Prison news roundup: Mar-Jul 2011

Women in prison

Most women in prison are mothers, and they are five times as likely as imprisoned fathers to have children in foster care.

The game they play is, if you go to prison for more than 15 months, you lose your kid to foster care- permanently- and the median sentence is 36 months.

One-third of children who were so “freed” from their biological parents in New York City between 2000 and 2004 were not adopted, according to a report published in 2006 by the Women in Prison Project of the Correctional Association of New York. They stayed in foster care. These children are “legal orphans,” children who have a parent but whose relationship to their parent is no longer recognized by the state.

government agencies simply do not know how many children are in foster care because their parents are in prison, nor how many parents’ rights have been terminated for this reason.

 

She later pleaded guilty and was sentenced to probation. McCollum blames unchecked violence and delayed medical care for the loss of her pregnancy. On August 21, 2005, she was attacked by two other inmates, she says in an affidavit filed in the lawsuit that recently found jail conditions unconstitutional.

Two inmates punched McCollum in the stomach repeatedly. After the attack, she and another inmate cried to guards for help. But McCollum writes that detention officers refused to bring her to the infirmary — even after she told them she was pregnant and injured.

Three days after the attack, McCollum’s bleeding wouldn’t stop. She was finally taken to the Maricopa County Hospital. There, doctors said she had miscarried and ordered that she return to the hospital for a checkup.

Despite her reminders, jail personnel did not take McCollum back to the hospital. On September 17, she began bleeding again. The bleeding wouldn’t stop.

An ambulance finally rushed McCollum back to the hospital — where doctors gave her a blood transfusion because she had lost so much blood. Then they performed a procedure called a D&C, which removed the remains of the pregnancy.

The nurse told her to go immediately to the infirmary. So Spencer got ready for a trip to medical.

Then she waited. The sergeant on duty decided that Spencer was not top priority, he said later in a sheriff’s report about the incident.

About an hour after she requested help, Spencer was escorted to the infirmary. The one healthcare professional on the premises, a nurse, took Spencer’s blood pressure. She also detected the baby’s heartbeat, around 4 a.m. The nurse — who later admitted she had no prenatal training — told Spencer that she’d be going to the hospital, but she also decided that Spencer’s pain was not an emergency.

Another hour later, Spencer passed out. The nurse took her blood pressure again; it was fatally low. The nurse called an ambulance and tried to get an IV into Spencer’s arm. She couldn’t. When EMT Jarrid Ortiz arrived, Spencer, who is African-American, had lost so much color it was clear to him that it was an emergency. “If you are turning that color, you’re not getting enough blood to your organs and skin,” Ortiz later told a sheriff’s detective.

By the time the ambulance arrived at the Maricopa County Hospital, Spencer had been in severe pain and without a doctor for almost four hours. Doctors delivered Ambria Renee Spencer, a 9-pound baby girl with a quarter-inch of thick hair on her head.

Ambria was dead.

Sarah remembers that the floor workers often handled red bags that had HIV diapers in them and things of that sort. When they were finished with the trash, they had to go serve food, and they didn’t have access to a good way to wash their hands.

While Sarah was in the medical tank waiting to be seen, she saw one girl who was said to be coming off heroin. She was lying in her own feces, seemingly unconscious, and the other women said she had been there for days. Sarah sat on the floor next to a woman who was pregnant with twins. The pregnant woman waited 4-6 hours before even being seen—cramping, in pain, bleeding through her pants onto the floor and extremely upset. Sarah remembers the woman repeating how scared she was that she might lose her babies. Sarah and other women in the room kept telling the guards to take this pregnant woman first. The guards only replied with things along the lines of “Shut the fuck up, the bitch shouldn’t have gotten herself in here to begin with. This is jail, not a country club.”

Sarah saw Officer Otto grab the woman by the back of her neck again and slam her face into the floor. By this point, Sarah had ducked into a utility closet because “You don’t really want an officer to know you’ve seen them do something like this.” Sarah heard the woman scream at him, “You fucker, I’m pregnant.” When the woman stood up, Sarah saw that her face was all bloody and busted and her braces were hanging out of her mouth. Sarah also saw that the woman was pregnant and showing.

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After being wrongfully arrested and taken to a Philadelphia lock-up, Erica and her female friend were forced to perform sex acts on one another by a police officer. Although she faced tremendous barriers in her efforts to hold the Philadelphia Police Department accountable, a recent independent investigation substantiated her allegations.

Erica’s full story (mp3)
Erica’s testimony before the National Prison Rape Elimination Commission (NPREC)

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An immigration official forced Esmeralda (formerly Mayra), a transgender woman, to perform oral sex on him while she was in the custody of an Immigration and Customs Enforcement detention facility. The official later resigned and was sentenced to four months in jail. After reporting the abuse, Ms. Soto suffered various forms of retaliation and often feared for her life. Ms. Soto, who came to the U.S. seeking asylum, had also been raped by a male inmate while detained at a jail in her native Mexico. She currently resides in Southern California.

Esmerelda’s full story (mp3)
Esmerelda’s testimony before NPREC

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Transferred with 77 other female inmates from Oregon to a private prison in Arizona, Barrilee immediately noticed the sexualized environment in the facility. Male officers verbally harassed female prisoners, watched them showering, and demanded sexual favors. An officer who claimed to be looking out for her instead raped Barrilee, and she faced retaliation for reporting the attack.

Barrilee’s story (mp3)
Barrilee’s testimony before NPREC (pdf)

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While in the custody of the California Department of Corrections and Rehabilitation, Thomas was sexually assaulted by another inmate. After filing a report and being rebuffed by corrections staff, he suffered various forms of retaliation as he attempted to navigate a difficult inmate grievance process. Since being released from custody, he has continued to fight for the rights of California inmates.

Thomas’s story (mp3)
Thomas’s testimony before NPREC

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Cecilia, a transgender woman, was raped while held over the weekend in a San Francisco jail. Her story is similar to many transgender women, who are at extreme risk for sexual violence behind bars, as they are usually placed in men’s facilities based on their birth gender or genitalia. She now is a nationally recognized activist defending transgender people’s right to be free of violence and abuse.

Cecilia’s story (mp3)
Cecilia’s testimony before NPREC

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Michelle is a 62 year old, transgender woman who was arrested in late 2006 and placed in the men’s wing of the Los Angeles County Jail. At the time of her arrest, she had very limited mobility. During Michelle’s confinement, she was denied the use of her wheelchair. Other detainees were prohibited from helping Michelle and she was forced to move about without assistance, falling on multiple occasions. One day while in the shower, she was surrounded and threatened with rape by four other inmates. The attempted sexual assault was interrupted when Michelle’s partner entered the shower and was able to fend off the would-be assailants. Michelle has been released and resides in Hollywood, CA.

Michelle’s story (mp3)

Here’s the story of Marcia Powell, who was kept in an outdoor metal cage in the AZ sun and literally cooked to death:

The Maricopa County Attorney’s Office has chosen not to prosecute Arizona Department of Corrections staff in the death of inmate Marcia Powell.

Powell, 48, died May 20, 2009, after being kept in a human cage in Goodyear’s Perryville Prison for at least four hours in the blazing Arizona sun. This, despite a prison policy limiting such outside confinement to a maximum of two hours.

The county medical examiner found the cause of death to be due to complications from heat exposure. Her core body temperature upon examination was 108 degrees Fahrenheit. She suffered burns and blisters all over her body.

Witnesses say she was repeatedly denied water by corrections officers, though the c.o.’s deny this. The weather the day she collapsed from the heat (May 19 — she died in the early morning hours of May 20) arched just above a 107 degree high.

According to a 3,000 page report released by the ADC, she pleaded to be taken back inside, but was ignored. Similarly, she was not allowed to use the restroom. When she was found unconscious, her body was covered with excrement from soiling herself.

Powell, who was serving a 27-month sentence for prostitution, actually expired after being transported to West Valley Hospital, where acting ADC Director Charles Ryan made the decision to have her life support suspended.

(Ryan lacked the authority to do this, but that’s another story, which you can read about, here.)

ADC conducted its own criminal investigation into Powell’s agonizing demise. The information I have indicates that ADC submitted its conclusions to the county attorney earlier this year. (Please see update below.) ADC was seeking charges of negligent homicide against at least seven c.o.’s, as well as related charges against other prison staff.

Why didn’t the county attorney’s office pursue those charges? Apparently, they didn’t think they could prevail in court.

County attorney spokesman Bill Fitzgerald issued the following terse statement.

“There is insufficient evidence to go forward with a prosecution against any of the named individuals,” he e-mailed me, declining to elaborate further.

Donna Hamm of the advocacy group Middle Ground Prison Reform wasn’t buying it.

“Having read the bulk of those 3,000 pages of reports,” she told me, “if someone in a prosecutorial position can’t find a crime in those pages, they have absolutely no credibility in my opinion.”

Hamm noted that guards passed Powell several times throughout her stay in the cage, and that some mocked her pleas for water. As for c.o. claims that Powell was given water, Hamm countered that Powell’s eyes “were as dry as parchment,” and that the autopsy results show there was no sign of hydration.

Hamm was incredulous that the county attorney couldn’t find enough evidence to bring charges.

“It’s just beyond comprehension,” she stated. “This is the same office that has prosecuted mothers who left their babies in a couple of inches of water to go outside and take a cell phone call or look in the mail.”

She also cited the case of “Buffalo Soldier” Charles Long, who was prosecuted by the MCAO for negligent homicide in the 2001 death of a kid who had enrolled in his program for troubled teens and died after being exposed to the heat and put in a bath, where he inhaled water.

The ADC did make some reforms in the wake of Powell’s death. It was discovered that the cages were being used to control unruly prisoners, and the ADC claims this practice has stopped. However, Hamm says she has uncovered a case of a man in a Tucson facility who, earlier this year, was held all day and overnight in an outside cage.

Some 16 prison employees were sanctioned in one way or another as a result of the Powell incident, and some were fired. But Hamm says she believes some of those sanctioned have been reinstated.

The outdoor cages are still in use, but have been retrofitted to provide shade, misters, water stations, and benches, which, ironically, Hamm says are metal, and would thus soak up the heat. She’s toured ADC facilities to see the redone cages, and admits that changes are positive, but too late to save Powell’s life, obviously.

“All the retrofitting in the world is worthless if the staff doesn’t follow the policy,” she insisted.

Powell had been diagnosed as mentally ill, and was on more than one psychotropic drug, drugs that increased her sensitivity to heat, sunlight and lack of water. All the more reason, according to Hamm, that prison staff should be held accountable.

The only next of kin that was located for Powell was an aged, adoptive mother in California, who had not had contact with Powell for years, and did not want to take possession of the remains.

So, with the help of Hamm and others, Powell’s ashes were interred last year at Phoenix’s Shadow Rock Church of Christ.

Brophy College Preparatory School also dedicated a plaque to Powell on school grounds this year.

But with no one with standing to bring a federal lawsuit (Hamm says the deadline for a state lawsuit has expired), and with the MCAO unwilling to bring a case against those responsible for Powell’s well-being, there looks to be no justice for the schizophrenic deceased woman.

I asked Hamm what this means for the case.

“It means they’ve gotten away with the most colossal example of brutality I have seen against a female prisoner in the history of the Arizona Department of Corrections,” remarked Hamm, adding, “And they got off scot-free.”

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A state-by-state report card and analysis of federal policies on conditions of confinement for pregnant and parenting women and the effect on their children (pdf)

State Findings
Overall grades: Averaging the grades for prenatal care, shackling, and family-based treatment as an alternative to incarceration, twenty-one states received either a D or F, both of which are considered failing grades. Twenty-two states received a grade of C, and seven received a B. The highest overall grade of A- was earned by one state—Pennsylvania.

Prenatal care: Thirty-eight states received failing grades (D/F) for their failure to institute adequate policies, or any policies at all, requiring that incarcerated pregnant women receive adequate prenatal care, despite the fact that many women in prison have higher-risk pregnancies.

  • Forty-three states do not require medical examinations as a component of prenatal care.
  • Forty-one states do not require prenatal nutrition counseling or the provision of appropriate nutrition to incarcerated pregnant women.
  • Thirty-four states do not require screening and treatment for women with high risk pregnancies.
  • Forty-eight states do not offer pregnant women screening for HIV.
  • Forty-five states do not offer pregnant women advice on activity levels and safety during their pregnancies.
  • Forty-four states do not make advance arrangements for deliveries with particular hospitals.
  • Forty-nine states fail to report all incarcerated women’s pregnancies and their outcomes.

Shackling: Thirty-six states received failing grades (D/F) for their failure to comprehensively limit, or limit at all, the use of restraints on pregnant women during transportation, labor and delivery and postpartum recuperation.

There has been a recent increase in states adopting laws that address shackling, now totaling ten. Of the states without laws to address shackling:

  • Twenty-two states either have no policy at all addressing when restraints can be used on pregnant women or have a policy which allows for the use of dangerous leg irons or waist chains.
  • When a pregnant woman is placed in restraints for security reasons, eleven states either allow any officer to make the determination or do not have a policy on who determines whether the woman is a security risk.
  • Thirty-one states do not require input from medical staff when determining whether restraints will be used.
  • Twenty-four states do not require training for individuals handling and transporting incarcerated persons needing medical care or those dealing with pregnant women specifically, or have no policy on training.
  • Thirty-one states do not have a policy that holds institutions accountable for shackling pregnant women without adequate justification.
  • Thirty-four states do not require each incident of the use of restraints to be reported or reviewed by an independent body.

Family-Based Treatment as an Alternative to Incarceration: Seventeen states received a failing grade (F) for their lack of adequate access to family-based treatment programs for non-violent women who are parenting.

  • Seventeen states have no family-based treatment programs, while thirty-four states make such programs available.
  • Of the thirty-four states with family-based treatment programs, thirty-two offered women the option to be sentenced to these programs in lieu of prison, while two did not.

Prison Nurseries: Thirty-eight states received failing grades (D/F) for failing to offer prison nurseries to new
mothers who are incarcerated. While a far less preferred option than alternative sentencing, prison nursery programs still provide some opportunity for mother-child bonding and attachment.

  • Thirty-eight states do not offer any prison nursery programs.
  • Of the thirteen states that do offer such programs, only two allow children to stay past the age of two.
  • Three of the thirteen programs offer therapeutic services for both mother and child.

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Prison news roundup: Nov 2010 – Feb 2011

  • CA budget held hostage by prison costs.
  • IL: Opponents & protestors stop Urbandale immigrant prison.
  • PA: Township supervisors face hostile crowds opposed to a new GEO for-profit prison.
  • MI & CA: GEO prison housing CA inmates will operate without state oversight.

    The GEO prison is not regulated by the Michigan Dept. of Corrections or otherwise licensed by Michigan, officials said. Public oversight for the enterprise will be provided by a single California prison official who will be on site at the facility for approximately half of each month

    “[For-profit prisons] are paying staff 8 dollars an hour and you have total amateurs dealing with serious offenders,” said Frank Smith. “It’s not a career, its job you have between Wendy’s and McDonalds.”

  • IL: Are legislative maps hurting prison reforms?
  • Republican-controlled House and the Drug War: The Good, the Bad, and the Ugly.

    “Budgetary issues is where I’m most optimistic,” said Bill Piper, veteran national affairs director for the Drug Policy Alliance. “Given the fiscal climate, there could be real cuts in the federal budget. Next year is probably an unprecedented opportunity to de-fund the federal drug war. These new Republicans are a different breed—anti-government, anti-spending, pro-states’ rights, and some are proven to be prone to bucking the leadership. If the Republican leadership votes to preserve the drug war, they may rebel,” he said.

  • Resisting Gender Violence and the Prison-Industrial Complex: an interview with Victoria Law.

The Sourcebook on solitary confinement provides a comprehensive single point of reference on solitary confinement, its documented health effects, and professional, ethical and human rights guidelines and codes of practice relating to its use.

  • Front pages
  • Chapter 1: Introduction
  • Chapter 2: The health effects of solitary confinement
  • Chapter 3: The decision to place prisoners and detainees in solitary confinement
  • Chapter 4: Design, physical conditions and regime in solitary confinement units
  • Chapter 5: Ethics in prison medicine
  • Chapter 6: Inspection and monitoring
  • Chapter 7: Summary of recommendations
  • End pages

Resources and links

ACLU and SPLC file federal lawsuit challenging inhumane conditions at for-profit youth prison

ACLU posted:

JACKSON, MS – The American Civil Liberties Union, Southern Poverty Law Center (SPLC) and Jackson civil rights attorney Robert B. McDuff today filed a federal class-action lawsuit against the for-profit operators of the Walnut Grove Youth Correctional Facility (WGYCF), charging that the children there are forced to live in barbaric and unconstitutional conditions and are subjected to excessive uses of force by prison staff. The lawsuit was filed on behalf of all the teenagers and young men in the facility.

Among the named defendants in the lawsuit are the Walnut Grove Correctional Authority and the Geo Group, Inc., which is the second-largest private prison company in the country. The facility houses youth between the ages of 13 and 22 who have been tried and convicted as adults, more than two-thirds of whom are incarcerated for non-violent offenses.

“Lawmakers deciding to send children as young as 13 into the adult criminal justice system is a symptom of our nation’s addiction to mass incarceration,” said Margaret Winter, Associate Director of the ACLU National Prison Project. “Studies show that young people diverted into the adult criminal justice system are far more likely to re-offend than those treated as juveniles. And it ratchets up the likelihood of bad outcomes when the law commits kids to prisons run by profit-driven corporations that skimp on basic supervision and services to squeeze out more profit, leading to the kinds of suicides, rapes and beatings that are commonplace at WGYCF.”

The lawsuit describes a facility known for its culture of violence and corruption. Some prison staff exploit youth by selling drugs inside the facility or by entering into sexual relationships with them. Staff members savagely beat young prisoners who are handcuffed and defenseless, or spray them with chemicals when they are locked in their cells.

WGYCF, which opened in 2001, was constructed with over $41 million of taxpayer money. Since then, the Mississippi legislature has tripled the size of the facility, leading to significantly increased profits for Geo Group.

“The Mississippi legislature established WGYCF with the hope that the young men housed there would be provided a second chance,” said Sheila Bedi, Deputy Legal Director of SPLC. “Unfortunately, private prison companies prioritized their profits over the well being of Mississippi’s youth. As a result, the young men imprisoned in this facility endure unspeakable abuses at a tremendous cost to Mississippi’s taxpayers.”

According to the lawsuit, one young man was tied to his bunk for over 24 hours, brutally raped and sexually assaulted after prison staff failed to heed his pleas for protection. Other youth have suffered multiple stabbings and beatings, including one youth who will live with permanent brain damage as a result of an attack in which prison staff were entirely complicit.

Michael McIntosh, the father of a young man who was incarcerated at the facility and a founder of Friends and Family of Youth Incarcerated at Walnut Grove, a coalition of individuals who advocate for the youth at WGYCF, said, “Because of the abuse my son suffered at WGYCF, he will live with permanent brain damage for the rest of his life.”

Full complaint

Confronted with putting more offenders in the same amount of space, administrators are doubling up every available cell. As many as four inmates are bunked in slightly larger cells intended for two handicapped prisoners. At the intake facility at Stateville near Joliet, incoming inmates regularly sleep on cots in a gymnasium or prison hospital. Guards say overcrowding provides fewer disciplinary options — some prisons have been pressed into holding problem inmates in “segregation” in the same areas as regular inmates. Overcrowding also leads to more inmate assaults on staff, guards say.

With the Illinois Department of Corrections about $95 million behind on its bills, many prison vendors haven’t been paid for months. In some cases, fed-up contractors have stopped extending credit to prisons, causing shortages that have led wardens to barter among themselves to stay stocked with essential items like paper goods and soap.

But [corrections expert Malcolm Young] acknowledges [early release of nonviolent offenders is] unlikely, based on Quinn’s response to the election-year rhetoric about the dangers of early release. “They have to do something fast because the population is going to continue to rise,” Young said. The governor “has painted himself into a corner. How can letting out 1,700 prisoners be a bad move before the election, and then after the election, it’s a good idea to let out 3,000?”

LAST February, after long delays, the Justice Department sent President Obama hundreds of recommendations on requested pardons, each one carefully selected for a quick decision under standards for clemency that presidents have followed for decades.

Under these standards, no pardon can be recommended unless a petitioner has been out of prison and law-abiding for at least five years.

Most of the recommendations President Obama received called for a no, but some, according to people who recently left the administration, strongly favored a pardon. Nevertheless, Mr. Obama has yet to judge a single person worthy of his grace.

If by tomorrow [Thanksgiving] he pardons no one but turkeys, President Obama will have the most sluggish record in this area of any American president except George W. Bush.

It became national news in 2006 when 15-year-old Darryl Thompson of the Bronx died after being pinned facedown on a bathroom floor during a tussle with staffers.

Although Darryl’s death was chalked up to a previously undiagnosed heart ailment, a follow-up probe by the U.S. Justice Department found that violent manhandling of kids in custody was practically an everyday occurrence – not just at Tryon but throughout New York’s system of youth jails.

On top of that, the feds slapped the Office of Children and Family Services, which operates the facilities, for failing to provide basic, decent mental health care for the 12- to 18-year-olds entrusted to its care. In short, the very state agency charged with protecting children from abuse and neglect was guilty of both crimes. It’s hard to think of a more fundamental breakdown in the functioning of state government.

But if you thought this appalling situation – and the klieg light of federal scrutiny – would galvanize elected officials to take quick, sweeping action, guess again.

Does prolonged isolation drive death-row inmates insane?

  • Federal grand jury targets Massachusetts Probation Department- which is “riddled with fraud and systemic corruption,” according to results obtained in two seperate criminal investigations.

    quote:

    fraud, extortion, conspiracy, wire and mail fraud, bribery, conspiracy, perjury, conflict of interest, and illegal solicitation of campaign funds; in addition to bogus hiring and promotion practices.

  • Indiana: Budget Committee focuses on reducing prison population. Could be good news if Indiana gets this one right.

    quote:

    The DOC spends about $32 per day to house a minimum security offender. The average cost of community corrections – which can include work release, home monitoring and other programs – is about $20 per day, said the department’s deputy commissioner for reentry, Randy Koester.

    But State Budget Director Adam Horst said simply putting more low-level offenders into community corrections programs won’t solve the department’s problems. The solutions will be broader, he said. Horst is serving on the state steering committee for the criminal justice study, which is being funded largely by grants and private sources. The study began last summer and recommendations are expected in the coming weeks.

    The study includes a comprehensive look at the state’s criminal justice system, including evaluations of probation and parole supervision practices, community corrections and transition programs, the use of issue-specific courts including drug and family courts, and sentencing guidelines and requirements. Indiana last evaluated its sentencing codes in 1976. Since then, Indiana’s adult prison population has grown from 7,500 to 29,000.

  • Virginia: Settlement reached in inmate lawsuit- DOC must allow ‘Final Call’ and programs from the Nation of Islam at Red Onion State Prison. Red Onion also happens to be one of the most brutal supermax prisons on the East coast.
  • Georgia prison strike articles: 1 2 3 4
  • Colorado: Victory for inmates’ 1st Amendment rights as jail drops postcard-only policy following ACLU lawsuit
  • Boston: In the wake of US v. Booker, study shows wide disparity in sentencing. This is the flipside to eliminating mandatory minimum sentences- some judges are handing out average sentences double the length of others.
  • Maine: Incoming GOP Governor already looking to climb into bed with the for-profit prison industry.
  • Alabama: Biggest recipient of federal education stimulus dollars is- you guessed it- the prison system

“I think they (the inmates) regard it as a victory,” Alice Lynd told The Dispatch.

“This is a big deal for them to be able to touch a loved one after 18 years.”

“Semi-contact” visits typically mean the visitor is separated from the inmate by a plate of glass that has a small gap so they can touch or hold hands.

In a decision released today, the U.S. Supreme Court overturned a lower court’s ruling that officials who retaliated against a prisoner when she reported being raped by a prison staff member were immune from litigation. Speaking for the Court in Ortiz v. Jordan, Justice Ginsberg highlighted pre-existing law establishing that officials can be held liable for failing to protect an inmate who they know is at risk of harm.

“The right of inmates to be free from abuse, and the duty of officials to protect this right, should be apparent,” said Melissa Rothstein, Senior Program Director at Just Detention International. “All too often, however, courts are unable or unwilling to hold officials accountable when they disregard their duty.”

Michelle Ortiz was raped on two consecutive nights by a prison official. She reported the first rape to case manager Paula Jordan, who did nothing to prevent the second rape. Ortiz reported the second rape and, in retaliation, prison investigator Rebecca Bright placed her in solitary confinement, shackled and handcuffed, without sufficient heat, clothing, or bedding. In a 1994 case (Farmer v. Brennan), the Supreme Court recognized the duty of officials to take reasonable measures to protect inmates who they know or should know are at risk of abuse.

Prior to trial, Bright and Jordan asked the court to dismiss the case, arguing that they should not be held responsible for the second rape or the punitive conditions imposed on Ortiz. The trial court rejected this argument and a full jury found Jordan and Bright guilty of violating Ortiz’s constitutional rights. After the trial, the defendants did not raise the question of their immunity from the lawsuit with the judge — as procedurally required if they wished to make that argument on appeal, which they did. Nonetheless, on appeal, the Sixth Circuit overturned the jury verdict, ruling that the defendants were not legally responsible. Today’s Supreme Court reversed that decision, confirming that the defendants failed to follow court rules for appealing after a trial.

“This is a technical case, but an important one. Under the Prison Litigation Reform Act, inmates who bring civil rights cases must meet strict procedural rules that tend to be both unrealistic and confusing. Courts consistently hold inmates to these requirements,” Rothstein said. “Ortiz was brave and capable enough to succeed in bringing her case to trial. Under those circumstances, it’s unconscionable for a court to allow prison officials to ignore procedural rules that apply to them. The Supreme Court’s ruling today is important in demanding prison staff accountability.”

The Holmesburg Prison Experiments and ‘Pharmacologic Waterboarding’ at GITMO

The recent story of so-called ‘pharmacologic waterboarding‘ at Guantanamo Bay- where detainees were exposed to massive doses of controversial drugs- is nothing new in the long, sad story of American medical experimentation on (and doctors’ abuse of) prison inmates.  Perhaps the best-known example is that of the Holmesburg Prison experiments.  From 1951 until 1974, inmates of Philadelphia’s Holmesburg Prison were used as ‘guinea pigs’ for secret (and illegal) medical experiments.  The experiments were overseen and sponsored by the U.S. Army, the CIA, The University of Pennsylvania, and private corporations including Dow Chemical Co. and Johnson & Johnson.

The Holmesburg Prison experiments are in blatant violation of the Nuremberg Code of 1947 as well as the Oath of Hippocrates yet they were carried out and financed in secret for decades.  By 1963, there were 50 human experiments involving nearly 1,000 Holmesburg inmates involving anything from poisonous vapors, radioactive isotopes, mind controlling drugs, and triggers for psychological disturbance and violence. Experimenters also used inmates to study various skin diseases encountered during World War II.

Dr. Albert Kligman, the director of the blatant abuses carried out at Holmesburg for decades, saw Holmesburg Prison as “acres of skin” and himself as “a farmer seeing a fertile field for the first time.”

Attention has been drawn slowly but steadily to one of the darkest moments in American medical and research history through efforts of former research subjects as Allen M. Hornblum’s “Acres of Skin: Human Experiments at Holmesburg Prison, A True Story of Abuse and Exploitation in the Name of Medical Science.”  The analogy drawn between the Nazi experiments during World War II and those sanctioned by major private corporations, a well respected research institution, and the United States Government at Holmesburg is a chilling one.

Acres of Skin: Human Experiments at Holmesburg Prison

Interview with ‘Acres of Skin’ author Allen Hornblum and Holmesburg victim Leodus Jones

‘Human guinea pigs’ demand justice

Human experimentation at Holmesburg Prison, via the Journal of Criminal Justice and Popular Culture

Prison news roundup: Aug-Nov 2010

ACLU report and Brennan Center report on the resurgence of debtor’s prison.

Reading courses as an alternative to prison and guess what it’s more than twice as effective at preventing recidivism than prison time. Also mentions the wonderful sentencing guidelines in Texas, the guy was initially going to get a 60-year sentence for a nonviolent drug case.

New York ends prison gerrymandering.

A detailed article on the history of South African prison gangs.

In 2002 there were 2,770 people sent to prison for illegal immigration. In 2009 it was 44,517- almost a twenty-fold increase. And 84% of federal prosecutions in Texas were for violating anti-immigration laws (opposed to 54% nationwide in 2009).  What happened? You guessed it- private prison companies got into the Texas immigrant-detention business (pocketing over a billion dollars along the way), because their ALEC stooges lobbied for harsher sentences and more stringent enforcement. And by ‘harsh sentences’ I mean that some immigrants face mandatory felony convictions, permanent ban from entry, and 10-year prison sentences. On top of whatever abuse they suffer from the poorly regulated and ineptly run private facilities- and that’s assuming they don’t just disappear into the network of secret prisons sometimes known as ‘ICE Castles.’

James Pendergraph: Executive Director, ICE Office of State and Local Coordination posted:

If you don’t have enough evidence to charge someone criminally but you think he’s illegal, we can make him disappear.

Amnesty International posted:

It was almost surreal being there [at the conference where Pendergraph made the claim], particularly being someone from an organization that has worked on disappearances for decades in other countries. I couldn’t believe he would say it so boldly, as though it weren’t anything wrong.

North Carolina- defendants are 2.6 times more likely to get the death penalty if the victim is white. And 40% of all death penalty verdicts are delivered by all-white juries, or juries which have only 1 person of color (study covers 5,800 cases from 1990-2009). Under NC law (NC Racial Justice Act), inmates can challenge a death sentence if they believe race was a factor; and that’s exactly what they’re doing.

Federal judge orders records for investigation of “suicide epidemic” in Massachusetts prisons.

MO- Hearst Foundation to offer the first in-prison degree program open to both inmates and guards.

Here is an excellent blog, Minutes Before Six, written (with the help of a friend on the outside) by an inmate on Texas death row- the “death capital of the western world.” Photo essay of the Polunksy Unit death-house, compiled with pictures obtained via FOIA request. Here he quotes another (deceased) death row inmate:

Alvin Kelly (executed 10/14/2008) posted:

Level 3 is not allowed any hygiene supplies at all, only postage every 2 weeks. So the atmosphere down here is filled with animosity. The people back here are denied anything beyond the meager necessities to survive in any sort of dignity or humanity. It is an evil and vile place. The atmosphere is filled with cussing, beating and banging and floods, fires, feces and urine being chunked on people, gas being sprayed in peoples’ cells or the day room where everyone has to breathe it in. Visitation being denied some just because they live on F-pod, and it just goes on and on.

Author & law professor Alexandra Natapoff has a comprehensive blog about the wide world of prison snitching, and how the government’s over-reliance on informants has eroded the justice system- one of the most well-known example was the murder (+ attempted cover-up & framing) of 92yo Kathryn Johnston during an illegal police raid based on shoddy informant work. She also has lengthy articles on PLN, but they’re pay-only.

New York- wealthy Republican/Teaparty candidate proposes putting welfare recipients into remote “dorms” where they will get lessons on “personal hygiene.” And by dorms, I mean prison cells. What’s the line from that book again? “Are there no prisons, are there no workhouses?” Article’s a goldmine of boneheaded quotes, but I’ll leave you with this one:

He said that he didn’t know how he would pay for it but that prisons could be consolidated to make room.

Aging in prison: States try to figure out how to deal with inmates getting old- what’s worse, some people choose to die in prison rather than bankrupt their families with medical bills.  Best health care in the world.

A stroke left Ballard unable to walk. He also has had a heart attack and underwent a procedure to remove skin cancer from his neck. At 77, he’s been in prison since 1993 for murder. He has 14 years left of his sentence.

Ballard is part of a national surge in elderly inmates whose medical expenses are straining cash-strapped states. They have officials looking for solutions, including early release, some possibly to nursing homes. Ballard said he is fine where he is.

“I’d be a burden on my kids,” the native Texan said. “I’d rather be a burden to these people.”

Robert King, internationally-recognized prison reform activist and Angola 3 member who spent 29 years in solitary, wrote an article for the Guardian on Saturday.  Bonus: Interview / mini-lecture featuring King and Dr. Terry Kupers, world-renowned expert on prison mental health issues and Human Rights Watch consultant. Covers race issues, the effects of solitary, and more. A must-see.  King and Kupers on slavery at Angola.

‘I talk about my years in solitary as if it was the past, but the truth is it never leaves you. In some ways I am still there’

After prison, many ex-offenders still carry a ball & chain: debt.

Lack of money for treatment means some offenders can stay in prison for up to an extra year.

How to close prisons and still not save money.

Gerrymandering, a new movie about prison gerrymandering by Jeff Reichert (Jesus Camp, Enron: Smartest Guys in the Room); opens in theaters on Oct 15. Here’s an article by Reichert + Peter Wagner of the Prison Policy initiative that also includes the trailer.

Appalling food leaves prisoners hungry for justice.

The Reform-Proof Prison: why Massachusetts’ correctional system hasn’t gotten any better. In which the warden of Old Colony Correctional Center shoots his wife, then himself- and things are only getting worse.

Two sides to prison overcrowding- note the political motivations on both sides, and how inmate safety/mental well-being takes a back seat to economic issues.

Another NY Times editorial criticizing Eric Holder for failure to implement PREA. Note that while the NYT admits prison rape victims face significant repercussions for coming forward, they just couldn’t resist throwing the “veracity” line in there.

Prison guards commit suicide far more often than the general population, and even more than double the rate of police officers. And they tend to take people with them:

On 8/4/09, Essex County, NJ, Corrections Officer Kelley McKenith wounded her boyfriend and then shot and killed her 4-month-old baby before taking her own life.

MA judge feels ‘troubled’ by JLWOP for autistic + mentally-ill 16 year old, but upholds the sentence anyway. She could have changed LWOP to straight life, making him eligible for parole as early as age 34, but said she didn’t want to act as a “13th juror.” There is some hope that the way she worded her (12 page) ruling will open the door for the sentence (and possibly others) to be appealed on Constitutional grounds.  Also the US is the only country in the world that even allows JLWOP in the first place.

Outreach workers, inmates, businessmen, activists, and ex-cons join forces in Minnesota to keep teens out of adult prisons; but face an uphill battle.  The article also mentions a line of thinking I’ve advocated (along with others like me)for years- that most of the people you put in are going to get out one day, so best to think about what kind of person you want coming out.

“Study after study, including from the U.S. Department of Justice, the U.S. Centers for Disease Control and Prevention, and the Brookings Institution, has found that kids put into the adult system are more likely to reoffend than similar kids kept in the juvenile system,” said Eric Solomon, spokesman for the Campaign for Youth Justice based in Washington. They are also 36 times more likely to commit suicide in adult jails than are youth housed in juvenile facilities, he said. “We didn’t treat him like an adult before the crime. Why after?”

More trouble with prison recycling programs: one prison was exposing workers (inmates and guards) to levels of lead, cadmium, beryllium, and other heavy metals more than 450 times higher than federal workplace-safety regulations allow. Also they weren’t giving the guards hazardous-duty pay or goggles/face shields to the inmates who were smashing up CRT screens with hammers. Some of the H-D pay has been backpaid as part of a settlement, although the dollar amounts of the larger settlements are still a secret.

Former head of Colorado DOC: “Our corrections system is the most effective human-rights tool we have in Afghanistan”

Oregon: $2.5M budget cut to close prison and lay off 63 workers- but wait, there’s more:

For the first time in its history, Oregon will shut down an operating prison as part of a $2.5 million budget cut that lays off 63 people, relocates 120 prisoners and ends alcohol and drug treatment for 50 of those inmates.

Jena, LA: “Drug bust” may have been racist revenge on Jena Six supporters.

The Sheriff called the mobilization “Operation Third Option,” and he said it was about fighting drugs. However, community members say that Sheriff Franklin’s actions are part of an orchestrated revenge for the local civil rights protests that won freedom for six Black high school students – known internationally as the Jena Six.

Toxic Persons: New research shows precisely how the prison-to-poverty cycle does its damage.

In 1980, one in 10 black high-school dropouts were incarcerated. By 2008, that number was 37 percent. Western and Pettit calculated that if current incarceration trends hold, fully 68 percent of African-American male high school dropouts born from 1975 to 1979 (at the start of the upward trend in incarceration rates) will spend time living in prison at some point in their lives, as the chart below shows.


  • CA’s overcrowding problem is getting a little relief- they’re transferring 3,256 inmates to CCA prisons in CO and MN, and another 2,600 in MI.

    The company’s official announcement also offered an optimistic tone:

    “The company feels confident that this anticipated contract will be a positive, meaningful step toward the total utilization of CCA’s correctional facilities in Colorado.”

  • IL: Early prisoner release controversy was no scandal, because it didn’t happen. Full report. (pdf)

    “Contrary to media reports, MGT-Push has not been responsible for a single illegal or premature release of dangerous criminals or for the commission of additional violent crime,” Young writes. “MGT-Push did not cut prison sentences by months or years. It did not add to the public risk or endanger public safety. And it was not ‘secret.’ ”

  • NY: Changes to the Adoption and Safe Families Act (ASFA) provide fair chance for families separated by prison

    This bill amends New York’s ASFA law, which almost always requires foster care agencies to file termination of parental rights papers if a child has been in care for 15 of the last 22 months. The median sentence for women is 36 months, far exceeding ASFA’s timeline. Moreover, incarcerated parents face barriers in meeting legal responsibilities required to preserve their parental rights, like maintaining contact and finding children a non-foster care home. The result? ASFA inadvertently tips the scales in favor of terminating parental rights of incarcerated parents, even when not necessarily in the long-term best interests of the child and family.

    The new law–which applies to both mothers and fathers–allows foster care agencies to delay filing for termination if a parent is in prison or residential drug treatment. For the first time, agencies will also be required to inform incarcerated parents of their rights and responsibilities and to provide referrals to social services and family visiting programs. Because mothers in prison (pdf) are much more likely to report having children in foster care than fathers, the new law has particular importance for incarcerated women.

  • AZ: private prisons cost taxpayers $7.76 a day more per inmate than state prisons

    The audit report says housing a medium-custody inmate at a private prison costs $55.89 per day. The daily cost of housing the same inmate at a state facility was calculated at $48.13 a day.

    Arizona spends 11.2 percent of its budget on the Department of Corrections. The prisons budget makes up a higher percentage of Arizona’s budget than spending on colleges and universities.

  • PA: where is the Tea Party outrage over prison costs?

    The state had 8,243 inmates in 1980. It now has more than 51,000.

    There were nine prison facilities with 1,563 correctional officers in 1980. Now there are 27 facilities and more than 9,400 correctional officers.

    The corrections budget was $94 million in 1980 and is now $1.7 billion. Four more prisons are planned at a projected cost of $800 million.

    Where’s the outrage? Where’s the tea party? Where are the fiscal reformers screaming about skyrocketing prison costs?

  • Death at troubled-youth center illustrates NY juvenile justice system as “a crying shame.”

    We don’t yet know exactly how 20-year-old Alexis Cirino-Rodriguez died on Oct. 13 inside the walls of the William George Agency, a facility for troubled youth about 12 miles from Ithaca.

    Sketchy press reports indicate that the fatality involved what state troopers called “a physical incident” requiring “intervention by staff” at William George

    The facilities are plagued by violence. Last year, the Justice Department found an extensive pattern of abuse in the facilities, with kids routinely suffering broken bones and teeth from being slammed to the ground and cuffed for trivial infractions like filching a cookie or laughing too much.

    Goshen Secure Facility drew headlines, a scathing report and disciplinary action after state workers brought four female visitors – one of whom was paid $100 – onto the premises. Witnesses reported seeing lap dances and sex with the juveniles.

  • CA: Who’s going back to prison (again and again)

    This report is the first in a series of annual CDCR reports that will focus on recidivism. Future reports will potentially analyze which prison programs are associated with reducing recidivism, and provide in-depth looks at female parolees and other categories of offenders.

    Key findings:

    * Most inmates who commit new crimes or violate their parole do so in the first six months. An additional 25 percent return to prison within the first year.
    * Recidivism in California mostly declined with age, with 74.3 percent of 18- to 19-year- olds returning to prison within three years. In contrast, parolees 60 or over return to prison 46.3 percent of the time.
    * Top reasons offenders return to prison include vehicle theft (77 percent), escaping/absconding (75.9 percent) and receiving stolen property (75.3 percent).
    * Recidivism rates increase with each additional stay at a CDCR institution. First-time offenders have a 51.1 percent likelihood of returning to prison; those who have been in prison 15 or more times have a 86.3 percent chance of going back.
    * Women return to prison at much lower rates than men (58 percent for women, compared to 68.6 percent for men).
    * Recidivism rates for first-time offenders are highest for Native Americans, African Americans and white inmates.
    * Sex offenders make up 6.5 percent of parolees, and have a lower recidivism rate than other offenders. Five percent of released sex offenders who recidivate are convicted of a sex offense, 8.6 percent commit an unrelated crime and 86 percent return to prison on a parole violation.

  • The Use of Criminal History Records in College Admissions Reconsidered,” a new study by the Center for Community Alternatives (pdf)

    Among the studies key findings are:

    * 66% of the responding colleges collect criminal justice information, although not all of them consider it in their admissions process.
    * A sizable minority (38%) of the responding schools does not collect or use criminal justice information and those schools do not report that their campuses are less safe as a result.
    * Most schools that collect and use criminal justice information require additional information and procedures before admitting an applicant with a past criminal record including consultation with academic deans and campus security personnel.
    * Less than half of the schools that collect and use criminal justice information have written policies in place, and only 40 percent train staff on how to interpret such information.

The populist narrative of prison porn

Ayn Randi posted:

i caught the end of some prison porn show like americas authoritarianist prisons the other night and every single guard/prison employee, male and female, absolutely without exception was massively obese. im not sure what the meaning and implications are here but it was too consistent to not notice.

1) Corrections is an inherently sedentary field (with infrequent, short-duration periods of activity, and then only for certain jobs); and- more so than police which is saying something- there’s a sharp divide within the correctional community between weightlifters and non-weightlifters. This is further subdivided between juice vs no juice and bodybuilding vs powerlifting. Steroid use is rampant among correctional officers, even more than police (and again, that’s saying something).
1a) Weightlifting (specifically bodybuilding, but also powerlifting) is a large and historic part of prison culture; and as the inmates go, so go the guards. (The osmosis works the other way too, which is why introducing harsher tactics or meaner guards increases rather than reduces inmate-on-inmate violence).

2) The types of personalities common in bodybuilder jailors are not the types of personalities a prison warden is going to want shown to the general public.

3) The types in 2) are typically not the type to want to go on camera for a prisonporn show.

4) Prisonporn shows are edited together from hundreds or thousands of hours worth of footage by experts looking to maximize appeal to the target audience (older white folks). Check out the commercials that play during prisonporn. Boner pills, investment companies, heart/cholesterol pills, large sedans/SUVs, Olive Garden. That’s who these shows are made for, they’re not documentaries.

They’re going to show an “everyman” who looks like a couch potato instead of someone who looks like a Universal Soldier. Remember, the media message is designed to downplay the militarization of the individual officers and the culture in general. Portray them as aw-shucks good ol’ folks who don’t take no lip, but with a heart of gold (and sclerosis).

That’s why you see the focus on the technology of the weapons and the prison itself- the guards must be humanized. They’re the “good guys” after all; just regular folk trying to get by, their (fetishized) technology are necessary tools to do battle with the intentionally dehumanized (by the show) inmates. Who by the way are frequently shown shirtless and tattooed, and working out all the time.

Especially the quick shots of the yard, or the little montages bookending commercial breaks. And if they can get some non-consenting inmates with their faces blurred out, so much the better- I wouldn’t be surprised if this is intentional. Inmate interviews always follow the same canned (& heavily-edited) script, with plenty of focus on the offense; guard interviews are a little more free-form, lots of “walking around my office” shots or “friendly banter with passing inmates” shots. In contrast to the quick impersonal group shots of inmates, again almost always working out, or edited to seem as if they’re “glancing furtively” as dumb music plays over it. Whenever inmates are shown doing something productive, like when they show guys getting to use a music room or something, it’s used as an exception to countershade the overall impressions left by the group shots, even if they spend a lot of time on it.

5) What forgotabout dreyfus said. [Essentially that many prisons are in rural areas and many episodes of prisonporn are shot in the Deep South]

6) Don’t watch prisonporn, or if you do, watch it critically because it’s a very carefully created (and successful) attempt to shape public opinion on prison conditions and correctional policy. Every minute of those shows was pre-approved by the department of corrections, and then checked and re-checked by corrections officials, in addition to being heavily edited and editorialized. Rather than documentary in nature, it’s quite literally state-managed media with the express purpose of influencing the voting public.

The Harris County Jail

The Harris County Jail

The Harris County Jail in Houston, TX is the third largest joint in the country and one of the largest in the world. Only the Rikers Island (which is actually a complex of 10 different jails) and the LA County Jail (largest on the planet) are larger. 25% of the $1.5 billion Harris County budget is law enforcement, with more than $750,000 a day spent on detainees. A shortage of guards means the jail shells out $35 million a year on overtime; some guards are topping out at $100,000 a year in total pay.

An average of 10,000 people are held there per day, not counting another 1,100 bused 6 hours to and from Northern Louisiana each day. Some of them- up to 1,700 at some points- have to sleep on the floor because parts of it are unused due to severe staff shortages. When state inspectors come, the floor-sleepers are hidden in underground tunnels until the inspectors leave. It has operated without Texas Jail Standard Commission certification since 2004, in violation of state law.

My grandson is in Harris County Jail. His cell has 48 beds but has 60 inmates. During the state inspections inmates sleeping on the floor are moved to the the jail tunnel system which temporarily “solves” the overcrowding situation. After the inspectors leave, the inmates in the tunnel system are returned to the floors. The county currently decides when the inspection takes place. The state should make this decision and should be able to access any facility at anytime.

The jail also operates in violation of federal law- the Department of Justice ruled that the poor access to health care in life-threatening situations, unnecessary use of physical force, denial of mental health care, and inattention to suicide prevention violates the U.S. Constitution.

The [DOJ] found that the jail fails to provide detainees with adequate: (1) medical care; (2) mental health care; (3) protection from serious physical harm; and (4) protection from life-safety hazards

-Justice Department spokesman Alejandro Mayer

In Harris County there is an “assembly line” set up to more quickly and efficiently certify children as adults so that they can go to adult jails & prisons. With its 162 juvenile-to-adult certifications in 2007-08, Harris County alone certified 19 more juveniles as adults than in the state’s nine other leading counties which altogether certified just 143 juveniles as adults. In Texas the juvenile system is known as the “School-to-Prison Pipeline.”

Houston attorney Christene Wood represents one teenager who has mounted a legal challenge, along with Texas Appleseed, of the county’s certification process. She told the Chronicle that the judge who sent her client into the adult system laughed, surfed the Internet, and never once made eye contact with the boy before certifying him as an adult. “The certification process [in Harris County] is an absolute joke,” the attorney told the newspaper.

In its “medical tank,” inmates have been left in their own blood and feces for days on end (inculding pregnant women), and the tank has a tendencey to flood.

Sarah and other women in the room kept telling the guards to take this pregnant woman first. The guards only replied with things along the lines of “Shut the fuck up, the bitch shouldn’t have gotten herself in here to begin with. This is jail, not a country club.”

“Well, I guess my travel agent sure messed up, didn’t she?” Sarah laughed, trying for some dark humor. After spending more time in Big Baker and learning the ropes, Sarah saw that inmates tried to avoid going to Medical and she herself vowed to never report injuries or sicknesses again.

Sarah saw Officer Otto grab the woman by the back of her neck again and slam her face into the floor. By this point, Sarah had ducked into a utility closet because “You don’t really want an officer to know you’ve seen them do something like this.” Sarah heard the woman scream at him, “You fucker, I’m pregnant.” When the woman stood up, Sarah saw that her face was all bloody and busted and her braces were hanging out of her mouth. Sarah also saw that the woman was pregnant and showing.

Sarah said the guards’ nickname for her was “the Yuppie,” and they thought it was funny to send her into J-POD where the most violent offenders were housed.

Prison news roundup: May-July 2010.

As the significant changes in my home life wind down to ‘normal,’ I’m ready to bring you more news links; although it will still be some time before I’m adding the same level personal commentary as before.  Hopefully we’ll soon be able to transition to the periodic ‘regional roundup’ posts I’d originally envisioned.

On behalf of everyone here at re-think america, I wish all readers a joyous, loving, and fulfilling summer- even in the face of the kinds of stories we bring you.

Alabama prison inmates to aid in oil spill relief efforts & hazardous waste operations.  Turns out BP gets a $2,400 tax break per inmate- and they also get a 40% cut of the inmates’ wages on top of it.

Study finds blacks blocked from southern juries

Tony Arambula, who was shot by police, shot some more in the back after he was down, then dragged bleeding through gravel in front of his family and driven around on the hood of the police car like a dead deer. A police board cleared officer Brian Lilly of any wrongdoing.

In the dead of night: how the tide turned against immigrants in MA at both the figurative and literal eleventh hour.

In Texas, dying on the state’s dime.

In Colorado, monuments to ignorance, as the state spends big money on prisons while slashing education.

Al-Jazeera report on elderly inmates.

NAACP report (pdf) on prison gerrymandering and minority vote dilution.

Citing concerns over how much it might cost, AG Holder is still dragging his heels when it comes to stopping prison rape.

CEPR report: The high budgetary cost of the American prison system.

Inmates at prisons across Indiana have raised more than $5,600 to help support a parenting education program for pregnant offenders at the Indiana Women’s Prison.

6-3 SCOTUS decision approves BOP good-time credit calculation

The same companies design and build both schools & prisons.

Hawaiian inmate killed in Arizona for-profit prison. This is the second time this year that an “outsourced” Hawaiian inmate has been killed at the facility. No surprise that it’s a CCA facility.

In MA: finally “justice” after 30 months of injustice.

The Tryon juvenile prison is being kept open in spite of budget problems with 155 staff- and 6 inmates. Juvenile incarceration is also very expensive compared to alternatives.

Oregon governor, facing serious budget shortfalls, is dipping into emergency funding rather than cut prison budget- because he doesn’t want to run the risk of having to commute any sentences.

In a 9-0 decision, Supreme Court eases the mandatory deportation rule for minor drug crime. They’re also going forward with the California prison overcrowding case.

Another killing at Virginia’s notorious Wallens Ridge maximum secuirty prison.

Contrary to a recent USA Today article, Solitary Watch has found no evidence of a national reduction in solitary confinement or control-unit (“supermax”) inmates.

Economic Crisis Prompts Prison Closures Nationwide, but Savings (and Reforms) Are Elusive (long)

Baltimore jails more of its citizens than nearly any other city, and doing so makes the city less safe.

Kentucky pulls inmates from CCA facilities over budget concerns and CCA’s failure to properly provide training or security, as well as its incompetent response to a riot. That’s not stopping Ohio from a plan that would privatize at least half of its prisons. And according to the 5th Circuit, sending someone to the SHU for having constitutionally-protected reading material is not a violation of 1st Amendment.

Canada’s “Truth in Sentencing Act”- modeled after US measures- will cost at least $1.8 billion, and increase corrections spending from $4.4B to 9.5B by 2015.

I was scared to sleep: LGBT youth face violence behind bars. According to DOJ, gay/lesbian kids are twelve times more likely to be assaulted than straight kids.

Albert Woodfox is a member of the Angola Three. He’s been in sensory-deprivation solitary confinement for 38 years, in violation of UN treaties on prisoner treatment. Amnesty International and Human Rights Watch argue that this constitutes torture. He went there for killing a prison guard in 1972, but in 2008 his conviction was overturned. It was previously ruled in 1998 that he did not recieve a fair trial- at what was itself a replacement for a faulty 1973 trial.  However, a federal court ruled Monday that he will remain in solitary- indefinitely- because of his political beliefs.

For the first time in a decade, state prison populations declined last year, with almost half of all states reporting decreases, even tough-as-bullets Texas.  However, and you knew there was a however, Pennsylvania led the nation in growth, adding nearly as many inmates, 2,214, as state prisons cumulatively lost.

UNICOR used prison labor to smash up old monitors and electronic equipment with hammers while huge fans blew around clouds of heavy-metal dust (next to a day care center).

Some good news- NY agrees to vast changes in youth prisons

NPR story about women giving birth in shackles.

A federal judge ruled that indefinite supermax time in IL violates the Constitution, specifically including the case of one inmate who was kept in a sensory-deprivation SHU for over 12 years without a hearing- or even being told why.

Inmates organize the first-ever seminar at a prison with NAACP convention-goers and members of the NAACP Prison Chapter

http://www.womensenews.org/print/8223
http://www.gothamgazette.com/articl…0090413/15/2882
http://www.brennancenter.org/conten…claiming_lives/

three articles about losing your children when you get locked up, and how the system is stacked to ensure that happens.

This is a youtube of two prison-rape survivors who went to Washington DC to call out Eric Holder for his total failure- and unwillingness- to meet his legally-mandated deadlines for addressing prison rape. Eric Holder is, and has been, in violation of the Prison Rape Elimination Act of 2003 (which passed both parts of Congress by unanimous consent and with zero additions/modifications, by the way. Also it was one of the fastest bills to ever pass, and done in almost total absence of public pressure- or public knowledge).

HFG on racial balkanization in the prison system

Question:

HFG, I seem to recall in one of the past threads you saying that the Mexican mafia’s had their start in CA prison system (my memory is hazy) do you have any studies or links or posts you can link to that go into it?

Answer:

It started at this place, DVI, which is an inmate-run farm and also an intake center. Facilities like that house all different types of people while they’re waiting to get classified and sent to other prisons, so you have violent guys mixed in with nonviolent guys, and integrated races. Because of this, DVI was (and still is) a “gladiator school,” and Mexicans were frequently targeted by blacks and sadistic guards, so about a dozen Mexicans formed the Mexikanemi Science Temple of Aztlan (incidentally the Texas branch of La Eme still goes by the name Mexikanemi to this day) led by Luis Flores, aka Huero Buff in 1957. The original MSTA’s came from street gangs and zoot-suiters from the LA area, primarily East LA. The main focus was on remembering and respecting the Old Ways- the customs and beliefs of the Maya and Aztecs which were the traditional cultural bedrock of Mexico until the fucking Spanish came and ruined everything.

To try and stop the MSTA’s growing influence and aims (the main aim being to curb the subjugation of Mexican prison inmates), two policies were enacted- both of which actually greatly increased their power. Policy one was to start putting suspected Mexican gang-affiliated inmates- especially juveniles- into units where lots of blacks were, so that they would be killed or injured badly enough as to want to stop the gang life. Policy one was also an extension of an overarching divide-and-conquer strategy known as “racial balkanaziation,” I’ll quote a big post later that talks in detail about that. Or you can read this book about it (you should probably read it anyway).

Policy two was splitting up the MSTA’s- now known as the Mexican Mafia- and sending them to all different prisons (many went to San Quentin). What this did was expose them to a shitload more Mexican inmates than if they had all been kept at DVI, and so their numbers grew big really fast. By that time the Eme’s were already controlling a large portion of the prison economy, and had gotten rich enough to start hiring prison guards to help them. Another example what I always say: prison is a microcosm of our society and mirrors almost every detail, just in different ways. For example the gang getting big/rich enough to start buying off guards, it’s just like when a company or businessman gets rich enough to start buying politicians. Quantum capitalism.

So since they had gotten enough juice, they started subjugating other Mexicans, especially Nortenos because they were seen as inferior farmer dimwits. Then the Nortenos formed Nuestra Familia to defend against La Eme and formed an arms-length (and initially grudging) alliance with blacks since the Eme’s had allied closely with the Aryan Brotherhood (also founded in Califas prisons) and certain other white gangs like The Ride (aka “Nazi Lowriders”) and white bike clubs. The war between the Mexican Mafia and NF is basically the longest gang war ever (it started in 1967- over a stolen pair of shoes). And to this day, if you’re a Sureno, don’t let the sun set on your ass north of Bakersfield or it’s a death sentence. Same goes for Nortenos caught south of there.

And once again, all roads lead to California. I’ll c/p a Killa Cali post after this one.

On the racial balkanization:

Goro, what about racism and gang activity in prison?

Stopping racial balkanization in prison would be nearly impossible today, and in many cases it’s not necessarily what the administration wants. Inmates self-segregate anyway, the California system has been on the brink of all-out race war since the 1960′s when gang formation was actively encouraged by prison staff to prevent things like Attica from happening. Also more and more inmates were starting to get into the whole counterculture/extreme political stuff and staff realized that a united front of inmates of all races would be extremely difficult to control. So a couple guard-sanctioned acts of violence resulted in the creation of the main power structure we’ve had for the last 40 years. It’s no coincidence that the main prison gangs all started within a couple joints in the same part of California- the Black Guerrilla Family, Mexican Mafia & Nuestra Familia, and the Aryan Brotherhood. The main indictments and such of the AB’s really only came when they started becoming too allied with the Eme’s and started killing too many people on the outside.

Now, prison gangs- the indispensable enemy- are more important than ever at maintaining control. The pacification of Attica required the National Guard and the shooting of hostages. Today’s prisons are so overcrowded, with many operating at 200%+ of design capacity, and understaffed with undertrained personnel that a cohesive uprising will be impossible to control. It would take the Marines, if not air strikes. This comes at the steep price of widespread prison violence. There are third-generation racially-based gang members today. Even if the government wanted to end it it would be very difficult.

The other side effect, magnified by the hyperincarceration of minorities and juveniles due to the drug war, is that all street-level gang activity is either directly or indirectly controlled by prison gangs. This is because at some point any serious banger is going to be going to prison and will then need to ally with a prison gang at first in order to avoid being killed outright, and then later for mutual benefit; and partially because in most gangs you can only get so far if you haven’t been inside. Criminal trials are a good way to see if you’ll snitch or cooperate. So If you’re a local street gang in El Paso moving some weed across the border and doing a little local-level distribution, at some point in the chain 5% to 20% of the money is going to be given to the Eme’s or NF. Same goes for white gangs selling speed- at some point the Aryan Brotherhood or the NLR’s or some such is going to be getting a cut. Nearly all street-gang activity is at some level connected to prison gangs. The taxes are paid voluntarily for many reasons, not the least of which is that nobody wants to be a member of a non-paying gang and then go to prison and face the taxman; to say nothing of the very real possibility that the taxman might one day pay a visit to the neighborhood. Every prison gang has some “Davids,” remember.

Wait a minute, are you saying that institutionalized gang warfare and racism are deliberate tools used by an overcrowded prison system to prevent the prisoners from unifying against their jailors?

That was part of the reason for its genesis, but I don’t think even back then they realized how bad it would get or how quickly they would lose control. They started with control-units (now called SHU’s) to try to keep it in check, and when that didn’t work they built a prison where the whole thing was a SHU (Pelican Bay). When that didn’t work they SHU’d it up too, and then when it hit 200% capacity they built another one just like it (Kern Valley). It filled up twice over as well, and it still didn’t work.

In the 60′s, it was thought that racial conflict inside prisons was preferable to wholesale uprisings nationwide like Attica; that the price was worth preventing total anarchy system-wide. It was thought that increased racial strife between cons could be effectively managed by increased harshness on the part of the facility. We now know this not to be true, but far too late. It was also thought at the time that the country was much closer to some kind of major upheaval than it really was. Vietnam, civil rights movement, counterculture, all of it- Nixon, not realizing Nam would end not with a bang, etc. felt that some kind of uncontrollable uprising was inevitable. Attica and the violent episodes which happened in the streets as a result of civil rights + Vietnam were seen as mere hints to some future mass revolt, instead of what they wound up being. The drug war is usually credited to Reagan but in fact it was Nixon’s last, greatest war- and will be his legacy once future historians look on the matter with more educated eyes.

What the government could not have foreseen was how their initial efforts could so completely backfire. In the 60′s, there were things which would be totally unheard of in prison today. There were gangs of big strong gay men who roamed the tiers, protecting all small inmates of any race from rape- and killing prison rapists. This is unthinkable in today’s prisons. So it started by sending groups of Hispanics in a juvenile facility into tiers with older black offenders, knowing that they would be victimized and gang up. Knowing that they would take to the adult prisons this allegiance. This was the birth of the Eme’s- the Mexican Mafia, one of the most feared and powerful criminal organizations as has ever existed in this country and which will endure for the entire lifetime of the USA. The administrators could not have foreseen this.

So, why do people even join gangs now?

Well, besides the protection it affords from prison rape: The gang addresses all the needs which the facility does not, and those which the con might not have gotten fulfilled on the outside before incarceration. To join you have to be vetted- you will get a background check of sorts (and there are no secrets in prison). This is to ensure undesirables do not gain entry but gives many guys a sense of importance they may not have otherwise had. You will be mentored, taught to read & write, taught the rules- all gangs have a charter, or constitution, you will need to recite this from memory at a certain point or you will be denied entry and forced to fend for yourself (and probably punished harshly by members). This is done to ensure obedience and to weed out those who cannot follow orders, but gives a sense of belonging to something important, to have put in effort and succeeded. You’ll have someone to push you for that last rep on the weight bench, to help you deal with the problems you have with your girlfriend, to send someone on the outside to look in on your kid. Many in prison did not have mentors, role models; poverty, drugs & the “baby-daddy” effect- magnified (as is almost every social ill) by hyperincarceration- have seen to that.

The big brother or father is provided by the gang. People join clubs, fraternities, military, etc. looking for a sense of belonging; the sense of “tribe” or “family.” How powerful would it be if you knew- not thought but knew- that the only way you get in is by taking a life, that all the others have taken one, that they will go to prison before betraying you… that they will die for you- that they will kill for you?

Since all prison gangs are racial in nature, even more importance can be assigned (tribe). There is a reason the whites use Norse runes/symbols, and Hispanics use Pre-Columbian imagery and tradition. To speak the ancient language of Nahuatl allows covert communication by members, but it also allows these angry men who have stunted senses of community, belonging, importance to reach back through the centuries and identify with the invincible Eagle Warriors of the Aztec empire; same for the Norse imagery providing identification with the mighty Vikings.

By the way, the government knows how important and effective this shit is, and part of USMC boot camp is filling the recruits’ minds with stories of Zulus, Spartans, and other legendary warriors to build up “a warrior mind” or whatever excuse they use nowadays.

This is the power of gangs- at the top they’re essentially businesses, but at the bottom they fulfill these very primal needs of angry and needy people; the brains of the soldiers are effectively starved for a sense of belonging, of purpose, and once the gang provides that it’s like the first shot of heroin. It’s absolutely irresistible for many, many people.

Killa Cali… like they say: Cali is King.

Califas is home to some of the toughest prisons ever built. The names of facilities like San Quentin, Pelican Bay, Folsom, or (in years past) Alcatraz are synonymous with harsh and brutal prison time even in the minds of those who know nothing of the Machine. For those who do, other names ring out- Kern Valley, Corcoran, CCI, Pleasant Valley… There are 46 prisons in California, not counting private prisons. Corcoran was the facility where guards would stage gladiator-style fights to the death between inmates in concrete exercise chambers, gamble on the outcome, and videotape the whole thing.

California was a pioneer in “control-unit” incarceration; units designed to “break” an inmate like you’d break a horse. Control units are now ubiquitous nationwide. Nowadays they call control units “SHUs” or “Secure Housing Units.” Pelican Bay’s SHU is the gold standard by which all other SHUs are judged when it comes to state prisons. The Bay got its rep because originally big-time gang kingpins were sent there, so if you went you were (by association) straight OG. But now any knucklehead who stabs a guard 40 times can go. It swelled to twice design capacity and then they built Kern Valley- the same deal but it hasn’t gotten a rep yet. See, most people who go to Skeleton Bay don’t come out so it becomes a badge of honor in prison if you served time there. There used to be a whole lot of people in other facilities saying they went there but after a while it started diluting the cred of those who really did. So now the penalty for lying about having gone to the Bay is death- and there are no secrets in prison. I hear tell that Kern Valley now is slowly building the rep that the Bay has- by the way it was built with a maximum design capacity of 2,448 inmates, but holds over five thousand inmates today. Pelican Bay is similarly overcrowded. This presents a problem because the people who’re supposed to go to these facilities have proven that they cannot get along with other inmates or cellys, and now they’re packing these guys in 2 or 3 to a cell. I’m sure you can guess what happens.

California SHU’s do not meet minimum standards for the treatment of enemy prisoners of war.

Killa Cali- it’s not just the correctional system. SWAT started there (under noted racist Darryl Gates). The Watts riots, Rodney King, the Rampart scandal, CRASH, the list is endless. LAPD is a nationwide leader in police brutality, police corruption, and is probably THE leader in police militarization. Even many of your major street gangs started and are still headquartered in California: MS-13, Bloods, Crips, Avenues (originally an anti-black extermination force under direct control of the Mexican Mafia), Nazi Lowriders (originally a hit squad for the AB), 18th Street (aka Mara 18), one of the biggest gangs in the nation with over 50,000 members (100,000 worldwide). Those are just the ones that started in LA. Also the Hell’s Angels started in Cali, as did the Mongols and other outlaw bike clubs.

The horror extends beyond prison and to the county jail system as well. A good example is the LA County Jail: the LA County Jail is the largest confinement facility on the face of the planet- the biggest cage ever built by man. Think about that for a minute. It was designed for a capacity of 20,000. Because of overcrowding- over 13,000 inmates are processed in each month- many inmates are released early. This guy had a one-year sentence for an assault charge and served 37 days, which isn’t uncommon for LACJ. Others get lost in the shuffle and stay longer than they are supposed to. By all accounts it is absolute chaos in there.

Dr. Terry Kupers, a national expert on correctional medical health care, released a 50-page report commissioned by the ACLU in which he called the jail “nightmarish” and “medieval.” He goes on to say in part that

“…idleness and massive overcrowding at the jail leads to violence, victimization, custodial abuse and ultimately psychotic breakdown even in relatively healthy people, as well as potentially irreversible psychosis in detainees with pre-existing illness… [The]mental health staff at the jail routinely fails to diagnose prisoners with serious mental illness, and downgrades the diagnoses of many who have long-established and well-documented maladies. These practices conceal the massive numbers of seriously mentally ill detainees, while also resulting in the transfer of many to the general jail population where they are victimized, or to solitary confinement where their condition dramatically deteriorates.”

But don’t take my word for it- here’s the ACLU article with a link to the full report: http://www.aclu.org/prison/mentalhe…rs20090414.html

Killa Cali- I’ve said it many times before and I’ll say it again: when it comes to gangs, incarceration, police abuse, militarization of police, prison rape, racial profiling, whatever… you name it, and Cali is king.

There’s tough joints everywhere- Illinois has Joliet, Colorado has ADX Florence, Sing Sing and Attica in NY; and Texas, Louisiana & Alabama have abominable shitholes.

But if you want gangs, rape, death, staff misconduct, and all-round mayhem; Killa Cali reigns supreme.

Killa Cali is king.

The Forever: Pelican Bay and Indefinite Supermax Incarceration in California.

Well, there it is. Pelican Bay.

Califas is notorious for its prisons, and many of its joints are legendary- San Quentin, Corcoran, Folsom, Alcatraz. These are some of the toughest prisons ever built, filled with violent men and staffed by sadistic guards shielded by one of the most invincible unions in history. The names of these facilities are synonymous with cruel and brutal prison time, even among lay people- but one stands out.

Pelican Bay is the end of the line. Most times, once you go in you don’t come out. Some have, and then gone to other facilities, and there are very few badges of honor in prison more respected than having survived at “Skeleton Bay.” It became fashionable enough that inmates at many facilities have had to institute a death penalty for lying about having been there.

In fact, when other prisons come under fire from the Justice Department, one of their main defenses is “hey, at least we’re not Pelican Bay.”

The main line

Half of Pelican Bay is “just” a maximum security prison, and like other prisons, the general population is known as the main line. This is how they roll on the main line at Pelican Bay. Skip to 0:51 to see just how quickly a prison fight starts, and why things like martial arts, “confidence,” and the like are totally worthless in prison. Those 2 guys aren’t punching him, they’re stabbing him. This is prison fighting 101.

Even the guards don’t mess around:

“The Eighth Amendment’s restraint on using excessive force has been repeatedly violated at Pelican Bay, leading to a conspicuous pattern of excessive force,” Henderson wrote in describing the severe beatings then common at the facility, the third-degree burns inflicted on one mentally ill inmate who was thrown into boiling water after he smeared himself with feces, and the routine use of painful restraining weapons against others.

-excerpt from Madrid v. Gomez

These guards got convicted of setting up inmate attacks.

The four-page indictment says that Powers and Garcia told Pelican Bay prisoners that other inmates were child molesters, thus making them targets for retaliatory attacks.  On seven occasions, the two guards spread rumors about inmates to encourage attacks on them, then put them together with other inmates so that attacks could take place. In one instance, the inmate who was attacked, Watson White, died from stab wounds he received during the assault.

The Forever

Pelican Bay’s Security Housing Unit (SHU) is considered the gold standard by which all other SHUs and control units are judged. California was a pioneer in control-unit incarceration, it’s designed to “break” inmates like you’d break a horse. For those who can’t be broken, it’s a supermax warehouse where they can be kept out of the way. 22.5 hour a day solitary lockdown, with exercise time done in a 12×28 concrete chamber (with 12 foot walls):

SHU cells are specifically designed to reduce “visual stimulation” to an absolute minimum. The cells are designed so that inmates can’t see out, or can only with great difficulty, and they aren’t allowed to put anything on the wall. No direct sunlight reaches the SHU. Inmates are fed in their cell, twice a day, through a slot.

When Dr. Craig Haney made his first visit to the prison, he was told by a guard that this was the only design flaw in the prison—that they had not figured out a way to “automatically” feed the prisoners, eliminating any need for contact with them whatsoever.[78] SHU inmates are permitted to shower three times per week.[79]

No contact visits, no phone calls, no TV, no nothing. This level of isolation requires “step-down” programs for SHU inmates. After 8-12 years in a SHU, inmates usually need a 1 to 2 year program of re-socialization to adjust even to a maximum security unit. The difference between SHU and the main line is almost as drastic as the difference between the main line and the street.

Many in the SHU won’t have to worry about that because they are serving indefinite SHU assignments. This is called The Forever.

Needless to say, SHU time can cause severe psychological trauma- sometimes irreversibly so-

Even when I’m enjoying myself, I’m thinking about the 2 million people who can’t enjoy themselves. It’s not just the 2 million, though. As I said, there’s between 6 and 10 million people going in and out of prison each year. But then there are all the people touched by the prison system, families and children of prisoners, which is a huge population. Children’s lives are being destroyed by the fact that they have a parent in prison. If someone has a father who is in a SHU and they know their father is being tortured and beaten, they can’t go on with their life. They can’t live to their full potential while that’s gnawing at them. You find families broken up, and you have a generational cycle where someone’s parents are in prison, which has repercussions on their livelihood. And there are effects on the community. Communities become completely unstable when so many men and women are in prison.

-Full article.

Want to build your own supermax unit? It’s as easy as Legos!

In California, 34,164 inmates are serving life sentences.

Hellhole.

Seven prison systems — Illinois, Iowa, Louisiana, Maine, Pennsylvania, South Dakota and the federal penitentiary system — do not offer the possibility of parole to prisoners serving life terms.
That policy also extends to juveniles in Illinois, Louisiana and Pennsylvania. A total of 6,807 juveniles were serving life terms in 2008, 1,755 without the possibility of parole. California again led the nation in the number of juveniles serving life terms, with 2,623.

Note that you can still get life without the possibility of parole sentence in other states (even as a juvenile), it’s just that in the quoted states all life sentences are automatically no-parole.

Burk Foster, a criminal justice professor at Saginaw Valley State University in Michigan and an expert on the Louisiana penitentiary system, said the expansion of life sentences started at the Louisiana State Penitentiary at Angola, the nation’s largest maximum penitentiary, in the early 1970s, when most people sentenced to life terms were paroled after they had been deemed fit to re-enter society.
“Angola was a prototype of a lifer’s prison,” said Professor Foster. “In 1973, Louisiana changed its life sentencing law so that lifers would no longer be parole eligible, and they applied that law more broadly over time to include murder, rape, kidnapping, distribution of narcotics and habitual offenders.”
Professor Foster said sentencing more prisoners to life sentences was an abandonment of the “corrective” function of prisons.
“Rehabilitation is not an issue at Angola,” he said. “They’re just practicing lifetime isolation and incapacitation.”