Quantcast
Channel: Minutes Before Six
Viewing all 380 articles
Browse latest View live

The Black Sheep

$
0
0
By Miguel Angel Paredes

To read Miguel's previous entry, click here

This is a subject I have been postponing for a long time.  Many times I have been motivated and encouraged to write something to help our youth, using my experiences I have lived in this world, to try and help our youth not to end up in the situation I find myself in or even getting lost to the ever-growing world of gangs and crime.  I did have much to say, as having analyzed my whole life through my own eyes as a youth and into manhood, I can see and pin-point all the things I, from my end, could see could have been done different.  Yet, as I began to start writing more in depth, formulating something as a guide to parents for troubled youth, I was unable to move forward as I had not been able to live the role of a parent that much, and my own son was in dire need of the very guidance I was willing to give to others, yet was unable to provide for my own son, I wanted to believe that by reaching other youths as I would my own son, my own son would run into someone who could give him that love and guidance.  Yet in the back of my mind existed a plain truth: that if I could not apply it with my own son and see it work, the evidence was plain that it was useless, and it would be in vain - something that seemed good, sounded good and maybe received a lot of applause, and yet I would know it was no more than a hollowed-out appearance, so I had to leave it alone, regardless of how sincere and willing I was to try to help parents with their kids whom did not respond to the ways most people do to discipline and guidance from adult figures/parents in their lives.

I am the youngest of 20 children - all from the same parents.  Seven, I never knew as they passed away before I was born.  All my brothers live a life that is very different to mine.  You can say I was the Black Sheep of the family.  My parents were very old fashioned, the kind that instruct you and discipline you to live a law-abiding decent life: You marry and stay married for the rest of your lives to that very same person.  I was raised with the same strict rules my brothers were raised with and punished for my wrong-doing and rebellion, yet I became everything they stood contrary to.   Now my life is very different, and now I even try to help my own brothers to love each other and grow closer to each other, to heal their own emotional wounds and try to be of support in what I am able to.  Many people have now witnessed what I have become by the grace of God, whom I drew near to in order to find the guidance I needed and have been blessed with all I now have in my life and what I have become.  Yet I still lacked the experience of being in the parents´/ guardians shoes.  While dwelling in the things I needed to be able to serve God´s calling, I found a requirement in the letter of 1 Timothy, which pretty much says I must be able to manage my own household before being able to manage God´s, stating that if I couldn´t manage my own household, how could I care for God´s church.  This opened the door to look at everyone, not only the persons I grew up with or myself, but to look everywhere, and find understanding.  I once met a young man whose father was a pastor.  Yet he was here on Death Row, and for that reason his congregation prevented him from pastoring.  I thought it was unfair as his son was not a young man, but a grown man, and therefore he couldn´t be held accountable for his actions or beliefs.  Every time I met people, I looked at how they were raised, and their background, and even with the people from the outside, I wanted to know more and more, especially those raised by fellow Christians.  Here on death row I came across more men whose parents were ministers, and some more pastors, and it puzzled me how one is able to move/touch and guide a whole congregation but their children, who became men ended up here.  So I saw it was far more common than I previously realized.  It saddened me to hear the harsh punishments they were given as discipline, some even having the scars to show.  I also heard from someone dear to me the way a relative was disciplined by his minister father.  Honestly, at first I was mad and disappointed with all that, especially since it did not bare the intended results, but rather separated and ripped the bond between father and son.  I sought more insight and was told it is sad, and at times it is said “Hijo de Pastor lo Peor/Son of Pastor is the Worst”.  It worried me that one day my son would fit that branding, and I was told a pastor has it very difficult as he has to answer to his congregation, and the children are more exposed.  I began to see the desperation that drove the corporal punishment or disciplinary methods, and even how we forget that who we serve is our Lord and are accountable to him in first place.  I don´t believe in forced discipline because regardless of the amount of force or discipline tried on me I still ended up here and didn´t too much care about its burdens or the damage they could inflict upon me.  I also know though, that if we allow a child to do as he pleases, and especially in this world now a days – with its many challenges and temptations, we allow them to walk to their very deaths: emotional or physical deaths.  

Lately I have been given the opportunity to be a father figure to my son, more hands on, than the yearly or so visits we once had.  Since he was a child, I have explained to him the raw realities of the criminal life and all the reasons why not to do the bad things I once did, and many more reasons why he should do the good fruitful things that will bring him love and happiness for him and his loved ones.  I have apologized to him about not being there for him as he wished, as he yearns and for all the pain he feels for me.  Yet the bad reports seemed to come around more often than anything else.  I have tried for my family to be there for him.  They finally allowed him a place to stay and set rules he must go by, yet it wasn´t long before I got some more reports about him, and this time very serious ones, to a degree I totally feel strongly against.  I was very disappointed, anger, hurt, ashamed, and desperate.  I wanted him to answer for his actions, and it all made sense from what was said, and it hurt me that he was wasting his life and all the opportunities that only came by after much struggle.  I wanted to unleash myself in anger, a way that I have only twice gotten after him.  In these visits I have tried to tell him more things so he could use them in the future as I didn´t know if I would see him again.  When I visited with him some weeks ago I confronted him and felt I needed to open up all I felt and ripped my own heart so he could feel me.  He had told me he no longer felt emotions.  It scared me and worried me, as I remember when I felt that way.  I knew something HAD to be done.  But what?  My family members had their firm opinions and worries as well, and solutions that had obviously not been working on my son or myself, and I myself as a parent was falling into the line of thinking, yet I needed to be willing and honest.  What was left?  To rip my heart and reveal everything to him, even the things I had been trying to protect him from knowing.  In this visit my heart ripped and I said all I had to say.  My son answered and I investigated with my relatives on the spot, neither having time to realize why I was asking the questions.  All this time our eyes met and pierced into our very souls.  There was a moment where I could only see his eyes, eyebrows and around his eyes in detail.  All the people in the visitation room blurred out.  It was like looking into a mirror, seeing my own eyes.  The tears flowed, the pain showed, the love was felt, and it was as if we shed the same tears with the same eyes.  I connected so much deeper and felt my son in a very magical way.  I told him the hardest truths of his life, of my life and circumstances.  I felt his pain and he felt mine.  We have shed tears on previous occasions when he was smaller and he learned I was on death row, this time knowing an execution date hangs over me, knowing that I would do anything for his well-being, even risking my biggest legal opportunity.  He saw his hero broken by pain, whom he thought was an iron man, broken in sorrow, unable to keep an unbroken rhythm of speech, regardless of the many people around us.  This could be seen as something magical between father and son, to see another in this form of connection, but this is EMPATHY.  Without empathy we are not acting out of love, nor following love´s actions.  We follow everything else except love when there is no empathy.  This is what a computer or robot can never achieve – humanity´s biggest gift – “LOVE”.  Yet without empathy there is no possible way for love.  This visit in particular was full of it, and my son, for the first time in like six years, responded to me, “I love you”, when I told him I love him, as we were saying our good-byes for the time being, until the next visit.  My son left here able to know he is loved and that he does feel.  His heart was ripped open.  Now he can cleanse all the wounds that closed and petrified in so many years of no one tending to his emotional wounds, realizing he is not a robot, but a tender being who is hypersensitive and has emotional needs to grow a healthy life.  I learned that we make mistakes of judgment and are driven out of fear and desperation, more than love when we fail to connect with our loved one.  Once I analyzed the facts of the accusations I saw it was more evident that it was an attempt to put my son in danger, by people who did not even mention the required legal channels for such request of information or accusations. Once I heard my son´s words and they matched my own conclusions after analyzing the facts, I was very proud of how my son handled himself.  I say all of this so everyone will not be so quick to judge when the worry, fear and anger is bottled up without concerns for our loved one´s well-being.  Society will judge our loved ones when they make a mistake and they will house them in prisons or programs to punish their actions.  Some places are materially far better than the very housing my son or I have lived in, at previous times, and that many people are able to afford.  Yet it is not empathy that you find in these places.  So the key word here is EMPATHY.  Are we connecting with our children or our troubled youth? If not, the answer is not merely applying it on our loved one, but in us who are more experienced and are the paternal figure to find the reason of why we are not connecting.  Finding that answer will open the door to more than likely help and guide and heal our loved one.  This is why if I could not handle my own house, much less God´s church, because I would be unable to connect with my very blood who is flesh of my flesh, letting me know that if I am not able to do this, I would only be able to “PLEASE” a congregation, or people, and appear to be loving, but without loving, therefore falling out of the love I am called to live by, as the story goes of the shepherd who leaves the 99 sheep to go look for the lost one.  It would be a lot easier to remain in the safety and comfort of the 99 ones who remained in safety proximity and didn´t get out of sight, than to leave those and go look for the lost one.  God knowing where it is, or in what danger, or the very danger in trying to find and bring back to the fold and harmony with the rest. These lost sheep, these black sheep are our troubled youth and loved ones who do not respond to the methods the majority respond to.  It is our test of love if we go search and bring them to our loving fold, or we take a merchant´s stand in which one lost is a better option than risking leaving the 99 and losing them to a thief or what not, from the many fears that can overtake us.  If we manage to have empathy with the least of our brethren, much more with the ones that have more surplus than needs, we will sincerely be in tune with love.  Before anything we must look deep into ourselves and see if we feel and have that EMPATHY, and if we have put that love to practice, or are merely reacting out of fear, anger, concern and judgment.  It is said perfect love casts out fear.  These things we must inspect in ourselves before we inspect the next person, especially those dearer to us, and especially if we follow Christ´s path.  Otherwise our efforts will be in vain.  

This is a truth that is not only for Christians but that anyone willing to be sincere and open can see.  It is a very true revelation when it comes to loving and helping me to loving and helping our fellow beings and loved ones.

Thank you for your time in reading this.  Mikey, I love you a lot and thank you for helping me to grow in this aspect of being your father. Blessings to all.

Sincerely,

Miguel Angel Paredes
October 3, 2014

Please share with whoever you might find could use it.


Miguel Angel Paredes 999400
Polunsky Unit
3872 FM 350 South
Livingston, TX 77351


The Miseducation of The Incarcerated Citizens

$
0
0
By LSD Gonzalez

There is no point in romanticizing the issue of the miseducation of incarcerated citizens. Going hack to the beginnings early days of the United States, it was illegal to educate incarcerated citizens because prison bureaucrats and officials correctly recognized that incarcerated citizens with education would be even more discontented with their current conditions, therefore more dangerous and more rebellious. If we take an in-depth and honest look at the correctional educational system before us, we cannot accept the current standards and benchmarks that were set in motion by the power elites.

The 2.3 million incarcerated citizens in the United States have become one of the defining qualities of our country. Never before in the history of civilization has a country locked away so many of its own citizens. Have we as a society become so violent, so counterproductive, so incorrigible, that we have to lock away so many of our citizens under the guise of "Public Safety?"

The cost to incarcerate so many men and women is astronomical! The average annual cost per citizen is $35,000. However, that number jumps to at staggering $60,000 once the person turns 55 years old. Medical expenses increase the annual cost. Moreover, if the incarcerated citizen is a parent, the cost and consequence go far beyond the criminal justice system. For instance, the children of incarcerated citizens may have to be raised by other family members, or are sent to a state’s foster care system. Children of incarcerated citizens are seven times more likely to become incarcerated themselves, which perpetuates an intergenerational incarceration cycle. Warehousing and punishing citizens who are illiterate or functionally illiterate, then releasing them back into society without any education, trades or skills, is a recipe for failure.

Furthermore, the violence that exists in our penal systems poses a much greater threat to public safety than any foreign terrorist group, in that these violent offenders go back into society and wreck havoc on the public.

If society is serious about improving the quality of its citizens' lives, it should no longer ignore the treatment of its incarcerated citizens. In addition, if society intends to reduce crime and recidivism, it must provide a pathway that will enable people to get out of poverty by giving incarcerated citizens meaningful job skills and decent wages. In doing so the elite would not need to put those who they consider “unproductive” in prison. Those who were once considered unproductive citizens would become assets to society.

The best way to improve citizens' chances of getting out of poverty and becoming productive citizens is to empower them with the best education possible, job skills, at least minimum wages, not increasing his or her monthly child support immediately upon release, and providing a grace period to may fines and fees.

America's bridge for the twenty-first century is no longer education. Incarceration is now at the top of the list. The prison industrial complex is already generating forty billion dollars annually. Therefore, rehabilitation, whatever that means, is out of the question because our keepers no longer believe incarcerated citizens have redeeming qualities. Our prisons are filled beyond capacity, and the statistical outlook is dismal.

The United States currently locks up more people per capita than any other nation on this earth. For every African American or Hispanic with a Bachelor Degree, there are thirty behind bars. There are more young African American and Hispanic males in prison today than in college.

In my opinion, the prison educational system is abysmal at best. This statement is not intended to be deterministic, but rather to draw attention to the need to offer incarcerated citizens who are eager to learn an opportunity to educate themselves in prisons throughout the United States.

My focus is on one maximum-security prison in particular, in the North East-Mid Atlantic region, and it is the sixth largest State Correctional Institution in the United States, SCI-Graterford, built in 1929. This prison is a good model because it prides itself on having one of the longest operating college programs in the Commonwealth of Pennsylvania. It has been educating men for many decades.

There are different levels of education available in Graterford: G.E.D and vocational training/apprenticeship programs, and a limited post-secondary education program. The vast majority of incarcerated citizens enrolled in the G.E.D. programs. Only a few incarcerated citizens are fortunate enough to have access to post-secondary education.

A good well-founded school is the best place to learn. For some, prisons are the best prospect for them to get an education! For example, I entered the Department of Correction twenty-nine years ago with an IQ of 56. I had no reading or writing skills. Today, I'm a graduate of Villanova University with a minor in marketing and history, I’m also an accomplished author with six publish novels. Thus, it is fair to say that I'm a product of the prison educational system. I have learned that it doesn't matter where one gets an education. What really matters is that one gets as good of an education as possible.

Despite the resistance of some in society and within the Department of Correction toward incarcerated citizens receiving education, my eagerness to learn is paying off.

Prison education is equally limited by its policy and suffers from various environmental problems. For instance, the primary purpose of prisons is security. Thus, education falls to the rear. Students experience frequent class interruption due to drills, scheduling mishaps, lock downs, and rude correctional guards with the seemingly sole purpose of agitating and discouraging students. Agitators are a set of interfering, meddling people who come down to some perfectly contented class within the institution and sow the seeds of discontent among the students.

Prison policy can also arbitrarily remove any incarcerated citizen or an entire group of students from their educational program on whims with a stroke of the pen. For example, incarcerated citizens serving life sentences in Pennsylvania were removed from all G.E.D classes after a policy decision was made. Lifers and long-term sentenced incarcerated citizens are subject to a quota system in the vocational programs, which limits their numbers, enrollments, and participation. Policy is powerful in prison and it is hard to counter.

Educational programs in prison also suffer from budget issues. Prison budgets are going up but prison educational budget are being cut,. Moreover, the educational budget does not increase at the same rates as the number of incarceration citizens does. Thus, when cuts must he made, prison educational budget gets the brunt of the cuts. Why are prison officials turning a blind eye when it comes to educating the incarcerated citizens when studies after studies have proven when incarcerated citizens are allowed to educate themselves they go back into their community with a new found desire to transforms their community?

A recent budget cut battle in Pennsylvania resulted in dramatic cuts in vocational training, E.S.L. English as Second Language classes, and subsidized community college classes, as a result, we now have n large number of incarcerated citizens who can not enroll in educational programs. Hispanics who do not speak the English language are cut off completely from participating in any school programs. Those incarcerated citizens who need to improve their reading and writing skills are unable to qualify for the pre-G.E.D. and are cut off from enrolling in school due to the lack of teachers, ninety percent of the incarcerated citizens who are being cut off from acquiring education will return back into society one day, and this is the reason why society should care.

Dr. Monique Redeaux, a middle school teacher in the west side of Chicago wrote that 

"Emancipation may have ended slavery but it did not end its legacy of exclusion and exploitation. This legacy of a different and inferior "other" was evidenced by the segregation laws of the Jim Crow era, which kept the races separate. The remnants of these laws can be seen in culture-of-poverty models created during that same period and which maintain their vitality today." 

Dr. Redeaux's words could not have been more clear. They clearly describe the current educational system within the penal system in America. 

Denying the incarcerated citizens a proper education is deeply rooted in the same Jim Crow laws, which have been used to discriminate against minorities for centuries. It is also a tangible form of control. Yet, the public reaction has been minimal in that incarcerated citizens across America are completely ostracized from society.

To the few concerned citizens who are sympathetic, those of us who are being brutalized by racist prison policies across the landscape of the penal system, we appreciate your effort, time, and dedication. Nevertheless, it is your duty to question the Department of Correction Educational polices. It is your tax dollars, and there should he some accountability because there is a direct social, economic, political, cultural, and community interest link between prison and the communities from, which the majority incarcerated citizens come from.

The fundamental assumption, which guide and govern failing penal institutions and on which social, criminal justice theories, analyses, decisions and policies are based, are no longer valid. Demographics of both inner cities and prison populations have changed dramatically over the last 15-25 years, while the assumptions of the Department of Correction have remained sacrosanct. Prison educational budget cuts are inevitable. What is inexcusable, however, is the failure to engage in a sincere open-hearted mission to educate incarcerated citizens. Not doing so not only demonizes incarcerated citizens, but it fails to indict a penal system responsible for disenfranchising the citizens it is warehousing

The negative attitude the Department of Correction's teachers develop toward incarcerated citizen is a reality in many correctional institutions across America. A contributing factor of the miseducation of the incarcerated male citizens is the quality of teachers the Department of Correction hire. Most of the teachers in corrections lack leadership and innovation, and Department of Correction does not hold them accountable. Department of Corrections teachers are not trained to tap into the potential of incarcerated citizens.

It is no secret that the Department of Correction's educational system is structured to benefit somebody’s interest, but whose? We all hope society benefits from attempts to educate incarcerated citizens in that the aim of rehabilitative education is to reduce crime and recidivism. But the numbers do not bear this out. The life outcomes of those incarcerated citizens with G.E.D.’s do not differ much from those without one. Things are tough for incarcerated citizens, and for G.E.D. holders with criminal convictions. So there it little hope for society's benefit. However, studies show that incarcerated citizens who get a two to four years college degree while incarcerated are 65% more likely to succeed when released.

The Department of Correction and its employees are the ones who benefit from the current system. They get paid well, have job security, and aren't expected to in much work. All they have to do is show up; the prison educational system requires very little from its educators. There is no attempt to guarantee excellence.

The Ideal Prison Educational System

In an ideal world, prisons would actually educate their citizens. How could this be accomplished?

1. All incarcerated citizens should be screened for skills and abilities. Vocational counselor should make a personalized educational plea for every incarcerated citizen. The incarcerated citizen should have highly qualified, professional teachers, and instructors. The educator’s salary should be linked with the incarcerated citizen’s academic performance.

2. All resources should be used to educate the incarcerated citizen. Every incarcerated citizen should be given a tutor. Tutors would be those lifers who have been through the college progress. This will offer the elite group of incarcerated citizens the opportunity to use their college degrees. The tutors can be paid at rates higher than the normal prison scale to show how serious and respected their services are. Those incarcerated citizens who have already completed the G.E.D. program should automatically have access to post-secondary educational programs.

African Americans, Hispanics and whites that have completed their college education can provide an encouraging free environment. Education will also be provided to those in restricted housing units and on Death Row in a way that takes security into account.

3. Life-term incarcerated citizens who volunteer their services and time to educate new arrivals should be considered for commutation after a number of years. Pennsylvania is one of the only few states where life means life. It’s also one of the only few states where the lifers population controls the flow of prison activities in most of the institutions across the state.

The younger generation of incarcerated citizens always seeks constructive advise from the lifers. So why not use the lifers to mentor the younger incarcerated citizens? It's a known fact that incarcerated citizens who earn college-universities degree while incarcerated don’t re-offend.

This ideal model would mean a prison system that prepares incarcerated citizens to grapple with the challenges they will face in society upon release. It offers incarcerated citizens a chance against the social forces that undermine their humanity.

Towards a New System

How does an incarcerated citizen in prison confront the cultural mindsets, the layers of misinformation, propagated by the prison staff?

All incarcerated citizens are products of the stigmatization that comes with being incarcerated and/or enrolled in the penal educational system.

Most incarcerated men and women come from a distinctive cultural where they must maintain respect with their peers. It is hard for many to admit that he or she can't read or write. Others may feel they will be stigmatized. I clearly understand this because once upon a time I was considered a functioning illiterate. However, as grown adults, we must be able to navigate through this maze we call prison, and understand that just because we are incarcerated it doesn't mean we lose out human qualities. We should not let our minds get closed to new ideas. Nor should our quest for a better education be discouraged. We should never fortify our identity, or allow ourselves to become dehumanized, demoralized, desensitized, nor accept the stigma.

Many of our nations great leaders have been confined in prisons and still made meaningful contributions to our communities and society. Men like Dr. Martin Luther Kings Jr., who wrote remarkable work from the Birmingham County Jail and Malcolm X’s educational transformation in prison, were astounding. There should never be any negotiation about your freedom or education. It should be the desire of every incarcerated citizen across the landscape of America’s penal system to educate him or herself while incarcerated. Every incarcerated citizen, regardless of their race, age, or creed, can learn from each other.

There is no illusion that obtaining an education while incarcerated will be easy. Opposition will come from all angles. Prison guards who feel you should not be educated will go out their way to prevent you from reaching your goals, and other incarcerated citizens will too. The Department of Correction is designed to make you feel less than human. As Carter C. Woodson wrote in 1933, 

"The sane educational process which inspires and stimulates the oppressor with the thought that he is everything and has accomplished everything worthwhile depressed and crushed at the same time the spark or genius of the Negro by making them feel that their race dose not amount to much and never will measure up to the standards of other people."

In Woodson's view, "real education means to inspire people to live more abundantly, to learn to begin with life as they find it and make it better." 

As an incarcerated citizen with a quest for education we must keep in mind that the majority of the prison guards who society hires to watch over us so-called hardened criminals only need a G.E.D. to be hired by the Department of Correction. It doesn't take a social scientist to strip another man or woman nude, or to turn a key. For many guards working within the Department of Correction is their only means of livelihood.

There comes a time when we, the incarcerated citizens must get tired of watching prison guards support their families off our backbone, while our families travel miles to visit us in prison, and spend their money on over-priced vending machines in prison visiting rooms.

When will we the incarcerated citizens realized that when a state chooses to invest in prisons instead of education, the avenues for our children are clear? 

There comes a time when we, the incarcerated citizens, must realize that education must be a lifelong process. We must find critical and creative ways to obtain a proper education while incarcerated.

Eminent scholar on prison issues and author of The New Jim Crow Michelle Alexander suggests "The young men who go to prison rather than college face a lifetime of closed doors, discrimination, and ostracism. Their plight is not what we hear about on the evening news, however, sadly, like the racial caste system that preceded it, the system of mass incarceration now seems normal and natural to most, a regrettable necessity." I agree with Dr. Alexander because what we do today will alter the course of history tomorrow. We must educate ourselves into freedom to reclaim our identity add not let prison define who we are. We must resist any form of denial to our education. We must view education as a common heritage from which no incarcerated citizen is excluded.

Educating the incarcerated citizens is a matter of public safety, because education is the best weapon to combat crime, and a quality education will deter our youth from a lifetime behind bars. Therefore, if we are to guarantee a quality education to all incarcerated citizens we need to begin viewing education as a form of liberation. We need to stop placing our freedom, justice, and equality at the mercy of others. It is my belief that the potential for greatness exists in every correctional facility across the landscape of America and only awaits discovery and development. As incarcerated citizens we must raise our voices in a way that cannot be ignored.  We must stop seeing ourselves as being written off as prisoners, and begin to make demands. I repeat, prisons don't define who we are.

Luis S. Gonzales #AS-0834
SCI Graterford
P.O. Box 244
Graterford, PA 19426

LSD (Luis Suave) Gonzales is a Juvenile Lifer, incarcerated for over 28 years. He is a contributing artist and writer to Minutes Before Six, a graduate of Villanova University, an author of six critically acclaimed novels, the founder of the Education Over Incarceration (E.O.I.) Scholarship, a member of the United Community Action Network (U-CAN) and president of the Latin American Cultural Exchange Organization (L.A.C.E.O.) He is an artist and poet.

Click here to listen to an interview with Suave by Maria Hinojosa on NPR Radio.

Click here to view novels available on Amazon by LSD Gonzales

Memoir to Madness – Part Three

$
0
0
By Christian Weaver

To read Part Two, click here

Dear Justin:

Good Lord, I'm depressed, you haven't written for three months and I'm sick with despair. Melancholic black bile...

"A depression so thick you forget your own name  
A depression that longs for the grave."

I prefer the kind of grief that is caused by real events, that has an origin and end. For surely knowing why would bring relief of some sort -- and perhaps a way out: "If I eliminate the cause then the effect is sure to follow." But the misery that descends like an evil black cloud... what on earth can one do? You don't know where it came from, or how long it will stay, or where it will go, or when it will return. It's as bad as having something (a knowable cause) that can't be removed. That's when twilight falls fastest, when the cloud is so opaque that you can't catch a glimpse, no matter how faint, of the sunlight beyond. Do you know what the "The Bell Jar" refers to? Sylvia Plath was in a medical lab (or somewhere like that; it was when she in college) when she saw a glass jar that was flared at bottom -- like a bell. Inside, pickled in some solution, was a tiny curled fetus like an oversized shrimp. She imagined it was living and how hopeless and silent, how utterly mute, it would feel. Even though it could look outward like an ordinary person; it could look out at others and they could look back at it... nonetheless, it was trapped by invisible walls. She described how that feeling -- similar, I imagine, to how an epileptic feels before a seizure comes on -- descends from the sky like a massive bell jar. Is that how you feel right before you try suicide?

You know what's funny about suicide? That I've always lacked balls, the testicular fortitude, to try it. The closest I've come was binging out on hard drugs - pseudo-suicides, flirtations. Like once in New Orleans when I shot a bunch of smack (five or six twenties in one night) and awoke the next evening nearly drowning in sweat. The whole mattress was soaked. But I wouldn't have done a gram or taken two hundred Tylenols. I didn't want to live but I was too afraid to die, a sort of limbo for cowards. I was like the dead sailors in "The Rhyme of the Ancient Mariner" when they were revived, in ghoulish fashion, by the spirit Death-in-Life: they were moving but will-less, being prompted from without. They were puppet-zombie hybrids.

I recall the exact moment when I should have committed suicide. Guns n' Roses was on the radio and I‘d been drinking malt liquor, getting drunker by the hour (This was at Athena's several months before the murder. I was in you guy's bedroom). I had loaded my pistol and was tracing it gently, almost unconsciously, on my neck and my cheek. "This isn't suicide," I laughed. "This is pushing a button. Any jerk can do this!" I imagined how it'd be if certain methods were impossible -- that is, you couldn‘t just blow out your brains or swallow poison or something. Let‘s say you were limited to a fork, a small rope (perhaps three feet or so), and a small, blunt object like rock or an iron. The point was to make suicide as awkward and slow, and of course as excruciating, as humanly possible. Can you imagine that shit? Try to picture a guy stabbing himself for one or two hours: "Ouch! Okay okay... ah! That hurts... ouch! Ah!" [psyches himself up and really digs the fork in] "Ahl Ahhh! AHHHHHHHHHHI1" Suicide rates would go down, I am sure.

I put the barrel in my mouth and sort of licked the steel hole, like I was kissing a woman. I put some pressure on the trigger and closed my eyes with a groan. I felt the moment rush past. I heard some poetry from Eliot: "I have seen the moment of my greatness flicker... the eternal footman hold my coat and snicker... and in short I was afraid."

Suddenly I had a creepy, transmigration of souls-type feeling -- disembodied, like I was made of false time. Borrowed time. I'd rebelled against my fate and over-lived my own life. I was a fraud, an imposter, and also something of a ghoul. And then the counter-thought emerged that someone else had to die, that someone's blood must be shed to atone for my sins and enable my life ~- my reckless, foolish, and utterly wasted life -- to continue. This was the delusion (I call it "the sacrificial lamb" delusion) that led directly to the murder. Anyhow... I took the gun from my mouth and laid it down in defeat; I gazed at it wistfully. Little Cassie strolled in and read the scene in a glance. She casually lit a smoke and trained her eyes on the gun. She sort of pouted and frowned (like a teenager will do) and scooped it up in a flash. I think she took it from the room or stashed it somewhere in the closet. She didn‘t hide it or anything, but she moved it far enough to where the moment was ruined.

Suicide and murder are two sides of one coin. He who commits one is most capable of the other. If you're ready to take a life then it makes little difference, in an objective sense, whose it is that is taken. You are both equally human, equally living, and equally departed when the threshold is crossed and you perceive nothing special in the sacred God-dust. You're the murderer of God!

"Suicide and homicide are two forms of murder, as vapor and ice are two forms of water."

And again: "Suicide is simply a murder turned inward, an imploding star."

I'm not one of those jerks who think that killers can be forgiven but that suicides go to hell because they don't, being dead, have the chance to repent. That's doctrinally sound but it is terribly unjust and in grotesquely bad taste (and I would sooner serve Satan than a God with bad taste). You take some idiot like me who throws away his whole life. Out of envy and malice he decides to take REVENGE -- not on himself, the real culprit, but on those who are happy, on life itself! How rotten is that? But take a man in equal crises who decides to commit suicide: at least he still has the decency, the honor, to take himself from the equation before he ruins someone else. Compared to the former he is actually heroic. But by some methodological, cause and effect bullshit, some glitch, he‘s condemned to spend eternity in the flames of Gahanna. What blasphemy!

You know, I just recalled how much you loathe those kinds of people (suicides-go-to-hellers and other ultra-myopic types). I just leafed through your papers and unearthed a few snippets that you probably forget writing. It's in your lucid, sarcastic, and super aggressive style:

"He was jingoism incarnate, a middle-aged war vet with a jarhead hair cut and a ribbon. -- yellow, of course -- tied to his antennae.

Suck me dry, patriot -- I'll wrap that ribbon around your neck until your gawkers bug out like a pair of crystal balls. 
Turn the fuck around and don't look me in the eye, BITCH.
I'd like to shoot him into space without a spacesuit, I laughed. 

That was all it took and BAM -- I was on him like a wolf. I grabbed him by the collar and latched onto his nose like a vampire, chewing furiously through skin and gristle. Then, with a rabid jerk, I ripped it clean off and spit it back in his face. The staff rushed in to stop me but it was already over: he was bellowing in agony, rolling on the floor, spraying blood and snot everywhere..." 

You've always hated things that were inherently unjust. "Freakin' bullies," you would seethe. "People bullies. Idea bullies." Injustice and oppression made you instantly go Hyde. When we were homeschooled and taking classes (by video, if you recall) there was this teacher who used science to legitimize -- or attempt to legitimize -- a real hell. He said something to the effect that the hottest flames were pitch black. The hottest flames produced in a laboratory became black. He reconciled this nugget with how the Bible describes hell: "darkness,""outer darkness,""gnashing of teeth," etc. "How else can darkness and fire coexist in one place?" he asked.

You scoffed so intensely that some spittle flew out. "They can't!" you roared, pounding on the desk. "That's why it's utter BULLSHIT." Then you described, in gratuitously graphic detail, how you'd enlighten the teacher: you‘d hold his hand on a stove or touch his finger to a flame or even push a heated needle very slowly through his pupil. "Or maybe I‘d set him on fire," you mused. "And while he shrieked and contorted I would follow him around with a microphone or something -- like a pesky reporter.  'Pastor Shetler,' I would ask. 'Do you consider this experience to be painful or pleasant?' [more shrieking and screaming] 'Ooookay... I'll accept that as a yes. Would you consider it to be torture?' [something like a roar] 'Yes, yes, I see. Hmm-mm. Would you consider this experience to have innate redemptive value or is it simply an inflated form of cruelty and torture?' [more bellowing and roaring] It‘s sadistic, you say? Well that's logical, of course - it should go without saying - but it seems to contradict what you were teaching your students. Could you explain this dichotomy?' Then I break out a hose and extinguish the bastard. He's like a Thanksgiving turkey if the turkey were in charge and it had left the oven on for maybe... two or three days. I crouch and hold the microphone very close to his face. The stench is unbearable. 'You've only been on fire for [I glance at my watch] barely over a minute and yet feelings on this matter have undergone a reversal. Now extrapolate this experience into the infinite future... second after second, week after week, century after century. Would your torturer more closely favor God... or Satan.'

Your persona was always either timid and shy or contemptuous and taunting. It was mostly the former but it could instantly swing, like a mad pendulum, to the latter. I used to think it was random until I noticed your trigger: any bullying or oppression of the weak by the strong. Here's an excerpt from a narrative (another abandoned project) I attempted about our lives:

"Justin turned inward and never tried to fit in. He became very quiet and brooding. He befriended the bullied and would taunt, viciously and personally, their oppressor. He‘d say, ‘How can you make fun of him? You're fat, you have a hook nose, and you're really, really dumb.' Christian recalls incidents where he heard a commotion, turned around, and caught Justin in the act of pounding someone with his fists. Justin perceived (as he does to this day) only two kinds of people: the courteous and kind and the nasty and mean-spirited. There was no in-between."

Here's another excerpt from the very same narrative. We were fourteen or so.

"Christian walked in on the following conversation; it was Justin on the phone: "Hello? Is this James? [pause] It's Elvis, that's who. I know it's been awhile and as your kind of half-retarded I'm gonna make it real simple. My name is Justin Weaver and we attended school together in the sixth grade. [pause] Crab Orchard, you minion. How many other schools you-- oh you remember? [glances at Christian, beaming] Hey, he remembers! [ignores him again] You used to victimize the children who weren‘t as ignorant, inbred, and utterly common as you are. You even taunted me a bit [licks his lips and his eyes become wild, psychotic] How would you like it if I scooped out your eyeballs with a paring knife and snipped off your nose with a pair of sharp scissors. Would you like that, ole buddy? Would you like it if I chopped off your fingers n' toes and reattached your toes to your hands and your fingers to your feet? How 'bout it, ole pal. What if --'"

“Poor James hung up and then his mother called back; she requested our parents and when that didn't work she said she'd already called the cops. Justin calmly explained that her son was a monster and that he needed this treatment. 'Preventative terror,' he smiled. ‘By terrorizing him now I'm preventing him from terrorizing other people in the future. You'll thank me later, I swear.’"

"Justin, unlike a sociopath, was not randomly cruel. He had surgical precision. He didn't torture small animals or start fires and all that. He reserved his worst behavior for the people whom he believed were psychological sadists, the 'real psychopaths.' Those who bullied others -- particularly the timid, shy, peculiar, or homely -- were the lowest of the low. He saw himself as their punisher because 'bullying, though legal, is among the worst crimes. It creates the worst consequences... sometimes many years later.' He perceived them as criminals, on one hand (for instigating schools shooting and other violence) and demons, on the other (for tormenting the defenseless an mangling their psyches)."

Well I guess I'll end this letter and start scribbling another. I shall leave you with a maxim:

Lost -- I mailed myself a letter and it never returned.

Write me back before you die.

Christian

To be continued....


Christian Weaver 271262
BCCX 14-11B
1045 Horsehead Road
Pikerville, TN 37367

To read Christian's poetry, click here

Miguel Angel Paredes

$
0
0
Miguel Angel Paredes was executed by the state of Texas tonight, October 28, 2014, at 6:00 pm.  He was a long time contributor to Minutes Before Six and will be greatly missed.  Our hearts go out to his family and friends, and to the families of his victims.  Many thanks and love to all of you who showed him light during his darkest days. And many thanks to Miguel for the light he shined on us.

On the Via Dolorosa by Miguel Angel Paredes

Miguel Angel Paredes
August 8, 1982 - October 28, 2014
Rest in Peace

Click here to see more of Miguel's artwork and poetry To read his Death Watch Journals, click here

No Mercy For Dogs Part 16

$
0
0
By Thomas Bartlett Whitaker

To read Part 15, click here

Despite the early hour, the bus to Monterrey was nearly full. At least half of the forty or so passengers were dressed in various uniforms of a blue-collar variety, employees of the vast factories that dotted the landscape of Mexico's temple to capitalism. I recall seeing several with LG and Sony identity tags, and one with a Magnavox logo on his shirt. I wondered how I could get something like that, as this seemed like a pretty good way of bypassing the interests of the soldiers at the checkpoint I knew we would be passing through shortly. I hadn't thought about this barricade until after I had bought my ticket, and had spent the majority of my time waiting on the arrival of the bus rehearsing my legend.

I needn't have worried. For reasons that I never fully worked out, individuals traveling the highways and byways of Mexico with American identification were given far less scrutiny at such checkpoints than actual Mexicans. It was as if the entire defense apparatus of the state didn't want to bother with diplomatic matters. I suspect that the situation would have been different if I hadn't looked so obviously American, but I don't really know for certain. When we arrived at the same small base we had passed through two days before a soldier with an M-16 diverted us between several lit traffic cones. A sergeant boarded the bus and asked us to step outside. We were asked to leave our belongings on our seats, with our bags open. As we waited in a small crowd under the bored eyes of several machine gunners, three men searched the bus. Finally, these same three men disembarked and asked us for our ID’s. Most were asked questions about destinations, though not, I noted, those wearing the corporate tags. As soon as I produced my counterfeit American driver's license, the soldier standing in front of me looked once at my face and stepped to the right. Amazing, I thought. I would pass through hundreds of these checkpoints over the next year, and never once did my foreign ID fail to save me from questioning. The sun was just asserting itself in the east when we were allowed to board and continue on our way.

The massive terminal at Cuauhtemoc had not changed in the last 48 hours, and, I suspected, it never would. It was simply an infection beyond any antibiotic to clear up. I came to view it as the center of a vast scamster-victim-indifferent bystander Venn diagram, a thousand and one ways to get fleeced before you had even made it out the front door. I paused for a moment before wading into the crowd to adjust my satchel, but mostly just to watch and plot my course. Women who were obviously prostitutes worked the constant flow of incoming humanity with greater or lesser degrees of enthusiasm. To my right, a preteen girl wearing a whisper of a skirt bounded up to a man carrying a duffel bag and quickly attached herself to his arm. I wouldn't have thought there was much of a market for Dickensian chimney-sweep pin-up girls, but apparently I was wrong. She was not the only sex-minnow swimming in this sewer, and for a moment - a very brief one - I wondered why the cops didn't do anything about this. My cynicism  soon saved me from my idiocy.

The lighting was tricky in the terminal. Tired halogens sputtered in places, alternating a piercing brightness with shadow; it was hard to say which was worse, seeing the decay or merely imagining it. Near the windows a yellow tinfoil light seeped in over the grime, illuminating the myriad food stalls and vendors of cheap wares. The smell emanating from the food court was overpowering, and this more than anything else had me moving forward. Near the restrooms a man nearly stumbled into me, lost in the neurological dryer lint of some drug. I pushed him off and kept walking, checking to make sure my wallet was still in my back pocket. Near the door a zaftig woman with an overly optimistic faith in the power of spandex tried speaking to me before she looked into my face. She quickly shrugged and pivoted to call to someone behind me. I swear, if the world were a body, this station is where you'd stick the enema.

I doubt anyone before or since has claimed the air of Monterrey to be sweet, but it seemed that way to me as I stepped outside the automatic doors of the terminal. The slow swaying of the bus had shown me just how tired I was; I had barely slept the night before, and was running my engines on a mixture of fear and more fear. Still, those first few steps into the city elevated me for a time. For the first time in several months I was relatively free. No one here knew me; everyone in my environment was but a walk-on cameo in the drama of my solipsism. I had nowhere to go, no one to have to be, no expectations to have to guess.

Around me the city pulsed; it sobbed in sirens. I began walking, roughly following the massive, eight-story tall edifice of the elevated train system. Tall buildings blocked my view of the mountains that ring the city, but every few blocks I would catch a smoggy view of their jagged peaks. El Centro was the grimy heart of Monterrey, a buzzing, teeming metropolis of several million souls. I rejoiced in the crowds. There were no people here, only statistics. Blink twice, and everything changed. 

Within a few blocks I began to flirt with the outer fringes of one of the largest mercados in the country. To call it a market almost does it a disservice; this thing was its own city, its own world, a sort of creeping organic growth that slowly took over city block after city block, advancing from barrio to barrio. It engulfed buildings, and soon they were the market, too. Ropes were strung between structure and city street light from which tarps and stalls and alleys grew. I have no idea how large it really was, save that I walked it for hours that day and never came even remotely close to the opposite side.

The market in Cerralvo had impressed me; this place showed me how provincial I had become in a few short months. On all sides, sometimes hanging over me, were clothes of every sort and fashion, from the cheapest hand-me-downs to Armani – both genuine and fake. I saw cars, stolen and legal. I saw guns and real estate, millions of pirated CD’s and DVD’s, guitar makers, bakeries, taquerias, cell phone vendors, sellers of new and used electronics equipment of all sorts. At every angle you can think of and some that you can't, men and women and children tried to force upon me souvenirs or hats or medicine or jewelry, anything, anything, everything. All you can do is put on your sunglasses and pretend you have somewhere important to be.

There is an organizing principle to these places, one that requires an overseeing body, a guild, which I would hear about but never see. Pretend the market is a castle. Nearly all of the stalls, shops, and stores containing items of value are clustered in protected bubbles near the center, blocks and hundreds of long, winding, poorly lit alleyways from the edges. Thousands of stalls selling the cheapest of goods ringed these areas, like a moat. Where a city street bisected the market, the lower-price, legal shops again proliferated. On the rare occasions when the police would stage a raid, these outer proprietors would see the government SUV’s coming and would stage several hundred misfortunate "accidents" all at the same time. I saw this with my own eyes twice. A long display of oranges or mangoes would tip over, and the man at the next stall would trip over the mess and drop a case of clothes or stumble into a table, scattering a stack of CD’s. It was like a long chain of dominoes, people and goods flying all over the place. It would snarl the police up completely, giving the heavies in the center of the maze time to drop illegal or dangerous merchandise into long trenches cut into the concrete or into safe rooms carved out of the city's sewage system. By the time the cops arrived, only legitimate and apparently confused businessmen were left, each shaking their heads in surprise and consternation that anyone could think that they had been up to no good. Each of the stall owners that had participated in manufacturing this chaos would be given better wholesale prices on their goods, or given a location a little bit closer to one of the central zones. After five or six such hops, they could also begin to sell much higher-price items. It was a system that rewarded those who were brave and devious, and helped to create the very people who stood to benefit most from a laissez-faire view of economics. It was hard not to love the market a little, even if it was a totally ruthless and amoral place.

After a few hours of wandering the mercado, I was completely, wonderfully lost. I began to feel hunger and was surprised to see that it was not even 10am yet. Food stalls proliferated like mushrooms after a good rain, and eventually I selected one with a long counter and a set of about a dozen stools. The place was more or less permanent, with concrete embankments and several televisions suspended from heavy metal poles that once might have been power lines before the tarp ceiling grew around them and forever sealed their tops from view. Such taco stalls are sometimes referred to as agachados, from the Spanish word for "stooped" or "leaning forward," since you basically have to lean over the counter so the tacos don't drip onto your clothes. This place was nearly full, with only two of the stools untaken; the men seated there looked like market pros so I theorized that this meant that the place was pretty decent. I took a seat and waited to catch the eye of the proprietor.

He was a very odd sort. He had a nasty scar on his left forearm long enough to qualify as a mile marker, but his rough appearance was totally offset by the neatness of his workspace. It was as close to spotless as you would find in the market. He also continuously bathed us in a low, friendly stream of chatter as he scrambled eggs, diced tomatoes and sausages, and sliced huge chunks of meat off of a pork belly kept under a bright heating lamp. To the right of the cash register hung a chalkboard sign that listed the prices of the day. In large letters next to this read, in Spanish: Buy one beer for the price of two and get a second beer absolutely free! It took me a moment to work this out, and I smiled when I had finally gotten there. The grillman noticed this and shot off some sentence that completely missed me. I merely pointed at the pork belly and then at a bottle of mineral water sitting alongside several other bottles atop the register.

The tacos were ridiculously good, the best food I'd eaten in months, though my arteries probably began to wave a white flag before I was halfway through with my order. I don't think I've ever actually licked my fingers before after dining but I did that morning. The cook kept up his monologue; few of the men responded in any way the entire time I sat there. In fact, most of them seemed to be of Don Julian's opinion that verbalization somehow equated with morbid self-absorption and left as soon as they had finished their meal. I totally understood why they would put up with the oral assault, however. The food really was excellent. The cook noticed my hunger and asked if I wanted anything else.

"No thank you," I said, shaking my head. "Of all of the animals that have passed through death and fire and wound up in my mouth, that was some of the best." He didn't understand me, but that was okay. Our relationship was fine as it was: I spent a little money and the taco man liked me. If only my other connections had been so simple.

The television closest to me was set to some sort of late- morning political show. I couldn't understand all that was said, but the motif was familiar: politicians continuing the tradition of producing political ephemera without, lamentably, suffering the fate of being ephemeral. "Los politicos son pendejos," I said, handing over some cash to pay for my meal. The cook agreed with me, pointing at my head and then saying, I think, that there were things growing on his tortillas that were more intelligent than the political class. This made me smile, though it wasn't exactly the thing you want to hear coming from the guy that had just cooked for you. He quickly returned to the grill, and I left him there, talking to no one.

After another hour or so I emerged from the market. I was surprised to see the elevated train again, as this meant I was leaving from the same side that I had entered; I had believed that I was coming out on the other side. I took the escalator to the station and bought a pass. I spent the next two or three hours riding around and around again, just taking the city in. It was huge, but I managed to at least get a basic idea of the layout after awhile. After this I transferred to the subway, and spent another hour or so riding it through tunnels lined with advertisements for products no one needed yet somehow were needed. Mostly I watched the people, trying to figure out what made me so different from them, what I was supposed to do next, and why I felt I couldn't stop moving or I would suffocate.

I picked an exit at random and kept walking. I purchased a cup of nopal juice at a corner stall and sat on a bench in the shade of a high-rise apartment building. Clouds were rolling in over the mountains, making the sky look like a papered-over window. Across the street sat a two-story warehouse of ancient vintage, the dark brown brick facade crumbling gracelessly down onto a weedy, overgrown yard. There was a small but steady stream of people entering and exiting the front entrance, people dressed almost entirely in black. They wore chains and lots of jagged metal jewelry and had dyed black hair, sometimes with bright red or green spikes. I was numb. I don't think I could have found curiosity with a map and a GPS device. I went into the building simply because I had nowhere else to go.

Inside was a massive underground space, set up by the government of Nuevo Leon to incubate small businesses. In this case, the subterranean ambiance had attracted the heavy metal/Goth community of northeastern Mexico, and they had completely taken over the ground floor and the two underneath it. Most of the stalls sold hard rock CD’s, band t-shirts, stickers, jewelry, and other symbols of non- conformist station. Sprinkled amongst this lot were tattoo parlors, head shops, and stores selling all variety of instruments. The place was pungent with the smell of marijuana to the point that I felt I could have written "wash me" in the air with my finger. I saw several "rockeros" and "darqueros" smoking a bong in one of the head shops and I moved away from them. Loud speakers blasted an angry audio assault on passersby, and all of this noise mixed into a confusing cacophony that made it hard to think. My head started pounding. Everything was gray concrete and scratching static and skin painted whiter than my own, an echo of every dystopian book I had ever read. Lacuna Coil's "Heaven's a Lie" had me rubbing my temples and I soon stumbled back upstairs to ground level. I bumped into a man on the stairs and he pushed me away, shouting. Before I knew what I was doing my knife was out and pointed at him. He lifted his hands and slowly backed away down the stairs. I was cracking up, I knew, so I ran. I took a few deep breaths upon reaching the sidewalk. Several people looked at me curiously so I started walking again. A contact high stalked me for several blocks.

Mostly I followed the traffic, letting it carry me along. After another ninety minutes of walking I came to the Macroplaza, a roughly 100-acre green space in the center of the city. Rising in the middle of this park is a 230 foot tall rust red Obelisk called the Faro de Comercio. I had seen this purposeless yet grand object from a distance when we had passed through the city on our way to Aldama. My head was still pounding so I sat on a bench near a fountain. Young people held hands and hung out, oblivious to the world around them. This was an egalitarian place, everyone mixing easily. I felt like the only imposter. After about fifteen minutes a woman and her young son sat down on the bench next to me and ate sandwiches and pastries out of a thermos. I remember that he was wearing a Baltimore Orioles cap and I wondered if he was aware of the meaning or if he just liked the logo of the bird. The mother took his hat off and he lay his head on her lap. I got up and left.

Extending west from the south end of the Macroplazq is a ten-block pedestrian zone known as la Zona Rosa. Some of Monterrey's best restaurants, cafes, music shops, hotels, and boutiques line this thoroughfare. There is always a healthy crush of people here, and it is as good a place as I've known for watching the various iterations of our species. I picked a bench near the Liverpool department store and sat for a while. Rich people smiled at the American as they carried their large bags from boutique to boutique. Around 3:30 pm a massive foghorn blared, sounding like a ten-story tall cow. I figured this must be some sort of signal for a shift change at one of the factories, but I never really figured out which.

A group of Baptist missionaries was testifying on the street corner across the way. From what I could tell, they were mostly ranting about Catholic idolatry, pretty much the definition of a thankless task in a nation more than 90% Catholic. One of them handed me a flyer and asked me if I knew "el Senor." She must have only been 16 or 17, and wore a sundress. She reeked of freshness and light. I told her in a monotone voice that I had always thought it interesting that if god showed up out of the blue and explained himself, the vast majority of the world would necessarily be disappointed. The girl looked confused for a moment, but she must have seen something awful in my eyes because she blanched and quickly walked away. The way she kept looking back at me made me feel even more hollow so I left.

I took a bus. I took a second bus, then a third. This last was painted in a garish scheme, all royal blue and yellow. Decals of a tiger adorned every flat space and streamers hung from every window. I deduced from this that the Tigres were one of the two professional soccer teams in the city. In a deadpan voice the driver informed us that budget cuts had made it necessary that only the tires on the right side of the bus were new, so to please lean that way in the curves. I got out at the end of the line and walked to sit in the shadow of a huge Famsa store.

Across the highway was a hill. Built on top of this rise was a shantytown, row after row of tiny structures built out of cast-off wood and block, with roofs of tin or plastic. Many in the first section looked like they had been hit by a bomb, with their front walls peeled away. They looked oddly like dolls' houses, with a few random pieces of derelict furniture left out for display. People - hundreds or thousands of them – mulled about, engaged in acts that distance and experience made impossibly mysterious. A few children ran about in the dust, kicking some sort of plastic cube. They wore almost nothing. Even more obvious were the flies. They buzzed about in the millions, making the entire scene look like some sort of fucked-up pointillism straight from the mind of Thomas Robert Malthus. I had heard of the extreme poverty in the country. I had thought that I had witnessed this in Cerralvo, but I had never expected this, this crystallization of utter ruin. Upon seeing Antarctica, American explorer Admiral Richard E Byrd said "this is the way the world will look to the last man when it dies." He was wrong. It will look like this slum.

The world swirled down the drain, to a symphony of yawns and quickly averted glances. I felt everything inside of me collapsing, and I, too, collapsed, and I fell into cool water. I've done this from time to time since I was a child. I still do, just burrowing down when the surface becomes too sandblasted to deal with. When I came out of it night had fallen. The lights of the city reflected off of the pollution in the air and bathed everything in a diffused orange glow. A plastic bag was caught on my leg by the breeze. In English, it thanked me for my business. Maybe this is how god punishes the bad, I remember thinking: he lets you live. "What further horror could match this?" asks the chorus in Medea. They had no idea.

My head was clearing a little and I stood up to stretch my legs. My rear end was sore from hours of sitting on the concrete. I stood there for a time, still unable to look away from the hill across the highway. I had been aware on some level of the extent of the life I had wasted, the gifts I had not taken advantage of. Now I understood this in an entirely different way. Any one of the thousands in the slum - every single one of the thousands in the slum - would have done a better job of living my life than I had. I couldn't have explained it then, but something in the bedrock of my soul cracked and shifted that afternoon. I filed formal divorce papers with my pride, for starters. The rest wouldn't be clear to me for some time, years even. I eventually made my way by bus back to el Centro, where I rented a tiny room in the Law Vegas hotel, a place that gave "shithole" a new benchmark. I stayed there that night and the next, and then bought a ticket back to Cerralvo.

I've often been asked by people why I didn't run further into Mexico or South America, that if I had, the chances of the police ever finding me would have been virtually zero. I have a hard time explaining how, in that moment, staring at the hill, I had given up. I was too much of a coward to go back to Texas; I wasn't going to make it that easy for them. But neither was I going to make it hard. The best that I can say is that everyone must come out of exile in his own way. I guess this was mine, where it all started.

To be continued....


Thomas Whitaker 999522
Polunsky Unit
3872 FM 350 South
Livingston, TX 77351

Tragedy 2 Trial & Beyond

$
0
0
By John Ruzas

Life is a saga that we all get to live. Some live it long, and some live it short. Some are fortunate to live it well, while others live it miserably from their first breath to their last. And then there are those of who life simply gets out of the way while it records each blessing and folly ascribed to the "Lifer." This "Lifer" will let the reader decide.

The locale of this saga is the great State of New York, the "Empire State." In September of 1974, the wise men who enact the laws of government, bowed to the pressures exacted by New York's top executive and its law enforcement agencies with the passage of newly constructed capital punishment legislation. The cause of the pressure began with the U.S. Supreme Court's 1972 ruling in a death penalty case that arose out of the State of Georgia. The case was, Furman v. Georgia, 408 U.S. 238, in which the Court‘s decision caused a moratorium on death penalty cases across the country.

Like a pebble thrown in a pond, the small ripples of judicial connection reached the coast of New York, where its highest Court of Appeals had before it the capital punishment case of Martin Fitzpatrick, (deceased). Fitzpatrick had been convicted in Oneida County for the slaying of a sheriff and his deputy in Sherill, N.Y. in 1970. Because the Supreme Court‘s Furman ruling rested on Georgia’s failure to establish guidelines that would assist the deliberating jury in their decision of who would live and who would die and because New York’s capital statutes (P.L.§§125.30;125.35) mirrored those of Georgia, The New Your Court of Appeals, in People v. Fitzpatrick, 32 NY2d 400, (June ’73)  ruled New York's capital statutes unconstitutional. The ruling saved Martin Fitzpatrick from society‘s ultimate revenge, i.e., its planned execution.

The year was 1973, and the knowledge that Fitzpatrick was packing up his worldly goods consisting of those meager allowances the State provides for the condemned, and moving from Green Haven‘s "Penthouse Death Row" to begin serving multiple life sentences in general population, caused curses and swears from New York's highest executive, Nelson A. Rockefeller down to the youngest "cop on the beat." The collective response was immediate, and served as music to the ears of those "law and order" wise men in New York's Senate and Assembly. In a press conference held on June 20,'73, Gov. Rockefeller stated, "...I am deeply concerned that the deterrent provided by the death penalty for the murder of peace officers...has been undermined by a recent decision of the Court of Appeals..." Rockefeller went on to explain the State's intent to appeal the Fitzpatrick decision to the U.S. Supreme Court. Should the decision be upheld, the Governor stated, "...I plan to offer legislation at the next session of the Legislature which would eliminate the discretionary nature of the death penalty and thus restore the penalty as to the murder of peace officers and prison guards." (Oelsner, "Governor to Seek Death Sentences," New York Times, June 21, 1973).

While the Governor and the Legislature‘s "law and order" politicians were juggling & jockeying for position in order to come up with death penalty legislation that would pass constitutional muster, this writer was oblivious to their shenanigans but for an occasional read in one of New York's daily newspapers. Like thousands of other "ex-cons" on parole, my days were spent in gainful employment since my release in Dec.11,‘72, and whether New York was a death penalty State or not held little interest to me. I had been the victim of my 1960’s addiction to heroin, and in 1968 I paid the price of seven years for two retail store robberies committed with an imitation pistol. My 4yr./8mth journey (in N.Y. a 7yr. sentence was satisfied by 4yrs./8mths., parole to follow) through the State

Prison system was broken up via transfers that saw me "hop-scotch" around the State from Sing ~ Sing to Clinton to Comstock to Attica back to Clinton and ending in Green Haven where I was released before Santa started his rounds in December 1972. A clean and healthy 29yr. old bachelor, I reapplied for membership in the Carpenter's Union, was accepted, and while the stranger, Martin Fitzpatrick was causing Rockefeller. et al, "political apoplexy," I was causing my hammer & saw to join in the construction of the Queens Mall.

Right about here I'm reminded of the old song, "Ce Sera Sera" (Whatever will Be Will Be) sung by Doris Day of film & record fame.

The life of a 30-year-old "envelope pushing parolee bachelor,” whose focus on the future never went beyond day-to-day, was the walking personification of "Ce Sera Sera." Not surprisingly, the focus that escaped this writer was present in abundance throughout the camps of those death penalty proponents who were determined to reverse the Fitzpatrick decision, or in the alternative, enact a new death penalty statute that would sanction State executions. On November 12, 1973, the latter process was required when the U.S. Supreme Court denied New York certiorari in Fitzpatrick (Olesner, "State Death Penalty Permanently voided," New York Times, Nov. 13, 1973, p.1).

Within a week of the certiorari denial the strategy to return capital punishment was up and running, in large part driven by upstate Republicans responding to their constituents, law enforcement, and their own powerful leader, Nelson A. Rockefeller. Through the negative demeanor of those still seething over the Fitzpatrick reprieve, the pro-death "Pols" went to work re-enacting the most politically driven statute in New York's Penal Law. (Clines, "Death Penalty-Seeking A Reprieve In Albany," New York Times, Nov.18, 1973).

It did not take long. Within a year of the New York Court of Appeals decision in, Fitzpatrick (June '73), the "politics of death" took center stage in the 1974 legislative session with the enactment of Penal Law §§ 125.27 & 60.06, effective Sept. 1, 1974. The law was a cold exacting expression of legislative outrage that fed off the cold exacting executions committed by Martin Fitzpatrick. Excluded from the statute was the customary bifurcation process that required a penalty hearing to determine penalty. The law called for a mandatory death penalty in the killing of police & peace officers, and prohibited the trial court (Judge) and jury from sentence involvement. If the jury found the defendant guilty of Murder in the First Degree, i.e., "intentional murder," the sentence was "Death.”

October 24, 1974, was a beautiful blue sky/puff clouds autumn day. It was also a day that marked 55 days since the newly enacted capital punishment statute had taken effect. But did I know that? How would I know? How many New Yorkers knew? Anyway, it didn‘t matter, and I make no excuse for my ignorance. "Ce sera sera"---again.

Driving down the New York Thruway with thousands in cash & jewelry in the car up ahead, helped make the sky bluer. Every revolution of the car‘s tires brought us closer to the "Big Apple" for a juicy bite, and further from the Syracuse jewelry outlet we had robbed 40 minutes earlier. I rode in a car driven by an old "tough guy" whose reputation took a "hit" when his last minute "cold feet" caused him to wait in the car. The occupants in the lead car were his girl friend; their German Shepard; and my robbery accomplice with all the outlet's plunder in the trunk. But, no matter how blue the sky seemed, I had relapsed into "loser mode," and the tragic proof was just minutes away.

After completion of the Queens Mall, I should have hauled my ass down to the Union Hall for another job, but my irresponsible bachelor side decided to take the summer off. I had a "comfy" two-room apartment: unemployment checks that covered rent and more; an Eldorado convertible in "mint" condition that still turned heads though 10 years old: and I was enjoying the affection of an attractive dark eyed divorcee with two youngsters. I met her over a double Dewars "on-the-rocks" that she poured as her job required. Her name was Gina, which would later turn to Joyce, and she tended bar in the cocktail lounge of a motel in my neighborhood. I had worked steadily since my release from prison 22 months ago, and had maintained a satisfactory parole record, so I reasoned that I deserved a summer "fun-in-the-sun" with a ready made family who had invited me into their lives.

Unfortunately, "Ce sera sera" entered play when the heat of our relationship began to wane like the summer sun. Gina's request that I give up my apartment and commit to hers became insistent and a problem. By October I was seeing her less; drinking; getting high; and I owed a neighborhood shylock a "G-Note," ($1,000). So when I got a phone call from a "Dannemora Alumni" with an invitation to "step-out,"(commit a robbery) that's exactly what this "loser" did.

The State Police cruiser eased off the median strip of the Thruway when the lead car drove past it. We watched nervously as it pulled along-side the lead car, then just as suddenly, for reasons we'll never know, it veered off and drove back on the grassy median. To give the appearance of one person in the car I climbed into the back seat, and listened as the radio announced the robbery of Leonard‘s Jewelry Outlet in Syracuse earlier that morning.

As we drove past the S.P. cruiser, my soon to be co-defendant said, "Here he comes,..the hardons trailin' us." I cautioned him to relax. I reminded him that the radio reported no descriptions of the robbers or their car, and besides the car is clean. What I didn‘t mention was that I still had the pistol and a pair of handcuffs I hadn't used. So he drove on while I crawled into the seats fabric, and the Trooper kept coming.

The seconds that passed before the State cruiser reached us were seemingly frozen in time and dipped in "Murphy‘s Law." I considered rolling down the window and dropping the items on the tar-mac, but I felt responsible for my accomplice’s Beretta pistol, and besides, the Trooper might see them fall, I reasoned. He has no reason to search us, stash them under the seat, I thought, but it was Bobby's car/Bobby‘s "pinch" so that was no good. As the seconds ticked I decided, the car is legit: we‘re not speeding; we‘re over 35 miles/40 minutes away; his hood-lights are not flashing, relax, we‘re OK. As those thoughts filled my head, suddenly my kidneys filled as well. What would James Cagney do?

Lying prone on the backseat I saw the cruiser pull alongside, and the Trooper's arm signal us to pull over. My co-defendant uttered a disgusted, "M .... F ..... ,” pulled over on the Thruway shoulder and stopped.

The Trooper parked about 15-20 feet behind us then exited his car. A 6' tall Stetson with a stomach paunch and slow gait walked to the driver's window. In a voice that sounded more command than request he said, "Let me see your license & registration." It was at that point that he saw me lying in the back. "What’s wrong with him?" he asked. Why in the Trooper's mind something was wrong with me, we’ll never know, but Bobby's response was, "Nothing, he's just tired. What‘d I do Trooper...I wasn't speeding." The Trooper’s curt reply was, "I'll ask the questions here."

Feigning sleep, I awoke and inquired, "What's up Bobby?" What was up was the fact that he couldn't produce a driver's license. The car was registered in his wife Pat's name, but he had no license. I was drugged. Here I was feeling bad that I didn't tell him about the pistol while this clown never told me he had no license. I couldn't believe he had driven from the "Big Apple" to Syracuse for the sole purpose of robbery, and he had no license. "Murphy's Law" was at the door with more in store ,... and I couldn't bar its entry.

The Trooper told Bobby to take the money out of the wallet then give the wallet to him. Bobby complied. In looking through the wallet, the Trooper saw a license and asked whose it was. Bobby said it belonged to a friend that left it in the car. The Trooper placed the wallet in his back pant's pocket, then instructed Bobby to exit the car. Bobby complied again, and was told to assume a frisk position against the car. (The following facts were un-rebutted at trial and supported by physical evidence.) This had the makings of a real nightmare on a beautiful sunny day.

I was convinced that the Trooper did not consider us suspects of anything, least of all the Syracuse robbery. I was certain we would‘ve been long ago "magnum revolverized" and sitting on the ground waiting for his brethren's assist were that the case. Eight months later the trial evidence & testimony would prove me right.

After the frisk, Bobby asked if he wanted to look in the trunk? In reply, the Trooper opened the back door of the old "Caddy" and said, "How about you Buster, let me see some I.D." I replied, "My name’s not Buster, it's John," and I attempted to hand him my bank I.D. and Carpenter Union card. However, instead of taking my offered "I.D.," he reached into the back seat and took hold of a green suede jacket I had worn in the robbery. To this day nobody knows why he did it. His manner was arrogant, and with little regard for procedure, but he was a cop doing his job, so I guess that's all the "Whys" he needed.

By then I was fuming at Bobby, the Trooper, and myself. I knew the jacket held a pair of handcuffs I hadn't used, so I got out of the car and grabbed the jacket. "Hey! That‘s not I.D., this is I.D." I shouted, still holding the Union Card, etc. in my right hand while tugging on the jacket with my left. His face registered surprise by my actions, but be continued to tug on the jacket with his right gun hand. Knowing that I was just seconds away from arrest, I let go of the jacket and reached into my back pocket for the Beretta pistol (25 Cal.) that I accompanied with, "Trooper, don‘t make a move."

A lifetime of reckless behavior and bad decisions had come to a head in slow motion seconds. His face went from surprise to shock when he saw the gun in my hand. He dropped the jacket and began stepping back onto the Thruway as his hand reached for his revolver. A voice that sounded like mine said, "Don't do it Trooper, please," but he just stared as his hand came up full of blue steel.

Instinctively, I fired one shot and broke to my right around the car as his shot smashed through the driver's door window. He fired another shot that entered the car's engine block. Squatting behind the car, everything continued to play in slow motion. The whole confrontation was less than a 10 second scenario that seemed unreal, and would be visited by a commercial at any moment. But there was no commercial, only a need to do something next. I looked under the car and saw the Trooper trotting across the median to the Thruway's far side. Quickly, I ran to his cruiser for the keys, which I threw in the weeds to prevent his pursuit. My co-defendant, who had crouched between the cars during the confrontation, now ran to his car for escape. Luckily it was a four-door car, and I was able to grab the right rear door and jump in as he pulled away. The last recollection I have of the Trooper was of him firing another shot across the Thruway as we drove away.

Because the drama had played out before a traveling audience, we were forced to exit the Thruway. Speeding along in search of an EXIT, the absurdity of flight ran parallel to the disbelief I struggled with to comprehend. "C'mon, I'm dreamin' ,... what just happened, didn't just happen,” I tried to convince myself. Regrettably, the wild-eyed look on my co-defendant‘s face, coupled with the mangled window frame flapping in the breeze caused a cold fact. This was no dream. What just happened was the culmination of my reckless, goalless, drug dabbling life, and we were on the run from a gunfight with the State Police. Then the absurdity of escape and flight revealed another fact, i.e., my jacket and I.D. was back on the tarmac, and Bobby‘s wallet was snug in the Trooper's back pocket. Although I had discarded his car keys, I could see him reporting the incident on the car phone, "...Yes, two white guys, one is Robert Donovan, and the one with the gun is John
Ruzas ."

The EXIT sign read Canastota. As we exited the Thruway we saw a couple of cars in line before the booth, and people began to point at our car as we approached. Suddenly the yellow/black striped barrier bar was lowered preventing our exit on the outside. "Crash through it," I told Bobby. "Suppose it's metal?" he replied. "You wanna get out and walk?" He floored the car and broke through it. It was wood. 

Lost in the Canastota hamlet and needing to ditch the car, we did so when we noticed a woman sweeping off her back-yard walkway. There was a car in her open garage. We approached her and when I got closer I showed her the pistol and said, "Lady, we‘re in real bad trouble, you won't get hurt, we just need your car." 

She said the keys were in the house. We entered the kitchen and she took the keys off the hook. I tossed them to Bobby just as her little girl appeared. "Hi Honey, go with Mommy," I said as I placed them in a nearby bathroom. On the way out I pulled the phone cord out and got in the car. As we drove away we had no idea where we were, where we were going, or how to get there.

Approximately twenty minutes later we reached the town of Oneida, N.Y.. I reasoned that the woman must have used a neighbor's phone by then to report us and her stolen car, so we had to ditch it. At a small cab stand, Gala's Taxi, we hired a cab to drive us to Utica which I imagined would provide us cover until nightfall. We were told a cab would return soon, so I paid $20 for the $18 trip, then went to the bar next door, The Crystal Lounge to wait.

I recall thinking that the lounge would be over capacity if more than ten people were lounging. As it were there were only two old timers sitting at the bar being served by a barmaid of equal age. I ordered a beer, then walked over to the phone on the wall. As I dialed the number a news bulletin flashed on the T.V. above the bar. "The State

Police now report that the Trooper who was shot on the Thruway this morning has died on the way to the hospital. Police are searching for two or possibly three white middle-aged males believed involved in the shooting. 

I'll never forget how the two old male heads, and that of the barmaid all turned to look at the stranger on the phone. Their faces had an unmistakable, We Know Who You Are look about them, and I'm sure they saw something in my face as well. I went empty inside. No organs, no function. Everything closed down behind, “Thou shall not kill." Guilt, shame, loss, Mom, survival, sorrow, responsibility and more all flashed through my mind. It was the single most agonizing moment of my many moment life.

I replaced the receiver and walked back to the bar where I drank my beer and said, "Have a good day." I left the bar feeling their eyes push me out the door.

The taxi was waiting with my zombie-like co-defendant who had heard the report on the cab's radio, Our driver was William Jones, whose identity I learned when I insisted he be called as a witness at our capital punishment trial ten months later. William Jones's contribution to my life is that he helped save it simply by his honesty. Despite the opportunity to lie or embellish the facts to appear a hero/celebrity to law enforcement or small town friends, Mr. Jones simply told the truth. The truth was that during the drive small talk was shared that included the shooting report. He testified that we would probably run into on of the roadblocks being Set-up. More importantly, he stated that at no time was he harmed, felt threatened, or ordered to evade the roadblock by us who by that time had nothing to lose. He testified that within twenty minutes we ran into a roadblock on Rte.5, in Sherill, N.Y., where Bobby and I were taken from the taxi and ordered on the ground, hands on heads, bellies in the dirt. 

What William Jones couldn‘t testify to, and what I would later learn, was that, notwithstanding the millions of square miles; its 62 counties; its hundreds of thousands of roads that criss-cross New York‘s upstate landscape, that patch of ground where our bellies met the dirt was the exact patch where in 1970, Martin Fitzpatrick executed the Sherill sheriff and his deputy after robbing a Canastota gas station.

And so it came to pass that, "Ce sera sera, " and a patch of New York terra firma brought the upstate stranger, Martin Fitzpatrick into my life in a most macabre manner. Regrettably it didn't end there for me, for what was to be was the first mandatory death penalty trial, compliments of Fitzpatrick, and conducted in a cash poor county on a cash poor me.

The die was cast, and the cast of characters along with legal skullduggery was soon to follow.

End of Part I


John Ruzas 75-C0385
Green Haven Correctional Facility
P.O. Box 4000
Stormville, NY 12582-4000

The Atrocity of Sunsets: The Death of Childhood in Michigan

$
0
0
By Chris Dankovich

When my great-grandfather Jan (a Slavic John) came to America, it had been five years since he was released from an Italian prisoner-of-war camp. This was World War I, after the Italians had switched sides to the allies, away from the Austro-Hungarian Empire that had conscripted him. He had been shot through the jaw, taking out a row of teeth. The bullet stopped by his wisdom tooth (which fortunately had come by this point in his life, 19 years old). There are no purple hearts or corresponding rewards given when you are on the losing side, so he returned to the newly formed Czechoslovakia without anything to show for his sacrifice, probably grumbling about how he, a Magyar, had been separated from what he considered his homeland of Hungary by a few miles of re-drawn border. He took the gamble that is America, and, after earning money in Pennsylvanian coalmines and working Detroit steel, he sent for his wife and two children.

My grandfather John (John, son of Jan, son of Jan, son of Jan...) arrived on the RMS Olympic, sister-ship to the Titanic. He worked hard to learn English, and by 9th grade he was completely caught up with his age group in school. The next year, Great-Grandpa Jan took John Jr. (apparently they lost track of what number Grandpa John was supposed to be, though he would have been at least John VI if anyone would have counted) out of school and signed him up for the mines in Michigan. A standard physical before hiring showed Grandpa John had tuberculosis. He was promptly sent to Maybury Sanitorium (sanitarium for mental sanitation, sanitorium for physical sanitation) in Battle Creek, Michigan. A prisoner of disease, but also free: he was roommates with future comedian Dick Martin of “Rowan and Martin's Laugh-In” (there's a picture of the two of them mocking Hitler, Charlie Chaplin-style in 1939); they edited a sanitorium newspaper and finished their High School educations and began college. Getting out, he got a scholarship to a university and went to work as an engineer at General Motors instead of the coalmines.

My father James (Grandpa broke the tradition of naming his eldest son John) was a never a prisoner of anything, except, perhaps at times, his mind. He went to school to be a teacher, but found, after less than one school year, that he didn't like teaching. So he went back to school to become a chiropractor. This was the 1960's. He was a hippie, growing pot, selling acid (a roommate who was the main salesman drank the beer that they had dissolved the LSD crystals in and went crazy. ending up in a sanitarium before joining the Branch Davidians). He was lost, trying to find his way. And he became a chiropractor, one of the most successful in Michigan, taking care of the rich (and occasionally famous) in the metro-Detroit area. An American success story: from serfs to the top 1% in three generations. 

This isn't an American success story. This is more of an American failure story. Every day across the nation, children -- 13, 14, 15, 16 years old-- are put into adult prisons. I'm one of them.

The room was white. The walls were white. The ceiling was white. The floor may have been white. The only object in the room, apart from the mattress on the floor (gray!) was a stainless steel toilet, which in the light reflected white. And the light, the cold, biting fluorescent, shone strong and white and never dimmed, even at night.

Opposite the toilet, the entrance to the long, narrow room was almost all glass, which looked out upon a grand, horseshoe-shaped hall, just as white and just as barren. Out there the walls were white, and the ceiling was white as well. The lights were the same artificial white. And that light was amplified by the "bubble" of mirrorized glass: the bubble, which turned what would have been a square-shaped room into a U-shaped one, lined with mirrors that would allow them to see us, but us only ourselves. There was nothing else to see in this room of perpetual, artificial daylight, no actual daylight or means of knowing if the sun had yet risen or set. There were no clocks to tick away the seconds, minutes, hours: to allow us relation to others on that vital but often forgotten fourth dimension (no, not space, for we knew exactly where we were) --time-- the one thing that becomes most terrifying once you have enough of it.

It was as if the humanity had been bleached from the room. Apart from the delivery of meals --spaced relatively equal distances apart-- when I could ask the time, only shadows of life could keep me company. There, to the right, a message on a window: "100% Jamaican," written in toothpaste and feces. But having remnants of a human being's thoughts is not the same as having the actual person around. Though there, and sometimes I could see something move out the corner of my eye, I was alone. 

I was in the “hole:" someone said it was the "Psychological Hole" of the county jail. I was there because, as an adult at 16, I couldn't be placed back with the juveniles, but I couldn't be placed with the adults either. So they put me where they had room. As I sat there, sometimes thinking, sometimes staring at the wall, sometimes napping (because without knowledge of time passing there can be no true sleep), I wondered whether it was called the "Psychological Hole" because this was where they put people who were crazy (like my Jamaican friend to the right), or where they put people to make them so. Was there a distinction? Did those charged with care for our safety and the safety of others care themselves?

I started off my incarceration at 15 years old in Oakland County Children's Village in Michigan, a secure juvenile detention and holding facility. The bathrooms were cleaned thoroughly every day there while the rest was cleaned only occasionally, and so the only parts of the facility that didn't smell like urine were the bathrooms themselves. Most of the kids there were between 13 and 16, some younger, a few older. They stole cars, sold drugs, got caught having sex with their girlfriends (or occasionally boyfriends) often the same age as they were, making it statutory rape. Some were incorrigible, some were disrespectful, some gave up their snack to the new kids to help them feel more comfortable. The staff was professional, sometimes strict, usually willing to offer advice, but, like most kids, the "residents" sought out their guides and role models in their peers. Each "pod" of resident children was generally kind and fairly gentle-worded to each other, though it would only take one bad apple to turn them into rioters. There was a tension in these kids: most had seen violence, many had experienced it. Most were prescribed some sort of medication: many were doped up to the point of barely functioning. Most regularly did drugs before going there: many started their drug abuse with the drugs they were prescribed. We would sit in the corners of the pods, at the picnic tables with the laminate chessboards on top, and trade tips on what to say to get the psychiatrist to prescribe us whatever we wanted, where to score good weed, how to steal a car, where the children's shelters were if they were being abused at home. There was one kid, Dmitry (11 years old), who would hide under those tables and cry whenever the staff or other residents got angry at him, and wouldn't come out for anything (except, occasionally, if I talked to him). He was in there for molesting someone or something --a biological or foster brother, sister, a neighbor, the dog-- as he had a Criminal Sexual conduct (CSC) charge. He was doped up on the highest level of Adderall (multiple doses of 30 mg) and CDB anti-psychotic Seroquel (a thousand milligrams just in the morning) I had or have ever heard of.

Once sentenced as an adult, at 16, to adult state prison, I couldn't stay in juvenile detention, and I was taken to the county jail, and then, the next week, to the state prison intake center in Jackson, MI (fun fact: this is the original home of the Republican Party in the 1800's when the party began as the anti-slavery party: now the town's economy is completely centered around its prison system, once the largest in the world). I was the only juvenile (though, having been charged as an adult, I was no longer a legal juvenile; now I was a “Youthful” adult) there, out of thousands of men, and I was kept in a separate, caged off area in one of the massive cell blocks. The prison looked just like the movies, a lot like the prison on Alcatraz where I visited on a family vacation two years before my incarceration. Rows and rows of steel-bar enclosed cells, tiers stacked upon each other. The porter who would clean the floor in front of my cell every few days (the only prisoner I really had any contact with) felt bad that I didn‘t have any tobacco. He said that it was the only thing that made life bearable in there.

I was transferred to the next prison in two weeks, whereas the normal amount of time is two to three months (being too young for general population again, I had to be escorted everywhere I went, which I’m sure grew tiresome for more than just myself). I arrived at Thumb Correctional Facility's "Youthful Offender's“ Side (Michigan's only prison for adult prisoners ages 13 to 18, though some stay into their early 20's), seven months after I turned 16 years old. I joined some 400 other "youthful" adults in the two units reserved for us, set apart by some fencing and a building we shared with 800 "adult" adult prisoners.

A state whose forbearers eliminated the death penalty due to the moving temperance speeches and last words delivered by a man who killed his partner in a drunken rage and remorsefully walked to the gallows, Michigan has a history of treating those of its citizens who often cannot legally drive a car, smoke, drink, or consent to the touch of another excessively harsh --the harshest, in fact, in the entire world. While the United States of America only officially stopped executing juveniles in 2005, it had been many, many years since any juvenile was actually executed. Instead, states have taken to sentencing juveniles to life in prison without any possibility of parole or early release -- sentencing them to live out the rest of their lifespans (the average lifespan for a juvenile serving life is 52 years) and die in prison. Michigan took the lead, sentencing its juveniles to life without parole at a higher rate than any other state or country in the world. Before the United States Supreme Court banned the practice in 2012, Michigan mandated that any juvenile found guilty of any amount of participation in a premeditated murder (even if it was a plan that wasn't carried out) or a death caused by anyone during the commission of any felony be sentenced to the state's maximum sentence. Hence, Kevin Boyd. who at 16 gave his estranged mother the keys to his father's house, which she and her lover used to rob and murder his father, receives the same penalty as John Norman Collins, a serial killer who cruised Michigan college campuses raping and murdering students. Hence, Cedric King, who at 14 accompanied his older brother to the apartment of a man who was subsequently shot in the leg by the older brother (the man survived) will die in prison (for his charge of conspiring to kill the man) while Charles Manson currently is eligible for parole. Hence, Nicole Dupree, who at 17 sat in restaurant while her older boyfriend excused himself and secretly left to rob and murder a woman whom Nicole had cared for (Nicole always maintained she knew nothing of the crime) will spend the rest of her life incarcerated while Gavrilo Princip, who started World War I by assassinating the Archduke of the empire my great-grandfather was conscripted by (along with the Archduke’s wife and others) as part of a terrorist organization, got sentenced to 25 years because the early-20th Century aggressive dictatorship held that it would not condemn a juvenile to die in prison by any means.

I recently watched an episode of Law and Order: Special Victims Unit where a teenage boy was accused of a heinous crime. Detective Stabler, the archetypal hardened detective who plays by his own rules but also has a soft, compassionate side, makes it his mission to find out why the tragedy happened --what made the boy capable of such a thing. The other detectives in the unit debate the culpability of children and investigate leads that might mitigate the boy's responsibility. The unit psychiatrist, soft-spoken but determined Dr. Hong performs a forensic psychiatric evaluation on the boy right there in the station, looking and seeking out what may have happened to the child - with the child -during the crime, eventually discovering the boy was far from an adult, far from a sociopath, far from malicious. They guided the boy through the criminal justice system, eventually convincing the judge to have him treated instead of punished. 

When you are a child and are charged as an adult with an adult crime (there are many crimes other than murder that will make a 14 year old a legal adult), the experience is far from the movies or a Law and Order episode. There are no safeguards for you. Justice will not seek out understanding to why the alleged offense occurred, what led up to it, the psychology, reasoning, or capacity of the child perpetrator. If anything, you are considered potentially more dangerous than an actual adult criminal because, "How could you be so young and still be capable?" But no one will go out of his way to find out that answer (unless your parents, who have full legal decision-making authority over your defense, hire a professional... but that assumes they know to, know how, have the money, and care). No rehabilitation is sought for you, nor is any offered. From the moment the prosecutor decides to charge you as such, the only option available to your future is straight, hard punishment and suffering. The only thing you can do is try, as a child, to argue against an adult well-versed in the law and whose many years of schooling and experience have gone into beating you, that you deserve less than everlasting damnation. Your only ally is your attorney, whom you did not hire (and could not have, as you cannot legally sign a contract and probably have no money anyway), and who, if representing you as a juvenile facing a life without parole sentence in Michigan, has a 38% chance of having been publicly sanctioned or disciplined by the Michigan Bar Association for egregious violations of ethical conduct (though, in any given year, only about 0.3% of Michigan attorneys are reprimanded in such a way).

Most Michigan counties have some sort of juvenile detention facility like Children‘s Village, and the state itself runs a few that are designed to both treat and secure juvenile delinquents instead of directly punishing them. After the late 1980's predictions of child super-predators and 1990's reality of Columbine-like school shootings (none of which occurred in Michigan), former Governor John Engler gutted much of the funding and directly closed most state juvenile facilities and mental institutions (the latter of which at one time were considered some of the best and most innovative in the world). The physical plants of the properties and assets were liquidated as well, and emphasis was shifted to the more "cost-effective" outpatient and county treatments and programming for both. These outpatient treatments and programming never really got off the ground however, and the juveniles and mentally ill instead began being pushed into the state prison system (while still cost-effective in the short-term, as a prisoner costs about half as much to house as do juveniles or the mentally ill who need treatment, prison sentences tend to be for longer than those individuals would have been treated for. A juvenile sentenced to life without parole, for example, will cost an average of $2 million over his or her short lifespan). Engler, whose term also saw the implementation of the automatic waiver system --where children 14 years old or older are automatically "waived" to adult court if even so much as charged with a serious crime, eliminating a judge's discretion to even possibly decide to try the juvenile in juvenile court-- is still hailed by many state Republicans as the state‘s premier conservative for balancing the state budget (much of which was also accomplished by negotiating the sale of Michigan's Great Lakes water rights to foreign governments and corporations in China and France). Other states' leaders have been more blunt in recent years over bestowing the responsibilities of adulthood on juveniles as young as eleven. Former Arkansas governor, presidential runner, and current Fox News Channel show host Mike Huckabee brags in his pre-presidential run autobiography about how, after a thirteen year old and his eleven year old brother opened fire on an Arkansas middle school, he lobbied his state's legislature to pass a bill that would have enabled them to be tried and sentenced as adults to life in prison. Interestingly, fellow ultra-conservative show host Bill O'Reilly, a former teacher, has advocated for the elimination of automatically treating juveniles as adults in almost all cases.

About half of the juveniles at Thumb Correctional Facility's Youthful Side are sentenced under the Holmes Youthful Trainee Act (HYTA). HYTA's are youth from l3 to 21 who are sentenced to adult prison for up to three years, after which they are released and their records expunged. Many of those with less serious offenses, who at one time would have been sent to a juvenile detention and rehabilitation facility, end up with HYTA. They take GED classes and one of two vocational classes when there's space available (taught by adults like myself who teach, tutor, and review lessons with them under the supervision of a teacher) for one to two hours a day, and are locked in their cells (in what used to be maximum security units designed to hold some of the state‘s most dangerous adult criminals) for most of the remainder of the day.

Most of the rest of the juveniles there (bearing the full legal adult burden of their mistakes) will be eligible for parole, though about a third won't be until they have served more time in prison than they have already been alive. Only a small percentage of these youth are serving life without the possibility of parole. But there is Christopher Bailey, who has severe cerebral palsy and can barely walk even with the aid of crutches, sentenced to a minimum of 10 years in prison at age 14. "Sharkboy" Walker, autistic and with a diagnosed emotional and intellectual age of seven, received a sentence of a minimum of 12 years, also at 14. Juvenile adult prisoners are disproportionately of color, disproportionately poor, disproportionately missing one or both parents (who, again, have control over their defense) from their lives, disproportionately mentally ill. Once they leave Thumb Correctional Facility for another prison, they are at a disproportionate risk of sexual predation and rape.

The rest of the world (except for America and Somalia) officially recognizes the difference between juveniles and adults in terms of ability to navigate their criminal justice systems and the juvenile‘s level of culpability regarding their responsibility for crimes they are found guilty of. In America the mantra repeated by lawmakers and prosecutors who advocate these harsh adult punishments for juveniles is "Adult Time forAdult Crimes." This was the title of a Heritage Foundation report, which argued that the United States could not be in violation of international human rights norms as the United States is the only nation that has refused to sign and ratify the United Nation's Convention on the Rights of the Child, which mandates that "A.) No child shall be subjugated to torture or other cruel, inhuman, or degrading treatment or punishment. Neither capital punishment nor life imprisonment without the possibility of release shall be imposed for offenses committed by a person below eighteen years of age: B.) No child shall be deprived of his or her liberty unlawfully or arbitrarily. The arrest, detention or imprisonment of a child shall be in conformity with the law and shall be used only as a measure of last resort and for the shortest appropriate period of time… "

I have known some juvenile adult prisoners who are psychopaths...predators...dangerous people. Something rarely considered in regards to prisoners is that they too have families, friends, and loved ones. There are some "Youthful Offenders" I would never want free and living near the people that I love. There are just as many who come to prison, perhaps with problems, perhaps somewhat antisocial, but for making a mistake (like a fourteen year old breaking into a house down the street while the owners were away), who are transformed by adult prison culture of criminal instruction, violence, and domination into something they weren’t before, something scary. Perhaps the scariest aspect of the change in these juveniles is that it didn't have to occur. And there are many whom, with guidance and opportunity, would grow up to become actual adults and assets to society. Impetuousness is usually outgrown. Young adults learn that their mothers, fathers, brothers, older friends are not gods who must be obeyed --individuals that, as juveniles, the youth often could not emotionally, intellectually, or sometimes even legally separate themselves from. Incarcerated youth will not get these opportunities, and many, should they somehow manage to sow and reap these traits in the emotional desert of prison, will never have the opportunity to prove to others the men and women they've become.

Were my great-grandfather Jan to have stayed in his ethnic homeland instead of coming to America, and I had been born (along with the juvenile offenders at the Thumb facility) in Slovakia or Hungary, childhood would have been a time to mature into an adult, no matter the mistakes of youth. Instead, for many, youth begins as a period of abuse and violence, only for them to be condemned to a never-ending future of abuse and violence. One of the principles that the United States and other liberal democracies around the world are founded on is the idea that those subject to the authority of a governing body must have the ability to have some say in the governing processes. Should a juvenile of any age, who has almost no legal control over his or her life (due to the fact that their age group has been deemed unable to be responsible for their decisions), be held equally as responsible and treated and punished exactly the name as a fully autonomous adult when they violate (sometimes at the behest of those with authority over them) the laws of a legal system they know nothing about and have no say in? 

What are your teenage years for? Are they to learn? To mature. to grow up, to became an adult? When exactly does one become an adult? At 13 you can be tried as an adult--at 14 you are often automatically so if charged with certain things. At 16 you can drive (with many, many conditions), or become an emancipated minor (but there's the qualifier in the sentence—a minor still). You may be able to consent to sex with a lover. Before than you can never know the intimate touch of another, not legally. At 18 you can vote, smoke, buy a gun. You certainly are no longer called a minor. Most graduate high school. At 19 you are in the final stretch of that seven-year sentence of being a teenager. Are you an adult now? Is it automatic? If not, in those last few months, weeks, days, hours before your twentieth birthday, do you become one? Can you feel the transformation, adulthood suddenly "there?" Or is it gradual, not a specific moment in time --a process, a gauntlet, a crucible, an evolution of gained rights? 

Where is childhood? It was there at Children's Village, in the cries that life was over after being sentenced to nine months in juvenile programming, in pills snorted to make the unbearable burden of youth pass quicker, in the childish faux attempts at escape by climbing the twenty foot inverted fence in broad daylight, inches from security staff. It was there in the sharing of cookies at snack time, in the thought that ingesting certain chemicals really could make the world a better place and the pain go away, in the belief that when we die, we come back as a blade of grass (to be cut down again?).

There is no childhood in state prisons. It is a place of men, not of boys; men who stand up for themselves, who fight for themselves, their honor, and their greed. Their advice --stand up straight, keep your head up, don‘t walk so fast, start doing pushups ("But I already do multiple sets of 75."“You do? That can‘t be--you're so small“). Sometimes taunts from those who thought I couldn't or wouldn't do anything back. Sometimes sympathy --hands reached out to shake: kind words: writing on the underside of my sink (next to gang graffiti) that read, "God loves you" and “Everything gets better." For thousands of children across America, it doesn't.



Sources for The Atrocity of Sunsets

Pg. 4--“(fun fact: this is the original home of the Republican Party..." The Jackson. MI Historical Society
Pg. 5--"A state whose forbearers eliminated the death penalty due..." The New American Encyclopedia. Volume M. Published by Grolier Inc., 1998
Pg. 5--"...the United States only officially stopped executing juveniles in 2005..."Roper v Simmons 543 S.Ct. 569
Pg. 5--"...average lifespan for a juvenile serving life is 52 years..." National Center for Juvenile Justice Easy Access to Juvenile Court Statistics 1985-2008
Pg. 5--"Before the United States banned...mandated...any juvenile...be sentenced to the state's maximum sentence."Miller v Alabama 132 S.Ct. 2455
Pg. 6--"Kevin Boyd...""Cedric King...""Nicole Dupree...
"Christopher Bailey..."Basic Decency --Protecting the human rights of children A pamphlet published by the American Civil Liberties Union of Michigan, 2013
Pg. 6--"...Gavrilo Princip..." The New American Encyclopedia, Volume P. Published by Grolier Inc.. 1998
Pg. 7--"...attorney...has a 38% chance of having been publicly sanctioned...for egregious violations of ethical conduct..."Basic Decency --Protecting the human rights of children A pamphlet published by the American Civil Liberties Union of Michigan, 2013
Pg. 8--"...juvenile...will cost an average of $2 million..."
Second Chances: Juveniles serving Life without Parole in Michigan prisons American Civil Liberties Union Juvenile Life without Parole Initiative, 2004
Pg. 8--"...automatic waiver...children 14 years or older are automatically 'waived' to adult court..." Michigan Compiled Laws §764.1f
Pg. 9--"Holmes Youthful Trainee Act..." Michigan Compiled Laws
§799.81
Pg. 9--"Juvenile adult prisoners are disproportionately of color...poor...missing one or both parents...menta1ly ill.” Easy Access to Juvenile Court Statistics 1985-2008 National Center for Juvenile Justice
Pg. 9--"...they are at a disproportionate risk of sexual predation and rape." Juvenile Justice and Delinquency Act of 1974 (42 USC §5633)
Pg. 9--"The rest of the world (except America and Somalia)..
International Covenant on Civil and Political Rights and Convention on the Rights of the Child (United Nations Documents "A/6316" and "A/44/49") Pg. l0--"Adult Time for Adult Crimes..."Adult Time for Adult Crime: Life without Parole for Juvenile Killers and Violent Teens Heritage Foundation report, 2009



Chris Dankovich 595904
Thumb Correctional Facility
3225 John Conley Drive
Lapeer, MI 48446


I am a tutor/teacher, a writer, an artist, and I have been incarcerated since I was 15. I am proud to say that I've helped over 100 young men earn their GED diplomas, and that I've been published in the Harvard Educational Review, The Periphery Magazine, The Michigan Review of Prisoner Creative Writing Volumes 3, 4, 5, and 6; won second place for essay in the 2014 PEN prison writing contest, and have been accepted to be published in FENCE magazine and placed third in non-fiction in Vidahlia Press's 2014 prison writing contest.

The Other Half - Part Two

$
0
0
By Steve Bartholomew

To read Part One, click here


Charlie floored it.

The cop leapt up onto a shelf of air a foot or more above his own hood. The hollow clatter of clipboard and flashlight bouncing off sheet metal as the Jeep passed.

They came out of the parking lot sideways, accompanied by the headlong thunder and shriek of automotive rampage. Behind the wheel Charlie was knuckle-white and angular, his face showing nothing. The four-wheel drive made for an unruly drift, the tires lurching unpredictably. He felt the center of gravity heave up and shimmy before he remembered to ease off the throttle while counter-steering.

This was a five-lane thoroughfare wending through forestland between affluent suburbs, an upscale parkway lined with a dronish species of strip malls. Its curves were unbanked, designed with leisurely drives and rush hour in mind. He kneaded the throttle deeply, working the mechanical sweet spot between terminal velocity and control, exploring the limits of factory metallurgy.

The fluid geometry of flight. He swept back and forth across all five lanes, trimming radial degrees from shallow curves. The headlights were switched off for concealment, and the better to spot approaching vehicles while pushing a hundred and ten in oncoming lanes. He glanced at the rearview. The distant red and blue colorsoaking of roadside trees behind them. Here we are. You may drive for a living and maybe you’re better at it than me, but I’m willing to drive for our lives.

"He‘s back there," Moira said, turning around fully in her seat, "he‘s coming fast."

"Sit down. I told you," he said, as if to the mirror, "put your seatbelt on."

"You don‘t have yours on."

"I'm a little busy here. Just this one thing. All I'm asking."

"Fine," she said, and crawled across the seats, reaching around his middle to grab the belt beneath his arms, tugging it across him and fastening it. She pushed herself back to her side and fastened her own.

"Jesus. Keep your ass in the seat. Sometimes, girl."

"You want to put me over your knee?"

"Beat the dimples out of you, is what I want to do."

"Throw me down and choke me like I'm rented? It's okay if you say yes."

"By the half hour. And you can keep my deposit."

Up ahead, trees lining a bend in the road took up the glow of approaching headlights. Charlie swung the wheel, swerving to the opposite edge of the road as a box truck flew past in the other direction.

"You're sweet for saying that," she said, "I might hold you to it later, like I did last time."

He knew she was trying to bolster his confidence, to remind him that he was skilled at the art of eluding. But he preferred to think of every chase as his only chase. To have faith in a winning streak is to underestimate your opponent. A couple weeks earlier, a sheriff had spotted them as they were leaving Bellingham. As he ran through the gears, he told her to talk her dirtiest, because the distraction would keep him from overthinking instinctive maneuvers. After he'd outrun the county mounties, they holed up, car and all, in an abandoned barn that leaned cartoonishly to one side. Even the best hide is a bust, he told her, if you come out one minute early.

They crept to a boarded window and stared through the cracks, watching hand in hand because touch carries a trustworthy bandwidth of information. His fingers twined between hers, and he could feel the quickened pulse in her thumb. The dried traces of animal in each inhale, the grip of uncertainty loosening gradually with each exhale.

Evasion can lace the blood thickly and he felt it build like a thunderhead, a tantric rush crackling across the air between them. She looked lethal in the rising dust, hushed end smokey with intent, daring him wordlessly like a character in a smutty plot. Daylight seeped through cracks and knotholes, and as it died away he could feel their chances improving. Something about the play of light-stripes on her skin made him claw the ground, firmly alive and primitive. He pulled her down roughly, whispering demands he'd stored up on the way there. Even the stagecraft felt real, a textured scene stolen from the world-beyond, and he lost himself in the role of the toying villain while she played captive in the hay.

The distance to the pursuing lights was impossible for him to gauge at this speed, but he thought their lead might be increasing.

"Seems like I was the one doing most of the holding, the way I remember it. Which, I'm not complaining."

"I want to have to make up a story this time, why I'm walking funny tomorrow."

"Tell them you fell on a doorknob again."

She lowered the window a few inches and flicked her cigarette into the roaring wind. Then she hit the switch to reseal it. "Does it make me way complicated? Because I'm all 'Respect me, but ransack me like I'm stolen first?'"

"I’ll respect your brains out."

"Prove it. Get us somewhere I can be noisy."

The Jeep had a little gumption left, he knew it would do maybe one twenty, but he could not remember the lay of this road. Whether a given side street was a cul-de-sac or an alternate route, he had no way of knowing. He cursed himself for not at least studying a map before being tested in the actual territory. He could feel a peculiar floating sensation, the quirky physics of drag and centripetal force contesting with suspension designed for gravel roads and soccer games.

The State Patrol precinct was somewhere up ahead, one of the hives sure to be emptying by now and swarming towards them.

Charlie came down hard on the brakes, swinging into a wide arc that would bring them in line with an intersecting road that led sharply to their left. It took them up a steep grade. He could see that it disappeared farther ahead, winding into the forest that covered the foothill above. He took the first right, breaking line of sight with the parkway, and slowed enough to not draw attention. Darkened upscale houses set back from the winding curbless street.

"Oh," she said, "I feel like I've been on this road before."

Moira claimed to remember her own birth. She had described the event to him in terms of its pathos, the watershed expulsion, and how this had congealed into a motif throughout her life. She would never admit as much, but Charlie wondered if she'd let this inform her expectations ever since, looking for the sayonara lurking behind every smile or hidden within a fuck. He pondered the weight of blaming your life on your own birth, and how that might become self-fulfilling.

"I‘ve been to that house before. That exact one. I think maybe inside it."

Charlie wondered whether this was another instance of the deja vu she experienced so strongly sometimes.

"Which way then?" he asked, hoping her comment related to an actual event.

"I don't know. It‘s not that specific. It‘s more a feeling, like reading the past, I guess."

"So we're talking post-diction, as opposed to prediction. This is what you're telling me. Like reading your own palm. Not the most useful thing at the moment, I have to say."

"Post-diction isn't a word or a thing. And you‘re a condescending prick sometimes, that's what I'm telling you." She turned toward the blackened window before continuing. "What else I can tell you is that your palm is in your future. How's that for a useful prediction?"

"So you got a reading about this neighborhood, one way or another?" He caught himself dressing the word "reading" in snark and instantly regretted it.

"Just that I wish I was riding through it with anyone but you right now. You‘re a bastard."

They came around a curve and on their right was a low-slung school, an array of portable classrooms arranged about a central building. Charlie swerved into the small parking lot, bouncing over a curb and onto the lawn. He drove along a narrow sidewalk that led between two of the outbuildings and then turned, steering them up a small grassy bank behind the school and out onto a playing field.

Surrounding the field was a thinly wooded greenbelt, younger maple and alder among a smattering of old growth. Beyond the far edge of the field the elevation rose sharply to the crest of the ridge, maybe a hundred feet higher than the school. He nosed into the woods below the rise, threading carefully through the gaps between trees, dropping the transmission into low gear to crawl over fallen limbs and through brush as tall as the windows. The condensed dark beneath the evergreen canopy made him feel myopic.

He killed the engine and nodded at Moira. After getting out slowly, they leaned into both doors, half-latching them. The powertrain ticked and sizzled like a recent wreck in the wooded stillness. He waited for her to pick her way through the dense groundcover and around to his side. Taking her hand, he pushed through the foliage, pulling her along.

At the base of the embankment she pulled up short and looked up at the stubbly clay rearing far above them. Milky light bled through the dark along the crest. "I can't," she said, "Not in these." 

He knelt at her feet and, placing her hands on his head he lifted one boot at a time, snapping the six-inch heels off and tossing them into the brush.

"These were my favorites,” she whispered.

"Sorry. You can take it out on me later."

He grasped her by the forearm, their wrists intertwined so that she could hold onto him, and in this way he began towing her up the steep incline. He would scrabble to gain a couple feet and then with his free hand grab onto a sapling, root or vine, digging his side-heels into the loam before hoisting her by one arm until she could find a purchase. The fire in his lungs spread to his shoulders, his back.

Halfway up, a branch broke off in his hand and he lost his foothold, sending them skidding backward. A racket of cascading debris announced their place in the night before he could plant his toes enough to stop their descent, his hand clawing dumbly at scree. "Charlemagne, I'm scared," she said. "I don't think I can do this." She'd called him by his full name only once before, the first time they'd seen themselves on the news. She knew he thought it sounded like men's lace and French dressing.

"It's only a few more feet," he lied, and began towing her upward again before her reluctance could gain inertia.

At the crest of the cliff they came to a wooden slat fence. He raised up on the balls of his feet and peered over it into a dark backyard. A split-level deck arranged with patio furniture, and in the far corner of the yard a large doghouse. The idea of facing a hostile dog made his nervous system pucker. But there was no way around without backtracking part of the way down and traversing the face of the bluff. "Take off your coat," he whispered into her ear, "and put your bracelets in your pocket. Quick." She must have felt the tremble rising in him. She stared at him, her face a jumble of fear and trust. She handed him the coat and slipped off her jewelry.

"Wait for me to jump down first," he whispered, "and try to stay calm. Whatever happens, keep going." with the leather coat held in his teeth, he laced his fingers together into a step. He lifted her until she could straddle the fence, steadying her before he pressed himself up and over. As he dropped down into a crouch, a floodlight mounted on the house blazed like an instant sun, pushing the darkness from the yard. A deep growl emanated from the doghouse. Charlie wrapped the thin black leather around his left forearm and, keeping Moira behind himself, ran backward toward the side fence.

A potato-colored pitbull came toward them at a dead run. It did not bark, instead making small anticipatory grunts as it ran. Charlie stooped, holding out his arm covered in designer leather the way he‘d seen trainers do. If dogs can really smell fear, than I must reek right now. What if it prefers balls or throats to arms?

The dog lunged, clamping its jaws onto his forearm. The impact was hydraulic violence, high-voltage jolts of bone grating against bone. Nails. The feeling of nails hammered in, sinking and tearing into his flesh even through the leather. Searing cold. His vision strobed in time with the dog's neck muscles, a vicious back and forth, drastic pressure and tugging.

The pain shrank his world, reducing all there ever was down to canine teeth and the nerves in his arm. The paralyzing shock of being consumed.

Fight thoughts flurried through his skull, discrete packets of kinesthetic possibilities, hopes really, entertained without language. But hand-to-hand tactics do not translate against teeth and claws.

His brain was misfiring from the trauma, and so he did what he could do mindlessly. He lifted. He grabbed hold of the collar with his free hand and lifted explosively, swinging the animal's weight as high as he could, and in one motion he slammed it down onto its side. This stunned it, he could tell, a reversal of aggression that confused its sense of dominance.

The jaws loosened and he pulled free his arm, motioning for Moira to run. The dog scrambled to its feet and Charlie backed away, trying to broadcast menace. He wondered if alphas ever back down. It came at him again. This time he almost didn't offer up his arm. But he could not let this dog past him, he knew she hadn't climbed the fence. When it lunged and reclamped its jaws on his arm a brilliant renewal of agony burst loose in colors behind his eyes, making the backward-driving force register slowly, unkiltering him. He stumbled and went down.

Pain is a private language you use to frighten yourself.

This is where it happens, this is how an attack dog makes a kill. He punched at the side of the dog's head but his angle was wrong for any effect.

He fumbled beneath its chest, finally gripping its front leg, near the paw. Ha wrenched it in a lateral movement, torquing it outward until he felt the wet snap and crunch of bone and joint parting ways. The dog let go and began keening, hobbling on three legs away from Charlie.

He stood and ran behind Moira to the side fence, a cyclone type woven with privacy slats. "Oh my god. Are you okay?" she whispered. Examining his injuries now would only infect his mental state, so he simply nodded. He could feel blood dripping from his hand but he could move it, or at least flex the muscles, so he figured no critical bones were broken. He peered over the fence bordering the next yard.

"Let me see it," she insisted, reaching for his injured arm. But he turned her around by the shoulders and slipped one hand between her thighs, gripping her by the crotch, his other hand at the nape of her neck. He lifted her with no thought of grace or comfort, pressing her overhead in a clumsy wrestling move, and then dropped her over the fence into the next yard. He hoisted himself up and over and they ran to the next fence. He lifted her again.

They ran through the hollowed-out landscapes behind the row of houses where the other half lived, past the darkened windows of the sleeping. The stillness felt combustible, as if they were poorly contained sparks edging alongside tinder. He focused intently on listening for the sounds of pursuers, dogs or both, until the blood rushing through his ears started taking on imaginary meaning.

There was a wobble in Moira's movements, a telltale slowing. Exertion and the mental strain of being hunted can bleach meaning from the moment, and he could see the detachment in her face, pale as prison-bread in the dimmest light. She was looking blankly to him for the next move, to somehow divine their exit strategy. His leg muscles were approaching failure and his arm was a kaleidoscope of pain. He knew there would be no more lifting or running. He gestured for her to wait, and she stood there fingering her hair. Her eyes were wide and seemed to drift across their surroundings.

From the rear of the property he could see through a break in the trees a narrow swath of the valley below. Red and blue lights trickled toward them in discrete streams. The gathering mass of lights pulsing somewhere below meant roadblocks. In the middle sky were the blinking blue markers of an approaching helicopter. The visible signs of the snare being tightened. He scanned the yard for options, for somewhere to hide. A lattice arbor covered in vines, clusters of broadleaf bushes and small decorative trees. A rectangular patch of earth, a garden maybe, and along the far side a tall privacy hedge. Two towering fir trees blotted out much of the sky. Near the back fence was a compost box made of landscape timber, maybe three feet deep and eight feet to a side.

Charlie climbed onto the great pile of rotting grass and prunings within the box and shoved in both hands up to his elbows. Moira stood a few feet away, keeping watch while he lifted out clump after clump of blackened mulch, his forearms coated in a paste of blood and plant juices. The syrupy plant rot filled his lungs, his mouth. Steam rose to coat his skin as he scooped out the heavy, moist matter warmed by its own decomposition.

When he had cleared out what he thought was enough, he motioned for her to come near. She looked at the coffin-sized trench and the pile of muck beside it, and then at him. She shook her head, No Not that. He wiped his palms on his pant legs and pulled her close. Please, do not fight me this once. Holding her head in both hands he breathed two words into her ear.

"Thermal. Imaging." He gave her a look that said, This is the only way. He wrapped the punctured and bloody leather coat around her shoulders.

She looked at him for a long second before moving. She lowered herself uneasily into the steaming black hollow, arranging herself on her side and leaving room for him.

Remembering the wheelbarrow he‘d seen while crossing the yard, he held up one finger in a gesture for her to wait, and crept toward it, picking his way through the pitchy darkness. In the wheelbarrow was a folded canvas tarp. He lifted it carefully and made his way back to the compost box. Wedging himself down into the warm slime facing her, he thought, this is it. No more running. We're fully committed now. Her body pressed tightly against him. Propping himself up on one elbow, he began packing around and onto them the piles of removed plant matter. The weight of it felt like damp hands pressing them warmly into the earth.

The wisps of evaporating rot enveloped them. He could taste the ferment. He left the tarp partially folded so it would not look large enough for someone to hide under. With his free hand he pulled it over their heads, just a wad of canvas someone had left atop their compost. He hoped desperately this was something people do.

Their faces were inches apart. His only view was of her eyes, in and out of dim focus. They searched his face for some reason not to be so afraid. He kissed her mouth reassuringly, a chaste lie half told to himself. Her fingers twined between his, pressing into his drying blood. He could feel her pulse outpacing his own.

His lizard-brain shrieked for flight, to somehow flee because this plan will never work and this is not a good enough hide. His thoughts took on a charged quality, the grim mental blurting of the unprofessed. She was printed indelibly on his heart, but this had seemed dangerous to express plainly--until now, and how that bracketed his general regret. He had failed to prevent what was happening, and this was an unspoken part of their pact. Because whatever you name a relationship, at its core it is a reliance.

He wondered if she could sense his sorrow, dumb and powerless. He thought about their self-entombment, the irony someone else might see in it. Why had he been unable, or unwilling to tell her she was the first human being he‘d ever loved?

They communicated in scant movements, the flex of a finger, a roll of the eyes more intuited than seen. He wanted to tell her this one thing, the words pushing toward his surface, but she either already knew or couldn't tell what he meant.

He figured there was a strong likelihood that the incident of the dog and floodlight would draw the police to this neighborhood. The homeowners must have heard the commotion and called 911. He peered through a wrinkle in the canvas.

A helicopter walked across the sky on bluish stilts of light. The swelling throb and muted chopping of another rotor, much nearer.

The canvas came alight like someone had turned it on. A tiny noise escaped her, a gasp at their sudden illumination. She had a mucky thumbprint on her forehead. Charlie squeezed her hand and moved his eyes back and forth, Not yet. The light moved on.

They lay in the racket of their own heartworks, their darksight wrecked. Time passed in a way impossible to gauge. He thought of the go-bag back in the Porsche, and the evidence it contained. They would throw him back into the stone man-hive at Walla Walla, they would throw her into the woman's prison and they would be forever broken apart without ever having broken up. This knowledge gnawed at him more deeply than that of his own imminent capture. How the final frames of a life-stage tend to outlive the highlights, enduring articles of unwanted recollection, and this, he thought, this noxious burial with something crawling up my ankle, this will be how she remembers me.

He could hear the distant approach of a well-tuned engine, idling and than accelerating, idling again. The signature whine of a police-duty alternator. The engine grew nearer and then changed pitch, surging slightly, the sound of someone shifting into park. A car door slamming. And then another. He tried to slow his breathing, eye-screaming for her to hold onto whatever she had left. His entire awareness shifted into his ears. 

The light jingle of a small latch being thrown, the metallic grating of a rusted return spring and gate hinges. The snick of a latch closing. Froggish creaking of leather, rhythmic and footstep-paced, growing nearer. The muffled clinks of steel hardware enpouched on a duty belt. And then, the sounds of stealthy movements coming from farther away, maybe in the next yard. Someone inhaled nearby, sighed. The canvas over them made Charlie unable to gauge the true distance between the sigh and their last good-bye.

And then Charlie‘s watch beeped once to signify the change of hour. Beneath the tarp it was an electronic shrike, a half- second banshee. He cringed. How could I forget this one thing, to disable my goddamn watch alarm?

Her eyes sharpened in reproach and she dug her nails into his fingers. Really? After you bury me in this? He waited for the hand that would yank back the canvas.

“Was that you?" a male voice half-whispered from a short distance away, maybe in the next yard.

Another voice answered, this one coming from directly overhead, "Think so." Charlie could feel the presence of the cop standing over them. They lay utterly still, listening to the tiny whistling in his nostrils.

Every moment was a storyline, its rising conflict played out in heartbeats and tiny breaths, each one a crisis. The creaking struck up again, moved farther away. The snick of a latch opening, the metallic grating and this time the sharp wooden clack and jangle of a gate slapping shut.

They gulped lungfuls of deliciously stale air.

The adrenaline ebbed from his bloodstream and he felt dopey, a puppyish delirium relaxing him muscle by muscle. He thought of nothing, let himself be aware of nothing but her bodyheat and the softness of compost. The weight of his eyelids was staggering.
Just for a second, he told himself, I can close them for a few seconds.

The cold woke him. The brunt of it had settled into his core, making him shiver uncontrollably and out of phase with her. Their frames were clattering against each other. She was watching him across the inches, her face half lit by the gathering dawn.

He imagined a homeowner discovering them there, and how the pursuit would start up again, this time without the cover of night. He slowly pushed back the tarp. His arm had stiffened and felt like a disorder. Fog had rolled in and clung to the trees in webbed clumps. He looked at his hand. Blood-caked sausages creased deeply at the knuckles, the taut skin glowing febrile already.

He rose slowly, moving first one limb then another, the millionfold needle jab of neglected flesh. He held out his good hand and pulled her slowly to her feet. The damp in their clothes was wicking the morning chill. She leaned against him, her shivering coming in fits now. Petting her hair, he inhaled the trace of French shampoo and plucked from her collar a rotting weed.

"Damn," she said, "I sure wish my smokes made it."

"I fucking love you."

"Are you sure you don't have a couple words backwards?"

"Even if you do look a little like a bog person right now."

"Prove it," she said, sliding one hand into the front pocket of his pants and fingering the master key there. "Take me somewhere that has heat and breakfast. I‘m starving."

"Deal," he said, plucking a worm gently off her shoulder and then showing it to her. "But this time you're leaving the tip."




Steve Bartholomew 978300
Washington State Reformatory Unit
P.O. Box 777
Monroe, WA 98272-0777

To view Steve's art, click here



BONUS!!!

Here is a video clip of a stunningly beautiful reading of an excerpt from another of Steve’s essays, "Tearing Down The House of Gemini," by Katherine Hervey



Katherin Hervey is a multimedia producer, college instructor and restorative justice facilitator for incarcerated populations. She is also a former Los Angeles Public Defender. As a multimedia producer she was the Publisher and Editor-In-Chief of Shades of Contradiction, a nationally distributed not-for-profit arts and culture magazine dedicated to promoting critical thinking and creative action; and co-founded Raw Love Productions, a multi-media production company focusing on visual storytelling. Alongside her partner Massimo Bardetti, she is currently producing THE PRISON WITHIN, an interactive web-based documentary exposing the failure of the U.S. justice system to restore justice through the stories of those most impacted.

Katherin first met Steve as in instructor for University Beyond Bars inside the WA Monroe Correctional Complex, and continued filming him as a character in THE PRISON WITHIN. She chose this piece, "Tearing Down the House of Gemini" because it showcases Steve Bartholomew's emotional depth - his willingness to dig deep within himself and reflect what he discovers through the creative process.

To support and join the mailing list of THE PRISON WITHIN go to:




Power and the Penal System: A transnational comparison of penal strategies and the application of power

$
0
0
By Chasity West

The United States imprisons more individuals per capita than any other country. With a ratio of 751 imprisoned per l00,000, our fervor to incarcerate is only second to Russia. This figure becomes even more notable when one considers that the U.S. only makes up five percent of the world`s population (123 help me.com). When examining transnational incarceration trends and approaches to crime and punishment it becomes evident that penal excess is not an inevitable characteristic of all justice systems; it is a choice.

Although it is a common belief among the American people that harsh penalties and lengthy prison sentences deter crime, there is much to be learned from countries that employ kinder and gentler approaches in rendering criminal justice. Hard power and soft power application in the criminal justice system yield shockingly different results. The current policies in the United States are ineffective and counterintuitive and create more casualties than corrections. Additionally, by using the models presented by more benevolent societies, particularly those that also uphold democratic ideals, the U.S. can employ more effective uses of power in creating a more efficient and just justice system.

By taking a comparative look at international prison systems and the evolution of these systems - uses of power and the results - what becomes clearer is that historic factors and flexible attitudes toward justice best determine fixture results of a system`s failure or success.

Power, as defined in World Politics: The Menu for Choice, is "the ability to overcome obstacles and influence outcomes... [it] is the ability to get what one wants, to achieve a desired outcome through control of one`s social or physical environment. Forms of power include compellence - influencing another [actor] to halt a course of action it is already pursuing or to commence a course of action it is not pursuing" (2013, pg. 7l). In contrast to compellence, deterrence aims to influence another actor not to do something it would otherwise do. These forms of` power are employed in justice systems in different forms and degrees. David Kinsella. Bruce Russert and Harvey Starr identify a system as “a set of elements, or units, interacting with each other. It is more than a collection of entities; in a system, the elements, produce changes elsewhere in the system" (Kinsella et. al. 2013. pg. 61).

Understanding a system involves an understanding of its culture, hierarchical organizations of power and control, rules of behavior and societal influences by which it is supported. Countries that use power techniques more effectively regarding their justice system and prison management have lower recidivism rates and imprison fewer people.

In the political world, hard and soft power are tactics used to achieve certain goals. Kinsella, Russett and Star describe soft power as "a subtler form of structural power” (Kinsella et. al. 2012, pg. 72). Soft power is often a method used in influencing another actor to adopt the same values and goals that another actor possesses. Influencing another by attraction. In other words, “get[tingl others to want what you want (Kinsella, et al. pg. 72), Kinsella. Russett and Starr suggest that soft power is more efficacious and cost-efficient than its antithesis, hard power. Hard power is a more aggressive form of influence. It relies on coercion and force to influence the behavior of another actor in order to get him or her to do something that he or she would otherwise not do. Game theory (a mathematic approach to analyzing strategic interactions between two or more players) also plays a major role in the way hard and soft power tactics are used in the criminal justice system (Kinsella, et. al 2013. pg. 130, 132). These theories, though usually particular to government, can also apply to crime management and penal strategy.

Soft Power vs. Hard Power
Scandinavia and the United States

Norway implemented the prison system that exists today in Denmark, Finland and Sweden. In 1950, after these countries revamped their penal practices, the prison population dropped from 200,000 to 100,000 seemingly overnight. (The 8th U.N. Survey on Crime Trends, 2002.) This drastic decline in Scandinavia`s prison population was because of the introduction of soft power. 

Norway employs so it power techniques in its justice system and penal institutions. These tactics include providing prisoners with meaningful work and educational opportunities and elaborate post-release preparation and support services, Norwegians emphasize that education is the key to power-and empowerment. Therefore. Norway credits its low recidivism rates not just to the means it uses to achieve the end, but the objective of the end: the goal of its penal system is rehabilitation, not punishment. This differs from the United States’ "lock ‘em up and throw away the key” penal philosophy. If a system’s aim is to punish offenders, then that is what that system will produce: punished (but not necessarily rehabilitated) people.

With an incarceration rate of 66 per 100,000 and only a 20% average recidivism rate, (in the United States. this figure nearly triples) (Pratt, 2007, pg 19), Norway makes a strong ease for soft power. A shift in attitude, behavior and values in an actor (i.e. the 80% of the offenders who do not return to the prison population) is, after all, the name of the game.

It was not so long ago that Finland’s criminal justice system had much in common with that of the United States. By the mid-1960’s, in dealing with social ills, Finland deferred to similar hard power tactics that remain staples in justice administration in the United States: stiff penal policies and heavy incarceration, However, thirty-years later, the two countries reached a crossroad. Finland diverged at the intersection. Veering off the path of hard power, Finland rethought its criminal justice strategies. It was then that Finland decided to employ different tactics - soft power tactics - in dealing with crime. Some of these methods included more humanistic policies such as alternatives to incarceration, victim restitution, intensive rehabilitation, treatment for the mentally ill, reducing lengthy prison sentences and transforming its prisons into places that resembled and functioned more like outside society than institutions. During Finland’s more punitive days, violent crime, like in the U.S., continued to rise. But this shift to soft power led to a more than fifty-percent cut in Finnish incarceration and a decrease in crime, Finland’s current per capita rate of incarceration is at 68 per 100, 000, among one of the lowest in the world (Pratt 2007, 19).

In previous decades, the U.S. used softer forms of power and yielded similar results. From 1925 to 1975, incarceration rates remained stable at around 110 per 100.000 (Liptak 2008). But in the late 70’s this number shot up with the movement to "get tough on crime.” With the introduction of hard power and more prisons came people to fill them. Few people would question whether Finland`s shift to soft power and Americas reliance on hard power produced this dichotomy in results. Other low-imprisonment societies of the other main European countries that are on par with Norway and Finland are Sweden (82 per 100,000). Switzerland (79 per 100,000), Denmark (67 per 100,000) and Italy (66 per 100,000). It should come as no surprise that these countries all approach justice not with an iron fist, but with a soft (power) touch (The 8th U.N. Survey on Crime Trends 2002).

Hard Power vs. Soft Power
Poland, Singapore, China and the United States

It would seem as though these countries of different governments, geographies and legal systems would have little in common with the United States. But the thread that ties all of these nations together is their use of hard power in criminal justice.

Poland, with a population of 38.5 million, once had an imprisonment rate of 340 per 100, 000 (The 8th U.N. Survey on Crime Trends, 2002). Excluding the Soviet Union, China and the U.S., Poland had one of the highest imprisonment rates in the world (Cook & Davies 1999, 162). But from a communist standpoint, the high rate of incarceration was a boon to the economy, as prison labor was cheap but lucrative.

In l985, in response to an economic crisis, "new crimes were established, heavier punishments were introduced and speedier trials were ensured" (Cook & Davies pg. 162, 199). Harder forms of power were introduced into an already unraveling system. This left Poland's penitentiaries bursting at the seams. Thus, a new humanitarian policy was implemented (for women only) with respect to the administration of penal law and penitentiary practice. Though women only constituted 5.7 percent of Poland`s total prison population, this change (which included an abrupt reduction in the imposition of long-term sentences and more frequent use of conditional release) more than halved the total number of imprisoned women. Although this provision only benefited women, one might infer that the statistics would be similar if these same terms were applied to the male population of prisoners. In 1989, this inference was tested. As a result of the success of Poland’s selective application of soft power to the female prisoners and with the advent of a new political regime, Poland’s prison population (with the inclusion of men) dropped from 100,000 to 40,000 in a single year (Cook & Davies 199, pg. 67). Today. Poland has approximately 80,467 people in its prisons (The 8th U.N. Survey on Crime Trends, 2002). Traveling to the continent of Asia, hard power takes on a more literal form. Singapore's criminal laws are some of the most "extreme and consistent laws found in the world”(123.HelpMe.com). Its government still employs the use of both corporal and capital punishment (even in this day and age, there are states in the U.S. that still practice the latter). However, many Singapore citizens believe that these hard power tactics deter crime and improve the quality and value of life in Singapore."

Curiously, places like Scandinavia (Norway and Finland) and Singapore have low crime rates but very contrasting criminal laws and of course, utilize opposite forms of power. But considering that Singapore is roughly only 3.5 times the size of Washington D.C., one could argue that the reason its crime rates are so low has little to do with its deterrence practices and more to do with its size ( l23.HelpMe.com).

With a population of l,360,700,000, China, (which is far more populous than both Singapore and the United States), has l.6 million prisoners. The only other major industrialized nation that even comes close to China or America`s incarceration rate is Russia – another proponent of hard power criminal justice methods. Russia incarcerates 627 per 100,000 people (Liptak 2008). Like Singapore, China has created a justice system that aims to deliver hard blows and swift results. Considering its size, its per capita rate of incarceration is relatively low at l20 per 100,000.

Though some might believe that rigid forms of penal justice and harsh prison conditions serve as a crime deterrent, others would object to a system that uses extreme or brutal forms of coercion in penal law and prison reform. Thus, questions can be raised about hard-hitters like China; namely, do penal philosophies that embrace the ideology that prisons are for punishment care more about correction - or control and conformity?

In this respect, the U.S. has little room to criticize. That we should have anything in common with countries that "we have long derided for governance and punishment practices" that we consider cruel and unusual is proof enough that our current penal policies warrant scrutiny (Talvi 2007, 219). Even though the application of power and deterrent tactics are different in type in countries such as Poland, Singapore and China than that of the U.S., they are similar in degree.

Another similarity between the U.S., and these other countries is their recidivism rates: two out of three released prisoners returns to the prison population within three years (The 8th U.N. Survey on Crime Trends 2002). Still, some would look at these numbers and insist that hard power penal practices work.

Deterrence

Though few studies have been able to show a direct correlation between stiff penalties and crime deterrence, some commentators believe that long sentences are effective means of deterrence. Michael Rushford of the Criminal Justice Legal Foundation in The Stanford Law and Policy Review wrote, "The simple truth is that imprisonment works."

A study was conducted in Italy after it passed a Collective Clemency Bill that set free all prison inmates who had less than three years left on their sentence. To test the general theory of deterrence, the conditions of their release stipulated that if the former inmates were convicted of any crime within the next five years that they would have to serve the maximum of whatever sentence they received for their future crimes. The findings of the study concluded that even a small increase in the expected sentence was enough to reduce recidivism.

These results might seem to have corroborated that longer sentences or the mere threat of them serve as a deterrent. However, one would need to consider both individual and societal factors unique to that particular person that led to his or her relative success. No data was provided detailing crucial information about the offenders such as incarceration history, lifestyle changes, treatment received while incarcerated or post-release, education level or what kind of support system the offender had upon release.

Even in light of this study, many social scientists would still contend that it is impossible to apply game theory or rational actor theory to crime management, incarceration and recidivism. The system is so broken; therefore, it becomes increasingly difficult to predict realistic outcomes. Moreover, one might wonder whether harsh deterrence policies have much, if anything to do with one`s decision to act or not to act. Kinsella, Russett and Starr validate this point: "an action that apparently was deterred might not have happened anyway in which case a policy of deterrence is not really responsible for the outcome. Analyzing actions that did not occur, whether as courses or effects of other actions, is a difficult task for the social scientist because it involves counterfactual reasoning" (Kinsella et. al 2013. 71).

When applying this theory to crime management in the U.S, "deterrence" policies contribute to the number of people being put into correctional institutions and the amount of time they spend there. Even "ultimate" penalties like death and lifelong incarceration do little but contribute to the overcapacity of our prisons.

Game theory and rational actor theory (decision-making theory) when applied to implementing new crime laws and deterrence policies aim to make predictions about what voters will do and voters try to predict what released prisoners will do. Still, empirical date (past and present practices and the results rendered) as well as current recidivism rates are the best indicators. These facts and figures are largely determined by the type of power influencing our criminal justice system and where our focus lies (rehabilitation or retribution).

Soft to Hard Power Pass-off
From the media to the courtroom

The media is a subtle but potent form of power. It has the ability to inform and to incite. Much of the public’s perception on crime is directly shaped by media exposure.

Misconceptions about crime have led many people to believe that the proliferation of our nation`s prison population during the past decade and a half reflects changes in crime rate. Few people would guess that laws and policies, not increased crime, have been responsible for this imprisonment epidemic. Changes in law and increases in the length of prison sentences account for a prison population’s growth from approximately 350,000 to over two million in just twenty-five years (Alexander 2012, pg. 93). Michelle Alexander in "The New Jim Crow," illuminates one of the reasons behind the spike in numbers. She writes:

….most people assume that War on Drugs was launched in response to the crisis caused by crack cocaine in inner-city neighborhoods. This view holds that the rapid explosion of the prison population reflects nothing more than the government`s zealous - but benign - efforts to address rampant drug crime in poor, minority neighborhoods. This view, while understandable given the sensational media coverage of crack...is flawed. A few years after the drug war had been declared, crack began to spread rapidly in cities across the country. The Reagan administration hired staff to publicize the emergence of crack cocaine in 1985 as part of a strategic effort to build public support for the war. The media bonanza…helped to catapult this War on Drugs from ambitious federal policy to an actual war."

This indicates that there was no war or combat-worthy crisis until the United States started one. Incidentally, when the war was declared, drug crimes were declining. This would suggest that some politicians take advantage of the media and the deep and protracted effects of its power. Though the media is a form of soft power because it affects the opinions of the public with such severity that it incites drastic action, it actually translates into hard power. Although the highest media focus is on the lowest frequency crimes, highest frequency crimes get almost none and if it is talked about it is more of a broad brush. This eliminates key facts and puts false ones into the analysis and thus, contributes to our social hysteria. Oftentimes in response to this, rash and irrational changes in law emerge-a hard power response that might temporarily restore public confidence but perpetually fills prisons. In "The Origins and Development of Scandinavian Prison Systems,” John Pratt and Anna Erikson said it best, "Policies pandering to the immediate demands of perceived public opinion rather than long-term planning that are emblems of weak rather than strong states" (Pratt and Erikson 201 l, pg. l8). The government’s use (and misuse) of the media reveals the strength of soft power.

The Courtroom

Other than media influences, propagandized images of crime, "the criminal" and politics, victim’s rights is another factor in the equation of justice, In Scandinavian countries, victim’s rights are associated with recovering losses, restoration and compensation, not with the right to exercise a personal vendetta in court. Instead, carefully prepared reports offering relevant details about the offender and the offense are presented before the judge, including the offender’s prognosis for success. In the United States, victim’s rights are not contained to restorative justice. Since retribution is often the main agenda of the aggrieved, this often transforms a courtroom into a forum for the very human desire to seek punishment for one who has inflicted harm upon another.

In most state and federal courtrooms, victims are encouraged to make a statement before the Court. These statements are a form of soft power as they are designed to influence the sentencing judge toward either leniency or in most cases, severity. However, this practice prevents sentencing from being administered on the basis of objective rationality. Instead it degrades the administering of justice to mere subjective emotion (Pratt 2001 l34). Victim impact statements shift some of the sentencing power to the victim, This soft to hard power pass-off victim to sentencing judge, contributes to more people being incarcerated and longer prison terms being handed down. This practice, however, is not universal. In most Scandinavian countries, victim impact statements are unheard of. This model provides a more appropriate function and framework than what is found in common sentencing practices in the United States and also raises questions about whether some of the people who are sent to prison could have been dealt with in other ways.

Since the U.S. has a highly politicized criminal justice system, the strategy in solving the problem of high crime rates lie in redressing current policies, recognizing societal influences that play a role in how citizens view crime and punishment and rethinking the role government plays in exacerbating the existing problem. This can be accomplished if government leaders “[adjust] their preferences and strategies" (Kinsella, Russett and Star). When considering the role in which public support plays in what laws are created people must consider that:

"[p]eople in government have their own personal interests: to keep or increase their political power, their wealth, and their status within society, or to promote their values and beliefs. These and other interest lead political leaders to seek societal support in order to gain control of government, remain in office, and implement their policies. To do this, public officials must recognize and respond to the needs of society… society support can also enhance leader’s willingness to act…. Governments do not just passively respond to societal demands. They also try to shape and control them.

Thus, many of our policies are instituted by factors outside of justice and even general utility. Public support for anticrime laws and prison reform measures are often steeped in irrational fear. This fear is often fueled by media images and specific political agendas. Oftentimes, decision-making strategies of politician rather than domestic concerns play the largest role in anticrime measures such as the "war on crime" campaign. For example, in the United States, most state court judges and prosecutors are elected and are therefore sensitive to a public that is, according to opinion polls, generally in favor of tough crime policies. In the rest of the world, criminal justice professionals tend to be civil servants who are insulated from popular demands for tough sentencing. (Liptak The Times). Game theory and rational actor theory recur when rallying public support for a new crime law. Again, politicians make calculations based on what they predict voters will do. Voters want to predict the behavior of released prisoners. But that is impossible to solve unless one understands what values underpin the ideal game.

The strategy in solving the problem of the penal excess lies not only in redressing current policies, but in addressing our use of power in the criminal justice system. This involves rethinking the role of incarceration and in what way our application of hard power in penal law and corrections exacerbate the existing problems.

Scandinavian societies like Norway and Finland prove the soft power yields better results. By creating humane prison conditions, placing a strong emphasis on education rehabilitation, treatment and deferring to non-custodial alternatives where appropriate and employing moderate sentencing practices, these countries keep their prison population at bay. But most importantly, Scandinavia’s willingness to use historic insight concerning its practices makes the Scandinavian justice system one from which the U.S. could learn. Even when studying propitious models of penal justice, one must keep in mind that a truly successful system is one that prevents its people from becoming a part of it in the first place.

Countries like Poland, Singapore and China that employ hard power have proven that bullying its captives into reform might generate results (i.e. influence an actor’s behavior) but that is not correction; it is coercion and compliance. And their recidivism rate, along with ours, is evidence that that is not enough.

In the name of deterrence the United States justifies its notorious draconian laws and harsh sentencing practices, yet prisons continue to fill; proof that these hard power tactics almost always lead to fuller prisons and more returns.

Soft to hard power pass-offs by way of the media and the courtroom also contribute to prison overflow. People have the right to be informed. But they also have the right to know the truth. However, media hype often creates false ideas and instigates policies that fill prisons.

Additionally, we should understand that countries that do not condone courtroom procedures with ulterior purposes render the most effective forms of justice. One of the ostensible goals of corrections is to change an offender’s behavior so that he or she can reintegrate into society and abide by its laws. But of the three objectives of incarceration: rehabilitation, deterrence and punishment, the U.S. falls short in two out of the three of these aims.

Our answer to our failure is tougher laws and stiffer penalties for violating them. Hard power application to crime management trickles down into correctional facilities where more hard power tactics are employed to "correct" the offender. Rather than considering that maybe it is time to develop a change of consciousness as to how we view crime and punishment, we continue to rely on costly, ineffective techniques that simultaneously cause and contribute to the current incarceration crisis

Soft power does not mean soft on crime. It means that we are serious about finding solutions that actually work. Soft power application in criminal justice means that we see value in every citizen and care enough to implement policies that reflect this; policies that show that we care more about people than politics. Reparative justice for victims, restoring offenders to productive members of society, reuniting families, and repairing broken communities-this should be the chief concern of any progressive society. Adopting soft power tactics means that we are wise enough to recognize when it is time for change because penal excess is not an unavoidable feature of all justice systems; it is something that we choose. And it is time for us to make a different choice.


Chasity West 266589
York Correctional Institution
201 West Main Street
Niantic, CT 06357

My name is Chasity West and I’m a lifelong native of Connecticut.  Prior to my arrest I worked as a licensed nurse.  In 1998 I was sentenced to life without parole on a first offense. Since my imprisonment I have written dozens of short stories, memoirs, essays and poems.  I have immersed myself in many projects and programs, including writing workshops, dance and yoga classes, college courses, gardening and agriculture and drama classes. I think that prison can be a catalyst for self-reform.


Happy Holidays From Minutes Before Six

$
0
0
Dear Readers, 

As 2014 comes to a close, please join us in revisiting the highs and lows of our project over the past year.

We congratulate the following Minutes Before Six writers for their outstanding accomplishments in 2014. Eddie Rameriz was nominated for a Pushcart Prize for his story “Welcome To Hell.”  Tim Pauley and the late Bill Van Poyck had short works of fiction published in the anthology “Prison Noir” edited by Joyce Carol Oates.  And three of our writers placed in the 2013-2014 PEN Prison Writing Contest; Mike Lambrix received an honorable mention for “Hello Darkness – My Old Friend.” In the category of memoir, Steve Bartholomew won first place for “Son of the District”  and Thomas Bartlett Whitaker placed first in the fiction category for “Manufacturing Anomie” and in the category of essay for “A Nothing Would Do As Well.”  

Over the course of this year we presented you with over 50 essays. Some were penned by writers familiar to you, others by contributors new to our team. All opened their minds, hearts and lives to you in an effort to demonstrate that they are more than just numbers; they are human beings worthy of life and second chances.  We learn something new from each writer and we hope you feel the same way.

2014 has been a stellar year for our artists too.  In addition to some fantastic new art from our regular contributors, we welcomed some talented new artists, all of whom produce beautifully emotive and impressive art. 

It is a great pleasure to see our artists receive the recognition for their work. Artist Michael Fishkeller recently incorporated a drawing by Arnold Prieto, "Texas Death Machine," into one of his pieces, titled “Mourning Social Justice.” Work by other Minutes Before Six artists is being displayed in public exhibitions and donated for sale in fundraisers

On a sorrowful note, we lost two of our contributors in 2014. Tommy Lynn Sells, an artist and poet, was executed by the State of Texas on April 3. One of Tommy’s final wishes was to be remembered for something beyond his lowest moments. His art and poetry are evidence that there is beauty in each of us. Peace to Tommy and to those he hurt. Artist and writer Miguel Angel Paredes was taken from us on October 28, also by the State of Texas. To quote his adopted mother, 

“If you would like to find a great example of a life changed, this was Miguel Angel. He went from bitterness and anger and a person wanting revenge to love, encouragement, friendship and helping anyone he was able to help. He always had the same smile on his face as you see in our picture. He kept strong to the last minute of his life. He is greatly missed by those of us who got to know him and love him.”

If you like an entry, poem or piece of art you find on Minutes Before Six, please take a moment to leave a positive comment. Writers and artists receive all comments and your encouragement means a great deal to them. We get our fair share (maybe more) of negative feedback but the purely positive words are few and far between. We also encourage you to share the link of any post you especially like with others who may appreciate it.

Our contributors are open to receiving mail.  They are interested to know what you think of their writing and art and they welcome your suggestions.  Please consider reaching out to one (or more) of them and sharing your thoughts about their work. Or simply let them know they are not forgotten during the holiday season.  Holidays are lonely for many and kind gestures of any sort mean the world to those who are imprisoned.  

Minutes Before Six runs completely on volunteer energy and resources. The administrative team absorbs operating costs, and contributors create and submit work using their own personal resources. Stationary, typewriter ribbon, art supplies and postage costs add up quickly. If you are moved by the work you find on Minutes Before Six, please consider making a donation to an individual contributor whose work has touched you. Some can receive stamps by mail, and others can receive funds through JPay. You may also make a general contribution to Minutes Before Six (please specify when making a contribution).  Contributions can be made through PayPal or sent to: 

Minutes Before Six
2784 Homestead Road #301 
Santa Clara, CA 95051


We thank you for supporting Minutes Before Six and we wish you a very happy holiday season and peace and joy in the New Year!

~The Minutes Before Six Administrative Team~


Steve Bartholomew

Jeff C.

Maggie Macauley

Dorothy Ruelas with Miguel Angel Paredes

Dina Milito

Thomas Bartlett Whitaker


Yeah, We Broke It--But Won’t Buy It!

$
0
0
By Mwandishi Mitchell

All of us, at one time or another in our lives have heard the expression, "You break it, you bought it." Picture the scenario of walking into your local Bath, Bed & Beyond and eyeing a lovely vase for your coffee table. This is so lovely, you think to yourself while turning the vase around in your hand looking at the intricate pattern on the porcelain. However, suddenly you're startled by a loud noise or whatever--and the vase slips from your hands, shattering into a thousand small pieces onto the store floor. In most cases, a store like that will have insurance and the store manager will not ask you to pay for the broken merchandise. So, the cost of the accidently broken vase will be taken care of. That's the way things work out there in the real world--not for an inmate in the Pennsylvania Department of Corrections!

Those of you who have read my essay, Just One of the Consequences of Writing (The Wrong Things), know that I was administratively locked down on November 27, 2013. I was taken from my housing unit at SCI Graterford with all of my personal property still in my cell and put in the RHU (Restricted Housing Unit). All for writing some not so appropriate things that were posted online.

A few days later I received a DC-153, which is a property inventory sheet that lists all of the property that was packed from your cell while you were in the hole. Immediately, I noticed that property was missing (commissary and sneakers), so I filed a grievance. Due to the fact that I keep all of my receipts, I was able to prove that I had bought commissary and had purchased sneakers some time ago. Without these receipts I would've been up Shit's Creek without a paddle. On July 25, 2014, at my new home, SCI Houtzdale, I received a response from the Superintendent of Graterford concerning my grievance:

“It should be noted that I needed a time extension on this grievance to adequately investigate this.  This shouldn’t be held against the inmate when or if he wants to appeal this response.

This grievance was denied in accordance with policy.  It is untimely.

However, inmate does provide documentation to support his claim. Staff also verifies his claim that he had at least one pair of sneakers. Inmate should be reimbursed the amount for both sneakers.

I consider this matter resolved."

I felt a little relieved after receiving that response. I mean, out of all the grievances I've filed over the years, that was the first that was ruled in my favor! My property was stolen, through no fault of my own, and the superintendent got it right. Rarely has that ever happened for me. But, there was another incident that had to be addressed, and the attitude of the institution taking responsibility for their actions was not there.

On May 19, 2014, I was brought from my RHU cell at Graterford, to the property room early in the morning. I knew that I was being administratively transferred, but I didn't know to where. The purpose of bringing you to the property room is to make sure all of your property is there and packed properly for your transfer. The property officer plugged in my television set and saw that it worked. He also plugged in my typewriter and saw that it worked properly as well. I may have been in there for forty-five minutes, making sure my property was packed right. The officer marked that my T.V and typewriter "worked" on my transfer inventory sheet.

The next morning I was on the transfer bus.

After arriving here at SCI Houtzdale, I was called to the property room on June 02, 2014, to pick up my property. My television was plugged in and it worked. However, when they pulled my typewriter from the box, I noticed that the plastic cover had come off. This was minor, as I saw I was able to put it back in place. To my dismay though, the print drive was propped up in a position that I had never seen it in. I plugged in the typewriter and the print drive wouldn't come back down into its normal position. Not only that, the keys I typed printed letters other than the letters I was pressing!

"My typewriter is broken, man!" I say, disgusted, looking at the property officer.

"Let me see that," he replies, as he walks around from his counter. He walks around the counter to where I'm at and operates it, and sees I'm telling truth. "You're right, it's broken," he finishes with a shrug of his shoulders.

Now, I'm livid. "What are we going to do about this, sir?"

Quickly, he grabs the property inventory sheet to check it. "It does say here that it was working when it was packed at Graterford. They're responsible by policy for property that was shipped here."

"So, what do I have to do now?"

"File a grievance, Mr. Mitchell," he says lastly. And that was the end of that conversation.

On June 06, 2014, I filed the grievance to Graterford asking them to reimburse me for the typewriter they broke during my transfer. I didn‘t get a response until July 25, 2014, from the Initial Review Response Officer:

"It is, in fact, by policy the receiving institution is responsible. However, in this case the property was sent via FedEx. A claim should be put in through them.  Inmate was present while the property was packed and saw that his property was packed properly.”

Here, was another example of the Department not accepting responsibility for their own actions. The broken typewriter had nothing to do with me. It was in their hands. I appealed this initial review response to the superintendent of Graterford on July 11, 2014. Like the stolen property grievance, I was sure he would rule in my favor. Instead, on October 17, 2014, I received his answer:


“You indicate you were present when the typewriter was packed and it worked.  You fail to substantiate that the damage was caused by staff at this facility.  You were instructed to file your claim through the shipping company.”


Fail to substantiate! It doesn't take a rocket scientist to see that the typewriter was broken in their care. I definitely had no control over who shipped it and the care with which they treated my property. Come to find out, there was a thirty-day time period to file the claim. Not only that, the claim had to be filed by the customer--who is the Department of Corrections!

Being a writer, besides my dictionary, my typewriter is my most important tool. And a costly tool at that, to someone who has little means. It was only by a miracle that I was able to come up with the funds to obtain one in the first place (I had used an advancement of royalty money from the first book I wrote to purchase the typewriter). I didn't and don't have any family support and it makes it much harder on you when family members abandon you.

What gives these people the right to break one’s personal property, and not compensate the individual for it? To them, we are viewed as mindless drones that are soulless and deserve to be trampled upon. We are disrespected and taken advantage of, and there is nothing we can do about it. It's like, we have no rights because we are ostracized from society. Don't get me wrong, I don't believe there should be some sort of tous frais faits concerning inmates in prison. But, I do believe that if your personal property is damaged and it's through no fault of your own, you should be compensated for it. It's only right. Anything less would be uncivilized, and we're supposed to be a civilized society, right?

I humbly appeal to the supporters and readers of MB6 to donate funds for me to purchase a new typewriter. I know times are hard with the economy and everything, but if I could get everyone reading this essay to donate a small amount, I would have the funds in no time. The supporters of MB6 are my last and only resort. Without your help I won't be able to get a new typewriter and my writing will be put on hold for the foreseeable future. I hope supporters empathize with my plight and find it in their hearts to help me. Those that do, have me forever in their debt and my utmost gratitude.



Mwandishi Mitchell GB6474
SCI Houtzdale
P.O. Box 1000
Houtzdale, PA 16698-1000

Funds can be sent directly to Mwandishi through JPay or via MB6 at the following address:

Minutes Before Six - MM
2784 Homestead Road #301
Santa Clara, CA 95051

Holidays In The Hole

$
0
0
By Michael Lambrix

Sometime shortly after Thanksgiving in late 1970, when I was ten years old, my father unexpectedly told me that I was to go with him to look for a Christmas tree.  I didn’t want to go, especially when I realized that it was only going to be him and me. I was afraid of him and for good reason, as he had already tried to kill me on more than one occasion.  But I didn’t have a choice, and I knew only too well that even so much as a hint of resistance would be quickly met with severe physical discipline, especially since he had already been drinking.

In silent obedience I climbed into the passenger side of our old 1959 Chevy station wagon and as I closed the door and my father got in on the other side, I leaned against the door as far away from him as I could get, with one hand resting on the latch just in case it became necessary to quickly eject myself.  With a turn of the key the engine was brought to life.  I always loved that old wagon, a one-year wonder of the age of automobile extravagance, with its rear wings wide and long stretching all the way to the back so that even when parked, it looked like it could fly. And as my father pulled the car from the driveway and out on to the road, as only a child could, I quickly overcame my fear by imagining that we were about to take flight, and my one hand that was on the door latch drifted up and out the open window and as the cool air blew in, my flattened hand extended outward glided in the wind like an airplane in the sky.

Dad never was one for talking and we drove in silence.  Going to look for a Christmas tree didn´t mean going to town, as he never bought our tree.  Rather, we took a back road north and then westward away from Novato, into the San Geronimo Valley, where the farms and ranches of Marin County were hidden in the rolling foothills amongst roads that twisted and turned seemingly forever, all the while looking for a small tree that would serve the purpose.  From time to time, I would point towards one I thought might be worthy, desperate to win my father´s approval and all but shout out “How about that one?” but he never slowed down or even looked, just continued to drive along in silence, steadily sipping from whatever alcoholic spirits he had in that cup nestled between his legs.

The old Chevy strained as it climbed up a small hill, and with a momentary roar of the barely muffled 348 V-8, Dad quickly downshifted and gunned the accelerator and we picked up speed.  As we reached the crest and started downhill, just as the dark beaten and broken blacktop of that two lane back-road out in the middle of nowhere took a gentle turn to the right, a group of deer leaped out from the brush along the side of the road, not more than a few car lengths in front of us, and attempted to cross to the other side.

For reasons only Mother Nature knows, one of the group, perhaps the smallest one of all, suddenly stopped in the middle of the road and stared into the fast approaching headlights and I felt my anxiety rising as I wished with all my might that it would move, but it didn’t.  Where any other person would quickly apply the brakes and take evasive action to avoid imminent collision, with a gleeful shout, my father pushed down hard on the gas, propelling the old Chevy faster and the car collided with the deer. At the last instant before impact, it desperately jumped just enough so that as the tons of cold Detroit steel crashed into its body with brutal force, the deer´s head slammed violently down on the hood of the car only a few feet from where I sat motionless and afraid, and then it was gone.

In that very instant my father slammed on the brakes and as he did, I was caught unprepared for a sudden stop and violently thrown forward, hitting my own head against the steel dash.  As I sat up dazed and momentarily confused, the car came to a stop and my father reached towards me.  I pulled back instinctively, as I knew I was about to be assaulted because it had to be my fault, somehow, that that deer jumped out in front of the car.

But to my surprise, Dad was as joyful as a small child on Christmas morning and filled with a happiness that was all but infectious. Dad grabbed me by my jacket and pulled me out of the door, half-dragging me up the hill towards where the deer had landed. There it lay, barely on the side of the road, quivering and struggling to breathe with crimson red blood flowing from its nostrils. I froze, staring down upon this helpless creature and watched in horror as my father pulled his buck knife from the sheaf he always wore on his waist and without hesitation he grabbed the deer´s head by its ear and pushed the point of the knife blade straight down deep into the side of its neck, and just as quickly, pulling it straight back out and as its head fell back to the ground, its eyes looked upward and momentarily met mine as it shook and quivered one final time before going dark and cold.

Perhaps offended by my lack of shared exuberance, I was unexpectedly rewarded with a backhand blow to the side of my head and a stern order to help him throw the now still warm, but lifeless body, in the back of the station wagon and in uncomfortable silence we drove home.  The next morning the cold carcass hung from the rafters in the garage.  With surgical deftness, my father butchered the flesh from its bones, and for weeks to come we ate the meat at our family table.

But that deer did not die that night. It lives in my memory, and I continue to see that desperate look of a wounded and trapped animal as it struggled helplessly in the eyes of those around me.

On December 17, 2012, I was into my second week of being in “the hole,” which is what we call the solitary cells on the designated disciplinary confinement floor.  I was sentenced to 30 days in the hole because I failed to sit up on my bunk during noon count.  In all the years I have been on Florida´s death row (read: “Alcatraz of the South” Part I and Part II) it was never required, but on that particular day it was demanded of me for no other reason but as a pretense to send me to lock-up because I had dared to offend the powers that be by writing a blog about the then recent reign of terror that had swept the prison under the administration of Warden Reddish, culminating in the death of inmate Frank Smith a few months earlier at the hands of the guards.

While in the hole, we have no privileges. Our T.V.’s, radios, MP3 players, all reading material except bibles, and all non-state issued food become contraband and are stored in the property room until our disciplinary confinement term is complete.  We are allowed minimal writing materials and essential legal materials, and nothing else.

Although I don’t have an extensive disciplinary record, I was not stranger to doing time in lockup.  Sooner or later, we all go, some more than others. It is simply part of doing time.  For most of us, you do whatever amount of time they give you, and on Death Row, regardless of how petty or insignificant the alleged infraction might be, you will always be sentenced to the maximum amount of disciplinary confinement allowed.

On one side of me was an elderly black man by the name of Sebert Conners, who, in all the years I’ve known him, has been a regular fixture in lockup, repeatedly written specious disciplinary reports for what I (and others) believe to be retaliation against him for daring to speak out when the guards were brutally assaulting prisoners almost daily, leading up to the murder of death row inmate Frank Valdes in July 1999. Nine guards, including a high-ranking captain, were arrested and formally indicted for first-degree murder, and the other guards never forgot Conners played a significant role in that. (See: Frank Valdes v James Crosby, et.al., 450 F.3d.1241 (11th Cir. 2006) graphically detailing the violent assaults leading up to the death of Valdes and how Conners played a role in bringing it to light). 

An then there are always the “bugs” in the hole – mentally ill inmates who suffer from various forms of paranoia and psychosis, typically ignored by most prisoners and guards, but still kept for extended periods of time in the hole when a guard who is not so tolerant or understanding decides it’s time to break them.

One of those at this particular time was Michael Oyola, who, since coming to Death Row, has made frequent trips to the psychiatric unit out on the main compound and is regularly kept on psychotropic medication in an attempt to manage his psychosis (butmore often than not it doesn´t help).

I was housed in a cell immediately adjacent to Oyola when we heard the front of the cellblock door open and about the same time, the ventilation fan was turned off.  When you´ve been around a while, you know it’s a bad sign when the ventilation fan goes off.  If they were working on it, we would have heard the maintenance crew in the pipe alley behind the cells where all the plumbing and electrical fixtures are.  We didn’t.

An unnatural silence fell over the cellblock.  Even the bugs knew something was up.  It didn´t take too long before we first heard the murmured voices near the front door, then none other than the Warden herself led an entourage of guards and staff down the walkway, and as I sat watching them come, my own heart skipped a beat or two as I noticed most of them were carrying the blue fabric face masks they wear when gassing someone. One guard had a large red can similar to a fire extinguisher that we all knew held the chemical agent they used to gas inmates. Another held a small video camera.

They passed my cell but then only a few feet further the warden stopped directly in front of the cell housing death row inmate Michael Oyola, and the others fell in around her. Just as I could only watch helplessly as that small deer struck by a force it had no power to defend against, I sat silently on the edge of my bunk and listened as the Warden verbally laid into Oyola, accusing him of writing her a letter demanding to see her, saying no inmate makes demands of her.

At first I could hear Oyola politely protest, insisting that he meant no offense, but needed to see her as he felt he was being treated unfairly.  But with skill that comes from years of climbing the ranks, the Warden methodically verbally assaulted him, until finally Oyola realized that his fate was already sealed and nothing he could say would matter, and he told them to do what they came to do.

The warden then stepped aside, and instructed the officer holding the video camera to turn it on. The officer holding the large canister of gas stepped forward and they blasted Oyola with it.

I had already moved to the back of my adjoining cell, but still remained not more than a few feet away, and there was no escaping that ominous orange cloud as it rolled in like the San Francisco fog, quickly filling not only Oyola’s cell, but my own, and the other surrounding cells, too.

In all the years I’ve been locked up I’ve never been personally targeted for a gassing, but I was no stranger to it either, as in recent years the use of industrial strength chemical weapons on prisoners has substantially increased.  Inmates in confinement units would inevitably experience the full effects of this form of torture, either as the primary target, or simply because it’s your poor luck to be housed near someone else who has been targeted.

As that orange cloud filled the air around me, I staggered to my sink to reach for my washcloth with the intent to use the wet rag as a filter, only to find that they had also turned the water off.  Without hesitation I dipped my wash cloth into my toilet - fortunately I had flushed earlier and there was nothing floating in the stainless steel bowl – and then covered my mouth and most of my face with that wet rag, all the while mentally admonishing myself to breathe through my mouth, not through my nose.  If you were stupid enough to take even one breath through your nose, the gas would fill your sinus cavity and you’d suffer for days.

Coughing and hacking and barely able to breathe I dropped to my knees in front of my toilet, feeling as if I had to puke my guts up but only suffering through a series of physically painful dry heaves as my body protested against this unwelcome invasion. I was faintly aware of similar sounds coming from the cells on either side of me housing Oyola and Conners.

It never ceases to boggle my mind how the world united in outrage and condemnation when the media exposed the barbaric treatment of Iraqi prisoners at Abu Graihd prison, and stood just as united when calling for a prohibition of water-boarding and torturing of alleged “terrorists” at Guantanamo Bay, and yet every day, comparable forms of torture are inflicted upon American prisoners in American prisons and nobody seems to care. In fact, many openly advocate for the abuse and torture of American prisoners under the pretense of administering justice.

If ever a person is exposed to this form of deliberate gassing, they would know that perhaps water-boarding really is not all that bad after all.  The physical effects are the same – struggling to breathe as the chemical agents fill your lungs, your body involuntarily convulses uncontrollably as your eyes water and burn – and you dare not rub them because it magnifies the effect.  You are rendered unable to move, and when they finally stop spraying the gas, the effects remain for hours and the burning and the taste last for days.  And it´s a normal part of being thrown into any confinement housing unit in any prison in America.

At times like that, I smile to myself as I repeat the words of the philosopher Freidrich Neischze: “That which does not kill me can only make me stronger,” and I find a momentary source of strength in those words. They impose a profound truth.  I am on a long journey through the many levels of a man-made hell that few could even begin to imagine.

In the worst of times, I look back at what I’ve already survived and recall the many times I found myself housed on Q-wing (briefly re-labeled X-wing), at Florida State Prison.  Even the most hardened of convicts were broken by the brutal conditions of FSP, known to many as the “Alcatraz of the South.” Back then, nobody came straight to FSP except those sentenced to death.  The rest came only after they were deemed an extreme security risk and could not be housed in any other prison.

On the lower floor of Q-wing is Florida’s death house, where those scheduled for imminent execution are held until they either get a stay, or are put to death. I’ve spent my time on death watch, coming within hours of execution, (read: The Day God Died) and know that floor too well.

Above that death house are two other floors, with six cells on each side of each floor. Each of these 24 super-max cells is itself an individually sealed concrete crypt, holding prisoners who have assaulted or killed guards, or just had the bad luck of stepping on the wrong toes, often for many years at a time.

This prison within a prison has only one purpose: to break convicts. (See: “Locked Alone on X-wing” by Meg Laughlin, the Miami Herald, Sunday May 30, 1999.) I did my share of time on each of those floors. The confinement cells here at UCI, even with all the physical deprivation that comes from months of solitary confinement, seem like a Four Seasons resort compared to Q-wing.  Despite the periodical call to close that wing down (see: “End The Barbarism at Florida State Prison,” editorial, The Miami Herald, May 30, 1999), those cells remain in use.

But there are moments in time when I find myself helplessly gasping for breath as the toxic cloud of chemical agent overcomes me when I find myself actually missing the extreme solitude and deprivation of Q-wing.  In the hours that pass after they’ve left the wing, when that ominous cloud finally settles down to a thin layer of powdery dust that blankets everything, and the ventilation fan and water are turned back on, and each of us in our individual solitary cell begins to thoroughly wash down every nook and crack of our cells, all the while still coughing and hacking up distinctively orange colored phlegm from our lungs, even after the days that follow, with that persistent burning in our eyes and throat slowly subsides, and even after we no longer jump up when it appears the ventilation fan has yet again been turned off, I can still see that look of fear and terror of that helpless deer in the eyes of that last man targeted for gassing.

In recent months the media has reported the widespread use of chemical agents and physical assaults to subdue Florida prisoners. A formal investigation by both the State Police (Florida Department of Law Enforcement) and Federal Justice Department (FBI) has been recently launched, looking into the deaths of at least 85 Florida prisoners and willing to expose the seemingly widespread criminal conduct by guards (See: "The Prison Enforcer" by Julie K. Brown, The Miami Herald, September 21, 2014 and “Case Ties Guards, Gangs, Attempted Hit” by Dara Kim Tallahassee Democrat, Sunday September 28, 2014).  They focused largely on the death of inmate Randall Jorden-Aparo, who was repeatedly gassed by guards acting under the same warden who personally ordered the gassing of Oyola and the rest of us that just happened to be in confinement that particular day.

The week following the gassing was Christmas and for the first time in all these years, I spent my Christmas in lockup.  Although isolated away from the general Death Row wings, our friends would recruit whoever they could to smuggle small bags of candy and treats to those of us in lockup, letting us know that we were not forgotten.  And although the memories of that deer continued to haunt me on that Christmas day in the hole, the small group of us joined together to find comfort in each other´s company and a few of the bugs even joined in as we unabashedly sang Christmas carols, if for no other reason but to let them know that our spirit was not broken.


To sign Mike's clemency petition, click here

For more information on Mike's case, click here and here

Michael Lambrix 482053
Union Correctional Institution
7819 NW 228th Street
Raiford, FL 32026








Tangled Up in Blue

$
0
0
By Thomas Bartlett Whitaker

Pascal's wager is alive and well on Death Watch, I am happy to report. To my count, there are now at least three recently "reborn" (or re-re-reborn, as the case may be) Christians next door, and one man who - according to the news reports at any rate - genuinely believes himself to be god's most recently anointed prophet. I was moved to A-Pod, B-Section in early October, meaning that I am literally two cells and one crossover door away from A-Section, the fourteen cells where they house all of the men with dates. It is presently full, which is to say that despite reports to the contrary, the machinery of death is in fine form as soon-to-be-Presidential-candidate Perry hands the controls over to Governor-in-waiting Abbott. The King is dead, long live the King, etc, etc.

Given my position on the second floor, I have a sort of birds-eye view of everything that goes on next door, including the metaphysical meanderings that take place as the condemned come to terms with the fact that the food in their cells will last longer than they will. I have learned over the years that it is better to keep my views on religion to myself, but this last minute switching of teams I find very confusing. I truly do not mean to offend people when I talk about faith and ask my questions; this is what seekers do, and I guess I have come to terms with the fact that this title applies to me (though that doesn't mean I find it any less annoying than I once did). Still, offense seems to be inevitable, as the epistemological standards I demand are quite simply above and beyond what any faith-based system could ever hope to meet. I have a difficult time understanding why at least intelligent believers do not recognize the significance of this, or, to come back on topic, why it is perceived to be a victory when someone completely changes their stance on the makeup of the entire universe just because of a fear of imminent demise. I tried discussing this with my dad recently, and l don't think we were ever really communicating on the same frequency, a thing I find happens often when I try to discuss topics like this. To him, it doesn't matter what motivation a person (or the Holy Spirit) utilizes when they come to god, so long as the desire is there. This seemed obvious to him, as obvious as could be, and he was confused that I should think otherwise. For my part, I cannot imagine waiting until one feels the Eternal Footman's gaze to finally realize that one is mortal; one's entire existence should be an examination of such concepts. I further cannot imagine any deity accepting that someone's beliefs are genuine if they came to them just because they were terrified. Fear does not seem to me a proper motivation for believing in anything. And though I can still recall some of my Sunday School rhymes ("Fear of the lord is the heart of love, makes straight the path from below to above"), I doubt that I ever really felt fear to be inspiring towards anything positive. Neither, I add, do cowardice or dishonesty seem like genuine motivations for one's beliefs. I try to envision what it would be like to stand in front of a deity and explain how, because of a sickness or a date in Huntsville, I had switched my position on virtually every belief that I had spent a lifetime developing. How is that real? Genuine? Would said deity not vastly prefer an honest skepticism to a belief based on either fear or a banal desire for paradise? When I said this to my dad, I could tell that he had no idea what to do with me, so I dropped the subject. It's a look I'm more or less accustomed to by this point.

The core issue to me is whether or not these sorts of last-minute changes are genuine. I have known many men who got bit hard by the religion bug during their time on Death Watch - men who practically drowned in ritual and meme- who were granted stays and then quietly reverted to their old ways. I've seen this too often to count. I was recently forced to contrast this sort of quackery with something more authentic when the state killed my friend Miguel. Unlike many of his contemporaries, Miguel's conversion was a process that began several years ago. More importantly - to me, at any rate - was the fact that he actually tried to do something with his beliefs, namely the dismantling of one of the most violent prison gangs we have on the Row. We thought that this sort of courage might mean something to the parole board, but we were wrong, yet again.  Over his last weeks, I had a chance to speak to Miguel often, and to his credit he only tried to save me a few times. I think on some level he recognized that I had come by my apostasy honestly, that I had done my searching and am a nonbeliever not because I need to learn more about his religion, but because I know far too much about it. When he made his last appeal for my immortal soul, I did for a brief second think about telling him something that would put him at ease. In the end, I felt that the only way to truly honor our relationship was to be honest with him, so I told him the truth: that I thought his logic sucked. He smiled, I smiled, and then he was gone. As such things go, it wasn't the worst way to say goodbye to a friend.

Miguel's views were somewhat mystical in nature, but more or less in line with much of Christian dogma. I've heard of far stranger systems over the years. The last time I lived this close to Death Watch was in 2010. I had a chance to converse with K-, who, alone among those I spoke with, seemed genuinely non-troubled by his quickly approaching death. I expected to learn that this was due to some belief in the afterlife, but K- told me instead that he wasn't scared because he'd already died thousands of times before.

"Ah," I said, already starting to distance myself. "Reincarnation, then?"

He shook his head, and instead asked me to imagine that we lived in some future time where a person could have their consciousness (whatever that is) downloaded into a computer. Immediately I perked up. He asked me to imagine myself lying on a bed, where some device would be hooked up to my cranium so it could map out all of the states of the cells in my brain and then make a copy. The computer would wake up and seem to be me, complete with all of my memories, loves, goals, etc. If I were still lying on the bed seeing this, however, the computer-me couldn't be me, because identity requires a psychological continuity that only I would possess. But if the process destroyed my brain as it was being copied, no one would be around to object to the computer-me claiming to actually be me. It would be completely convinced it had made the transfer, and it would be convincing to anyone who had known me in the past. K-'s view was that this was basically what happens every single day, that each morning a person's brain newly manufactures the self-based on old memories. Included in this is the belief that we are the same person that we were yesterday, even though we are full of new atoms that were not a part of us yesterday. His view was that every night was a death, every morning a birth. I saw some errors in this logic at the time, but I was nonetheless astonished by his views. This was a guy who had come nowhere close to graduating high school, and yet his belief system was way more interesting than most of the people I've met in this life. I gave him points for originality, at least, and I still think about him often, especially as I am falling asleep.

Last week, I was feeling nostalgic and I asked a few of the guys on my row if they remembered K-. Only one of them did, which made me incredibly sad. This man had lived for more than a decade back here. He made great art and knew hundreds of rap songs by heart. He had a wife and children, though he hadn't spoken to them in years. I can't help but wonder if they ever think about him. Despite all of that, no one but me could remember what his face looked like. I feel like I am storing up all of these memories of dead men, and I do not know to what purpose I am to utilize them. Surely I must do something with them, but I feel totally inadequate as a messenger. K- was the 64th man killed here in Texas during my stay, Miguel the 131st. I sit by their absence and am humbled, for they taught me much that I am largely unable to distill for publication in these pages. In ancient Greek, the word for truth was alatheia, literally "not forgetting." That, at least, I think I can manage.


1) My prime of youth is a frost of cares, my feast of joy but a dish of pain:
2) My crop of corn is a field of tares, my wealth no more than dreams of gain;
3) My day is fled, yet I saw no sun; and though I live, my life is done.
4) My spring is past, but not yet sprung; the fruit is dead, with leaves still green;
5) My youth is past, though I still young; I saw the world, myself unseen.
6) My thread is cut, though not yet spun; and though I live, my life is done.
7) I sought for death, it was the womb; I looked for life, it was a shade;
8) I tread the ground, which is my tomb; and now I die, though just new made.
9) The glass is full, yet my glass is run; and though I live, my life is done.
(Lamentations, Chapter 4, The Good Book, compiled by AC Grayling)

For many years, I didn't like Donnie at all. I wouldn't go so far as to call us enemies, but there was no love lost between us. Way back when I started writing for MB6 in 2007, I published something regarding communication methods among convicts that I probably should have kept to myself. The woodpile "ran court" on me and basically gave me a pass, saying that my intentions were good and that I was new to prison and allowances needed to be made for that. I took the article down, made my mea culpas, and moved on. For whatever reason, Donnie couldn't do this. For years, I heard rumors of things he supposedly said during my "court process" and I simultaneously held desires to have it out with him or to never have to see him again. The gods love conflict, so naturally they placed us in adjacent cells in October of 2011.

For three days we didn't say a word to each other. This detente probably would have lasted for weeks if not for a conversation I was having with Big T, the man on the other side of Donnie's cell. This guy had just lost an appeal. One of his most promising issues dealt with the fact that during his trial, some quack the state hired testified that it was his belief that black defendants were simply more dangerous than Caucasian ones. We were discussing exactly what type of schooling a person would need to obtain in order to be considered an expert witness in a state district court. As we were talking, this buffoon of an inmate named Peanut was cavorting about in the dayroom, gloating that he had jacked twenty big stamps from some fool on one-row dumb enough to try to use him to pass kites. Seeing this, I remarked that I, too, studied criminal minds. I paused a moment before adding: "It's called watching the dayrooms." Donnie came to the door and looked down on Peanut for a moment. He then turned to me and said, "Yeah, you study the criminal mind. It's called introspection." Big T started cracking up, and for a brief moment I thought I was going to have to cuss Donnie out. The truth of it is, I am a sucker for a nice piece of wit, and I rather liked his comment. We eventually got what we needed to off our chests and Donnie became one of the better friends I've made during my time back here.

Pretty much everyone thought this was odd. It was odd. Donnie was from the bayous of Louisiana. He was a country type and far more conservative than I am. I'm a city boy and a closet Marxist and...well, just kind of weird. We synced up on a deeper level, though, that of the prankster. Camus once wrote that no fate was incapable of being overcome through scorn; I don't know if this is true, but we made a spirited attempt at proving him right. Donnie made easily the best gumbo on the Row, a recipe I still make from time to time when I have the money. He also made some of the best prison hooch I've ever tasted. You know... hypothetically speaking. More importantly, he taught me that the things that bind people together are always stronger than the things separating them, and that it is always better to deal with tension head on rather than letting it fester.

Eventually our time together came to an end, and we were both moved. Fortunately, they stuck me right below him during the Summer of 2012. Within a few minutes of my arrival he sent me a kite, which said that his prosecutor was being a real "ghoul" and had set his execution date for 6pm, Halloween. He closed the letter by saying he was going to go trick-or-treating as a corpse. I smiled at his attempts at humor, but I felt sick.

Despite having become a finalist in whatever sort of race life is supposed to be, Donnie never stopped being Donnie. No massive religious changes for him. That was one of the things I liked best about Donnie, his steadiness. He might stab you repeatedly in the chest, but he'd never do so from behind. The day they moved him to Death Watch is one I'll never forget. The guy in dayroom was another real wanker, a person that neither Donnie nor I cared for very much. This guy - we'll call him Bleat, as that is pretty much the sum total of what came out of his mouth - was big on posturing. He liked to think of himself as a real stand up con - at least until it was time to actually do something, at which point he always managed to be occupied. Anyways, Bleat was...uh...bleating...about something or other, and I could just feel Donnie staring at him with loathing. I drew a tic-tac-toe grid on a sheet of paper, placed my X, and wrote "your move" on it. I then folded this up, wrote Donnie's cell number on the front, and shot it out to the dayroom. I could hear him chuckle when he received it. So that you know, every single time a kite is passed, all three people involved risk a downgrade of level. Kites are therefore supposed to only contain important information, business. This does not generally include completely pointless games of tic-tac-toe.

Within a few minutes I heard Bleat calling my name, and I shot my line to the dayroom to pick up the kite. In addition to his move, Donnie had simply written "you are an ass." The kite managed to go back and forth five or six times (we were on our second game) before Bleat had had enough and started bumping his gums about us taking advantage of him. I told him he could read the kite, as it technically pertained to him. He looked at me suspiciously before his curiosity got the better of him. As soon as he saw what was inside he went ballistic. Despite all of his yelling I could still hear Donnie cackling. When they came to get him, he left with a smile, mouthing the word “asshole" to me. I was going to tell him that it took one to know one, but I couldn't find my voice. 

My recollections of Donnie will forever be tempered by the fact that he should never have been killed. I don't mean that in the sense that 1 usually do, where I am talking about how the death penalty is always morally wrong. I mean it in the technical, legal sense. Donnie killed his common law wife. Obviously, I do not condone this. They upgraded his case to capital murder because after he shot her, he panicked and took some things from their house and ran. They called this theft in the commission of a murder, i.e., capital murder. Except, you can't steal from yourself, can you? The property he "stole" was held in common. The state literally got away with executing someone who was really only guilty of second-degree murder. This is what passes for justice down here, especially when the victim of a crime is the daughter of a cop. Donnie was the 1312th human being killed during the “modern" era in this country, and the 102nd in Texas during my time. He had a woman that loved him very much and 1 am thankful that I knew him.


I can live with my regrets
Still raise a smile, still raise my head
And a stranger god can be so cruel
And a holy fool is still a fool
But this is all I can say
I have lost my way

But you only you only disappear
You only you only disappear
(Tom McRae, "You Only Disappear")

I think that most people suspect that it is the loss of freedom that kills the soul of prisoners, numbs us out to the point where we become the sociopaths the state claimed we were from the start. Or maybe it is the violence that we see everyday, or the institutional-grade stupidity, or the constant heat and cold, or maybe it’s just the shitty food. These are the surface issues, the things that activists talk about and claim to understand, though they probably don't. The root of all of these things is the lethal absurdity of prison life. Camus seems to be on my mind this evening (how could he not be?), so here is another quote of his: "Absurdity does not liberate; it binds." he was definitely right about this one. It numbs, it scours, it washes away everything until you are so featureless that nothing matters to you anymore. It's a process, a Zeno's paradox of small events that add up to a mass of such gravity that not even light can escape it. I remember the first time I realized this truth, the first time I knew that no matter what would come to pass in future years, I was ruined. I saw clearly that no matter who was proven innocent, made parole, or cut themselves out one vein at a time, this would all end without anyone being free.

While I was awaiting trial, the authorities decided that I was apparently not as dangerous as the prosecutors claimed and shipped me off to several different facilities to help with their overcrowding problems. I've written about this in other places. Sometime during the summer of 2006, I was called from one such unit back to Fort Bend to attend some pointless hearing. Only one other man took the trip with me, an alleged murderer who went by the nickname of Bugs. He was a hulking brute of a man with curiously red skin and the remnants of what had probably been a very substantial beard before he was forced to shave it down to meet prison standards. If they have spent more than a few months behind bars, newly introduced prisoners are always a little wary of each other. Consequently, even though we were alone in a van for more than four hours, Bugs and I said little to each other beyond a brief greeting.

We arrived at the county jail at around 7pm on a Friday night, meaning the booking area was overflowing and the guards completely drained of patience. Bugs and I were shunted into a small holding cell by ourselves, where we prepared to wait for assignment to a tank upstairs. We finally began speaking thanks to a drugged-up young Mexican in a pscyh cell across the hallway. This vato had been staring hard at us for several hours, his angry facial tattoos on full display. He finally snapped and began yelling at a passing screw.

"Hey, puto! I'm talking to you, hijo de la chingada! Why don't you put those two white boys in here so I can knock em' out pronto-quick!"

The officer paused to look him over for several seconds before kicking the door hard, right where the guy's fingers looped through the metal mesh. The kid stumbled back.

"Why don't you shut your punk ass up before we come in there and tase you like we did yesterday!" After yelling this, the guard stomped off, apparently satisfied.

The Mexican returned to the door, rubbing his fingers. "Hey ese, you can't talk to me like that! I've got constitutional rights!"

Bugs almost fell on the urine-soaked floor, he was laughing so hard. I nearly joined him. The incongruity, the sheer violation of context, was absurdity defined. For the roughly twenty-four hours we were kept in the holding area, this became our official motto. Any time I hear some politician wax idiotic about the Constitution I can't help but think of the kid with the bruised fingers and plentiful facial tats; they somehow seem equally suited to talk about things so obviously beyond their ken.

Bugs and I were finally processed sometime late Saturday night. Eventually four guards and a corporal came to escort us to our tank on the second floor. I'd never been on this particular end of the hall before, but I didn't think that this meant much of anything. It wasn't until we were led into 2E that a little voice in my head began to whisper that something was off.

The tanks in Fort Bend contain 24 cells laid out in the shape of an L, with ten cells on the first floor and fourteen above. In front of this L is the dayroom and the guard picket, a long line of windows that make every corner of the tank visible from within. If one were to look through these windows, one could see most of 2F, the tank on the other side of the picket. As it happened, this was exactly what about a dozen dudes were doing when we walked in. This was the first thing I noticed. The second was that the guards actually came into the tank with us, instead of slamming the door and leaving us to whatever violence awaited. The third thing I noticed was that the guys at the windows were oddly draped in their blankets, almost like they were wearing robes to a religious ceremony. Bugs and I gave each other a confused look before we set our property boxes down on the floor and headed to share the view.

Having been incarcerated for nearly a year by this point, it took me a moment to process what I was seeing. On the stairs and the elevated walkway leading to the cells on the second floor were four women wearing bras and panties. Not so amazing a sight, really, save for the fact that one does not generally see such things on the maximum-security floor of an all-male lock- up. The women were housed in a completely different building, a fact that my brain offered up to me after the first few stunned seconds. The association-chain then moved rather quickly to: oh, those are dudes to: oh, those are transvestites to: oh, they seriously put them in a tank next to regular inmates? to: oh, no way would they put them next to regular inmates. I turned to again look over the group of men gathered at the windows, and from this angle noticed for the first time what they were doing with their hands under their blankets.

I whirled around to face the guards. Their obvious leader was the corporal, an overweight man in his late 40’s who sported a rather gratuitous Wyatt Earp-style mustache. This he was chewing nervously as he watched my reaction. My eyes continued to narrow as I connected the dots.

"You didn't," I finally spit at him, at a loss for what more to say.

"Now Whitaker, it's only going to be for the weekend. Come Monday morning you'll get yourselves moved upstairs. We simply ain't got nowhere else to put ya. It were either here or next door in the punk tank."

Bugs had noticed my state, and kept looking from me to the guards and back again at the other inmates. He made this circuit several times before he came to stand to my right, asking simply, "What?" 

I was fuming, still trying to find my words and then figure out how to get the hell out of there. I finally managed to tell Bugs that this "was the rapo tank," the place where they pool the serious sexual assault perps. They tend to do this in most jails, as "normal" inmates can forgive most any sort of deviance but that of the sexual variety. (Polunsky's general population, as it happens, is just such a gathering spot for what is referred to in the patois as "tree jumpers." I'm not explaining that one. Work it out yourselves.) Bugs took this in stride, looking back over the group for a moment. He then turned to look at me directly, and in one of the few instances where such has taken place in my life, 1 knew exactly what another human being was thinking.

"You got room in seg, Chief?" I asked the head cop, who was still fidgeting by the exit door. He thought about this for a moment before answering. "Ayup. I got a few cells open in seg. But you only got to stay here for..." 

I never heard him finish. I took one last look at the tank, with its motley collection of rapists, pedophiles, and worse, and did the only appropriate convict-ish thing I could think of.

I socked Bugs right in the jaw.

True enough, I pulled my punch, but it still connected with a satisfying crunching sounds. Bugs’ head rocked backwards, and he stumbled for a moment before lunging into me, where he promptly began slamming his fists into my stomach. I had time to note that the pervs at the window all began yelling, the evening's entertainment suddenly and rudely interrupted, before Bugs had forced me back into the wall separating the tank from the picket. Even though I felt certain that Bugs was not using all of his strength to wail on me, it sure felt like he was hitting me a hell of a lot harder than I had him. All I could do was wrap my arm around his neck and bring my knee repeatedly into his stomach. We wrestled like that for a few minutes before we both paused to look back to where the guards were standing. They hadn't moved, and I can only imagine what the two of us looked like: one moment we were locked in mortal combat, the next peering curiously (and probably guiltily) back at them.

The screws were mostly just fingering their batons, but the corporal had turned a frightening shade of scarlet. For a moment - a very long moment - I wondered if the man was going to have an aneurism, and how much trouble I was going to get into for having caused this. His lips worked angrily on the tips of his mustache before snarling at us. 

"Okay. You fuckers got jokes. I got jokes too. C'mon you sonsabitches, pack your shit!"

I disengaged from Bugs and merely pointed at our property boxes. I guess the guard was so accustomed to yelling at offenders to pack their stuff that he'd forgotten we had just walked in the place. This fact made him turn even redder, a thing I would not have thought possible. He threw his hands up in the air and stormed off. We followed him meekly, not wanting to mess up the fact that we were getting more or less exactly what we wanted. Within 90 seconds we were evaluating the insides of our new accommodations in the solitary confinement wing.

"Hey pardner! How's that for 'constitutional rights'?" I heard Bugs yell through the vent.

"I think you broke one of my ribs, jackass," I yelled back, rubbing my increasingly sore chest.

We would not be there long. By Monday afternoon Bugs had flagged down a sergeant and explained what had happened. Once the rank heard who the weekend staff had tried to cell us with, they moved us up to a regular tank within hours. Neither of us even got written up. Still, it was enough time for me to face some very ugly truths about myself and the world I had entered into. Although this is an obvious point, it took me some minutes to fully work my way through all of the implications of the authorities' decision to intentionally place the most violent sexual offenders directly next door to the most vulnerable. Day in and day out, three shifts of guards bore witness to this interaction, and they must have gotten some sort of perverse amusement out of the set-up or it would have been altered. A guard would later tell me that the rapos would occasionally oil themselves up and wrestle in the dayroom for the "ladies," a fact which Bugs' jaw is better off for me not having known at the time. I also learned that about a dozen "punks" (homosexuals) were kept in 2F, though they were not in evidence on that first evening. I was never able to take seriously any correctional professional's talk about safety and rehabilitation after my brief stay in 2E.

Beyond that, I came to see that while I told myself I was not the sort of man to judge another for his crimes, the truth was that this world was going to require me to do just that continuously in order to survive. Had I stayed in the rapists' tank, someone would have made a move on me, and I would have had to hurt them, maybe very badly, a fact which would no doubt have been twisted around at my trial to make me look like a monster. Had I taken the corporal up on it and moved myself into the "punk tank," I would have been labeled as such, which means that the next time I was placed elsewhere, I'd definitely have been tested, and not in a good way. The truth is I like nearly every gay person I've ever met. I'm very much behind marriage equality, and was before the cause became popular. I had gay friends, two of whom held a fake and immensely heretical "wedding" at a bar in 2002, which I attended. And yet, faced with the realities of prison, I was forced to witness the pathetic half-life of my idealism. Since my arrival on the Row, I have come to view hell as the state of having hope but no choices. Only marginally better than this is the have no hope and only awful choices.

I only saw Bugs a few more times after that evening. I heard he pled out to a forty-year sentence. It was lucky that he came down when he did, because if the FBDAs office hadn't been spending all of their money on prosecuting me, I'd be writing that he was the such-and-such inmate killed by the state in my time. I'm thankful that I knew him, though I'd have been slightly more thankful if he hadn't had fists the size of hams.


And some there be...who are perished, as though
they had never been; and become as though they
had never been born...
(Ecclesiasticus)

In this place, it is easy to feel like everything valuable is the last of its kind. You learn to hide well all of the unique items you pick up over time: the freeworld paintbrushes that inmates were allowed to purchase back in the 90s that you have picked up one by one on the black market, the books which have since been banned and are now disguised with the cover of something innocuous, the thousands of things I can't write about in a public forum or I'd get stabbed. One of my most precious items is a small purple bowl given to me by my best friend Arnold Prieto on the day last May when he learned he'd been set an execution date. The bowls they have been selling us for years are obscenely large and crack when you glance at them the wrong way,

so this purple bowl is quite handy. I am not an overly sentimental person, but even so the bowl has shown me that the word "holy" is not completely devoid of meaning. You see, this bowl has a story. It was first purchased from the commissary by an inmate named Carlos Deluna way back in the mid-80s. If you recognize that name, that is because DeLuna is one of those men executed by Texas who have since been proven innocent. Deluna was the 120th man executed in the US in the "modern” era. Before his death, he gave the bowl to Little J, who in turn gave it to Arnold in 1995. Little J was the 656th inmate killed in the US in this era, and he followed the 655th (Brian K. Roberson) by only a few minutes. That was, I think, the last time Texas killed two men on the same night. It was just too hard on the guards, you see. I am hoping beyond hope that I won't have to write a number after Arnold's name in the near future. I do know that when it is my time to mosey on towards the clearing at the end of the path, I will hand the bowl off to one of the newly arrived, and explain the history and the Brotherhood of the Bowl. I've never really had many friends in this life, but I feel like I am a part of something bigger when I hold this weird, purple bowl. I am thankful to have been responsible for it for a brief time, and for the man who gave me that honor.


Something is found
Something is lost
Went looking for clues
On the streets of old New York
And I spilled someone's blood
I broke someone's heart again
Someone you know
You're looking at him my friend
And the people in our lives
we all leave behind
leave behind
Here we are
In the darkest place

To keep from forgetting
I picture your face
And I wonder
While we count the cost
Which is sweeter
Love or its loss
(Tom McRae, "My Vampire Heart")

I never knew Bobby well. We had many of the same friends, and from everything I've heard I very strongly suspect that I would have liked him. He went by "Bob Dylan," and l never got to question him as to how he managed to get tagged with such a nickname. Shortly before he was killed, I happened to have a legal visit with some law students from UofH. After their brief tour of losersville, I was left in the visitation room waiting for an escort team to take me back to 12-Building. Across the way, Bobby was having a visit with his wife. I have been on record as saying some very negative things about these sorts of inside/outside romances. It is certainly true that many involve the inmate taking advantage of a naive woman, usually a foreigner. Sometimes they are using each other, a co-dependency Mobius strip of drama and pointlessness. If one wants to be cynical about these sorts of “loves," one will find much low-hanging fruit ready for the picking.

It's generally considered a faux pas to look at another man's visitor while you are waiting for a ride home. I wasn't intentionally watching them, just sort of staring off into space, when his wife stood up and twirled around for him. It was the unexpected motion that drew my eye. I tell you honestly that I do not have the facility with words to describe what I read in their faces. The best I can come up with this late in the evening is that his eyes were aglow with love and appreciation and desire and grief, and I could almost feel him want to reach for her through the thick plate of glass that separated them. In her eyes I saw the joy that comes from feeling beautiful when feeling beautiful is not a common occurrence. Who among us has not felt this? On some rational level you are aware that you are still just as plug-ugly as you were yesterday, but for some reason, some unknowable reason, this enchanting creature in front of you has some love stuck in her eye and can't see you clearly. All of this I took in with a glance before turning away to face the other direction. I felt like an intruder, but I don't think they even knew I was there.

I ended up having to wait roughly an hour before someone came to get me. By the time they showed up, I had vowed never to automatically discount the value of a relationship, even if that relationship has an outward topography that I do not understand. Because what Bobby and his wife had was real, as real as any other love. I think this was a softening that made others possible in my life, for which I am immensely grateful. Bob Dylan was the 101st person killed by Texas during my time here, and the l310th in this nation since the Gregg decision. I never had the chance to thank him for the lesson learned.


So now I'm goin' back again,
I got to get to her somehow.
All the people we used to know
They're an illusion to me now.
Some are mathematicians
Some are carpenter's wives.
Don‘t know how it all got started,
I don‘t know what they're doin' with their lives.
But me, I'm still on the road
headin' for another joint
We always did feel the same,
We just saw it from a different point of view,
Tangled up in blue.
(Bob Dylan, "Tangled Up In Blue")

This has gone on for much longer than I had intended. I have a list of names locked into my head, and with each name comes a bridge to a broad continent of shared history. I still have no idea what to do with this list, or if it means anything to anyone but those of us here who walked their paths with them. I hope, in some way, that it means something to you. I would be very thankful for that.


And I keep my secrets well
Move on and never tell
Some day they'll show
And you raised me to be cruel
You raised me like a bruise
I'm bleeding still
(Tom McRae, "For the Restless”)

Thomas Bartlett Whitaker 999522
Polunsky Unit
3872 FM 350 South
Livingston, TX 77351

Thomas' birthday is December 31.
Cards and good wishes are welcome!




BEGINNING ANEW

$
0
0
Part 1 (of 2): “Quasi-Freedom” 
by Jeff C.

QUASI-FREEDOM Day 1:

AFTER GIVING AWAY nearly all of my wonderful stuff, after anxiously paging through the only entertainment in my room (a borrowed art book), and after having my very last wasteful nap in prison, the cell doors racked in my now echo-y room on a tier in which I'd dwelled on since the ‘90s and within 15 minutes I was in a van uncuffed, unshackled, looking at shapes and sizes of cars I'd never seen before, staring at people texting while driving, and gawking at the sheer amount of summer skin on display. 

The surrealness of this moment pressed down on the back of my eyes and, during the van-ride to Seattle, I knew I could let myself cry if I merely allowed it to happen. 
In the van, seeing shades of green an RGB screen can't duplicate, seeing Mt. Rainier not on a license plate but floating lazily above the clouds, and having my ears pop for the first time since my last vehicle ride 14.5 years ago, I did, indeed, allow the tears to leak out, deftly wiping them away so the convicts in the van with me couldn’t see them; now, on the sidewalk, able to walk away as freely as a dog into traffic if I so desired to be that stupid, I wouldn't let anything interfere with the overwhelming influx of sights, sounds, and feelings—both emotional and physical—because, yes, I did, indeed, reach down and touch the earth. Somehow I refrained from kissing it.

QUASI-FREEDOM Day 3:

AFTER TWO DAYS of running down the stairs each time a garble name is blasted on the PA for [Muffle Garble] to report to the front desk and it mostly being for me, after unblinkingly staring out my bay window (my #$%@*^ Bay Window!) that overlooks Seattle's 8th Avenue and Cherry Street with a view of not only trees that go all the way to the ground and of all the amazing boat traffic in the Puget Sound but also I stared from my second floor windows at the people in summer clothes (or lack thereof), and after plotting my route out on an awesome wall map (which suddenly isn't illegal in this particular DOC facility) of downtown Seattle, the unlocked front door was pushed open by me to take in my first few hours in 255 months not under the ever-watchful eye of the Department of Corrections or their cameras. I had three mandatory stops (with no allowable “deviations” to other locations): 1.) the bank (irony heavily, surreally noted that it was my last stop before prison), 2.) the Department of Licensing (oy vei, I'll spare you the stressmare that was—all because the DOC apparently hadn't noticed that 5 months prior there'd been a price hike on people who hadn't had an ID in over 5 years so the check they'd given me wasn't enough), and, 3.) the Metro for my month bus pass.

Bishop Lewis Work Release
But mostly I looked at all the tall buildings with a craned neck, glanced glimmeringly at the gadgets over people’s showers, and tried not to gawk at all the beautiful people all while trying not to seem like an alien and/or tourist who wanted (as I was later described to want to do) to lick all the shiny things. But my eyes weren't merely hungry—they'd been starved and hadn't known it until given that first taste and suddenly my eyes were ravenous (and quick to leak). I couldn't stop looking at all the new—it seemed—everything. It would take an hour to catalog all the things I'd never seen before. Yes, cable TV over the last 925 weeks allowed me to feel like I wasn't completely a stranger in a strange land, but TV is not reality. Despite what it loudly proclaims.
<Insert My Room at Bishop Lewis Work Release>

QUASI-FREEDOM Day 6:

MY EMOTIONS RANGED from the über-giddy to the grittingly stressful on my first day of job searches. Giddy because, especially in one of the most beautiful summer weeks of sunny weather in downtown Seattle, I was among the crowds. Just being able to walk amongst people was, at that time, almost too much—in that it was a combination of stimulation overload and I needed to not succumb to—what?—perhaps the self-pity induced by the complete waste I’d chosen my life to become. That slimy feeling always slithers underneath the surface—especially when faced with the majesty of crowds or whenever someone talks about what they’ve done/accomplished in the last nearly two decades. Shit, merely mention 401(k)s, mortgage payments, or any other adult, responsible thing to me and I either scramble to change the subject or defend myself with some lame feign at humor because I basically constantly feel like I am where I’d’ve been if fired, identity thieved, and had no insurance when all my stuff burned to ash in front of my eyes and it was all my own doing—essentially I feel I’m far behind where I ought to be in life and I don’t even get the American luxury of blaming someone else (and my only defense against this oppression is repression).

The Smaller Buildings of Seattle
So going out and interacting with people  who have no idea what I’ve done, where I’m from, how I’d fucked up my life, or how beautifully alien the lights, sounds, colors, and textures are to me—it’s all both fascinating and intimidating.

But the intimidation wasn’t just internal, it was external as well because I did have a job to do: finding a job. Bishop Lewis Work Release gives its residents (note: no longer “inmates”) 30 days to find a job or...well, go back to prison. Yet, they only allow its 68 residents to go but thrice a week to the Seattle WorkSource to use its services and something else quite important. I’d been fantasizing about and tantalized by glimpses over bosses’ shoulders and on television and in magazines and out of the mouths of the babies that come into prison in the last 15 years who grew up on and in it: the fabled, mythical, magical internet. The beholder of all information. The place I (and all who know me) knew, before I ever double-clicked once, that I’d become instantly addicted to. Hype, like hope, can be a dangerous thing, though. I never had to curse my way through dial-up speeds and blue screens of death (like polio and the Salem Witch Trials, these were only things I’d ever read about, not lived through, so I had no fear of them). But as a result of missing out on all that, I never instilled a (perhaps healthy) layer of calloused cynicism towards the internet. As if your only source of information about some exotic locale was slick, glossy travel brochures that intentionally never enlightened you about mosquitos, malaria, and airline meals—that’s what I knew about the internet: all the hype, none of the frustration. Oh, sure, I’d heard horror stories about malware and identity theft and iCovets being robbed at crochet needle point—but I’d assumed that they’d worked most of the kinks out of the internet when they’d upgraded to The Internet 2.0 and one could at least easily find out simple information at the speed of Google.

Seattle's Public Library
What I hadn’t expected was such a plethora of counter-intuitive mis-design on so many websites. Sure, absolutely, many sites are fantastically user-friendly, but there are simply far too many that seem like they were never gone through—e.g. if a job is offered in Seattle from a company’s website and that is one of the multiple choice selections, then why isn’t there a Washington State selection or at the very least don’t block forward progress by saying, “All required fields must be filled in”—or is there a Seattle, Florida, that I’m not aware of?

Companies often hire outside efficiency experts because they have that outside perspective, so, if I may have the attention of all the content providers on the internet: Few have a better perspective on this than moi—design, check, then have someone else check if it actually works. Oh, yeah, then actually fix the damn problem. Let’s get this shit right, people. This isn’t just for me and my frustration level; it’s to make the world a better place.


Sunshiny Seattle
I somehow signed up for my first email account (not always an easy thing to accomplish with zero internet skills and no phone number or other email address to be its backup; but thankfully my sister had created a different one for me that I used as the “source” one to send password changes to). I then...proceeded to be really rather annoyed that the televised hype that the various search engines turned out to be as they sputtered into my lap with an often overwhelming plethora of  just plain useless and irrelevant supposed answers. Silly me, I’d been fooled into thinking I could type in a question and get something useful back. Not 634,981 results in 0.18 seconds—not a one which is helpful.

That afternoon I also filled out my first job application in an art supply store and quickly realized I needed to go back to that stammering internet and get those oh-so-important-to-an-employer essentials like my elementary school physical address. 

Job Searching with Seattle's Freemont Troll
On job searches I also quickly learned something else by entering businesses. When out on a job search I'm expected to go to more than the two pre-approved businesses per three or four hours I'm out there, but there's a catch: I can only go into businesses if and only if I document the business name, address, whom I spoke with, phone number, time I arrived/left, and provide proof I was there—not always an easy task, especially considering that threat of “being sent back” if caught deviating. So, when a business doesn't have an application, a business card, or even a matchbook with their number on it, one hopes that at least there'll be a napkin or a take-out menu or something—either that or hope that the work release will believe you that they don’t. Therefore one quickly becomes adept at looking in windows and scanning for stacks of business cards before stepping one foot inside. A large percent of the guys who go to work release don't make it through their 4 to 6 months without being sent back (it seemed, from my stay, that it was about 50 to 60 percent, but after talking with the staff, they said it’s lower). Granted, a high proportion of them go back for just that—being high, but there are still the deviators who do not pass go and go directly back to jail or prison. But, yeah, drugs/alcohol tops the list, followed closely by having/using a cell phone. And bringing tobacco into the facility.

During that first week of job searches I, of course, got lost in Seattle essentially daily and asked people on the street for directions, but the first time a guy pulled up his Google Maps app and tried to hand me his phone, I put my hands up in the air and spewed forth how I wasn't allowed, you know, like I’d be shot for typing in an address on a phone.

Job Searching Near the Bubblegum Wall
But the one thing I quickly learned whilst job searching was that many businesses look at you like you're from another century when you ask for an application because it's, of course, almost all online now. But when you're forced with the threat of a really rather serious—or else—to go job searching for 7 hours a day, 5 days a week, and only 9 of those 35 hours can be online at the WorkSource, you quickly either accept the first job offered or you commute daily to Stressville like I did. I will give the DOC credit for one thing, though: they instill, with this job search schedule threat, a great job hunting work ethic; I concur that when looking for work whilst unemployed, it should be a full-time job. Certainly some of my fellow residents have never put that much concerted effort into a job search (and, sadly, many still don't—instead taking the first food service back room job or end up sorting through garbage for minimum wage), but still—it's a rare good DOC idea. 

QUASI-FREEDOM Day 9:

OH, MY FEET. Blisters. On my feet. On my heels. On my toes. Between my toes. Brutal blisters that Band-Aids don't stop from hurting and which make walking beyond painful. Blisters that soon callous, then re-blister in new spots. Blisters that make one plan their job searches within a very short distance. 

A FEW NEW THINGS SINCE 1996:

  1. AUTO-FLUSH TOILETS nearly everywhere. Auto-sinks nearly everywhere. Auto-towel dispensers nearly everywhere.
  2. Cotton-candy pink, Smurf blue, and royal purple hair colors on nearly all age groups.
  3. Yoga pants.
  4. Mini-mini cars. (Car2go’s are adorable, I just want to pick ‘em up and rub their bellies.)

  5. SuperMini Car2Go Equals Adorable
  6. e-books/e-book readers.
  7. Nipples on mannequins (not in a sex/lingerie store).
  8. Dorsal fins on cars (apparently for Blue Tooth devices).
  9. Talking crosswalks, with seconds counters, with attitude (WAIT! WAIT!).
  10. e-cars.
  11. The 12th Man cult of the Seattle Seahawks with “12” or the blue and teal colors of this football team nearly everywhere.
  12. Credit-card street bicycle/helmet rental stations.

  13. Bikes for rent in Seattle 
  14. Legal marijuana, medicinal. Legal marijuana, recreational. People smoking pot at bus stops, next to kids. Kids smoking pot on the bus, not realizing their joint is still lit.
  15. e-bikes.
  16. Gluten-free markets.
  17. Patterned yoga pants.
  18. Earlobe stretched—do you even call it—piercings. (I had seen a few guys in the last few years who had these but because they weren’t allowed the jewelry/stretchers, their earlobes hung deflated, and sad.)
  19. Flagpoles (without flags) on shopping carts.
  20. Blindingly bright white headlights. Strobe-like/annoying cop car lights.
  21. CCTV cameras nearly everywhere—so much for thinking I’d not be on camera all the time after prison.
  22. The sheer quantity of facial (as in cheeks, nose, lips, etc.) piercings.
  23. Advertisements on grocery store floors.
  24. Sidewalk pet poop baggy dispensers and poop receptacles.
  25. Flavored bottled water.
  26. Phỏ-punned restaurants. (What the Phỏ, Phỏ Yummy, Phỏ In and Out, etc.)
  27. Recycle bins on downtown streets next to garbage cans.
  28. Blow-up Christmas yard decorations.
  29. e-cigarettes.
  30. ASCOB yoga pants.

The Hidden Needle
QUASI-FREEDOM Day 13:

“SO IS THAT an official job offer,” I told the hiring manager sitting across from me after a half an hour interview.

“Yes, yes it is, Jeff. We'd like you to take either the commission on-call jewelry sales job working for me or that non-commission position in women's dresses. Which suits you best?”

I answered him and he was fine with my choice, and here is where I took a deep breath and, in a serious tone, put to use the advice my Veteran's Affairs (VA) rep had given me just the day before and said, “I need to put something on the table. About a year after I was honorably discharged from the Army I made the biggest mistake of my life and, unfortunately, committed a felony. Since then I've remained working, completed my AA, volunteered for two non-profits, and am four classes away from completing my bachelor's degree. But I am currently in work release. I fully understand if [well-known retail chain] isn't able to hire me, but I needed to be up-front with you about this.”
I then answered his uber-polite request to know what the crime was and I answered him, adding, 
“Thankfully, no one was hurt. Do you think this is going to be a problem?”

“Had you've chosen the commission job with jewelry it might've been a concern to the background check people, but I don't think it'll be an issue for the women's dresses department.” I started working there a few days later; I was more than thrilled and took copious notes during my first couple of days of video training and I'm not sure the smile ever left my face.

QUASI-FREEDOM Day 17:

ON MY SECOND and a half day with—um, let's call them Das Schnäppchen, I was wearing my newly purchased uniform of black shirt and pants and I had just finished my cash register training (far less interesting than the video on what to do if a “shooter” comes into the building—run, hide, and then, if needed, fight, in that order). I did the cash register training in an empty room on one of the eight machines there next to yet another computer-screen “trainer” and I was on my way to take my lunch when a gentleman from Human Resources (HR) asked me to come into his office where he asked me for further details of my crime.

I provided all he needed and, for about four minutes, expanded, in detail, all of my rehabilitation. He sent me back and said he'd contact me after he and his two fellow HR co-workers had a meeting about me. 

Two days later my Community Corrections Officer (CCO) called me into her office and told me that the HR guy from Das Schnäppchen said, “We don't work with people in work release.” And she asked him if I could work there when I get out and he, apparently, just repeated that, “We don't work with people in work release.”

Although that wasn't ideal, as I told my VA rep after she sent off an unhelpful (for me) but highly encouraging (to me) email to the HR guy prior to the HR meeting about me, “I look at it this way: this was better than a mock interview because there was pressure to do it right without a 're-do' and I did well enough to actually get the job, so I'll just do it again.”

But hey, I did get paid to watch videos for two and a half days and besides, the jokes about me working in women's dresses were sadly stale and unoriginal after day two anyway.

My Bay Window and Part of the View I Have of the Puget Sound

QUASI-FREEDOM Day 25:

MT. RAINIER EXTENDED all the way to the ground.

QUASI-FREEDOM Day 26:

TECHNICALLY I WAS days away from being sent back for not having a job yet, but was it 4 weeks or 30 days that was the ultimate deadline? Were they going to tell me I had two days left to get a job? Would it matter if I was hired, but my start date wasn't for a few days? And did I get credit for the job I had but didn't quite get fired from? (Another reason to be sent back for, potentially.) These questions, and where I was going to go to work, caused me more duress than each night from being 6’2” tall trying to sleep on a 6’ long bed with nowhere to poke my feet off or through and repeatedly being awakened by leg cramps which I was barely able to bite down on in the middle of the night to stop from waking my first roommate since 1999.

Thankfully a new friend took pity on me after seeing my portfolio of artwork and got me a job painting houses. Though I never got to be as fast as the great guys on the crew, I was often tasked to do the “artist” detailing that others, I think, didn't have the patience for.

And not only was my starting pay higher than the 2.5 day job with Das Schnäppchen, but I got my first ever retroactive pay raise (20 percent more) after the first two weeks on that first paycheck and I got another raise shortly afterwards. But best of all, the stress of being sent back was gone and, since I'd been upfront with the lead-man from the initial phone interview that I was actively looking for other work, I was allowed to work the days and hours that fit my interviewing and still be employed for enough time to not only satisfy the DOC and keep me from the stick of being sent back, but it was enough to qualify for me for the carrot of being checked out of Work Release like I’m a library book to go out on my first “social” visit.

On a Social Visit to the Seattle Art Museum with my Mom

FIRST EVER INTERNET PURCHASES:

  1. TWO PAIRS OF glasses, much needed.
  2. A stack of books the DOC wouldn’t ever let me buy, much desired.
  3. A device I’ve coveted for the 10 years or so I’ve known of its existence and very much needed: nose hair trimmers.

QUASI-FREEDOM Day 42:

AFTER ABOUT 6599 days of not ever being able to go to anybody’s home, after seeing pictures and hearing descriptions of homes and pets, and after undeviating behavior for not just 42 days of quasi-freedom, but for however long it was that qualified me for Work Release, I was approved to be checked-out, yes, like a library book, by my sister as long as I was returned within 10 hours. The late fee is, you guessed it: being sent back, or at the very least, like if under 15 minutes late, losing the privilege of going out on these “socials.”

But to remain eligible for them requires a combination of things: infraction-free, be at Work Release for 30 days, turn in your first (and all) paychecks (because Work Release costs $14.50 a day, whether you’re working or not), and you must work at least 32 hours in the last 7 days. To qualify for three socials, not just two 10-hour socials per week, one must work 40 hours or more in the last 7 days. I, technically, might not have qualified for this first social visit when I did (and maybe ought to have waited a week or two to stay all “legal” but I, um, creatively interpreted the rule) because my painting job only paid us every two weeks but I turned in that 2.5 day job paycheck from Das Schnäppchen and just hoped that they’d count it. They did and I was eligible for my first time going to my sister’s home, see what will be my own room, and—something I’d worried about— something my sister did think I was ridiculous for when, prior to coming over to her home, I admitted that I was slightly nervous about meeting her four dogs and begin the process of winning them over and having them accept me as family. I was willing to bribe them with bacon if need be. Thankfully, though, they just want attention, petting, and, obviously feed them some SNACKS! 

Over 18 years I’d seen the prison’s drug dog many times (and been “hit on” by it, falsely, as well) and a few times some blind church guy would come in and let us pet his guide dog if he didn’t have the guide-harness held. But it’s not even the same as getting on the floor and petting a pack of adorable and friendly dogs. Nothing is.

Touch, actually, is a strange thing. There’s a limited number of things one has the opportunity to touch in prison and my sense of touch (at least for the “exotic”) atrophied but, thankfully, I’m in physical touch therapy—trying to rehabilitate my fingertips to the idea of touching tree bark, the wild grasses grown in concrete planter’s pots in downtown Seattle, soft fabrics, and, yes, the soft fur on the top of Mr. Man’s head. I’m working my way up to human skin.

In prison I was one of the lucky few who were allowed to have trailer visits. This was where my family would come bring food in and we’d make a weekend of eating, talking, playing games, eating, watching DVDs, and eating. Basically just being a family. Connecting in an environment that, unlike the visiting rooms, isn’t tyrannical and almost clinical. But even then, during trailer visits, it wasn’t quite a true vacation from prison. Firstly, the trailers were physically behind the walls so the view was the same: a 30 foot high old, crumbling, weed-covered wall that despite its age and wear, still kept everything without wings, a tail, or a badge, solidly from leaving. Secondly, the guards would “count” us in two ways: one by me standing outside and waving howdy doody to the guards in the tower and, two, by coming in for a “health and welfare” check—these would alternate and come at times that would exasperate my early-to-bed mother far more than me, perhaps because she wasn’t as used to dealing with an inflexible, uncaring bureaucracy.

My First Convertable Ride
But a social visit is entirely different. On my first one I went to my sister’s and did chores like sweeping her roof of pine needles and moss (and while that might not sound like a rowdy wild time, after being what internally has felt like a burden upon my family for over 18 years, I am glad and honored to be able to help out first where I can…time permitting). I also got to ride in her convertible and obviously eat, a lot (some important things don’t change). Eat so much (and such rich food) that I, yes, did get back to the Work Release and, later, puke up all that great food; it tasted better the first time.

Earning my Supper on a Social Visit
Essentially, though, what socials do is let me feel like I’m a fully-functioning, contributing non-caged, actual human who has loved ones that don’t need supervision to be around. On my first social visit I asked my sister to bring a camera. Because after over a month of zipping around and across not only downtown Seattle, but, as I grew more comfortable (in thinking I could get back in time), zipping all around from Burien (down south) to the U district (north) to west Seattle (that’d be west) and to Bellevue (you guessed it: east) with not only my expanding job search (now using that bus pass to its full advantage and not just going to places within walking distance) but also because of my new job as a painter, I had seen so very much that I wanted to document. Hence the camera. 

Stacking Wood on a Social Visit
Getting sent back is the threatened stick, but socials, to be sure, are the biggest carrots the DOC has to offer.  Even given the conditions that some complain about; heck, before I got to Work Release, some guys told me that it’s a rip-off and a scam. I currently pay for my stay here as a “resident” at Work Release—and am happy to pay it (though, it should be noted that those who aren’t happy typically have massive chunks of their checks taken due to debts and are left with very little). But, yeah, I’m happy to pay $14.50 a day for the right—nay, the privilege of earning at the bare minimum of $9.32 an hour for 32 hours a week to earn my socials.

I Guess it is True
But, at the risk of getting political, let’s, for a moment, expand this outward: it costs $46,897 to house an inmate in Washington State [figures from 2010]. Now, while I don’t believe we should be making a profit from the incarcerated (and I’m sure they don’t…well, other than all the jobs generated, but that’s another question), the fiscal concern is often brandished about with respect to incarceration. Yes, it absolutely is expensive—more so the higher the security level (though that’s often a play by the guards’ union to get more workers at more pay to do less work, but that, too, is another question and, admittedly, hearsay and conjecture). But according to the RCW (Revised Code of Washington) I’ve read prisoners are eligible for Work Release at 12 months “to the gate,” as it’s stands, not the 6 months that is currently in practice. If the DOC would invest in more Work Release facilities at an initial large investment, to be sure, it would help pay their way two-fold: residents would help pay their way and they’d not be incurring the heavy expenses that come with an actual incarceration, prison-style. My napkin math says that for six months a resident will pay $2,610 and for a year $5,292 and while that’s not much of a dent in the $23,448 for six months of incarceration or $46,897 for a year, because there are less staff, no walls, and no guns, the actual cost of incarceration will be massively lowered. Just a thought, people, just a thought.

Besides, if the DOC did anything besides a lame feign towards rehabilitation it’d not only reward more guys for longer, with the carrot of social visits, but help them build a nest egg for themselves for when they get out. And that’s possible because the Work Release facility is super strict on how much of your own money you’re allowed to spend while in here and certainly it’s going to reduce recidivism by giving guys more (of their own hard-earned) money upon their release.

Me and a 10 Dollar Hoe
QUASI-FREEDOM Day 93: 

WITH FULL PERMISSION from my Community Corrections Officer, I was able to go to my first “outside” University Beyond Bars event and speak to all the donors who so generously support the UBB. I was slightly nervous there and a few of my jokes fell flat (as they should since I’m only percentage funny—oh, I’m funny, but only a percentage of the time), but overall it went well and it was great to be able to get hugs from teachers who have known me for years.  

THINGS I HAD TO RELEARN (OR LEARN FOR THE FIRST TIME):

  1. ADJUSTING TO THE harsh, almost overwhelming metallic taste of non-plastic utensils.
  2. How to chew gum (not how to chew it, but what flavors to pick from…okay, maybe a little bit how to chew it as I’d not chewed any gum for over 18 years—and I’ll admit, reluctantly, that I did bite the inside of cheek…and lip).
  3. That you shouldn’t click on a link INSIDE an email, but instead put it in the link up top (who knew that malware was buried in a link).
  4. That websites can be counter-intuitive and not make it easy to go backwards: I sent a birthday gift to Scotland which arrived addressed in my name because “the internet is hard,” I told her, but really because I couldn’t figure out how to change the shipping address name be different from the billing name.
  5. That food is hot; not just an industrial kitchen grade hot, but steaming, burn-the-roof-of-your-mouth hot.
The View from my Bay Window


QUASI-FREEDOM Day 127:

AFTER THE PAINTING job became less than full time I had to get another job. Even though I’d created a position in that company which had never existed before (office administrator, bringing the company into the computer age), I needed more work not just to satisfy the Work Release, but also to qualify for the, to me, all-important social visits with my family (I missed out on one weekend because I didn’t have enough hours when my Mom was in town and that perturbed me greatly). So I took one of those jobs that I knew would hire me because they had other guys from two different Work Release facilities in Seattle working there. I was hired on the spot by the owner (who, I later found out, hires essentially everyone who can speak/read English) and I basically made myself a full-time employee by telling the secretary, after I’d started and was discussing my hours, that I only took the job because I was expecting it to be full-time. 

But I have never felt so…creepy doing a job before. Sales, in and of itself, isn’t icky—if you’re providing a good or service that people want, it’s all good. But this job causes people to cry and caused me to cry, too. 

A PUBLIC SERVICE ANNOUNCEMENT: FOR THE LAST month of my quasi-freedom I’ve done maybe not a horrible thing, but certainly a bad enough thing that doing it makes me feel not just icky, but like I branded my karma with some irreparable harm. But I’d like to now, for you, dear reader, at least try to chalk up some good karma points—I doubt it’ll make up for all the harm I was paid to do, but still.

After my painting job dried up to non-full-time status I took a soul-sucking minimum wage job as one of those very annoying people that call you up (with caller ID blocked) asking for money, even if you’re on the national Do Not Call list (“Thankfully charities are exempt from that so that we can raise needed funds for…” reads the rebuttal). Yes, I’m one of THOSE people. Granted, this may not be the worst job there is in that we’re not rude, just insistent. Thrice insistent. As in, “Oh, I’m sorry to hear that you’ve been out of work for a year, just got diagnosed with leukemia, and your dog just ran away—but you actually don’t need anything now to help out…” The one and only thing we’re allowed to end the call for without rebutting twice is the death of a spouse (though I’ll always feel like there’s some slime on my soul for convincing a son to donate in his mother’s name after she lost her husband, his step-father). But in a hope that there might be SOME good to come of all this…here is what I’ve learned that I hope might help you:

There is no rebuttal to even a polite “Take me off your call list”—but please note: there are different versions of this. The “simple” one, at a less scrupulous business like where I worked, gets you off their list for about 70 days and then they’ll call you again. Or at least that’s what the owner of this company said. The more complicated one requires one of two things: (a) either get loud and livid or, better yet, (b) take a few minutes to ensure they absolutely never will call you again by acting like you’re interested, get all the required info (full names, physical address, phone number, registration number with the Secretary of State, tax ID number) and then threaten to call the Attorney General—trust me, they listen to that particular stance. But if you say “take me off your list” before you know who they are, why would they need to take you off?

Always, always, always ask for a specific percentage of how much money actually goes to the charity. Do not accept a paragraph answer that lawyers you away from your actual question. Repeat yourself until you get an actual number. Yes, a for-profit company making money for a non-profit deserves to make some money, I suppose, but do you want to support the charity or the people making money off of the charity? If you truly want to help them, get the info (at this place they’d only reluctantly give out the website info so that people could donate directly as they didn’t get a 60% cut of each of those dollars), and donate directly.

Remember, three is the magic number. Unless there’s some special circumstance, if you politely say no three times, the call will end. Once gets you to the first rebuttal (and there will always be a rebuttal to any “reason” other than “I’m not interested”), twice gets you a second rebuttal (often at a cheaper price), but the third no lets them know that you’re not budging and they’d rather spend their time on the weak-willed; and don’t doubt that there are some who are—on our “taps” calls (a disrespectful label as it’s used as a way to describe people who’ve given in the past and not only do we “tap” them again, but we keep on tapping them until they tap out) we try to only ever talk to the spouse who gave in the past; the other spouse is the one to avoid as they’re usually the one to say, “Take us off your list.” One guy answered my initial greeting with, “No. No. No. There, you’ve heard three of them, now go on to your next call.” This made me laugh—and remember, not everyone who works at such places are soulless.

In four weeks I saw at least two dozen people get hired and then get laid off if they couldn’t get a sale in three 4 hour shifts or, more likely, quit because they simply couldn’t deal with either that much rejection or that much heartache. I will admit, it was hard hearing my first woman cry on the phone to me (her husband just lost his job after being diagnosed with leukemia—but she WANTED to give, she just couldn’t and this caused her to cry and I couldn’t do anything but offer hollow words; talking about it later with someone close to me she told me it’s sometimes easier to breakdown to a stranger, because there’s no pressure to “keep it together”), but it’s also not easy crying on the phone when someone tells you a heart wrenching story. For me that came when a woman told me that she and her husband just lost their business—it’s weird, there were much more intense stories told to me (often within 3 minutes of a conversation), but this one got me choked up and made me say something, I hope, consoling and then ruin the next call because I was all choked up and I was glad the guy hung up so I could go wash my face and try to compose myself. By all means, some of the people there say some horrible things when they hang up the phone about the donors, but not everyone is like that; some are just trying to make some much-needed money in a legal way. And many of them, me most definitely included, will consider their brief stay there with that necessary job as one of the worst jobs they’ve ever had. 

Seattle's Columbia Tower (Had an Interview on the 42nd Floor)
A NOTE ABOUT ANONYMITY: AFTER A COUPLE of months and at least a dozen interviews that went, as far as I could tell, fantastic, but without getting many call-backs I began to wonder aloud if it was maybe more than, possibly, being overqualified. I then Googled myself and saw that if you typed in my first and last name plus Seattle, up popped Minutes Before Six (MB6). And while that’s great for many ways (because I’m proud of what MB6 is doing and stands for), I felt like it was possible that potential employers were Googling me and finding out, without doing an expensive background check, that I’ve been in prison (and for a very long time, for a very serious thing). And, if that was true, then I was maybe making it far too easy for such potential employers to dismiss me and my abilities without giving me a chance to prove that I’m not that dumb 23-year-old kid anymore.

Pike Place Market Graffiti

Pike Place Market Graffiti, My Contribution
All that to say this: regretfully, for now, as I’m looking for (as I say in these endless interviews) “not just a job, but a career,” I have removed my last name from this website. Certainly anyone worth their investigative dollar would still easily find out that I’m a felon and what those felonies were, but there’s no sense in doing their job for them. Although I’m doing this for, I think, sound reasons, I do feel selfish for this choice because not everybody gets to (potentially, partially) hide from their past. In fact, I imagine that there’s a few readers of this site who read this site because many of their people writing it can, and do, well, speak freely in a way the free often can’t, but I hope that my dropping my last name will allow me to continue to speak truth to power, and not just cower away from the potential consequences for speaking up. 

Seattle's Wheel at Dusk
QUASI-FREEDOM Day 152:

IN BETWEEN MY split-shifts of a soul-sucking job (for which I was most grateful to turn in my two weeks’ notice), I filled out after-the-fact application paperwork for my very first job with full benefits and a 401(k). I smiled when he had me only complete the first and last half of the application, skipping over the parts he’d crossed out which included that dreaded question which has killed many a job for me (even after truly killing it in an interview): “Have you ever committed a felony?” 
Oh, sure, there are other phrasings to this question—including the “in the last 7 [or 10] years” one—but this wasn’t the first time I was instructed to skip this. No, when I got that 2.5 days long job at—oh, what’d I call it?—ah, yes, Das Schnäppchen, the in-store, on-line application I filled out had a peculiar (to me, then) phrasing about this question. It said: CRIMINAL BACKGROUND INFORMATION: If you are currently residing in or applying for jobs in HI, MA, MN, Newark NJ, Buffalo NY, Philadelphia PA, RI or Seattle WA, the below questions should not be answered with a “yes” or “no” but instead with “I currently reside in or am applying for jobs in HI, MA, MN, Newark NJ, Buffalo NY, Philadelphia PA, RI or Seattle WA.” The reason for this is that there was a grassroots campaign to “ban the [criminal history] box” on applications so that convicted felons could at least get an interview before that stuff came up.

Seattle recently passed the “Ban the Box” law. This was, as I understand it, because of the movement of the same name  which is all about allowing felons at least a shot at an interview because if they see the box checked, “Yes, I have committed a felony” the application obviously gets chucked, all too often. Absolutely there are jobs in which I’ll never ever qualify for (and I’ve still no idea what about my résumé that draws financial planner/insurance recruiters to me like my eyes to yoga pants—even but for a glance), but I’d still like to interview for the others.

True, there are jobs in which I get that I have forfeited my right to try out for. But there are still a lot of other jobs which, when I checkmark that box (and often have to describe what the felonies were), I know I’ll never be considered for—not because I’m not qualified or because I’m barred from doing that job, but because—from their point of view—why bother? Maybe it’d be different if the economy was hiving and there wasn’t a very low 4.6 percent in Seattle as of September 2014 [source: U.S. Bureau of Labor Statistics] of busy little bees unemployed, but it’s an employer’s market, so companies get to be choosy. Also, because the law isn’t exactly fully know about, let alone enforced, companies still have these questions in their applications.

But I just hope that the smirk I had on my face signing my hiring paperwork doesn’t get wiped off by yet another background check although thus far they’ve all been conducted (and paid for) after I admitted I was a felon; it’ll be interesting to see if they go back over 18 years if they’ve not been told ahead of time that there’s a there there. But it was certainly pleasant to be offered a job after an interview (I’ve had over half a dozen of these job offers in the last 5 months) and not have to pause, shift tones, and “need to put something on the table.” Maybe now, finally, I can just do the job I was hired for. Do the job I know I’m capable of. Do the job long enough, good enough, professionally enough that by the time any background check comes back they might just say, “Hey, he’s a worker—let’s keep him.” One can always hope, right? 

Out Pumpkin Hunting for Halloween
QUASI-FREEDOM Day 152:

AFTER A LONG 18 years, 4 months, and 20 days, I woke up (early, obviously) ready (quite obviously) to get out of prison. After I gathered up all my bedding, washed it, had my room checked for cleanliness, gave the rest of my stuff I didn’t need away, and signed myself out, I grabbed my backpack of stuff and walked out the front door, a free man. Freedom. Is there any word better than that? Is there any better feeling than that? I don’t know, but I’ll let you know in part two, when there won’t be any “quasi-” to this freedom.

What I Actually Wore Out on Halloween To and From Bishop Lewis Work Release (sans Dog)

—December 2014

Jeff C.
jeff@minutesbeforesix.com




The Big House

$
0
0
By Timothy Pauley

1980 was a bad year. When it began, I found myself living in a van, which I parked in the lot of the factory where l worked. This provided me with a bathroom and shower at least. My bed was a sleeping bag perched atop the inch of foam padding under the carpet on the floor of my van.

I was young and resilient. This was not a circumstance I expected to continue, and it didn't. A few weeks into the new year, I was able to rent a room on a house nearby and it appeared life was looking better. On February 22 my optimism proved to be premature.

That evening, I was cleaning a raw materials conveyer belt that ran from a four-story silo to the root of a building that housed a huge furnace where glass bottles were made. The end of the conveyer was about twenty feet above the roof and the forty-foot length of the conveyer mechanism was encased in metal, with small inspection portals every few feet. There was a catwalk on one side of the structure, which permitted one to walk the entire length of the belt.

My job was to open each inspection portal, scrape the material that had fallen oft the belt into a bucket, then dump it back onto the moving conveyer. This was done with a two-foot metal rod that had another piece of metal welded to the end to form a I shape. At the opposite end was a loop to provide better grip.

It was 7:00 PM when I climbed the ladder to begin this task. Methodically I went from one inspection cover to the next, scraping the excess material into my bucket. This was a task I'd performed many times before and five minutes later I was at the end of the conveyer. I opened the last inspection door and began scraping. As I thrust my tool in for one last pass, one of the staples that spliced the belt together caught the end of my tool. In an instant, the belt jerked my hand into the space between the belt and the huge drive roller. Try as I might, the mechanism was relentless.

In seconds it had pulled my entire arm into the space, with the belt tearing at one side of my arm and the drive roller at the other. My left hand slammed into the place under the housing where the safety kill button was supposed to be. Nothing but metal. It seems the catwalk had been built on the wrong side and the actual button was on the opposite side, some twenty feet in the air. Apparently nobody had noticed until that moment.

I let out a scream that came from the very depths of my being and puller with all my might in an effort to resist this powerful force. It was no use. The belt continued to run for another two and a half minutes. When the belt began slipping on all the blood and torn flesh, the automatic safety kill stopped the belt. Although, safety kill is not an accurate term as this particular device was not designed to protect people, but to stop the machine when it became plugged and was slipping on excess material falling from the belt. 

When the belt finally stopped, it was dead quiet. I'd been expecting to see help on the way, but instead there was nothing. As I looked around, there were only two places on the ground that had a view of my position. One was in the middle of a busy highway and the other was an empty expanse where raw materials were stored. I was screwed.

It didn’t take long to realize that I was the only one authorized to be in this area. I was also the only one likely to have any business in the raw materials yard I was looking down on. It was 7:05 and the soonest I could expect anyone to venture to this part of the plant was at least twelve hours later, and more likely sixteen. I had to think fast.

My first strategy was to grab any object I could reach and throw it over the edge of the roof. My hope was that metal objects raining down would attract someone's attention enough to motivate him to come look. I was able to reach two metal inspection covers and two large bolts that secured them. One at a time I pitched them over the side, then waited.

By 7:15 it became apparent nobody was coming. My clothes were soaked in blood and it seemed at this rate I would be running out of that pretty soon. I didn't realize that the way I was pulled into the housing had forced me to keep my wounds above my heart and that, coupled with the pressure of the machine and the friction burns, had mostly stopped the bleeding. These facts would have been meaningless to me even had I known them. If I didn't get out of that machine; I was going to die.

So I started pulling. Hard. At first there was no give at all. I soon found myself contorting my position to put my foot up on the housing for leverage. Once that was secure, I pulled for all I was worth. Slowly I could feel my body moving away from the machine. The pain was constant, whether I just sat there or whether I pulled, so I continued to pull as hard as I possibly could. I was able to get nearly all the way clear. But my hand would not come free.

It was 7:25 now and I could actually stand up. My arm bone was completely exposed now but my hand would not pull free frown the machine, no matter how hard I jerked. I looked around once more and noticed activity in the raw materials yard. A driver was delivering a load of sand. He had a huge dump truck, with a dump truck style trailer attached. His routine was to dump the trailer first, disconnect it, then dump the main load, after which he would reattach his trailer and be on his way.

On this occasion, he'd brought his fifteen-year-old son along for the ride. As Scotty, the driver, maneuvered to hook his trailer back up, the boy stood in the yard getting some fresh air. In desperation, I pulled off my white and blue baseball cap and began waving it frantically. It seemed like a long time but right before he turned to head back for the truck, the boy saw me and pointed. Soon Scotty was standing next to him and they were both looking my direction. It was 7:30.

A few minutes later, maintenance workers were hurrying up the catwalk, tools in hand. The wave of relief that swept over me was short lived. Instead of immediately cutting the belt and freeing me, they began to disassemble the machine. I was livid. Expecting to pass out at any moment, I had no comprehension for their methodical approach and began hollering at them. Finally they decided to go ahead and cut the belt and moments later I was freed. It was 7:35. I'd been caught in the machine for a full thirty minutes.

As I pulled free from the belt, l could see my entire forearm bones. The flesh that had covered them was hanging off my wrist like a glove. Even though I could see this, it still felt like my hand was in its normal spot. My mind had yet to adjust to my new reality.

The maintenance workers encouraged me to lie down and wait for help to arrive. I was so wired on adrenalin, there was no way that was going to happen. I hurried down the catwalk and began climbing down the ladder. Moments later I was in the parking lot as the fire engine arrived. They encouraged me to sit down on the back of the truck to await the ambulance. The same adrenalin that had kept me alive prevented me from that and I paced erratically until the medic van arrived a few minutes later.

As I laid down on the gurney in the back of the ambulance, I asked to be made unconscious. I knew they were going to saw off my arm and I would be a cripple forever after. I just wanted this day to be over. But that's not how these things work. First you answer questions.

In spite of several pain injections, I was fully conscious until the moment I was lying on the operating table and they put the mask on me. The last thing I remember was a catheter that seemed like it was a hundred yards long being inserted. That actually hurt worse than my arm. My adrenalin had completely counteracted the pain medications. 

I woke up in intensive care with all manner of hoses, tubes and wires sticking out of me. Much to my surprise, my arm was still attached. In fact it was sewed to my chest. For the next two days I faded in and out of consciousness as my body recovered from the near death experience. Eventually I was moved to the burn ward. This was necessary because I had second and third degree friction burns all over my elbow area.

Each morning, a doctor would come in and peel away a new layer of charred flesh, then apply a new burn dressing. The pain this caused was easily equal to that of the conveyer belt. The only difference was that, while the conveyer belt was a surprise, I knew the peeling was coming each day. 

In 1980, pain management was a developing science. Due to the prevalence of heroin and opiate addiction, doctors were reluctant to prescribe adequate amounts of painkillers. This meant that each morning, as I sat on the edge of my hospital bed, I would fade in and out of consciousness as I became overwhelmed by the pain of having scraps of flesh pulled free from my arm. After several days I asked a visiting friend to bring me a bag of weed to help me cope with these traumatic events.

My new routine became centered around preparation for the daily peeling. At seven I'd have breakfast. At 7:30, as soon as they retrieved the trays, I'd begin smoking pipeloads of weed. At 8:30 the doctor would arrive to administer my daily peeling. I'd continue to fade in and out of consciousness during these events, but the weed helped considerably. On one occasion, as I struggled to maintain consciousness, the doctor told me that if I didn't smoke so much weed this wouldn't be happening. Had I not been in so much pain, this might have elicited laughter. In my mind, without smoking so much weed, I'd have been unable to endure these events.

Two months and five surgeries later, I was released from the hospital. My arm was semi-functional but was still swollen to about the size of one of my thighs. I had to return to the hospital every day for physical therapy and dressing changes. I also had to wear elaborate contraptions on my arm to stretch the torn muscles. I was missing about three inches of flesh from my elbow area, and what was left had to be stretched to make due. 

The day I was released from the hospital, my downward spiral ensued. First I went to have a few beers with some friends. Afterwards, they dropped me off at the place I was living and the gravity of my situation started to overwhelm me. I was a cripple.

From that moment, I spent every minute of every day, trying to drink and smoke my pain and despair away. I spent most days sitting around feeling sorry for myself and had frequent nightmares that threatened to rob me of my sanity. Eventually I became paranoid. Four weeks out of the hospital I went out and bought a pistol. 

Less than eight weeks after I was released from the hospital I found myself sitting in county jail for shooting two men. It was a senseless crime and the moment I sobered up, that fact became obvious. I was horrified at the realization of what I'd done but it mattered not; once you jump off that cliff, there's no going back. Now I was in the staging lanes for one of the most violent prisons in the country. At least the nightmares stopped. They were promptly replaced by insomnia ....

***** 

Nine months after my arrest, I boarded the bus headed for prison. My right arm was still badly incapacitated. I could move the three fingers opposite my thumb and I could bend my elbow almost to a 90° angle. The skin grafts hadn't finished healing, however, so I required daily dressing changes and my arm was still swollen almost twice the size of a normal arm.

I was entering an environment where many of those around me were looking for any sign of weakness to exploit. In fact, weakness was nearly the only character defect that was not tolerated. Drug addiction was celebrated. Dishonesty was encouraged. But weakness was exploited. Bad things happened to people who were perceived as weak.

The thing I had going for me was the exact same thing that was dragging me down. Murder charges. When I went to court this meant everything was all bad. As it related to adapting to the predatory environment of jail and prison, however, it helped me avoid much of the victimization I might otherwise have experienced.

I didn't realize it at the time but the conventional wisdom held that even though I was soft and ignorant to the ways of the streets, I would be in prison for a long, long time. People considered that making an enemy of me early on might not go so well for them once I'd been in prison for a while and adapted. Of course I was oblivious to this, but it was probably the reason I wasn't raped or robbed. With all the mistakes I made, I undoubtedly would have been, if not for this.

The mistakes came early and often. In jail I learned a little about how prison works and how to be a good convict. This education kept me from doing anything likely to get me murdered, like telling on someone or running up debts I couldn’t pay. Had l done these things, it would not have mattered how much time I was serving, there would have been severe and immediate consequences. This was especially true for someone like me, who had no support amongst the regulars. 

But there were also many who gave me bogus advice. Often the people most willing to share their wisdom are the ones who you never want to listen to. Over the years I've seen a lot of people who like to do this. I suspect their motivation is strictly the entertainment value of watching the ensuing wreck when someone actually follows their advice.

The first major mistake I made was not buying into the racial segregation dynamic that ruled prison at that time. I was told to keep to my own kind from the moment I hit county jail. But I'd been raised to disregard racial differences and to view everyone the same. In my parent's world that was good advice. In prison in 1980, it was a recipe for disaster.

A couple of black guys latched onto me early on. They tried to pretend to be my friend, all the while trying to play me out of money. I later learned this was called “game.” They offered me deals to sell me weed. After I bought some they sent their friends to try and buy some from me. When I sold them some, they didn't pay up like they were supposed to. It was all some kind of test to see if I could be made into a sex slave.

Typically when a young white guy gets to prison and starts hanging out with blacks, the other white guys will have nothing to do with them. Eventually this lack of support is likely to turn out badly. Often they get raped, then converted into someone's bitch, to be passed around or sold at the will of whoever lays claim to them. Since they voluntarily chose to side with the blacks, nobody will help them, even if they do put up a fight. A lot of that has changed over the years. Much of it no longer applies once a person is established, but this is exactly how it was when I arrived at prison.

The way this worked for me was that Walla Walla was 4 very violent place. The conflict resolution mechanism of choice was widely acknowledged to be stabbing or bludgeoning your adversary. This wasn't merely an option. It was expected. Letting things go or refusing to stand up for oneself could, and likely would, have disastrous consequences.

When the first guy didn't pay for the weed I sold him, I asked the black guy who'd been pretending to mentor me, if I was required to stab this guy and, if so, how would I get a shank. I was a stupid kid with no idea how things worked. I was probably lucky I asked him because I didn't exactly know how to do this anyway. This principle had been impressed upon me by many people already. Since he'd been behind the whole deal, he advised me just to let it go, which was just what I wanted to hear.

I tried to get him to explain to me the conflicting information I'd been getting. Why was everyone telling me violence was called for and he wasn't? He ran some line on me that convinced me it was okay to not do anything. This was fine with me. Had I actually been required to stab this guy, it’s just as likely he'd have ended up killing me anyway.

That evening, he and one of our other cellmates followed up on this. Later I realized I was very close to the getting raped part of their plan. They asked me what I would do if I was jumped in the shower and raped. I told them I'd have to stab the guy. Then they wanted to know what if there was more than one. So I'd have to stab all of them. Then they told me what if they were bigger than me and tougher than me. What if they would kill me. So I told them that ii my choices were to be someone's bitch or dying, I'd take my chances with dying. 

They gave this some thoughtful consideration. After a short while, they told me I had to move to another cell the next day. At the time I didn't put all this together, but looking back, that is exactly what was happening. Had I been a short-timer, it wouldn't have mattered what I answered, but being a lifer the principle mentioned earlier literally saved my ass. 

So, I bounced around from cell to cell. I took several beatings for minor transgressions over the course of my adjustment but 1 never told and I never ran from them. Unbeknownst to me, these two things counted heavily in my favor amongst the people who were running things (not the guards) and were the beginnings of a favorable reputation. But that wouldn't help me until much later.

I was eventually shuffled off into a cell with three Chicanos. The guys I had been sharing a four-man cell with wanted to move in their friend so they talked these guys into letting me move in. During my first months in prison, I’d been getting all kinds of advice that later turned out to be bogus. Everyone had to have a shank. You never talk to the cops. I'm sure there were many others, but these are the two that tripped me up. So I found a piece of metal and scratched it on the cement until it had a point on it. The finished product was an eight-inch ice pick like thing. I pushed it into my pillow. Three days after I moved in with the three Chicanos, the cops searched the cell and found it, What I hadn't been told was that, while nearly everyone had access to a shank, NOBODY kept it in their cell. 

When the cops find a shank, they take all the occupants of the cell to the hole immediately. Unless one of them admits it was his and the other occupants didn’t know about it. But I'd been told you never talk to the cops. So we all went to the hole, the other three having no idea why.

Once I got to the hole, I found out about this but by then it was too late. I tried copping to it but the guards wouldn't let me. When I went to my hearing the hearing officer thought the other guys had put me up to riding their beef. He would not believe this shank was actually mine no matter what I said. He suggested I just check into protective custody.

Nearly everyone who'd given me advice on how to do time had impressed upon me that going to PC was considered one of the worst things a convict could possibly do. I declined his offer. So three of us had to do thirty days in the hole and one poor guy had to do sixty.

The two guys who got out the same day as me (we were all returned to the same cell) got back before me and stole all my stuff. When I finally arrived, my clothes and other belongings were gone and they claimed it was like that when they get there. None of their stuff was missing.

Now I was the idiot that got his whole cell sent to the hole. Nobody wanted me to move in with them. The guys who were in the cell warned me that I should not be living there when their friend got out of the hole. With no place to go, I did not heed their warning.

When he got out, he waited until after lock up that nigh; then beat me down. First he gave me a choice to become his bitch. I refused so he issued me a beating for the trouble I'd caused him. On this occasion I didn't really fight back, I just covered up and took my whipping. I had it coming.

I was told I had to move. Even though it conflicted with the whole not talking to the cops thing, I went to my counselor the next day and told her I had to move to another unit. She wanted to know why and I finally just told her I was having problems that were likely to turn ugly if I didn't get moved out of the unit. Instead of throwing me back to the wolves, she put in an order to move me to another unit.

With all this constant drama and the threat of being raped, beaten, or killed looming over me every minute of every day, the whole concept of how much time I had to serve was not something I had the luxury of contemplating. I was more concerned with how to live to the end of my day or the end of the week.

In my new unit I lucked into a series of good cellmates (the new unit had two man cells instead of four) who actually helped me understand how things really worked.

So far all my transgressions had been stupidity, not treachery, so as soon as I learned how things really were, life got better immediately. I fell in with folks of my own kind and many of my brother lifers began getting to know me on a personal level. After a few years I was accepted as one of them and was no longer in danger of being victimized.

The other thing that helped me in this regard was that I began lifting weights when I first got there. Back then weight training wasn't nearly as popular as it has become, but I had an arm that didn't work right. I was in a place where any sign of weakness was likely to be exploited so I wanted to fix that as quickly as possible. So along with my social transformation came a physical one. As I learned how to act right, I also became a physical specimen that was better suited to both take a beating and give one. I'm sure this helped with my adjustment as well.

Ironically it was the building muscle armor project that got me started on the road to rehabilitation. After a couple years of lifting, I began entering and winning powerlifting contests. This was the first time in my life I'd ever been good at anything. But it was just a part of learning to cope with my new reality.

When I‘d arrived I had no idea whom to trust and ended up trusting all the wrong people. While I had to suffer some consequences for that, it wasn't nearly as had as it could have been, and was for many others I saw over the years. After a while I learned how to spot a creep. Just like after a while I learned how to cope with the reality of what my life had become. I made a bunch of mistakes and learned from the ensuing consequences. My first three or four years in prison were consumed by this recurring pattern.

Wrapping my mind around the concept that this would be my life for the foreseeable future and perhaps even forever, didn't kick in until I'd crawled out from under the learning prison process. It was than that I began discovering what tremendous potential I had. First I found I was good at powerlifting, than it was sports, then school. One thing led to another as l worked at building a life for myself that was reasonably fulfilling.

The major strategy tor this process was built on the concept of ignoring nearly everything that was in the world from which I'd come and instead focusing on the things available to me where I was now. Instead of concerning myself with all the things prison was depriving me of, I did what I could to fill my days with meaningful activities.

Once I'd built some self-esteem, my life was better in prison than it ever had been outside. Recognizing myself as a worthy person helped seriously mitigate the hardship of knowing I was stuck in prison. And this self-realization permanently changed for the better all the ways I. interacted with the world. But it was a long process and I still managed to make a jackass of myself many times before it was over.

Timothy Pauley 273053 A316
Washington State Reformatory Unit
P.O. Box 777
Monroe, WA 98272-0777



The Other Death Sentence

$
0
0
CondemNation: The Struggle To End Death By Incarceration
Written by Right to Redemption and submitted by Terrell Carter

Pennsylvania has over 5,400 men and women condemned to serving life sentences without the possibility of parole—death by incarceration. Prior to September 2012, there were even more. But thanks to the United States Supreme Court's recognition of the evolving standards of decency, the Justices ruled that it was cruel and unusual punishment to condemn a child to serve a mandatory life without parole prison sentence. See: MILLER v. ALABAMA 132 s.cr. 2455 (2012).   This case hopefully will provide 500 human beings who were convicted when they were children a second opportunity at living productive lives.

But there still remain 4,900 men and women condemned to death by incarceration. Pennsylvania does not now nor has it ever had parole for men and women condemned to die in prison. The framers of the Pennsylvania Constitution in their infinite wisdom realized that to condemn a human being to a Life-Without-Parole prison sentence is to kill the human spirit and destroy any and all human possibilities and potential. In order to avoid institutionalizing hopelessness, the framers of the Pennsylvania Constitution provided a mechanism allowing human beings to demonstrate qualities expressing their transformation, such as: a contrite understanding of their negative and destructive actions and the impact their decisions had on families and the suffering on the communities at large. Thus showing their diligence on improving themselves to become productive members of the community. If they were able to show that they had undergone this process through education and program compliance they could then apply to the board of pardons for commutation.  Commutation is a form of mercy that allows a human being to serve the remainder of his/her life sentence on parole. Upon applying, if a person could get a majority vote (there are five members on the board of pardons), his application would then be viewed by the sitting Governor, who would make the ultimate decision on that person's freedom. 

In l997 this process would be forever changed, effectively shutting the door on thousands of human beings and their hopes for redemption. The rationale for this draconian measure was one man--Reginald Macfadden. After being incarcerated for twenty-five years for the rape and murder of a elderly woman, in 1995 Macfadden's life sentence was commuted. At the time of his release the prisoners who knew him were shocked. After all, it wasn't a secret that Reginald Macfadden was mentally disturbed. But what they didn't know was the fact that,what facilitated Macfadden's release was his cooperation in the successful prosecution of a prison assault case during the Camphill prison riot. Desperate for a conviction, the authorities made a deal with a man who they knew hadn't been rehabilitated. Sufficient to say that not long after Macfadden's release he raped dn murdered two more elderly women. 

In the Pennsylvania governor's race of 1995, this one tragic event became highly politicized. Tom Ridge was able to defeat then-Lieutenant Governor Mark Single. Mark Single sat on the board of pardons and voted for Macfadden's commutation. Tom Ridge used that vote against him and promised to keep Pennsylvanians safe by keeping the “MURDERERS” behind bars forever. Out of all the promises made during this gubernatorial campaign season, this was one promise that was kept. Ridge won the election and once in office, he immediately went to work making good on his promise. The first thing that he did was put a halt to all commutations, even the ones that were granted. The next thing he did was put a ballot question before the Pennsylvania voters that would amend the Pennsylvania Constitution's commutation process. With a low voter turnout, Governor Ridge was successful. The Constitutional Amendment was prepared in 1995 and in 1997 it was voted into law. A special session was called by Governor Ridge, No, 1 section 9. The ballot question stated: 

"Shall the Pennsylvania Constitution be amended to require a unanimous recommendation of the Board of Pardons before the Governor can pardon or commute the death sentence of an individual sentenced in a criminal case to death or life imprisonment, to require only a majority vote of the senate to approve the Governor’s appointments to the board, and to substitute a crime victim for an attorney and a corrections expert for a penologist as board members?” 

This amendment would make it virtually impossible for anyone who was condemned to a life sentence to have his/her life sentence commuted. It also magnified a system that made justice expendable. Litigation went on for eleven years, and the condemned lost in the Third Circuit: See PA. Prison Society V. Cortez, 508 F.3d 156 (3rd cir 2007).   The case was sent back to the lower court, and the condemned once again appealed to the Third Circuit and lost on the merits. The court held that the constitutional right of those sentenced to life-without- parole were not violated by the 1997 Amendment.

With the avenue of commutation effectively shut down, the intent of the framers of the Pennsylvania Constitution, to avoid institutionalizing hopelessness, has been negated and as a result thousands of men and women are being held to account for the actions of one man--Reginald Macfadden. Hopelessness has become a contagion infecting the entire Pennsylvania criminal justice system, and in the process, undermining the very ideals of repentance and redemption that the Quakers, the founders of Pennsylvania and the first penitentiary, had in mind.

As a result of this monumental struggle for parole eligibility, two years ago a group of men came together and formed a committee called Right To Redemption. We realized that parole eligibility for people convicted of murder is not a popular issue with the public. After all, we’re talking about people who have caused great loss and pain to the public: i.e., to families and communities. We are not the same individuals we were 20, 30, 40 years ago. Every human being would like the totality of who they are to be more than just their worst act. The sentence of Life Without Parole (LWOP) does not even consider the possibility of change in a person.

As the death penalty continues to lose popularity in this country the sentence of LWOP is being marketed to the public as an increasingly viable alternative. Sadly, many opponents of the death penalty have proven to be the strongest proponents of LWOP. They do not see that this sentence is just as final as the death penalty; it is America's other death penalty. LWOP is death by incarceration, or according to some more astute minds, it is the “death penalty in sheep's clothing.”

The Right Tb Redemption believes that to sentence someone to LWOP is to say that he or she is irredeemable. How can anyone but God determine that? We believe this systemic negation of the human capacity for redemption is a crime against humanity. Therefore we call on forces of goodwill everywhere to come together, consolidate and champion the human right to redemption and dignity in any case or circumstance; to advance the idea of forgiveness for those deemed worthy; and to help the criminal justice system and the public see the rightness of embracing the prospect of redemption over unceasing retribution.

LOG ON TO OUR FACEBOOK PAGE: RIGHT TO REDEMPTION 

Terrell Carter BZ-5409
SCI Graterford
P.O. Box 244
Graterford, PA 19426-0244

* * * 

Life Without the Possibility of Parole: LWOP 
By Arthur Longworth

Tony liked math. I saw him send away for math books and teach himself calculus and trigonometry in here. Then, somehow, he got other prisoners interested and he taught them too. He always worked, Even after he lost part of his hand in the license plate factory, he got another job right away. He ran a lot too. If they let us into the yard for three hours, he’d spend every minute running. And he encouraged others to run. He bought candy bars and coffee from the prison store for prizes and sponsored races that he didn’t run in - I think so others would have a chance to win. Because if he had run, they wouldn’t have.

Ever know anybody like that? I can’t help but feel that Tony was worth something. He cared about others and he lifted spirits in here, many times, I knew him for as long as he was in prison - which was 25 years - until he hung himself in his cell earlier this year.

Tony had LWOP. He was one of about 50,000 men and women in this country (1) who have that sentence. In fact, I’m one too - I got it more than 30 years ago, not long after I left the last state boy`s homes I grew up in. Although my face doesn’t accurately represent this sentence. because two-third of those who have LWOP aren’t white people (66.4%) (2). 65% who have this sentence received it for a non-homicide offense (3), which, I’m ashamed to admit, isn’t me either. But I do know this sentence. Because it’s impossible not to know it when it’s been your experience for as long as you can remember. That’s why I want to talk about LWOP - honestly - because inside these walls it doesn’t feel like people outside are doing that.

COURTS
Our legal system defines LWOP as non-capital. In other words, no different than any other prison term. So courts uphold this sentence in ways the US Supreme Court prohibited for capital punishment more than 40 years ago. This means that LWOP can be - and is in Washington State -- handed out as a mandatory sentence that neither judge nor jury have any say over. And LWOP cases don’t get the kind of representation as cases the court does recognize as capital. It’s not even close, A well-off shoplifter in this state can get better representation than a poor person facing a LWOP sentence

There’s a lot wrong with that. But the root of the problem is the hypocrisy of a legal system that holds the actions of those it judges to a different standard than it holds its own. Think about it - courts assess culpability, or weigh out the blameworthiness, of an individual by viewing their crime through the lens of intent. Right? Think about it. The intent of an individual committing a crime defines what the crime is, often it’s the difference between 1st degree and 2nd degree or a different charge altogether. It’s a fundamental principle of law. It doesn`t make sense that a sentence issued by a court isn`t viewed through the same lens, When the intent behind a sentence changes from allowing for the possible reform of an individual to his or her death in prison - when that is specifically what you send someone to prison to do, to die here - how is that sentence not fully capital?

POLITICS
Lawmakers have a different take on LWOP, In fact, it was politics that created this sentence In 1972, state legislatures across the country enacted LWOP statutes in response to a nationwide moratorium on the death penalty (4). Our state was no exception. Although this sentence was originally enacted only to be used for those who would otherwise have received the death penalty, had it been in place at the time. However, once LWOP was on the books, lawmakers expanded its use through the idea that this sentence is a way to be “tough."

What’s wrong with this is that sentencing so many people to LWOP, without reviewing them at any point in their sentence, isn’t toughness. That’s not tough. And I don’t say that self-righteously, because I only learned it myself through the crime I committed as a young person. Not having compassion - not caring about any human being, no matter who they are, or how much you feel you’re different than them, or angry at them, or you think you hate them, or whatever - none of that is toughness. It’s ignorance

CAMPAIGN TO ABOLISH THE DEATH PENALTY
Enmeshed in politics is the national campaign to abolish the death penalty, although death penalty opponents seem to derive their understanding of LWOP from the courts because they endorse this sentence as something less than execution. Their campaign promotes LWOP as a “safe and just" alternative (5), a mercy. Maybe death penalty opponents are misled by the term "life." I assure you, if you shared this experience with us, you would understand that LWOP is not life.  In fact, that`s exactly what it isn’t.

Promoting societal acceptance of LWOP legitimizes death in prison as a social practice and has repercussions far beyond this sentence - it supports all death in prison sentences and, frankly, frames them as a condition that isn’t so bad. Know that this kind of sentence is inhumane - it’s torture -- in the eyes of the rest of the world. For that reason, the international campaign to abolish the death penalty doesn’t support it. A campaign that does support it, even in the face of such racial disparity, grates against the history in this country behind the term “abolition.”

ACADEMIA
The academic community comes the closest to understanding LWOP, Academics at least look at it objectively, They’re the ones who coined the term “warehousing” to refer to prison as it is used nowadays: packed full of people with long-term sentences with no serious system of reform or review. They describe LWOP as “exclusion” (6) (albeit. permanent), analogizing it with "banishment" (7) - a punishment from the Old World that predates incarceration. 

But academics don’t quite have it right either. The term “warehouse” isn`t accurate because a warehouse doesn’t harm or destroy what it stores, it doesn’t cause the product inside it to become less useful or compatible with society. This does.

Neither is this mere "exclusion." Prison in the US isn`t a place where you go and merely “do time.”  There’s nothing passive about it - it’s an active, aggressive form of punishment.  You may not see this outside prison - and maybe that’s what the walls and fences around prison have come to be used for, to keep you from seeing that bad things happen to people in here as a matter of course. In reality, "doing time” is getting used to watching people be harmed and destroyed in from of you. We become hardened to it - I guess because we really don’t have any other choice - we steel ourselves against it as a means of continuing to eke out our own existence, but that doesn`t change what this is. No modern society has prisons as harmful as ours (8). And nothing is worse, or more aggressive, than being in here without hope. This isn’t "banishment." Let’s be serious - you didn`t stick us on a ship and send us to America - that`s not what this is.

LWOP
So, what is LWOP? Not what institutions or individuals outside the experience say it is, but what is it really?

I can tell you that none of us who have this sentence got it for nothing. And because of that- because of the crime I committed as a young person - I’m not writing to advocate for or against this sentence. My intent is to relate it - to try to convey it to you - so you can decide for yourself whether or not you think a state institution should be doing this, or at least if it should do it to so many people.

The only way to even begin to understand LWOP is to imagine how you would feel if it were happening to you. Think you can do it? For anyone willing to try, let me describe for you what you would experience

LWOP is hopelessness. Every day you wonder how much closer you are to the end of your sentence. You can’t help it, because that’s a human being’s natural reaction to incarceration - to yearn to reach its end, no matter what it is. You learn to survive if you can, to exist, but it`s only a holding on, a dogged refusal to quit. It’s not because there’s a pathway in front of you down which you might walk in order to redeem yourself. In no point in this sentence are you allowed in any way to make up for the crime you committed as a young person -- no matter how vast the difference between who you were at the time of the offense, and what you do or make of yourself in the decades after. Nothing is in front of you except the end point of the sentence, all you were really sent to prison to do, to die here. With no point to work toward other than your own physical expiration, your will to live invents, it tums in on itself. You feel as though you’re being crushed, as though you can’t draw in breath, as though you`re only pretending to still be alive.

LWOP is the death penalty. And when it`s happening to you, you realize you don`t have the same luxury as everyone else - the luxury of being able to pretend that that`s not what this is.

Notes
1. Ashley Nellis. “Tinkering with Life: A Look at the Inappropriateness of Life Without
Parole as an Alternative to the Death Penalty” (Washington, DC: Sentencing Project, Jan.2013),

2 Ashley Nellis and Ryan S. King, "No Exit; The Expanding Use of Life Sentences in
America” (Washington, DC: Sentencing Project, July 2009).

3. Ibid.

4. Furman v. Georgia (US Sup. Ct.. 1972).

5. Safe & Just Alternatives website (http://www.sjawa.org/get-the-tacts).

6. Sharon Dolovich, “Creating the Permanent Prisoner”,

7. Ibid.

8. Robert Ferguson. Inferno: An Anatomy of American Punishment, Harvard University
Press. 2014.


Arthur Longworth 299180 C238
Monroe Correctional Complex
PO Box 777
Monroe, WA 98272
To watch Art deliver his essay to a live audience at the Concerned Lifers Organization Conference, please click here



21 Years of Living Dyingly

$
0
0
By Thomas Bartlett Whitaker

Death has two faces: one's own 
Death, and the death of those we
Love.  Wisdom looks into the eyes of
Each face and sees what it must.
A.C. Grayling



It's around 6 p.m. on New Year's Eve.  I am supposed to be writing an entry to be mailed out on the 2nd.  It says so right on my calendar: “Send out AP article today, NO EXCEPTIONS.”  I'm not generally in the habit of procrastinating like this, especially when I talk to myself in all caps.  Actually, I've been attempting to pick the lock on the gates of inspiration for over a week now, to no avail.  I've never wanted to write something less, never felt so inadequate to the task.  If you are reading this, they are in the process of killing my best friend, Arnold Prieto.  I'm supposed to eulogize him, and I can't seem to find my words.



I've never been very good at this sort of thing.  My habit is to disappear and distract as much as possible when my emotional state is unsettled.  My modus operandi is to over-intellectualize matters;  I locate a literary reference or quote that seems pithy, something I can throw up in neon so that your attention is diverted, and then dive out the escape hatch and hope you didn´t notice.  In fact, that was my plan, to talk about The Plague, Camus' allegory of what happens when you exist in a society where death stalks you at every corner, not as an event but rather as a state of existence which persists beyond the ability of man to alter or end it.  I could have written at least four or five pages on this novel, tied it all up with a bow, showed how in Oran there is only “the townspeople” and “the volunteers,” and how Arnold was one of the latter.  It would have been decent, but it wouldn´t have had anything to do with my friend, only with my inability to somehow summarize his worth.  It would have been a betrayal.  Arnold wasn't a “volunteer”; I am.  And he thought such attempts at courage-in-adversity silly and pointless.



It's just not good enough to say that Arnold was good enough, to say that he was an honest man in a den of thieves.  Explaining what I mean by this requires you to understand our context, which you cannot do, and the content of a shared history, which would take me years to describe.  Eight, in fact.  And I just have no idea how to distill all of that down to a form that someone from your world would understand.  I'm used to much of what I say and write being lost in translation.  When it comes to the few friends I have back here and how we have attempted to survive and thrive in this hell, I don't even know how to use the transmitter.



The truth is, we probably shouldn't have been friends in the first place.  We have almost nothing in common.  He's not political.  He couldn't be persuaded to learn what it meant to be right or left wing.  If one were to plot out what he believes on a map, he'd be pretty firmly in GOP territory.  To rile me up (and, oh, does he every know how to press my buttons), he talks about how Edward Snowden should be executed and how the NSA is nothing to worry about if you aren't breaking any laws; I won't even go into his views on Authority, save to say that they spiked the hell out of my blood pressure.  About the only thing we do agree on is religion, though he came to this position in a way that vexes me and I came to mine using methods he thinks are unnecessarily complicated.  We had great arguments, but somehow none of them were ever fatal to our friendship.  It's weird.  I can't explain it.  It's never happened to me before.



Years ago, Kevin Varga came to our dayroom and asked several people to participate in a little thought-experiment he'd come up with.  Imagine, he asked the guys, that a prison transport aircraft crash-landed on an island somewhere.  How would we live?  What would we do?  All kinds of solutions were offered, most of them representative of the sort of posturing that convicts engage in when in large groups;  it would have been a bad day for purported snitches, suffice it to say.  Neither Arnold or I said much, but I later asked him what he would do.  All he wanted for himself was to get away from everyone else, build a cabin with good sight lines, and live his life in a manner which fit him.  He said he didn't need to ask me, that he already knew that I would build a raft and take my chances on the high seas.



He was right, and I've thought about this island often over the years.  I take risks.  I am never satisfied, more often than not, bored out of my mind.  I have a very north German way of taking the good things for granted and focusing on the things that went wrong.  This all makes me annoying as hell.  Arnold was way more Zen than I am, without even knowing what Zen was about (which to my way of thinking is the only true Zen).  He wanted so little, expected almost nothing from the world save occasional small victories and disappointments.  For those of us that loved him, it was hard to see him exist in a world with such minimal horizons.  Still, it was impossible not to admire his way at times.  His ups and downs were manageable.  Nothing really shocked him; he'd seen it all in 21 years behind bars, and he fully recognized that the spinning bottle of misfortune will always eventually point at you.  He just took the downtimes squarely on the chin, picked himself up, and moved forward. Zen.



This is probably why my weirdness didn't annoy him as much as they do with nearly everyone else.  He just accepted me as I am.  He was remarkably loyal to me, a quality which is in short supply around this joint.  He is one of the only two or three guys I know back here that are universally liked.  Seriously: you couldn't find anyone around here that hated the man.  You probably don't understand how rare that is, because you don't live in a place that is constantly divided by cliques and the ever-evolving games they play against each other for power.  The rest of us creep around, trying not to step on any landmines, all the while laying our own.  Arnold just stayed the hell out of the fields.  He taught me much in this respect, and most of the antibodies I've developed over the years against infections of drama were originally grown in his petri dish.



The man could draw.  He was one of the best artists back here, and one of the most sought after because he wouldn't charge you an arm and a leg.  Same with his speakers – he had some of the best sounding units around, and he charge half of what I do, annoyingly.  He just valued his time less than most.  He was always honest in his dealings, also annoying at times because this extended to the officers.  When I'd get on him for messing one of my intensely intricate plays, he'd just shrug and say that officer so-and-so was someone's mother or sister, and I'd slink away feeling like so much pond scum.  For people who claim that prison never makes anyone better, all I would have to do to prove them wrong is to point to Arnold.  He was just that noble.



Years ago, Arnold and I spent about a year working out like maniacs.  We did all manner of body weight exercises, push-ups, burpies, twenty different exercises involving the chin-up bar.  We also ran, sometimes for 90 to 120 minutes at a stretch.  When I run, I zone out, just trying to live in the moment and not pay attention to anything or anyone else.  One day, eight or nine months into our program, for reasons I don't recall, I suddenly noticed that for every lap Arnold was running, I was doing nearly two.  I spouted off in what I believed to be a righteous indignation.  You know, “you are cheating me and yourself” and similar windy militant trash.  He thought it was hilarious, and it was, though I couldn't see it at the time.  What I also couldn't see – what I didn't understand until much later – was that Arnold didn't give a crap about running, his waistline, his cardiovascular system.  He was just doing what he had to do to spend some time with me.  You can count on the fingers of a blind butcher's hand the number of people in my life who went so far out of their way to be my friend.  Convicts don't talk about love.  There's just too much testosterone in the air for that, too many jackasses that would misconstrue such things for their own twisted purposes.  We talk instead about respect, which can mean both love and fear, sometimes at the same time.  I'm too close to his death right now to see the full extent of his loss.  I'm sure I will write more about Arnold once I have gained some distance.  All I can say now is that there hasn't been a man I've met in m ten years that I respected more than Arnold.  And I know that if somehow these walls fell and you had to deal with him, you would have respected him too, though you wouldn't understand what he had to go through to become the man he was.  I will miss you, brother.

A Challenge To The Dark

shot in the eye 
shot in the brain 
shot in the ass 
shot like a flower in the dance 

amazing how death wins hands down 
amazing how much credence is given to idiot forms of life 

amazing how laughter has been drowned out 
amazing how viciousness is such a constant 

I must soon declare my own war on their war 
I must hold to my last piece of ground 
I must protect the small space I have made that has allowed me life 

my life not their death 
my death not their death…

Charles Bukowski


Thomas Whitaker 999522
Polunsky Unit
3872 FM 350 South
Livingston, TX 77351


Memoir To Madness Part Four

$
0
0
 By Christian Weaver

To read Part Three, click here

Justin:

You'd be surprised by how thoroughly you saturate my writing. You're an icon, a symbol, a style and a theme. In, addition to your dominance of my "private mythology," what you are and represent as a TYPE is overwhelming. It disturbs me like a ghost, like old Marley in chains. You're that sinister double.... you're the Twin, the Quiet Twin, the Jealous Twin, the Crazy and Damaged and Terrible Twin. You embody violence, the id, the shadow, the brute. You symbolize the link between brilliance and madness. But there is also great courage and a passion for justice. It's the origin of your name. There is Justin the Just, the Defender of the Weak. You run like a thread throughout my poems and my stories. You appear unannounced, looming vast and ferocious... then you plunge into the depths like the wicked white whale. I wonder if you know how many poems you've inspired? I think I’ll show you a few, and then dissect then and a bit. The first one, of course, is one you probably have memorized. I wrote it at fourteen and it's my earliest good poem:

Laughter in the Rain

I saw you once as a true person
When I was young and bold
But you became a fleeting shadow
A phantom to behold.

I saw your face through the mask you had on
I saw you were afraid
I chased love with reckless ambition
But you stood in the shade.

You know your smile never hid your anger
I saw you bleed in rage
The world with me was blessed with many dreams
You only saw the pain.

And even through the hills of sadness
Even through the rain
In my mind I saw you coming
But you never came.

And even through the shadows of sorrow
I still watch you from afar
Even through my traces of madness
I still wonder what you are

And I hear laughter in the rain...


Notice how the speaker ties his growth into fear (no longer "young and bold") into his brother‘s declivity (lines three and four). But this "fleeting shadow,""phantom," and "mask" is itself caused by fear. But here the brothers cope differently: whereas the speaker seeks love -- or romance and friendship, a running toward humanity -- his brother farm; inward and avoids human contact (line eight). But the speaker is not fooled by this mask of shy smiles. He sees the angst and the rage, the mutilation, beneath.

As the years roll by the speaker loses all hope. Through his bouts with depression ("hills of sadness,""rain"), he clings tenaciously to the prospect that his brother will recover -- but it never happens (lines fifteen and sixteen). The speaker’s ordinary sadness becomes grief or despair (shadows of sorrow"): he no longer knows his brother and they slowly drift apart. This affects him in two ways: 1) he grows obsessed with his brother and starts to follow and stalk him ("watch you from afar"), and 2) he battles mental illness ("traces of madness"). As the tragedy concludes it is raining heavily; he has trailed him from a distance when suddenly, like lightning, a peal of laughter breaks out. It‘s the cackle of insanity.

Note the parallel elements: the twins unearth fear in the beginning and mental illness in the end. They suffer them in different ways and they deal with them differently -- but they endure them together. Note the change of the title's meaning using nothing but the context. "Laughter in the Rain" denotes gaiety and lightness. One reads it at first and thinks of couples or children -- or perhaps some fun seniors -- as they frolic in the patter of a cool April shower. This is innocence, the ideal... it‘s the speaker and his twin before the entrance of fear. When the phrase is used again (in the final line) it means precisely the opposite of what it did in the title.

Moreover, it's prophetic: it anticipates our illness many years in advance. The reason is that poetry is instinctive unconscious. It‘s assembled like a dream and when it’s done the poet wakes. He receives it with gratitude, like a gift from the gods. But it is raw and uncut and so he hones it like a gem… O, the ink splattered nights! The unconscious uses pictures and symbols to reveal the poet‘s psyche, who he really is, to his conscious mind. It‘s so familiar with his nature that it surmises, with impressive accuracy, what he'll do in the future -- even down to certain acts:

“But poetry is prophecy, as I shall soon make clear. It is especially self-prophecy. I have never seen it fail to guess the future, the fate, the self-becoming of its author. The unconscious (or the instincts) is what creates it fully formed inside the mind of the poet. It is closer to transcription than it is to creation. That is why the poet, like the reader, is perplexed by its contents. He too must interpret!"

My early poetry was dripping with little omens and hints. Remember "Sad Poetry"?:

Of weeping eye and paper face:
This hand, this pen, this thought, this trace
I want within your mind to waste
These feelings born inside of me.
Battered and twisted, in disgrace:
This heart, this mind, this soul, this face
I want within your heart to taste
The killer born inside of me.

I am the bitter, Silent Boy
Lost in the land of the social toys
My feelings are shattered easily
So I just write sad poetry

I compose sad poetry.

Note the intense feelings of inferiority, which verge on self-hatred (lines 3 and 4). These are counterbalanced by a dawning awareness -- tentative at first, and then dramatic and bold -- of my purpose in life (lines 12 and 13). I have found a new calling. Lines 10 and 11 are portentous, in a way; I was talkative in my youth (obnoxiously over-social when inebriated or stoned) and wasn't diagnosed with social phobia until seventeen years later. Line 8, "The killer born inside of me..." anticipates a crime that was eleven years distant. To quote Twin Story: "What's foreboding about this line is that Christian had none of the sinister, Damien-like tendencies of his brother. His anger was self-destructive. When he was arrested for murder there were people who thought that he was covering for Justin. As one of his friends said, ‘Nobody thought it would be you.'"

Here's an excerpt from what I wrote about the poem's hidden meaning. The attitude's rather pompous but it makes a good point:

"Finally, it perceived what only I -- and perhaps Hitler and John Gacy -- understood: the inverse proportion between violence and art. Or rather, the direct proportion between violence and unactualized artistic potential. That poetry/art was in the same poem as murder/violence implies a relationship, no matter how latent. Many years later I would clarify this bond with a maxim so brutal as to wield a blunt object: THE GENUINE ARTIST, IF HE CANNOT CREATE, WILL INEVITABLY SEEK TO DESTROY."

Of course you recall "Angel Flesh," which I wrote at 16. The images of dying, of demonia, of being swallowed by evil, of the rabid desperation of my final few years (before I plunged into murder), are quite clear to me now. Though there's only two predict -- well wait, here's the poem: 

Emaciate my haggard form
Till even the bones become well-worn
And Anoxexia admires me
Sweet Jesus on the skeleton tree.

Shaky hands and powdered stones
Bleached cow skull and pile of bones
Reminds me of something...
Reminds me of me --
Ageless principalities!
Celestial cities carved from ice
Where human kaleidoscopes entice
The immortal beings to sacrifice
A little divinity, and love
And some angel flesh and angel blood.
From wounding words to crushing stones
Angel flesh -- wrap around these bones
Slipping surrealistically...
Diabolic spirits cover me.

The more I eat, the thinner I grow
The more I study, the less I know
The more I destroy, the more I see
A demon incarnate -- known as me!

Line 5 ("Shaky hands..."), a blatant cocaine reference, was written several years before I'd tasted hard drugs. I intuitively used "stones (close to "rocks" -- i.e., crack rocks, rocks of cocaine) to describe the drug's texture. All the images of gauntness/atrophy meant nothing at the time, for I was healthy and stout. But when I moved to New Orleans their significance emerged. In the span of 6 months I had lost 40 pounds. What was weird is that my appetite grew larger, not smaller: I got hungrier and hungrier. I started thinking I was cursed like that lawyer on "Thinner" (the Stephen King novel). I could physically feel the presence of anxiety and fear; they would drain all my energy and burn through the calories that were meant for my body:

"A soul that's on fire treats the body as fuel."

Finally I fell into neurosis, paranoia, hypochondria (I believed I was perishing of some loathsome disease) and the first of several stages that would end in psychosis.
The story behind the poem -- which I didn't intend but which is clear upon reading -- has an Icarus type of motif. It‘s about a young man who has a singular passion: to become immortal or divine. This supra-human lust is not a matter of degree (quantitative superiority) but of type (qualitative superiority). He wishes to transcend the human race altogether. By the end of the poem he is turning into something -- but it is certainly no angel. He's an imp, a demon! I guess the moral is much closer to King Midas than Icarus.

In the next few letters we'll discuss your own poetry. I will anyway, you bastard.

Christian


To be continued...

Christian J . Weaver 271262
BCCX - 24B - 202
1045 Horsehead Road
Pikeville, TN 37367


Gotta Make 'em Pay!

$
0
0
By Santonio Murff

The spacious back area of the Stringfellow Unit kitchen was humming along with the frenetic energy that was the norm for a Friday. Chicken day! Offenders roamed here and there, attending to their duties, but unable to keep longing eyes from darting to the two locked hotboxes that held baking pans on top of baking pans of the barbecued fowls.

"Ya'll watch these foxes!" Captain Lopez waddled out of his office, looking every bit of a Mexican Humpty Dumpty with his short stature, bald dome, and bulbous middle. "Don't let them steal none of my barnyard pimp (chicken).”

"We have our eyezzz," Officer Ike (pronounced "eye-kee") zig-zagged his eyes around the chowhall, jabbing a warning finger at a few suspect characters, "on them, Captain!" The Nigerian Sergeant's heavy accent and uncontainable theatrics were a constant source of laughter.

"Born-yawd pimp safe!" Chop-Chop added to the laughs with her Vietnamese accented slang. The two correctional officers stood together in solidarity like sentries before the locked boxes. Captain Lopez obviously wasn't impressed. He gave them a backhanded wave of dismissal as he waddled on into the O.D.R. (Officer's Dining Room). He'd been a correctional officer for over two decades, and knew without a doubt that some of the chicken would come up missing. It always did.

***          ***          ***

The vast majority, well over half of the people in prison come from impoverished families. Families that honestly do not have even $10 a month to send them to get the bare necessities of hygienic supplies that one requires to be comfortable... and have others be comfortable around them. Deodorant, lotion, shampoo, hair grease, toothpaste, laundry detergent--none of these needs are met by The Texas Department of Corrections. Every seven days an offender is provided with a roll of toilet tissue, a disposable razor, and seven thin domino-size bars of lye soap. (You can request a small paper cone of toothpowder and a toothbrush every seven days when in stock, which is hardly ever on some units.) Outside of that, you're on your own.

Imagine for a second, Rick Ross or Rosie O’Donnell having to subsist on three trays of elementary school portioned gruel a day, and you may be able to fathom how fist fights have erupted in the chowhall over someone "shaking the spoon" (shaking the serving ladle to give a level scoop). Imagine an offender sitting on the steel bench in front of the television with his arms glued as tight as he can get them to his sides, because he knows his odor is appalling, but no amount of wash-offs does any good for long, and he has to make the issued soap last.

Imagine for a moment, a world where the majority of the population works five to six days a week, but doesn't get paid one red cent for their labor. Imagine that population without family or friends who can help them financially. Imagine that within that world there are some good-hearted people that will help you out, but no one wants you to become dependent on them. If you can truly imagine these realities, then you began to understand the starve and stank or hustle and hope for the best dilemma that many offenders face.

Abracadabra, a prominent member of that population and self-professed master of that world, best summed up the mentality of most of his peers: "I'm not going to be a burden to my family when I know they don't have it to send. I'm not going to refuse to work and get locked up. I'm going to turn out to work every single day I can...and make 'em pay!"

A man of his word “sometimes” as he often reminded the gamed, Donald "Abracadabra” Bishop did exactly that: Made them pay. Stanking or starving just wasn't pleasing to the ol' boy.

***          ***          ***
I knew it was about to go down!

In prison, you develop a sixth sense about such things. Your survival is dependent on your being ever conscious of your surroundings and catching the subtle signs that others would miss. The dayroom gets abruptly quiet and violence is about to erupt. Different races clog together on opposite ends of the recreational yard and a riot is due to ensue. Everyone quickly moves away from you and you can be sure that trouble is headed your way in a hurry. To survive the concrete jungle, you must instinctively register these things and respond by reflex. There is no time for thought or pause. Hesitation can prove fatal.

But I'd left the Ferguson Unit and its daily dance with death a decade ago. The Stringfellow Unit was of a totally different ilk and character. So when I saw Abracadabra whispering fiercely with the two Mexicans working in the pot room, I didn't walk over to make sure that all was okay. When I saw the three turn hard, determined eyes on Sgt. Ike and Chop-Chop, I didn't make myself scarce and accounted for before the fireworks ensued. By the time Abracadabra strolled over to the petite Caucasian cook, I'd settled into a seat on an empty upside down milk crate by the oven to watch the show.

The hit went off like clockwork.

The stringy-headed whiteboy who was responsible for the preparation of the chicken went high-stepping over to the officers screaming, "Hot pan! Hot pan! This is the last of the chicken! Open the box, it's hot!"

Sgt. Ike quickly removed his keys and twisted off the small padlock that kept the box secure. Just as the cook began to insert the last pan of chicken, a massive metallic crash exploded from the pot room, quickly followed by hot and heavy Spanish. You didn't have to speak the language to know that violence was on the way--or had already arrived. Sgt. Ike took off towards the heart of the commotion, pulling out his pepper spray as he ran.

Chop-Chop started behind him, stopped and turned back to the unlocked hotbox, finding Flash, the cook, still struggling to get the tray in. "Watch chicken!" She ordered, flying off after Ike in case he needed some support.

"I got you," he assured her back as Abracadabra materialized like a phantom from beside the hotbox, retrieved the full bake pan of chicken from a smiling Flash, and disappeared to parts unknown to no doubt bag it up in empty bread bags to be sold at 50¢ apiece.

Flash twisted the padlock through and slammed it home just as Chop-Chop rounded the opposite side of the hotbox from which his P.I.C. (partner in crime) had disappeared. "Are you alright? What happened over there?" He shot questions at Chop-Chop before she could shoot them at him.

"Day jus bump each otter. Drop evvvy-ting, evvvy-where!" She explained, jerking on the lock to be sure that it was securely fastened.

"I hate chicken day," Ike strolled up with a weary shake of his head. "They want to fight over accident," he bugged his eyes like "Ain't that crazy," tossing his hands up and apart palms-up with the unasked question. "Roll chicken up front," he ordered Flash. "Let's get chow started."

"Yes sir," Flash rolled off.

They never did miss the 30 pieces of chicken. Captain Lopez had learned long ago to cook an extra 100 pieces, because even under the guard of some armed sentries he was sure that his barnyard pimp was gonna find its way out of that chowhall and into some hungry bellies. He couldn't have been more right.

Abracadabra had made them pay - him, and his P.I.C.s.

***          ***          ***

Texas does not pay us a single red cent for our labor. I know, I've said it before. And, I'm gonna say it again, a little louder, "TEXAS DOES NOT PAY US A SINGLE RED CENT FOR OUR LABOR!" Still, most of you, just like my family, simply won't get it. I've been incarcerated for nearly two decades, breathing for over four, and I can honestly say, I've never seen a man cry like one incarcerated with no money on his books and no one willing or able to send him any. It hurts.

"I know that Texas don't pay ya'll a lot of money for working." My little brother wrote me that puzzling sentence only a week ago. I chewed on that for quite a while. I spent quite a bit of my adolescence babysitting him, so I know he wasn't dropped on his head. I came to realize that it's just a willful ignorance, an unwillingness to face the reality of my situation. The truth maybe would require more of a sacrifice, more of a commitment than most struggling families would want to make.

"Stay out of trouble," him and my mama always say. Yet, as my lone financial support, they've gone years without sending me any money. And, in fairness to them, I must say that they've set me up with thousands of dollars so I've been far from suffering for most of those years. But, what of the prisoners like Abracadabra who've never been sent any money? Those who've hit rock bottom like I have a couple of times, and have no way to pick themselves up, but to hustle. Break the rules. Risk getting in trouble.

How long can one be expected to starve and stank before he sits at the gambling table. It's called "betting on your ass" when you gamble broke, knowing you have no way to pay your debt if you lose. How long would it take you to pocket a bag of bleach from the laundry to fend off the hunger pains? Move some contraband from one offender to another for enough funds to meet your hygienic needs and acquire a few snacks? No, the kitchen isn't the only hustle in the penitentiary, just the most lucrative and beneficial to those who have enough morals to not engage in narcotics, extortion, or the victimizing of their fellow offenders.

The most enlightened among officers and offenders understand it's never personal, just business. Abracadabra said it best, "They have a job to do and we have a job to do. If they do their job properly, we can't do our job."

Fortunately for us, compassion far outweighs competence in The Texas Department of Corrections.

***          ***          ***

The prison scullery is by far the hottest place in the prison. In the summer months the temperature stays kissing 110 degrees. The scullery workers must not only work hard, but work fast to keep everything moving and get chow fed on time. Trays full of half eaten food, cups of drink, and dirty utensils fly through the scullery chute to be banged into trash cans, sprayed when necessary, and stacked to roll through the ancient machines to be washed and sanitized for other offenders. No trays, cups, or silverware and the whole kitchen freezes, all eyes turning to the scullery in annoyance. Lies are told, excuses made, illnesses faked to escape the scullery.

"But, I love the scullery!" Abracadabra was in rare form, sweating like a feverish preacher as he stood upon an overturned milk crate, holding court in the scullery.

"Preach, brother!" Flash leaned against the steel door egging him on. He and Abracadabra constantly disputed who was whose right-hand man, both vying for the title of Boss. "I cook it and you commute," Flash often challenged.

"Yeah, if I didn't commute it and turn it to cash, you'd just have a bigger belly and a bigger ass...And, ya know how dangerous that last part is for a white boy in here." Abracadabra was a born showman with a shrewd intellect that made ya just stop and think. He could wax humorously and poetically about any subject, and often did, to everyone's amusement.

"See, ya'll brothers have to realize that in life, you have to give something to get something," Abracadabra continued on in a rich pitch that just made you want to give him an "amen". "I don't mind," he stamp his right foot on the edge of the crate for emphasis, raising his hands palms-up to the heavens in acquiescence, "sweating all my sins away and damn near dyin' of a heatstroke every day for Ho-pez (offenders' unflattering nickname for Captain Lopez)."

He jumped down from the crate with an opened-arm flourish. "As long as he don't mind me compensating myself with the marketing of his onions," he raised a white bucket full of onions, "his pork rolls," he opened a compartment of the washing machine to show a bundle of already bagged "four for a dollar" pork rolls, "and, of course, his cheeeezzzz," he beamed his snaggled tooth smile with the drawl, cracking everybody up.

"It's the American way," Flash added. "You work and you get paid."

"Yeah, that's how it should be," Lil Chris, the cinnamon complected, muscular and brooding brother manning the chute, grabbing and banging trays as they came in, added.

"Naw, brother, that's how it is!" Abracadabra could go from ghetto slang to proper grammar in a flash. His diction often depended on who he was talking to. "Slavery was abolished by the 13th Amendment, but somehow or another, they forgot about us down here in Texas prisons," he chuckled. "So we must take it upon ourselves to," he paused to leap back upon the crate, "Make 'em pay! Make 'em Pay! Make 'em Pay!"

"Gotta make 'em pay!" Flash added as we all laughed.

The truth is no one wants to starve or stank. So hustling isn't an option. It's the only option for those without financial assistance coming from the outside world. And, with the hustling is inevitably going to meet with trouble in one form or another. It was through Abracadabra's troubles that I witnessed firsthand how far a good sense of humor and a dose of honesty will get you in life.

***          ***          ***

To be continued...


Santonio Murff 00773394
French M. Robertson Unit
12071 FM 3500
Abilene, TX 79601


Good Grievance, Charlie Brown

$
0
0
By Steve Bartholomew

The grievance process was first instituted in Washington State prisons about 35 years ago as a way for prisoners to seek redress that didn't involve hostages. Those were different times, the yard run by a breed of prisoner now extinct. In the decades since the last of the Big Riots, the administration has forgotten that at the heart of such revolt was a dissatisfaction so immense that men were willing to risk everything to change it. But desperation isn't as quantifiable as death tolls, which have been reduced into data sets, the sanitized souvenirs of violence that now seem to have occurred in a vacuum. And so, as the threat of violent demonstration declines, we find ourselves left with a pale and toothless version of its alternative.

I try to lessen the disappointment and frustration in my life as much as possible by not fostering unrealistic expectations, so I do not file grievances, as a rule. Attempts to constrain the beast from within its belly usually end up being as quixotic as competing with a windmill in a face-slapping contest. This may sound like an overstatement, the defeatist posturing of an embittered prisoner, but upon examination it proves pragmatic. You see, a few months ago I did have occasion to file a grievance, my first in years, and the result illustrates my point.

We were to have a rare event called a Diversity Fair (which doesn't look much like any fair you might recognize). For this one day per year, each race is permitted to display upon a table various items representing aspects of their heritage: usually artwork or pictures of some prohibited tradition. The administration figures that if we understand one another's cultural backgrounds better, we will hate less. I agree with the theory, so I am a member of the Diversity Committee, The small group of prisoners who organize these events. 

As we set up the tables that morning, we watched the sky work up an attitude, dark clouds coming in low and menacing. There was a fifteen-minute cloudburst. This prison is in a convergence zone about twenty miles north of Seattle, so our weather is famously moody. But the boss cancelled the event, blaming inclement weather even as the cloud cover broke. 

Our volunteer sponsors are free people who come to prison on purpose to make our lives less tedious in meaningful ways. Regina, our European culture sponsor, had traveled a great distance to attend, and now would have to leave. Since she had no working car, she would have to wait a couple hours in front of the prison for her ride to return.

As she was heading toward the corridor that leads to the free world, and was maybe 50 feet from where I was standing, I called out to her another apology and a farewell. She responded and then a guard parroted her from behind another fence, his voice a mocking falsetto. I know she heard it. We all did.

When guards misbehave or break their own policy, you have two choices: accept it, or do something. By accepting it, you relinquish your right to comment on it, even to another prisoner--in essence, you have no standing. I certainly do not want to hear someone complain who is unwilling to act. If you choose to do something, you have two new choices. If you respond directly, in the moment--either physically or verbally--the episode is likely to play out in only so many ways, none of which you will like. And a physical altercation only leads to years in solitary for you, and six months paid leave fort he guard, who now has an entertaining story he can embellish at the tavern.

The other option is to utilize the prison's own process against them and file a grievance. A valid question to ask when deciding whether to file is: would this guard infract me for a minor offense, say, giving food to another hungry prisoner? Even though the answer in this case was yes, I still likely would have accepted the guard's mockery, had it been directed at me. Sad though it may sound, I accept too much because I’ve grown used to accepting much. So after some thought and thoroughly discussing it with a friend, I filed a staff misconduct grievance. I was the only one with standing to do so, since the incident happened during my interaction with our sponsor.

I was interviewed at great length by the grievance coordinator, his appropriately disapproving interjections made while scribbling in an outraged manner along the margins of his copy of my grievance. He assured me he was “going after them," and that "this process is the only way to do so;" that "higher-ups were already notified," and so forth. He had the no-nonsense air of someone empathetic to the indignity suffered by Regina, placing me squarely beside him in what had become our Us-versus-Them battle, a tactic that momentarily confused my sense of who was the adversary of whom. I was not quite deluded enough to believe I'd made a correctional comrade, but foolishly, I believed I could feel the beast recoiling, just a little.

A few days later I was interviewed again, this time by the shift lieutenant. A large and imposing black man, his features are permanently composed in such a way as to affect your mental sphincter much like the ratcheting of handcuffs. He asked me to tell him "my version of events," his flexed eyes unblinking, searching my face for contraband. He asked only one question after I finished: whether I had seen the officers in question doing a rain dance. When I said that I had in fact seen them dancing around weirdly after the cloudburst but wouldn't know a rain dance lf I saw one, he asked why I had not included this detail in my grievance. I said, "L.T., I feel like you barely believe me as it is." He stopped scrutinizing my face parts long enough to jot this down.

After several weeks, an envelope arrived at my bars. Upon opening it, my inner reading voice quickly began emulating Charlie Brown's teacher: "After interviewing all parties involved, your complaint was supported wah wahwah wahwah wah. Wahwah."

Technically, this goes in the W column--but what does winning actually mean, aside from some bureauspeak scratched onto a triplicate form? As a remedy, I asked for an apology—not to me, but to Regina. She did not get one. Nor was there any detectable change in either guard's circumstance. They still work the yard and generally conduct themselves no differently, except now I get a stink-eye once in a while when I pass them on the track. Maybe someone got a Post-it note stuck to their central file, but is this even worth the time I spent grieving my heart out in writing, and out loud in the shift office? (NOT a purely rhetorical question, since I do make $.42 per hour.)

As a prisoner, your expectation is that if you make a spectacle, your life--such as it is--will capsize. You will be tucked away in solitary for an indeterminate span of time, and transferred--usually to a prison as far from your family as possible. Since we incur real consequences for our misconduct, especially personally offensive behavior, we foolishly believe that the inverse would be true, or at least possible. Over time we come to realize this is another of those intuitive fallacies, like the assumptions you make about the physical world until you read what Mr. Einstein had to say about how things really work.

A year ago, the heat became stuck wide open in another unit. Sweat-stained grievances choked the collection box. In particular, one prisoner filed emergency grievances, saying that the heat was making his chest hurt. He was in distress. They answered by telling him to drink more water, that they had checked the temperature with one of those digital guns (at 3AM on the lowest of four tiers, which they didn't factor in), and it was "as per policy within reasonable wahwahwah wah wah." After a week or so of the extreme heat, Jerry Jamison died on his bunk. He was 49 years old. The TV news said he lay there for approximately 37 hours before someone noticed the growing pile of mail on his legs--where it lands when they toss it through the bars. He was in prison for a drug offense and was due to be released this year to his children and new wife.

Rather than acknowledge wrongdoing in the mismanagement of our living conditions--which would be the first step in preventing a recurrence—the prison chose to generate yet another New Policy. What change in operations was implemented to address the tragedy surrounding Jerry's death? Why, to turn on the cell lights at 3AM, of course. I’m taking a class on symbolic logic, but there‘s no chapter in the book describing how to derive that conclusion from the premises given here.

I've even tried holding my breath when they go by at 3, to see if they're checking for signs of life. I should be grateful for the lackadaisy I had predicted. Mouth to mouth can be awkward when you're faking it.

In Washington State, everything you need to know about what is considered non-grievable is printed on the backs of the grievance forms. If that formidable list is not enough to discourage you, there is a grievance coordinator at every prison, whose job is either to dissuade you by convincing you that your grievance is a dud, or to tell you how to rewrite it, in which case it usually becomes "accepted." This nominal approval of your complaint is not unlike considering your prayer heard, or believing that Santa received your request for a puppy. Your wishfulness in all three processes will vastly outweigh any effect greater than whatever would have happened anyway. The exceptions are few and, like wishes in fairy tales, prone to backfire.

In the 16 years or so that I've spent in prison, my experience with the grievance system has been less than empowering, although the consistent quality of results has instilled in me a dour sort of faith in the process. As a well-worn example, once upon a time the prison menu included pork chops, breakfast on certain days would see real-ish sausages on the tray, and ham existed. There was a non-pork line in the chowhall for those not so inclined. But the meats were not segregated enough for the Muslims. Evidently, the very existence of pork offends the sensibilities of the deity supposed to have created it. They grieved until it became a substance so prohibited as to become unknowable, like dark matter or two-ply. This won the Muslims fewer popularity points in here than the Taliban and Al Qaeda combined. (Our worldview is shamefully circumscribed.)

In prison, you rarely recognize the good old days while they're still nowadays. I remember when we were served ice cream once a month, a landmark dessert with predictably rotating flavors, a way to gauge the passing of months that was more gratifying than the calendar page ritual. To lament such a loss may sound trifling to some, but in a world where all your experiences are grayed and "change" only means "worsen," any minor event worth looking forward to becomes exalted. If you tasted rocky road, your mind could smile along with your taste buds, satisfied that another half year had passed. But someone grieved the size of their scoop as compared to someone else's, and so the boss subtracted ice cream from our reality. Similar scenarios unfolded with the cookies made in the prison bakery, hand-chalk on the weight pile, etc. So you can see how grieving by the pen can lead to grieving of the heart.

The pen may indeed be mightier than the sword, but it's also more dangerous to wave around in a tight space. If you are persuasive, or at least tenacious in your grieving, they may teach you what real grief is all about. Retaliation is the silent weapon in what amounts to a cold war fought at the level of dally routines. The shot across your bow comes in the form of a cluster of "suspicious" cell searches, where they repeatedly burrow through your every belonging in a manner befitting an archeologist on meth, and then confiscate what they guess are your choicest possessions: "evidence" you may or may not ever see again.

Often times, your things are ruined by "incidental" damage incurred in the mystery-place they call Chain of Evidence. Your lotion seemed furtive, you may find out later, a possible security threat lurking within it. Therefore, it needed to be poured out, the opened bottle stored in the same labeled Ziploc as your family photos. If you persist after that, they might change your address. You will be told to pack your stuff, but however much you have is deemed excessive. They go through it yet again, while you watch helplessly. Difficult decisions must be made at this point about which of your things will accompany you to your next stop. Not to worry--the deciding will be done for you, not by you, a display of departmental thoughtfulness that may make you water up. You are taken aback that someone would be so concerned with saving you the hassle of carting all those things around, cluttering up the space beneath your prison bunk.

The one choice left to you is whether you would prefer to send your former property out at your expense, or perhaps donate it to an unnamed charity. You can expect to be on the next chain, the transport bus on which everyone wears the eponymous shackles, waist to wrist to ankle, just like in the movies. There is always somewhere worse than where you are, and that's where you're going. All these actions fit neatly beneath the umbrella of "institutional need," which makes them immune from those meddling judges and their pesky injunctions. 

Where Constitutional rights are involved, there had better be a concerted effort, a sort of class action grieving that predicates suing. The lone squeaky wheel will squeak right on down the road. Before the Muslims in this state were able to banish our pork, the first few who tried grieving the infidel meat were given extended diesel therapy. This is where you tour the state on chain buses, one after another, for months, spending less than a week at any one prison. Most of your meals are peanut butter sandwiches (no jelly): a penalogical redress, you might say, of religious grievances regarding the provenance of objectionable meat patties.

I recently found out that one of the warden‘s duties is to report periodically to headquarters on prisoner morale. Evidently, the presumption is that a negative correlation exists between the frequency of grievances and our emotional well-being. My humanity fluttered at the implications. Could it be, I wondered, that the theatrics of the grievance coordinator and friends are really part of a show staged for the benefit of some benevolent bureaucrat in the state capitol? A daring leap, to suggest the ivory-towered ones care about the happiness of us, the ones gun-towered over. Might the Great and Powerful have an eye toward balancing institutional security with my insecurities? Are they truly interested in the precise angular degree of my navel gazing? 

After consulting my logic instructor and running some truth-tables and conditional proofs on the chalkboard, we decided the answer to all my questions is a resounding no. The only valid conclusion for the given premises is that if headquarters were truly concerned about morale, then it follows that they would bring back ice cream.

Steve Bartholomew 978300
WSRU
P.O. Box 777
Monroe, WA 98272-0777


Viewing all 380 articles
Browse latest View live