It's 1995, Christmas night. As other women prisoners sleep, I lay here with anger and attitude. Although I've been here 14 years for a crime I did not commit, I'm too overtaxed emotionally about what is happening in this prison to even focus on fighting for my own life.
A few months ago, a young African American woman died during childbirth, and the administration never bothered to inform us why. When you live, eat, sleep, shower and talk with your fellow- creature human beings one day, and the next day they are suddenly dead, don't these people realize we need to understand why. Therefore, we must come to our own conclusion, which is murder by negligence.
Pregnant women are not monitored properly. They remain on units until a few days before their due- dates, and sometimes until they go into labor. There was no ultra-sound until after Sandra's death. The nurses are responsible for determining when then women should be taken out. Most women simply scream and yell, going through labor at the prison clinic until the last minute. Because of this, two babies were born at the unsanitized clinic, and one child was born on the highway, delivered by officers en route to the hospital.
Sandra wasn't so fortunate. Her child was breached, and because of the delay getting to the hospital, an emergency surgery of a c-section was performed. Somehow, in all the rush, the bag the baby was in [the amniotic sac] was cut. This caused the fluids to leak into Sandra's bloodstream, causing a heart attack from the toxins in the [amniotic] fluid.
Next, my friend of 14 years is over at the prison clinic dying of cancer, yet rumors of AIDS overshadow the situation. Several years ago she reported that she was raped, and nothing was done except a brief investigation. My problem is that, even if it's cancer, prisoners do not have access to proper medical exams to determine illnesses until they have developed into a fatal stage.
And if it's AIDS, why aren't there any protective measures of having separate housing for AIDS, tuberculosis and terminally ill prisoners from [the general] population? Nevertheless, if she got AIDS here, how did she get it? Doctors affirm that homosexual activity between women is less probable to cause AIDS. Yet where a guard can rape you and get away with it, the AIDS risk increases because penetration definitely can cause the person to be more at risk.
Next month, Jan. 17, 1996, Gwen Garcia will be put to death by lethal injection, and yet nothing other than a pre-planned lockdown is being prepared for the emotional pain of the women who knew, loved and shared as much as a decade of our lives with her. Around here, people dying and being murdered is a hush-hush thing.
Old people are forced to walk long distances to get their medicine, or medical attention, either as early as 5 a.m. or late in the evening in the midst of freezing weather. During meals, women are bullied to wolf down their meal, poked and pointed at, yelled and cursed at to get the "F" out. [Women are] simply denied a humane opportunity to eat and digest their food by guards who circulate over the meal tables and harass them as they try to eat.
Whenever news media or reporters get in [to the prison], prisoners are hand-picked. Those who are allowed to speak, are encouraged by intimidation of administration to lie about the conditions and treatment they receive here.
There has been a group as large as at least one hundred officers politely allowed to resign or transfer, following the investigations of sexual activity with prisoners, and suspicion of women taken out for abortion is a blatant cover- up.
How can I enjoy Christmas, when my life can be taken by medical neglect, abuse, or AIDS; a guard can rape me and get off; or I could get beat-up for not eating my food and getting out of the dining hall.
The women here have been getting beat-up where the guards claim to use "restraint" in any act of resistance. But the use of excessive force prevails where several males have got a woman in restraint, yet out of some perverted pleasure, continue to beat her up.
I am innocent of the charge of murder, and even though the police have testified that I did not commit the crime, I cannot seem to get the Governor's attention. I want to get out of here before I'm the next one to lose my life, as it is treated as worthless.
Thank you for giving prisoners a chance to at least express the truth. God Bless you.
--an Illinois prisoner, Dec. 25, 1995
MC49 responds: You correctly allude to the problems associated
with integrating HIV-positive prisoners (HIV is the virus which causes
AIDS) with HIV- negative prisoners. Prisoner-on-prisoner rape is
one reason integration is a problem. Prisoners' lack of access to
safe sex tools like condoms and dental dams is another. However,
separating prisoners based on HIV status has resulted in brutal,
discriminatory treatment of HIV-positive prisoners by reactionary
guards. Until we succeed in depriving the reactionaries of their
right to rule, this will unfortunately be a no-win situation
for the oppressed.
MONEY MISUSED: PRISONS INSTEAD OF PEOPLE
Sorry for not writing, but there are so many altercations going on in the system today that I had to do an in-depth study on the American Justice System. First of all, roughly 877,000 Black men between the ages of 20 and 29, an astonishing one in every three, are in prison, jail, on probation or parole. Incarceration rates for Black men have soared since 1990, when one in four were under the criminal justice system.
Discrimination explains part of it. So does the Sentencing Project, a research organization that seeks alternatives to incarceration. Also the nation's failed "War on Drugs". Police drug sweeps in poor communities and mandatory sentencing laws have had a disproportionate impact on young Black men.
But discrimination and drug policy don't explain it all. Poverty, unemployment, drugs, family disintegration, and gangs in the poor communities all play a part in the downward direction of our Black men. So far the country is moving precisely in the wrong direction, wasting increasing funds in the construction and operation of prisons while doing less to change the conditions that breed crime in the first place. (The focus should be on relieving poverty in the Black communities.)...
--a California prisoner, Oct. 11, 1995
AMERIKA EXPOSED!!!
The sham which many amerikans refer to as the "criminal justice system" has been known by an enlightened few judges for many years, but rarely do they speak publicly or write to expose this farce.
An unusual exception to this is a published Michigan Court of Appeals decision dating back nearly 30 years. In a concurring opinion in People v. Byrd, 12 Mich App at 194, here is what Judge Levin has to say in part:
In Detroit less than 5% of the felony dispositions are accomplished by jury trial....If everyone entitled to a jury insisted on it, the attempt to administer justice with present resources would collapse altogether. Thus, the prosecutors must bargain and judges must accept pleas to reduced charges whether they like it or not. (at 196)
The practice of reducing most charges to obtain pleas of guilty results in judges' tending to give as much attention to original agreement does not always result in the imposition of the minimal sentences lower than that which would have been imposed upon conviction for the original charge. (at 222 fn 48)
"Too often the result may be excessive leniency for professional and habitual criminals who generally have expert legal advice and are best able to take full advantage of the bargaining opportunity. Marginal offenders, on the other hand, may be dealt with harshly, and left with a deep sense of injustice, having learned too late of the possibilities of manipulation offered by the system." Task Force Report. (at 195 fn 4).
Police officers bring in an accused person and the prosecutor is confronted with the choice of allowing him to plead guilty to a lesser offense or waiting for months and sometimes years to bring him to trial, by which time witnesses may have lost interest, memories have faded, and for those and other reasons prosecution is difficult, if not impossible, all of which aids defense counsel in exacting concessions which otherwise would not be at all appropriate and which no prosecutor would consider. (at 223-224)
[A guilty plea is a] waver of constitutional and other fundamental rights, e.g., the right to a trial by jury, the right to be confronted with witnesses against him, the presumption of innocence, the right to have his guilt proved beyond a reasonable doubt, and in Michigan, the right to appellate review. (at 202)
Judge Levin exposes the whole corrupt system. The system cannot bring all persons to trial "or the system would collapse into chaos." So prosecutors threaten and intimidate witnesses in order to gain the upper hand. The police do not adequately investigate cases and the net result is that an accusation is tantamount to a guilty verdict for anyone who cannot afford Johnnie Cochran or F. Lee Bailey.
GUERRILLA LAW
Here in the fascist state of Michigan, a group of courageous hostages at Jackson Prison have been standing up to the system. A small group of prisoners have been writing and distributing "Manifestos" in county jails, advising pretrial detainees of their rights. Apparently, the aim is to encourage pretrial detainees not to surrender their rights to jury trials in order to cause the system to collapse.
A note about Judge Levin's opinion. It was written back in the 1960's when "less than 5%" of cases were taken to trial in Detroit. In the last 30 years the total number of felony cases escalated by five-fold. So in all likelihood, less than 1% of all felony cases go to trial.
Defendants are actually helping out the prosecution and perpetuating this farce of a system by pleading guilty. If there were an organized effort to encourage all defendants to demand jury trials, well over 90% of all cases would have to be dismissed for want of enough jurors, judges and prosecutors. The "criminal justice system" in kkkalifornia is most susceptible to such a tactic, as it is the largest kriminal injustice system in amerika.
Another problem is that defendants are divided by the prosecution (divide and conquer). In reality, all prisoners are in the same boat, regardless of the crime they are accused of. Prisoners are helping the prosecutors send themselves to jail by coercing others and leading them to plead guilty just to get out of the county jail. Remember, the more resources the prosecutor spends on the other guy's case, the less he has to spend on yours!
The Best Way to help out your case, is to help out the other guy with his case!!!
--A friend in Michigan, Nov. 27, 1995
HIGHER TELEPHONE RATES FOR PRISONERS
Editor Notes: This letter is a compilation of two letters written by a California prisoner. One letter was written to MIM directly in Oct. 95 The other was printed as a letter to the editor in a San Francisco newspaper called The Sun Reporter on Dec. 14, 1995 and then sent to MIM. We at MIM chose to combine these two letters to maximize the information on the subject of prisoners' telephone rates.
Dear Sir/Ms.
Around the first of 1995 my wife and I noticed our phone bills sky-rocketing, we started poking around.
I filed an inmate appeal here at Mule Creek State Prison complaining about the phone rates. The prison answered me and said that the California Public Utilities Commission (CPUC) and Federal Communications Commission (FCC) had passed a tariff which allows the M.C.I. Telecommunications corporation to charge a $3.00 surcharge on prisoners' local and long distance collect telephone calls, plus the charge for every minute thereafter. There are absolutely no night, evening or weekend discount rates.
Then I contacted Thomas Hora at the Federal Communications Commission in Livermore, CA. He wrote me back and said that FCC excluded inmate pay telephones from the Consumer Protection Act. Also, Mrs. L. Schein, a consultant for the CPUC contacted me and said that the CPUC has no jurisdiction over customer-owned pay telephones!
I wrote back to Mrs Schein and told her I thought that was untrue, because the California Constitution, Article XII, Section 1-5 exclusively gives the CPUC jurisdiction over our telephone rates. She then wrote me back, "You are correct, The $3 charge was approved by the [California Public Utilities] Commission."
...Because prisoners and their families are not a favored political group, this increased tariff could be passed through the powers that be with little or no objections once they got ahold of these lucrative contracts... These mark- ups are being paid by prisoners' poverty stricken families and loved ones who are the most vulnerable, yet least able to afford such monstrous phone bills. This is what telephone deregulation has wrought in the penal world.
My wife contacted Andy Furillo, a reporter for the Sacramento Bee. Mr Furillo requested an interview with me at the prison, but the interview was denied by prison officials. Meanwhile, I filed a separate appeal, asking the California Department of Corrections (CDC) to disclose the telephone contracts between them and MCI....
We found that because of deregulation, profiteers seem to be trying [to take advantage of prisoners] all over the country. Prisoners in Ely, Nevada just won a suit against Sprint, which agreed to pay back all overcharges to prisoners' families and reduce the rates back to where they are supposed to be.
Federal prisoners in Lexington, Kentucky just won a suit against AT&T, titled Washington v. Reno, it was won in U.S. District Court in eastern Kentucky. In the settlement, the Bureau of Prisons agreed to pay back $4 million to the Inmate Welfare Fund and $25 million back to inmates.
I know we can get the rate back down, because I have found something called the Ben Avon Doctrine, in Ohio Valley Water Co. vs. Ben Avon Borough et. al. In this case, the high court ruled that "due process requires opportunity for judicial determination of reasonableness of rates for public utilities set by public utilities commission." Obviously, the surcharge increase would not be a "reasonable need of MCI's business," a term used in connection with the "accumulated earnings tax."...
I don't think I'm going to let these real criminals get away with ripping off my wife! So I'm seeking assistance, information and media exposure....
--A California prisoner, Oct. 10, 1995 and Dec. 20, 1995
MIM ADDS: Readers, Please send any information about prison phone
tariffs or rip-offs to the UL&K address.
ADOC HELLHOLE
...The Arizona Department of Correction (ADOC) can get away with all of the policies they want to implement. They ( the administration ), have virtually taken every thing from us .The weights, most of the store, our own clothes, our beanie caps ( it gets extremely cold in Northern Arizona, where this institution is located), stereos, CD walkmans, typewriters in the law library, etc. The list goes on. All of this has happened in the last year. Governor Symington and Samuel Lewis, (the director of ADOC) has vowed to make the ADOC a living hellhole.
It was my understanding that a DOC is supposed to punish and rehabilitate a convict. It seems their job is to make a person who is not aware of what is happening, to become bitter so they will get out and do something to return. Sort of a job security tactic.
I try to help my people to see what the deal is, but to no avail. They are scared of getting locked down. Hell, we are already in lockdown. This is a high medium yard, with controlled movement. We are in a worse situation than the people in maximum. The Anglos are the only people who have any type of serious organization. Because the yards in Arizona are extremely segregated, I cannot blend with them without any retaliation. I do get to talk to the legal assistants and clerks in the law library where I work, but these conversations are very limited and lead to no action.
Anyway, I would like to remain on the subscription list. I will never give up on trying to organize. I will write again when you request me to or if the situation in ADOC becomes more unbearable.
Love and Peace to you, my Comrades.
--an Arizona prisoner, Oct. 16, 1995
MUSLIM PRISONER ASKS LEADERS TO COME INSIDE THE PRISONS
A note from MIM: While this prisoner addresses the Muslim community, we at MIM feel that this letter speaks all oppressed nations in Amerikkka.
Many people talk about the problems, teach about the underlying causes of our problems and offer possible solutions to our problem, yet how many actively work on behalf of the people? Giving a little money here and there is not enough; we need to get off our high horses and help on a grassroots level.
In the December 24, 1995 Muslim Journal, Tony Brown said, "When you take a sixteen year old drug pusher off the street, you make the community better and safer. That is, in my opinion, the biggest lie I've ever heard from a so-called advocate of oppressed people. Tell me, Tony Brown, why would you want to put a sixteen year old in prison where the oppressor can further crush his spirit or instill hatred toward humanity in him. In prison he will be exposed to incorrigible criminal mentalities who will educate him in the art of becoming a better drug seller. For the most part, brothers and sisters in prison take their rage out on his or her own community rather on those responsible for the suffering because they fear the state.
What we need to do is create social programs and efficient support networks to teach our youth about the destructive impact of drugs on our communities, how to avoid the pitfall of selling drugs, how to deal with peer pressure, and to provide constructive outlets for youth to focus their creative energy.
Look at the TV or read the newspaper on what's happening to corrupt police all over New York City. Many police officers are being arrested on charges of putting our youth on the street to steal drugs for them. These enforcers of "law and order" are arresting some of our youth on false charges or petty offenses, then forcing them to sell drugs to avoid being put in jail or going to prison. Remember Larry Davis! What about the 16 year old who was set up and arrested on false charges and then forced by crooked police to sell drugs for them to escape jail?...
Many of our brothers and sisters didn't receive proper guidance at an appropriate time....Rather than stand at a distance offering opinions about thrusting our youth in prison, our so-called leaders need to start coming inside the prisons to help revive the dead spirits of brothers and sisters behind the walls....
To suggest that our youth should be incarcerated is clearly a form of collaboration with the oppressor. Then again, we have young Muslims returning to the community from prison with only 40 dollars in their pockets. They don't have many jobs available to them. Sometimes they have no place to sleep, no food to eat, no clothes to wear and when the go to the MasJid for help, all they get is As Salamu' Alaikum. As Salamu' Alaikum will not put clothes on their back, food in their stomachs and money in their pockets. The Islamic community has to start helping these Muslims being released from prison....
We should be examples, guides and teachers for humanity. We must build drug rehabilitation centers, Muslim businesses, Muslim housing and Muslim schools for our Muslim communities and take an active part in our peoples' overall struggle to be free from this system. Be not of the advocates who dazzle people with talk all day--we need more action from those who claim to be doing work on behalf of Black spiritual liberation. Let us all struggle to help the Islamic community to help itself and revive the spiritually dead amongst us.
--a New York prisoner, Nov. 14, 1995
FLORIDA CENSORS MIM NOTES
In early January, a prisoner from the DeSoto "Correctional" Institution asked MIM to send subscriptions to nine of his friends at this same institution. A few weeks later all nine issues of MIM Notes were refused and returned to MIM.
--RCG1
WASHINGTON STATE CENSORS MIM NOTES
According to a letter sent to MIM from the Washington state Department of "Corrections," MIM Notes was censored because it is a publication unauthorized by policy, per memo issued by headquarters.
To protest this censorship, one can write to the Director, Division
of Prisons of Community Corrections, PO Box 41100, Olympia, WA 98504-1100.
ARIZONA CENSORS MIM NOTES
Dear Under Lock and Key,
Attached hereto is the Arizona Department of Corrections' rejection of the latest MIM news you sent me [MIM Notes, Jan. 1996]. It's understood that the Arizona DOC will not allow MIM Notes to enter, so in consideration of your limited funds, it is best not to waste them sending them to me while I'm here.
I want to thank you for having sent the issues you did send. I also salute you in your endeavors. MIM lives in my heart, mind and soul. Keep up your efforts because the oligarchy's repression increases daily, threatening our very existence. The beast thirsts for our blood. I am confident that ours, like all great movements, will succeed. The struggle will be invigorating, the hardships stimulating, and final victory elating.
All great movements begin small and suffer setbacks, but the dream, the ideas, and the determination prevail. Be encouraged and persevere, for only one result is imaginable. You/we will prevail, will grow and will succeed. You are the only voice telling the truth. You/we will win. In revolutionary solidarity, your brother
--an Arizona prisoner, Jan. 17, 1996