Rock Newsletter 1-10, Volume 1, 2012
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Working W Working ki to t Extend E t d Democracy D to t All Volume Volume V V l 1, N 1 Number b 10 10 October O O t b 2012 October 2012 AGREEMENT TO END HOSTILITIES To whom it may concern and all California Prisoners: G reetings from the entire PBSPSHU Short Corridor Hunger Strike Representatives. We are hereby presenting this mutual agreement on behalf of all racial groups here in the PBSP-SHU Corridor. Wherein, we have arrived at a mutual agreement concerning the following points: 1. If we really want to bring about substantive meaningful changes to the CDCR system in a manner beneficial to all solid individuals, who have never been broken by CDCR’s torture tactics intended to coerce one to become a state informant via debriefing, that now is the time to for us to collectively seize this moment in time, and put an end to more than 20-30 years of hostilities between our racial groups. CONTENTS Agreement to End Hostilities....1 Suggestions to CDCR ..............2 Overturn Prison Oppression ....2 New Folsom Riot......................4 Editorial 1-10 ............................6 Quote Box ................................6 Letters ......................................7 What’s With PTO? ...................8 Media Access Bill Passed ........9 2. Therefore, beginning on October 10, 2012, all hostilities between our racial groups… in SHU, Ad-Seg, General Population, and County Jails, will officially cease. This means that from this date on, all racial group hostilities need to be at an end… and if personal issues arise between individuals, people need to do all they can to exhaust all diplomatic means to settle such disputes; do not allow personal, individual issues to escalate into racial group issues!! 3. We also want to warn those in the General Population that IGI will continue to plant undercover Sensitive Needs Yard (SNY) debriefer “inmates” amongst the solid GP prisoners with orders from IGI to be informers, snitches, rats, and obstructionists, in order to attempt to disrupt and undermine our collective groups’ mutual understanding on issues intended for our mutual causes [i.e., forcing CDCR to open up all GP main lines, and return to a rehabilitative-type system of meaningful programs/privileges, including lifer conjugal visits, etc. via peaceful protest activity/noncooperation e.g., hunger strike, no labor, etc. etc.]. People need to be aware and vigilant to such tactics, and refuse to allow such IGI inmate snitches to create chaos and reignite hostilities amongst our racial groups. We can no longer play into IGI, ISU, OCS, and SSU’s old manipulative divide and conquer tactics!!! In conclusion, we must all hold strong to our o mutual agreement from this point on a focus our time, attention, and energy and on o mutual causes beneficial to all of us [i.e., prisoners], p and our best interests. We can no longer l allow CDCR to use us against each o other for their benefit!! Because the reality is that collectively, we are an empowered, mighty force, that can positively change this entire corrupt system into a system that actually benefits prisoners, and thereby, the public as a whole… and we simply cannot allow CDCR/CCPOA – Prison Guard’s Union, IGI, ISU, OCS, and SSU, to continue to get away with their constant form of progressive oppression and warehousing of tens of thousands of prisoners, including the 14,000 (+) plus prisoners held in solitary confinement torture chambers [i.e. SHU/Ad-Seg Units], for decades!!! We send our love and respects to all those of like mind and heart… onward in struggle and solidarity… ● Presented by the PBSP-SHU Short Corridor Collective (August 12, 2012): Todd Ashker, C58191, D1-119 Arturo Castellanos, C17275, D1-121 Sitawa Nantambu Jamaa (Dewberry), C35671, D1-117 Antonio Guillen, P81948, D2-106 And the Representatives Body: Danny Troxell, B76578, D1-120 George Franco, D46556, D4-217 Ronnie Yandell, V27927, D4-215 Paul Redd, B72683, D2-117 James Baridi Williamson, D-34288, D4107 Alfred Sandoval, D61000, D4-214 Louis Powell, B59864, D1-104 Alex Yrigollen, H32421, D2-204 Gabriel Huerta, C80766, D3-222 Frank Clement, D07919, D3-116 Raymond Chavo Perez, K12922, D1-219 James Mario Perez, B48186, D3-124 [NOTE: All names and the statement must be verbatim when used & posted on any website or media, or non-media, publications.] SUGGESTIONS TO CDCR ON CHANGES TO REGULATIONS To Whom It May Concern: e are two of the representatives here at Pelican Bay State Prison (PBSP) Security Housing Unit (SHU). We write this piece as individuals. And because several pieces back, we stated that we were not just going to sit on our hands in these cells and do nothing while waiting for the revisions to the “STG” to come out, or be placed in the regulations, we write the following. Also, we’re all still waiting for CDCR to grant Core Demands 1 through 3! Soon we’ll know where we stand. Anyway, the main reason behind this piece is that, after reading all the countless prison periodicals that all our outside supporters have been sending us since the beginning of this struggle, we quickly realized that we in the SHU are not the only ones who have been going through CDCR’s countless deprivations for over the past 20 to 30 years. All men and women across California’s prison system, whether in Administrative Segregation or on the General Population, have suffered from similar CDCR tactics. We finally decided that this was the right time to put this paper together - some here have referred to it as a “wish list” - on behalf of not only SHU prisoners, but also on behalf of all CDCR prisoners, because the time for change is now! That said, and because CDCR Secretary Matthew Cate, as well as state lawmakers, have the full authority to make such changes immediately, the following are suggestions that Mr. Cate should order be done for the benefit of all CDCR prisoners, male and female alike.. Therefore it is suggested that he: 1. Order that all past Rule Violation Reports (RVR) issued to CDCR prisoners for participating in the last two peaceful Hunger Strikes be rescinded and removed from all prisoners’ C-files. 2. Order that no RVR be issued to any CDCR prisoner in retaliation for participating and/or leading in any future peaceful Hunger Strikes. 3. Order that CDCR prisoners who participate in any future peaceful Hunger Strikes not be retaliated against by placing any of them in Administrative Segregation, or have any of their personal property removed, or be moved to other cells. 4. Order that more funds be provided for W 2 education and for real rehabilitation programs (such as college, GED, vocational training, etc.) - instead of just placing it after CDC - from CDCR funds and/or from our Inmate Welfare Funds (IWF), in order to hire additional new teachers. This could be accomplished, for example by coordinating with colleges and students to provide education. CDCR should also provide programming services such as overseeing and administering proctored exams for any prisoner and for vocational instructors, so that all CDCR prisoners can have opportunities to learn and feel good about themselves. Moreover, these programs can help those who are released from prison to stop being stuck on the same gear then came to prison on. 5. Order that California Code of regulations (CCR), Title 15, Section 3161 - inmate owned legal materials - be revised to comply with the Prison Legal News (PLN) settlement agreement. At present, the language is so vague and confusing, in Title 15, that CDCR staff includes all law books, law periodicals, etc., as counting toward the ten book limit, where instead they should be considered as “legal materials” and should nly be counted towards the combined six cubic feet of state issued and personal items, excluding bedding and appliances (Title 15, Section 3190 (c)), plus one cubic foot of related legal materials of an active case (Title 15, Section 3161). Until the changes are made, a memo should be issued to all CDCR prisons to be posted in all unit sections reflecting the PLN settlement agreement at page 4, Section (g). [Formerly cited as PLN v Schwarzenegger, now cited as PLN v Brown.] 6. Order that the Department of Operations Manual (DOM) be revised to state that any CDCR prisoner will be permitted to donate their old personal TV or radio appliances to another CDCR prisoner who is indigent, so that appliance is placed on their CDCR form 160-H, Inmate Property Control Card. Until that point, a memo should be issued to all prisons permitting this. 7. Order that the DOM and CCR Title 15 be revised to where it will increase all D-status prisoners’ maximum canteen draw from $55. to $65. per month. Until that point, a memo should be issued to all prisons permitting this. 8. Order that the DOM be revised to where all SHU prisoners are also permit- ted to participate in donating funds to good outside charity causes, via “Charity Food Drives,” just like the ones held for General Population prisoners. Until that revision is made, a memo should be sent to all SHU prisoners permitting this. 9. Order that the DOM be revised so that all CDCR prisoners in Administrative Segregation be permitted to possess their personally owned TV and/or radio in their cells, with or without fire sprinklers. Until that point, a memo should be issued to all prisons permitting this, as well as issuing an order to the prison maintenance dept. to make sure that fire sprinklers are immediately installed in all Administrative Segregation cells, including all SHU cells. 10. Order that the DOM and Title 15, Section 3117 (b)(2) be revised to where General Population lifers are again allowed “family overnight visits” with their families. Right now, only the lifers in all of CDCR who are allowed family visits are those who CDCR decides may have visits based on having snitched/debriefed. Until that point, a memo should be issued to all prisons permitting lifer family visits under the prior amended regulation. 11. Order the California Prison Industry Authority (CAL-PIA) to produce decent quality mattresses. The current all-cottoncore mattresses do not have a way to keep the cotton evenly distributed (as the older ones could). Within a week or two, on all concrete bunks, a new mattress becomes a flat and lumpy torture mattress, due to cotton shifting. 12. Order that the DOM and CCR Title 15, Section 3190 (i) be revised so that all SHU prisoners also be allowed to order, in addition to one annual 30 lbs. food package, a second annual non-food special purchase package (including such items as sweatpants, shorts, sweatshirts, thermals, tennis shoes, cable, etc.). Until such revisions are made, a memo should be issued to all SHU prisoners permitting this. 13. Order that the DOM, Chapter 4, Article 43, in relation to inmate property, be revised, if it has not yet been, to allow all CDCR SHU and Administrative Segregation prisoners to order and possess the additional following items: no limit on chocolate candy bars; no limit on sugar-free hard candy; all Asian soups; all dry jerky meats (i.e., nugget and slices of beef, turkey, pork, pepperoni, salami, and chicken); all Rock trail mix items; dried chili peppers/pods; all cheeses (i.e., cheese sticks, etc.); all seasonings; all powdered sugar-free beverage drinks in any kind of containers (SHU prison staff removes the items from their containers); all tea and tea bags (as long as they don’t have staples on the bags); 12 foot earphone extension cords; all art supplies that are already approved for SHU prisoners; one sweatpants and one sweat-shorts (2 total) and sweatpants/shorts with cords (we are presently allowed shoe-strings and our new laundry bags have a 9 to 10 inch long cord already attached, showing that cord is not a security threat); all Dickies Thermals, tops and bottoms; hair grease; lotion; laundry soap. Administrative Segregation should be included for these items also because most wait years in Administrative Segregation before they’re sent to the SHU. Administrative Segregation literally becomes a SHU overflow. Until such revisions are made, a memo should be issued permitting all these items in food and nonfood packages. 14. Order that the DOM and Title 15, Section 3220.4 be revised to where all movie/videos rated “R” be permitted to be shown to all the CDCR prison populations. At present, we are only allowed up to rated “PG13” movies and videos. We are not 13 year old children, or in juvenile detention center. We are grown men and women in adult state prisons. Therefore, we should be allowed to watch “R” rated movies/videos. Until those revisions are made, a memo should be issued to all CDCR prisons permitting “R” rated movies and videos to be shown to all the prison populations. 15. Order that the DOM be revised to state that all CDCR prisons shall provide their prison population with the minimum of twenty quality entertainment channels, especially prisons like PBSP that are so isolated that they cannot even receive one TV channel off the air, even with a digital antenna. Presently, these prisons only receive eight low quality charter cable entertainment channels. Until then, a memo should be issued ordering this. 16. Order all CDCR prisoner (especially those like PBSP) to use the CDCR funds that are specifically designated from the CDCR budget for entertainment to also be used to immediately purchase all the necessary entertainment equipment, storage sheds for that equipment, and any needed satellite dishes. These funds should also be used to add the above mentioned minimum twenty quality entertainment channels to Volume 1, Number 10 all CDCR prisons as well as to pay the required fees and costs to cable companies to receive the twenty channels. 17. Order all CDCR prisons to use the funds from the CDCR budget specifically designated for exercise equipment, to immediately be used to purchase and install all the dip and pull-up bars on all the CDCR’s SHU and Administrative Segregation yards. 18. Order that all prison administrations conduct monthly meetings with SHU and Administrative Segregation representatives in order to have dialogue with those prisoners to address any prisoner grievances that can be dealt with at the institutional level. The Following Suggestion are for the California Legislative Branch: Because the California Legislature has the full authority to amend and make state law, it is suggested they: 1. Amend California Penal Code, Sections 2600 and 2601 to restore the original “Inmate Bill of Rights” that was signed and enacted into law by the present Governor Brown in 1976. The Bill of Rights, for example, stated that CDCR prisoners, and thus their extended families, were guaranteed rights to receive personal visits, subject only to such restrictions as were necessary for the reasonable security of the institution. [Former Section 2601(d)] 2. Amend California Penal Code, Section 2933.6 so that SHU and Administrative Segregation (D-status) prisoners can again receive 1/3 credit earning for being discipline free while in SHU or Administrative Segregation. As of now, by contrast, these prisoners receive absolutely no credit for this time, which provides no incentive whatsoever to be disciplinary free. Also under current law under Section 2933.6, one who is validated as either a gang member or associate, with no RVR - which the majority will be under CDCR’s coming new STG - who have, for example, a ten year sentence, will be placed in Administrative Segregation, then SHU, and will have to complete the entire ten years in SHU, die or debrief. Thus, no incentive remains to be disciplinary free. 3. Amend California Penal Code 5006, relating to Inmate Welfare Funds (IWF) so that it can also be used, for example, to purchase all the needed exercise equipment (see CDCR suggestion 17, above) and for entertainment purposes (see CDCR suggestions 15 - 16 above). This way, prison administrators cannot continue to play delay games with those monies like they are presently doing with these monies set aside from the CDCR budget. In addition, the IWF belongs solely to all CDCR prisoners. It was created to reimburse services to prisoners, including their training and education and to underwrite the prison canteens. Prisoners, who are taxed for that purpose by the CDCR on purchases and the like, have paid all the funds that go into the IWF. Those monies are not court ordered restitution funds, nor do they belong to CDCR, even though they sometimes at like they do. Every penny in the IWF belongs to all CDCR prisoners. Therefore, when the issue is our IWF money, the legislature should submit and pass bills like the one we prisoners are requesting be amended here so that our own monies can be spent on our immediate needs. In Conclusion: Because the above suggestions will affect, in some form, all CDCR prisoners, their families, and all our outside supporters, it is requested that these parties stand together in solidarity and all write, email and fax their full support with the lists in this piece to CDCR Secretary Matthew Cate, and all California Legislative branches, as well as send copies to all CDCR prisoners so they too can read and write letters to Secretary Cate. ● Thank you very much, We both send our utmost gratitude, respect and love to all our outside supporters and all family members who have remained strong with all prisoners in our united struggle. Always in solidarity, Arturo Castellanos, C-17275 Todd Ashker, C58191 PBSP-SHUPO Box 7500 Crescent City, CA 95532 The Morgue by Michael Russell 3 PEACEFULLY OVERTURNING PRISON OPPRESSION I have some words for the Rock and for PHSS News because we have to realize that our next major demonstration, if needed, would have to be effective and cause economic consequences to the profit driven California Department of Correction and Rehabilitation (CDCR). Our only hope toward over-turning the current prison oppression is through “peaceful” prison demonstrations (if necessary). Those of us held in solitary confinement units (i.e., SHUs/Ad Segs), or those of you on General Population who are political, influential, need to know that CDCR has been validating individuals who the prison administrators do not want on prison yards. It has nothing to do with whether you are a prison gang member/associate or not. That’s just something they use to manipulate some intended threat to the safety and security of the institution, in order to hold you in solitary confinement, (in which none of us should fear of being placed.) Our task before us is understanding that the prison officials have been the threat to the safety and security of all prisons (i.e., prisoners) because it has been their profit driven practices that have disrupted the programs, privileges and rehabilitation toward the mental growth and development of all prisoners. There should be serious considerations around what prisoners should be doing in response to the latest security threat group (STG) proposal by CDCR, which they are now calling “the Blue Print.” There have been many suggestions in the ‘short corridor’ around the following: 1. Hunger Strike (to the death); 2. Massive single cell demonstrations due to the stressful environment that prison officials/officers have caused for prisoners (GP, SHU, Ad Seg); 3. One year of an economic boycott, (GP, SHU, Ad Seg), 4. Massive filing of 602 appeals, on the issues that are having an adverse effect on our persons; taking them to the third level and then to outside court; 5. Tracking all funds allocated to prison officials for running prisons, and making sure we know where every penny of the $9.2 billion are going, annually; 6. Having strong communication lines between all respected principal groups, so that C/Os and prison informers (i.e., snitches) can not cause conflict amongst 4 groups, leading to unnecessary violence; 7. Reject all foods that do not have any nutritional value or meet the caloric standardized requirement per institutional policy [2600 to 2800 calories per day] -- non-natural sugar fruits; reject all processed meats that have no nutritional value or meet the heart-healthy standard advocated by CDCR dietician in Sacramento; 8. It’s important to know that those of us held illegally in solitary confinement are coming back to General Population (GP), some sooner than others. Based on my personal understanding of how GP is structured now and how prison guards have used lockdowns to coerce prisoners into ‘questionnaire hearings’, whenever something occurs on a prison yard, and C/Os use the threat of leaving prisoners on lockdown if they don’t participate in these hearings (regardless if the prisoners have something to do with a disturbance or not), we should collectively reject going to the hearings outright. We did this in Salinas Valley State Prison, C Yard, in which the ‘Damu Family’ stayed on lockdown for 90 days for refusing to participate in such a program, and we were never asked again to go to these hearings (1999/2000); 9. We must get back to the mentality where prison officials/officers have no control over us (prisoners) by removing our emotional connections to the following: VISITING, where I hear you can’t touch your family no more!! Canteen: heart attack purchases. Packages: restricted items. Yard: modern day gladiator cages. TV: reduced to kiddy porn through manipulation; and we need No adult programming/Christian-orientation/ indoctrination, which is nothing of pertinent value toward mental development. Day Room: prison romper room, etc. Once we analyze our concrete conditions, we can easily see how prison officials/officers have done everything to jeopardize our livelihood in these prisons; We must come up with peaceful demonstrations in order to combat ‘all prison oppression’ which is something we all can agree on, no matter who we are. So if you have better suggestions, then write to Ed Mead and convey your thoughts to him. With all due respect, use your name because we are very suspicious of those who withhold their identity, because of the many ‘obstructionists’ we have come across, attempting to represent the interests of the prisoners, while aiding and abetting prison officials against our interests. We all should be able to stand on our principles and convictions in that regard. ● Mutope, aka Bow Low, James Crawford, PBSP-SHU, Short Corridor 60 INMATES INVOLVED IN NEW FOLSOM PRISON Riot That Left 13 Injured S ixty inmates were involved in a riot at New Folsom Prison today that left one inmate with a gunshot wound from a correctional officer’s rifle and 12 more inmates with injuries, according to the California Department of Corrections and Rehabilitation. Four of the 13 inmates have already been treated and returned to New Folsom Prison, formally known as California State Prison-Sacramento. An unknown number of inmates suffered minor injuries and were treated at the facility, according to a news release from the CDCR. No correctional officers were injured in the melee, which began about 11:15 a.m. at one of the prison’s maximum security, general population yards. Prison officials say the cause of the riot is under investigation. To break up the fight, correctional officers used less-than-lethal methods, including “blast dispersion rounds,” before resorting to their Mini 14 rifles. Officers fired six shots, injuring one inmate, according to the CDCR news release. The other inmates suffered stab wounds or head trauma. Officers recovered four inmate-made weapons, the news release states. California State Prison-Sacramento houses more than 2,600 inmates, most of them serving long sentences or those who had behavior issues at other institutions. Sacramento Bee, 9/19/2012 Rock ADVOCACY GROUPS WARY OF NEW PLAN FOR PRISON ISOLATION UNITS Michael Montgomery, California Watch, September 13, 2012 tate corrections officials are moving forward with a plan for handling prison gangs and other violent groups, including changing rules that have kept some inmates locked in special isolation units for decades. But the initiative is raising concern among prisoner rights advocates and some experts who worry that it will do little to improve stark conditions or cut the backlog of inmates awaiting placement into the units. “There’s nothing I can see in this policy that will change the flow of inmates into these very expensive facilities,” said David Ward, a retired University of Minnesota sociologist who served on an influential 2007 expert panel appointed by the state to study how California manages prison gangs. At issue are California’s four Security Housing Units, which are designed to isolate the state’s most dangerous inmates, including those connected to violent prison gangs. The units routinely have been denounced as inhumane by civil rights groups and were the focus of widespread hunger strikes last year. Early next month, the Department of Corrections and Rehabilitation will begin modifying operations in the special units under a plan that has been in development for more than a year. The department has asserted that nearly all 3,000 inmates being held in the facilities – at Pelican Bay State Prison, California State Prison Corcoran, the California Correctional Institution in Tehachapi and California State Prison Sacramento – are active in prison gangs. “We’ve had years of violence in our facilities and in the community that have been driven by prison gangs,” said Terri McDonald, the department’s undersecretary of operations. “We’re going to implement this policy in a thoughtful, measured way to ensure institutional and community security.” Formal changes to state regulations could take several years, she said. In the meantime, the department is implementing the policy on a pilot basis. Under the plan, inmates are eligible to work their way out of the special units in three to four years if they complete special programs alongside prisoners from rival groups and do not en- S Volume 1, Number 10 gage in gang “behavior or activities.” McDonald said inmates will not be required to divulge inside information about the gangs in order to earn transfers out of the units, a controversial practice known as “debriefing.” Other changes include new criteria to determine who can be sent to the units. Under current rules, an inmate is automatically placed in a Security Housing Unit if he is identified as a member or associate of one of seven prison gangs. According to a policy draft released by the corrections department in March, prison gang associates would be sent to isolation units only if they were “engaged in serious criminal gang behavior or a pattern of violent behavior.” The department also would target dangerous members of any group considered a threat to prison security, including street gangs and extremist groups. The changes will give prison staff more flexibility in dealing with a range of “security threat groups,” according to an Aug. 30 corrections department notice sent to the California Correctional Peace Officers Association, the powerful union representing prison guards. The new policies will put California more closely in line with “recognized national standards and strategies,” staving off the “inevitable litigation and court mandated changes the State would face by remaining exclusively reliant on the current system,” according to the document. SHU Syndrome by Michael Russell But revisions in a June 29 corrections document obtained by California Watch suggest that officials are moving away from the narrower focus on specific criminal or violent acts. Rather, they appear to be reviving controversial guidelines that have allowed authorities to send inmates to the special units for violations such as gang-related tattoos and drawings. The updated version of the policy relies on a number of factors to determine whether an inmate already identified as an associate of a security threat group would be placed in isolation – roughly two thirds of the inmates currently in the special units are classified as associates. In addition to violent acts such as murder and assault, prison officials would consider an inmate’s disciplinary record, including: • Security threat group-related tattoos and/or body markings • Clothing worn “with the intent to intimidate, promote membership or depict affiliation in a security threat group” • The leading or incitement of a disturbance, riot or strike • Possession of artwork showing security threat group symbols • Use of hand signs, gestures, handshakes and slogans that specifically relate to a security threat group. Advocacy groups have long complained that the evidence used by the corrections department, like tattoos and drawings, often is vague and inaccurate. They also say the process does not always identify men involved in violent or illegal acts. “The department’s approach continues to be guilt by association,” said Don Specter, director of the Berkeley-based Prison Law Office. But McDonald said the guidelines are a useful tool in identifying high-risk inmates active in violent gangs. “When you put a gang tattoo on your body, you are saying to the inmate community, ‘I’m a member of this gang; I represent the values of this gang.’ It’s a purposeful act,” she said. “You’re propagating gang behavior in the prisons, and you’re creating a risk to the institution and the community.” Still, McDonald said she expects some inmates now being held in the special units could qualify for transfer under the new policy. 5 A special committee already has begun to review case files of nearly every inmate at Pelican Bay’s Security Housing Unit using the department’s new gang-related disciplinary criteria. The first reviews could be finished next month, after officials complete a visit to Pelican Bay. “I believe there will be inmates who are reviewed in the case-by-case reviews … who, based on their willingness not to be engaged in gang behavior, will be released out to a general-population prison setting,” McDonald said. She said that initially, the reviews will focus on inmates who have been held in the special units the longest. According to department data released last year, some 500 prisoners have been locked in isolation for more than a decade. Charles Carbone, a prominent prisoner rights attorney, said the new policy lacks credibility, and it would be difficult for the department to persuade inmates to participate in the programs. “The promised reforms are a power grab,” he said. “They give the California Department of Corrections and Rehabilitation more authority and power to track more prisoners for gang activity and to place, ultimately, more in supermax prison settings. This is not a scaling back of supermax prisons as is being done in other states.” In May, lawyers for the Center for Constitutional Rights filed a lawsuit on behalf of hundreds of Pelican Bay inmates who have served more than 10 years in the prison’s Security Housing Unit, claiming their prolonged isolation in windowless cells violated due process and amounted to cruel and unusual punishment. A federal judge has scheduled a case management conference for December. ● 6 EDITORIAL 1-10 I am good with money but can use more stamps. I did not have enough to mail out this issue and had to buy some with money that would have been better used for paper, toner, etc. If you have some stamps to spare, please send them to me. Some have written and asked what a subscription costs. It costs me a little over two stamps to produce and mail each issue, if you send two stamps per issue or 24 stamps per year ($10.80) you’ll reduce my costs. If you send three stamps per issue or 36 stamps per year ($16.20) that would help to cover the many free ones I send out to those who have not contributed anything. In the past I have threatened to drop the freeloaders, but I’ve never done so as I believe everyone in the SHU deserves to receive this information. So those of you who can afford it help out those who can’t or who are unwilling to pay their fair share. In other news, the new 37 page draft STG Policy version 7.0 is available online at https://www.documentcloud.org/ documents/426255-stg-policy-7-0.html. It’s way too long for me to print here and I don’t think I could do an adequate job of summarizing it for you here (I could in Prison Focus but I’m not sure when it’s coming out again). If your captors have not yet provided you with a copy, you might want to have your loved ones on the outside print it out and mail it in to you. If you have submitted a letter or article for publication and have not seen it printed yet, it is because one of two reasons. First, because I give priority to HS-related material from the reps, and, secondly, because I am too busy or too lazy to keyboard the document so it can be included in the newsletter. I still have those letters and articles and, if not yet moot, I do plan to print some of them when things slow down some. I have enough material that I could actually put this publication out twice a month— that is of course if I had the time, volunteers, and money to do so. In other words, this will continue to be monthly for a long time to come. If you have someone on the streets to keyboard your articles or letters, then, I am ashamed to admit, that would substantially increase the likelihood of their being printed. In the last issue you read about two race riots in California prisons, in this issue you read about one more—at New Folsom. Please understand that there will be either struggle or there will be barbarism. The anger of the oppressed must be expressed, even if in a self-destructive manner. Without struggle CDCR will triumph, which will lead to the annihilation of hope. Without hope there cannot be victory. Today we face the choice of peaceful, active, and conscious struggle on the one hand, or defeat and hopelessness on the other. We are at a crossroads—the building of a peaceful struggle for justice or more fear, death, and destruction. The choice is yours to make. But to make no decision is still making a choice. The call for a cease fire may or may not be effective. If effective it will not last forever. It’s pretty simple. Peacefully resist or the system will descend into some form of self-destructive barbarism. Again, the choice is yours. But as you can clearly see, the cannibals are on the march. ● Ed Mead Quote Box “A small body of determined spirits fired by an unquenchable faith in their mission can alter the course of history.” Mahatma Gandhi “Nothing strengthens authority so much as silence.” Leonardo da Vinci “Where is the justice of political power if it executes the murderer and jails the plunderer, and then itself marches upon neighboring lands, killing thousands and pillaging the very hills?” Kahlil Gibran - 1883 - April 10, 1931 “Everything is backwards; everything is upside down. Doctors destroy health, lawyers destroy justice, universities destroy knowledge, governments destroy freedom, the major media destroy information, and religions destroy spirituality.” Michael Ellner “It should be no surprise that when rich men take control of the government, they pass laws that are favorable to themselves. The surprise is that those who are not rich vote for such people, even though they should know from bitter experience that the rich will continue to rip off the rest of us.” Andrew Greeley, Chicago Sun-Times “The duty of a patriot is to protect his country from its government.” Thomas Paine Rock [Note: Names of letter writers will be withheld unless the author of the letter explicitly approves printing of their name.] The Connection between Commie Rhetoric and What’s Needed to Bring About Changes Within Isolation Chambers (Ad-Seg and the SHU) In the September 2012 issue of the newsletter Rock, in the editorial notes section, was a statement concerning the absence of [the editor’s usual] commie rhetoric in the newsletter due to an effort to focus only on aspects of the struggle against the SHU and draconian policies that put people in there. I fail to see the logic in this decision due to the true ideology of communism which most prisoners aren’t aware of—the relatable information concerning what needs to be done to bring about changes within AdSeg and the SHU. As has been written about before, the Marxist doctrine is true, comprehensive, harmonious, and offers an integral process void of any forms of oppression used against prisoners in Ad-Seg and the SHU. Prisoners need to know this! From the inception of isolation chambers in the prison system a great number of prisoners have bowed down and accepted being oppressed and exploited instead of standing up for their rights. Subjects such as communism need to be written about as much as possible at every opportunity that presents itself. There must be an effort to give prisoners a basic grounding in the fundamentals of communism so that they will be taught the [role of prisons in capitalist society] and the underlying reason why prisoners are being labeled members and associates of a prison gang and placed in Ad-Seg and the SHU. For years the propagation of misunderstood information has led to a multitude of prisoners to promote an ideology of prison politics that are destructive to their very existence. It’s time to reeducate prisoners about the true nature and intention of prison politics and they were put forth and promoted within the prison system during the 1960s by prisoner who had grasped the true process of communism. In Solidarity. Tony Stitt Volume 1, Number 10 Languishing in ASU There are hundreds if not thousands of us in Ad-Seg (ASU) in all of the 33 prisons. We have been validated and are awaiting transfer to indeterminate Corcoran or Pelican Bay SHUs. We sit here for two to three years waiting to be transferred. I am currently validated and have been waiting to be transferred to Corcoran SHU for two years now, and there are three others in the same situation here at CMF ASU. We keep hearing that CDCR is going to implement the new STG-1 and STG-2 program and review all of the validated inmate’s files and potentially release some associate STG-1 inmates to general population. Our understanding is that CDCR was going to start the reviews in August 1012 at Pelican Bay SHU. We who have been sitting in these Ad-Seg units throughout the CDCR for two to three years are starving for information about this process while we sit here in these ASUs with no radio or TV in limbo isolation. We are hopeful you can shed some light on when CDCR may get to a review of the rest of us validated inmates and if they have actually started anywhere, be it Pelican Bay or wherever. We know the STG is just a smoke screen to further CDCR’s agenda on putting most all of us in SHU isolation forever, but we are grasping at straws in the hopes that there is a way of out the SHU besides debriefing. No one, I repeat, no one should bow down to CDCR’s bureaucratic BS of debriefing. It hurts all of us to help CDCR further their agenda of mass isolation and sensory deprivation. We would appreciate any news you have in regards to the review of validated inmates CDCR has said that was going to start to take place in August of 2012. Name withheld LETTERS LETTERS [Ed’s Response: Of course you are correct. Every significant advance in the struggle of prisoners has been led by communists on the inside. Even the prisoners during the Attica uprising demanded transportation to a non-imperialist country. When led by ideologies other than Marxism, on the other hand, such struggles generally result in prisoners killing prisoners, as in the case of the 1980 New Mexico riot in which 33 prisoners were killed by other prisoners. Only Marxism gives us the ideological tools needed to build a national prisoner’s movement that looks beyond mere token reforms that prisoncrats can withdraw just as soon as we look the other way. I belong to no political party or trend, and I won’t recommend that readers examine any specific communist group or organization. I would however suggest that you take the time to read some basic Marxist literature, such as the Communist Manifesto or materials by other progressive thinkers. Socialism and communism are the same thing, the former is but the first stage of the latter. Some countries my call themselves communist or socialist, such as the China or Russia, but the test is a simple one: are the means of production in private or public hands—are they in the hands of the rich or in the hands of the people who produce everything? Using this test, neither China nor Russia are socialist. Sometime you will hear someone say Obama is a socialist, but if he is not putting the means of production into the hands of the people (something the bourgeois constitution prohibits) he is not a socialist. Socialism cannot be elected to office, it must be the result of a revolution—the bourgeois state must be smashed and totally replaced—police, courts, prisons, the whole apparatus of repression smashed and replaced by institutions created by working people. This new system will extend political and economic democracy to all. As the editorial Mr. Stitt was writing about said, Rock will always be coming from a class conscious perspective. I was merely saying that I would not be preaching socialist ideology (as I’ve just done) in these pages. But when an article arrives that addresses the prison struggle from that perspective, such as Mr. Landrum’s “The Road Ahead”, it will be printed here. What I was trying to say, however in artfully, is that the anti-Ad-Seg/SHU struggle is made up of many ideologies, and that Rock must account for this fact.] [Ed’s Response: As far as I know there have been no reviews of the type you mention. If any readers have different information please let me know and I’ll work to get the news out. The whole STG is merely a pretext to indefinitely lock anyone up, not only alleged gang members. The STG thing works to expand the state’s repression of prisoners in the guise of positive reform. The promised review is the carrot at the end of that stick.] Letters ................... Continued on page 10 7 WHAT’S WITH PRISON TALK ONLINE? By Ed Mead rison Talk Online (PTO) is an Internet-based forum in which family members and loved ones of prisoners share information around prisoners and various prison-related issues. It’s pretty good sized too. PTO boasts 551,848 threads, 6,848,350 posts, 350,183 members, and 29,779 active Members. The threads cover just about every aspect of the prison experience, although many of the posts address the concerns of the loved ones of prisoners. In around 2002 I too became a member of PTO. It was some months before the U.S. invaded hapless Iraq that I got into a discussion of the subject on the PTO boards (as these forums are called). A former federal prisoners who went by the handle of FedX started PTO. He was one of those super-american patriots who at that time wen on and on about how great it was that the U.S. was going to invade Iraq. Well, I made the mistake of posting something in opposition to the looming war and he promptly banned me from PTO. After starting the Rock newsletter I was getting a lot of material from SHU prisoners that related to the struggle against the validation process and SHUs in general. I thought much of this material should have a wider audience than just those who read this little newsletter, so I started posting these prisoner writings on PTO. I felt family members and the loved ones of prisoners needed to read what the more advanced prisoners were writing, especially the documents being sent out by the Short Corridor Representatives. Accordingly, I started posting these documents in the PTO forums under heading “California Prison News and Events.” Here’s an example of how PTO suppresses prisoner speech. I posted the full text of the “Agreement to End Hostilities” document issued by the PBSP-SHU Short Corridor Collective. This was a major document that needed to get into the hands of family members and the loved ones of California prisoners. The document was addressed to prisoners in every facility in the state, and family members could have helped get that important message, a message in support of peace, in to their loved ones on the inside. What did PTO do? They P 8 censored the post from the boards, they deleted it! When I objected they said it violated copyright rules. And if I didn’t like it I could appeal. I wrote back: “No, I’ll not appeal it. I’ve been in and out of PTO for a very long time. And nearly every time I leave it is because of anti-prisoner attitudes such as yours--such as finding some rule that does not apply and applying it to stifle pro-prisoner speech--suppressing the actual voice of prisoners. I’m out of here again. I’ll try again at some point in the future, but for now you’ve pretty much put an ice pick in the back of what prisoners are trying to accom- “PTO is not a forum open to debating whether or not anyone should be in prison, should prisoners and their families have rights, etc.” plish.” PTO’s response was to delete a number of other posts I’d made, such as CA Senate Passes Prison Media Access Bill, PBSP: Assessment of the Meetings with the Assistant Warden, Letter Regarding PBSP SHU Demand Status, Document from PBSP SHU Representatives, etc. And again I objected: “I am the editor of a couple of prisoner-oriented publications. As such prisoners send me letters containing information they want the general public to know about. I then keyboard those letters and post them in forums such as this, and in many cases publish them in one of my newsletters. “Now you are taking this material that prisoners send to me and deleting it from the PTO forum because of copyright rules. This information was sent to me by prisoners to be distributed. It is not copyrighted. “The first post you deleted could bring a long needed peace to gang violence in California prisons, not to mention progress in conjugal visits and other areas. It too was not copyrighted. Can you honestly think of a more important document than prisoner leaders all coming together and calling for an end to hostilities? “I understand the PTO rules, and when I post something from the mainstream media I give a brief synopsis and then post a link to the actual ar- ticle. But in this case I am posting letters sent to me by prisoners.” The PTO response was, again, that my posts violated their copyright rules. I replied: “The guidelines are there for good reasons, to protect PTO from copyright infringement litigation. I have no problem with the rule. Indeed, as I said in my last post, I know the rule and I use it when posting items from the bourgeois press. “The point you are missing, however, is that none of the censored material was copyrighted. You are being extremely overzealous in my case by censoring un-copyrighted information sent to me by prisoners. In this case, important information that needs to be in the hands of the friends and loved ones of prisoners. This is going far beyond the rule. This is censorship and persecution, and it works to harm the legitimate cause of prisoners. Under normal circumstances I would shrug this off, but the call for peace on the inside is a monumental development and needs to be widely circulated. Publishing the entire message on PTO would have helped get the message to prisoners throughout the state. The effect of your censorship is to retard the process of bringing gang peace to those on the inside. “I will be writing about this whole incident in the next issue of Prison Focus and the Rock newsletter. Prisoners need to know about this censorship of their message; they need to know what Prison Talk Online is really all about.” PTO’s next response was not only to delete my posts, but to delete my favorable reply to the post of another user. I objected again and in return got a listing of PTO rules. Here is the essence of those rules and my reply to them: Freedom of Speech: “Anything that goes against our core beliefs and the purpose for which this community was designed may not be allowed. Posts and comments that are meant to incite conflicts between members or outside parties are strictly prohibited.” Did any of my posts “incite conflicts between members or outside parties”? I have read the rules and my speech did not violate them. You had to twist the rules in order to apply them to me. I fully understand that PTO will “not tolerate individuals or groups creating Rock problems with the overall membership.” But how do you suppose I did that in a post that announced a call for peace on the inside? Attacking PTO Moderators & Administrators: “Posting a thread or reply to comment on, question, or criticize moderator or administrator action is not appropriate in a public forum.” Did I attack any administrator in any public forum? In my reply to [a] post I did say that my full post of the document in question was censored, but that was the reality and not an attack on anyone. I suppose I could have used the word “deleted” but in this context would you not agree that they both mean the same thing—neither of which is an attack on a moderator. Deleting Posts and Closing Threads: “PTO Administration has the right to close or remove any post or thread we deem inappropriate.” This rule gives PTO broad latitude in removing posts. In my years as a prisoner I came into contact with a lot of guards who abused the latitude of rules, of the discretion given to them, in order to oppress prisoners. Here I sincerely believe you have abused your discretion by censoring (let’s call it by its right name) un-copyrighted material sent to me by prisoners—material that is in the public interest for the loved ones of California prisoners to know. In your defense you continue to cite rules that I have not violated. Prison Talk Online represents the most conservative element of the online prison community. Some years ago I had to fight like hell to get a forum on the subject of Prisoner Activism. Yet if deem something too radical, such as a desire for peace on the inside, they promptly censor it. PTO better serves the interests of prison administrators than it does those of prisoners. So jealous and petty they are that one of their rules is “Do not promote other online communities” or you “will get … banned without notice.” One would think they would encourage many such communities. But who should be surprised, their first rule says “PTO is not a forum open to debating whether or not anyone should be in prison, should prisoners and their families have rights, etc.” We are not to discuss whether prisoners or their family members have rights? That pretty much says everything that needs to be said about Prison Talk Online. Volume 1, Number 10 For those who have a loved one on PTO, I would suggest you let them know about Prison Family Online (http://www.prisonfamilyonline.com/forum.php), a smaller (56,000 threads, 133,204 posts, and 2,526 active members) forum but more supportive of prisoner issues. Lastly, to paraphrase former president G.W. Bush, you are either with us or you are with CDCR. By refusing to post material issued by the SHU reps PTO has objectively sided with CDCR. ● SENATE PASSES PRISON MEDIA ACCESS BILL T he California Senate passed AB 1270 by Assembly member Tom Ammiano today, sending the bill on prison media openness to Governor Jerry Brown for his signature. The bill would restore the conditions that existed before 1996, the year that state corrections officials cut down on reporters’ ability to report directly on prison circumstances. “We’re not just worried about reporters,” Ammiano said. “The lack of good information is also a danger to the prisoners, the employees and the public at large. It was under these closed-door conditions that prison health conditions deteriorated to the point that the courts stepped in. When it comes to prisons, what we don’t know can really hurt us.” “California’s prisons are notoriously off-limits to the kind of scrutiny that is routine for most public agencies,” the Los Angeles Times wrote in a recent editorial. The bill deserves the Governor’s signature, The Times wrote. Under current procedures used by the California Department of Corrections and Rehabilitation, journalists cannot request interviews with a particular prisoner to investigate conditions in the taxpayer funded facilities. This makes it difficult, if not impossible, to investigate any events, such as the 2011 hunger strike in prisons. Moreover, though, reporters may interview people in prisons who are selected by prison officials, there is no way to conduct follow-up interviews to those encounters, nor is there a way to check whether a prisoner has suffered any repercussions as a result of interviews. “I hope that Governor Brown understands that lifting the media ban from our prisons can help victims like myself know what’s going on behind prison walls, improve conditions of confinement and save tax payers money. We need to let the light in,” said Shirley Wilson from the Youth Justice Coalition in Los Angeles. Wilson’s son was murdered and she now volunteers with youth who are at risk of being locked up. “The public has the right to know how our tax dollars are being spent inside prisons,” said Jerry Elster, an organizer with All of Us or None. “If the state officials have nothing to hide then what’s the problem with reporters having more access to people in prison?” “With passage of AB 1270 legislators have voted for transparent and accountable reporting of the state’s 32 prisons and the more than 130 prisoners locked inside their walls,” said Nancy Mullane, a prize-winning reporter and author on prisons. “With the governor’s signature, no longer will professional, credentialed, hard-working journalists be forced to interview whichever inmate the prison authorities make available to them. For the first time in more than two decades, journalists will be permitted by law to request an interview with an inmate by name.” Following passage, the Governor has until September 30 to sign the measure. The bill is supported by the California Catholic Conference, the American Civil Liberties Union, the California Newspaper Publisher Association, Legal Services for Prisoners with Children, California Correctional Peace Officers Association and more than 20 other groups. It is sponsored by Californians United for a Responsible Budget, the California Coalition for Women Prisoners, the Center for Young Women’s Development, the Friends Committee on Legislation of California and the Youth Justice Coalition. ● Prisoner Artists! Prison ArtArt is ais nonprofit Prison a nonwebsite. It chargesthat a 10 profit website percent feeaiften yourperart charges or craftservice sells. Send SASE cent fee if for a free brochure. No your art or craft SASE, no brochure. This sells. Send a SASE offer void where profor free hibited bybrochure. prison rules. Sell Your Art On the Web Sell prisonercreated art or crafts (except writings). Send only copies, no originals! Prison Art Project P.O. Box 47439 Seattle, WA 98146 www.prisonart.org sales@prisonart.org 206-271-5003 9 Letters .................. Continued from page 7 Response to “Senate Bill X3-18 Challenged” (Rock newsletter, Sept. 2012) In addition to the claims that have been raised thus far: 1. The claims are that revoking our good time credits violates the ex post facto clause. 2. That the revocation violates our right to due process. As a suggestion, the individual might want to consider including an additional claim in his legal petition, from the perspective of Penal Code Sections 2932, 2933, etc. depriving prisoners who have been validated as alleged prison gang members housed on indefinite solitary confinement status, of our due components, as to whether a prisoner is entitled to due process via a disciplinary hearing, is if the guilty finding impacts prisoner’s time credits and/or extends that prisoner’s prison sentence. See: Sandin v. Conner, 515 U.S. 472, 487 (1995); In re Johnson, 176 Cal. App. 4th 290 (2009); and In re Jenkins, 50 Cal. 4th 1167 (2010). So essentially, if a prisoner is serving a life sentence, in addition to an indeterminate SHU term as an alleged prison gang member, that prisoner is deemed “civilly dead”! In that our life sentences are not extended per the disciplinary finding, as we’re not entitled to earn any “good time” credits, pursuant to Penal Code Sections 2932, 2933, etc. Something to thin k about! Dare 2 Struggle! Dare 2 win! Kijana Tashiri Askari, PBSP SHU COP SHOOTS AND KILLS DOUBLEAMPUTEE IN WHEELCHAIR S eptember 23, 2012 “Information Clearing House” - Houston - In an incident outside of a group home in Houston, a police officer shot and killed a wheelchair bound, double-amputee after the man threatened his partner. Unfortunately the object with which the man was threatening the officer’s partner turned out to be a pen. Brian Claunch has been living for the past 18 months with two other men. Claunch apparently caused a disturbance and became agitated when his caretaker refused to give him a soda and a cigarette. The police were then called. According to police representatives, when the two officers arrived, the disabled man cornered one officer and threatened him with a metal object. Claunch ignored officers’ commands and made threats against them and other occupants of the home. Houston Police Department spokeswoman, Jodi Silva said, “He was approaching them aggressively. He was attempting to stab them with a pen.” According to Silva, Matthew Marin, a five-year Houston Police Department veteran, fired his weapon at least one time, fearing for his partner’s safety and his own. Claunch died at the scene. The shooting officer, Marin, has been placed on three-day administrative leave, which is a standard procedure for all officer-involved shootings. Marin was reportedly involved in another fatal suspect shooting three years earlier. ● Ed Mead, Publisher Rock Newsletter P.O. Box 47439 Seattle, WA 98146 FIRST CLASS MAIL