California Prisons

Below is an excerpt of a letter that was sent along with a resource packet to the Pelican Bay Warden and Pelican Bay Institutional Gang Investigations.

Greetings from The Yard. I am a prisoner that is providing a service to my incarcerated peers. I provide resources for self-help programs, rehab, housing and career info. It is my understanding that inmates in the SHU corridor are going to strike due to certain demands that they are asking for.

One demand that interested me was the opportunity to receive self-help and religious materials. I feel that The Yard can meet that demand. I have put together a self-help and religious resource packet that can be given to an inmate requesting self-help, religious or parole resources. All of these programs can be utilized by an inmate through the mail without any type of facilitator or supervision... The resource packet includes an application for parole resources. SHU inmates most likely do not have access to these resources. They can send these applications to The Yard and dedicated peers involved themselves in self-help programs will fill them out and send them back. The Yard has an ever-growing data bank of up to date resources for all of California...

In a May 23, 2011 decision by the United States Supreme Court in Brown v. Plata (2011) 563 U.S., the court held that a population limit of 146,000 prisoners was necessary to remedy unconstitutional medical and mental health conditions in California prisons. Although the Court recognized that there were other factors which contributed to inadequate medical and mental health care, the court nevertheless found that the primary cause of those deficiencies was overcrowding. There are just not enough qualified medical and mental health staff to effectively treat 175,000 prisoners in a system designed to house only 80,000 prisoners. These overcrowded conditions are leading to the spread of many diseases and delaying other medical conditions that are going untreated and resulting in unnecessary pain and death. Overcrowding is also affecting staff's ability to properly treat prisoner's mental health conditions. California prisons have a prison suicide rate 80% higher than the national average. 72% of suicides in California prisons involved some measure of inadequate assessment, treatment, or intervention, and were therefore most probably foreseeable and/or preventable had mental health staff not been overburdened with so many prisoners.

Because there was a concern with the consequences of releasing 46,000 prisoners into the community, the court ordered California to immediately start identifying those prisoners who pose the least risk of reoffending and offer them an expansion of good-time credits towards early release. Based on these concerns, it is most likely that those convicted of violence will not be afforded early release. The Court was concerned with the consequences of a previous Court ordered population cap on Pennsylvania prisons in which, during an 18-month period after their release, police rearrested 9,732 prisoners for committing new crimes. Those new crimes included 79 murders, 90 rapes, 1,113 assaults, 959 robberies, 701 burglaries, 2,748 thefts and thousands of drug related offenses. Based on that prior experience, which the Court did not want to repeat, the Court recommended that besides releasing those most likely not to reoffend, California could find other alternatives like diverting low-risk offenders to community based programs such as drug treatment, day reporting centers, and electronic monitoring, instead of releasing violent prisoners.

The California legislature was already working on such a proposal in Assembly Bill 109 which was recently passed and signed by the Governor. AB-109 includes 640 amendments to various California statutes, not all concerning prisoners. As for those that do address overcrowding, only two are worth noting.

The first is an amendment to California Penal Code (PC) 1170(h) which now allows certain persons sentenced up to 3 years to serve that entire sentence in a county jail. Before, only a sentence of 1 year or less was required to be served in the county jail. Those who will not be required to serve a sentence of 3 years or less in a county jail are: anyone who has a prior or current felony conviction for a serious felony as described in PC 1192.7(c ), a violent felony as described in PC 667.5(c ), anyone required to register as a sex offender, and anyone who received a sentence enhancement pursuant to PC 186.11.

The second change worth noting is the promulgation of "The Postrelease Community Supervision Act of 2011." This Act added sections 3000.09; and 3450 through 3458 to the California Penal Code. The Act states that all those released on and after July 1, 2011 who have not been convicted of a serious felony pursuant to PC 1192.7(c ); a violent felony as described in PC 667.5(c ); sentenced pursuant to PC 667(c )(2); PC 1170.12(c )(2); or any person classified as a High Risk Sex Offender, will no longer be on parole nor under the jurisdiction of the California Department of Corrections and Rehabilitation (CDCR). Instead, those persons not convicted of violent or serious felonies as described above will now be released on what will be known as "Postrelease Supervision" and will fall under the jurisdiction of the Sheriff or Director of the County Correctional department for the County that person is released to.

Those persons who qualify for postrelease supervision will be on this new form of supervision for no longer than three years at which time they will be discharged from all supervision. Those on Postrelease Supervision will not be returned to prison for violations of their postrelease supervision conditions. Instead, they will be subject to a variety of other alternatives which will be known as "Community Based Punishment." Such punishment could include what will be called "Short-Term Flash Incarceration" which means that a technical violation could subject the offender to County Jail time of no more than seven days. Other forms of community-based punishment include: intensive community supervision; additional monetary restitution; work, training, or education in a furlough program; placement in a substance abuse treatment program, community service; random drug testing; or home detention with Global Positioning Satellite (GPS) monitoring.

Those who are released on and after July 1, 2011 and do not qualify for Postrelease supervision because they were convicted of violent or serious felonies as described above will remain under the jurisdiction of the CDCR and will not see any significant change in their parole conditions and parole revocation procedures.

Those who were already paroled prior to July 1, 2011 will remain under the jurisdiction of the CDCR because they were paroled before the new law took effect. Except that those who were not convicted of violent or serious felonies will have a chance to have their parole reviewed so long as they complete six months of continuous parole without any violations. If the person has not violated parole within six months, he or she will be recommended for Postrelease Supervision and subject to Postrelease Supervision as described in PC3450 through 3458. Those persons also paroled prior to July 1, 2001 but were convicted of serious and violent felonies as described above will remain on parole under the jurisdiction of the CDCR because they would not have qualified for Postrelease Supervision even if they had been paroled after the new law took effect.

California has until May 23, 2013 to comply with the release of 46,000 prisoners unless it requests a five year extension. The extension may be granted only if California satisfies necessary and appropriate preconditions designed to ensure that measures are taken to implement the release without delay. Because California has already relieved its prisons of 9,000 prisoners through out-of-state-transfers, it now has 37,000 more prisoners to address. After the United States Supreme Court had finished hearing oral arguments and was getting ready to issue its decision, California informed the Court that it was working on AB-109. California did not give the Court a specific number of prisoners that would be affected by AB-109. California only said that "thousands" would qualify under AB-109 to serve 3-years or less in a county jail and be released on Postrelease Supervision. California will eventually have to give a specific number of persons who will not end up in prison as a result of AB-109. Once California gives a specific number of persons affected by AB-109, it will then have to introduce more legislation in order to release more prisoners or prevent them from coming to prison. As of right now, no prisoner has been released, they have just been transferred to another state or prevented from ending up in prison.

This is just a brief outline of what has recently taken place to address overcrowding in California. It is up to those of you who might be affected to do your own research into the information provided above. Because of space limitations, not every detail of the Court's order or Assembly Bill 109 could be described in detail. So if you did not qualify under AB-109, you might qualify for release under another change in the law in the near future. If you will not qualify for early release in the future, you should at least see some improvement in medical and mental health care which was the whole purpose of the population cap in the first place. So everyone should be affected one way or another. Good luck with your struggles.

MIM(Prisons) comments: This is a good overview of the new court ruling about health care and overcrowding in California prisons. While we hope that the net effect of this ruling is the release of some prisoners and prevention of locking up others, we're not optimistic that this will lead to any substantive changes. We have seen court rulings in the past about prison conditions, and as the pages of Under Lock and Key have documented, the Criminal Injustice System is very creative about worming their way out of restrictions to find new ways to oppress. The size of the California prison population represents job security and high wages for staff, and they will not give this up without a fight. It is a condemnation of the imperialist system that it enables people to profit off the torture and destruction of humyns. Only by ending imperialism overall will we be able to truly change the criminal injustice system. Until that time, we hope our comrades behind bars will find creative ways to use this court ruling to their advantage.

I'm writing you this brief missive to update you on things here at 4B SHU - CCI. The pigs are using any and all of the smallest things to validate a person as a member/associate of a prison gang. Speaking to someone in passing, roll calls, working out on yard together, drawings, etc. This includes literature (MIM, Prison Focus) and any stuff dealing with Afrikan or Latino culture, and especially having the name and CDC number of your homeboys/friends in your phone book. Once they validate you it's for a minimum of six years plus you have to do 100% of your sentence.

All of the bullshit that you can expect a repressive/imperialist power hungry regime to do takes place here. That stuff is expected. One can't expect anything else from a pig. So our focus should be on elevating our minds to find ways to get out, stay out and bring light to all this by connecting the free world to those held captive, so that we all realize that we are all sinking on the same boat.

MIM(Prisons) adds: As we hit the streets building support for the food strike in California we are stressing to people that this is about the First Amendment rights of the oppressed nations to associate with (and read about) themselves. California Prison Focus recently released their Prisoner Self-Help Manual to Challenge Gang Validation (SHGV), 5th edition. They can be contacted at 1904 FRANKLIN STREET, SUITE 507, OAKLAND, CA 94612. We need to keep challenging these repressive tactics at the group level, to defend the rights of all oppressed people to self-determination.

The purpose of the Hunger Strike is to combat both the Ad-Seg/SHU psychological and physical torture, as well as the justifications used of support treatment of the type that lends to prisoners being subjected to a civil death. Those subjected to indeterminate SHU programs are neglected and deprived of the basic human necessities while withering away in a very isolated and hostile environment.

Prison officials have utilized the assassination of prisoners’ character to each other as well as the general public in order to justify their inhumane treatment of prisoners. The “code of silence” used by guards allows them the freedom to use everything at their disposal in order to break those prisoners who prison officials and correctional officers (C/O) believe cannot be broken.

It is this mentality that set in motion the establishing of the short corridor, D1 through D4 and its D5 though D10 overflow. This mentality has created the current atmosphere in which C/Os and prison officials agreed upon plan to break indeterminate SHU prisoners. This protracted attack on SHU prisoners cuts across every aspect of the prison’s function: Food, mail, visiting, medical, yard, hot/cold temperatures, privileges (canteen, packages, property, etc.), isolation, cell searches, family/friends, and socio-culture, economic, and political deprivation. This is nothing short of the psychological/physical torture of SHU/Ad-Seg prisoners. It takes place day in and day out, without a break or rest.

The prison’s gang intelligence unit was extremely angered at the fact that prisoners who had been held in SHU under inhuman conditions for anywhere from ten (10) to forty (40) years had not been broken. So the gang intelligence unit created the “short corridor” and intensified the pressure of their attacks on the prisoners housed there. The object was to use blanket pressure to encourage these particular isolated prisoners to debrief (i.e. snitch on order to be released from SHU).

The C/Os and administrative officials are all in agreement and all do their part in depriving short corridor prisoners and its overflow of their basic civil/human rights. None of the deliberate attacks are a figment of anyone’s imagination. These continuous attacks are carried out against prisoners to a science by all of them. They are deliberate and conscious acts against essentially defenseless prisoners.

It is these ongoing attacks that have led to the short corridor and overflow SHU prisoners to organize ourselves themselves around an indefinite Hunger Strike in an effort to combat the dehumanizing treatment we prisoners of all races are subjected to on a daily basis.

Therefore, on July 1, 2011, we ask that all prisoners throughout the State of California who have been suffering injustices in General Population, Administrative Segregation and solitary confinement, etc. to join in our peaceful strike to put a stop to the blatant violations of prisoners’ civil/human rights. As you know, prison gang investigators have used threats of validation and other means to get prisoners to engage in a protracted war against each other in order to serve their narrow interests. If you cannot participate in the Hunger Strike then support it in principle by not eating for the first 24 hours of the strike.

I say that those of you who carry yourselves as principled human beings, no matter you’re housing status, must fight to right this and other egregious wrongs. Although it is “us” today (united New Afrikans, Whites, Northern and Southern Mexicans, and others) it will be you all tomorrow. It is in your interests to peacefully support us in this protest today, and to beware of agitators, provocateurs, and obstructionists, because they are the ones who put ninety percent of us back here because they could not remain principled even within themselves.

The following demands are all similar to what is allowed in other super max prisons (e.g. federal Florence, Colorado, Ohio and Indiana State Penitentiaries). The claim by CDCR and PBSP that implementing the practices of the federal prison system or that of other states would be a threat to safety and security are exaggerations.

The names of representatives of all major races listed as co-signers. The prisoners say they are “All races Whites; New Afrikans; Southern Mexs., and Northern Mexs.”

Attention: beginning July 1, 2011, several inmates housed indefinitely in PBSP-SHU D-Facility, Corridor Isolation, will begin an indefinite hunger strike in order to draw attention to, and to peacefully protest, 25 years of torture via CDCR's arbitrary, illegal, and progressively more punitive policies and practices, as summarized in the accompanying Formal Complaint. PBSP-SHU, D-Facility Corridor inmates' hunger strike protest is to continue indefinitely until the following changes are made:

OUR FIVE CORE DEMANDS:

1. Individual Accountability - This is in response to PBSP's application of "group punishment" as a means to address individual inmates rule violations. This includes the administration's abusive, pretextual use of "safety and concern" to justify what are unnecessary punitive acts. This policy has been applied in the context of justifying indefinite SHU status, and progressively restricting our programming and privileges.
   
2. Abolish the Debriefing Policy, and Modify Active/Inactive Gang Status Criteria - the debriefing policy is illegal and redundant, as pointed out in the Formal Complaint [IV-A, p. 7]. The Active/Inactive gang status criteria must be modified in order to comply with state law and applicable CDCR rule and regulations [eg, see Formal Complaint, p. 7, IV-B] as follows:
   
   1. Cease the use of innocuous association to deny inactive status,
      
   2. Cease the use of informant/debriefer allegations of illegal gang activity to deny inactive status, unless such allegations are also supported by factual corroborating evidence, in which case CDCR-PBSP staff shall and must follow the regulations by issuing a rule violation report and affording the inmate his due process required by law.
      
   
   
3. Comply with US Commission 2006 Recommendations Regarding an End to Long-Term Solitary Confinement - CDCR shall implement the findings and recommendations of the US commission on safety and abuse in America's prisons final 2006 report regarding CDCR SHU facilities as follows:
   
   1. End Conditions of Isolation (p. 14) Ensure that prisoners in SHU and Ad-Seg (Administrative Segregation) have regular meaningful contact and freedom from extreme physical deprivations that are known to cause lasting harm. (pp. 52-57)
      
   2. Make Segregation a Last Resort (p. 14). Create a more productive form of confinement in the areas of allowing inmates in SHU and Ad-Seg [Administrative Segregation] the opportunity to engage in meaningful self-help treatment, work, education, religious, and other productive activities relating to having a sense of being a part of the community.
      
   3. End Long-Term Solitary Confinement. Release inmates to general prison population who have been warehoused indefinitely in SHU for the last 10 to 40 years (and counting).
      Provide SHU Inmates Immediate Meaningful Access to:
      
   4. Adequate natural sunlight
      
   5. Quality health care and treatment, including the mandate of transferring all PBSP-SHU inmates with chronic health care problems to the New Folsom Medical SHU facility.
      
   
   
4. Provide Adequate Food - cease the practice of denying adequate food, and provide wholesome nutritional meals including special diet meals, and allow inmates to purchase additional vitamin supplements.
   
   1. PBSP staff must cease their use of food as a tool to punish SHU inmates.
      
   2. Provide a sergeant/lieutenant to independently observe the serving of each meal, and ensure each tray has the complete issue of food on it.
      
   3. Feed the inmates whose job it is to serve SHU meals with meals that are separate from the pans of food sent from kitchen for SHU meals.
      
   
   
5. Expand and Provide Constructive Programming and Privileges for Indefinite SHU Status Inmates. Examples include:
   
   1. Expand visiting regarding amount of time and adding one day per week.
      
   2. Allow one photo per year.
      
   3. Allow a weekly phone call.
      
   4. Allow Two (2) annual packages per year. A 30 lb. package based on "item" weight and not packaging and box weight.
      
   5. Expand canteen and package items allowed. Allow us to have the items in their original packaging [the cost for cosmetics, stationary, envelopes, should not count towards the max draw limit]
      
   6. More TV channels.
      
   7. Allow TV/Radio combinations, or TV and small battery operated radio
      
   8. Allow Hobby Craft Items - art paper, colored pens, small pieces of colored pencils, watercolors, chalk, etc.
      
   9. Allow sweat suits and watch caps.
      
   10. Allow wall calendars.
       
   11. Install pull-up/dip bars on SHU yards.
       
   12. Allow correspondence courses that require proctored exams.
       
   
   

On May 23, 2011, the U$ Supreme Court announced its decision issuing an order to the California government to release 48,000 prisoners from various California prisons. The Supreme Court's decision came after a long time demand to alleviate the prison crisis in the state of California. Many in CA maintain that the prisons there are overcrowded, also that taxpayers cannot afford the high cost of housing that many prisoners.

The Supreme Court did not allude to the multiple class action lawsuits, in CA and across the country, the prisoners, their families, and public filed in the Supreme Court as well as in federal courts across the USA, regarding wrongful imprisonments, political imprisonment to activists and whistle-blowers-on-corruption, and regarding over-sentencing on petty charges! In other words, the Supreme Court ignored the urgent need for judicial reform, to fight corruption in the judicial system, and law enforcement reform, to weed out corruption in the police force(s), across the USA.

The decision came about by votes: 5 justices in favor to 4 justices opposed, really as a convenience as CA ran out of money, and the feds too, with a national debt hitting the ceiling of $14.3 trillion! It wasn't to alleviate oppression and free the falsely imprisoned. In fact, neither CA judges nor the US-supreme Court's judges want to admit that there is anyone who is falsely imprisoned, due to retaliations, due to whistle blowing on corruption, or due to a 'trivial' reason. No one among judges, attorneys, or the media ever talks about corruption behind the prison crisis, anywhere across the USA! Judges and the media, across the board, pretend that the system is perfect; they presume that all the judges in the USA and the police officers are completely honest, upright, and perfect!

The US-Supreme Court did not respond to my/our class action lawsuit regarding Bill Richardson (former governor of NM) and his scheme with Joe Williams/GEO to establish the prison industry in NM and demonize the generations to perpetuate his scheme of profiting from prisons, along with GEO! The US Supreme Court did not respond to a more than 50 class action lawsuits, from all across the USA, with more than 200,000 litigants (prisoners, their families and tax payers) who passionately are asking for a judicial reform and law enforcement reform to weed out corruption, bribery, racketeering extortion(s), persecution of minorities, and the treasonous acts of false imprisonments. Instead, the SC acted on its own and announced its decision, to release the 48,000, without any detail as to who are those, who are qualified for the release.(see article on how population reduction is taking place)

For example, in our Class Action lawsuit, Public of the State of New Mexico vs. Bill Richardson, Joe Williams et al, we made it clear to justice John Roberts that our primary interest in the lawsuit is to indict and convict Bill Richardson for his multi-scheme of pay-to-play, or bribery, which includes the prison scheme with Joe Williams/GEO. Judge John Roberts didn't respond even though more than 100,000 litigants from NM passionately asked for the indictment and conviction of Bill Richardson due to his treasonous acts against public of the state of NM, and public of the USA in general. J. Roberts, as we believe, did not want to face any embarrassment before President Obama is shielding and protecting Bill Richardson, for some reason. So it is all about politics, not justice.

Our primary goal, also, in the above referenced class action lawsuit, is to release all the wrongfully imprisoned across the USA, in the following 3 categories: A. We are asking for releasing all the innocents/falsely imprisoned, first (there are hundreds and thousands of them, across the USA, despite the judges' denial of existence of such category of prisoners). B. We are asking for releasing all the political prisoners, who were imprisoned as a retaliation because they blew the whistle on corruption. C. We are asking for releasing all the prisoners whose charges are benign/trivial, then the non-violent offenders.

MIM(Prisons) responds: This prisoner calls out a good point, that the imperialist courts do not call for release of prisoners to address legitimate grievances, but only when finances make it impossible to hold more. However, we go much further than to call for release of prisoners in the three categories described above. We see that all prisoners in the Amerikan criminal injustice system are political prisoners. The entire system from the police to the courts to the prisons is political. And we need to put an end to the overall injustice, not just release a few prisoners.

This flyer can be used as a whole-sheet flyer, or print it double-sided, cut it in half, and it becomes a half-sheet flyer. Use it to spread the word about the striking prisoners in Pelican Bay State Prison.

On the flyer there is an example of a support letter to send to administrators about this issue. It is reprinted below for your convenience.

Dear Warden Lewis,

I am writing this letter to you to express my concern for the prisoners held in Pelican Bay State Prison’s short-corridor Group D. It is my understanding that these people have no disciplinary charges, but are being held in extreme isolation, unable to send photographs to their families or speak to them on the phone.

I am concerned that these prisoners, who are under your responsibility, are being denied their Constitutional right to due process. Not only do these prisoners not have any disciplinary charges, but IGI is intimidating and harassing them into fabricating information to avoid false gang validations. This is illegal and upsetting. As a citizen of the state of California, I fund your paycheck, and I expect more from a state employee than to allow these gross violations of the Constitution to happen right under your nose.

Studies prove time and time again that prisoners who have contact with their family are able to rehabilitate much better than those who are isolated. They are better able to adjust to society when they are released, and avoid being sent back to prison. It is completely irresponsible that you would permit IGI to cause this potential damage in a person’s life, when they are supposed to be allowed these privileges.

Since you are the Warden of Pelican Bay State Prison, I am asking that you intervene in these illegal and irresponsible practices going on in short-corridor Group D. Please allow the prisoners held there their full privileges according to CDCR policies, and end the harassment and intimidation of prisoners, especially ones who have no information, and no disciplinary actions.

Thank you for taking the time to read this letter. I also thank you for your future efforts to resolve this problem.

Sincerely,
Your Name Here

I'm writing to enlighten you of the new millennium oppression going on in Pelican Bay short-corridor. Since 2006 over 210 prisoners are being housed here unjustly by IGI (the gang task force) AKA "Green Wall" which is known to utilize prisoners who will debrief against other prisoners. Their inhuman treatment towards prisoners who will not lie and become false informers for IGI "Green Wall" helps keep the short-corridor program of oppression functioning.

We have been placed in short-corridor Group D, falsely labeled as gang members and housed here isolated for non-disciplinary actions. We are not allowed Group D privileges; the short-corridor has its own set of rules structured by IGI. They have no oversight and are allowed to be inhuman towards prisoners who don't believe in their devilish propaganda! We understand we are in prison, we are serving our time disciplinary-free, all we are asking for is fairness. Below are just a few of many reasons why on July 1 2011 the short-corridor and SHU will go on a food strike to protest our inhuman isolation.

1. If we must be placed in this short-corridor let it be for disciplinary actions we have done.

2. IGI must stop the abuse of their power to manipulate/intimidate prisoners to falsely accuse other prisoners of being so-called gang members to justify their inhuman objective.

3. We must be allowed to receive all of Group D privileges, especially us in the short-corridor who have not done anything to warrant inhuman isolation.

4. We must be allowed to at least send our family members a picture. It's been over 18 years since I have sent my family a picture, and other prisoners go even longer!

5. We must be able to talk to family on the phone. It is important that we have family support and help on personal rehabilitation.
   

I would like to ask if you can help us spread the word and on July 1 2011 have a candlelight vigil in support of us and to show solidarity in our struggle, or any other such act that may be able to help bring attention to our conditions.

I am interested in filing suit against California Department of Corrections & Rehabilitation(CDCR) as well as those in contract with them. I am aiming at their pockets because money seems to be all they understand. I am currently one victim of close to a hundred classified "hispanics" who were targeted by an OCS (Office of Correctional Safety) operation that was launched here in North Folk Oklahoma.

In all, around 80 classified "hispanics" were validated and approximately 150 to 200 Latino prisoners were affected. Our legal property was seized (as well as bibles, etc.) while we were being interviewed handcuffed, in our underwear, totally oblivious to them seizing our legal and religious property.

Those who exercised their constitutional protections against self-incrimination, considering all the elements surrounding this suspect "interview," were retaliated against by receiving a prison gang validation point for refusing to "interview."

All prisoners validated had their 1st amendment rights violated, for not one of us were given a meaningful opportunity to be heard at a "required" interview that we must be afforded before IGI can even send our validation pack to OCS for determination. Further, IGI committed fraud by writing/documenting that we did. In addition, the vast majority of our source item(s) used in our prison gang validation do not even meet departmental standards.

Nevertheless, these facts are not enough to overturn our validations through our appeals. Not to mention 95% of us were denied legal library access and legal materials to adequately defend ourselves, nor can this institution facilitate our legal library rights for it is constructed in a way that is physically impossible with regards to the security measures required with the number of ad-segs that resulted from the rogue operation.

I can seriously go on, and on but I think you get a relatively good idea of what we're up against. So any assistance you may be able to provide in light of my/our situation would be highly appreciated as well.

MIM(Prisons) responds: This is yet another example of the illegal validation practices used to lock prisoners in higher security units based on supposed gang affiliation. Our ongoing fight against Control Units brings out many similar stories. Many of our Latino comrades behind bars are being targeted with mass validations, using evidence as flimsy as receipt of a birthday card, or being seen talking to someone in the yard. This validation leads to lockup in segregation (also known as control units). Filing lawsuits to fight these practices is one part of the struggle, although MIM(Prisons) does not have the legal resources to pursue these lawsuits ourselves.

[MIM(Prisons) has long defended a line that combats the divisions that the California Department of "Corrections" has tried to institutionalize by separating large numbers of people from the General Population (GP) into Sensitive Needs Yards (SNY). In a previous letter this comrade joined us in calling for SNY and GP alike to contribute to the struggle, while not hiding h lack of regard for SNY prisoners. Today h story serves to demonstrate why allowing the pigs to tell us who is our friend and who is our enemy is a backwards way of discovering the truth.]

I'm in the hole (Administrative Segregation Unit) once again, the material you sent found me when I needed it the most. This time around I'm found under an ISU/IGI investigation which will most likely result in me being sent to the other side (SNY). Surprising? Not really, I saw it coming since the day I committed myself to the United Struggle from Within (USW), in the form of either validation as a guerrilla revolutionary or the assassination of my character behind these walls through the SNY program that leaves a lot of brothers and sisters credibility out and in the cold away from the warmth of prisoner society's acceptance.

It's crazy how it happened all so fast. I blinked and at the drop of a dime my whole life turned upside down. It started October 16, officially with an unjustified unclothed cavity/cell search that I refused to submit to because the officer first claimed that they were hitting my cell randomly, then later said because me and my cellmate were exhibiting suspicious behavior when I was on the toilet taking a shit and my cellmate was on the assigned bunk asleep. I understood the nature of the situation that the corruption officers were creating. Someone dropped a dime on me, so I looked to get a paper trail.

By searching my cell they were committing a constitutional violation against search-and-seizure safeguards granted to prisoners such as notification of cell searching party (corruption officers involved), confiscation of personal property, and the right to appeal without retaliatory actions being taken against one. I made the choice to get the incident documented to bring to the attention of the administration here at Killer Kern, and I paid for it in the worst way possible. But still I stand revolutionary minded putting USW theory into practice outside of the study group's environment. Refusing to let the dragon win, I fight them with my pen and continue to force them to show their brutality on paper and physically.

After refusing to submit to their commands I was placed in wrist restraints and escorted to the facility program office cage where I spent the next few hours resisting the Sergeant and Lieutenant's request for me to submit to an unclothed body search. At this time the corruptions officers searching party (the Kern Valley A yard jump out boys) were back at the cell, searching, confiscating, and disposing of my property and attempting to pay me back for my resistance. They came across a kite [prison letter] that I had hidden inside a medicine bottle waiting to be delivered to it's destination. I will say that I slipped up! Cause I did.

The kite was in regards to a business arrangement that I had going on and gave details about involved individuals who were to participate. The kite was supposed to be delivered that same morning, but due to the unexpected visitors it wasn't and I thus forgot about it in the commotion of three COs at my door with their cans out ready to spray me while on the toilet for nothing.

I knew what was up, but didn't act quick enough and therefore allowed intel into the hands of law enforcement. And they had a ball with it immediately reading the kite loud enough for my neighbors, who were members of my LO, hoping to create the confusion that they did.

I spent three days in a small holding cell, cold, cuffed and shackled, taped in a dirty jumpsuit, with no linen, and a mattress that I was allowed only to lay on from 10 p.m. - 6 a.m. with no covering on it. Sleep-deprived with lights on all night attempting to sleep with restraints, I was deprived medical care, and denied high blood pressure medication. I was smelling like shit without a shower, and forced to eat cold meals without any eating utensils or a cup to drink from. I felt the firsthand experience of torture at the hands of the department of correction (corruption) until I had three bowel movements to prove that I didn't have anything concealed in my ass.

Once my bowel movements showed negative results for contraband (not an explosive device or a gun, or a knife, but simple contraband) they released me back to the yard, and to the cell I went.

Not even three hours after my arrival I received a kite about the matter of the disclosure of intel in the confiscated kite. It wasn't "Cuz how you holding up? Can we assist you any way?" or none of that. But with everything falling the way it did, I understand. Because a week prior to the incident, individuals of various groups were getting popped with phones. And all were cats who were making the dead presidents, but removed from the front lines. There was a leak and Investigative Services Unit (ISU) was getting more fat than a fat guy in an all you could eat buffet.

I was brought up on charges of being that leak. And if the shoe was on another person's foot, I would've really pushed for an old school lynching. Treason is a no no, but here it is in the accused, getting kites now from OGs on the bricks, and weeks later I find myself up against the wall with those who I've actually shed blood for, explaining that I ain't no fucking rat and did not intentionally drop intel into the hands of law enforcement. Time drew on with me and those that be, doing just as the pigs planned us to, as we were on lockdown due to a war with the Blacks and the "southern Mexicans," over a drug debt, a phone, and miscommunication that caused an eight-on-twelve melee between Blacks and Browns, and one Black to be stabbed eleven times.

The option came around to me after the verdict came in that I was guilty of loose lips. I could either clean up some green (guards), get cleaned up, or handle the individual who would clean me up. For those who can't read between the lines clean up in this situation means to stab something up good enough that the message (whatever it may be) be sent clearly.

Now it may seem like nothing, but I'm not new to this shit, I'm true to it. I ain't no crash dummy, I've got a close release date, and a lot of life to live. I ain't stabbin' no pig without no chance of getting away, and I damn sho' ain't about to be a pin cushion. So I got the hell out of dodge, and didn't blink doing it. I'm an SNY, I recognize that some will understand, but most won't and I am no longer who they seen me as. But my time was limited as any real active revolutionary is on the line abroad the people who are and love the same exact thing that they claim to hate. Straight up!

Politicizing amongst the LOs is a difficult task when the same ones you advocate for are advocating against your existence for individualist purposes. I bump heads with the big dawgz about policy even when certain radz advised against it because of my youth and their popularity, and I got exactly what they said it would get me. An early death in the prison game.

I sit in ASU now on my third month for investigation into my security concerns that I raised truthfully on a 602 appeal form. The ISU/IGI agents attempt to sell protection like they are some type of "Green Wall" protection agency. I'm told the more you cooperate and inform us into the details of drugs, cellphones, crooked cops, and criminal activity, the more we can help you. Since when does the lion help the lamb?

I attempted radio silence with MIM(Prisons) until I could get my §1983 lawsuit put in, because my mail is being highly monitored, censored, withheld and returned.

But it seems that faith will have us together married until death do us part. So I'm back like Jesus from the dead, not really back at all, reborn into the characteristic of a USW on the other side of the fence.

MIM(Prisons) responds: This letter is one more example of our point that not everyone on SNY yards is a snitch or rat as the pigs would like us to think. A bourgeois approach to security allows the bourgeoisie to win out. By bourgeois, we mean an individualist, rather than a group approach. We oppose studying "persynalities" instead of politics. And we oppose thinking that violence against individuals builds a strong movement.

There are plenty of enemies on mainline and there are friends to be found in SNY. How we associate and how we build allows us to determine which are which, not rumors or labels given out by the enemy.