prisons in Washington DC, and members of Congress that sit on the subcommittee on Crime, Terrorism and Homeland Security demanding that they immediately return Tim to the minimum security camp from which he came.
TAKE ACTION NOW.
And get THIS:
It has come to our attention that William Koch entered into an antitrust settlement where his company, Gunnison Energy, and SG Interest, a Texas energy company, conspired to orchestrate the bidding at a BLM oil and gas lease auction in Colorado. They memorialized this conspiracy in a memorandum of understanding that was subsequently revealed by a whistleblower. The Department of Justice settled the matter by having each company pay a $275,000 fine, and allowed the conspirators to retain their successful BLM oil and gas leases, without any personal consequences.
Tim was charged with conspiring to defeat the Act that created the auction, (a felony) and for making false statements to the Government (also a felony). These oil and gas companies actually conspired to defeat an identical BLM auction, and made false statements to the Government (according to the Department of Justice).
No Oil and Gas executive was charged with felonies and thrown in jail. They were given a token slap on the wrist and went back to drilling. Tim, a peaceful protester, who simply embarrassed the BLM by catching them making big mistakes, is now in a TINY CELL because someone from CONGRESS wants to keep him even quieter? WTF is going on here??
This is not justice, it is political persecution.
Join us in stopping it. TAKE ACTION & DEMAND:
“Tim DeChristopher inmate #16156-081 be immediately removed from the Special Housing Unit (SHU) and placed back in the Minimum Security Camp at FCI Herlong.”
FCI Herlong
530-827-8000
Richard B. Ives, WARDEN
Eloisa DeBruler, Public Information Officer
Bureau of Prisons (BOP) Central Office
202-307-3198
Charles E. Samuels, Jr.
Director
Saturday, February 18, 2012
National Occupy in Support of Prisoners Day: Feb 20th 2012!
Website: Occupy4Prisoners.org
Read the book by Michelle Alexander: The New Jim Crow: Mass Incarceration in the Age of Colorblindness
Statements from People in Prisons for February 20th – National Occupy in Support of Prisoners Day
From: http://occupy4prisoners.org/statements-from-people-in-prisons/
(Please note that there are more statements being submitted, please continue to check back for more! If you are having an action on February 20th, please feel free to incorporate these statements as part of your program. If you have a statement to submit please send to occupy4prisoners@gmail.com.)
In Respect to the February 20th 2012 Protest
We are With You In Spirit !!!
TO: All Occupy Wall Street Participants
FROM: Pelican Bay Human Rights Movement Hunger Strikers in Solidarity (PHSS)
Sitawa Jamaa, s/n Dewberry C35671; Todd Ashker C58191; Antonio Guillen P81948; and Arturo Castellanos C17275
Corporate Amerika has coalesced its efforts around the exploitation of Human Beings, while using the political apparatus of the U.S. government, federal, state and local to institute policies that set in motion the creation of a corporate police state, which has targeted the poor as a surplus for incarceration and exploitation.
Those of us housed in solitary confinement throughout California and Amerika, support “Occupy Wall Street” and understand the necessity to resist against corporate greed. We will no longer willingly accept the subjugation, oppression and exploitation of Humanity.
Banks and the “prison industrial complex” are corporate empires that prey on the souls of Humanity. Therefore we officially join you all in Struggle.
One Love, One Struggle
Pelican Bay Human Rights Movement
---------
Mumia Abu-Jamal
Souls on Ice
(Col.writ. 2/2/23) @’12 Mumia Abu-Jamal
When I heard of the call, just raised in Oakland, California, to “Occupy the Prisons”, I gasped.
It was not an especially radical call, but it was right on time.
For prisons have become a metaphor; the shadow-side, if you will, of America, With oceans of words about freedom, and the reality that the U.S. is the world’s leader of the incarceration industry, its more than time for the focused attention of the Occupy Movement.
It’s past time.
For the U.S. is the world’s largest imprisoner for decades, much wrought by the insidious effects of the so-called ‘drug war’—what I call, “the War on the Poor”.
And, Occupy, now an international movement, certainly has no shortage of prisons to choose from. Every state, every rural district, every hamlet in America has a prison; a place where the Constitution doesn’t exist, and where slavery is all but legalized.
When law professor, Michelle Alexander, took on the topic, her book, the New Jim Crow, took off like hotcakes – selling over 100,000 in just a few months.
And where there are prisons, there is torture; brutal beatings, grave humiliations, perverse censorship–and even murders—all under a legal system that is as blind as that statue which holds aloft a scale, her eyes covered by a frigid fold of cloth.
So, what is Occupy to do?
Initially, it must support movements such as those calling for the freedom of Lakota brother Leonard Peltier, the MOVE veterans of August 8th, 1978, the remaining two members of the Angola 3: Herman Wallace and Albert Woodfox, Sundiata Acoli, Russell “Maroon” Shoatz, and many other brothers and sisters who’ve spent lifetimes in steel and brick hellholes.
But, the Occupy Movement must do more.
As it shifted the discussion and paradigm on economic issues, it must turn the wheel of the so-called ‘Criminal Justice System’ in America, that is in fact, a destructive, counter-productive, annual $69 billion boondoogle of repression, better-known by activists as the Prison-Industrial-Complex.
That means more than a one-day event, no matter how massive or impressive. It means building a mass movement that demands and fights for real change, and eventually abolition of structures that do far more social damage than good.
It means the abolition of solitary confinement, for it is no more than modern-day torture chambers for the poor.
It means the repeal of repressive laws that support such structures.
It means social change—or it means nothing.
So let us begin—Down With the Prison Industrial Complex!
----------
Lynne Stewart
This occupy rally is what Must happen at every jail in the United States–a direct challenge to Arbitrary Power that thinks it can lock up those with the greatest grievances against the system and systematically demonize them to their fellow citizens.
I speak now for all the 2 Million but of course. particularly on behalf of those political prisoners who actively fought and tested this unjust system and now suffer in SHU’s, and other forms of Solitary, for that. Many have been tortured for the last thirty years or more. When they were captured in the heady political days of the ’60s and ’70s, we were convinced that fundamental change was inevitable –indeed that it was right around the corner. It still remains inevitable but now we understand the protracted struggle necessary to breach this evil system.
I for one am recruited to accomplish the freedom of political prisoners and as my comrade Chairman Fred says “FREE ‘EM ALL” !!!
------
Khalfani Malik Khaldun
Greetings:
All power to the people. I am in support/solidarity with your work to expose the contradictions existing at San Quentin prison, and all prisoners across the country.
Please extend my clenched fist salutation to brother Kevin Cooper/those men on death row.
I am a political prisoner here in Indiana. I have been in prison for 26 years now, with 18 years in isolated confinement. I am currently being held in a Secure Housing Unit, where the conditions are cruel and unusual punishment, and there are deplorable violations of state and federal policy all across the unit.
Those in charge have used criminal tactics to keep many of us in perpetual isolation. We could use some organized, principled help here in Indiana. Could you provide me and e-mail or other address of other occupiers in solidarity against prison injustice? We need to organize a force here to Occupy the Indiana SHU. I have some committed supporters…along with others we can move mountains. I agree with Kevin: just never forget us.
Khalfani Malik Khaldun (L. McQuay) #874304, Wabash Valley Correctional Facility
SCU A-1205 PO Box 1111 Carlisle, IN 47834
---------
Kevin Cooper
We Dissent – An Occupy Death Row Production
A few of the definitions of the word dissent are: to withhold assent; to differ in opinion; difference of opinion; religious nonconformity; a written statement in which a justice disagrees with the opinion of the majority.
The above word “Dissent” and these few definitions speak in part to what all the different “Occupy Movements” are about.
While they all, each and every one of them, have different thoughts, ideas, tactics, agendas, and people who they represent, they all have, for the most part, “dissented” from what has been going on, and going on for decades, in this world and country.
We all disagree with, and do not want to be part of, the norm anymore! Nor do we want what is considered “normal” to be part of us, because the status quo is outright harming us on all of life’s different levels.
We all are saying in our own unique way that we don’t trust the people who are running the system, just as we don’t trust the system itself.
All across the world, people who don’t eat the same food, or wear the same garb, speak the same language, belong to the same religion or pray to the same named God, if they do pray, are dissenting.
Everywhere, people are standing up and fighting back, and speaking out from under the universal umbrella of humanity. This umbrella provides protection for the oppressed, from the oppressor.
The Occupy Movement as a whole is another form of the universal umbrella for human rights. From within this movement, we dissenters can speak the truth as to how the status quo, the ruler’s agenda, has a negative effect on “We the People” and this one planet we all must live on, and share.
Something must be seriously wrong and it is not us! The system is wrong and it’s has always been wrong and will always be wrong!
Some in the top 1% use their subordinates to ask, “What is it that they want?” Each movement within Occupy may want different things, especially since we all come from different places and have different real life and death experiences.
So while I can’t speak to what any one movement wants per se, I can speak to what all these different occupy movements don’t want.
We don’t want terrorism of any kind, against any people. We don’t want pollution of the air or water and other natural resources that Mother Earth produces; We don’t want a government that uses the mainstream news media to help a President send its people to war based on lies; We don’t want war in any of its forms; We don’t want sexism, racism, classism, or poverty!
We don’t want corruption, the death penalty, the prison industrial complex — either public or private prisons. We don’t want unions to be busted, nor do we want jobs sent overseas to other countries. We don’t want to go without healthcare or a good education. We don’t want police brutality or intimidation of any kind!
These few things mentioned above should go a long way to help people understand that there are two sides to every story, and while many seem to want to focus on just one side… “What is it that they want?” they must now come to terms with some of what we don’twant! If they do, then they will truly understand why we dissent. Everything that we don’t want is a very real part of what is wrong within this country and world, and it is having a very negative affect on the quality and quantity of life of the masses of people—the poor!
All these manmade ills are happening and have happened simply because of greed and the very real fact that the powers that be – They really don’t care about us!
So, we respectfully dissent!
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Jane Dorotik, CIW
The 2.3 million individuals that we as a nation incarcerate has become one of the defining qualities of this country of ours. Never before in the history of civilization has a country locked away so many of its own people. Have we as society become so violent, so incorrigible that we must lock away so many? How did we get to this point under the guise of ‘public safety?’
The cost of incarcerating women is immense. The average annual cost to incarcerate a woman is $50,000 and the average cost to incarcerate a woman over 55 is a staggering $138,000. Because of their role as mothers, the costs and consequences go far beyond the criminal justice system. Their children are either raised by other family members or are sent to the state’s foster care system. Children whose parents are incarcerated are 4-5 times more likely to become incarcerated themselves, thus perpetuating the intergenerational incarceration cycle. Since 1991, the number of children with a mother in prison has increased by more than 131% and nationwide more than half of children whose mother are incarcerated are under age 10.
The prison system is a system gone awry, gravely compromised and rampant with abuses. It is a terrifying breeding ground for anger, hatred, sexism, homophobia and dominating exploitation of other human beings. We are warehousing people, punishing them and then returning them to society worse off than when they entered the system. The violence that then comes out of these prisons is a much greater threat to public safety than any foreign terrorist group ever could be.
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Krista Funk, Central California Women’s Facility
The bankers are legal racketeers. They are rewarded for their crimes. But the people at the bottom of the 99%, the poor, we are warehoused in the Prison Industrial Complex. They take away our ability to vote once we are inside because that might change the way things are. The rich get richer, the poor give up, and out of desperation they turn on their families and their communities. This cycle has to change!
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Herman Wallace # 76759
Elayn Hunt Correction Center,
St. Gabriel, Louisiana
Most all U.S. citizens benefit in some way from the capitalist mode of production, a system that exploits underdeveloped nations as well as 99% of it’s own nation’s people. This creates a vast contradiction that causes much emotional pain.
In 1865, Union Generals admitted to Lincoln that they were on the verge of losing the war and could only turn the tides if Lincoln would free the slaves. Of course, slaves were never freed, it was only the form of slavery practiced in the South that was disrupted, moving from chattel slavery to wage slavery as has been so well documented.
Defy permits to occupy, civil disobedience is a form of struggle, and where there is no struggle, there is no change.
We must strengthen our forces by uniting with the Occupy movement and liberation movements throughout the world in order to disrupt the capitalist mode of production and send capitalism to it’s grave.
Free All Political Prisoners and Prisoners of Consciousness
All Power to the People
Herman Wallace
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Robert King
First of all I would like to applaud and salute those in the Occupy movement for focusing on the hideous corruption of corporate America and the effects this corruption has on all of us in the 99%, including the well over two million individuals that fill our detention facilities and their families.
“Being in prison, in solitary was terrible. It was a nightmare. My soul still cries from all that I witnessed and endured. It does more than cry- it mourns, continuously. I saw men so desperate that they ripped prison doors apart, starved and mutilated themselves. It takes every scrap of humanity to stay focused and sane in this environment. The pain and suffering are everywhere, constantly with you. But, it’s was also so much more than that. I had dreams and they were beautiful dreams. I used to look forward to the nights when I could sleep and dream. There’s no describing the day to day assault on your body and your mind and the feelings of hopelessness and despair “
There is far more than a causal relationship between the Occupy Movement and the work so many of you are doing to change the criminal justice system.
The same people who make the laws that favor the bankers, make the laws that fill our prisons and detention centers. We have to continue to make the connection between Wall St. and the prison industrial complex. The growth of the private prison industry is just one symptom of this unholy alliance.
I stand in solidarity with the Occupy 4 Prisoners rally and hope these rallies shed further light on the insidious effects of prisons for profit and politics.
Free all political prisoners and prisoners of conscience,
Robert King
Angola 3
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Steve Champion
I want to thank all the participants of Occupy San Quentin for being here today. Thank you for reading my statement.
My name is Steve Champion. I’ve been incarcerated for over 30 years and twenty-nine of those years and counting, have been spent on San Quentin’s death row.
We are living in a critical time in history. There is a global and domestic crisis going on. Our body politics is under siege because it is dominated by crony capitalism and social and economic indifference. We are fast moving toward a bicentric society of “haves” and “have nots.” If we fail to take a strong stand to transform this nation then we can expect an ill forecast for the future.
One of the most powerful unions in the state of California is the Correctional Peace Organization Association (CCPOA). As tuition for students are being raised, schools being shut down, cuts being made in the fields of Education, Social programs, Nurses and other care-givers, everyone is being forced to make a sacrifice. But we don’t hear cuts being made in the salaries of Prison Guards. Why is that? Because the CCPOA (through rigorous lobbying in Sacramento) have the ear of California State Legislators. They make huge campaign contributions to both the Governor and State Legislators. This allows them to peddle influence and get implemented the policies they want in place.
What this ought to tell those of us who are concerned about social justice, prison reform and the abolishment of the death penalty is we have to up the ante of our struggle. If we want to see the eradication of the death penalty and the prison, requires a multifaceted approach. It is not enough for prisoners to struggle on the inside; it is not enough to picket, protest or occupy specific places. Those things are important. But we also need to have a robust voice and seat among the decision makers who shape, influence and create policies that we vehemently oppose. We need to build a grassroots political organization to challenge those in power.
Too often, our social movements are on the defensive. We react as opposed to being proactive and taking initiative on programs we want implemented and policies we want changed. Building a grassroots political organization can facilitate a lot of the fragmentization that exist in our movements by uniting us. It would give focus to our objectives. If we don’t do this, then who? If we don’t do this now, then when?
The one percent who dominate the political and economic system in this country is not an accident. It was carefully planned. They want a government for the one percent and by the one percent, but not by the people.
We have to strengthen and intensify our struggle. We have to become more committed. We have to remember that our struggle isn’t a sprint, but a marathon. What we do today will alter the course of history tomorrow. Thank you.
Long live the struggle.
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Todd Ashker Letter of January 26, 2012
You all know we’ve been on a “counter propaganda” campaign here since Dec. 09 and much of what myself, Castellano, Sitawa, and Mutope have in mind in our writings about our struggle & resistance 24/7 is in line with our counter propaganda campaign!! Actually, I’d prefer criminal prosecution because 1) I’d be acquitted and 2) the publicity it would garner would be real great for the cause. Now that it’s not a DA referral (I expect due to legislative inquiry), I expect to be railroaded & found guilty administratively (first time guilty of a serious rule violation since Jan 94).
This will be used by the Board of Parole Hearings to issue me a longer parole hearing deferral when I go in Aug 2012 (probably a 7-10 year deferral). It will mean no art material or photos for a year, etc., etc., etc. This bogus CDC 115 RVR should be getting propagated out there as much as possible as well as other CDCR/PBSP dirty shit.
This is where I (and many others) stand on this struggle: For more than 30 years CDCR policy and practice has been “us vs. them” — viewing us as the enemy who they are at war with.
The 1st thing one does in war is propagate against and dehumanize the enemy. For 22+ years PBSP has been propagated as housing “the worst of the worst,” responsible for all the state’s gang problems.
We see it in reverse. CDCR (the prison industrial complex) are the criminals committing multi billions in fraud and many murders each year (law makers and courts are enablers and just as guilty). CDCR is housing us to put money in their pockets. All of which is part of the bigger problems – the class war in this country, the 1% vs. the 99% (the poor v. ultra rich). It’s no longer a “people of color v. white man” issue; it’s a “poor vs. ultra rich” issue. The so-called middle class is long gone.
We’re at war (the poor 99% including the prisoners) and the people in power are scared to death and they should be. Most of us should have been out long ago. A life sentence has never meant “life” until the last 30 years. Most of us are many years beyond our minimum eligible parole dates.
We’re not serving a legally valid sentence anymore. We’re here illegally, immorally, and unethically based on politics and money.
Our supporters need to propagate against the system at every opportunity and tie our struggle to that of the poor and disenfranchised at large.
This is just the start. We plan to force CDCR to open up all the level IV General Populations and spend money on our benefit, such as rehab programs, etc. and force change to sentences and paroles.
Our supporters need to see the system for what is really is and to educate people about it to bring more support in. It’s important to humanize and decriminalize us to the mainstream. Granted we’re “convicted felons,” but we’ve already served above and beyond any form of a valid prison term.
We shouldn’t even be recognizing that these CDCR “criminals” have any power over us. We really should be actively resisting our illegal confinement a lot more and our people outside should be doing so too, with all of our beings, until these “criminals” cut us loose or kill us.
Right now we’re waiting – waiting to get out to these General Population prisons. Then we’ll straighten out the B.S. on them so these people can no longer justify warehousing everyone. Then, we’ll go from there. People need to realize these “criminals” are the real enemy who we’re at war with and act accordingly in a smart way. The time is coming when they will fall and it’s not too far in the future. But we all must stay strong and do our part to make it happen. We need strong outside support. People should not fear nor be intimidated by CDCR’s “crime syndicate” staff. They’re really cowards in truth and need to be forced to get right.
As always, I send my best to all.
In solidarity and with respect,
Todd
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FROM CCWP WOMEN (Alisha, Veronica, Margarita)
Truth is…
The picture I’m about to paint can only be heard,
so listen closely to every word.
Innocent until proven guilty?
They can’t be serious,
In a system where
Drug dealers get more time
than serial killers,
juveniles get tried as adults,
before they become one.
I guess nobody musta warned’em
about playing with knives and guns.
Guilty by association?
That’s what it’s called
then they get hauled
off to the pen,
where some girls become boyz and some boyz
become women.
Sitting around
unaware of who they are,
wounded while in the belly of the beast.
I call’em invisible scars,
the kind that can’t be healed
by Neosporin and stitches.
Went in walkin’
came out switching.
Could you imagine what it’s like?
Being told that the beginning
is really the end of your life.
3 strikes and you’re out!
Some think it’s a game,
but it’s really outta my hands.
Lord knows, I’m not tryna do life
on installment plans.
Everybody wanna be a part
Of the occupy system,
I need to occupy my life and
find something to do with it,
otherwise it’s useless.
Some may mistake my words as verbally abusive,
But the truth is…
How do we expect our kids to grow
from concrete,
accept defeat,
have to fend for themselves
in cells where it is dark
and hot as hell?
More parents come to see kids in jail
than they do at graduations.
That’s cuz the new diploma
is parole or probation
Fucked up situation
No contender.
“Now I’ll be gone until November”
Listening to a public pretender
telling me to plea
Y?
Cuz I’m young, black, and sell crack in da streets.
Babies committing robbery,
1st degree.
Even with blind eyes
I could see it ain’t cool.
They building prison programs
and tearing down schools.
We all got an opinion
just like we all have a choice.
No one can hear you speak
if you don’t use your voice!
Alisha Coleman, SF County Jail
My name is Veronica Hernandez and I am a 20-year-old young woman that has been incarcerated since I was 16-years-old and tried as an adult at 17-years-old.
Prior to being charged as an adult I was appointed a no-good attorney that couldn’t have cared less about me or the outcome of my case and consequently; had put absolutely no effort into representing me adequately. There are no law libraries or legal services at Juvenile Hall so a juvenile rather it be for better or for worse had literally no choice but to be dependant on his or her court-appointed attorney and trust that him or her will lead them in the right direction. Unfortunately, for me that direction was to adult court where I now face a life sentence should I be convicted.
In California, 16-years-old are eligible to be tried as adults and in some states, the minimum age to be tried as an adult is 13-years-old and in others, there is no age limit at all depending on the nature of the crime. Regardless of the age, juveniles that are tried as adults are subjected to harsher punishments that juvenile court judges lack the power to impose such as life without the possibility of parole or sentences that are so outrageous like “43 to life” or “51 to life” that those sentences might as well be life without the possibility of parole.
Although a juvenile’s right to a hearing before a case can be transferred to adult court was established by Kent V. U.S. (U.S. Sup. Ct. 1966) there are still cases that get transferred to adult court without a hearing at all and that is known as a “direct filing.” The D.A> can file a direct filing on a juvenile that is 14-years-old or older and that contradicts California’s so-called minimum age of 16-years old or older to be eligible at being tried as an adult and a juveniles so-called right to a hearing.
The human mind doesn’t stop developing until the age of 25, so it is ridiculous that a judge can even be given the power to determine that a juvenile can never be rehabilitated and will remain at the same state of mind that the juvenile was in at the time of their crime was committed for the rest of his or her life. Aside from ridiculous…it is outrageous…oppressive…opprobrious…and something that needs to cease…abolish this oppression and give children the chance at life that each and everyone of them deserves.
Veronica Hernandez, SF County Jail
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My name is Margarita and I’m gonna tell you my story. I ran away from home at 11 years old and fucked up my whole life and career. My dad used to molest me when I was very young. I can remember as far back as age 2. He sure did some foul things to me. I didn’t know any better but he use to tell me if I said anything he would take me off the team. You see I raced downhill snow skiing on the U.S.A. women’s division ski team and I was very good at what I did. My father knew it to so he used that as bait. By molesting me and doing ungodly things to me that father’s wouldn’t dream of doing to their daughters.
I was very active growing up, a tomboy some would say. I raced motorcross, BMX, swimming, dance, karate, etc. I traveled all over for my snow skiing though. I ran away at my last speed skating race when I was 11 ½ years old. My parents were already divorced. I told my mom what Daddy did at age 6. Of course she didn’t believe me so she put cameras in the room and caught him on tape. Back then we wanted it kept quiet. My dad owned the leather factory and growing up in Black Hawk, California would have ruined his name. Anyways, I left and went to Los Angeles, from Los Angeles to Watts, California. At age 13 ½ I caught my first case and was convicted as a young adult; the first female for a 187 at age 14 to be convicted as an adult. I got 15 years to life and did 12 years. I started in Juvie and then transferred to Youth Authority and from Youth Authority to California Institute for Women.
Me and this other inmate caught an escape. We stole the fire truck at CIW and was transferred to Chowchilla. There I did my first stretch of 8 years; 4 in lock-down and 4 on the yard. They tried to give me 3 years more in lock-down for an assault on a C.O. He came into my cell and tried to rape me. So, when I was out in the day room, ironing my pants, I took the iron and hit him over the head with it. I stayed 6 months in confinement. I also had a petition going around letting all the girls sign it cause I wasn’t the first victim he did this to. But he wasn’t gonna keep getting away. I ended up with 560 signatures and he was escorted off the yard and his rights were stripped from him. No longer in the state of California or in the United States can he become a legal Correctional Officer in any federal or state prison.
After that I did my last 4 years at N.C.W.F. Stockton, California. I left Stockton and went straight to Delancy Street where I did 5 years and graduated here in San Francisco. I was sitting on top of the world. I had 2 cars, 2 bank accounts, 3 jobs, doing super good then one day I said, “Fuck it all.” I left my apartment in Oakland with everything I owned, closed both bank accounts and withdrew the money I worked hard at and my savings which was a total of $30,000 dollars. Down the drain. I smoked it, shot it, all that. But thank the lord and knock on wood that I never went back to prison but if I don’t stop and start giving a fuck I will be. I’ll be on the first train smoking. Which now leads me to San Francisco County Jail.
Margarita, SF County Jail
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Enceno Macy
The Chance to Make a Difference by Enceno Macy With no access allowed to computers or internet, prisoners in this state receive news only via major networks on a few prison-controlled tv channels. We therefore knew little or nothing of the Occupy Wall Street actions until police brutality drew reluctant media coverage. Quietly, many of us cheered. Prisoners are after all the most disenfranchised and voiceless segment of the 99%. Our very survival is totally at the mercy of an industry that makes obscene profits, grossly overcharging a literally captive market for out-dated, condemned food products, factory-reject clothing, expired medicines, and defective, unsalable merchandise. The Occupation has now faded from corporate news, but for a while there I dared to hope they would persist and maybe even score some victories against our corporate masters. I want to cry out now to each of them not to give up, not to blow this chance to make a difference. I was so young I blew my own chance without even knowing I had one, and trying to regain it has been a long, hard journey. The young mind, caught up in self, focuses mostly on the immediate future and the common daily occurrences that directly affect a youth’s current situation. Young people therefore often fail to comprehend the world as a whole. Other countries might as well be other planets, politics and global relations are grown-ups’ business, and things appear generally to be everlasting. Caring, compassion and empathy are often limited to the things and people closest and most familiar to us at the time: our family, friends, possessions and pets. Some kids may grow up more worldly, but the above is what I knew and was at 15 years old: simple and self-absorbed. I came to prison then – back when cell phones were rare and primitive and Palm Pilot was the only hand-held computer.
When I came to jail, Clinton was considered the closest thing to a minority president that we would get. Global warming and peak oil had not become common terms or concerns. Terrorism wasn’t being used to justify conflicts and military campaigns that depleted our debt surplus and contributed to a crashing economy. Our planet wasn’t being murdered as blatantly with countless pollutants in our air and water (or to be honest, I hadn’t noticed). Prison does different things to different people. For some it is a chance to regroup and prepare to try harder to get away with the things that put them in their cage to begin with. Others try to change, try to look at themselves and correct their flaws. Maybe they will seek the help of a church or A.A., or they attempt to exercise will power that they’ve never had. Some with long sentences end up trying to improve their education to advance their character, knowledge and understanding. Having gone through only my ninth grade year (and failing terribly) at the time I fell, it was imperative that I take the path of improvement.
I didn’t have a curriculum, only my mom’s encouragement and support from a few family friends. Often my interest would fade in and out, and I had no specific subject I wanted to learn about. To see my journey clearly, I need to be honest and share my progression and the reasoning behind it. Influenced by my surroundings (see my race article from a year ago), I first got into radical black literature. Growing up on the wrong side of the law, I equated the police and all authority as my enemy, a very basic association with why my life was so hard. The pro-black books I picked up referenced the police under a blanket that included politicians and the government as a whole.
This is where my adolescent anger turned, against “The Man,” or “Them.” That part of my education was generally negative. I think of it now as an old way of thinking, but what it did was open me up to the idea of oppression. From there my perception widened, and I saw that many different races and cultures fall into the category of the oppressed. For a couple of years, I studied many aspects of history and saw how governments always find someone to keep a foot on. I looked at all the attempts to change that had been made, and I saw the changes that were made were mostly for appearances and that things stayed fundamentally the same under the surface: there were always the haves and the have-nots. I was disgusted with people for accepting this, for believing what their government told them, and for how they treated each other.
I saw society as cold, selfish, and unfair. It seemed to me that social reforms and public outcry did nothing to address the true reasons why things were the way they were. I felt America needed a wake-up call – to be reminded of the basics and be brought back to their roots as humans, to be reminded of what it means to need each other. I thought the only true way things could be fixed was by breaking them. I was going to cause a revolution. I was going to build a nuclear bomb. This began my next phase.
I began to research how to build this bomb. My ambition was short-lived, as I discovered how hard it is to get uranium or plutonium. But I uncovered something else that totally changed my way of thought and the direction of my path. Understanding how a nuclear reaction worked introduced me to physics and, in turn, to theoretical physics. It opened my eyes to how big the universe is and how small my various concerns are within it. Studying physics made me think of things below the surface and causes of actions that may be subtle or indirect. I began to relate this to human nature, and to think about the circumstances that led people to think and act the way they do. What happened was that I discovered empathy. I no longer blamed people themselves for what they did and thought, but instead looked to things like upbringing, education and lack of diverse experiences as the cause. I learned that a person may treat another a certain way based on preconceptions of the other person’s style, culture, or race. For example, I ran into a kid early in my sentence who had been taught by his community that black people had special muscles, bones, and blood vessels that whites didn’t have; that’s what made him dislike and fear minorities and gave him a racist outlook. Could I blame him or hate him for what he had been taught? It was hard to see people in this new light. I hadn’t usually felt much sorrow for anything except myself before, but now I felt it for all the people who couldn’t fend for themselves – for babies born into such a deceptive and cruel world, for victims of bullying, for kids brain-washed to believe racist or sexist or political lies. Just when I was having this revelation, 9-11 happened, and this country went to bully a less organized, less advanced country out of their oil and way of life. To me, democracy may not have been the worst form of government, but even if it were the best, forcing it onto a thousands-of-years-old culture without its consent was wrong. To me, it was the same as a father (not unlike the one I’d had) beating his child to correct a flaw and causing far more damage than good. Meanwhile, all around me I saw people every day treat each other with the lowest level of regard and respect over the smallest issues. The mentality in here is to bring others down to build yourself up, and what I saw going on in the world was a horrifying mirror of what goes on in prison. Although I don’t agree with the murders and retain my own doubts about the truth behind 9-11, I look at the official story and ask anyone to think what they might do if they watched someone bully others over and over as the U.S. has done. Would you not wonder when your time will come? Would you not try to appear stronger and more aggressive than you are in order to put off the bully? Each person may differ greatly in opinions about it, but at that time I felt empathy for the alleged attackers’ desperation. I had to be much the same as they, acting stronger than I was so as not to fall victim to the gangs and predators that are the top of the food chain in here.
People in prison have plenty of time to think. Fundamentally, all we are doing is waiting – waiting to get out and begin to resume a life, or waiting to die. This is not living. The only part you might consider living is the mind, but for many lost souls, not only is their mind not living or even existing, it may already be dead. I kept mine alive by reading and learning, tried to keep up on headlines and the alternative versions of events that my mom would send me from the internet. While I have been waiting, my mind has brooded on how things could change. Hope for change is not enough. Too often hope is mistakenly used as a crutch by people who do not know what to do – not an excuse, but an unconscious substitute for taking things into their own hands.
By no means do I refer to someone ill hoping to live or someone with a life sentence hoping to get out. No, I mean a voter who votes for an asshole and hopes he will change things for the better. Then when the elected party fails to deliver on his promises, the voter keeps on hoping instead of demanding changes or taking assertive action. That isn’t hope, it’s delusion, the kind of delusion that feeds chronic gamblers. I am thirty years old and have never been allowed to vote. Maybe because it’s forbidden I have a warped view of what voting is: either a cruel joke or something people ought to take a lot more seriously.
Either way, I have serious doubts about the process, because necessary changes won’t be made through elections, which are too easily rigged by money. So when they ask, I encourage people to find out what they can do and then go and do it. Don’t wait for rigged elections or for others to lead you. Complaining of an injustice will do nothing to solve it or make it right: channel your anger or grief into doing what you can do, without dwelling on what you can’t. Otherwise, you may just be contributing to the problem. Outside the wire, many people take for granted the resources made available to them every day. They fill their cars with gas and complain about its prices, but never think of how many people died in order to power their vehicles. They get frustrated that wildfires, hurricanes, and tornadoes devastate their property and disrupt their lives, but reject the concept of global warming. Whether they want to believe the idea or not, what happened to the old saying, “Better safe than sorry?” Wouldn’t it be reasonable to avoid non-biodegradable products, shrink their carbon footprint, and use less fossil fuel and more recycled materials rather than contribute to the possibility that climate change is real? I have sat or lain awake many nights pondering how detached humans are from their connection to the earth. The slumbering breath of my cellmate is a background of white noise to visions of hunger and illness and suffering all over the world. As a youth I did not see my connection to the suffering.
I used to get down on myself for not being able to make any difference and for not having the discipline to do the few things I could do to help. But no one is perfect, as we all know. I came to understand that what I was capable of doing and what I could afford to do were two different things, and that I have to act within the confines of my situation. I am not rich or free. I have little control over what items I can recycle. I can not go door to door with petitions advocating change. For other reasons, you also may not be able to afford the time or resources, either, but doing what is possible, however small, may help you sleep better at night – maybe not totally at peace, but at least with a shred of satisfaction. To keep a goal of change always in mind, a person has to truly care about an issue or cause. Initial rage may die out – a product of the moment. Think of something like the devastation of Hurricane Katrina. Do you remember how sad you felt? Or how much you hoped FEMA would be able to help? Do you still care as much as you did at first? If so, there are still plenty of victims in need of assistance. If you truly care and want to help, you might spend part of your next vacation helping build and repair houses in New Orleans. Just because those people’s sufferings are no longer in the news doesn’t mean they stopped existing or stopped needing what we can do. That’s just one example, illustrating how important it is to remember what caused us to feel concerned and want to take action – and to stick to it even after the issue fades from the news. There is blessing not only in being helped but in being able and willing to provide that help. You are lucky if you have the chance to make a difference, because some of us don’t have that opportunity. My many progressions and transformations, too numerous to mention, came from educating myself. Once I understood my connection to the things I saw wrong in the world, I looked for changes I could make to help. Efficient energy use is something I now think about daily, and the disaster of the tsunami in Sri Lanka inspired me deeply to want to be trained in search and rescue operations. I wanted so badly to go over there and save lives, even if it was just filling sand bags. Today it’s hard for anyone to help, as the economy shrinks, the jobless rate is higher than any time since the Great Depression, and people are losing their homes right and left.
I know even more things will hinder me in the uphill battle I face with my impending release because so many obstacles face ex-cons: Although our rules and laws are now officially colorblind, they operate to discriminate in a grossly disproportionate fashion. Through the war on drugs and the “get tough” movement, millions of poor people, overwhelmingly poor people of color, have been swept into our nation’s prisons and jails, branded criminals and felons . . . and then are ushered into a permanent second-class status, where they’re stripped of the many rights supposedly won in the civil rights movement, like the right to vote, the right to serve on juries, and the right to be free of legal discrimination in employment, housing, access to education and public benefits.
I am far from the kid who wanted to build a bomb, and though I have a voice from in here, I cannot make the difference that I want to, which is sad and frustrating at this point. My goal now is to equip myself with the knowledge and strength to be able to fight for a cause when the time comes. What would happen, I wonder, if just one relative or friend of every prisoner and ex-con in the U.S. got together in an Occupy event? That would be more than 2.2 million people – enough to have an impact, maybe? When that seems impossible, I tell myself over and over again what I wish I could tell the Occupiers:
whatever differences you try to make, there will be those who oppose you and tell you your goals are impossible. Don’t let them stop you no matter how powerful they are or how futile it may seem. Giving up makes all your efforts – and others’ – worthless. If you’re passionate enough and determined enough, you may find the satisfaction and peace I mentioned earlier.
Prison not only confines, it also limits my choices, so the differences I can make are few. But thanks to Planet Waves, I do have a voice, and maybe convincing others who can make a difference is the best action we can take. In some cases it takes only a single voice to change everything. The world is not ours, we are borrowing it from future generations. The only meaningful pursuit is to find something outside of ourselves to care about: to love the world and everything in it as the gift that it is.
---------
Sean Swain
Occupy, Liberate, De-Colonize: A Statement for Occupy Columbus from Prison by Sean Swain
In 2007, in a published interview I observed that if Ohio prisoners simply laid on their bunks for 30 days, the system would collapse. I wasn’t talking about just the prison system, but Ohio’s entire economy.
I came to that conclusion because I recognized that 50,000 [Ohio] prisoners work for pennies per day making the food, taking out the trash, mopping the floors. We produce parts for Honda and other multi-nationals at Ohio Penal Industries (OPI), making millions of dollars in profit for the State. If we stopped participating in our own oppression, the State would have to hire workers at union-scale wages to make our food, take out the trash, and mop the floors; slave labor for Honda and others would cease.
Ohio would lose millions of dollars a day in production. The State’s economy would not recover for a decade.
When I made that observation, I didn’t know for certain that I was right. I suspected I was. But more than a year later, prison officials came to get me. My cell was plastered with crime tape. All of the fixtures, including lights, sink, and toilet, were removed and inspected, something that I haven’t seen happen in 20 years of captivity. I was taken to segregation and slated for transfer to super-max.
The reason? My observation in a year-old published interview, that Ohio’s economy would collapse without prison labor. That’s when I knew my observation was right. The enemy confirmed it.
I eventually avoided super-max because friends and supporters made enough noise, but I am now on a Security Threat Group list even though I have never been part of any organization, and my incoming mail is screened.
I share all of this in order to underscore how seriously and irrationally terrified the state is about the possibility of anyone awakening the prisoner population to its own power. The state is hysterically shit-their-pants petrified of an organized prisoner resistance, the way plantation owners feared a slave uprising.
I was subjected to repression in 2008. Since then, the situation for the State has become even more dire. Given austerity cuts and privatization of a few prisons, the guard-to-prisoner ratio has drastically dropped, leading to more disruption in the standard prison operations. On top of that, the Kasich administration’s efforts to bust public workers’ unions, though a failure, has destroyed morale of guards and staff, the majority of whom now only care about collecting their pay checks. With each downturn in the economy, the prison system takes more essential services from prisoners- from medical to food to clothes -and thereby increases hostility and resentment of the prisoner population.
With very little effort, very little money, and a great deal of advanced planning, Ohio’s prison population could be inspired to completely disrupt the operation of the entire prison complex. If such a disruption were to occur, it would cause more than the economic collapse of the State that I already discussed. Such a disruption would ultimately seize from the State the power the power to punish. This would pose more than a simple political problem for the government: in such a scenario, it loses all power to enforce its edicts and impose itself; the government ceases to be the government.
Such a development would be a great benefit to the Occupy Movement. While Occupy directly challenges the crapitalist system, it must be remembered that the global crapitalist Matrix uses governments as factory managers. If you protest private bankers, you get beaten by public cops. Given the recent bail-outs, the public trust is nothing more than a corporate slush-fund. It is nearly impossible in this blackwater-enron out-source era to tell where governments end and corporations begin- and vice-versa.
The prison complex is an essential component to the larger crapitalist Matrix. If an Occupy-prisoner collaboration in Ohio could take the prison system out of the enemy’s control- if the Occupation could expand to the prisons -we can collectively create a prototype for the larger movement to replicate, building momentum that collapses prison complex after prison complex, paralyzing state government after state government, spreading like a computer virus, liberating and de-colonizing the most-essential and intimidating bulwark against freedom the empire relies upon: the prisons.
For those of you who are part of the 99% but don’t really want to identify with this segment of the 99% and object to the possibly causing all of these criminals to go free, I remind you: The most hardened and irremediable criminals, the most ruthless killers and rapists, currently run the Fortune 500; they dictate US foreign policy; they drive cars emblazoned with “To Protect and To Serve”. You serve the agenda of those criminals if you turn your back on these “criminals.” Without us, you’re not the 99%. If my math is right, without us, you’re only about 94%.
This 5% is only waiting for the invitation. You can let your enemy keep his slaves and possibly defeat you over time, or you can liberate his slaves and defeat him quickly. To me, it’s a no-brainer. It’s a matter of actually living up to what you present to be– something your enemy has never done.
We’re still waiting for that invitation.
------
William Noguera
Orange County Superior Court Department 39
Friday, January 29th, 1988 – in open court:
“William Adolf Noguera, it is the judgement and sentence of this court that for the offense of murder, you shall suffer the death penalty. Said penalty to be inflicted within the walls of the State Prison at San Quentin, California in the manner prescribed by law and at a time to be fixed by this Court in a warrant of execution; it is the order of this court that you shall be put to death by the administration of lethal gas. Said penalty to be inflicted within the walls of the State Prison at San Quentin, California. You are remanded to the care, custody and control of the sheriff of Orange County to be by him delivered to the warden of the State Penitentiary at San Quentin, California within 10 days from this date. In witness whereof, i have hereunto set my hand as judge of said Superior Court and have caused the seal of the said Court to be affixed hereto. Done in open Court this 29th day of January, 1988. Signed, Robert R. Fitzgerald, Judge of the Superior Court of the State of California, in and for the County of Orange. Good luck to you, Mr. Noguera.”
That sentence was read to me over a quarter of a century ago and I remember it as if it were yesterday. I remember thinking;
I feel like one,
who treads alone
Some banquet hall deserted
whose lights are fled
whose garlands dead
and all but departed”
I was alone, but something inside of me came to life…at that exact second. Since then, I have become an author and artist whose work has transcended these walls and given me a voice not easily silenced.
For this, I thank each and everyone of you who has come out today and let me know I am not alone and that my voice, even in the middle of a storm, can be heard…
I continue on because of you and because the hearts tally of the griefs I have undergone from childhood upwards, old and new, and now more than ever, for I have never not had some new sorrow, some fresh affliction to fight against…
In Solidarity
William A. Noguera
---
Leonard Peltier Statement
Monday, February 6, 2012
http://lpdoc.blogspot.com/2012/02/06-february-anniversary-message-from.html
06 February Anniversary Message from Leonard Peltier
Greetings to my relations, my friends, and to my many supporters the world over.
It is that time again. Another year has passed, and on February 6th I will be marking 36 years since my arrest. During all this time, my family and allies have discovered just how far the government will go to wrongfully convict and imprison someone they know is innocent. They do this as a messagefirst to Indians, and further to anyone who might stand up to injusticeas if to say, “We will do as we please”.
From the day of my arrest until now, through you my supporters, I have been honored with many activist and humanitarian awards. I thank you for keeping awareness of me and my case alive. Your commitment has really been a special experience for me.
In addition many celebrities, political figures, and organizations have called for my release, including 55 members of Congress. This last November, the National Congress of American Indians (NCAI) passed a permanent resolution calling for my release. Well let’s hope its not that permanent. The NCAI has committed to being directly involved with my case so that the message from Washington to Indian people does not remain, “We will do as we please”.
Still, despite all this attention and with all the leaders and people of conscience calling for my release, I have been kept in this iron cage. They have even kept me longer than their own laws say they can. With evidence corroborating that I did not receive a fair trial, with proof of government misconduct, with admissions by government officials that they do not know who killed those two agents that day at the Jumping Bull property, here I sit. “We will do as we please.”
Recently, as many of you know, an act was passed and signed into law that allows for indefinite detention of American citizens without charge or trial. This is perhaps the final straw, the final nail in the coffin of American freedom, the end of habeas corpus and due process. “We will do as we please.”
We Indians said it for generations: If they can kill us indiscriminately, they will do it to anyone. If they can take our land, they will do it to anyone. If they can kidnap our children and take them to prison schools, they will do it to anyone. If they can starve us and lie to us, they will do it to anyone. If they can wrongfully imprison us, they will do it to anyone. Now, sadly, this is another Indian prophecy fulfilled. “We will do as we please.”
Our ancestors and tribal people all over the world prophesized a time of upheaval and great change. I believe that time is fast approaching. I believe a part of this is the government’s ongoing overreach of its authorityuntil the people rise up and tell Washington, “You will NOT do as you please! We are NOT your slaves! We will NOT be subjugated! We will NOT be ruled by an iron fist! We will NOT allow you to steal our liberty or our justice!”
My friends, my relatives, my supportersBe a part of this latest, perhaps the last “Indian uprising”. Make your voice heard! Be a part of the brave Movement to come, the Movement that will change the course of human history. Make change and hope and peace and justice a part of your personal legacy. Be the change that you envision and know in your heart must take place.
Do this, and on the day you take your last breath and prepare to meet Creator, you will know your life on this Earth was well spent. Close your eyes knowing you used your breath and energy to Creator’s good purpose. Smile as you cross over knowing you changed the world so that the next seven generations can know a good life. Do these things and know that I am with you. I will embrace you as my relationsin this life or the next.
Mitakuye Oyasin.
In the Spirit of Crazy Horse,
Leonard Peltier
-------
Gerardo Hernandez
On behalf of the Cuban 5 we send you our solidarity on this the National Occupy Day in Support of Prisoners. We know first hand about the injustice inherent in the US judicial system. In our case we are serving long sentences for defending our country against terrorist attacks by monitoring groups whose whole existence is to carry out violent acts against Cuba. It is our hope that what you are doing today will bring attention to the plight of those behind bars and help bring about a more humane society that provides jobs, housing, education and opportunity instead of incarceration.
A big embrace to you all
Venceremos!
Gerardo Hernandez
Victorville Penetentiary
http://occupy4prisoners.org/statements-from-people-in-prisons/
Friday, January 27, 2012
83-Year-Old Activist Priest Held in Solitary Confinement in Federal Prison
From SolitaryWatch:
Jan 23 2012
by Jean Casella and James Ridgeway
Jesuit priest and peace activist Father Bill Bichsel is reportedly being held in solitary confinement at SeaTac Federal Detention Center south of Seattle. According to friends, Bichsel has not eaten solid food since January 10 in protest of his treatment.
Fr. Bichsel, known to friends and colleagues as “Bix,” is a member of the Disarm Now Plowshares group. He has been arrested several times in connection with nonviolent civil disobedience at military bases, nuclear weapons manufacturers, and the School of the Americas. Most recently, he served a three-month sentence at SeaTac for a July 2010 action at the Y-12 National Security Complex in Oak Ridge, Tennessee, future site of a new nuclear weapons plant.
On January 10, Bichsel was moved to a halfway house in Tacoma. According to the Disarm Now Plowshares blog, he was told that the facility had a rule prohibiting visitors for the first 72 hours of residency. But on the evening of his arrival, a pair of Buddhist monks and a small group of students, on their way to a local protest, “made a small detour and stopped by the house Bix was in, to drum and pray for him outside the building for a few minutes.” The blog continues:
Bichsel, who suffers from circulation problems as well as a heart condition, reported to friends that it was “very cold for me all of the time” in his SHU cell at SeaTac, and that he was going “24 hours a day without sleep, fighting off the chill. I have asked for a jacket or a pillow or a mattress; they do not comply.” After supporters held a candlelight vigil outside of the prison last week, he was provided with additional blankets.
According to an article in the National Catholic Reporter, “A spokesman for the Federal Bureau of Prisons said that while he couldn’t comment on the case of a specific inmate, he did say that the ‘typical issue’ for all inmates in the federal system is a blanket and sheet, and that there is a ‘full health services staff on duty at all of our facilities.” A public information officer for the BOP told the paper: “’If we receive information either from the inmate or the inmate’s doctor on the street that there was some sort of pre-existing condition that was being treated, obviously we would pick up the ball from there.’”
Several other religious peace activists have been held in solitary confinement at the SeaTac SHU in recent years. They include members of a group of others (all of them over 60 years old) who in 2009 broke into the Kitsap-Bangor Naval Base outside Seattle, where nuclear submarines are kept. At their trial for trespassing and conspiracy, the judge criticized the defendents’ “lack of remorse” and called their protest “a form of anarchy” that could lead to a “breakdown in the social order.”
According to fellow activist Blake Kermer, who visited Bichsel on Saturday, “Bix wants everyone to know that as he continues on his fast – yesterday was his eleventh day – that he feels stronger and more confirmed in his resolution…Bix says that Christians can unite in conscience where God speaks to all of us, to abolish nuclear weapons and to oppose those policies of the US that are without conscience. This was a point that Bix was reminded of when he was taken back to the BOP and told by his jailer that his re-arrest was a matter of policy, not of conscience. Bix talked about how policy without conscience reminded him…of the White Rose and their courage in protesting Nazi policies without conscience, even though they were beheaded for their resolve.”
Disarm Now Plowshares has provided addresses for public officials to whom supporters can write, as well as the prison address of Fr. Bichsel.
Jan 23 2012
by Jean Casella and James Ridgeway
Jesuit priest and peace activist Father Bill Bichsel is reportedly being held in solitary confinement at SeaTac Federal Detention Center south of Seattle. According to friends, Bichsel has not eaten solid food since January 10 in protest of his treatment.
Fr. Bichsel, known to friends and colleagues as “Bix,” is a member of the Disarm Now Plowshares group. He has been arrested several times in connection with nonviolent civil disobedience at military bases, nuclear weapons manufacturers, and the School of the Americas. Most recently, he served a three-month sentence at SeaTac for a July 2010 action at the Y-12 National Security Complex in Oak Ridge, Tennessee, future site of a new nuclear weapons plant.
On January 10, Bichsel was moved to a halfway house in Tacoma. According to the Disarm Now Plowshares blog, he was told that the facility had a rule prohibiting visitors for the first 72 hours of residency. But on the evening of his arrival, a pair of Buddhist monks and a small group of students, on their way to a local protest, “made a small detour and stopped by the house Bix was in, to drum and pray for him outside the building for a few minutes.” The blog continues:
Bix was very happy to see and hear all who came to visit and wanted either to invite everyone in or go out and be with them. He had a strong sense they were angels, which gave him intense joy. He went onto comment that “it was so right they should be there.”
His captors on the other hand had a slightly different experience. First reprimanding him for being out of compliance (whatever that meant), he was told he was going to be “written up” and what happened was to be “reported.” The rest is history – in early morning he was suddenly awakened, grabbed out of bed, shackled, and returned to SeaTac by the marshals.
Their actions and manner of treatment made it known to him how he would proceed. Upon his arrival at SeaTac he made it clear he intended to be in complete non compliance with their demands; their recourse, which was to be expected, would be to place him in “protective custody or the special housing unit (SHU)”…“the hole”!
Bichsel, who suffers from circulation problems as well as a heart condition, reported to friends that it was “very cold for me all of the time” in his SHU cell at SeaTac, and that he was going “24 hours a day without sleep, fighting off the chill. I have asked for a jacket or a pillow or a mattress; they do not comply.” After supporters held a candlelight vigil outside of the prison last week, he was provided with additional blankets.
According to an article in the National Catholic Reporter, “A spokesman for the Federal Bureau of Prisons said that while he couldn’t comment on the case of a specific inmate, he did say that the ‘typical issue’ for all inmates in the federal system is a blanket and sheet, and that there is a ‘full health services staff on duty at all of our facilities.” A public information officer for the BOP told the paper: “’If we receive information either from the inmate or the inmate’s doctor on the street that there was some sort of pre-existing condition that was being treated, obviously we would pick up the ball from there.’”
Several other religious peace activists have been held in solitary confinement at the SeaTac SHU in recent years. They include members of a group of others (all of them over 60 years old) who in 2009 broke into the Kitsap-Bangor Naval Base outside Seattle, where nuclear submarines are kept. At their trial for trespassing and conspiracy, the judge criticized the defendents’ “lack of remorse” and called their protest “a form of anarchy” that could lead to a “breakdown in the social order.”
According to fellow activist Blake Kermer, who visited Bichsel on Saturday, “Bix wants everyone to know that as he continues on his fast – yesterday was his eleventh day – that he feels stronger and more confirmed in his resolution…Bix says that Christians can unite in conscience where God speaks to all of us, to abolish nuclear weapons and to oppose those policies of the US that are without conscience. This was a point that Bix was reminded of when he was taken back to the BOP and told by his jailer that his re-arrest was a matter of policy, not of conscience. Bix talked about how policy without conscience reminded him…of the White Rose and their courage in protesting Nazi policies without conscience, even though they were beheaded for their resolve.”
Disarm Now Plowshares has provided addresses for public officials to whom supporters can write, as well as the prison address of Fr. Bichsel.
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