MIM Notes 224   December 15, 2000

DNA may help some for a time, but can't fix a flawed system

During the month of August, I was on a work crew in the Black Hills
National Forest, assisting with the fire suppression efforts there. [...]
In your letter, you asked my opinion on DNA testing for death row
inmates. While I have mixed feelings about DNA testing itself, especially
since the fiasco at the FBI lab, I do believe that it is an important tool
for those who have been wrongly accused and/or convicted.

In my opinion, this testing should be made available to any and all
persons who are facing the loss of life as the result of an alleged
crime. If a legitimate doubt exists as to the guilt of a person, then the
courts should be mandated to require DNA analysis prior to an execution. I
believe the death penalty to be a hypocrisy, but sadly, it appears that it
will not be abolished any time soon. The next likely president of the
United States is a governor from the state that has made an industry of
killing people. His election does not bode well for any of the captives in
this country. Because of this political climate, DNA testing is necessary
... even if only one innocent life is spared, it is worth the cost.
--a prisoner in South Dakota, 6 September 2000.

MIM Responds: The advent of DNA evidence has been a big problem facing the 
ruling class. Governor Ryan recently suspended the death penalty in Illinois 
because 13 death-row inmates were found to be innocent on the basis of DNA 
evidence (see MIM Notes 214). George W. Bush had to order a stay of execution 
this summer and pardon another man, all because of DNA evidence. This is an 
embarrassment to the bourgeoisie, which boasts that it's courts are "0.05%" 
accurate.

So DNA testing should be available to those who request it. However, DNA is 
not the magic bullet. As this prisoner points out, the FBI lab is known for 
shabby science -- and there is plenty of reason to question the objectivity of 
labs tied to Amerika's various police forces. Thousands of cases in Los 
Angeles and elsewhere have shown that cops can and do plant such evidence. Now 
that they know about DNA they will start planting it more. Suspects and 
convicts in the past could prove themselves innocent with DNA; today, the cops 
and prosecutors will simply turn to fabricating DNA evidence. 

Some states are already moving to ITAL require END all prisoners to give DNA 
samples, a move we oppose. Cops have also started to keep databases on non-
prisoners. The pigs may then go through them each time there is a new unsolved 
crime. Police and prosecutors are working hard to make DNA testing another 
part of their ITAL guilty until proven innocent END system. This kind of 
"political climate" is endemic in Amerika, and will persist despite small 
changes in policy and personnel, until the imperialist bourgeoisie which 
controls the "injustice system" is overthrown.

Prisoner Fights Brutality in Florida

Check this out: I had Lockjaw for about six years. I keep signing up for
sick call and when I see a doctor, he would treat me for a chronic sinus
condition. I told him that I had a swelling in my upper palate that goes
into my brain. I still have it, and it's very painful. I got a very bad
gum disease because the oral surgeon kept cutting my gums open to get at
my sinuses. That's how I got the gum disease which they are doing nothing
about. I had surgery at least 5 times.

So I feel that after suffering agonizing pain for six years -- and having
tried several different kinds of antibiotics -- these people don't know
what they're doing. So I sued for deliberate indifference to my serious
medical needs, and I filed another ITAL separate END suit for
intentionally denying me access to court. [The courts made a serious error
in the filing of the court case paperwork.] I asked the Clerk of Court to
straighten it out because they are only acknowledging my medical complaint
and not my denial of access to court. At first I thought they did it
inadvertently. That's why I sent the Clerk of Court a copy of the original
complaint on which they stamped filed, on June 4, 1999. I had sent copies
to the U. S. Supreme Court Chief Justice, Janet Reno, Senator Connie Mack
and Ronald Graham and the United States District Court Senior Judge
William Stafford, and they would not even mention this case like it's
non-existent.

I was sent to the oral surgeon earlier this year. He said that he was only
going to do a biopsy exam -- that he was only there for a consultation,
but they waited too long to send me to him, so he did the surgery right
away. Now because I had my lawsuit pending, he intentionally omitted what
all he actually did. He cut my palate open -- cut or scraped the infection
in my sinuses -- the gum disease had caused pockets to form in which my
veins and arteries got trapped in between my teeth -- it is extremely
painful.

So right after surgery I was sent to [another facility]. There was only
hot water in my cell. I asked to have my water fixed or to be
moved. Instead, I was sprayed with peppermace, shielded, handcuffed,
punched and kicked all over while handcuffed -- all my injuries happened
outside the cell while I was handcuffed -- they twisted the upper half of
my body one way while another officer was standing on my neck and another
was pushing down on my chest -- thus they tore my right side muscle. I had
a large knot on my forehead and bridge of nose. I was transferred about
three hours later. They didn't use a video camera. Medical didn't record
my injuries.

Now I didn't receive any disciplinary report. Yet they keep bringing this
incident up at my CM review hearing and refuse to give proof of
allegations that I did anything wrong. I have a 21 month clean
disciplinary report yet they are using close management to punish me.
I have absolutely no one to help me! Yet I will fight on fearlessly.  I
tried every organization you can imagine -- yet I am on my own -- my mind
is a little more clear after the surgery -- and I am very resourceful, as
I will show them.

Patience, self-control and constant study will keep your mind strong and
positive, and help you to live with dignity. They try to degrade you and
break your spirit. Always stand up for yourself and what's right -- it
will make you even stronger -- and it will make your enemies go from bad
to worse until they self-destruct.
--a prisoner in Florida.

MIM adds:  MIM does not prioritize the type of litigation that would
address this writer's concerns directly. We prioritize the organizing
revolutionary public opinion and independent institutions of the
oppressed. One of the institutions we are continuing to strengthen is the
Serve the People Prisoners' Legal Clinic (PLC). We encourage prisoners,
like the above writer, that want to fight legal battles to improve the
conditions of prisoners to coordinate with MIM. Working together in
targeting specific legal battles, public opinion campaigns or other
projects that are proletarian-led is more effective than consistently
running up against brick walls in Amerika's kangaroo court system.

Legal Victory in North Carolina

Greetings! I received the MIM Notes issues (Sept. 1 and 15) on
9/11/00. Before speaking on MIM's material, I just want to let you know
that the recent "battle" with the beast, over a rule prisoncrats were
trying to enforce, which would have cut off all access to books,
magazines, newspapers, etc. through the mail, went in the prisoners'
favor. I know, from outside sources, that this rule was to be enforced in
several other plantations, even in Virginia. But this is a method I and a
few others here have used: we just used the idea of bringing this wrong
doing to the attention of the public. Several local radio stations and
newspaper outlets were written. I went as far as sending letters to
several people within the D. O. C. to see if they would be able to give a
"justifiable explanation" to such a rule (yeah, right!). I wrote the
Parole Board, the Prison Legal Services and the Director of Prisons in
N. C. Letters were also sent to outside organizations like the ACLU, Duke
University Law School, and the law school at UNC-CH. Besides writing
letters, we set to writing grievances and sending our complaints to the
superintendent (when writing officials representing the D. O. C., I always
let them know that similar letters have been sent to outside entities). I
even got some associates to make phone calls to this institution as
"concerned parents and relatives". This type of pressure of exposure
coming from so many different directions provided enough "straw" to break
the camel's back! The rule was immediately recanted. Of course, there were
other bogus rules which were enforced, which revolve around the conditions
of confinement; but I overstand clearly MIM's point about making an effort
to attack those targets which are primary to revolutionary struggle. Being
able to receive educational material through the mail is essential for
those of us who are in the belly, to prepare ourselves for the struggle.
--a prisoner in North Carolina, 12 September 2000.

Youthful slavery and death in South Carolina

Here in South Carolina there is a program known as the "Youthful Offender
Act," which allows 17-25 year-old males to be placed in concentration
camps, or as the pigs call them, boot camps. The name of this camp is the
Wateree River Correctional Institution.
The place is a literal hell. They make us do all sorts of things in the
name of "rehabilitation and reform." They abuse us physically. They can
slam us on our necks whenever the thought occurs to them.

They make you go into the field and work. Everything is by hand, chopping
rows of corn, weeds, etc. In ranks we do this, like slaves, all the while
singing their cadence song. They can make you exercise until you pass
out. If you call out from exhaustion they'll slam you and write you up.
We gain nothing by this, yet the state makes money from the work we do for
free against our will. Isn't that the very definition of slaver? And this
is supposed to "help us"? Help us come right back, because it fills us
with hatred and warps our way of thinking.

To make matters worse, if you don't do this slave labor, you will have to
max out your sentence. Then they come down on us for being political, or
as they put it, a "security threat group."

They can bring us down. It seems hopeless sometimes to us that fight for
revolution. But onward my beloved comrades! I see revolution just over the
horizon. I can taste the victory. I can feel it as it courses through my
veins and gives me life and power.
In revolutionary love and struggle,
--A South Carolina Prisoner, 19 October 2000.

MIM adds: For those who do play along and do the labor at Wateree, the
outcome it sometimes fatal as well. In 1999, Travis Williams, an
18-year-old Wateree prisoner, was run over and killed as he worked the
litter cleanup crew off of Interstate 20. The driver who killed him kept
on going.(1) Previously, in 1996, Tony Hines, a 38-year-old Wateree
prisoner, had been run over by a tractor and killed while riding back from
a day of working the fields. Hines was riding on the front fender when
then tractor hit a bump, he fell off and was killed.(2) He was serving
what was supposed to be a three-year sentence for cocaine possession, but
it turned into a death sentence.

Notes:
1. The Post and Courier (Charleston, SC), August 19, 1999, p. B6.
2. The Post and Courier (Charleston, SC), September 9, 1996, p. B3.

Fighting Censorship in Connecticut

It is true that these pigs have been "censoring" (stealing) literature
from fellow prisoners, because the D.O.C. disagrees with the material. It
shames me to admit this but the only reason the CT D.O.C. is and keeps
doing this is because weak comrades let them. Most prisoners have a "Good
Talk Game" but lack action. Whenever D.O.C. takes publications, 99% of all
prisoners bitch, cry, and complain but they don't file civil actions.
I'm no lawyer (Jail House Lawyer) but there are some very simple legal
books in CT that outline prisoners rights (enclosed is a copy of a page
from a legal book on prisoners rights). I recently used this book to win a
partial victory in court. 3 out of 4 of my books were ordered to be
returned by the court.

The CT D,O,C, pigs have done most everything to hinder prisoners in filing
legal claims. "First" they took all law libraries out of the prisons. Now
we have to rely on a legal assistance program that is worthless and takes
up to 90 days to respond to legal requests, which don't help when we have
only 30 days to respond to a motion. "Second" the pigs almost tripled the
price of photocopying from $.10 to $.25 per sheet Third they took all
legal supplies, including carbon paper, so we're forced to pay for copies
that we use to write ourselves. Fourth they don't allow us to use the
inter-department mail system. No more which entitled prisoners to courts
for free, now we have to pay postage fees. This all adds up for unemployed
prisoners, and most don't want to pay. I've never been politically active,
politics are relatively new to me. I've become interested in since I
suffered so much abuse from this fascist prison and government.

This government claims we citizens have the right to bear arms and protect
ourselves and property. But that's why I'm in prison. You asked if I'm
expecting to get out soon. No, I'm doing a life bid (actually double life
with no parole) because I was attacked, robbed at gun point. The only
thing is I also had a gun -- and used it. Hence I got to spend the rest of
my life in prison (for protecting myself). I'd like to let you know that
yes I can receive books from MIM and I guarantee if these self-righteous
pigs stop or try to stop any material you may send, they'll find
themselves back in court. Right now I'm housed in a segregation unit. This
is the best place to feed the mind, there's no distractions like the
general population.

Thank you.
--A Connecticut prisoner.

MIM responds:  We encourage this prisoner and others to take up the
challenge of leading others in the struggle against oppression. Instead of
merely saying that most prisoners only complain and do not fight against
censorship, we challenge you to take initiative and organize prisoners to
fight censorship and oppression more broadly. Start with holding a
revolutionary study group including discussion of the basic reasons that
prisoncrats would want to deny prisoners access to educational and
revolutionary material. Help others study a few issues of MIM Notes and
discuss the Maoist arguments concerning the purpose of Amerikan prisons.
Related, we strongly urge prisoners to do what they can to stay out of
segregation. When isolated, it is more difficult for you to access other
prisoners, as well as additional organizing materials. While this prisoner
correctly utilizes the situation to further study, many of our comrades
are thrown in segregation for political actions. What we advocate is
staying within the rules of the prisoncrats where possible and working
with other prisoners to end oppression and moving forward to legally
challenge rules that prevent further education and organizing.

MIM Notes Censored in Wisconsin

First off, I salute you and  all the fellow brothaz in this modern day
game of slavery with the clenched fist of struggle.
Today, my purpose for writing to you is to make you aware of my situation
concerning MIM Notes, me, the government, censorship and my 1st amendment
right to press and association.

On May 23, 2000, I received from you (MIM), the anticipated upcoming
newsletter. Unfortunately, I was never blessed with the
material. Institution Security stopped it, read it, understood it and has
prevented me from having it. Ain't that a bitch!? This is what the warden
here said: "In the newsletter, MIM explains its beliefs, philosophy and
theories. In it, a statement 'MIM struggles to and the oppression of all
groups over other groups: classes genders, nations. MIM knows this is only
possible by building public opinion to seize power through armed struggle'
can be found. It is not advisable for a correctional institution to allow
material in that publishes and advocates violence as a means of obtaining
an objective. It is for this reason the publication was denied."

After reading this, I was appalled! I know it was because of Politcial
Expressions that were expressed. Under Wisconsin Admin. Code DOC 309.05
(2)(c), it says; "The department may not prohibit a publication on the
basis of its appeal to a particular ethnic, racial, religious audience or
because of the political beliefs expressed therein." Of course I pointed
this out, but to no avail. The rule books are being rewritten "in their
own language." So the constitutional violations continue and I will
definitely be taking this to court.

I look at it like this: my political beliefs/interests are my
religion. You  must respect it, if not tolerate it. Right now "Devil
Worshippers" get more respect than I am getting. It's a damn shame! And
because I won't bow down to capitalistic teachings, I've been label an
outcast by those who have never stayed true to anything in their entire
opportunistic lives including political parties, religious sects. They're
vultures, liars, cannibals and imperialists who can't stand to see another
rise above the fuck shit. They're hatin' me!
With that said, I hope you keep the material coming. Send me past material
(back issues). The more they reject, the better my case will be. And if
possible, if anyone does have any insight, advice or useful info. holla at
me. Meanwhile, I'll be sittin; in the prison system of Bitch-consin/ tryna
keep the prison guards from stalkin'/I mean dick watchin'/Tied up behind
double payned/and heavy duty chains/893565 is my name/and either slave in
the game/of oppression/eager to teach me and my niggaz a lesson/can't find
a  smith-n-wesson/causee I'm tired of what these homosexuals stressin/and
if I rebel/I'm labeled a gangbanger/and shipped around by the slave
trader/like I'm  part of the Oakland Raiders/I can't get no peace.
Love of the Strugggle
--a Wisconsin prisoner.

MIM responds: MIM agrees with this prisoners' overall sentiment regarding
censorship. But we point out that the derogatory reference to homosexuals
is incorrect. It is the patriarchal society that has created the notion
that heterosexuality is acceptable and homosexuality is not. MIM fights
against all forms of class, national and gender oppression. We encourage
you to study MIM Theory #2/3 which discusses in depth Revolutionary
Feminism and gender oppression, available from MIM for $5 from the address
on page 2.