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Rock Newsletter 2-7, ​Volume 2, 2013

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Working

W
Working
ki to
t Extend
E t d Democracy
D
to
t All 
Volume
Volume
V
V l
2, N
2
Number
b 7
7

July

J
J l 2013
July
2013

PRISONER REFLECTIONS ON THE
UPCOMING STRIKES
Compiled by Kim Pollak of California
Prison Focus
hile some feel like rolling participation is sufficient, there are
others who are adamant that
there must be no part-timers, but rather full
time participation straight through to the
end. In the end each individual has to take
their own mental and physical health into
consideration when making this personal
decision.
Some individuals believe a Hunger
Strike is too passive. Others feels that a
non peaceful approach is harmful to the
movement. Hunger Strikers are encouraging men who are angry and wanting a more

W

CONTENTS
Prisoner Reflections .................1
Quote Box
Let’s Rock ................................3
Potty Watch ..............................3
Letters ......................................4
Obstruction of Grievances .......5
Corcoran Staff to Ignore HS.....6
Green Hill Demands.................7
Guantanamo: Fear & Hunger ..7
Editorial Comments..................8
On Unity of Purpose.................9

aggressive approach of protest to remain
peaceful. Otherwise, one man emphasized,
the system will use the violent protest to
justify more violence and oppression.
One of the reps, despite his reservations,
agreed to support the HS in order to maintain solidarity with the other reps. Among
other things, he is worried about the health
of older participants. He stated that the
main emphasis should be on “sentiment,
perception & maintenance of SOLIDARITY.” Other prisoners also stressed the importance of having a common vision and
solidarity on the way they address the issues.
One of the men we spoke with explained
that he is participating on behalf of the
youth coming behind. He does not want
kids who are the street right now to end up
going through this stuff. “I’m dying a slow
death,” he said. “I don’t want anyone else
to be up here.” “We’re in the 8th inning,”
he continued, “The 9th inning is in July.”
Another stated, “I am not trying to be
here with the ‘worst of the worst’. What
does that mean? Define it.” Why, he asked
rhetorically, are there men who have been
in the SHU for 15 years who have never
received any violations?!” Therefore, he
explained that he is 100% behind the upcoming protest and feels that it’s been a
long time coming. Despite everything, he
explained, “we all keep a cool head and
move forward with the peaceful.”
......One man with whom we spoke expressed confidence that the Hunger Strike
will be successful. In 2011 they were directed to do anything to end the Hunger
Strike, and they did, primarily with false

promises. This time, this particular inmate
believes that CDC will have to sign the decree (agree to the 5 demands) and will not
be able to stop the strike without doing so.
He believes this will happen before the end
of August.
It has been reported that the Pelican Bay
mainline is preparing for a work strike, as
well as those at Corcoran. Prisoners from
the San Quentin Adjustment Center also
plan to participate, as well as prisoners all
over California. One man spoke of the impact it would have if prisoners all over the
country make their demands and participated in hunger strikes simultaneously.
Men are reporting that people are more
determined to go for 30 days this time. One
man stated a potentially sad truth, “people
will die, and that may be the only way.”
Several prisoners have expressed their
feeling that “Potty Watch” is one of CDC’s
worst practices and thinks it should be addressed in the HS demands.
One man with whom we spoke stated his
sentiment that the men need to push even
further and go for longer. He told us that
he knows men who, despite poor health,
are getting ready to participate. “If these
guys die, it’s important people know it because CDC won’t change.” He feels there
needs to be non - CDC oversight, ensuring
that each prison meets its responsibilities
throughout the protest.
One man stated that they have been receiving some small privileges (ie: pull-up
bars). He continued to explain with disgust
that the CDC acts like that is what they
want. But rather, he stated emphatically,
“we want out of the here; to shut down the

SHU.” “You can’t better a place that is
specifically built to break people.”
One inmate explained that he is anxious
for the HS to begin. He wants it to happen
and be done with, but, he explained, he
made peace with it awhile back. Another
plans to approach the HS as a spiritual fast.
He will observe Ramadan, which begins
July 8 this year.
About six months ago, a man who’d had
a quadruple bypass was being denied his
meds, Michael tells me. This man eventually went on a one-man hunger strike because of the denial of his meds. While at
COR, one man reported that he did not eat
for five extra days after the strike had officially ended because no one told him the
strike had been called. He ended up spending time in ICU
In regards to the HS one of the reps saw
a memo stating that inmates who drink ensure will be off of the HS. People need to
be aware that ensure is not a liquid and
consuming it is will end one’s participation
in the HS. This is a no solid-food strike. Vitamins, kool Aid, hot chocolate are liquids.
Ensure is nutritional and considered a food.
C/O’s should not be allowed to confiscate
vitamins or beverages. During the last HS
the medical receiver actually provided vitamins to some HS participants. There is concern about the confiscation of vitamins and
kool aid. “If they [c/o’s] are taking these
items, the medical receiver should be provided with a reason as to why.”
Men are consistently reporting that harassment and repressive tactics have intensified. C/Os are being increasingly “creative with their write-ups”. Men are being
threatened with, and sometimes receiving,
115’s for “talking loud”. Prior to the HS in
2011, they didn’t “sweat the small stuff”.
On the contrary, sergeants are currently
pressuring c/os to issue write-up for anything.
Men report that CDC is changing rules
and increasing regulations in preparation for the Hunger Strike. They are, for
example, cutting the space permitted for
personal property down to 6 cubic feet. He
explained that when the HS begins they can
inventory property and store the property
that they confiscate more easily as it will
take less space. At Pelican Bay the prisoners who participated in the 2011 hunger
strikes received 115s for doing so. Those
who plan to participate in future peaceful
protests expect to receive 115s for their
involvement and endure other forms of
retaliation by prison staff. Many prisoners
2

are still moving their 602s through the first
three refusals. One man submitted 602 petition challenging a 115 from the previous
HS, however after his 602 was filed they
changed it to a different 115, reporting that
he incited a riot. One prisoner with whom
we visited stated that he has filed many
602s since the 2011 Hunger Strike because
“nothing has changed.”
It was reported that staff tried to validate
2011 Hunger Strike participants from the
mainline as retaliation for their participation.
Cell raids have reportedly increased dramatically. They are now commonplace. The
6-square-feet rule which was essentially ignored in the past, is now being strictly enforced. Food and other items are frequently
confiscated. The men have been told, “We
know you guys are stacking up for the Hunger Strike.” The men at Pelican Bay expect
guards to take away canteen items during
the protest. One inmate explained that the
escalated tactics of intimidation is due to
the fact that CDC is “worried about losing
their grip.”
Prisoners have been told by the c/os
that they (CDC) “is not going to do anything” and that the Hunger Strikers “will
die here.” In response to that attitude, one
of the reps at Pelican Bay emphasized the
need for those on the outside to apply pressure to prison officials and federal receiver
regarding policies and responsibilities that
CDR are required to follow. They must be
held accountable for meeting medical requirements. CDC, he stated, has a responsibility to every prisoner.
The overall consent seem to be that The
Agreement to End Hostilities has been effective. Tactics used to separate the men
from their communities are deliberate.
However, prisoners are consistently expressing optimism and enthusiasm about
the agreement. They attribute the c/os’ escalated tactics to its efficacy. Men are making statements such as, “people are abiding
by it, they put their differences aside for
everyone.”
One rep stated that “Individual differences may still come up. It is important to
be careful of the ‘knuckleheads’ and watch
out because c/o’s will use other inmates
to stir up dissension.” He emphasized that
“violence is not the way in 2013. It is not
our first option. [We must] litigate and be
smart; only nonviolent peaceful protests...
The Agreement to End Hostilities is concrete. All racial entities are sincere about
it... and want to see success.” ●

Quote Box
“No experiment can be more interesting than that we are now trying, and
which we trust will end in establishing
the fact, that man may be governed by
reason and truth. Our first object should
therefore be, to leave open to him all the
avenues to truth. The most effectual hitherto found, is the freedom of the press.
It is, therefore, the first shut up by those
who fear the investigation of their actions.”
Thomas Jefferson to John Tyler
“My kind of loyalty was to one’s country, not to its institutions or its officeholders. The country is the real thing, the
substantial thing, the eternal thing; it is
the thing to watch over, and care for, and
be loyal to; institutions are extraneous,
they are its mere clothing, and clothing
can wear out, become ragged, cease to
be comfortable, cease to protect the body
from winter, disease, and death”
Mark Twain
“A new fascism promises security
from the terror of crime. All that is required is that we take away the criminals’ rights-which, of course, are our
own. Out of our desperation and fear we
begin to feel a sense of security from the
new totalitarian state.”
Gerry Spence, lawyer and author,
source: Give Me Liberty, 1998
“Every step toward the goal of justice
requires sacrifice, suffering, and struggle; the tireless exertions and passionate
concern of dedicated individuals.”
Martin Luther King, Jr.
“Never doubt that a small group of
thoughtful, committed citizens can
change the world. Indeed, it is the only
thing that ever has”
Margaret Mead,
American cultural anthropologist
“You stand with the belligerent, the
surly, and the badly behaved until bad
behavior is recognized for the language
it is: The vocabulary of the deeply
wounded and of those whose burdens are
more than they can bear.”
Gregory Boyle,
Tattoos on the Heart

Rock!

LET’S ROCK!
The musings – or mental fog – of a hunger striker
By Gabriel A. Huerta, July 17, 2011
itting here on my 17th day of a hunger strike in protest of the inhumane
and torturous treatment of our confinement in the SHU of Pelican Bay State
Prison, my heart races at 126 beats per
minute – at rest! Am I soon going to have
a heart attack? Am I mad for risking my
health – my life! – or am I just “fed up”
with having spent 25 years of my life in
SHU for non-disciplinary reasons?
My mind is racing just as fast if not faster as my heart. A fog has settled in on my
thoughts; everything seems hazy and I’m
not sure if I’m even thinking logically anymore.

S

The boat started to sway just a little from
side to side and the overseers were frantic
to stop the swaying. They were whipping
guys viciously, but no one would pick up
the oars. In fact more and more people were
refusing to row, and the boat was rocking
dangerously close to capsizing.
The overseers were terrified and all that
was heard was “rock!” The oars, with the
words “industries,” “shirt factory,” “wood
products,” “shoe factory,” “dairy,” “kitchen workers,” “cooks” engraved into them,
were all just lying there, idle, and we told
the overseers, “You want this boat rowed,
then YOU do the rowing.”
About this time I either woke up or I
snapped out of the fog I was in. My heart
was racing. Am I mad? Is that really such a
crazy, irrational thought? Or is it the most
sane, common sense thing that should have
taken place years ago?

“You want this boat
rowed, then YOU do the
rowing.”
This morning I was dozing in and out
of a dream. I usually don’t remember my
dreams any more, so I’m not even sure if
I was actually dreaming or if I was awake
just thinking in the fog. But this is what I
remember: I was in this big ol’ boat along
with a whole lot of other guys and we were
rowing this boat. It was hard work – and
maybe that’s what got my heart pumping so
hard – and if any of us slowed down or fell
out of sync, these overseers would come
over and whip us something awful. So we
all had an incentive to keep rowing.
Then an old man a few rows in front of
me stopped rowing. He started to sway
from side to side as the overseers whipped
him. Regardless of the pain, the old man
just continued to sway from side to side
and all he would say is “rock.” Everyone
thought the guy was mad, that he had lost
his mind or something.
Then another guy, a few rows back,
threw his oar down and began to sway in
the same way as the old man. Everyone
was confused. Then a few more people
started throwing down their oars and swaying in sync to each other. Nothing was said
except “rock!”
Volume 2, Number 7

I thought about this as I drank my tea and
the C/Os (correctional officers) passed out
breakfast. “Are you gonna eat?” the C/O
asked. “No,” I replied. And with my heart
still racing, I thought to myself, crazy or
not, I say, “Let’s rock!” ●
Source: The San Francisco Bay View
http://sfbayview.com/2011/lets-rockthe-musings-or-mental-fog-of-a-hungerstriker/

CONTRABAND
WATCH, AKA
POTTY WATCH

They do so into a bag while being closely
watched by the guards, who later examine
it closely for contraband.
Men who have experienced Contraband
Watch and lived to tell the tale, explain that
it is very taxing both physically and emotionally. The guards are there when you
make a bowel movement and often times
the door is left open. Men have reported
walking by the contraband watch cell and
the door to where the CO sits to watch
the person defecate into a bag, being wide
open. If the guard decides that the bowel
movement is not of ”sufficient size” it does
not count toward the three poos which are
required before one can be released from
Potty Watch. That may result in an additional 24-36 hours, beyond the required
72 hours. And even if the three required
bowel movements occur before three days
have passed, the prisoner is still kept under
Potty Watch to comply with the 72 hour
minimum.
Men report that they do not get a mattress, sheets or a blanket. They are stripped
down to their undergarments and the floor
is hard and cold. That alongside the uncomfortable and painful contraptions they
are forced to wear make it nearly or completely impossible to sleep. The men are
not given toilet paper, nor are showers are
not permitted.
Though CDC claims that they have
limited Contraband Watch, many inmates
deny this, as they have witnessed otherwise. Some of the men visited by California Prison Focus volunteers who have endured Contraband Watch were traumatized
and in fact scarred by the experience. This
offensive practice is degrading and humiliating and considered by many to be both
physical and mental torture. ●

F

or those of you on the outside who are
not familiar with the practice called
“potty watch” here is a brief explanation: Prisoners are put into very small
cells for a minimum of 72 hours, in which a
prisoner’s excrement is examined for items
perceived to be “contraband.” Hands and
feet are shackled and their hands are encased in PVC tubes up to the elbows on the
grounds that they must be prevented from
interfering with any objects that could be
excreted. Prisoners are under observation
for the entire time they are there, including
and especially while they are defecating.
3

[Note: Names of letter writers will be
withheld unless the author of the letter explicitly approves printing of their name.]
Righteous Cause
As an upright activist, you are to be commended for your great work by us all who
appreciate your righteous purpose. Your
publication brings light to some of the
darkest corners of the CDC, such as these
SHU and ASU units. As an inmate [you are
prisoners, not inmates] enduring this current struggle, it is of great support to be enlightened with such clarity.
It is interesting to be apprised that the
same understanding is developing at other
SHUs. With the time now ticking, the administration is scrambling to install pull up
bars here at Tehachapi. Why now? Because
it is only when we, residents of this CDC
enduring tyranny, stand up and move forward, that they will listen and that they will
hear our call for an end to these arbitrary
practices of this system.
For a righteous cause… And may history
be made.
Ramon Dominguez

Future Candidate for SHU or IMU?
My name is Dylan and I have been
locked up not only physically but also mentally since the age of 8 years old. I was sent
to foster care when I was 8 – that’s when
my behaviors made a dramatic change. I
was a very abusive person. I used to get
into a lot of fights once I was a ward of
the state. I remember when I was in foster
care I would run away, go to my brother’s
foster home, and get him so we could run
away back to our house to see our parents.
It was very stressful for me and I became
a very dangerous person. I got locked up
for assaults, run aways, theft, and home invasions. I eventually got sent up or did a
lengthy amount of time in a juvenile prison
at the age of 12.
When I was released, I was back in the
state’s hands and resorting back to my old
ways. While I was incarcerated I didn’t really do anything that helped me when I was
released. I was in school but that didn’t help
m change my behaviors – in fact, I think
it made them worse because I am around
more people that did the same things as me
– so I was still fighting and stealing things.
4

So you see, this place is of no
benefit to me and other juvenile
offenders. The only thing that is
helping is the educational opportunities which JRA is not providing – the Chehalis school district
are the ones providing the educational and vocational trainings,
which in a way are not so helpful
because they give us the easiest
stuff to graduate. Pretty much
everyone is on an individualized
education plan.
But anyway, like I was saying, these staff
are really useless. If you heard the things
they say and saw the things they do you
would be surprised how they still work
here. These staff aren’t at all the good,
easygoing treatment providers their community portrays them to be. These staff
sexually harass us daily by saying things
like, “now here comes the fun part,” or “it’s
not the smallest one I’ve seen” while doing
strip searches or UAs on us. Some times
they will even physically sexually harass
us. There have been numerous occasions
where the certain staff will bend over, look
back at his own ass, and smile at us mischievously.
Tell me - how we are supposed to enter
an environment to change our ways when
the staff aren’t helping us, only making our
situations and circumstances worse?!
Dylan Webb, An inmate at Green Hill
School, Chehalis WA

LETTERS

LETTERS

The way I see it, it actually put me in an
environment that was even worse than the
one I was in while I was in the community.
So after I was back home in the state’s
custody I got locked back up at the age of
15. I got sent to another juvenile facility
in Chehalis, WA called Green Hill School
where I am currently residing, doing 4 ½
years. So, obviously, my first time being incarcerated didn’t help but I thought about it
when I first got here at GHS. I thought that
it was my own fault for not trying to help
myself. This time I was more motivated to
get all the help I could because when I got
out I would be 19 turning 20, and I would
go to DOC if I got into any trouble with
the law. So I got my high school diploma
which was one of the things that I knew
was going to make a major impact in my
life upon my release.
The next thing I wanted to do was get
into as many treatment groups as I could in
the 4 ½ years that I would be here. So I got
into ART – or anger management therapy.
While I was in it I thought it was kinda
dumb, because everything they taught you
was basically that it’s all your fault no matter what happens in any situation because
“it takes two to tango.” If you ever got into
a problematic situation with staff, it’s also
your fault, even if the staff is the real one at
fault. Either way you are bound to get into
trouble no matter what happens. These staff
that work here, well, at least most, which is
about 80% of them, have a mindset of “the
staff are always right, even when wrong.”
We are a bunch of convicts, so we are never
going to tell the truth or do the right thing
– at least that’s the way these staff see us
as a whole.
I was just in a DBT skills group, which
teaches the same things as ART. “You are
always going to be the one at fault.” Well
anyways, right when I got in they were talking about how we need to know these skills
so we can pass a test to get more privileges.
That might not make sense to you as the
reader but maybe this will. These groups
should designed to help you learn how to
put them to use so when you do get released
you can understand what you need to do in
any given situation, but no, they want you
to study these skills for tests to get more
privileges. These “treatment” groups aren’t
helping anyone to do better. Its really stupid and I really think these staff are stupid
because obviously if they wanted us to do
good in the community one we are released
they would provide adequate treatment.

First Oregon Prisoner Punished for
CA Hunger/Work Strikes
How’s this for an eye opener. I have recently been informed about the ongoing efforts of the prisoners in California to stand
together in peaceful protest against solitary confinement and the End of Hostilities Agreement. It is this type of unity and
personal solidarity that has the power to
change the mentality and raise the awareness of the outside community as to the
conditions we are subjected to, often under
vague pretenses.
It is after being inspired by the actions
taken and the call to unity in peaceful protest across state lines that I decided to personally educate and inform others I know
within the Oregon DOC about the up-coming opportunity for us to demonstrate our
support for ending the long-term placement
in solitary confinement.
I am housed in the Oregon IMU [Intensive Management Unit or SHU] and have
Rock!

been for a long time. Recently I completed
my transition packet for release from IMU
to the mainline the following week. Well,
when my time came, the Special Investigations Inspector [name omitted] and STM
Captain [name omitted] reversed my release to GP and reassigned me to and isolation cell in solitary confinement indefinitely. This was simply for expressing my
admiration for the dedication, sacrifice, and
unity of you guys in California kennels.
It was simply because I mentioned in a
letter that the hunger strikes and work stoppages in California was taking place that I
was written up for and found guilty of both
unauthorized organization and creating a
disturbance so they could justify this indefinite placement. This overly aggressive action has only served to steal my resolve and
strengthen my commitment to the struggle
and inspire me to expose them for what
they really are—oppressors!
David Carr 11818286
777 Stanton Blvd.
Ontario, OR 97924
Letter from CCWF
Please excuse the delay in writing. Not
only am I committed to the hunger strike
movement, I also have to file grievances on
all the corruption going on in this place.
I must say my spirits were lifted when I
received the PHSS Newsletter consisting of
the many updates. I am also aware of how
some prisons have not been allowing Rock
or Prison Focus to reach in to the prisons.
Luckily I’ve been able to receive mine. I
was a bit thrown off by the issue of Rock
that said it was “watered down” in an effort of avoid censorship. I am wondering
how the progress of getting the newsletters
into the prisons without being snatched by
those who oppress us. This foolishness,
along with the other violations of our constitutional right to freedom of speech is a
slap in the fact to the constitution.
I see how a lot was omitted in the last
Rock issue that was in reference to our
struggles. CDCR is on the attack, they
know that we are committed to the upcoming events. We in solidarity bring awareness not only to us directly affected by CDCR’s corruptness, but also to the families
and public that read this newsletter in order
to stay informed about their loved ones on
the inside. I am dumbfounded by the reasons our oppressors have stated in order
to justify censoring our articles. The terms
“safety and security” is used out of context,
when their real agenda is to shut us up.
Volume 2, Number 7

We will continue to get the word out and
we will continue to unite in peace, expressing our views and exposing CDCR for it
really is. For years we prisoners have been
subjected to the wantonness of the system,
and to those who think some of them green
suits are “cool” remember they are the very
ones who vote to keep us in these degrading torturous conditions. Draw the line. We
have to step up in order to prevail. I truly
hope to see our newsletter reach beyond
the bricks and that our Reps and supporters
freely be allowed to express our views.
Diane Mirabal, CCWF
A/K/A Spider, San Jose
[Ed’s Response: The only censorship
was at Pelican Bay. There were two watered down issues of Rock before word
reached me from Pelican Bay to ignore the
censors there. My job with Rock, and that
of Prison Focus and the PHSS News, is
simply to amplify the voices of those of you
on the inside—the voiceless. The enemies
of democracy and the lovers of slavery will
seek to shut you up, but so long as we out
here are able we’ll do our best to transmit
your collective voice.]

OVERCOMING
PRISON OFFICIALS’
OBSTRUCTION OF
GRIEVANCE FILING

F

or the last two years prison officials
at Pelican Bay State Prison have
taken a blatantly adversarial and
obstructionist approach to the processing
of prisoners’ grievances (inmate appeals).
Staff assigned to the Inmate Appeals Office, with the support of the Warden and
CDCR headquarters, have been rejecting
a staggering amount of inmate appeals.
Many inmates complain that fifty to sixty
percent of their grievances are being rejected for a variety of petty reasons, most
of which are pretextual.
A favorite tactic of the Inmate Appeals
Office is to reject the inmate appeal claiming the inmate failed to attach ‘supporting
documentation’, even when no such documentation exists. For example, one inmate
submitted a grievance alleging he was assaulted by a guard. Although the guard did
not report the use of force, the grievance
was rejected for failing to attach non-existent documentation showing the assault

took place. The prisoner’s description of
the incident was not considered evidence
by Pelican Bay officials.
Another tactic employed by Pelican Bay
officials to conceal staff misconduct is the
refusal to process prisoners’ grievances as
‘staff complaints’.
Prisoners have a right to have their grievances processed as a staff complaint when
it involves unprofessional, irresponsible
or unethical staff behavior, see California
Code of Regulations, Title 15 (“CCR”) sections
3084.9 (i) and 3391 (a). Pelican Bay
rejects these staff complaints so the grievance will not be placed in the personnel file
of the accused staff member as required by
Penal Code section 832.5. This prevents
discovery of the staff member’s involvement in similar misconduct.
The Inmate Appeals Office has also created an illegal defacto informal appeal
process in which inmates’ grievances are
rejected for failing to pursue informal remedies such as utilizing the CDCR 22 Form
‘Request for Interview’ process. Obtaining
responses from prison officials through a
Request for Interview can take weeks or
months substantially delaying the filing of
the inmate appeal or guaranteeing the appeal will not be submitted within time limits (30 days). This practice constitutes an
abuse of authority as CDCR amended its
inmate appeal regulations in 2011 to eliminate the requirement that inmates must pursue informal remedies.
Prisoners confronted with such obstruction should keep in mind, the goal of such
practices is to: (1) impede the filing of
grievances and conceal staff misconduct;
(2) discourage inmates from filing grievances and (3) make it easier for CDCR to
have prisoners’ lawsuits and other legal
actions thrown out of court for failure to
exhaust administrative remedies. Both
state and federal courts require prisoners
to exhaust grievances through all available
levels.
While such abuse of authority can be
frustrating and discouraging, such abuse
can only exist to the extent prisoners allow
it. The struggle for us prisoners to be treated humanely is an ongoing endeavor that
requires patience and firm resolve. Transform any frustration into constructive action. Steel yourself to not be deterred from
documenting staff misconduct and abuses
of authority. Eventually the weight of our
combined efforts in the face of adversity
Overcoming ........... Continued on page 10
5

CORCORAN SHU STAFF TOLD TO IGNORE LEGAL MANDATE
TO PROTECT LIVES OF HUNGER STRIKERS
By J. Heshima Denham, (Reprinted from
April 22nd issue of the S.F. Bay View
Newspaper)
n Monday, April 8, they ran no yard
on the 4B Facility in the Corcoran
SHU (Security Housing Unit). We
of course investigated as to why we were,
yet again, denied yard access without explanation and discovered staff had all gone
to some sort of “training.”
By chance, or design, one of the NCTTCor-SHU coordinators was under escort
by two officers who, by happenstance or
design, began discussing the nature of this
training that would take another two days
of additional training to complete:
In preparation for the July 8 peaceful
protest action (hunger strike, work stoppage etc.), Corcoran SHU administrators
are directing staff to dispense with California law and state procedures and policy
regarding mass hunger strikes and instead
institute a policy designed to raise the potential for maximum casualties (deaths)
amongst prisoner participants, while negating the existence of input data or any health
care services monitoring information.
DCR staff at Corcoran have been directed that there will be no weigh-ins, blood
pressure checks or other medical monitoring of hunger strike participants for the
duration of the July 8 peaceful protest. Instead, a single officer will be given a video
camera to “monitor” participants every few
days or so.
The facility will be locked down, a state
of emergency enacted and all yard, visits
and medical ducats will be suspended. No
one will leave the cells. No medical intervention of any kind, including health care
services, daily nursing observations and
weekly primary care provider evaluations
as mandated by California Correctional
Health Care Services Policy Manual Inmate Medical Services Policies and Procedures (IMSP&P) Volume 4, Chapter
22.2, will be allowed. [That chapter, “Mass
Organized Hunger Strike,” can be read at
http://www.cphcs.ca.gov/docs/imspp/IMSPP-v04-ch22.2.pdf.]
Once a participant loses consciousness,
if he is discovered by staff before he expires (dies), he will then receive medical
intervention in the form of force feeding
(physician’s order for life sustaining treat-

O

6

ment). Once this occurs the participant will
be considered no longer on “hunger strike.”
[Editor’s note: According to the IMSP&P
hunger strike regulations cited above, health
care staff “shall not force feed” a prisoner
unless he refuses to say whether he wants
to be force fed or is unable to give informed
consent. In addition, forced feeding “shall
not take place except in a licensed health
care facility by licensed clinical staff.” The
regulations contradict all the “training” the
officers described.]
Many of you may see the obvious contradiction in prison staff being trained by
Warden Gipson to intentionally violate the
law and health care policy, with the complicity of prison doctors, nurses and technicians, to intentionally jeopardize the lives
of peaceful protestors.
But what’s not obvious, and in our opinion most insidious, by willfully preventing
input data to even be collected, eliminating
visits and confining any proof of the hunger strike to correctional officer videography, CDCR can control the narrative completely.
With plausible deniability pre-structured,
this approach allows CDCR to under-report
actual hunger strike participant numbers,
claim those on hunger strike are actually
eating by recording on video non-participants who are eating, releasing the videos
to the press characterizing them as hunger
strikers who are not actually striking, and
do all of this while denying protestors access to mandated health care evaluation and
clinical monitoring, ensuring serious injury
or death befalls at least some protestors.
When it does, just like with Christian
Gomez, they can claim the victim was only
hunger striking a day or so and instead died
of a “pre-existing medical condition unrelated to the hunger strike.”
That this premeditated violation of their
own policy is both illegal and immoral is
a given, and in fact of secondary concern.
That they are doing so to maintain this domestic torture program, with all its inhumane and arbitrary components intact, at
the expense of your tax dollars, our minds,
bodies and very souls is what should outrage us all.
Our cause is a righteous cause, our
peaceful protest to realize the Five Core
Demands just and fair. We cannot allow the

state to undermine the purpose and impact
of these sacrifices.
We are prepared to die to end great injustice. Should we not be allowed the dignity of these sacrifices being accorded the
state’s policy and our opposition acting
within the guidelines of their own law?
Criminals are defined not by what they
are called, but by what they do. Who are
the criminals in this case? The answer is as
obvious as the question. All that’s left to be
decided is if you will stand idly by as this
crime is committed. ●
A luta continua.
Below, quote from portions of a letter by
an attorney on behalf of the SF Bay View
newspaper to Warden Luis at Pelican Bay
State Prison:
e also find it interesting that the
letters explaining the disallowance that went directly to the
Bay View newspaper focused not on gang
activity, but on your claim that the newspaper is contraband according to 15 CCR
§ 3006, and disturbing correspondence
according to 15 CCR § 3135. Neither of
these claims is true. A hunger strike is not
a plan to disrupt the order or security of the
facility, as defined by law. Prisoners retain
the right to make health care decisions on
their own behalf, even while incarcerated,
unless they lack sufficient mental capacity. The decision of a prisoner not to eat
is a medical decision as understood by the
probate code. See In re Conservatorship
of Burton, 170 Cal. App. 4th 1016 (2009)
and Thor v. Superior Court, 5 Cal. 4th 725
(1993). Since mentally competent prisoners have the right to not eat, reporting on
the collective decision to exercise this right
cannot “disrupt the order” of a facility, just
like the collective exercise of other rights
(such as filing grievance petitions) does not
disrupt the order of the facility.
Since the paper neither facilitates gang
activity nor disrupts the order of the facility, there is no legitimate penological interest in suppressing the newspaper’s rights to
distribute to its subscribers. Instead, what
you are doing is trampling on core political speech, in violation of the first amendment of the United States Constitution. See
Turner v. Safley, 482 U.S. 78 (1987), and
Hrdlicka v. Reniff, 631 F.3d 1044 (2011). ●

W

Rock!

GREEN HILL
JUVENILE JOINT
DEMANDS
1. BAN THE BOX: Stop branding felons as criminals for life. Stop discrimination against felons for Pell Grants, food
stamps, welfare, public housing, or job
applications. If the box on job applications
denies us real work, how can we make
money legally?
2. TREATMENT PROGRAMS: Bring
sex offender treatment back to JRA/DOC
beyond the ART/DBT programs. Make a
reduction to sex offender treatment payments on parole to affordable prices. This
applies as well to drug and alcohol treatment payments.
3. EDUCATION: Provide relevant and
specialized educational programs to all residents even after they have graduated from
High School. These could include cosmetology, music/multimedia production,
library access, law training, culinary arts,
and more. There are plenty of rooms that
are currently not being used for anything
but storage. They should be used.
4. LEGAL ACCESS: Access to updated legal material, updated each year. This
should include:
• A well-stocked law library in the school
available to all, updated regularly.
• Books and resources available at anytime
• Access to internet sites with relevant legal material available at all times
• Access to resources detailing available
legal counsel
• Copies of JRA/DOC employee policy
handbooks in every single wing for
residents to read. These must be updated
each year.
5. WAGES: All residents must be paid
minimum wage for all positions. Residents should be free to organize their jobs
without punishment. New jobs should be
created that provide real technical training. Change the 13th amendment allowing
prison slavery!
5. TRANSITIONAL HELP: Provide free clothing upon exiting any facility (DOC/JRA). These clothes must be
brand new. We need guaranteed housing 3
months before leaving a facility. JRA and
DOC need to help provide jobs or training
to every exiting resident and help provide
treatment programs. This needs to extend
to parolees.
Volume 2, Number 7

6. PHONE CALLS & VISITATION:
Increase time limit for calls to 15 minutes.
These phones must be fixed and functional.
Visitation and phone calls should be available for more than just family and mentors.
7. HEALTH: Surgeries must be provided by JRA and DOC immediately even
if not an emergency situation. If a surgery
is needed, it must be provided in at most
3 months’ time. Showers must be available
each day. If parents can provide aids such
as glasses they should be allowed inside instead of relying on state supplies.
8. FOOD: Residents should have input
on the menu within reason. Current portions need to be doubled as they are currently too small. Religious and vegetarian/
vegan diets must be respected.
9. SPENDING PRIVILEGES: Food
and hygiene materials must be more readily
available from outside of the facility. The
current limits on how much we can spend
are too small, and should be expanded to
over $40.
10. FREEDOM OF SPEECH: The
1st amendment must be respected in JRA/
DOC facilities. We have a right to speak
our mind and express ourselves with whatever language we choose as long it does not
threaten others. We must also be free to organize without punishment. ●
[Editor’s Note: Green Hill is a juvenile
prison in Washington State. The prisoners
there have just had one hunger strike and
will be initiating another on July 8th.]

GUANTANAMO:
FEAR & HUNGER
By Mumia Abu-Jamal
he word Guantanamo has become a
watchword for the world.
It is a temple of stated terror, of
Imperial fear and American hypocrisy.
Since 2002, it has been transformed from
a US Naval Base on Cuban soil (against the
wishes of the Cuban government, it must
be said), to a global torture chamber and an
interrogation center.

T

Today, 166 men remain languishing there – with dozens on a hunger strike – an
act of sheer desperation
after a decade in Guantanamo without charges.
Opened under Bush/Cheney and maintained under Obama, it has been a detention
center designed for perpetual detention – to
hundreds of men – and boys.
An international outcry forced the government to release over 500 men back to
half a dozen countries.
Today, 166 men remain languishing
there – with dozens on a hunger strike – an
act of sheer desperation after a decade in
Guantanamo without charges.
Eighty-six men have been cleared for release but remain in chains – years later.
President Barack Obama campaigned
on Guantanamo’s promised closure, but 5
years later, and it remains. In the last few
months the Obama administration began
seizing family letters and photos – the only
connection to their loved ones as they can’t
receive family visitors.
In desperation, dozens of men have
launched the hunger strike – a desperate
measure for a desperate situation.
The government’s response? To lower
cell temperatures – and to force-feed them
– by stuffing a filthy tube down their throats
to fill aching stomachs.
Thus, they are torturing men by forcefeeding them, so that they can live in the
torture of indefinite detention.
America boasts to the world of its human
rights – and its “values” – but the world
can’t hear them over the cries and moans of
the Guantanamo detainees.
Demand that Guantanamo be closed immediately.
Free the Guantanamo detainees and return them to their home countries. ●
7

EDITORIAL 2-7
The Lay of the Law
n my day I was a decent jailhouse
lawyer. I won two cases in the United States Supreme Court, broke new
ground around prisoner rights issues, and
earned the release of a substantial number
of prisoners on post-conviction relief petitions. I even had a federal judge come to
the prison to try a case I filed against the
paucity of law books in the prison law library. The annex to the visiting room was
turned into a federal courtroom where the
trial was held. I had two other jailhouse
lawyers assisting me at trial. We won that
case. In fact, I rarely filed a law suit I did
not win. Which brings me to the present
day situation.
The censorship lawsuit against Pelican
Bay prison officials has been drafted, sent
inside for corrections, and rewritten again.
Prisoner victims of the banning of last issue of Prison Focus at the PBSP SHU have
filed their 602s, appealed them all the way
to the third and final level, thus exhausting all available administrative remedies.
The litigation is ready to be filed in federal
court, except for one final step—fully understanding the applicable law.
When I was a jailhouse lawyer Procunier
v. Martinez - 416 U.S. 396 (1974) was the
law of the land when it came to prison censorship. The Procunier court held that restrictions on the right to free speech of both
prisoners and their correspondents, is justified if the following criteria are met: (1) it
must further one or more of the important
and substantial governmental interests of
security, order, and the rehabilitation of inmates, and (2) it must be no greater than
is necessary to further the legitimate governmental interest involved. (Pp. 416 U. S.
404-414)

I

Labor unions in the U.S.
learned this lesson back
in the 1930s. At the time
it was against the law
for workers to organize
into unions, they called it
criminal syndicalism...
Procunier was decided during a high
point in the national prisoners’ movement.
You see, here’s how it works. The courts
act as a sort of social pressure relieve valve;
when there is an active movement making
demands on the state, rights are handed
down by the courts in an effort to defuse
8

the potential threat. When the movement
dies down, however, the rights are then
taken away. You can see this very clearly
in the case of the struggle of prisoners for
their rights. In short, it is only the existence
of an active movement for change that will
ensure enforcement of the rights of prisoners—not the mere promises of prisoncrats
nor the mood of the courts.

“...nothing in this law ...
shall be construed so as
either to interfere with or
impede or diminish in any
way the right to strike.”
After Procunier came Turner v. Safley,
482 U.S. 78 (1987), which effectively
gutted the burden prison officials had to
establish in order justify the denial of a
prisoner’s constitutional rights. Turner set
out four hurdles a prisoner must overcome
in order to establish a successful claim of
constitutional proportions. I won’t bore
you by detailing the four of them; suffice it
to say they are substantial barriers.
But it gets worse. The more recent decision in Beard v. Banks, 548 U.S. 521
(2006), in which U.S. Supreme Court upheld the constitutionality of the Pennsylvania Department of Corrections policy of
denying access to all written material such
as newspapers and magazines, to violent
(read SHU) inmates. The court essentially
held that the policy was not a violation of
First Amendment rights, including freedom of speech, because the plaintiff was
housed in the Long Term Segregation Unit
(LTSU) to segregate a small number of its
most violent and unmanageable inmates.
The defendants claimed that the total ban
of all publications was to further their behavior modification program and was thus
“reasonably related to legitimate penological interests.” The court agreed. I’m sure
you can see the parallel between the LTSU
and the SHU (or for you people in Washington and Oregon, the IMU).
There is a lesson here, and that is if the
rights of prisoners are to be expanded it
will require a strong and united national
prisoners’ movement. Prisoners will have
to organize a peaceful struggle to abolish
state sanctioned slavery and the democratic
rights guaranteed to all citizens, including
the right to vote. Those are the two big issues around which everyone can unite;
the smaller issues are conditions of confinement, which will vary from prison to
prison. When such a movement exists, the

courts will listen. Until we are united we
are nothing but dust in the wind.
Today I received a letter from a prisoner
in the Washington State Penitentiary. Enclosed with that letter was an article listing
what the legislature of that state could do
reduce prison costs. He wanted me to print
the article in Rock. His suggestions for
change were all valid. Yet I will not print
his article. Why? Because it is not through
begging the legislature, the courts, or the
executive branches that will bring about
constructive change.
For those who want to keep inventing
the wheel, look at the hundreds of years of
steady failure in this regard. This long history of failure should clearly demonstrate
the futility of merely asking the state to do
the right thing. Rather, it will come from
the organized strength of prisoners. The
prisons cannot function without the labor
of prisoners. Prisoners have the power;
they need only develop the unity necessary
to exercise it. As Fredrick Douglas pointed
out, “Power concedes nothing without demand, it never has and it never will.”
Labor unions in the U.S. learned this lesson back in the 1930s. At the time it was
against the law for workers to organize
into unions, they called it criminal syndicalism or some such thing. Yet workers
went ahead and organized themselves anyway, and in doing so won the eight hour
day, paid vacations, etc. Yes, in subsequent
years they’ve become lazy and corrupt,
and ended up sleeping in the same bed with
management. But that does not detract
from those early years of progress.
The struggle waged by prisoners is somewhat different. It must be totally peaceful.
Anyone who says otherwise is knowingly
or unknowingly serving the interests of the
state. The object is to win. And protracted
peaceful struggle is the only path available
to prisoners to achieve that victory.
The Universal Declaration of Human
Rights, a treaty the constitution says is the
“law of the land”, proclaims that all humans have the inherent right to freedom
from slavery, forced labor, torture, cruel,
inhuman or degrading treatment and to be
recognized as a person before the law. In
the National Labor Relations Act (NLRA);
29 U.S.C. §§ 151-169, Congress thought
it important to repeat in Section 13 that
nothing in the law “except as specifically
provided for herein, shall be construed so
as either to interfere with or impede or diminish in any way the right to strike.” You
have the right. It need only be exercised. ●
Rock!

ON UNITY OF PURPOSE WITHIN THE PROTEST MOVEMENT
“A Small Body of Determined Spirits Fired
by an Unquenchable Faith in Their Mission
Can Alter The Course of History”
Gandhi
Greetings Brothers and Sisters,
istory teaches us that unity is
strength; that the collective will of
a people expressed toward a common goal often results in that goal being
realized. This should indicate to us all the
vital nature of preserving unity of purpose
within the protest movement, and within
the movement to abolish domestic torture
units in particular (solitary confinement
units, SHUs, super-maxes, etc). Protest
movements in the U.S. are often formed
out of necessity because the U.S. state and
the oppressive, exploitive methods it uses
against the people who stand in opposition
to, are one and the same, sharing a mutual
interest in repressing a specific segment of
society or reaping some material benefit
from their exploitation. In the case of indefinite sensory deprivation confinement
and mass incarceration in general, we find
both an oppressive and exploitive dynamic.
The unemployed area, a necessary component of surplus labor value expropriation
in the U.S. capitalist arrangement (wage
slave system) is key to a process we can
call underdevelopment. In the U.S. such
underdevelopment is targeted and contained, for the most part, in poor and minority communities, where no viable place
in the mainstream economy is available
to these segments of the population. They
must resort to the underground economy to
survive. These survival activities, be they
service based (narcotics, prostitution, illegal gambling, etc), or predatory (robbery,
extortion, identity theft, etc) are all “against
the law.” Exposing those forced into the
underground economy to imprisonment
being the predatory capitalist state that the
U.S. is, corporate and political interests
from across the industrial spectrum, saw an
opportunity in this, reminiscent of the old
southern prison bond system, only in this
case it was not the profit that could be made
from exploiting prisoner labor, but the
profit that could be made from each prisoner representing a portion of the publics’
tax dollars which could be expropriated
(taken) by a new joint venture of industry
and labor aristocracy (prison guard unions
and administrators) on an ever-expanding
industrial scale.
With the cooperation of the politicians,

H

Volume 2, Number 7

who overnight created a new and powerful
constituency which only required them to
parrot the ‘tough on crime’ rhetoric to harness such powerful lobbying and polling
resources, law enforcement and judiciaries
who would, of course, see an expansion of
power and privilege of their own, as legislators enacted ever more intrusive laws
broadening the net and widening the gavel
for potential citizens daily lives to be intruded upon by the ‘rule of law’ - and more
of their tax dollars. The prison industrial
complex was born, forming a sixty four billion dollar oligarchy of corporations, and
the state that tendrils extend well beyond
that meager dollar amount annually.
As the U.S. became the most populous
prison population on earth, those subjected
to those contradictions, prisoners, resisted,
some becoming advanced socio-economic
and political activists, who sought to actively resist the social evil of the P.I.C. The
state and its corporate masters saw no distinction between these and other groups of
prisoners that formed within these environments, and when pitting them against each
other did not work the concept of the supermax was born, a place where those who
would not submit to the prescribed role of
oppressed man would be sent to, subjected to, experimental psychological torture
techniques until they “paroled, debriefed or
died.” These units were even more lucrative than the expanded prison yards sprouting up like mushrooms across the rural
areas of the nation, their very concept and
purpose requiring a more robust infusion
of tax payer dollars, and giving rise to an
interest to manufacture the fantasy of the
“worst of the worst,” while simultaneously
media access and independent oversight,
but capitalism, with its imperative of “unending growth” is, as always, unsustainable, and the prison industrial complex is
no different.
As contradictions of its own explosive
expansion collided with the limits of U.S.
socio-economic capacity, the prospect of
eternal damnation in these torture units finally burned away the miasma of disunity
affecting the thousands of men and women
consigned to these torture units, leaving
only their mutual interests behind. Finding its organizational expression within
the Pelican Bay D-Short Corridor collective and its unity of purpose in the historic
“Agreement To End Hostilities” the movement to these torture units which began so

many years ago when the U.S. government
replaced Alcatraz with Marion, has not
reached its highest form with this national
coalition.
But, as most may realize, the unity of our
coalition and thus its’ very purpose is under
constant assault, everything from political immaturity to cointelpro-style attacks,
challenge our resolve every day. As such,
we feel it important to have a discussion
about the most fundamental aspects of unity and how adhering to them will not only
preserve our purpose, but ensure our circuit. Unity is based on dialogue and commitment; dialogue which is egalitarian and
open in its inclusion, yet productive and efficient in its outcome. We should dialogue
regularly at all levels around those points
which we seek to unify on and from that
common ground, commit to those actions
and ideas which will most effectively realize our purpose.
Unity does not require uniformity. Coalition building is all about people from
different walks of life, politically, socially,
sexually, culturally, economically, educationally and geographically coming together to realize a shared value. In this case, the
very basic human right that we should all
be allowed is to live free of torture. Unity is
a broad enough concept to encompass differing opinions and perspectives without
it fracturing into a factualism which can
be exploited by our collective opposition.
This is why dialogue is such a vital component of unity. The views and perspective of
those we are waging struggle with are important, and bilateral communication is the
cornerstone of conflict resolution. If unity
is based on its purpose, it will be difficult
to encounter a dispute which cannot be resolved through dialogue. Commitment to
a course of action, and to one another, is
often as powerful as the unity itself.
Power concedes nothing without demand
and actively seeks to destroy opposition to
its authoritarian dictates. Commitment to
remain unified is a form of unilateral political discourse all its own, which demands
that he oppressive power bend - or break.
As July 8th approaches and principled
people across this nation and abroad prepare to take up this struggle with us, we
should all be comforted by the victorious
win underlying our unity of purpose. As
we speak, hunger strikes in Guantanamo
Bay have gripped international attention,
yet right here on U.S. shores, over 80,000
9

men, women and yes children, are languishing in identical conditions, in SHUs,
supermaxs and Ad Seg units, from Pelican
Bay, Corcoran and Tehachapi to ADX and
Oregon State Prison - solitary confinement.
There is only one force which has any
hope of abolishing this inhumanity in the
U.S. once and for all: The Unity of Purpose
of Principled People Like You and Us.
Be amazed and inspired! ●
N.C.T.T. - COR-SHU
Michael Zaharibu Dorrough D83611
4B-1L-43, PO Box 3481, COR CA
93212
Kambui RobinsonC82830
4B-1L-49, PO Box 3481 COR CA
93212
J. Jeshima DenhamJ38283
4B-1L-43 PO Box 3481 COR CA
93212
Jabari ScottH30536
4B-1L-49, PO Box 3481 COR CA
93212

Overcoming ......... Continued from page 5
will result in the exposure and rectification
of such abuses and corruption.
Here are a few examples for dealing with
obstruction in the filing of inmate appeals.
One: Thoroughly familiarize yourself
with inmate appeal regulations (i.e.
CCR, sec. 3084).
Two: Utilize a neutral, professional tone
in your appeal and responses, especially if
it could be a court exhibit one day.
Three: Do utilize the CDCR 22 Inmate
Request for Interview process. It is not often you will get an opportunity to document
the involved staff member’s response.
Four: Follow all Inmate Appeals Office
instructions to the best of your ability even
if you disagree with them. If you are unable to comply with the instructions explain why.
Five: If your grievance is canceled, submit a grievance on the cancelation.
If appropriate, you may wish to point out
any arbitrariness or other improprieties in-

volved in the rejection of your appeal.
Six: If the obstruction continues, consider writing letters of complaint to appropriate state law makers informing them the
prison is refusing to process your inmate
appeals. Include your appeal log number
and ask for an investigation. Keep your letter brief and to the point. Long letters are
not read by busy people.
Seven: Write letters of complaint to the
CDCR Secretary and Director and to the
California Inspector General’s office.
Eight: Ask your outside supporters to
also write the afore-mentioned officials. If
the abuse is blatant, ask your supporters to
file a citizen’s complaint with CDCR’s Internal Affairs Unit especially if there is a
pattern of rejection or your staff complaints
are not being processed.
These counter measures will eventually
bear fruit, especially when multiple prisoners take action. In Unity We Prevail. ●
Respectfully,
Legal Eagle & Associates

Ed Mead, Publisher
Rock Newsletter
P.O. Box 47439
Seattle, WA 98146

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