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Graterfriends ― A Publication of The Pennsylvania Prison Society ― April 2012




                         A Publication of The Pennsylvania Prison Society
 Promoting a humane, just and constructive correctional system and a rational approach to criminal justice since 1787

Volume 43 Issue 4                                                                                                                                April 2012
                                                                          
                                www.prisonsociety.org  www.facebook.com/PennsylvaniaPrisonSociety


                                                   Not in My Footsteps
                                              by Lee A. Horton, CN-2067, SCI Mahanoy

  “Happy are the sons whom fathers educate. There is                           Thus, it is all up to us to teach them that it would be a
not error in their being’s plan.” (Ptaah Hotep, c. 2340                      grave error to put on our old shoes. Tell them the truth
B.C.). This missive is written to all incarcerated men and                   — that those shoes are too small, will only cause pain in
women concerning our responsibility to our families. Too                     the long run, and will not last the distance of a lifetime.
many of our family members are following in our foot-                        Warn them not to travel the roads we once travelled.
steps to prison. This trend is destroying our families and                   Tell them that those roads start out wide but soon nar-
our communities. Increasingly, parents are finding them-                     row; that at first they seem easy to navigate but quickly
selves doing time with their children, older siblings with                   turn rocky; that they appear as shortcuts but are really
younger siblings, and uncles and aunts with nieces and                       paths to nowhere. Let them know that the longer a per-
nephews. This is not acceptable.                                             son walks those roads the farther they lead them away
                                                                             from their best future, ultimately leaving them strand-
  To quote Jesse Jackson, “Every generation needs the                        ed, wandering the barren wasteland of lost opportuni-
instruction and insights of past generations in order to                     ties without a compass to help find their way back.
forge its own vision.” Just because we are in prison does
not remove our familial obligations. Our families need                         People, we must fulfill our obligations to our families
our instruction and insight to help them see where they                      today. If we do so, limitless futures will be hatched for
are going, regardless of our prisoner status.                                them tomorrow instead of caged futures. It is time for us
                                                                             to act now, our inaction is not a viable option. We may
  Zora Neal Hurston once wrote: “[T]he present was an                        not be able to help those who are here with us already,
egg laid by the past that had the future inside its shell.”                  but we can help the ones standing at the cross-roads
For us, this means that our past actions are the dysfunc-                    trying to figure out which way to go. Our mantra to
tional parents of our loved ones’ present day bad deci-                      them must be, “NOT IN MY FOOTSTEPS.”
sions. Even as prisoners, we have family members who
look up to us. Our sons and daughters idolize us, our
younger siblings revere us, and our nephews and nieces
admire us. They want to be who we once were — or who
they believe we were. As such, we have a profound influ-                                                In this Issue
ence over them and they will listen to us.
                                                                              From the Editors, News ................................................. 2
  Therefore, it is incumbent upon us to tell them the                         Spotlight ......................................................................... 3
truth about the streets, the court system, and prison in
                                                                              Mrs. GE-6309 Time, Birthdays, Crossword Solutions.. 4
order to lead them in the right direction toward the high
roads and away from the low ones. It is our duty to de-                       Legislative Highlights .................................................... 5
stroy their unrealistic vision of life, where they believe                    Report on Smoking, Think About It .............................. 6
hustling is a career choice and it is OK to rob, steal and                    Legal Chat ...................................................................... 7
cheat to get by, and that it is acceptable to go to prison.
                                                                              Mailroom..................................................................... 7-9
  We should engage them with the wisdom we have                               Our Voices .................................................................... 10
learned from our experiences. Whether during visits,                          Pass the Word .............................................................. 11
over the phone, or in letters, our goal should be to say                      Announcements, Literary Corner................................ 13
whatever we can to prevent them from following in our
                                                                              Graterfriends Order Form, Save the Date .................. 14
footsteps. I don’t care who you are — innocent, guilty or
unrepentant — we should all want a positive prison-free                       Crossword ..................................................................... 15
future for our family members.                                                “The Last Word” by William DiMascio........................ 16

                                                                         1
              The opinions expressed are of the authors and not necessarily those of Graterfriends or The Pennsylvania Prison Society.
Graterfriends ― A Publication of The Pennsylvania Prison Society ― April 2012




                       From
                    the Editors                                                                       News
  Mr. Lee A. Horton’s front page article could not have                                    by Cory Clark, Occupy Philly Media
come at a better time. We recently presented the report
on children of incarcerated parents to the Pennsylvania                        On February 20, the Occupy movement as a whole held
Senate and it has been getting a lot of attention in the                     a national day of action for the reduction of prison popu-
press. At the presentation, Rev. Dr. Wilson Goode stated,                    lations and improvement in prison conditions in the
“I saw in that prison a grandfather, a father, and a                         United States. Occupy Philly, members of The Pennsyl-
grandson -- all in the same prison, at the same time. And                    vania Prison Society, Decarcerate PA, and community
they met for the first time in prison. As I was leaving,                     activists from around Philadelphia gathered at 1717
the grandson pulled me aside and asked, ‘Dr. Goode, I                        Arch Street to protest Hill International Ltd., a company
have a son that I've never seen. Do you think I will see                     heading the expansion of SCI Graterford.
him for the first time in prison, too?’”
                                                                               Protesters held signs saying, “No More Prisons!” and
  In response to the several letters we’ve received over the                 similar thoughts. There were several speeches about
past months regarding smoking in Pennsylvania’s prisons,                     the current statistics regarding incarceration in Penn-
Editorial Assistant Danielle Collins has written a report                    sylvania, and others that related conditions in the
(page 6) about our state’s policies, the smoking policies of                 prison system.
other states, and their effect on the prison population.
                                                                               “Inmates have nothing to do but work at slave wages,
                                                                             watch TV, drink coffee, and go to programs that don’t
  Editorial Assistant Bridget Fifer has written an article
                                                                             work and often repeat each other. There’s no real educa-
(page 3) about mandatory minimum sentencing, why
                                                                             tion in prisons — no way to build yourself up — after
some consider it unconstitutional and why it doesn’t
                                                                             they’ve torn you down,” said Assad Jackson, a former
work. She has also included a timeline featuring im-
                                                                             offender who is now an activist in his community.
portant dates in the history of mandatory minimum sen-
tencing in the United States.                                                  It’s been said that if you don’t have a strong commitment
                                                                             to education, then you need to have a strong commitment
 Finally, don’t miss our information in the Legislative                      to incarceration. Pennsylvania’s government has under-
Highlights section (page 5) about the recently passed
Voter ID Bill, now Act 18. It will be important infor-
mation for you when you are released and wish to vote.                                       (See Occupy Philly, continued on page 12)



                                                                             Letters more than a page in length (200 words) will not be
                                                                             published in their entirety in Mailroom or Legal Chat Room,
                                                                             and may be considered for another column. All columns should
                                                                             be no more than 500 words, or two double-spaced pages.
         EDITOR-IN-CHIEF: William M. DiMascio                                To protect Graterfriends from copyright infringement, please
            MANAGING EDITOR: Mindy Bogue                                     attach a letter stating, or note on your submission, that you are
                                                                             the original author of the work submitted for publication; date
 EDITORIAL ASSISTANTS: Danielle Collins, Bridget Fifer                       and sign the declaration.
                  FOUNDER: Joan Gauker                                       If you have a question about Graterfriends, please contact
                                                                             Mindy Bogue, Communications Manager, at 215-564-6005, ext.
                                                                             112 or mbogue@prisonsociety.org.
Graterfriends is a monthly publication from the Pennsylvania
Prison Society. The organization was founded in 1787 and
works toward enhancing public safety by providing initiatives
that promote a just and humane criminal justice system.
This issue is made possible through contributions from our
readers and funding from Phoebus Criminal Justice Initiative
through the Bread & Roses Community Fund.                                                   245 North Broad Street · Suite 300
We reserve the right to edit submissions. Original submissions                                   Philadelphia, PA 19107
will not be returned. We will not print anonymous letters.                             Telephone: 215.564.6005 · Fax: 215.564.7926
Allegations of misconduct must be documented and statistics                                       www.prisonsociety.org
should be supported by sources.                                                        www.facebook.com/PennsylvaniaPrisonSociety

                                                                         2
              The opinions expressed are of the authors and not necessarily those of Graterfriends or The Pennsylvania Prison Society.
Graterfriends ― A Publication of The Pennsylvania Prison Society ― April 2012

                                                                            it” (FAMM: Families Against Mandatory Minimums),
                                                                            has resulted in large numbers of low-level offenders fac-
                                                                            ing long sentences. In addition to threatening checks and

                             Spotlight                                      balances and doing little to attack the drug trade while
                                                                            increasing the prison population, mandatory minimum
                                                                            sentencing also poses problems for the judicial system in
                                                                            many other ways. Minimum sentencing laws make it
                                                                            difficult for individuals with drug abuse histories to re-
                                                                            cover, and make it impossible for a judge to treat each
WHY MANDATORY MINIMUMS DON’T WORK                                           case circumstantially. This results in about 60 percent of
   by Bridget Fifer, Graterfriends Editorial Asssistant                     the prison population being locked up on drug charges.

  The United States government is structured in a three-                      It’s estimated that 1.4 million people in the United
branch system with checks and balances in place to ensure                   States prison system have serious drug and alcohol
that no one branch becomes more powerful than the oth-                      abuse issues. Mandatory minimum sentencing strongly
ers. In school, children are taught about how these checks                  affects first-time offenders. Often, this sentence is the
and balances work, but nobody mentions areas in which                       first time in a person’s battle with drugs that he or she is
they are threatened. One way the checks and balances                        faced with ceasing use. Being locked up makes it almost
between the Judicial and Executive branches are being                       impossible for these individuals to seek and receive the
threatened is the concept of mandatory minimum sentenc-                     treatment they need to recover.
ing. The timeline below illustrates a background of key
movements in the progression of mandatory minimums,                           Not only does mandatory minimum sentencing strongly
which are essentially in place to attack the drug trade.                    contribute more to punishment instead of rehabilitation,
                                                                            which the American prison system seems to value, it also
  What seems like an effective way to “catch those at the
top of the drug trade and deter others from entering                            (See Mandatory Minimums, continued on page 15)


  AN OVERVIEW               OF    IMPORTANT CHANGES MADE                                  TO     MANDATORY SENTENCING

 1970s
                                                                1990s
      -New York implements mandatory sentences                        -Increase in opposition campaigns
       for some drug offenses
       (Rockefeller Drug Laws)                                        -Arizona promotes treatment for first- and second-time
                                                                       drug offenders as alternative to prison (Proposition 200)
      -Michigan implements a minimum sentencing
       for possession of over 650 grams of cocaine                    -Michigan 650 Lifer Law repealed
       or heroin (Michigan 650 Lifer Law)                             -Increase in minimum sentences for gun offenses




              -U.S. Supreme Court rules that federal                                   -Drug sentence “cap” lowers sentence for low-
               sentencing laws do not violate separation                                level drug offenders
               of power (Mistretta v. U.S.)                                            -Constitutionality of mandatory sentencing
                                                                                        reiterated (Harris v. U.S.)
         1980s
                                                                                       -It is declared unconstitutional to increase sentences
                                                                                        based on evidence not admitted or proven as fact by
                                                                                        a jury. Decision affects mandatory minimum laws in
                                                                                        13 states (Blakely v. Washington)

                                                                                2000s



                                                                        3
             The opinions expressed are of the authors and not necessarily those of Graterfriends or The Pennsylvania Prison Society.
Graterfriends ― A Publication of The Pennsylvania Prison Society ― April 2012




                            Mrs. GE-6309
                                Time
                                                                                 DEATH ROW
                                by Reesy Floyd-Thompson
                                                                                          April Birthdays

        HOW TO BE A PRISONER’S WIFE                                          Herbert Blakeney                        Michael Pruitt
                                                                             FB-5713, GRN                            GF-1448. GRN
  Keeping a marriage together with an incarcerated spouse                                                            Edwin R. Romero,
                                                                             Scott Blystone
is hard. Relationships of this kind tend to have a high fail-                                                        CZ-3206, GRN
                                                                             AP-9152, GRN
ure rate. I am determined not to let his incarceration be-
come a death sentence for our relationship. Here’s how:                                                              Michael Brandon Singley
                                                                             Richard Boxley
                                                                                                                     EP-2753, GRN
                                                                             EL-5206, GRA
  Don’t live in shame: People in love with prisoners are
                                                                                                                     Brian Thomas
crazy — at least, that’s what the world believes. It is not my               Terry Ray Chamberlain                   AY-7427, GRN
job to make others feel ‘OK’ with the choices I make. What                   CL-6265, GRN
others think of me and my decision to stay with my husband                                                           Stephen E. Treiber
is not my business. I will not hang my head in shame.                        Michael Conforti                        FD-8026, GRN
                                                                             BQ-0537, GRN
  Have a support system: I’m still adjusting to this,                                                                James W. VanDivner
almost nine years in. I surround myself with a strong                        Jermont Cox                             GY-6354, GRN
support system. That goes a long away to keeping me                          CE-8242, GRA                            Ernest Wholaver, Jr.
sane. I’m not afraid to ask for help. There are days when                                                            FY-3325, GRN
I feel like I can’t carry on. In fact, I schedule at least two               Jose DeJesus
emotional breakdowns a month. But, my support system                         DS-0256, GRN                            Craig Williams
loves and helps me.                                                                                                  BX-9919, GRN
                                                                             Robert Anthony Flor
  Budget and plan: Loving an incarcerated spouse is                          GW-0422, GRN
expensive. Bills such as postage costs, calls, visitation,                                                           GRA = SCI Graterford
packages, and books add up quickly. I figure my normal                       Randy Todd Haag                         PO Box 244
monthly budget, then factor in prison expenses                               AK-7856, GRN                            Graterford, PA
(distinguishing wants from needs), and plan, plan, plan.                                                             19426-0244
The number one reason for divorce in free-world couples is                   Kevin J. Marinelli
                                                                             CT-9974, GRN                            GRN = SCI Greene
money. Money concerns are an added stress we don’t need.
                                                                                                                     175 Progress Drive
  Keep love alive: One of the biggest challenges as a                        Kenneth Miller                          Waynesburg, PA
prisoner’s wife is staying in love. Communication is the                     EC-6130, GRN                            15370-8090
foundation of any relationship. It does the relationship a
disservice to downplay my true thoughts. Letters and                          If you do not want your name published, send a letter to
                                                                              Graterfriends each year you do not want it to be included.
calls are dates; I savor them. Each word and action is an
                                                                              Be sure to note your date of birth.
offering of the heart. Being a prisoner’s wife taught me
the art of courtship. Love is mental. Love is a commit-
ment. I’m committed to having a boundless love, in spite
of the boundaries.                                                                         CROSSWORD SOLUTIONS
  Our relationship is under new management and re-                           Below are the solutions to crossword puzzles printed in this
quires us to think outside the system. The only institu-                     issue and the previous issue of Graterfriends.
tion that matters is our marriage. I expect to be in a rela-
tionship, not a “prison relationship.” Living life as if the                 March 2012                             April 2012
prison doesn’t matter is the only way to ensure we do not
face life without the possibility of a strong, healthy, last-
ing relationship.

 Reesy Floyd-Thompson is the founder of Prisoners’
Wives, Girlfriends, & Partners (PWGP). For more infor-
mation about this group, please write Reesy at:
PWGP
P. O. Box 14241
Norfolk, VA 23518

                                                                         4
              The opinions expressed are of the authors and not necessarily those of Graterfriends or The Pennsylvania Prison Society.
Graterfriends ― A Publication of The Pennsylvania Prison Society ― April 2012




                               Legislative Highlights
                                                                   Ann Schwartzman
                                                     Policy Director, The Pennsylvania Prison Society

The Pennsylvania General Assembly has been holding Appropriations Hearings to discuss budget items. They
have also voted on several criminal justice bills in which you may be interested. This information is current as of
March 15, 2012.

BILL NO.            DESCRIPTION                                                                 CHIEF SPONSOR               PPS POSITION
PRINTER NO.

HB 934              Requires everyone to show picture ID before they are                        Rep. Daryl                  Oppose
PN 3166             allowed into a voting booth. This bill may impact indi-                     Metcalf
                    viduals without driver’s licenses, including senior citi-                   R-Butler County
                    zens, people who use public transportation, young peo-
ACT 18
                    ple, and individuals just released from prison.
                    (Passed House 6/23/11; passed Senate 3/7/12;
                    Governor signed as Act 18, 3/14/12)


HB 1352                                                                                         Rep. T. Stephens            Oppose
                    Amends the Public School Code of 1949 by further
PN 2227                                                                                         R-Montgomery
                    providing for background checks of prospective employ-
                                                                                                County
                    ees and the conviction of employees of certain offenses;
ACT 24
                    collection of identifying information of students attend-
                    ing institutions of higher education, and more. (Passed
                    House and Senate 6/30/11; Governor signed as Act
                    24, 6/30/11)


SB 1428                                                                                         Rep. Kitchen                Support
                    Amends Title 18 (Crime and Offenses) of the Pennsylva-
PN 1966                                                                                         D-Philadelphia
                    nia Consolidated Statutes, further providing for crimi-
                                                                                                County
                    nal history record information and expungement of non-
                    violent offenses after maintaining a clean record for five
                    years. (Referred to Judiciary 2/16/12)



                           UPDATE ON THE VOTER ID BILL (HB 934)
 The Voter ID Bill (HB 934) has passed both the Pennsylvania House and Senate. Governor Cor-
bett signed HB 934 into law as Act 18 of 2012 on March 14, flanked by Secretary of State Carol
Aichele and Representative Daryl Metcalfe, the sponsor of the bill.
 This bill was opposed by a coalition of organizations led by Pennsylvania Voice, AARP, and the
County Commissioners Association. Our concern is that thousands of Pennsylvania citizens will
be deprived of their right to vote.
 Moving forward, lawsuits challenging Pennsylvania's Voter ID Law in an effort to block its im-
plementation and have it overturned are expected shortly. We are seeing the same scenario in
several other states that also passed similar legislation. You will hear more about these legal
challenges in the future.
 Now, we need to educate the public about the new requirements for voting and work to ensure
that every voter in Pennsylvania gets the documentation he or she will need in order to vote in
the November and future elections. Groups are already coming together at the local, regional, and
statewide levels to help make this happen, and we will all need to be a part of these efforts.
                                                                        5
             The opinions expressed are of the authors and not necessarily those of Graterfriends or The Pennsylvania Prison Society.
Graterfriends ― A Publication of The Pennsylvania Prison Society ― April 2012



                    REPORT ON SMOKING
                        IN PRISONS
                                                                                                                  Think
                            by Danielle Collins
                     Graterfriends Editorial Assistant
                                                                                                                 About It
  Editorial note: Due to the recent debate we’ve seen regard-                             “UPDATING THE STATISTICS”
ing smoking in Pennsylvania’s prisons, we have researched
                                                                                      by Paul Schlueter III, AY-8900, SCI Dallas
the issue and printed this report for your information.
  Between 70 and 85 percent of prisoners smoke, com-
pared to 20 percent of the American public. Smoking and                        In a New York Times opinion piece dated January 10,
tobacco use have long been considered an inherent part                       2012, A. Blumstein and K. Nakamura report that New
of prison culture, but in the early 1990s, many states                       York reviewed the cases of 88,000 people, all first con-
began to restrict smoking and tobacco use in prisons due                     victed in 1980, for subsequent recidivism. About 30 per-
to concerns over healthcare costs for inmates. In 1993,                      cent of the first offenders never reoffended. Of the rest,
the U.S. Supreme Court ruled that the incarcerated have                      the likelihood of individuals reoffending dropped to about
a right to breathe clean, smoke-free air and that forcing                    what is expected of someone with no criminal record
non-smoking inmates to live in smoke-filled prisons con-                     (“redemption time”), about 10 to 13 years.
stitutes a form of cruel and unusual punishment prohib-
ited by the Eighth Amendment.                                                  Their point is that people should be protected from dis-
  Currently, 46 out of the 50 states have indoor smoking                     crimination in jobs, housing, and licensing for five years
bans, while 14 of those states ban tobacco products and                      after a misdemeanor and 10 years after a felony. After
smoking on all prison grounds. These represent the most                      that, criminal records should be sealed from public access.
restrictive policies for tobacco use in state prisons, and
many more states seem to be following suit. Only four                          In the Justice column of The Atlantic (Jan./Feb. 2010),
states do not restrict tobacco or smoking in state prisons:                  “Misfortune Teller,” Nadya Lahi writes about University
Alabama, Missouri, North Dakota, and Mississippi. In                         of Pennsylvania professor Richard Berk, who has come
Missouri, Senator Jim Lembke has proposed legislation                        up with a statistical algorithm for determining the risk
to completely ban tobacco in all state prisons.                              of recidivism of prior offenders. He finds that the earlier
  When enacting an indoor/outdoor tobacco and smoking                        the first offense, and the later the most recent offense,
ban, state prison officials typically announce the policy                    the more likely a person is to reoffend. Also, he finds that
anywhere from six months to a year in advance. This gives                    the severity of a crime previously committed DOES NOT
inmates and staff the chance to adjust without going “cold                   predict whether the offender will commit a violent crime
turkey,” and to access smoking cessation support. When                       in the future; this suggests that the distinction between
the Federal Bureau of Prisons went smoke- and tobacco-                       violent and non-violent offenders in parole decisions
free in 2004, inmates and guards were offered smoking-                       should be re-evaluated. In fact, Berk set up a similar
cessation programs, as well as nicotine patches. The                         algorithm system for Philadelphia in 2006, and has been
patches were free to guards, but inmates were required to                    “working with” the Pennsylvania Board of Probation and
pay for theirs. Often the cost of nicotine patches is prohibi-               Parole for about two years. Berk claims his system is like
tive, making the transition even harder for prisoners.                       a Ferrari compared to the LSI-R survey, a 54-question
                                                                             survey now used by Pennsylvania and many other states
  Florida implemented a statewide prison tobacco ban in                      to evaluate risk, which Berk compares to a Ford Focus.
September 2011, and made nicotine patches available to                       However, critics worry that Berk’s algorithm still relies
inmates for $34.99. Six months before enforcing the 2011                     too heavily on prior record scores, which unfairly bias
tobacco ban, prisoners and staff were informed that they                     results against African-American offenders, simply be-
were going to gradually implement the new policy. Until                      cause they are over-represented among the sampling.
the ban took effect, inmates were permitted to smoke dur-
ing recreation time in designated areas to steadily wean
themselves off of tobacco. Employees are currently permit-                     It is too soon to tell for sure whether Berk’s algorithm is
ted to smoke in designated areas off prison grounds.                         a good thing or a bad one, and who will benefit the most.
                                                                             Pennsylvania officials are likely to be reluctant to consid-
  In implementing a successful tobacco ban, the Virginia                     er letting currently-unparolable lifers to benefit at all.
Department of Corrections also took a gradual approach.
Inmates and staff were informed a year in advance and
had access to smoking cessation and nicotine replace-                          One thing is certain; real science requires not only peer
ment therapy programs. In a February 6, 2012 email,                          review, but also replication of results through independent
Director of Communications Larry Traylor shared some                         follow-up studies. Until these safeguards have been ap-
                                                                             plied, we should be wary about grand conclusions or policy
                   (See Smoking, continued on page 12)                       decisions which may be based on premature findings.

                                                                         6
              The opinions expressed are of the authors and not necessarily those of Graterfriends or The Pennsylvania Prison Society.
Graterfriends ― A Publication of The Pennsylvania Prison Society ― April 2012




                 Legal Chat                                                                                  Mailroom

     NEED HELP WITH PRISON PROGRAM                                            PRISONERS FORCED TO MOVE TO VA. HAVE
                                                                                 NO JOBS AFTER RETURNING TO PA.
  I’m writing to ask for help. I’ve been in the therapeutic
community for eight months and was discharged for lack                        As of late, lifer inmates who were previously working
of participation and not using house tools. I believe that                  in the Correctional Industries Shops at SCI Graterford
this is not true and I don’t know what to do. Is there any-                 have been returning from Virginia. These inmates were
thing I can do to be reinstated? I cannot say anything to                   transferred unwillingly to the care of the Virginia DOC
change the minds of the staff or prison. I want to know if                  and were informed that upon their return, as long as
anybody else is having the same problem, or has any                         they had not been cited for misconducts while temporari-
advice. Now I might not be able to finish my carpentry                      ly in Virginia, they would be getting their jobs back. So
class because of being discharged from the program. I                       far, that has not been the case.
also have a problem with group speaking and they don’t
look at this problem. Any help is appreciated.                                They have now been told that lifer inmates WILL NOT
                                                                            be given their old jobs back in the Correctional Indus-
                                               Terry Graham                 tries Shops that they had been removed from as a result
                                         JG-2267, SCI-Fayette               of being unwillingly transferred and taken to Virginia.
                                                                            Not only are they losing their former jobs, but they are
                                                                            more or less being punished unfairly.

                CELL EXTRACTIONS                                              And not to pick on the non-lifers that were also relocat-
                                                                            ed, but the returning non-lifers ARE getting their previ-
                                                                            ous jobs back with Correctional Industries, as long as
  On January 25, 26, and 27 of 2012, SCI Albion per-                        they did not engage in any type of misconduct in Virginia.
formed approximately 30 cell extractions. What triggered
these was a corrections officer (CO) slighting a man who                      I find this situation totally unfair and I hope that this
has a great many friends. The CO in question has a                          loss of job is corrected and rectified for the good of those
shady past at another facility, and was reportedly trans-                   who did not deserve to lose their jobs and were informed
ferred here for a fresh start. For some reason, the CO                      initially that they would not.
said the man threw an RHU shoe at him during a strip                                                                           James R. Cruz
search for a trip to the law library. This was false; no                                                              CL-1798, SCI-Graterford
such assault took place. In fact, the man was only two
days away from completing his solitary confinement
time, plus he had no motive to attack.
                                                                                        RE: “HEY, WHAT ABOUT US?”
  As further punishment, each extractee was placed in
the restraint chair for at least four hours in a suicide                      Back in August 2011 (Our Voices column), I wrote a
smock. One man has endured some ten days in the chair.                      letter entitled, “Hey, What About Us?” The article was
The staff put this chair in the main RHU hallway, like a                    for long-term incarcerated men — men looking for help
trophy of their hard work. Once time is up, the still-                      and programs that will provide them with assistance.
smocked man is placed in a cold Albion cell with no blan-                   Upon further digging for answers, I found that I could
ket, mattress, pillow, or even toilet paper or soap. SCI                    contact the Bureau of Treatment Services in Harrisburg
Albion RHU would have less than half the problems and                       and answers could be found there.
grievances it does if the on-site administration, superin-
tendent, and deputies would make rounds as done in                           Finally, I received a reply from Keith Fenstemaker,
other facilities. If the superintendent and/or one deputy                   Treatment Programs Specialist, Bureau of Treatment
superintendent would make weekly rounds, many issues                        Services. He wrote:
would be resolved.                                                            “The Pennsylvania Department of Corrections is cur-
                                                                            rently piloting a long-term offenders program at several
  In closing, the unity I witnessed shocked me, as every-
                                                                            of our facilities across the state. After the pilot program
one is normally out for themselves only. I urge all read-
                                                                            is complete, there will be a determination if the program
ers of this story to please cut it out and ask family mem-
                                                                            will be offered on a larger scale. We are optimistic the
bers to send it to the governor and the media. Together
                                                                            program will do well and are anticipating that it will be
we can right all these wrongs.
                                                                            made available to more facilities.”
                                           Darren Gentilquore
                                          GX-1572, SCI Albion                                      (See Mailroom, continued on page 8)

                                                                        7
             The opinions expressed are of the authors and not necessarily those of Graterfriends or The Pennsylvania Prison Society.
Graterfriends ― A Publication of The Pennsylvania Prison Society ― April 2012

  I’m asking that if anybody knows of this pilot program                     sion. I crashed and burned after several telephonic hear-
at their facility, please let it be known and explain exact-                 ings before Judge Ember S. Jandebuer. Although sympa-
ly what the inner-workings of this program are.                              thetic to our cause, she dismissed the case for not stating
                                                                             a claim, all of which I reported here in Graterfriends.
                                               Kevin Coleman
                                          AJ-2978, SCI Fayette                 I then followed this attempt up with dozens of letters to
                                                                             everyone I could think of. Two things are noteworthy of
                                                                             the effort. First, John Shaffer, Ph.D, in the Office of Ad-
       MY RESPONSE TO SMOKING ISSUE                                          ministration within the DOC, gave me a breakdown on
                                                                             the funds collected for the use of the phones. In a letter
  There must be a compromise. If you don’t like to smell                     that I have to this day, he said “eight million dollars”
smoke on someone, or smoking period, don’t cell up with                      were collected. Of that, the Inmates General Welfare
someone who smokes. If the person is smoking outside,                        Fund received “three million” and the remaining “five
come on! It is the only place we can smoke without get-                      million” was put into the State General Fund. Who else
ting a write up.                                                             has a problem with this?

  Smokers and non-smokers have rights. Smokers have                            Second, I used the Freedom of Information Act to get
the right or privilege to smoke, and non-smokers have                        what I could about the Inmates General Welfare Fund
the right to clean air inside. However outdoors is a public                  and its charter with the DOC and State. Guess what I
area. I haven’t heard any bans on smoking outdoors ex-                       found? The people that handle these funds cannot be
cept at bars and restaurants. People smoke to enjoy it,                      audited by State auditors, only in-house audit staff!
relieve stress, or because they are ADDICTED. As pris-                       What a racket that supports John’s words!
oners we have no right to tell other prisoners what to do.
There are many other issues more important than                                What I’d like is information on what has happened to
fighting about smoking.                                                      HR 4466, known as “The Family Telephone Connection
                                                                             Protection Act of 2005.” During our fight, it was stuck in
  Indoors, technically, our cells are our homes. We sleep                    the Committee on Energy and Commerce. I fear that, as
there, sometimes eat there, and go to the bathroom                           always, something worthy fell between the cracks and
there. If you are complaining about the ventilation sys-                     these monies were put in the hands of those who don’t
tem, allow smokers the ability to buy filters to place on                    deserve it. It’s our money that could go to much needed
the vents. Besides, the air we breathe in the cells is not                   education. I ask anyone with information concerning this
100 percent pure, either. Allow smokers to buy ashtrays                      subject to please contact me. I really appreciate it.
which eat smoke (which they do make), or air purifiers.
                                                                                                                         Jeffery Neal Saxberg
  I understand that smoking in government buildings is
                                                                                                                                     DX-5126
against the law, but also where you sleep or live is your
                                                                                                                                 P.O. Box 200
home. Would you want someone telling you what to do in
                                                                                                                    Camp Hill, PA 17002-0200
your own home?
  Brothers and sisters, prison life is hard enough without                     Editorial Note: Research done by the Pennsylvania Pris-
fighting each other over minor issues, like smoking. What                    on Society has led us to believe that the last action re-
about parole, over-crowding, prison wages, commissary                        garding HR 4466 was referral to the Committee on Ener-
prices, and equal treatment of prisoners as human be-                        gy and Commerce. Anyone with any further information
ings? Positive, effective change can only come about if                      is asked to contact Mr. Saxberg or the Pennsylvania Pris-
people are willing to set aside differences and come to-                     on Society. Thank you.
gether, willing to learn, understand and have compassion
for each other. Thank you, and God bless you.

                                                                                When submitting a letter or
                                            Jesse Keith Blough
                                           HQ-7572, SCI Albion
                                                                                column to Graterfriends for
                                                                             publication, please remember to
     STILL FIGHTING THE PHONE SYSTEM
                                                                              attach a letter (or note on your
                                                                                 submission) that it is for
  In the February issue, Mr. Yount brought up what he
called a “socially regressive commission on Pennsylvania
                                                                               publication and that you are
inmates and their families.” I mention this because those                      the original author; date and
of you that have been around for a minute should re-
member his fight with the then T-Netix phone system.                                sign the declaration.
  In late 2005 and early 2006, I picked up the torch and                                 Thank you.
filed my own complaint with the Public Utility Commis-

                                                                         8
              The opinions expressed are of the authors and not necessarily those of Graterfriends or The Pennsylvania Prison Society.
Graterfriends ― A Publication of The Pennsylvania Prison Society ― April 2012


   IN RESPONSE TO MR. TERRY GRAHAM’S                                         the commonwealth through the use of these release
       INQUIRY REGARDING SB 1161                                             mechanisms for geriatric prisoners alone. But, in the hue
                                                                             and cry for these needed reductions, where does the
                                                                             Board of Parole and Pardons stand on these issues? They
  Thanks to Graterfriends reader Dana Lomax Williams
                                                                             seem to be the greatest hindrance to these necessary re-
(OP-2742, SCI Muncy), we have news to share regarding
                                                                             ductions. The common person would think they’d have a
Senator Greenleaf’s SB 1161. Ms. Lomax found infor-
                                                                             moral obligation to help the state reduce the budget in
mation in our November 2010 Graterfriends (Legislative
                                                                             this crisis situation. They seem to get a free pass for not
Highlights) indicating that this bill was passed, becom-
                                                                             doing their part to help.
ing Act 95 on October 27, 2010. The information about
the law is below:                                                              Where are the voices calling for those over at the Board
                                                                             of Parole and Pardons to act? There is silence from the
  “The Prison Reform Bill of 2010, sponsored by Senator
                                                                             politicians, DOC officials, the press, the governor, the
Greenleaf, has undergone several revisions due to numer-
                                                                             prison population, our family members, faith-based
ous amendments. Although the bill is quite different from
                                                                             groups, and prisoner support organizations. Silence eve-
the original version…it provides provisions that will im-
                                                                             rywhere! No one is calling for these gate-keepers of free-
pact programs, policies, and populations in corrections,
                                                                             dom to act in the best interest of the state in this crisis
parole, and other criminal justice agencies. The new law
                                                                             situation.
calls for adoption of risk assessment tools, sentencing
guidelines for state intermediate punishments, evalua-                         Together, we can change this. There is a solution for
tion of boot camps and state intermediate punishments,                       returning released citizens safely back into the communi-
confidentiality of victim information, distribution of pro-                  ty. To find out what you can do to help, write to me:
ceeds from inmate labor, use of evidence-based practices
in parole decisions for better reentry coordination, gradu-                                                                        James Taylor
ated sanctions for technical parole violators, conditions of                                                                            AF-4120
parole to include drug screenings of parolees regardless of                                                                          PO Box 244
offense, omitting program non-completion as a reason to                                                                    Graterford, PA 19426
deny parole, notification requirements for certain offend-
ers going to group homes in certain counties, and more.”
 We thank Ms. Williams for sharing this information.                           SCI CAMP HILL DAY OF RESPONSIBILITY,
                                              Mindy Bogue                          SATURDAY, FEBRUARY 25, 2012
                              Graterfriends Managing Editor
                                                                              Editorial Note: This article was featured in “Monthly In-
                                                                             mate News,” a newsletter from SCI Camp Hill. It was sub-
                                                                             mitted to us by Harry Twiggs, AF-3025, SCI Camp Hill.
           A GLARING CONTRADICTION
                                                                               On Saturday, February 25, 2012, the Activity Depart-
  Somebody, please tell me if the following makes sense:                     ment hosted a daylong event entitled, “A Day of Respon-
According to political figures and high-ranking DOC offi-                    sibility.” It was held from 9:00 a.m. to 4:00 p.m. Over 125
cials, the State of Pennsylvania is facing an economic                       CDCC and GP inmates attended the event.
crisis and needs to reduce its prison population “out of
necessity” as a cost-saving measure. Clearly, the state                        The day was organized and planned with input from
has in parole, pre-release, and the commutations process,                    inmate Harry Twiggs and a committee, along with a for-
three release mechanisms available to achieve any level                      mer employee, Ms. Cathy Sabatino, overseeing the event.
of reductions it wants.                                                      After opening remarks by Harry Twiggs and Ms. Sabatino,
                                                                             three guest speakers (Ms. Lynn Shiner, Karen Laird, and
  The Board of Parole and Pardons, as the gate-keepers                       Destiny Brown) shared their experiences of the impact of
to freedom or continued imprisonment of the Common-                          crime on their lives. After a lunch break, the inmates were
wealth, can independently evaluate and release people as                     divided into small groups and rotated among subjects such
they see fit. But, for too long, a genuine show of mercy                     as responsibility, confession, repentance, forgiveness, rec-
has been absent from the Board of Pardons. There are                         onciliation, restoration, amends, and health.
hundreds of release-worthy candidates in the state: men
and women who, once granted their freedom, would nev-                          The main guest speaker for the day, Mr. Jonathon
er come back. This is especially so among geriatric pris-                    Queen, an ex-offender, ended the day with an insightful
oners, many of whom have served more than 30 years.                          and inspirational talk on the “hows and whys” of a re-
                                                                             sponsible life.
  The “powers that be” could make much better use of
such people. They are qualified to make contributions to                       Before ending the day, all the inmates recited and signed a
public safety upon release. Instead, this untapped hu-                       pledge to take responsibility for their past, present, and fu-
man potential is allowed to waste away needlessly, sub-                      ture actions and to make a difference in their communities.
ject to a conviction turned into a cruel sentence of death
                                                                               A “Thank You” is extended to all the staff and inmates
by lethal incarceration. When is enough enough?
                                                                             who worked so hard to make this “Day of Responsibility”
 Tens of millions of tax-payer dollars could be saved by                     a huge success.

                                                                         9
              The opinions expressed are of the authors and not necessarily those of Graterfriends or The Pennsylvania Prison Society.
Graterfriends ― A Publication of The Pennsylvania Prison Society ― April 2012


                                                                             purchase cards from the prison commissary.”



                  Our Voices
                                                                               My second personal challenge followed just days later.
                                                                             Three approved phone numbers on my phone list suddenly,
                                                                             without notice were inaccessible. The three numbers were
                                                                             all local Erie 814 numbers that my brother and two sisters
                                                                             obtained through a service called Google Voice. In short,
                                                                             Google Voice is a service that allows individuals to assign
             STICK TO YOUR MISSION                                           additional phone numbers to an already existing land or
                                                                             cellular phone line, at no cost. For a year I was able to en-
    by Joshua Michael Uhrich, HS-4335, SCI Albion                            joy calling my siblings weekly, at a rate of $1.69 per 15-
                                                                             minute phone call, as it was financially feasible. Now, that
  As we entered 2012, I reflected on two DOC challenges                      opportunity is nearly a financial impossibility because a 15
I faced just prior to the Christmas season. Then, when I                     -minute long distance call is at least $6.00. Eventually, the
most recently learned of a certain change in DOC policy,                     DOC removed all Google Voice phone numbers.
all mere reflection was translated into a motivation to
act. I felt obliged to put pen to paper.                                       Most recently the Pennsylvania DOC discontinued one
                                                                             day of inmate visitation every month due to a cost saving
  My first challenge was as follows. For Christmas 2010.                     initiative. It was this most recent issue that compelled
I sent out 75 cards—nearly all purchased from the com-                       me to expose the Pennsylvania DOC’s hypocrisy.
missary—to family and friends. This year, to be more
thrifty, I asked my parents to send me 50 blank Christ-                        The DOC’s mission statement in part reads: “The mis-
mas cards from their wealth of extras. After I did not                       sion of the Pennsylvania Department of Corrections is…
receive the package for a week, my father investigated.                      to provide opportunities for inmates to acquire… values
He called the SCI-Albion mailroom and spoke with a                           necessary to become productive law-abiding citizens…”
gentleman—probably the mailroom supervisor. The DOC                          One such value for successful and productive reintegra-
employee informed my dad that the package was confis-                        tion into society is maintaining—or forming—a healthy
cated by the mailroom because inmates are not permit-                        support system while incarcerated. Research has proven
ted to receive “unsigned cards.” After my dad asked what                     that those who upon exiting the DOC’s custody are sur-
safety/security risk is associated with unsigned cards,
the employee responded, “Well, we prefer that inmates                                               (See Mission, continued on page 14)




     DO YOU KNOW ABOUT THE UNIFORM                                           went through our paperwork page-by-page, looking for
        COMMERCIAL CODE (UCC)?                                               UCC information. So, naturally, I inquired as to why
                                                                             they were so interested in confiscating this information.
      by Dominic Hershey, JM-5721, SCI Somerset                              One of the COs went on a brief rant about how inmates
                                                                             were trying to use this information to put liens on peo-
  A few years ago, I was introduced by a friend to the                       ple, they’re clogging up the courts with frivolous motions,
world of “The Uniform Commercial Code”. At the time,                         and they don’t know that this is pertaining to corporate
there was a wealth of information in our institution. Fas-                   law and has nothing to do with us. At which time the
cinated, I studied night and day for months. Aside from                      other officer stopped him and said, “hold on now, I have
the initial shock of the material and its claims, I was                      a friend in Oregon who is sovereign; he has no birth cer-
equally puzzled as to how this “taking back of one’s                         tificate, no social security card, no license; doesn’t pay
TRUE freedom” could exist without the public as a whole                      taxes or anything!”
taking advantage of it, or even being aware of it! I surely
                                                                               This was confirmation for us that the information, at
had never, in my 35 years, heard of it! So, of course, I
                                                                             least in part, was valid. Several days later I was told
grew skeptical.
                                                                             that someone, using this sort of information, had put a
  Then, on an otherwise normal day, a war was waged,                         lien on then-Secretary of the DOC Jeffery Beard, and
and it had become obvious that either we were already                        that is what spurred the war on this information. Also,
being watched, or someone on the block was informing                         to my knowledge, all commercial and maritime law
security who had this information. There were three                          books, as well as anything pertaining to the UCC have
shake-downs that day. All three cells belonged to my                         been removed from our law library! Correct me if I’m
comrades, who also had UCC information in their cells.                       wrong, but isn’t that denying us access to the courts?
It was obvious that the COs were there solely for our                        And isn’t that my right under the 14th Amendment?
paperwork.
                                                                               It’s not what we might do with the material; it’s wheth-
  After having my paperwork taken, I was escorted to an
empty dorm area along with my cellie, where we were
informed to stand by while one of the security members                                                   (See UCC, continued on page 14)

                                                                        10
              The opinions expressed are of the authors and not necessarily those of Graterfriends or The Pennsylvania Prison Society.
Graterfriends ― A Publication of The Pennsylvania Prison Society ― April 2012


                                                                            together, or were married and dated each other. And
                                                                            they have the audacity to talk about the inmates. The

                              Pssst…                                        nerve. If we go in front of the hearing examiner, we are
                                                                            doomed if we do not have four legs. She loves the pup-

                      Pass the Word
                                                                            pies here in the puppy program.

                                                                              I have never been a problematic inmate, like so many
                                                                            others here. However, because I grieved a particular
                                                                            staff member for discharging me from a program with-
                      SOUND OFF!                                            out a legitimate reason, they had it in for me. This indi-
    by Dana Lomax-Williams, OP-2742, SCI Muncy                              vidual happened to be very good friends with Kerrs-
                                                                            Barr. Let’s just say, after I was paroled, this individual
  We here at Muncy’s Women’s State Penitentiary are                         made sure that the hearing examiner punished me se-
elated to know that Representative Ronald Walters                           verely for something that truly didn’t warrant such
stated that the U.S. Justice Department’s Civil Rights                      harsh punishment. Due to me going to the hole, my re-
Division is opening a federal probe of Pennsylvania’s                       lease was delayed by two years.
prison system, and that it will eventually cover all the
                                                                              Unfortunately, the staff can call the hearing examiner
state prisons. Many women are very hesitant about
                                                                            and either plead on our behalf, or ask for us to be cruci-
speaking out about the sexual harassment due to retali-
                                                                            fied. She’s judge and jury. Well, it’s about time someone
ation, especially with these lengthy sentences. Who will
                                                                            spoke up and sounded off. There are numerous issues
protect them?
                                                                            that need to be exposed, and this is just the beginning
  For one thing, we are in dire need of an unbiased, bo-                    many. I have nothing else to lose, but I am speaking out
na fide, certified hearing examiner. Kerrs-Barr (our                        for all my sisters that are imprisoned by their fear of
hearing examiner) gives out state sentences with the                        retaliation. We need an outside advocate. Changes must
help from and under the influence of her friends, who                       be made here. Look for more from me speaking out and
are usually the ones who wrote you up. How do I know?                       sounding off.
So glad you asked. From experience. Many of the em-
ployees here either grew up together, went to school                          Thank you.



               AN IMPORTANT CASE                                            as “an accomplice.” Under Pennsylvania law, one is an
                                                                            accomplice if, “with the intent of promoting or facilitating
by George Rahsaan Brooks-Bey, AP-4884 SCI Frackville                        the commission of an offense,” he or she either “solicits
                                                                            such other person to commit the offense or the crime” or
  The third circuit court of appeals recently overturned a                  “aids or agrees or attempts to aid such other person in
first degree murder conviction in the case of Johnson v.                    planning or committing [the offense].” (See Everett v
Mechling, No. 08-2477. Johnson argued that the evidence                     Beard, 290 F3d500, 512 [3d cir. 2002]; Commonwealth v.
to convict him was insufficient to support the conviction.                  Cox, 863 A. 2d 536, 551 {PA. 2004].)
The court set out by applying the established federal
standard by the U.S. Supreme Court in Jackson v. Vir-                         The Third Circuit ruled Johnson’s conviction “did not”
ginia, 443 U.S. 307 (1979). (“The Constitution prohibits                    survive the due process challenge because the “state rec-
the criminal conviction of any person except upon proof                     ord” did not contain sufficient evidence to permit any
of guilt beyond a reasonable doubt of each element of the                   reasonable fact finder to conclude that Johnson, as an
offense.”) However, “a properly instructed jury may occa-                   active partner, shared intent with his co-defendant to
sionally convict a person even when it can be said that no                  commit murder or that Johnson acted in such a manner
rational trier of fact could find guilt beyond a reasonable                 as to encourage or facilitate the murder. (See, Smith v.
doubt (Jackson at 318). A reviewing court must deter-                       Horn, 120 F. 3d. 400, 410 [3d cir. 1997].) The Court ruled
mine “whether, after viewing the evidence in the light                      that Johnson “was not the shooter and that securing a
most favorable to the prosecution, any rational trier of                    first-degree murder on accomplice liability where shared
fact could find the essential elements of crime beyond a                    intent is involved,” is no easy task. (See Commonwealth
reasonable doubt” (Jackson at 319). This standard must                      v. Raymond Johnson, 966 A2d 523, 543 [PA 2009]; Com-
be applied with explicit reference to the substantive ele-                  monwealth v Murphy, 844 A. 2d 1128, 1238 [PA. 2004].)
ments of the criminal offense defined by state law. The                     The Court ruled it is essential “that there be a logical
Court looked to Pennsylvania law only to establish the                      and convincing connection between the facts established
elements of the offense. They then turned to the “federal                   and the conclusions inferred. Put another way, the differ-
question” of whether the Superior Court was objectively                     ence between an inference and a speculation is that an
unreasonable in concluding that sufficient evidence sup-                    inference is a reasoned deduction for the evidence; a
ported Johnson’s convictions.                                               speculation is a guess.” (See Commonwealth v. Konz, 402
                                                                            A. 2d 773, 788 [PA. Super 2003].)
  Pennsylvania statutes define murder as an “intentional
killing.” Johnson was found guilty of first-degree murder                               (See Important Case, continued on page 13)

                                                                       11
             The opinions expressed are of the authors and not necessarily those of Graterfriends or The Pennsylvania Prison Society.
Graterfriends ― A Publication of The Pennsylvania Prison Society ― April 2012

Occupy Philly, continued from page 2                                         Smoking, continued from page 6


funded, to a significant extent, both basic and higher edu-                  of the secrets of Virginia’s successful policy. Wrote Tray-
cation in Pennsylvania, while continuing to build prisons.                   lor: “The effects were minimal because almost all Virgin-
                                                                             ia jails had already eliminated tobacco products prior to
  America has the highest persons per capita incarcer-                       this ban so inmates coming from local and regional jails
ated in the world, exceeding even China and Russia.                          were already tobacco free prior to coming into the state
“We have more frivolous laws that require prison sen-                        system.” Additionally, Virginia prisons implemented a
tences than any other country in the world, including                        “step down” program for inmates and staff using a curric-
rogue dictatorial states. We have become a country                           ulum developed by the National Commission on Correc-
where the prison industrial system has taken control,                        tional Health Care (NCCHC). Penalties for violating the
our answer to everything has become, ‘put them in                            tobacco ban will not be as harsh as other infractions, and
prison,’” said Danielle Finger, artist and political ac-                     will be cited as administrative offenses that lead to loss
tivist with Occupy Philly.                                                   of privileges but not criminal prosecution.
  “There are so many problems that feed into the prison                        Many familiar with state prisons have warned that ban-
industrial complex in Pennsylvania, but the injustice                        ning smoking and tobacco products will only serve to in-
becomes clear when the state spends more on prisons                          crease violence in prisons and turn the items into contra-
than it does on schools,” said Nate Kleinman, a human                        band. Since implementing a tobacco ban in March 2009,
rights activist in Philadelphia. “This is just a disaster.                   Ohio officials have noticed an increase in violence and are
If we spent more money on educating our young we                             investigating to discover the cause. Gary Mohr, Director of
wouldn’t need as many prisons. Most crimes committed                         the Ohio Department of Rehabilitation and Correction,
are committed by desperate people — stealing something                       expressed concern over the rise in violence in Ohio prisons
to pay a bill, or feed an addiction — and they don’t have                    and stated “Tobacco has become a currency that’s used in
the education to get the few jobs that free trade has left                   our prisons.” There have been incidences of guards smug-
us with.”                                                                    gling and selling cigarettes, but such events are rare in
                                                                             proportion to the number of state prison employees.
  More than 70 percent of Pennsylvania’s prisoners come
from minority communities, and 99 percent of them are                          Pennsylvania’s policy, effective September 11, 2008, is
from poor communities. The solution is simple: educate                       consistent with the Clean Indoor Air Act, which prohibits
our young people, bring jobs to the state. Don’t hinder                      smoking in a public place. Smoking is permitted only in
                                                                             designated outdoor areas, and staff and inmates who
                                                                             smoke are offered resources pertaining to smoking cessa-
We have more frivolous laws that                                             tion. Additionally, the Inmate General Welfare Fund has
require prison sentences than any                                            funding available to facility managers for smoking cessa-
                                                                             tion programs.
other country in the world.
                                                                               In deciding whether to begin a smoke and tobacco free
                                                                             policy, officials must weigh a number of concerns and
 companies with out-of-date over regulation, but imple-
                                                                             considerations to make an informed decision. This in-
ment smart regulations that take business, the environ-
                                                                             cludes balancing concerns over inmate health with ques-
ment, and — most importantly — people into account.
                                                                             tions of whether inmates have a right to smoke. It also
  If you want to lower the state budget in this “time of                     involves careful planning, as ending a nicotine habit
economic crisis,” lower the prison population and put the                    “cold-turkey” can be dangerous and terribly unpleasant.
right people in jail, such as violent offenders. Apply fair                  Nationally, it appears that banning smoking is becoming
prison sentences appropriate to the crime instead of                         the norm, and many state prison systems are eager to
three-to-seven years for a crime of omission, or a two-to-                   get on board.
four-year sentence for a drug problem.                                         References:
                                                                               100% Smokefree Correctional Facilities. Issue brief. American Non-
 We need to depopulate our prisons and repopulate                            smokers' Rights Foundation, 2 Jan. 2012. Web. 17 Feb. 2012. <http://
our schools!                                                                 www.no-smoke.org/pdf/100smokefreeprisons.pdf>.
                                                                               Blitstein, Ryan. "Smokers Behind Bars Can Quit, Too." Miller-McCune.
                                                                             18 Dec. 2008. Web. 17 Feb. 2012. <http://www.miller-mccune.com/health/
                                                                             smokers-behind-bars-can-quit-too-4060/>.
    Have you read the recent report                                            Fitzgerald, Sandy. "Tobacco Ban Might Be Igniting Ohio Prison Vio-
                                                                             lence." Newsmax.com. 23 Jan. 2012. Web. 17 Feb. 2012. <http://
  about children of incarcerated par-                                        www.newsmax.com/TheWire/prison-violence-ohio/2012/01/23/id/425101>.
  ents? If you want to learn how we                                            Gardner, Amy. "Cigarette Ban Being Implemented in Va. State Pris-
   can help these “invisible victims”                                        ons." Washington Post. 16 June 2009. Web. 17 Feb. 2012. <http://
                                                                             www.washingtonpost.com/wp-dyn/content/article/2009/06/15/
        of incarceration, go to:                                             AR2009061502330.html?nav=emailpage>.

  www.prisonsociety.org and click on                                           "Maxwell Muff Et Al. v. Terry Collins Et Al." Web. 17 Feb. 2012.
                                                                               Zoroya, Gregg. "Smoking Bans Spread to Prisons." USATODAY.com.
       the “What’s New?” page.                                               21 July 2004. Web. 17 Feb. 2012. <http://www.usatoday.com/news/
                                                                             nation/2004-07-21-prison-smoking-usat_x.htm>.


                                                                        12
              The opinions expressed are of the authors and not necessarily those of Graterfriends or The Pennsylvania Prison Society.
Graterfriends ― A Publication of The Pennsylvania Prison Society ― April 2012




                 Announcements
                                                                                                                    Literary
                                                                                                                    Corner
Preserving Your Claim Under the Prison                                                          KANGAROO COURT
Litigation Reform Act (PLRA) is a new docu-
ment that was recently sent to all of Pennsylvania’s state                                By David Lusik, CQ-3760, SCI Forest 
prison libraries. It was written by Alex Rubenstein, 2012
Candidate for J.D. at Rutgers School of Law-Camden. It                       As I lay awake on my bunk waiting to got to court,
is intended to provide some background information on                        I had a vision of court jesters and barristers,
the PLRA, and also explain how the law impacts court
                                                                             all disguised even to the eyes in fraud,
claims filed while in jail or prison. Additionally, this
pamphlet explains how to properly follow the grievance                       then came the judge in her polka dot robe that looked
process employed by the Pennsylvania Department of                           like a dress,
Corrections, in order to help protect any claims you may                     what a masquerade a real kangaroo court.
bring relating to prison conditions from being dismissed                     Next came Tyranny,
for failure to exhaust administrative remedies. Even for                     Here ye! Here ye! Here ye!
claims that are not affected by the exhaustion require-                      This court is now in session!
ment, this pamphlet should serve as a helpful tool for
                                                                             The evil prosecutrix called her first witness,
correctly filing grievances.
                                                                             A fat clown who left me panic stricken,
                                                                             I felt like Alice falling down the rabbit hole in wonder-
                                                                             land,
Beccaria: A Chapbook Anthology by Aja
Beech is once again available, for a limited time. To or-                    Then came the verdict of anarchy’s tempestuous cry,
der a copy, prisoners may send a check or money order                        Guilty, guilty, Guilty, on all charges,
for $5 to:                                                                   My poor mother fainted,
                                                                             My sister cried,
Aja Beech                                                                    I picked myself up and told the judge give me liberty or
2445 Coral St.                                                               give me death,
Philadelphia, PA 19125                                                       The lone old hag laughed and snarled,
                                                                             She declared, I am the Queen, God and the law of
                                                                             this land,
Life Support for Women with an                                               Take this scoundrel off to jail forever!
Incarcerated Loved One is a new support group
for women looking for a safe place to share feelings and
concerns about incarcerated family members. The group
meets the second Tuesday of every month, from 4:00 p.m.
to 6:00 p.m., at the Pennsylvania Prison Society: 245 N.
                                                                             Important Case, continued from page 11
Broad Street, 3rd Floor, Philadelphia, PA 19107
(Race-Vine station, across from Hahnemann Hospital).                           For an inference to be reasonable, it “must flow from
                                                                             facts and circumstances proven from the record, and
For more information:                                                        must be of such volume and quality as to overcome the
Mason Barnett, 215-564-6005, ext. 106 (Prison Society)                       presumption of innocence and satisfy the jury that an
Desiree Cunningham 215-758-5877 (Support Group                               accused one’s guilt is beyond a reasonable doubt.” A rea-
questions only)                                                              sonable inference is one where the facts must flow from
                                                                             inferences, not conjecture, speculation or suspicion. Infer-
                                                                             ences must be reasonable and establish a prima facie
 We seem to have a gap between                                               case of criminal culpability; anything less rises no higher
our cherished ideals about                                                   than “guess work.” (See Commonwealth v. Wodjak. 466
                                                                             A. 2d 991, 996 [PA 1983].)
justice and the realities of the                                               Lorenzo Johnson (who has written articles in
prison environment.                                                          Graterfriends about his actual innocence) is black, poor
                            —Nicholas deB Katzenbach,                        and happened to be on the scene when the crime oc-
                          former U.S. Attorney General                       curred. Mere presence has “never been a crime,” but
                                                                             that’s not how an all-white jury saw it.

                                                                        13
              The opinions expressed are of the authors and not necessarily those of Graterfriends or The Pennsylvania Prison Society.
Graterfriends ― A Publication of The Pennsylvania Prison Society ― April 2012

                                                                              Mission, continued from page 10


   Save the Date!                                                            rounded by a spouse, close family members, and/or
                                                                             friends are most likely to succeed in home and communi-
                                                                             ty environments.

 The 225th Annual                                                              Blank Christmas cards, reasonably priced phone calls,
                                                                             and daily visitation: all three directly affect inmates’
 Business Meeting                                                            systems of support. Inmates’ support systems directly
                                                                             affect inmate values and the success rate of reintegra-
 11:00 a.m., May 8, 2012                                                     tion into society. The DOC should be applauding the fact
                                                                             that prisoners have family members who can help their
                                                                             incarcerated loved ones send special cards to other fami-
 To be held at                                                               ly and friends. The DOC likewise should be praising
 The Defender Association                                                    inmates for finding a legitimate, legal service that helps
                                                                             them call family and friends at a reasonable cost. The
 of Philadelphia                                                             DOC should be adding days and hours to allotted visita-
 1441 Sansom St.                                                             tion times in order to accommodate family connection.
                                                                             Instead, the DOC implicitly is discouraging and jeering
 Philadelphia 19102                                                          at these inmate-initiated attempts at rehabilitation.

                                                                               Shame on you, Pennsylvania DOC, for not adhering
 A light lunch will be served                                                to your mission statement. C’mon… you can do better.
 after the meeting.

 Please RSVP to
 tspence@prisonsociety.org or 215-
 564-6005, x116                                                              UCC, continued from page 10

                                                                             er or not we have the right to possess these materials.
                                                                             Has anyone heard of the right to bear arms? Yeah, we
 Later in the day we will be celebrat-                                       might shoot someone with the gun we buy and possess;
 ing 225 years of service. Please                                            nevertheless, we have the right to it. So, at this point, I
                                                                             would like to know what is being done about the prohi-
 watch for your invitation to this tick-                                     bition and confiscation of said legal materials. Does
 eted event or check our website for                                         anyone have anything in front of the courts? I would
 more details.                                                               like to know the status of any action being taken, and if
                                                                             there is any class action, if I can be named as a plain-
                                                                             tiff, and how.


SUBSCRIPTION INFORMATION
                               Support our mission and become a member!
Receive Graterfriends and Correctional Forum for:                                          Make a check or money order payable to
$5     Prisoner                     $200     Patron                                         The Pennsylvania Prison Society
$10    Prisoner Family              $250     Sponsor                                        245 North Broad Street, Suite 300
       Student                      $500     Founder                                             Philadelphia, PA 19107
$40    Regular Membership           $1,000   1787 Society
$100   Friend of the Society                                                          Prisoners may pay with unused postage stamps.

Are you a prisoner who just wants Graterfriends? You may
subscribe just to Graterfriends for $3.


Name _________________________________________ Prisoner Number _______________ Institution _________________________________

Address ______________________________________________ City _______________________________ State _______ Zip ________________

Payment Amount _____________________________________ Payment Method _____________________________________________________

                            NEW SUBSCRIBERS: Please allow 6-8 weeks for receipt of your first issue.


                                                                        14
              The opinions expressed are of the authors and not necessarily those of Graterfriends or The Pennsylvania Prison Society.
April 2012 Graterfriends
April 2012 Graterfriends

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April 2012 Graterfriends

  • 1. Graterfriends ― A Publication of The Pennsylvania Prison Society ― April 2012 A Publication of The Pennsylvania Prison Society Promoting a humane, just and constructive correctional system and a rational approach to criminal justice since 1787 Volume 43 Issue 4 April 2012   www.prisonsociety.org  www.facebook.com/PennsylvaniaPrisonSociety Not in My Footsteps by Lee A. Horton, CN-2067, SCI Mahanoy “Happy are the sons whom fathers educate. There is Thus, it is all up to us to teach them that it would be a not error in their being’s plan.” (Ptaah Hotep, c. 2340 grave error to put on our old shoes. Tell them the truth B.C.). This missive is written to all incarcerated men and — that those shoes are too small, will only cause pain in women concerning our responsibility to our families. Too the long run, and will not last the distance of a lifetime. many of our family members are following in our foot- Warn them not to travel the roads we once travelled. steps to prison. This trend is destroying our families and Tell them that those roads start out wide but soon nar- our communities. Increasingly, parents are finding them- row; that at first they seem easy to navigate but quickly selves doing time with their children, older siblings with turn rocky; that they appear as shortcuts but are really younger siblings, and uncles and aunts with nieces and paths to nowhere. Let them know that the longer a per- nephews. This is not acceptable. son walks those roads the farther they lead them away from their best future, ultimately leaving them strand- To quote Jesse Jackson, “Every generation needs the ed, wandering the barren wasteland of lost opportuni- instruction and insights of past generations in order to ties without a compass to help find their way back. forge its own vision.” Just because we are in prison does not remove our familial obligations. Our families need People, we must fulfill our obligations to our families our instruction and insight to help them see where they today. If we do so, limitless futures will be hatched for are going, regardless of our prisoner status. them tomorrow instead of caged futures. It is time for us to act now, our inaction is not a viable option. We may Zora Neal Hurston once wrote: “[T]he present was an not be able to help those who are here with us already, egg laid by the past that had the future inside its shell.” but we can help the ones standing at the cross-roads For us, this means that our past actions are the dysfunc- trying to figure out which way to go. Our mantra to tional parents of our loved ones’ present day bad deci- them must be, “NOT IN MY FOOTSTEPS.” sions. Even as prisoners, we have family members who look up to us. Our sons and daughters idolize us, our younger siblings revere us, and our nephews and nieces admire us. They want to be who we once were — or who they believe we were. As such, we have a profound influ- In this Issue ence over them and they will listen to us. From the Editors, News ................................................. 2 Therefore, it is incumbent upon us to tell them the Spotlight ......................................................................... 3 truth about the streets, the court system, and prison in Mrs. GE-6309 Time, Birthdays, Crossword Solutions.. 4 order to lead them in the right direction toward the high roads and away from the low ones. It is our duty to de- Legislative Highlights .................................................... 5 stroy their unrealistic vision of life, where they believe Report on Smoking, Think About It .............................. 6 hustling is a career choice and it is OK to rob, steal and Legal Chat ...................................................................... 7 cheat to get by, and that it is acceptable to go to prison. Mailroom..................................................................... 7-9 We should engage them with the wisdom we have Our Voices .................................................................... 10 learned from our experiences. Whether during visits, Pass the Word .............................................................. 11 over the phone, or in letters, our goal should be to say Announcements, Literary Corner................................ 13 whatever we can to prevent them from following in our Graterfriends Order Form, Save the Date .................. 14 footsteps. I don’t care who you are — innocent, guilty or unrepentant — we should all want a positive prison-free Crossword ..................................................................... 15 future for our family members. “The Last Word” by William DiMascio........................ 16 1 The opinions expressed are of the authors and not necessarily those of Graterfriends or The Pennsylvania Prison Society.
  • 2. Graterfriends ― A Publication of The Pennsylvania Prison Society ― April 2012 From the Editors News Mr. Lee A. Horton’s front page article could not have by Cory Clark, Occupy Philly Media come at a better time. We recently presented the report on children of incarcerated parents to the Pennsylvania On February 20, the Occupy movement as a whole held Senate and it has been getting a lot of attention in the a national day of action for the reduction of prison popu- press. At the presentation, Rev. Dr. Wilson Goode stated, lations and improvement in prison conditions in the “I saw in that prison a grandfather, a father, and a United States. Occupy Philly, members of The Pennsyl- grandson -- all in the same prison, at the same time. And vania Prison Society, Decarcerate PA, and community they met for the first time in prison. As I was leaving, activists from around Philadelphia gathered at 1717 the grandson pulled me aside and asked, ‘Dr. Goode, I Arch Street to protest Hill International Ltd., a company have a son that I've never seen. Do you think I will see heading the expansion of SCI Graterford. him for the first time in prison, too?’” Protesters held signs saying, “No More Prisons!” and In response to the several letters we’ve received over the similar thoughts. There were several speeches about past months regarding smoking in Pennsylvania’s prisons, the current statistics regarding incarceration in Penn- Editorial Assistant Danielle Collins has written a report sylvania, and others that related conditions in the (page 6) about our state’s policies, the smoking policies of prison system. other states, and their effect on the prison population. “Inmates have nothing to do but work at slave wages, watch TV, drink coffee, and go to programs that don’t Editorial Assistant Bridget Fifer has written an article work and often repeat each other. There’s no real educa- (page 3) about mandatory minimum sentencing, why tion in prisons — no way to build yourself up — after some consider it unconstitutional and why it doesn’t they’ve torn you down,” said Assad Jackson, a former work. She has also included a timeline featuring im- offender who is now an activist in his community. portant dates in the history of mandatory minimum sen- tencing in the United States. It’s been said that if you don’t have a strong commitment to education, then you need to have a strong commitment Finally, don’t miss our information in the Legislative to incarceration. Pennsylvania’s government has under- Highlights section (page 5) about the recently passed Voter ID Bill, now Act 18. It will be important infor- mation for you when you are released and wish to vote. (See Occupy Philly, continued on page 12) Letters more than a page in length (200 words) will not be published in their entirety in Mailroom or Legal Chat Room, and may be considered for another column. All columns should be no more than 500 words, or two double-spaced pages. EDITOR-IN-CHIEF: William M. DiMascio To protect Graterfriends from copyright infringement, please MANAGING EDITOR: Mindy Bogue attach a letter stating, or note on your submission, that you are the original author of the work submitted for publication; date EDITORIAL ASSISTANTS: Danielle Collins, Bridget Fifer and sign the declaration. FOUNDER: Joan Gauker If you have a question about Graterfriends, please contact Mindy Bogue, Communications Manager, at 215-564-6005, ext. 112 or mbogue@prisonsociety.org. Graterfriends is a monthly publication from the Pennsylvania Prison Society. The organization was founded in 1787 and works toward enhancing public safety by providing initiatives that promote a just and humane criminal justice system. This issue is made possible through contributions from our readers and funding from Phoebus Criminal Justice Initiative through the Bread & Roses Community Fund. 245 North Broad Street · Suite 300 We reserve the right to edit submissions. Original submissions Philadelphia, PA 19107 will not be returned. We will not print anonymous letters. Telephone: 215.564.6005 · Fax: 215.564.7926 Allegations of misconduct must be documented and statistics www.prisonsociety.org should be supported by sources. www.facebook.com/PennsylvaniaPrisonSociety 2 The opinions expressed are of the authors and not necessarily those of Graterfriends or The Pennsylvania Prison Society.
  • 3. Graterfriends ― A Publication of The Pennsylvania Prison Society ― April 2012 it” (FAMM: Families Against Mandatory Minimums), has resulted in large numbers of low-level offenders fac- ing long sentences. In addition to threatening checks and Spotlight balances and doing little to attack the drug trade while increasing the prison population, mandatory minimum sentencing also poses problems for the judicial system in many other ways. Minimum sentencing laws make it difficult for individuals with drug abuse histories to re- cover, and make it impossible for a judge to treat each WHY MANDATORY MINIMUMS DON’T WORK case circumstantially. This results in about 60 percent of by Bridget Fifer, Graterfriends Editorial Asssistant the prison population being locked up on drug charges. The United States government is structured in a three- It’s estimated that 1.4 million people in the United branch system with checks and balances in place to ensure States prison system have serious drug and alcohol that no one branch becomes more powerful than the oth- abuse issues. Mandatory minimum sentencing strongly ers. In school, children are taught about how these checks affects first-time offenders. Often, this sentence is the and balances work, but nobody mentions areas in which first time in a person’s battle with drugs that he or she is they are threatened. One way the checks and balances faced with ceasing use. Being locked up makes it almost between the Judicial and Executive branches are being impossible for these individuals to seek and receive the threatened is the concept of mandatory minimum sentenc- treatment they need to recover. ing. The timeline below illustrates a background of key movements in the progression of mandatory minimums, Not only does mandatory minimum sentencing strongly which are essentially in place to attack the drug trade. contribute more to punishment instead of rehabilitation, which the American prison system seems to value, it also What seems like an effective way to “catch those at the top of the drug trade and deter others from entering (See Mandatory Minimums, continued on page 15) AN OVERVIEW OF IMPORTANT CHANGES MADE TO MANDATORY SENTENCING 1970s 1990s -New York implements mandatory sentences -Increase in opposition campaigns for some drug offenses (Rockefeller Drug Laws) -Arizona promotes treatment for first- and second-time drug offenders as alternative to prison (Proposition 200) -Michigan implements a minimum sentencing for possession of over 650 grams of cocaine -Michigan 650 Lifer Law repealed or heroin (Michigan 650 Lifer Law) -Increase in minimum sentences for gun offenses -U.S. Supreme Court rules that federal -Drug sentence “cap” lowers sentence for low- sentencing laws do not violate separation level drug offenders of power (Mistretta v. U.S.) -Constitutionality of mandatory sentencing reiterated (Harris v. U.S.) 1980s -It is declared unconstitutional to increase sentences based on evidence not admitted or proven as fact by a jury. Decision affects mandatory minimum laws in 13 states (Blakely v. Washington) 2000s 3 The opinions expressed are of the authors and not necessarily those of Graterfriends or The Pennsylvania Prison Society.
  • 4. Graterfriends ― A Publication of The Pennsylvania Prison Society ― April 2012 Mrs. GE-6309 Time DEATH ROW by Reesy Floyd-Thompson April Birthdays HOW TO BE A PRISONER’S WIFE Herbert Blakeney Michael Pruitt FB-5713, GRN GF-1448. GRN Keeping a marriage together with an incarcerated spouse Edwin R. Romero, Scott Blystone is hard. Relationships of this kind tend to have a high fail- CZ-3206, GRN AP-9152, GRN ure rate. I am determined not to let his incarceration be- come a death sentence for our relationship. Here’s how: Michael Brandon Singley Richard Boxley EP-2753, GRN EL-5206, GRA Don’t live in shame: People in love with prisoners are Brian Thomas crazy — at least, that’s what the world believes. It is not my Terry Ray Chamberlain AY-7427, GRN job to make others feel ‘OK’ with the choices I make. What CL-6265, GRN others think of me and my decision to stay with my husband Stephen E. Treiber is not my business. I will not hang my head in shame. Michael Conforti FD-8026, GRN BQ-0537, GRN Have a support system: I’m still adjusting to this, James W. VanDivner almost nine years in. I surround myself with a strong Jermont Cox GY-6354, GRN support system. That goes a long away to keeping me CE-8242, GRA Ernest Wholaver, Jr. sane. I’m not afraid to ask for help. There are days when FY-3325, GRN I feel like I can’t carry on. In fact, I schedule at least two Jose DeJesus emotional breakdowns a month. But, my support system DS-0256, GRN Craig Williams loves and helps me. BX-9919, GRN Robert Anthony Flor Budget and plan: Loving an incarcerated spouse is GW-0422, GRN expensive. Bills such as postage costs, calls, visitation, GRA = SCI Graterford packages, and books add up quickly. I figure my normal Randy Todd Haag PO Box 244 monthly budget, then factor in prison expenses AK-7856, GRN Graterford, PA (distinguishing wants from needs), and plan, plan, plan. 19426-0244 The number one reason for divorce in free-world couples is Kevin J. Marinelli CT-9974, GRN GRN = SCI Greene money. Money concerns are an added stress we don’t need. 175 Progress Drive Keep love alive: One of the biggest challenges as a Kenneth Miller Waynesburg, PA prisoner’s wife is staying in love. Communication is the EC-6130, GRN 15370-8090 foundation of any relationship. It does the relationship a disservice to downplay my true thoughts. Letters and If you do not want your name published, send a letter to Graterfriends each year you do not want it to be included. calls are dates; I savor them. Each word and action is an Be sure to note your date of birth. offering of the heart. Being a prisoner’s wife taught me the art of courtship. Love is mental. Love is a commit- ment. I’m committed to having a boundless love, in spite of the boundaries. CROSSWORD SOLUTIONS Our relationship is under new management and re- Below are the solutions to crossword puzzles printed in this quires us to think outside the system. The only institu- issue and the previous issue of Graterfriends. tion that matters is our marriage. I expect to be in a rela- tionship, not a “prison relationship.” Living life as if the March 2012 April 2012 prison doesn’t matter is the only way to ensure we do not face life without the possibility of a strong, healthy, last- ing relationship. Reesy Floyd-Thompson is the founder of Prisoners’ Wives, Girlfriends, & Partners (PWGP). For more infor- mation about this group, please write Reesy at: PWGP P. O. Box 14241 Norfolk, VA 23518 4 The opinions expressed are of the authors and not necessarily those of Graterfriends or The Pennsylvania Prison Society.
  • 5. Graterfriends ― A Publication of The Pennsylvania Prison Society ― April 2012 Legislative Highlights Ann Schwartzman Policy Director, The Pennsylvania Prison Society The Pennsylvania General Assembly has been holding Appropriations Hearings to discuss budget items. They have also voted on several criminal justice bills in which you may be interested. This information is current as of March 15, 2012. BILL NO. DESCRIPTION CHIEF SPONSOR PPS POSITION PRINTER NO. HB 934 Requires everyone to show picture ID before they are Rep. Daryl Oppose PN 3166 allowed into a voting booth. This bill may impact indi- Metcalf viduals without driver’s licenses, including senior citi- R-Butler County zens, people who use public transportation, young peo- ACT 18 ple, and individuals just released from prison. (Passed House 6/23/11; passed Senate 3/7/12; Governor signed as Act 18, 3/14/12) HB 1352 Rep. T. Stephens Oppose Amends the Public School Code of 1949 by further PN 2227 R-Montgomery providing for background checks of prospective employ- County ees and the conviction of employees of certain offenses; ACT 24 collection of identifying information of students attend- ing institutions of higher education, and more. (Passed House and Senate 6/30/11; Governor signed as Act 24, 6/30/11) SB 1428 Rep. Kitchen Support Amends Title 18 (Crime and Offenses) of the Pennsylva- PN 1966 D-Philadelphia nia Consolidated Statutes, further providing for crimi- County nal history record information and expungement of non- violent offenses after maintaining a clean record for five years. (Referred to Judiciary 2/16/12) UPDATE ON THE VOTER ID BILL (HB 934) The Voter ID Bill (HB 934) has passed both the Pennsylvania House and Senate. Governor Cor- bett signed HB 934 into law as Act 18 of 2012 on March 14, flanked by Secretary of State Carol Aichele and Representative Daryl Metcalfe, the sponsor of the bill. This bill was opposed by a coalition of organizations led by Pennsylvania Voice, AARP, and the County Commissioners Association. Our concern is that thousands of Pennsylvania citizens will be deprived of their right to vote. Moving forward, lawsuits challenging Pennsylvania's Voter ID Law in an effort to block its im- plementation and have it overturned are expected shortly. We are seeing the same scenario in several other states that also passed similar legislation. You will hear more about these legal challenges in the future. Now, we need to educate the public about the new requirements for voting and work to ensure that every voter in Pennsylvania gets the documentation he or she will need in order to vote in the November and future elections. Groups are already coming together at the local, regional, and statewide levels to help make this happen, and we will all need to be a part of these efforts. 5 The opinions expressed are of the authors and not necessarily those of Graterfriends or The Pennsylvania Prison Society.
  • 6. Graterfriends ― A Publication of The Pennsylvania Prison Society ― April 2012 REPORT ON SMOKING IN PRISONS Think by Danielle Collins Graterfriends Editorial Assistant About It Editorial note: Due to the recent debate we’ve seen regard- “UPDATING THE STATISTICS” ing smoking in Pennsylvania’s prisons, we have researched by Paul Schlueter III, AY-8900, SCI Dallas the issue and printed this report for your information. Between 70 and 85 percent of prisoners smoke, com- pared to 20 percent of the American public. Smoking and In a New York Times opinion piece dated January 10, tobacco use have long been considered an inherent part 2012, A. Blumstein and K. Nakamura report that New of prison culture, but in the early 1990s, many states York reviewed the cases of 88,000 people, all first con- began to restrict smoking and tobacco use in prisons due victed in 1980, for subsequent recidivism. About 30 per- to concerns over healthcare costs for inmates. In 1993, cent of the first offenders never reoffended. Of the rest, the U.S. Supreme Court ruled that the incarcerated have the likelihood of individuals reoffending dropped to about a right to breathe clean, smoke-free air and that forcing what is expected of someone with no criminal record non-smoking inmates to live in smoke-filled prisons con- (“redemption time”), about 10 to 13 years. stitutes a form of cruel and unusual punishment prohib- ited by the Eighth Amendment. Their point is that people should be protected from dis- Currently, 46 out of the 50 states have indoor smoking crimination in jobs, housing, and licensing for five years bans, while 14 of those states ban tobacco products and after a misdemeanor and 10 years after a felony. After smoking on all prison grounds. These represent the most that, criminal records should be sealed from public access. restrictive policies for tobacco use in state prisons, and many more states seem to be following suit. Only four In the Justice column of The Atlantic (Jan./Feb. 2010), states do not restrict tobacco or smoking in state prisons: “Misfortune Teller,” Nadya Lahi writes about University Alabama, Missouri, North Dakota, and Mississippi. In of Pennsylvania professor Richard Berk, who has come Missouri, Senator Jim Lembke has proposed legislation up with a statistical algorithm for determining the risk to completely ban tobacco in all state prisons. of recidivism of prior offenders. He finds that the earlier When enacting an indoor/outdoor tobacco and smoking the first offense, and the later the most recent offense, ban, state prison officials typically announce the policy the more likely a person is to reoffend. Also, he finds that anywhere from six months to a year in advance. This gives the severity of a crime previously committed DOES NOT inmates and staff the chance to adjust without going “cold predict whether the offender will commit a violent crime turkey,” and to access smoking cessation support. When in the future; this suggests that the distinction between the Federal Bureau of Prisons went smoke- and tobacco- violent and non-violent offenders in parole decisions free in 2004, inmates and guards were offered smoking- should be re-evaluated. In fact, Berk set up a similar cessation programs, as well as nicotine patches. The algorithm system for Philadelphia in 2006, and has been patches were free to guards, but inmates were required to “working with” the Pennsylvania Board of Probation and pay for theirs. Often the cost of nicotine patches is prohibi- Parole for about two years. Berk claims his system is like tive, making the transition even harder for prisoners. a Ferrari compared to the LSI-R survey, a 54-question survey now used by Pennsylvania and many other states Florida implemented a statewide prison tobacco ban in to evaluate risk, which Berk compares to a Ford Focus. September 2011, and made nicotine patches available to However, critics worry that Berk’s algorithm still relies inmates for $34.99. Six months before enforcing the 2011 too heavily on prior record scores, which unfairly bias tobacco ban, prisoners and staff were informed that they results against African-American offenders, simply be- were going to gradually implement the new policy. Until cause they are over-represented among the sampling. the ban took effect, inmates were permitted to smoke dur- ing recreation time in designated areas to steadily wean themselves off of tobacco. Employees are currently permit- It is too soon to tell for sure whether Berk’s algorithm is ted to smoke in designated areas off prison grounds. a good thing or a bad one, and who will benefit the most. Pennsylvania officials are likely to be reluctant to consid- In implementing a successful tobacco ban, the Virginia er letting currently-unparolable lifers to benefit at all. Department of Corrections also took a gradual approach. Inmates and staff were informed a year in advance and had access to smoking cessation and nicotine replace- One thing is certain; real science requires not only peer ment therapy programs. In a February 6, 2012 email, review, but also replication of results through independent Director of Communications Larry Traylor shared some follow-up studies. Until these safeguards have been ap- plied, we should be wary about grand conclusions or policy (See Smoking, continued on page 12) decisions which may be based on premature findings. 6 The opinions expressed are of the authors and not necessarily those of Graterfriends or The Pennsylvania Prison Society.
  • 7. Graterfriends ― A Publication of The Pennsylvania Prison Society ― April 2012 Legal Chat Mailroom NEED HELP WITH PRISON PROGRAM PRISONERS FORCED TO MOVE TO VA. HAVE NO JOBS AFTER RETURNING TO PA. I’m writing to ask for help. I’ve been in the therapeutic community for eight months and was discharged for lack As of late, lifer inmates who were previously working of participation and not using house tools. I believe that in the Correctional Industries Shops at SCI Graterford this is not true and I don’t know what to do. Is there any- have been returning from Virginia. These inmates were thing I can do to be reinstated? I cannot say anything to transferred unwillingly to the care of the Virginia DOC change the minds of the staff or prison. I want to know if and were informed that upon their return, as long as anybody else is having the same problem, or has any they had not been cited for misconducts while temporari- advice. Now I might not be able to finish my carpentry ly in Virginia, they would be getting their jobs back. So class because of being discharged from the program. I far, that has not been the case. also have a problem with group speaking and they don’t look at this problem. Any help is appreciated. They have now been told that lifer inmates WILL NOT be given their old jobs back in the Correctional Indus- Terry Graham tries Shops that they had been removed from as a result JG-2267, SCI-Fayette of being unwillingly transferred and taken to Virginia. Not only are they losing their former jobs, but they are more or less being punished unfairly. CELL EXTRACTIONS And not to pick on the non-lifers that were also relocat- ed, but the returning non-lifers ARE getting their previ- ous jobs back with Correctional Industries, as long as On January 25, 26, and 27 of 2012, SCI Albion per- they did not engage in any type of misconduct in Virginia. formed approximately 30 cell extractions. What triggered these was a corrections officer (CO) slighting a man who I find this situation totally unfair and I hope that this has a great many friends. The CO in question has a loss of job is corrected and rectified for the good of those shady past at another facility, and was reportedly trans- who did not deserve to lose their jobs and were informed ferred here for a fresh start. For some reason, the CO initially that they would not. said the man threw an RHU shoe at him during a strip James R. Cruz search for a trip to the law library. This was false; no CL-1798, SCI-Graterford such assault took place. In fact, the man was only two days away from completing his solitary confinement time, plus he had no motive to attack. RE: “HEY, WHAT ABOUT US?” As further punishment, each extractee was placed in the restraint chair for at least four hours in a suicide Back in August 2011 (Our Voices column), I wrote a smock. One man has endured some ten days in the chair. letter entitled, “Hey, What About Us?” The article was The staff put this chair in the main RHU hallway, like a for long-term incarcerated men — men looking for help trophy of their hard work. Once time is up, the still- and programs that will provide them with assistance. smocked man is placed in a cold Albion cell with no blan- Upon further digging for answers, I found that I could ket, mattress, pillow, or even toilet paper or soap. SCI contact the Bureau of Treatment Services in Harrisburg Albion RHU would have less than half the problems and and answers could be found there. grievances it does if the on-site administration, superin- tendent, and deputies would make rounds as done in Finally, I received a reply from Keith Fenstemaker, other facilities. If the superintendent and/or one deputy Treatment Programs Specialist, Bureau of Treatment superintendent would make weekly rounds, many issues Services. He wrote: would be resolved. “The Pennsylvania Department of Corrections is cur- rently piloting a long-term offenders program at several In closing, the unity I witnessed shocked me, as every- of our facilities across the state. After the pilot program one is normally out for themselves only. I urge all read- is complete, there will be a determination if the program ers of this story to please cut it out and ask family mem- will be offered on a larger scale. We are optimistic the bers to send it to the governor and the media. Together program will do well and are anticipating that it will be we can right all these wrongs. made available to more facilities.” Darren Gentilquore GX-1572, SCI Albion (See Mailroom, continued on page 8) 7 The opinions expressed are of the authors and not necessarily those of Graterfriends or The Pennsylvania Prison Society.
  • 8. Graterfriends ― A Publication of The Pennsylvania Prison Society ― April 2012 I’m asking that if anybody knows of this pilot program sion. I crashed and burned after several telephonic hear- at their facility, please let it be known and explain exact- ings before Judge Ember S. Jandebuer. Although sympa- ly what the inner-workings of this program are. thetic to our cause, she dismissed the case for not stating a claim, all of which I reported here in Graterfriends. Kevin Coleman AJ-2978, SCI Fayette I then followed this attempt up with dozens of letters to everyone I could think of. Two things are noteworthy of the effort. First, John Shaffer, Ph.D, in the Office of Ad- MY RESPONSE TO SMOKING ISSUE ministration within the DOC, gave me a breakdown on the funds collected for the use of the phones. In a letter There must be a compromise. If you don’t like to smell that I have to this day, he said “eight million dollars” smoke on someone, or smoking period, don’t cell up with were collected. Of that, the Inmates General Welfare someone who smokes. If the person is smoking outside, Fund received “three million” and the remaining “five come on! It is the only place we can smoke without get- million” was put into the State General Fund. Who else ting a write up. has a problem with this? Smokers and non-smokers have rights. Smokers have Second, I used the Freedom of Information Act to get the right or privilege to smoke, and non-smokers have what I could about the Inmates General Welfare Fund the right to clean air inside. However outdoors is a public and its charter with the DOC and State. Guess what I area. I haven’t heard any bans on smoking outdoors ex- found? The people that handle these funds cannot be cept at bars and restaurants. People smoke to enjoy it, audited by State auditors, only in-house audit staff! relieve stress, or because they are ADDICTED. As pris- What a racket that supports John’s words! oners we have no right to tell other prisoners what to do. There are many other issues more important than What I’d like is information on what has happened to fighting about smoking. HR 4466, known as “The Family Telephone Connection Protection Act of 2005.” During our fight, it was stuck in Indoors, technically, our cells are our homes. We sleep the Committee on Energy and Commerce. I fear that, as there, sometimes eat there, and go to the bathroom always, something worthy fell between the cracks and there. If you are complaining about the ventilation sys- these monies were put in the hands of those who don’t tem, allow smokers the ability to buy filters to place on deserve it. It’s our money that could go to much needed the vents. Besides, the air we breathe in the cells is not education. I ask anyone with information concerning this 100 percent pure, either. Allow smokers to buy ashtrays subject to please contact me. I really appreciate it. which eat smoke (which they do make), or air purifiers. Jeffery Neal Saxberg I understand that smoking in government buildings is DX-5126 against the law, but also where you sleep or live is your P.O. Box 200 home. Would you want someone telling you what to do in Camp Hill, PA 17002-0200 your own home? Brothers and sisters, prison life is hard enough without Editorial Note: Research done by the Pennsylvania Pris- fighting each other over minor issues, like smoking. What on Society has led us to believe that the last action re- about parole, over-crowding, prison wages, commissary garding HR 4466 was referral to the Committee on Ener- prices, and equal treatment of prisoners as human be- gy and Commerce. Anyone with any further information ings? Positive, effective change can only come about if is asked to contact Mr. Saxberg or the Pennsylvania Pris- people are willing to set aside differences and come to- on Society. Thank you. gether, willing to learn, understand and have compassion for each other. Thank you, and God bless you. When submitting a letter or Jesse Keith Blough HQ-7572, SCI Albion column to Graterfriends for publication, please remember to STILL FIGHTING THE PHONE SYSTEM attach a letter (or note on your submission) that it is for In the February issue, Mr. Yount brought up what he called a “socially regressive commission on Pennsylvania publication and that you are inmates and their families.” I mention this because those the original author; date and of you that have been around for a minute should re- member his fight with the then T-Netix phone system. sign the declaration. In late 2005 and early 2006, I picked up the torch and Thank you. filed my own complaint with the Public Utility Commis- 8 The opinions expressed are of the authors and not necessarily those of Graterfriends or The Pennsylvania Prison Society.
  • 9. Graterfriends ― A Publication of The Pennsylvania Prison Society ― April 2012 IN RESPONSE TO MR. TERRY GRAHAM’S the commonwealth through the use of these release INQUIRY REGARDING SB 1161 mechanisms for geriatric prisoners alone. But, in the hue and cry for these needed reductions, where does the Board of Parole and Pardons stand on these issues? They Thanks to Graterfriends reader Dana Lomax Williams seem to be the greatest hindrance to these necessary re- (OP-2742, SCI Muncy), we have news to share regarding ductions. The common person would think they’d have a Senator Greenleaf’s SB 1161. Ms. Lomax found infor- moral obligation to help the state reduce the budget in mation in our November 2010 Graterfriends (Legislative this crisis situation. They seem to get a free pass for not Highlights) indicating that this bill was passed, becom- doing their part to help. ing Act 95 on October 27, 2010. The information about the law is below: Where are the voices calling for those over at the Board of Parole and Pardons to act? There is silence from the “The Prison Reform Bill of 2010, sponsored by Senator politicians, DOC officials, the press, the governor, the Greenleaf, has undergone several revisions due to numer- prison population, our family members, faith-based ous amendments. Although the bill is quite different from groups, and prisoner support organizations. Silence eve- the original version…it provides provisions that will im- rywhere! No one is calling for these gate-keepers of free- pact programs, policies, and populations in corrections, dom to act in the best interest of the state in this crisis parole, and other criminal justice agencies. The new law situation. calls for adoption of risk assessment tools, sentencing guidelines for state intermediate punishments, evalua- Together, we can change this. There is a solution for tion of boot camps and state intermediate punishments, returning released citizens safely back into the communi- confidentiality of victim information, distribution of pro- ty. To find out what you can do to help, write to me: ceeds from inmate labor, use of evidence-based practices in parole decisions for better reentry coordination, gradu- James Taylor ated sanctions for technical parole violators, conditions of AF-4120 parole to include drug screenings of parolees regardless of PO Box 244 offense, omitting program non-completion as a reason to Graterford, PA 19426 deny parole, notification requirements for certain offend- ers going to group homes in certain counties, and more.” We thank Ms. Williams for sharing this information. SCI CAMP HILL DAY OF RESPONSIBILITY, Mindy Bogue SATURDAY, FEBRUARY 25, 2012 Graterfriends Managing Editor Editorial Note: This article was featured in “Monthly In- mate News,” a newsletter from SCI Camp Hill. It was sub- mitted to us by Harry Twiggs, AF-3025, SCI Camp Hill. A GLARING CONTRADICTION On Saturday, February 25, 2012, the Activity Depart- Somebody, please tell me if the following makes sense: ment hosted a daylong event entitled, “A Day of Respon- According to political figures and high-ranking DOC offi- sibility.” It was held from 9:00 a.m. to 4:00 p.m. Over 125 cials, the State of Pennsylvania is facing an economic CDCC and GP inmates attended the event. crisis and needs to reduce its prison population “out of necessity” as a cost-saving measure. Clearly, the state The day was organized and planned with input from has in parole, pre-release, and the commutations process, inmate Harry Twiggs and a committee, along with a for- three release mechanisms available to achieve any level mer employee, Ms. Cathy Sabatino, overseeing the event. of reductions it wants. After opening remarks by Harry Twiggs and Ms. Sabatino, three guest speakers (Ms. Lynn Shiner, Karen Laird, and The Board of Parole and Pardons, as the gate-keepers Destiny Brown) shared their experiences of the impact of to freedom or continued imprisonment of the Common- crime on their lives. After a lunch break, the inmates were wealth, can independently evaluate and release people as divided into small groups and rotated among subjects such they see fit. But, for too long, a genuine show of mercy as responsibility, confession, repentance, forgiveness, rec- has been absent from the Board of Pardons. There are onciliation, restoration, amends, and health. hundreds of release-worthy candidates in the state: men and women who, once granted their freedom, would nev- The main guest speaker for the day, Mr. Jonathon er come back. This is especially so among geriatric pris- Queen, an ex-offender, ended the day with an insightful oners, many of whom have served more than 30 years. and inspirational talk on the “hows and whys” of a re- sponsible life. The “powers that be” could make much better use of such people. They are qualified to make contributions to Before ending the day, all the inmates recited and signed a public safety upon release. Instead, this untapped hu- pledge to take responsibility for their past, present, and fu- man potential is allowed to waste away needlessly, sub- ture actions and to make a difference in their communities. ject to a conviction turned into a cruel sentence of death A “Thank You” is extended to all the staff and inmates by lethal incarceration. When is enough enough? who worked so hard to make this “Day of Responsibility” Tens of millions of tax-payer dollars could be saved by a huge success. 9 The opinions expressed are of the authors and not necessarily those of Graterfriends or The Pennsylvania Prison Society.
  • 10. Graterfriends ― A Publication of The Pennsylvania Prison Society ― April 2012 purchase cards from the prison commissary.” Our Voices My second personal challenge followed just days later. Three approved phone numbers on my phone list suddenly, without notice were inaccessible. The three numbers were all local Erie 814 numbers that my brother and two sisters obtained through a service called Google Voice. In short, Google Voice is a service that allows individuals to assign STICK TO YOUR MISSION additional phone numbers to an already existing land or cellular phone line, at no cost. For a year I was able to en- by Joshua Michael Uhrich, HS-4335, SCI Albion joy calling my siblings weekly, at a rate of $1.69 per 15- minute phone call, as it was financially feasible. Now, that As we entered 2012, I reflected on two DOC challenges opportunity is nearly a financial impossibility because a 15 I faced just prior to the Christmas season. Then, when I -minute long distance call is at least $6.00. Eventually, the most recently learned of a certain change in DOC policy, DOC removed all Google Voice phone numbers. all mere reflection was translated into a motivation to act. I felt obliged to put pen to paper. Most recently the Pennsylvania DOC discontinued one day of inmate visitation every month due to a cost saving My first challenge was as follows. For Christmas 2010. initiative. It was this most recent issue that compelled I sent out 75 cards—nearly all purchased from the com- me to expose the Pennsylvania DOC’s hypocrisy. missary—to family and friends. This year, to be more thrifty, I asked my parents to send me 50 blank Christ- The DOC’s mission statement in part reads: “The mis- mas cards from their wealth of extras. After I did not sion of the Pennsylvania Department of Corrections is… receive the package for a week, my father investigated. to provide opportunities for inmates to acquire… values He called the SCI-Albion mailroom and spoke with a necessary to become productive law-abiding citizens…” gentleman—probably the mailroom supervisor. The DOC One such value for successful and productive reintegra- employee informed my dad that the package was confis- tion into society is maintaining—or forming—a healthy cated by the mailroom because inmates are not permit- support system while incarcerated. Research has proven ted to receive “unsigned cards.” After my dad asked what that those who upon exiting the DOC’s custody are sur- safety/security risk is associated with unsigned cards, the employee responded, “Well, we prefer that inmates (See Mission, continued on page 14) DO YOU KNOW ABOUT THE UNIFORM went through our paperwork page-by-page, looking for COMMERCIAL CODE (UCC)? UCC information. So, naturally, I inquired as to why they were so interested in confiscating this information. by Dominic Hershey, JM-5721, SCI Somerset One of the COs went on a brief rant about how inmates were trying to use this information to put liens on peo- A few years ago, I was introduced by a friend to the ple, they’re clogging up the courts with frivolous motions, world of “The Uniform Commercial Code”. At the time, and they don’t know that this is pertaining to corporate there was a wealth of information in our institution. Fas- law and has nothing to do with us. At which time the cinated, I studied night and day for months. Aside from other officer stopped him and said, “hold on now, I have the initial shock of the material and its claims, I was a friend in Oregon who is sovereign; he has no birth cer- equally puzzled as to how this “taking back of one’s tificate, no social security card, no license; doesn’t pay TRUE freedom” could exist without the public as a whole taxes or anything!” taking advantage of it, or even being aware of it! I surely This was confirmation for us that the information, at had never, in my 35 years, heard of it! So, of course, I least in part, was valid. Several days later I was told grew skeptical. that someone, using this sort of information, had put a Then, on an otherwise normal day, a war was waged, lien on then-Secretary of the DOC Jeffery Beard, and and it had become obvious that either we were already that is what spurred the war on this information. Also, being watched, or someone on the block was informing to my knowledge, all commercial and maritime law security who had this information. There were three books, as well as anything pertaining to the UCC have shake-downs that day. All three cells belonged to my been removed from our law library! Correct me if I’m comrades, who also had UCC information in their cells. wrong, but isn’t that denying us access to the courts? It was obvious that the COs were there solely for our And isn’t that my right under the 14th Amendment? paperwork. It’s not what we might do with the material; it’s wheth- After having my paperwork taken, I was escorted to an empty dorm area along with my cellie, where we were informed to stand by while one of the security members (See UCC, continued on page 14) 10 The opinions expressed are of the authors and not necessarily those of Graterfriends or The Pennsylvania Prison Society.
  • 11. Graterfriends ― A Publication of The Pennsylvania Prison Society ― April 2012 together, or were married and dated each other. And they have the audacity to talk about the inmates. The Pssst… nerve. If we go in front of the hearing examiner, we are doomed if we do not have four legs. She loves the pup- Pass the Word pies here in the puppy program. I have never been a problematic inmate, like so many others here. However, because I grieved a particular staff member for discharging me from a program with- SOUND OFF! out a legitimate reason, they had it in for me. This indi- by Dana Lomax-Williams, OP-2742, SCI Muncy vidual happened to be very good friends with Kerrs- Barr. Let’s just say, after I was paroled, this individual We here at Muncy’s Women’s State Penitentiary are made sure that the hearing examiner punished me se- elated to know that Representative Ronald Walters verely for something that truly didn’t warrant such stated that the U.S. Justice Department’s Civil Rights harsh punishment. Due to me going to the hole, my re- Division is opening a federal probe of Pennsylvania’s lease was delayed by two years. prison system, and that it will eventually cover all the Unfortunately, the staff can call the hearing examiner state prisons. Many women are very hesitant about and either plead on our behalf, or ask for us to be cruci- speaking out about the sexual harassment due to retali- fied. She’s judge and jury. Well, it’s about time someone ation, especially with these lengthy sentences. Who will spoke up and sounded off. There are numerous issues protect them? that need to be exposed, and this is just the beginning For one thing, we are in dire need of an unbiased, bo- many. I have nothing else to lose, but I am speaking out na fide, certified hearing examiner. Kerrs-Barr (our for all my sisters that are imprisoned by their fear of hearing examiner) gives out state sentences with the retaliation. We need an outside advocate. Changes must help from and under the influence of her friends, who be made here. Look for more from me speaking out and are usually the ones who wrote you up. How do I know? sounding off. So glad you asked. From experience. Many of the em- ployees here either grew up together, went to school Thank you. AN IMPORTANT CASE as “an accomplice.” Under Pennsylvania law, one is an accomplice if, “with the intent of promoting or facilitating by George Rahsaan Brooks-Bey, AP-4884 SCI Frackville the commission of an offense,” he or she either “solicits such other person to commit the offense or the crime” or The third circuit court of appeals recently overturned a “aids or agrees or attempts to aid such other person in first degree murder conviction in the case of Johnson v. planning or committing [the offense].” (See Everett v Mechling, No. 08-2477. Johnson argued that the evidence Beard, 290 F3d500, 512 [3d cir. 2002]; Commonwealth v. to convict him was insufficient to support the conviction. Cox, 863 A. 2d 536, 551 {PA. 2004].) The court set out by applying the established federal standard by the U.S. Supreme Court in Jackson v. Vir- The Third Circuit ruled Johnson’s conviction “did not” ginia, 443 U.S. 307 (1979). (“The Constitution prohibits survive the due process challenge because the “state rec- the criminal conviction of any person except upon proof ord” did not contain sufficient evidence to permit any of guilt beyond a reasonable doubt of each element of the reasonable fact finder to conclude that Johnson, as an offense.”) However, “a properly instructed jury may occa- active partner, shared intent with his co-defendant to sionally convict a person even when it can be said that no commit murder or that Johnson acted in such a manner rational trier of fact could find guilt beyond a reasonable as to encourage or facilitate the murder. (See, Smith v. doubt (Jackson at 318). A reviewing court must deter- Horn, 120 F. 3d. 400, 410 [3d cir. 1997].) The Court ruled mine “whether, after viewing the evidence in the light that Johnson “was not the shooter and that securing a most favorable to the prosecution, any rational trier of first-degree murder on accomplice liability where shared fact could find the essential elements of crime beyond a intent is involved,” is no easy task. (See Commonwealth reasonable doubt” (Jackson at 319). This standard must v. Raymond Johnson, 966 A2d 523, 543 [PA 2009]; Com- be applied with explicit reference to the substantive ele- monwealth v Murphy, 844 A. 2d 1128, 1238 [PA. 2004].) ments of the criminal offense defined by state law. The The Court ruled it is essential “that there be a logical Court looked to Pennsylvania law only to establish the and convincing connection between the facts established elements of the offense. They then turned to the “federal and the conclusions inferred. Put another way, the differ- question” of whether the Superior Court was objectively ence between an inference and a speculation is that an unreasonable in concluding that sufficient evidence sup- inference is a reasoned deduction for the evidence; a ported Johnson’s convictions. speculation is a guess.” (See Commonwealth v. Konz, 402 A. 2d 773, 788 [PA. Super 2003].) Pennsylvania statutes define murder as an “intentional killing.” Johnson was found guilty of first-degree murder (See Important Case, continued on page 13) 11 The opinions expressed are of the authors and not necessarily those of Graterfriends or The Pennsylvania Prison Society.
  • 12. Graterfriends ― A Publication of The Pennsylvania Prison Society ― April 2012 Occupy Philly, continued from page 2 Smoking, continued from page 6 funded, to a significant extent, both basic and higher edu- of the secrets of Virginia’s successful policy. Wrote Tray- cation in Pennsylvania, while continuing to build prisons. lor: “The effects were minimal because almost all Virgin- ia jails had already eliminated tobacco products prior to America has the highest persons per capita incarcer- this ban so inmates coming from local and regional jails ated in the world, exceeding even China and Russia. were already tobacco free prior to coming into the state “We have more frivolous laws that require prison sen- system.” Additionally, Virginia prisons implemented a tences than any other country in the world, including “step down” program for inmates and staff using a curric- rogue dictatorial states. We have become a country ulum developed by the National Commission on Correc- where the prison industrial system has taken control, tional Health Care (NCCHC). Penalties for violating the our answer to everything has become, ‘put them in tobacco ban will not be as harsh as other infractions, and prison,’” said Danielle Finger, artist and political ac- will be cited as administrative offenses that lead to loss tivist with Occupy Philly. of privileges but not criminal prosecution. “There are so many problems that feed into the prison Many familiar with state prisons have warned that ban- industrial complex in Pennsylvania, but the injustice ning smoking and tobacco products will only serve to in- becomes clear when the state spends more on prisons crease violence in prisons and turn the items into contra- than it does on schools,” said Nate Kleinman, a human band. Since implementing a tobacco ban in March 2009, rights activist in Philadelphia. “This is just a disaster. Ohio officials have noticed an increase in violence and are If we spent more money on educating our young we investigating to discover the cause. Gary Mohr, Director of wouldn’t need as many prisons. Most crimes committed the Ohio Department of Rehabilitation and Correction, are committed by desperate people — stealing something expressed concern over the rise in violence in Ohio prisons to pay a bill, or feed an addiction — and they don’t have and stated “Tobacco has become a currency that’s used in the education to get the few jobs that free trade has left our prisons.” There have been incidences of guards smug- us with.” gling and selling cigarettes, but such events are rare in proportion to the number of state prison employees. More than 70 percent of Pennsylvania’s prisoners come from minority communities, and 99 percent of them are Pennsylvania’s policy, effective September 11, 2008, is from poor communities. The solution is simple: educate consistent with the Clean Indoor Air Act, which prohibits our young people, bring jobs to the state. Don’t hinder smoking in a public place. Smoking is permitted only in designated outdoor areas, and staff and inmates who smoke are offered resources pertaining to smoking cessa- We have more frivolous laws that tion. Additionally, the Inmate General Welfare Fund has require prison sentences than any funding available to facility managers for smoking cessa- tion programs. other country in the world. In deciding whether to begin a smoke and tobacco free policy, officials must weigh a number of concerns and companies with out-of-date over regulation, but imple- considerations to make an informed decision. This in- ment smart regulations that take business, the environ- cludes balancing concerns over inmate health with ques- ment, and — most importantly — people into account. tions of whether inmates have a right to smoke. It also If you want to lower the state budget in this “time of involves careful planning, as ending a nicotine habit economic crisis,” lower the prison population and put the “cold-turkey” can be dangerous and terribly unpleasant. right people in jail, such as violent offenders. Apply fair Nationally, it appears that banning smoking is becoming prison sentences appropriate to the crime instead of the norm, and many state prison systems are eager to three-to-seven years for a crime of omission, or a two-to- get on board. four-year sentence for a drug problem. References: 100% Smokefree Correctional Facilities. Issue brief. American Non- We need to depopulate our prisons and repopulate smokers' Rights Foundation, 2 Jan. 2012. Web. 17 Feb. 2012. <http:// our schools! www.no-smoke.org/pdf/100smokefreeprisons.pdf>. Blitstein, Ryan. "Smokers Behind Bars Can Quit, Too." Miller-McCune. 18 Dec. 2008. Web. 17 Feb. 2012. <http://www.miller-mccune.com/health/ smokers-behind-bars-can-quit-too-4060/>. Have you read the recent report Fitzgerald, Sandy. "Tobacco Ban Might Be Igniting Ohio Prison Vio- lence." Newsmax.com. 23 Jan. 2012. Web. 17 Feb. 2012. <http:// about children of incarcerated par- www.newsmax.com/TheWire/prison-violence-ohio/2012/01/23/id/425101>. ents? If you want to learn how we Gardner, Amy. "Cigarette Ban Being Implemented in Va. State Pris- can help these “invisible victims” ons." Washington Post. 16 June 2009. Web. 17 Feb. 2012. <http:// www.washingtonpost.com/wp-dyn/content/article/2009/06/15/ of incarceration, go to: AR2009061502330.html?nav=emailpage>. www.prisonsociety.org and click on "Maxwell Muff Et Al. v. Terry Collins Et Al." Web. 17 Feb. 2012. Zoroya, Gregg. "Smoking Bans Spread to Prisons." USATODAY.com. the “What’s New?” page. 21 July 2004. Web. 17 Feb. 2012. <http://www.usatoday.com/news/ nation/2004-07-21-prison-smoking-usat_x.htm>. 12 The opinions expressed are of the authors and not necessarily those of Graterfriends or The Pennsylvania Prison Society.
  • 13. Graterfriends ― A Publication of The Pennsylvania Prison Society ― April 2012 Announcements Literary Corner Preserving Your Claim Under the Prison KANGAROO COURT Litigation Reform Act (PLRA) is a new docu- ment that was recently sent to all of Pennsylvania’s state By David Lusik, CQ-3760, SCI Forest  prison libraries. It was written by Alex Rubenstein, 2012 Candidate for J.D. at Rutgers School of Law-Camden. It As I lay awake on my bunk waiting to got to court, is intended to provide some background information on I had a vision of court jesters and barristers, the PLRA, and also explain how the law impacts court all disguised even to the eyes in fraud, claims filed while in jail or prison. Additionally, this pamphlet explains how to properly follow the grievance then came the judge in her polka dot robe that looked process employed by the Pennsylvania Department of like a dress, Corrections, in order to help protect any claims you may what a masquerade a real kangaroo court. bring relating to prison conditions from being dismissed Next came Tyranny, for failure to exhaust administrative remedies. Even for Here ye! Here ye! Here ye! claims that are not affected by the exhaustion require- This court is now in session! ment, this pamphlet should serve as a helpful tool for The evil prosecutrix called her first witness, correctly filing grievances. A fat clown who left me panic stricken, I felt like Alice falling down the rabbit hole in wonder- land, Beccaria: A Chapbook Anthology by Aja Beech is once again available, for a limited time. To or- Then came the verdict of anarchy’s tempestuous cry, der a copy, prisoners may send a check or money order Guilty, guilty, Guilty, on all charges, for $5 to: My poor mother fainted, My sister cried, Aja Beech I picked myself up and told the judge give me liberty or 2445 Coral St. give me death, Philadelphia, PA 19125 The lone old hag laughed and snarled, She declared, I am the Queen, God and the law of this land, Life Support for Women with an Take this scoundrel off to jail forever! Incarcerated Loved One is a new support group for women looking for a safe place to share feelings and concerns about incarcerated family members. The group meets the second Tuesday of every month, from 4:00 p.m. to 6:00 p.m., at the Pennsylvania Prison Society: 245 N. Important Case, continued from page 11 Broad Street, 3rd Floor, Philadelphia, PA 19107 (Race-Vine station, across from Hahnemann Hospital). For an inference to be reasonable, it “must flow from facts and circumstances proven from the record, and For more information: must be of such volume and quality as to overcome the Mason Barnett, 215-564-6005, ext. 106 (Prison Society) presumption of innocence and satisfy the jury that an Desiree Cunningham 215-758-5877 (Support Group accused one’s guilt is beyond a reasonable doubt.” A rea- questions only) sonable inference is one where the facts must flow from inferences, not conjecture, speculation or suspicion. Infer- ences must be reasonable and establish a prima facie We seem to have a gap between case of criminal culpability; anything less rises no higher our cherished ideals about than “guess work.” (See Commonwealth v. Wodjak. 466 A. 2d 991, 996 [PA 1983].) justice and the realities of the Lorenzo Johnson (who has written articles in prison environment. Graterfriends about his actual innocence) is black, poor —Nicholas deB Katzenbach, and happened to be on the scene when the crime oc- former U.S. Attorney General curred. Mere presence has “never been a crime,” but that’s not how an all-white jury saw it. 13 The opinions expressed are of the authors and not necessarily those of Graterfriends or The Pennsylvania Prison Society.
  • 14. Graterfriends ― A Publication of The Pennsylvania Prison Society ― April 2012 Mission, continued from page 10 Save the Date! rounded by a spouse, close family members, and/or friends are most likely to succeed in home and communi- ty environments. The 225th Annual Blank Christmas cards, reasonably priced phone calls, and daily visitation: all three directly affect inmates’ Business Meeting systems of support. Inmates’ support systems directly affect inmate values and the success rate of reintegra- 11:00 a.m., May 8, 2012 tion into society. The DOC should be applauding the fact that prisoners have family members who can help their incarcerated loved ones send special cards to other fami- To be held at ly and friends. The DOC likewise should be praising The Defender Association inmates for finding a legitimate, legal service that helps them call family and friends at a reasonable cost. The of Philadelphia DOC should be adding days and hours to allotted visita- 1441 Sansom St. tion times in order to accommodate family connection. Instead, the DOC implicitly is discouraging and jeering Philadelphia 19102 at these inmate-initiated attempts at rehabilitation. Shame on you, Pennsylvania DOC, for not adhering A light lunch will be served to your mission statement. C’mon… you can do better. after the meeting. Please RSVP to tspence@prisonsociety.org or 215- 564-6005, x116 UCC, continued from page 10 er or not we have the right to possess these materials. Has anyone heard of the right to bear arms? Yeah, we Later in the day we will be celebrat- might shoot someone with the gun we buy and possess; ing 225 years of service. Please nevertheless, we have the right to it. So, at this point, I would like to know what is being done about the prohi- watch for your invitation to this tick- bition and confiscation of said legal materials. Does eted event or check our website for anyone have anything in front of the courts? I would more details. like to know the status of any action being taken, and if there is any class action, if I can be named as a plain- tiff, and how. SUBSCRIPTION INFORMATION Support our mission and become a member! Receive Graterfriends and Correctional Forum for: Make a check or money order payable to $5 Prisoner $200 Patron The Pennsylvania Prison Society $10 Prisoner Family $250 Sponsor 245 North Broad Street, Suite 300 Student $500 Founder Philadelphia, PA 19107 $40 Regular Membership $1,000 1787 Society $100 Friend of the Society Prisoners may pay with unused postage stamps. Are you a prisoner who just wants Graterfriends? You may subscribe just to Graterfriends for $3. Name _________________________________________ Prisoner Number _______________ Institution _________________________________ Address ______________________________________________ City _______________________________ State _______ Zip ________________ Payment Amount _____________________________________ Payment Method _____________________________________________________ NEW SUBSCRIBERS: Please allow 6-8 weeks for receipt of your first issue. 14 The opinions expressed are of the authors and not necessarily those of Graterfriends or The Pennsylvania Prison Society.