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Graterfriends ― A Publication of The Pennsylvania Prison Society ― May 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 5              www.prisonsociety.org  www.facebook.com/PennsylvaniaPrisonSociety                                             May 2012



                 Disadvantaged Children to Disadvantaged Adults
                                             by John F. Nole, AF-0346, SCI Graterford


  Many juveniles who came through the Juvenile Court                          Too many children of the indigent remain low priority
system, were bound to stand trial as adults, and received                   on the scales of equal treatment, most particularly when
life sentences, may have experienced abuse by the sys-                      they are the children of the disenfranchised.
tem without their knowledge. Violations of their consti-
tutional rights may have been the primary reason they                         If equal justice is being graded on a curve, it appears to
entered into an adult criminal system while still chil-                     be downward, where unprotected children are not so-
dren. Many, due to the introduction of illegally obtained                   phisticated enough to understand what rights they are
confessions, became witnesses against themselves. Often                     forfeiting without adult guidance.

                                                                              Children, who, under the law are in infant status, may
Too many children of the indigent                                           never have been provided the protection of being a child.
remain low priority on the scales                                           Behind closed doors, away from the public eye, with the
of equal treatment.                                                         courts in consort, attorneys and prosecutors are allowed
                                                                            to perpetuate judicial rape.

ignorant of juvenile procedures and law, attorneys were                       Failing to champion equal justice for all children, even
ill-prepared to provide adequate and meaningful repre-                      those who commit serious crimes, only fuels a fire of dis-
sentation to their child clients, and waiver proceedings of                 parity and widens the gap of unfair and unequal protec-
the juvenile courts merely went through the motions.                        tion. Can we continue to allow the constitutional protec-
Lawyers were allowed to abandon their clients before                        tions of our most vulnerable citizens, our children, to be
hearings even began. Abandonment by counsel left ap-                        ignored? The answer should be NOT AT ALL.
peals of procedural and statutory violations routinely
unchallenged and unpreserved.

  Equal protection of the law is supposed to require judges
to adhere to and apply the principle of the law to every-                                              In this Issue
one fairly; however, this is not the reality. Where chil-
                                                                             From the Editors, News ................................................. 2
dren are at issue, they are often taken into custody, in-
terrogated by police, and statements taken and used                          Our Voices, Spotlight ..................................................... 3
against them. In far too many instances there are no                         Mrs. GE-6309 Time, Birthdays, Crossword Solutions.. 4
adults or legal guardians ever present. In instances of                      Legislative Highlights .................................................... 5
children being arrested, parents are supposed to, and
should always be contacted, yet such treatment and                           Legal Chat ...................................................................... 6
practices remain visibly absent in the treatment of mi-                      Mailroom .....................................................................7-9
nors accused of serious crimes.                                              How to Return to State Prison from County Jail ..10-11
                                                                             Think About It, Pass the Word .................................... 12
  There are no advocates to retrieve these children’s
rights against such abuses. For those who were disad-                        Literary Corner ............................................................ 13
vantaged by the legal process, the care is in spirit, but                    Graterfriends Order Form, Announcements ............... 14
produces nothing in practicality. LWOP (Life Without                         Crossword ..................................................................... 15
Parole) has been the fate of too many children. Are those
                                                                             “The Last Word” by William DiMascio........................ 16
poverty stricken youth the exception to equal justice and
equal protection?

                                                                        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 ― May 2012




                       From
                    the Editors                                                                        News
  While we at the Prison Society have been busy plan-                             PUBLIC HEALTH AND CRIMINAL JUSTICE
ning our 225th anniversary of advocating for social jus-                                ISSUES OFTEN INTERSECT
tice, we continue to offer help and programming to those
who need it — prisoners, former prisoners, and their                               by Mindy Bogue, Graterfriends Managing Editor
families and communities.
                                                                               “If we don’t provide ex-offenders with the opportunity
  We recently held an informative public forum about                         to have housing, how can we expect them to succeed?”
the intersection of public health issues and criminal jus-                   asked John Wetzel, Secretary of the Pennsylvania De-
tice issues. It’s not a subject that is often talked about,                  partment of Corrections at the recent public health pan-
but we found that without help from public health insti-                     el: The Nexus Between Public Health and Criminal Jus-
tutions, ex-prisoners can find reentry into society very                     tice. Along with Secretary Wetzel, the 200 attendees also
difficult. Some of the findings from that forum, where                       heard from Estelle Richman, Acting Deputy Director for
Secretary John Wetzel was a keynote speaker, may be                          the U.S. Department of Housing and Urban Develop-
found in the article to the right.                                           ment. A panel of five specialists on the subject of public
  Dante Overby of SCI Rockview has written a very help-                      health also made remarks based on the keynote speeches
ful pamphlet for people who were sent to county jails                        and answered questions from the audience. The event
from state prisons. He is one of a few who was able to file                  was presented by the Public Health Initiative of the
the correct paperwork to allow for his return to a state                     Pennsylvania Prison Society.
institution. We have reprinted the information on pages                        Public health and criminal justice are rarely mentioned
10-11; perhaps it can also help some of you.                                 in the same sentence. However, Amalia Isaa, Ph D, of the
  The Pennsylvania General Assembly was in recess when                       University of the Sciences stated, “Criminal justice in
this newsletter was published, but recently a hearing took                   the manner it is currently carried out is a health issue in
place regarding Senator Greenleaf’s SB1153, tackling                         its own right.”
changes to the Post Conviction Relief Act (PCRA). See                            Facts that were highlighted in the session include:
Legislative Highlights on page five for details.
                                                                                  25 percent of former offenders are homeless upon
  Don’t miss Executive Director William DiMascio’s col-                            their release Their death rate is highest in the first
umn on page 16. He writes about the evolution (or devo-
lution) of the commutation process in Pennsylvania.                                          (See Public Health, continued on page 13)



                                                                             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 ― May 2012




                   Our Voices                                                                                   Spotlight

 INAPPROPRIATE BEHAVIOR                     AT   SCI MUNCY                    DECARCERATE PA MARCHES                       ON    PHILADELPHIA
     by Dana Lomax-Williams, OP-2743, SCI Muncy
                                                                                            by Cory Clark, Occupy Philly Media
  I wish to expose some of the overlooked sexual violations
and injustices that we at SCI Muncy endure every day. One
issue is how we are searched by one of the male instructors                     On April 5, Decarcerate PA held a series of marches
(who also is a supervisor) in the dietary department. It’s                    and rallies in Philadelphia. Decarcerate PA was formed
understandable that policy mandates that we be searched                       in 2011 in response to the proposed $685 million expan-
upon leaving the kitchen. However, for him to touch us in                     sion of the Pennsylvania prison system.
inappropriate places is completely unacceptable. Many
women were fired after complaining about him. Most wom-                         SCI Graterford near Collegeville is set to have two new
en already have pre-existing sexual abuse issues, and this                    state-of-the-art maximum security prisons built on the
just makes them feel violated again. We complained to his                     grounds of the old one, with another scheduled to be built at
supervisor, and she concluded that it was appropriate. Are                    SCI Rockview — each costing about $200 million. Former
you serious? I would love to see her searched — or perhaps                    Secretary of the Department of Corrections Jeffrey Beard
her daughter. Maybe then her views would be different.                        initially proposed the expansion before he left the office.
Why can’t the female officers search us?
  Not all staff are disrespectful in this manner. Most are                      Beginning at 2:55 p.m. in front of Governor Corbett's
very respectful, but there are a few who are like the man I                   Philadelphia office at 200 South Broad Street, members
mentioned. If we file a grievance, procedure demands that                     of Decarcerate PA announced their Three-Point Platform
we are placed in the hole or lose our bed date. If a prisoner is              that calls on the governor and the state legislature to stop
on pre-release, it’s doubtful she will go that route. It is also a            building new prisons, reduce the number of incarcerated,
well-known fact that officers and high officials have had                     and reinvest that money into communities and schools.
sexual relationships with the inmates, and some still are.
  After successfully working in the dietary department                          At 3:30 p.m., they marched toward Philadelphia City
twice, I refused to be sent back there, explaining why I                      Hall. Continuing on to the Criminal Justice Center at
did not want to work there. I was denied the opportunity                      1301 Filbert Street, they met up with a rally for the re-
to work anywhere else. I wrote our programs coordina-                         lease of Mumia Abu- Jamal. Pam Africa was speaking
tor, our major, and our lieutenant — no one responded.                        about the activist/journalist’s recent release from death
So, I wrote our Executive Deputy Secretary of Correc-                         row and calling for his life sentence to be commuted.
tions, Mrs. Shirley Moore-Smeal at Camp Hill. Miracu-                         Members of several advocacy groups then spoke out
lously, I was called down to the security office by Cap-                      about prison conditions, juvenile life sentences without
tain Powley. He told me that I made a lot of paperwork                        parole (JLWOP), and mandatory sentencing policies.
for him. REALLY! I asked him what he suggested I do if
I wanted to work. He told me to go back to the dietary
                                                                                 “Mandatory Sentencing doesn’t allow for any mitigat-
department, and excused me from his office. I wrote our
                                                                              ing circumstances,” said Atiba Kwesi, Executive Director
employment officer and was scheduled two different in-
                                                                              of And Justice for All, a program that helps former of-
terviews. Both were cancelled. The supervisor said he
                                                                              fenders get their records expunged. “Prosecutors have
was told NOT to hire me. So, does it really pay to exer-
                                                                              the power to impose mandatory sentences on people to
cise your chain of command? You be the judge.
                                                                              pressure them in to taking deals they otherwise would
  Editorial note: We have received other complaints of                        not have taken.”
misconduct at SCI Muncy, and have discussed them with
Nancy Giroux, Superintendent of SCI Muncy. We recently                          The day ended with a march to Love Park at 4:45 p.m.,
received a letter from her in which she says:                                 where they called for a “housing-first” policy so that
  "The origins of these recent complaints surround a re-                      those without a home can be placed in an apartment re-
cent change to policy that subsequently led SCI Muncy to                      gardless of their mental state or addiction situation. The
hold training on proper pat search technique for all per-                     reasoning is that it is easier for them to get needed treat-
sonnel who conduct searches. In addition to the proper                        ment if they are in a stable living environment.
pat search technique staff is acutely aware that the popu-
lation they serve are often subjects of abuse."                                 Ironically, America has the highest persons per capita
 We hope that, due to the proper training mentioned, the                      incarcerated in the world – more than countries that are
number of these incidents have decreased.                                     considered to be the worst human rights violators.

                                                                          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 ― May 2012




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

             SUPER SPOUSE SYNDROME                                             Michael Bardo                          Manuel M. Sepulveda
                                                                               CP-9596, GRN                           FH-1368, GRN
  In the beginning of my husband's incarceration, I wrote
two to three letters a day. Anything he could have, I sent                     Richard S.Baumhammers                  Raymond Solano
in abundance. I sat by the phone and stalked the mail                          ET-8465, GRN                           FK-6135, GRN
carrier. I drove ten hours round trip every two weeks for a                    Stephen Edmiston                       Andre Staton
one-hour visit. I ate, breathed and slept commissary, vis-                     BC-7886, GRN                           GR-3024, GRN
its, calls. I forwarded calls to my cell. I promised I would
always be there and doing so meant never missing a call.                       Leroy Fears                            Patrick Jason Stollar
  One Sunday morning, I ditched my commitment to                               CQ-7760, GRN                           HM-3365, GRN
lead worship to go home to retrieve my forgotten phone. I                      Harve Johnson                          William Wright, III
missed a call soon after this. I was devastated. My ve-                        JG-7444, GRN                           DV-2181, GRA
neer cracked. I was always on the edge of a meltdown.
The proverbial “S” on my chest faded.                                          Reginald Lewis                         GRA = SCI Graterford
                                                                               AY-2902, GRA                           PO Box 244
  I was in the advance stages of “Super Spouse Syndrome.”
                                                                                                                      Graterford, PA
I overcompensated to make up for lost time and worse, to                       Noel Montalvo
                                                                                                                      19426-0244
keep up with the Joneses — prisoner wife edition.                              FH-9391, GRN
  Super Spouse Syndrome is easy to cure. Here’s what                           Albert Perez                           GRN = SCI Greene
you can do if you are trying to leap tall prison sentences                     JB-2916, GRA                           175 Progress Drive
in a single bound:                                                                                                    Waynesburg, PA
                                                                               William Rivera                         15370-8090
  1.   Talk to your partner. Ask about expectations. You
                                                                               DN-4295, GRA
       may find you are doing far more than what he/she
       requires. If two letters a week are acceptable and you
       are writing five, let go of three. If you seek to do more
       than what is necessary, examine the reasons why.
  2.   Learn to say, “No.” Stop creating impossible ide-                       If you do not want your name published, send a letter to
       als; have a relationship not powered by incarcera-                      Graterfriends each year you do not want it to be included.
       tion. Ask yourself if it is realistic to do everything.                 Be sure to note your date of birth.
       Don’t equate volume with love.
  3.   Push back peer pressure. People love giving ad-
       vice. Keep the inner workings of your relationship
       to yourself. (Note: The wives you are emulating
       are probably in the midst of the syndrome and in
       case you haven’t heard, the Joneses are faking it.)                                  CROSSWORD SOLUTIONS
  4.   Take a day “off”- Spend the day doing nothing.
       Pamper yourself. Decompress from all things
       prison-related.                                                        Below are the solutions to crossword puzzles printed in this
  Today, I write whenever I feel the need, whether one                        issue and the previous issue of Graterfriends.
letter a week or a month. I visit when finances allow and
our calls are more manageable. As a Super Spouse, I                           April 2012                             May 2012
tried to cram years into minutes. Now I use minutes to
create moments within the years. I cannot erase the ef-
fects of incarceration; therefore, I work within my limits.
However, I am not any less super. Ask my husband.

Reesy Floyd-Thompson is the founder of Prisoners’ Wives,
Girlfriends, & Partners (PWGP). For more information
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 ― May 2012




                                Legislative Highlights
                                                                    Ann Schwartzman
                                                      Policy Director, The Pennsylvania Prison Society

The Pennsylvania General Assembly is on recess for the holidays and then later for the upcoming elections. They are
considering several criminal justice bills and holding numerous hearings as the list below describes.



 BILL NO.            DESCRIPTION                                                                 CHIEF SPONSOR                PPS POSITION
 PRINTER NO.

HB 1994              Amends Title 61 (Prisons and Parole) of the Pennsylva-                      Rep. J. Preston             Support
PN 3326              nia Consolidated Statutes, in Pennsylvania Board of                         D-Allegheny County
                     Probation and Parole, providing for the reduction of
                     sentence for certain minors under 18 when the crime
                     was committed and sentenced to serve at least 10 years
                     in prison, or received a life without parole sentence and
                     served up to three years on that sentence. (Referred to
                     House Judiciary 4/2/12.)

HB 2187                                                                                          Rep. W. C. Thomas           Support
                     Amends Title 61 (Prisons and Parole) of the Pennsylvania
PN 3066                                                                                          D-Philadelphia
                     Consolidated Statutes, in miscellaneous provisions, estab-
                                                                                                 County
                     lishing the Pennsylvania Interagency Council on Inmate
                     Reentry. (Referred to House Judiciary 2/8/12.)


HB 2256                                                                                          Rep. R. Waters              Support
                     Amends Title 42 (Judiciary and Judicial Procedure) of
PN 3228                                                                                          D-Delaware and
                     the Pennsylvania Consolidated Statutes, in sentencing,
                                                                                                 Philadelphia counties
                     providing for consideration of race in sentencing in capi-
                     tal cases. (Referred to House Judiciary 3/16/12.)




                          UPDATE        ON   SB1153: THE POST CONVICTION RELIEF ACT
  A hearing on March 30 to hear testimony on SB1153 was sponsored by the Senate Judiciary Committee. SB 1153 was
authored by Senator Stewart Greenleaf (R-Montgomery County). It provides for changes in the timeframe of filing for
post conviction relief. The deadline would be changed from 60 days to one year from the date of the claim. If there is a
miscarriage of justice leading to a conviction of an innocent individual, there is no deadline. Some of the witnesses testi-
fying included: Marissa Bluestine, Esq, (Legal Director of the Pennsylvania Innocence Project), James McCloskey
(Founder and Executive Director, Centurion Ministries), Vincent Johnson (a former prisoner who was found to be inno-
cent of the crime for which he was imprisoned), and others.



               UPDATE        ON    THE EFFECTS OF PARENTAL INCARCERATION                                    ON    CHILDREN:
                                        NEEDS AND RESPONSIVE SERVICES
  Another hearing on March 30 was sponsored by the Pennsylvania House Democratic Policy Committee to discuss the
report about children of incarcerated parents, based on SR 52 (sponsored by Senator Stewart Greenleaf) and HR 203
(sponsored by Representative Cherelle Parker). Members of the Committee were joined by other House and Senate
members, and City Council Member Marian Tasco. Witnesses included: Ann Schwartzman (Policy Director, Pennsylva-
nia Prison Society), Ann Adalist Estrin (Director, National Resource Center on Children and Families of the Incarcer-
ated Family and Corrections Network), Kathleen Creamer (Staff Attorney, Stoneleigh Foundation Fellow, Community
Legal Services), Keeva King (child of an incarcerated parent), Reuben Jones (Founder/Director, Frontline Dads and a
former offender), and several others.

                                                                         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 ― May 2012


                                                                             he stated that Kidd had done so “in his passion.”


                  Legal Chat
                                                                               Surely, had the Crown’s tyrants been compelled to com-
                                                                             ply with Brady vs Maryland (Supreme Court – [U.C.
                                                                             1963]; Pa.R.CR.P #573[B]), and disclose these prior in-
                                                                             consistent statements, the outcome of Kidd’s trial would
                                                                             have been different. He probably would have been found
                                                                             guilty of manslaughter, not outright murder.
DISCRIMINATION AGAINST LGBT PRISONERS                                          In his subsequent trial for piracy, Kidd’s exculpatory
                                                                             evidence — two French passes taken from the ships at
  I first would like to say “Hi” to all my fellow inmates.                   issue — were misfiled. Kidd complained of the unavaila-
My name is Juicy. I’m 25 years old. I am sharing some                        bility of these passes, to no avail. These passes were later
information with my fellow LGBT inmates that will                            discovered in the wrong file —TOO LATE, then. Captain
help you if you need to file a grievance against staff for                   Kidd was dead, his corpse hanging in irons at the mouth
abuse, harassment, or discrimination. This is known as                       of the Thames river.
sex-stereotyping under 18 USCA Section 249: Hate
Crime Motivation. You can press charges because you                           An additional bit of stark irony:
can get jail time on the street for acting out against us.
                                                                               “In 1670, William Penn, future founder of Pennsylva-
  Next is under 42 USCA 1514: Harassment. That’s                             nia, along with anther staunch Quaker, Henry Mead,
another constitutional right you can use in your claims.                     was charged with preaching to an unlawful assembly at
You can use 5 USCA 556: Due Process in your miscon-                          Friends Meeting House in Grace Church. The judge grew
duct appeals for being denied a fair hearing. All inmates                    so infuriated at Penn’s legal arguments he threatened to
can use this information if they believe they are being                      have his tongue cut out. Against all odds, the jury came
discriminated against. You must use this information                         back with a verdict of not guilty for Mead and found
for yourself if you proceed to file in federal court against                 Penn guilty of preaching, but not of the much graver
state and federal officials.                                                 charge of holding unlawful assembly. The Lord Mayor
  The next issue is that we all need to come together as                     ordered the jury locked up overnight without meat,
one to fight for our rights because if we don’t fight for                    drink, fire, or candle, ‘We will have a positive verdict or
them, nobody will. Keep strong and don’t let anyone                          you shall starve for it,’ he threatened. The jury was kept
discourage you from doing what’s right and best for you.                     an additional day and night but refused to change their
                                                                             verdict; they were ordered locked up in Newgate until
                                      William “Juicy” Coward                 they each paid a fine of forty marks (thirteen shillings).
                                    JS-6508, SCI Huntingdon                  (The Pirate Hunter: The True Story of Captain Kidd by
                                                                             Richard Zacks, 2002 Hyperion Books, Page 357.)

CAPTAIN KIDD COULD HAVE USED A LITTLE                                          It is most ironic then, that 340 years later the trial
                                                                             courts here in “Penn’s Woods” systemically DENY with-
         BRADY VS. MARYLAND                                                  out reasoned opinion, every pro se defendant (as Penn
                                                                             surely was) who petitions or motions the court. Anyone
  Captain William Kidd, the purportedly notorious pi-                        who has taken the time as a pro se defendant to study
rate, was ultimately found guilty by jury for his alleged                    and fashion a meritorious legal argument (as Penn’s
crimes. He was sentenced to death by hanging in Eng-                         surely was) in an attempt to vindicate his rights on his
land, 1669. A little known fact is that Kidd was first in a                  own behalf — (after court appointed counsel has complet-
succession of trials where he was found guilty of mur-                       ed his purposeful tour of duty) has experienced this type
der. In his murder trial, an eyewitness testified to have                    of tongue cutting by the trial court.
seen Kidd pacing the deck of his ship before deciding to
strike the victim with a bucket. However, in a previous
deposition, this same eyewitness had stated that he was                                                                 Randy Carl Hinckley
below deck when Kidd struck his blow; and, moreover,                                                             GE-9649, SCI Coal Township


When submitting a letter or column to Graterfriends
for publication, please remember to attach a letter (or
note on your submission) that it is for publication and
that you are the original author; date and sign the
declaration. Thank you.
                                                                         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 ― May 2012

                                                                             here, we notice many are still with us; but we also realize
                                                                             that many have passed away. Some of them are some-

                             Mailroom                                        where sick and looking for better days to come their way.
                                                                             So, I pray for those who are still around and I say, “Keep
                                                                             teaching and putting men and women on the right path.”
                                                                               A lot of us are losing brothers and sisters in here. To be
                                                                             straight with you, I cry, and tears fall from my cheeks. I
                                                                             have constant thoughts and prayers for those precious
   ANOTHER THOUSAND DOLLAR FIX FOR A                                         lives lost. We must keep in mind that they were fathers
       HUNDRED DOLLAR PROBLEM                                                and brothers and sisters and mothers. And, some were
                                                                             more than that, you feel me?
  For just over five months (at least 150 days) the food
cooler at SCI Greensburg was out of service. It broke                          So, I say to you: eat right, exercise and stay healthy so
down again; it’s over 25 years old. The DOC rented a 48-                     you can have a shot at getting back to your family and
foot refrigerated trailer box that ran on diesel fuel.                       loved ones. If you can help it, do not die in prison. To the
Maintenance staff put 15 gallons of diesel in the tank                       others who already met this terrible demise, I say, “So
each and every day. Even if the DOC got the fuel for $3                      long, my friends.”
per gallon, multiplied by 15 gallons, that’s $45 per day.                                                                         Vincent Boyd
Multiplied by 150 days, that comes to $6,750, Plus, the                                                                      AM8121, SCI Albion
cost of the rental truck box. (These figures were very con-
servative, as it was closer to 169 days and $4 per gallon).
  Within a week of my writing a letter to the editor of the                     PUNISHMENT ALONE IS NOT THE ANSWER
Harrisburg and Greensburg newspapers, repairmen
came and fixed the cooler, which I was told cost about                         Editorial Note: Below is a copy of a letter that Mr. Lusik
$450. This money could have been better spent providing                      sent to State Senator Stewart Greenleaf. Mr. Lusik re-
us with better programs and/or maybe a little more food                      quested that we reprint it here in Graterfriends.
on our trays. I ask as many of you as possible to clip this
story and send it to the governor.                                             As an inmate of the Pennsylvania Department of Cor-
                                                                             rections, I believe it is time for someone to investigate
                                         Darren R. Gentilquore               the complete failure of the DOC to make pro-social indi-
                                          GX-1572, SCI Albion                viduals out of the current 51,000 incarcerated inmates.
                                                                               The cold, harsh reality of the matter is that the state
                                                                             and county prison systems are bursting at the seams
              SO LONG, MY FRIENDS                                            with parole violators and inmates who are being held
                                                                             beyond their legal minimum sentences for lack of pro-
  This is for all the men and women who come to prison                       gram completion.
looking good and healthy but never make it back to their
loved ones. So, I say, “Farewell, my friends.”                                 This matter has reached the point of being beyond all
                                                                             hope. Let me be more clear. Inmates are placed on year-
  It’s been nice knowing you and the wise and strong                         long waiting lists to get into yearlong programs and then
words you have always found time to share with me. You                       are often expelled for petty violations, clogging the entire
helped me see things in the right light, and along the                       system. Parole violators are mandated to do these pro-
way you have always told me the real deal about every-                       grams on the street and are being likewise sent back to
thing. So again, you will be missed.                                         prison for petty violations. (i.e. having a cell phone, late
  I heard the bad news, and the pain hurt me deeply;                         curfew, etc.)
but, in life we all understand that we are born to die and                     As a former District Attorney, you know well that an
everyone has a turn. Just now it was yours. For those                        inmate needs to be given a fair chance to grow under
who knew you and took the time to understand you and                         circumstances that help create a positive change in atti-
the wisdom you had to share, they received something                         tude. When inmates see their peers successfully complet-
invaluable. I say to you, “Thanks, my friend.”                               ing programs and making parole, that encourages them
  Some would say that you’re at peace, but I will say                        to do the same.
your journey has just begun. The Lord will take you from                       The addiction to the punishment mentality of the 1990s
here, so walk tall like you did here and you will be fine.                   must come to an end. Nationwide polls have found that
  It’s sad to see so many people we call friends dying in                    the public does not support a “lock ‘em up and throw
prison, but it’s happening at a fast rate in Pennsylvania                    away the key” mentality.
and across the country everyday. It’s so sad to come to                                                                            David Lusik
prison young and die old with nothing. It happens daily                                                                     CA-3760, SCI Albion
in these warehouses.
 When we as prisoners sit back and think of all those
who helped us along the way while we’ve been stuck                                                  (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 ― May 2012


 WHEN DO LIFERS GET A SECOND CHANCE?                                         opportunities in legitimate enterprise. But we still often
                                                                             talk about starting a business or investing for our fami-
                                                                             lies’ futures. A business channel such as CNBC not only
  Free your mind and heart of all the preconceived and
                                                                             offers information about markets, but also has program-
manufactured ideas about lifers. Lifers are misunder-
                                                                             ming about starting one’s own business, financing one’s
stood, underrated, ignored, and basically relegated to
                                                                             goals, saving for the future, and planning for retirement.
being carried out of these institutions in body-bags due
to old age, loneliness, snuffed-out spirits, fatal diseases,                   Business channels also discuss economic trends and
homicides, suicides, abandonment, and a lot of people’s                      developing job opportunities. Even though watching a
wishes for lifers’ instant and constant sufferings. This                     business channel may not always be your first choice, it
goes against God’s will, especially for those lifers who                     is hard to argue against having the option of one that
have made it a point to rehabilitate.                                        allows us to set more informed goals and objective for our
 Lifers have accomplished much and still contribute                          economic freedom. An additional advantage with CNBC
much as facilitators, leaders, mentors, and teachers to                      as a choice is that they also have Olympic Games cover-
many of the young and old lost, convicted souls.                             age as well as travel specials.

  Free your mind and heart of all preconceived and man-                        I would hope that you would take the time to write and
ufactured ideas about lifers and come talk with us. Come                     voice your support for these two channels. Please try to
and see for yourself, why you should be advocating for                       include honest reasons (such as those listed above) as to
parole for lifers and not having them wasting tax dollars,                   why they would be important to you. If you agree with this
adding to these overcrowded institutions, and eventually                     position, write. Just agreeing will probably not be enough.
perishing inside these razor wire fences and sandstone
walls.                                                                                                                  Subramanyam Vedam
                                                                                                                     AK-7129, SCI Huntingdon
  Deserving lifers should get that proverbial second
chance since there are 5,000 plus and counting. SE-                            Editorial note: We recently received a memo from Mr. Jef-
COND CHANCES! When do lifers get theirs? Especially                          frey Witherite to include in Graterfriends. The text is below.
when lifers are less likely to recidivate?
                                                                               To all state prison inmates:
 Thanks for hearing us out. may God bless and keep you.
                        Ronald L. Smith, aka Baye Camara                       The current cable TV channels that you receive are
                              AP-0580, SCI Coal Township                     what are contracted to the DOC. We understand that you
                                                                             may have suggestions about channels you would like to
                                                                             see added or deleted; however, at this time there are no
                                                                             plans to change the current services that are of-
  WRITE LETTERS REQUESTING IMPORTANT                                         fered. Prior to any changes to the system being made, you
            CABLE CHANNELS                                                   will be notified of the changes and of any price changes.
                                                                             If you have further questions about the current cable TV
  Recently, there was a letter in Graterfriends stating                      system line up or prices, those issues should be directed
that the Pennsylvania DOC Staff Assistant, Mr. Jeffrey                       to your prison administrators.
Witherite, had said, “We will take into consideration
inmates’ requests for changes to the channels provided
and will discuss possible changes when the contract is
renegotiated.”
                                                                                                  VISITS FOR PROFIT
  I encourage all inmates to request that two channels —
i.e. PCN and a business channel — be included in any                           In January 2012, I wrote to the Prison Society concern-
new package. I realize that these two channels are not as                    ing an article about the privatization (for-profit) of pris-
popular to us (myself included) as sports, music and movie                   on video visitations. Since the Prison Society has been a
channels, but they are still important to us nonetheless.                    bellwether in virtual visitations (creating its own pro-
  PCN covers our state’s legislative sessions and commit-                    gram in 2001) I was seeking some firsthand information.
tee hearings. It provides us knowledge of upcoming legis-                    The Prison Society was aware of JPAY’s focus on corner-
lation and concerns that directly affect our present situa-                  ing the virtual visitation market but felt that for the
tion, our future, our families, and our communities. It                      short term, at least, the present system was safe.
allows us to have the awareness to be an active part of
                                                                               To my dismay, I read in the recent edition of Correc-
Pennsylvania’s concerns, and thus be positive members
                                                                             tional Forum that after a brief expansion of the virtual
of change in our society. An added benefit is the coverage
                                                                             visitation program, the Prison Society was forced to dis-
of state sports championship games in which many of
                                                                             continue the service due to a lack of funding.
our family members, friends and neighbors participate.
  A business channel can be equally beneficial. Many of                        My concern is not so much the possible privatization of
us here already have an entrepreneurial streak. Unfor-                       the virtual visit service at all Pennsylvania State Pris-
tunately, in the past this may have manifested itself in                     ons by JPAY or some other enterprising profiteer, but
something illegal because of a lack of knowledge of the                      that the very real possibility exists that contact visits

                                                                         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 ― May 2012

could easily become a thing of the past as these would                       prisoners and their families and continuing to punish in-
compete with the “for-profit” venture of the contractor —                    mates for crimes that happened 5, 10 or even 20 years ago.
not to mention the guaranteed “kick-back” for the Penn-
                                                                               When is there going to be positive change that benefits
sylvania DOC.
                                                                             all: victims, society, and the prisoners who want to change?
  Of course this hasn’t happened yet, but the stars cer-                                                                     Jessie Keith Blough
tainly seem to be lining up for it to occur. I’m just saying!                                                               HQ-7572, SCI Albion
                                            Preston B. Pfeifly
                                       AK-7971, SCI Rockview
                                                                                       IN RESPONSE TO: MOTHER MARY
                                                                                         (FEBRUARY GRATERFRIENDS)
           FORGOTTEN FAMILY VALUES
                                                                               I agree with you, and I’m certain that there are many
  Everyone is quick to get the dollars together for pris-                    other men and women within these institutions as well
ons. Everyone knows just how to build communication to                       as outside who want to take action to alleviate the extor-
get talks together about housing inmates in other states.                    tion that has been taking place with the phone system in
We don’t focus enough, though, on family values. Welfare                     Pennsylvania. The DOC receives a 44.4 percent kick-
is a loss if there’s no one to collect the check! Family val-                back, which amounts to $7.5 million! Where is this mon-
ues are all but forgotten. Centers for Disease Control                       ey going, anyway? Anyone interested in this just cause
help families keep from being created by giving birth                        should write to:
control to women. People help keep families from being                       Michigan Cure
created by abusing drugs and committing crimes.                              P.O. Box 2736
  What happened to the home? Where did the care for the                      Kalamazoo, MI 49003-2736
family go? Supporters for more prisons don’t see the trou-                     They will take some basic steps for achieving this goal.
ble with forgetting family values. All they see are the                      If anyone else has any information to help this cause,
dollar signs. “Who is the mother, and who is the father?”                    please provide it.
It doesn’t matter. “Who is an inmate” is what the ques-                                                                      Michael Santiago
tion is. Now that we have a prison, who will support the                                                                   DW-6270, SCI Albion
broken family? The parent is the inmate and the child is
the victim. It doesn’t matter who’s to blame. The focus
must return to family values or there will be no children.                                     ATTENTION VETERANS
Everyone will be inmates. Everyone will be victims.
                                       RAS-I ALL-JAH-NOOH                      We are now making preparations for our operations in
                                        HK-9886, SCI Chester                 2012. We have completed an organizational chart which
                                                                             depicts what services we will all benefit from. However,
                                                                             we must get more people involved and we need more
                       COMMISSARY                                            donations. We are asking you to ask a friend or relative
                                                                             to help us build and serve the incarcerated veterans, who
  It is nice to hear you support us on the commissary                        have criminal cases with merit, and need to be reviewed
issues, soups which went up from 24¢ to 28¢. This seems                      by the Department of Justice. The time bar prohibits
a bit much when on the street you can buy 10 or 12 for a                     veterans from appealing their cases.
dollar at some stores, and $2.97 for 4 oz. of coffee. I un-                    We need to hire attorneys to represent the seventy-two
derstand they have to cover costs, but the DOC is mak-                       veterans who are on our mailing list. One veteran has
ing pure profit off the prisoners and their families, when                   already told us, “Your best bet is to free a vet.” As you
the DOC is supposed to be a non-profit agency. It makes                      already know, we must help ourselves, pull everyone
me wonder how much of the price increases go to over-                        together and be committed to the mission — FREE A
head costs and how much goes to pure profit for the DOC                      VET. We need your help. Your five or ten dollars can
administration’s pockets.                                                    help hire an attorney to look into these cases. If everyone
  I feel a happy medium can be achieved. Collect in-                         pitches in and sends a donation, we will be that much
mates’ dollars while encouraging free enterprise in Penn-                    closer to getting a criminal defense/appeal team to repre-
sylvania, giving work and tax dollars back to Pennsylva-                     sent the seventy-two veterans.
nians. We don’t need to rely on out-of-state companies to                      We will be addressing eight critical areas of operation:
provide commissary to our prisons. When jobs, tax dol-                       legal research, transitional housing, transportation, VA
lars, and fair pricing are kept in-state, everyone wins.                     claims/benefits, finances, public relations, recruitment
  If the DOC can spend $500 for office chairs for the                        and a mail clerk. We will attempt to fill these positions
COs, why can’t they afford to provide things like good,                      at our next meeting. Until then, please have your family
fair commissary prices, corrective programs and educa-                       members or friends contact us. And you can send your
tion to the inmates who are truly committed to bettering                     donation to help with the operational expenditures. Ask
themselves, not committing any new crimes and being                          yourself, “What can I do to help?”
productive, law-abiding citizens?                                                                                  Melvin Dill, President
 But no, the DOC wastes dollars in making money off of                                             Veteran Legal Foundation Incorporated

                                                                         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 ― May 2012


           HOW     TO    GET BACK          TO A    STATE PRISON             AFTER        BEING SENT          TO A    COUNTY JAIL
                                                By Dante Overby, GZ-5437, SCI Rockview

  If you are a state inmate whose maximum sentence is                         monwealth Court, asking the court to encourage the warden
more than five years, and you’ve been sent to a Pennsylva-                    to “commit you to the Department of Corrections for confine-
nia county jail to serve that sentence, these step-by-step                    ment,” as mandated by § 9762 (a) (1). You must do the exact
directions can help you get back to a state prison. By fol-                   same thing for the state grievance, but use the name of the
lowing these steps, I was allowed to move back to a state                     Superintendent of your state prison name as respondent.
prison after I was sent to a county jail.                                          In your mandamus, you must explain:
                                                                                   1. What Commonwealth Office or Officer (i.e. the DOC or
A. Understanding why you should not be committed                                      one of the Wardens)
to a county jail to serve your state sentence:
                                                                                   2. What duty did they fail to perform (i.e. failed to commit
  If your maximum sentence is more than five years, you                               you to the DOC for confinement)
must serve your time in a state facility. For example, I was
sentenced to 11½ to 24 years. My “maximum term” (or my                             3. What right do you have to the performance of this duty
max) is 24 years, and that’s way more than five years. 42                             (i.e. 42 Pa. C.S.A. § 9762 (a) (1), which states…[see sec-
Pa. C.S.A. § 9762 (a) (1) states that “(a) all persons sen-                           tion A of this article])
tenced to total or partial confinement for the following                           4. And what remedy you are seeking (i.e. to be committed
terms shall be committed as follows: (1) maximum terms                                to a DOC facility “for confinement”)
of five or more years shall be committed to the Depart-
ment of Corrections for confinement.”                                         C. What to do if your grievance is not answered in a
  Further, the Pennsylvania Supreme Court said that, “in                      timely manner:
Allegheny County 1, we held that the DOC must accept and                        More than likely, both the warden of the county jail and
confine all persons committed to its custody pursuant to 42                   the superintendent of state prison will try to impede this
Pa.C.S. § 9762 (1), which encompasses persons receiving a                     grievance process by failing to respond in a timely manner.
maximum sentence of five years or more, such persons are                      If this happens to you, like it happened to me, your next
committed to the custody of the DOC. In these cases, there                    move is to file a writ of mandamus to the Commonwealth
is not discretion to be exercised by the DOC; rather, the                     Court, asking the court to encourage whomever has not an-
legislature has directed where custody is to be vested and                    swered your grievance in a timely manner to do so immedi-
the DOC has no choice but to provide placement in one of                      ately. Again, you must address the four points that I de-
its facilities for confinement.” (see County of Allegheny v.                  scribed at the end of Section B, but in the grievance context.
Commonwealth of Pennsylvania, 544 A2D 1305, 1307-1308                         For example:
[Pa. 1988], citing County of Allegheny v. Commonwealth of
                                                                              1.     What Commonwealth Office or Officer is failing to re-
Pennsylvania, 490 A2D, 412 [Pa. 1985]). So I was not sup-
                                                                                     spond to your grievance
posed to have been “committed” to a county jail to serve my
state sentence.                                                               2.     What duty did they fail to perform—they failed to an-
                                                                                     swer your grievance on time
 To reiterate, if your max is more than five years 42 Pa.
C.S.A. § 9762 (a) (1) applies to you, and you should not                      3.     You have to state what policy entitles your to a timely
have been committed to the county.                                                   response to your grievance
                                                                              4.     The remedy you are seeking is for the respondent to
B. What you must do to get back to a state jail:                                     answer your grievance immediately, otherwise your 1st
                                                                                     and 4th Amendment right to petition the court will be
  In order to address this issue, you must use both the
state and the county grievance systems. Both grievances                              impeded, in that, in order to seek court intervention, I
should state (using Clinton County Jail as an example):                              must exhaust my administrative remedies, and I can’t
                                                                                     do that if the respondent doesn’t respond.
  “My commitment to the Clinton County Jail violates 42
Pa. C.S.A. § 9762 (a) (1), because § 9762 (a) (1) states that:                Note: When filing your writ of mandamus, be sure to send a
(see Section A for what § 9762 (a) (1) states)—REMEDY:                        copy to the respondent and a copy to the court via certified
Please commit me to the Department of Corrections for                         mail, and keep one copy for yourself. This is to prove that
                                                                              you sent it in case the copies get lost.
confinement as mandated by § 9762 (a) (1).”
  Note: In the contract between the DOC and Clinton                           The address for the Commonwealth Court is:
County Jail, section 13 (B) states that “the County shall                     Commonwealth Court
forward to the Department [of Corrections] all such griev-                    601 Commonwealth Ave.
ances that pertain to the legality of the inmate’s detention,                 Harrisburg, PA 17120
sentence, transfer or alleged prejudice due to the inmate’s
incarceration at the county. The Department shall be re-
                                                                              D. Challenge the conditions of your confinement:
sponsible to further process and respond to such grievanc-
es. The County shall forward such grievances to the De-                         I’ve been there and I know that everything from the law
partment within one business day of the time that they are                    library to the living spaces is nuts! You must file another
received by the County.” Be sure to mention this obliga-                      county grievance to address the conditions of your
tion in your county grievance!                                                confinement.
  Once you successfully complete the grievance process,                        Because I know that the law library in my county jail does
your next move is to file a writ of mandamus in the Com-                      not allow you access to 3rd Circuit case law (or any other

                                                                         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 ― May 2012

Circuit Court case law, for that matter), I’ve included the                       you are housed in a dorm doesn’t mean that you are not
conditions I’ve witnessed and complained about, and the                           entitled to “the evolving standards of decency.” (see
relevant case law that you should quote concerning those                          Tillery, supra.)
conditions in your attachment to your grievance (because
                                                                                 Inadequate Ventilation: One block at my county jail
everything won’t fit on the official grievance form). See
                                                                                  had no ventilation inside the cells. “Insufficient ventila-
Appendix A.
                                                                                  tion, which undermines the health of the inmates and
  Immediately after you file the county grievance about                           the sanitation of the institution, itself violates the 8th
these conditions, three people should be contacted:                               amendment.” (see Tillery v. Owens, 719 F. Supp. 1256,
  1. The county commissioner responsible for overseeing                           1271 [W.D. Pa 1989])
     the your county jail. Send him a letter via certified                       Unsanitary Showers: The shower floors at my county
     mail, putting him on notice about the conditions of your
                                                                                  jail, if they have not been fixed, have a dip in them
     confinement just in case you have to go to court. Keep
                                                                                  which allows water to puddle up over your shower
     a copy for yourself.
                                                                                  shoes, subjecting your feet to the germs and bacteria
  2. Mr. Angus Love, Esq.,                                                        from everybody that showered before you. This is un-
     The Pennsylvania Institutional Law Project                                   sanitary, and “sanitation is one of the basic human
     718 Arch St., Suite 304 S                                                    needs guaranteed by the eighth amendment.” (see Till-
     Philadelphia, PA 19106                                                       ery v. Owens, 719 F. Supp. 1256, 1271 [W.D. Pa. 1989],
     Explain to him the conditions you’re living in, see what                     citing Union County Jail Inmates v. DiBuono, 713 F2D
     kind of assistance he can offer, and request a copy of                       984, 984 [3rd Cir. 1983])
     the Prisoner’s Rights Handbook and the Jailhouse
     Lawyer’s Manual. You’ll find all the case law you need                  Appendix B: Document Formats:
     in them.                                                                  1. Grievance Attachments:
  3. Graterfriends. The address is on page two of this news-
     letter.                                                                   The attachment to your grievance should begin like this:
     For the three months that I was in the county jail, I did                 ATTACHMENT TO COUNTY (OR STATE) GRIEVANCE #
     not receive one Graterfriends newsletter, and I’ve been
     a member for at least four years. If this is the case with                -----------------------------------------------------------------------------
     you, contact Mr. William DiMascio at Graterfriends                           A. Mandamus
     and let him know that this is happening to you.
                                                                               The beginning of your mandamus should look like this:
E: In closing:                                                                     IN THE COMMONWEALTH OF PENNSYLVANIA
 Please see the following sections for a few document for-
mats for those who are not familiar with legal writing.                                    PETITION FOR WRIT OF MANDAMUS
  In case you don’t know, there’s strength in numbers, so                     Now comes YOUR NAME, Petitioner, to this Honorable
get as many people as you can to join you, even if that                      Court seeking a writ of mandamus, encouraging a Common-
means that just one of you will do the paperwork and just                    wealth Officer to perform a purely ministerial duty of his/
one of you signs it. That’s what I did, and it worked for me                 hers.
and everybody that signed.
                                                                               MR. YOUR NAME attests to the following in support of
                                                                             being granted a writ of Mandamus:
Appendix A: Case Law About Conditions
  Your second county grievance should address substandard                      (and then explain the four points from Section B)
conditions. Some I have encountered are listed below:                          PROOF OF SERVICE
   Inadequate Law Library: My county jail law library                          Your proof of service should look like this:
    did not have case law from any of the Federal Circuit
    Courts, and there was no “assistance from legally                             B. Proof of Service
    trained persons” to file papers. (see Tillery v. Owens,
                                                                               I, YOUR NAME, hereby certify that I am this day serving
    719 F. Supp. 1256, 1281 [W.D. Pa. 1989], citing Bounds
                                                                             a copy of the forgoing document upon the below named Par-
    v. Smith, 430 U.S. 817, 828 ]1977]). This amounts to a
                                                                             ties via certified mail:
    violation of your 1st and 4th Amendment right to access
    to the court.                                                              (The court and the respondent’s names go here, one on top
   Inadequate Cell Space: A survey of the case law on                       of the other, along with the type of mail service you used next
    this issue reveals that 60 to 70 square feet per cell con-               to their names, then sign and date the bottom of the page.)
    stitutes the present ‘evolving standard of decency’ re-
    garding cell space per inmate.” (see Tillery v. Owens,
    719 F. Supp. 1256, 1270 [W.D. Pa. 1989], quoting In-
    mates of the Allegheny County Jail v. Wecht, 699 F.
    Supp. 1137, 1144 [W.D. Pa. 1988]). The two main cells
    at my county jail are not 140 square feet, which is the                  Thank you Mr. Overby for taking the
    standard amount of space required for a two-man cell,
    according to the above cited case law.                                   time to put together this information
    However, if you live in a dorm style setting, there is not               and send it to Graterfriends so that we
    60 to 70 square feet of space per inmate. Just because                   may share it with others.
                                                                        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 ― May 2012




                                 Think                                                                          Pssst…
                                About It                                                                Pass the Word

   WILL PA. INMATES WORK TOGETHER TO                                                   JUST CHOOSE            ONE OR THE OTHER
   DECREASE THE PRISON POPULATION BY                                                   by David Allen, AP-9132, SCI Greensburg
      BEING PART OF THE SOLUTION?
           by Allen Ross, AJ-1152, SCI Greene                                  With the addition last year of a new CAS at SCI
                                                                             Greensburg (a transfer of staff from SCI Albion), the
                                                                             facility’s Activities Department has undergone many
  It was a cloudy, melancholy, dark day coupled with the
                                                                             changes. Of note is the development of a rowing program
ambience of SCI Greene’s chow hall, silent and filled with
                                                                             resulting in the construction of the first rowing room in
inmates eating breakfast. I was waiting in line to receive
                                                                             an area of the prison that had been the home of the pris-
my breakfast tray while I was conversing with an inmate
                                                                             on’s music instruction classes and various inmate treat-
about how the prison system has changed during the
                                                                             ment programs. Later this year the Activities Depart-
past couple of decades.
                                                                             ment opted to relocate its rowing program and renovated
  Essentially, only if inmates can stop being judgmental                     a second rowing room in an abandoned classroom space.
toward other inmates can we alleviate animosity toward                       The program, which I assume is somewhat costly (the
each other. Then we can come together as a collective                        renovation of two separate rooms, eight rowing ma-
whole to focus on the real problems of Pennsylvania’s                        chines, air-conditioning, stereo system, television, furni-
over-crowded prisons.                                                        ture, etc), is relatively limited and can only accept eight
                                                                             of the facility’s inmates in its single class enrollment (a
  In the late 80s, the prison population was half of the                     per class participation of less than 1 percent of the pris-
current prison population. Yet in the late 80s there was                     on’s 1100 inmate population), causing some contention
unity among inmates as opposed to today. There is no                         among the residents of the institution, as funding and
unity among inmates in Pennsylvania prisons, where                           staff availability for other programs has been reduced.
over-crowding conditions and other germane issues exist.
                                                                               “So what if it costs them a lot,” some of the men have
  Pennsylvania has 26 state correctional institutions                        argued, “it doesn’t cost us anything!” Sadly, the truth is
that currently house 51,336 prisoners, which really ex-                      that it has cost the men dearly in ways they haven’t yet
emplifies Pennsylvania’s problem with over-crowded                           recognized. As president of the facility’s inmate organiza-
state prisons.                                                               tion I field daily complaints as to why one program and
  We inmates, held in captivity in these state prisons,                      event after another is either closed, canceled, or post-
have an arduous job ahead of us: we must convincingly                        poned, and I must explain that the staff is no longer
relay the adverse effects of coming to prison to young                       available to oversee those things because they have been
people and adults in the general public. This task is not                    reassigned to supervise rowing classes now. “But,” the
easy to accomplish because of the rhetoric the populace                      men bemoan, “they are taking everything from us,”
receives from the mass media and government officials.                       pointing to the reduction in monthly envelopes, elimina-
                                                                             tion of inmate overtime wages, discontinuation of some
  State government officials have not alleviated prison                      of the treatment programs and the closing of the prison’s
over-crowding problems in Pennsylvania.                                      visiting room on Tuesdays, Wednesdays and Thursdays.
  Crimes in Pennsylvania occur every day, and our                            Undoubtedly, the men have not yet understood that the
young people are coming to prison with long sentences,                       building, re-building, equipping and staffing of a rowing
in addition to adults becoming wards of the state. Crime                     program requires a great deal of both time and money
victims are suffering the indelible effects of crime. This                   that has to come from some other places (i.e. other things
will continue if we inmates do not set aside our differ-                     have to be cut or reduced). “Now they’re taking our
ences to unite as a collective whole to decrease Pennsyl-                    morning and afternoon recreation times and giving us
vania’s prison population. Each and every inmate in                          more stupid rowing instead,” the men lament as they
Pennsylvania must get involved to change things in our                       begin to see more of their favorite events gobbled up by
correctional institutions, to decrease the prison popula-                    the rowing agenda, and I can only look at them in pity
tion by keeping our young people and adults out of pris-                     and disbelief as I try again to explain, “You men (not the
on, and to stop them from ruining their lives and becom-                     staff) are the ones who keep signing up for the rowing
ing wards of the state.                                                      program; you men are the ones who thought that the
                                                                             rowing program wasn’t going to cost you anything; you
  So, let’s make reducing the prison population a reality                    men are the ones who made the prison’s Activities De-
in Pennsylvania. We can lessen the burden on the tax-
payers by becoming part of the solution.                                                       (See Choose One, continued on page 15)

                                                                        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 ― May 2012

                                                                            Public Health, continued from page 2


                                  Literary                                       two weeks after their release, often due to having no
                                                                                 home and no access to health care.

                                  Corner                                        A large percentage of Pennsylvania’s current prison
                                                                                 population is nonviolent, behind bars for misde-
                                                                                 meanors.
                                                                                In Pennsylvania’s prisons, 17 percent of men and 48
              BIGGER BROKEN HOME                                                 percent of women have diagnosed mental health
  by Zechariah “True” Thompson, HV-3696, SCI Forest                              issues.
                                                                                A specialty court helps determine VA benefits avail-
In this cell I lay again to witness the time,
                                                                                 able for veterans so that they may better cope with
and time I have spent…in a cell and in my mind.
                                                                                 PTSD and other traumas suffered due to battle con-
My thoughts race at a pace I can’t maintain,
                                                                                 ditions.
my sanity in question, because I’m too numb to complain.
It becomes so loud here, so I drift into a zone,                                Five years ago 60 percent of the prisoners in the
only to be disturbed by the man on the speakerphone.                             Philadelphia Prison System were tested for HIV;
                                                                                 today 80 percent are tested. Twice as many cases of
My pictures are bitter memories, of a once existed past,                         HIV are now being identified and treated in jail.
now nearly ten years later, those photos are only ash.
I’m so afraid to change, because mistakes happen fast,                          Prisoners leave the Philadelphia Prison System with
so I try to fight the future, to rectify my path.                                at least five days of medication, plus a 15 day pre-
I’ve become obsessed with metaphors, to avoid talking long,                      scription – if they can pay for it. Out of 5200 pre-
addicted to relief, from a poem or from a song.                                  scriptions last year, only 37 were filled.
                                                                                The incarceration rate for women has grown by 800
I’m so used to chaos, I sleep better in madness,
                                                                                 percent over the past twenty years. Most of these
I wake up in this tragedy and write this rhyme in sadness.
                                                                                 women are in their 30s and 40s and in prison for
I try to test God, to seek the proof of his wrath,
                                                                                 drug infractions and other nonviolent crimes.
so I can believe and say, “I’m sorry” to the people at once
   I laughed.                                                                   Nearly 80 percent of the women entering SCI Muncy
Maybe this is it. This sentence could be his will.                               have suffered various forms of abuse. A high propor-
For a kid that killed a man, is given time to kill.                              tion of women enter prison suffering from PTSD and
                                                                                 various addictions.
But I’ve labored for them, and shown my growth, but
  never is it noted,                                                          Ms. Richman, focusing on public housing, said, “If
just bias looks and unjust treatment, shows the system’s                    we’re going to make an impact on those coming out of
  motive.                                                                   prison, we have to offer safe and affordable housing…If
Easy to find what’s wrong, harder to find what’s right,                     we don’t spend now but spend three times as much in
that’s what we live in.                                                     the future, are we really saving taxpayers’ money?”
Motions denied, too empty to cry. Not hard to fail, not                       It was concluded that public health and criminal jus-
  easy to win.                                                              tice professionals must use science – empirical data and
How long is long enough, for a man or woman who wants                       theory – to determine who goes to prison and who may
  a chance?                                                                 qualify for alternatives to prison; the issue must be
to prove they’ve changed, to show their love, and teach                     looked at in a holistic manner.
their children how to dance?
                                                                              In addition to the Prison Society, the University of the
This is how it feels, when you’re sentenced to be alone,                    Sciences in Philadelphia and LaSalle University’s Mas-
far away from family, in an even bigger broken home.                        ter of Public Health Program sponsored the event.


We need to correct some errors found in the March “Our Voices” column. The article entitled "Changes
Needed at Muncy" by Jessie Alexander had the following errors (in bold italics):
The second paragraph should read: What is offered within this institution is offered to those with an ex-
pected release date and not offered to the inmates serving life.
Part of the sixth paragraph should read: There is help from one long-time doctor's assistant but there are
always constant new ones who do not show concern nor bring relief from pain and illness.
We apologize for the confusion, and thank Jessie for letting us know.


                                                                       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 ― May 2012


                                                                             Solitary Confinement: Torture In Your
                                                                             Backyard is a 20-minute film created by The Nation-
                                                                             al Religious Campaign Against Torture as a resource for
                 Announcements                                               congregations to learn about the destructive use of pro-
                                                                             longed solitary confinement and to engage people of faith
                                                                             to call for an end to prolonged solitary confinement in
                                                                             their state. The film features several former prisoners
                                                                             discussing the mental harm they endured as a result of
Preserving Your Claim Under the Prison                                       being held in solitary confinement. Sarah Shourd, one of
                                                                             the three American hikers captured in Iran, who spent
Litigation Reform Act (PLRA) is a new docu-                                  14 months in solitary confinement also describes her ex-
ment that was recently sent to all of Pennsylvania’s state
                                                                             perience. Additionally, the film highlights how the reli-
prison libraries. It was written by Alex Rubenstein, 2012                    gious community in Maine helped secure a drastic reduc-
Candidate for J.D. at Rutgers School of Law-Camden. It                       tion in the number of Maine prisoners held in solitary
is intended to provide some background information on                        confinement. The film is available online and DVDs can
the PLRA, and also explain how the law impacts court                         be ordered for $5. Faith-based discussion guides are also
claims filed while in jail or prison. Additionally, this
                                                                             available on the website. Go to www.nrcat.org/backyard
pamphlet explains how to properly follow the grievance
                                                                             for more information and to view the film.
process employed by the Pennsylvania Department of
Corrections, in order to help protect any claims you may
bring relating to prison conditions from being dismissed                     Life Support for Women with an
for failure to exhaust administrative remedies. Even for                     Incarcerated Loved One will not be meeting
claims that are not affected by the exhaustion require-                      in May, but will meet again on June 12.
ment, this pamphlet should serve as a helpful tool for
correctly filing grievances.                                                 This is a support group for women looking for a safe
                                                                             place to share feelings and concerns about incarcerated
If your law library does not have this pamphlet, please                      family members. The group usually meets the second
contact Graterfriends (address on page 2).                                   Tuesday of every month, from 4:00 p.m. to 6:00 p.m., at
                                                                             the Pennsylvania Prison Society: 245 N. Broad Street,
                                                                             3rd Floor, Philadelphia, PA 19107 (Race-Vine station,
Beccaria: A Chapbook Anthology                                               across from Hahnemann Hospital).
by Aja Beech is once again available, for a limited time.
To order a copy, prisoners may send a check or money                         Please note:
order for $5 to:
                                                                             For more information:
Aja Beech                                                                    Mason Barnett, 215-564-6005, ext. 106 (Prison Society)
2445 Coral St.                                                               Desiree Cunningham 215-758-5877 (Support Group
Philadelphia, PA 19125                                                       questions only)




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.
May 2012 Graterfriends
May 2012 Graterfriends

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May 2012 Graterfriends

  • 1. Graterfriends ― A Publication of The Pennsylvania Prison Society ― May 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 5 www.prisonsociety.org  www.facebook.com/PennsylvaniaPrisonSociety May 2012 Disadvantaged Children to Disadvantaged Adults by John F. Nole, AF-0346, SCI Graterford Many juveniles who came through the Juvenile Court Too many children of the indigent remain low priority system, were bound to stand trial as adults, and received on the scales of equal treatment, most particularly when life sentences, may have experienced abuse by the sys- they are the children of the disenfranchised. tem without their knowledge. Violations of their consti- tutional rights may have been the primary reason they If equal justice is being graded on a curve, it appears to entered into an adult criminal system while still chil- be downward, where unprotected children are not so- dren. Many, due to the introduction of illegally obtained phisticated enough to understand what rights they are confessions, became witnesses against themselves. Often forfeiting without adult guidance. Children, who, under the law are in infant status, may Too many children of the indigent never have been provided the protection of being a child. remain low priority on the scales Behind closed doors, away from the public eye, with the of equal treatment. courts in consort, attorneys and prosecutors are allowed to perpetuate judicial rape. ignorant of juvenile procedures and law, attorneys were Failing to champion equal justice for all children, even ill-prepared to provide adequate and meaningful repre- those who commit serious crimes, only fuels a fire of dis- sentation to their child clients, and waiver proceedings of parity and widens the gap of unfair and unequal protec- the juvenile courts merely went through the motions. tion. Can we continue to allow the constitutional protec- Lawyers were allowed to abandon their clients before tions of our most vulnerable citizens, our children, to be hearings even began. Abandonment by counsel left ap- ignored? The answer should be NOT AT ALL. peals of procedural and statutory violations routinely unchallenged and unpreserved. Equal protection of the law is supposed to require judges to adhere to and apply the principle of the law to every- In this Issue one fairly; however, this is not the reality. Where chil- From the Editors, News ................................................. 2 dren are at issue, they are often taken into custody, in- terrogated by police, and statements taken and used Our Voices, Spotlight ..................................................... 3 against them. In far too many instances there are no Mrs. GE-6309 Time, Birthdays, Crossword Solutions.. 4 adults or legal guardians ever present. In instances of Legislative Highlights .................................................... 5 children being arrested, parents are supposed to, and should always be contacted, yet such treatment and Legal Chat ...................................................................... 6 practices remain visibly absent in the treatment of mi- Mailroom .....................................................................7-9 nors accused of serious crimes. How to Return to State Prison from County Jail ..10-11 Think About It, Pass the Word .................................... 12 There are no advocates to retrieve these children’s rights against such abuses. For those who were disad- Literary Corner ............................................................ 13 vantaged by the legal process, the care is in spirit, but Graterfriends Order Form, Announcements ............... 14 produces nothing in practicality. LWOP (Life Without Crossword ..................................................................... 15 Parole) has been the fate of too many children. Are those “The Last Word” by William DiMascio........................ 16 poverty stricken youth the exception to equal justice and equal protection? 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 ― May 2012 From the Editors News While we at the Prison Society have been busy plan- PUBLIC HEALTH AND CRIMINAL JUSTICE ning our 225th anniversary of advocating for social jus- ISSUES OFTEN INTERSECT tice, we continue to offer help and programming to those who need it — prisoners, former prisoners, and their by Mindy Bogue, Graterfriends Managing Editor families and communities. “If we don’t provide ex-offenders with the opportunity We recently held an informative public forum about to have housing, how can we expect them to succeed?” the intersection of public health issues and criminal jus- asked John Wetzel, Secretary of the Pennsylvania De- tice issues. It’s not a subject that is often talked about, partment of Corrections at the recent public health pan- but we found that without help from public health insti- el: The Nexus Between Public Health and Criminal Jus- tutions, ex-prisoners can find reentry into society very tice. Along with Secretary Wetzel, the 200 attendees also difficult. Some of the findings from that forum, where heard from Estelle Richman, Acting Deputy Director for Secretary John Wetzel was a keynote speaker, may be the U.S. Department of Housing and Urban Develop- found in the article to the right. ment. A panel of five specialists on the subject of public Dante Overby of SCI Rockview has written a very help- health also made remarks based on the keynote speeches ful pamphlet for people who were sent to county jails and answered questions from the audience. The event from state prisons. He is one of a few who was able to file was presented by the Public Health Initiative of the the correct paperwork to allow for his return to a state Pennsylvania Prison Society. institution. We have reprinted the information on pages Public health and criminal justice are rarely mentioned 10-11; perhaps it can also help some of you. in the same sentence. However, Amalia Isaa, Ph D, of the The Pennsylvania General Assembly was in recess when University of the Sciences stated, “Criminal justice in this newsletter was published, but recently a hearing took the manner it is currently carried out is a health issue in place regarding Senator Greenleaf’s SB1153, tackling its own right.” changes to the Post Conviction Relief Act (PCRA). See Facts that were highlighted in the session include: Legislative Highlights on page five for details.  25 percent of former offenders are homeless upon Don’t miss Executive Director William DiMascio’s col- their release Their death rate is highest in the first umn on page 16. He writes about the evolution (or devo- lution) of the commutation process in Pennsylvania. (See Public Health, continued on page 13) 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 ― May 2012 Our Voices Spotlight INAPPROPRIATE BEHAVIOR AT SCI MUNCY DECARCERATE PA MARCHES ON PHILADELPHIA by Dana Lomax-Williams, OP-2743, SCI Muncy by Cory Clark, Occupy Philly Media I wish to expose some of the overlooked sexual violations and injustices that we at SCI Muncy endure every day. One issue is how we are searched by one of the male instructors On April 5, Decarcerate PA held a series of marches (who also is a supervisor) in the dietary department. It’s and rallies in Philadelphia. Decarcerate PA was formed understandable that policy mandates that we be searched in 2011 in response to the proposed $685 million expan- upon leaving the kitchen. However, for him to touch us in sion of the Pennsylvania prison system. inappropriate places is completely unacceptable. Many women were fired after complaining about him. Most wom- SCI Graterford near Collegeville is set to have two new en already have pre-existing sexual abuse issues, and this state-of-the-art maximum security prisons built on the just makes them feel violated again. We complained to his grounds of the old one, with another scheduled to be built at supervisor, and she concluded that it was appropriate. Are SCI Rockview — each costing about $200 million. Former you serious? I would love to see her searched — or perhaps Secretary of the Department of Corrections Jeffrey Beard her daughter. Maybe then her views would be different. initially proposed the expansion before he left the office. Why can’t the female officers search us? Not all staff are disrespectful in this manner. Most are Beginning at 2:55 p.m. in front of Governor Corbett's very respectful, but there are a few who are like the man I Philadelphia office at 200 South Broad Street, members mentioned. If we file a grievance, procedure demands that of Decarcerate PA announced their Three-Point Platform we are placed in the hole or lose our bed date. If a prisoner is that calls on the governor and the state legislature to stop on pre-release, it’s doubtful she will go that route. It is also a building new prisons, reduce the number of incarcerated, well-known fact that officers and high officials have had and reinvest that money into communities and schools. sexual relationships with the inmates, and some still are. After successfully working in the dietary department At 3:30 p.m., they marched toward Philadelphia City twice, I refused to be sent back there, explaining why I Hall. Continuing on to the Criminal Justice Center at did not want to work there. I was denied the opportunity 1301 Filbert Street, they met up with a rally for the re- to work anywhere else. I wrote our programs coordina- lease of Mumia Abu- Jamal. Pam Africa was speaking tor, our major, and our lieutenant — no one responded. about the activist/journalist’s recent release from death So, I wrote our Executive Deputy Secretary of Correc- row and calling for his life sentence to be commuted. tions, Mrs. Shirley Moore-Smeal at Camp Hill. Miracu- Members of several advocacy groups then spoke out lously, I was called down to the security office by Cap- about prison conditions, juvenile life sentences without tain Powley. He told me that I made a lot of paperwork parole (JLWOP), and mandatory sentencing policies. for him. REALLY! I asked him what he suggested I do if I wanted to work. He told me to go back to the dietary “Mandatory Sentencing doesn’t allow for any mitigat- department, and excused me from his office. I wrote our ing circumstances,” said Atiba Kwesi, Executive Director employment officer and was scheduled two different in- of And Justice for All, a program that helps former of- terviews. Both were cancelled. The supervisor said he fenders get their records expunged. “Prosecutors have was told NOT to hire me. So, does it really pay to exer- the power to impose mandatory sentences on people to cise your chain of command? You be the judge. pressure them in to taking deals they otherwise would Editorial note: We have received other complaints of not have taken.” misconduct at SCI Muncy, and have discussed them with Nancy Giroux, Superintendent of SCI Muncy. We recently The day ended with a march to Love Park at 4:45 p.m., received a letter from her in which she says: where they called for a “housing-first” policy so that "The origins of these recent complaints surround a re- those without a home can be placed in an apartment re- cent change to policy that subsequently led SCI Muncy to gardless of their mental state or addiction situation. The hold training on proper pat search technique for all per- reasoning is that it is easier for them to get needed treat- sonnel who conduct searches. In addition to the proper ment if they are in a stable living environment. pat search technique staff is acutely aware that the popu- lation they serve are often subjects of abuse." Ironically, America has the highest persons per capita We hope that, due to the proper training mentioned, the incarcerated in the world – more than countries that are number of these incidents have decreased. considered to be the worst human rights violators. 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 ― May 2012 Mrs. GE-6309 Time DEATH ROW by Reesy Floyd-Thompson May Birthdays SUPER SPOUSE SYNDROME Michael Bardo Manuel M. Sepulveda CP-9596, GRN FH-1368, GRN In the beginning of my husband's incarceration, I wrote two to three letters a day. Anything he could have, I sent Richard S.Baumhammers Raymond Solano in abundance. I sat by the phone and stalked the mail ET-8465, GRN FK-6135, GRN carrier. I drove ten hours round trip every two weeks for a Stephen Edmiston Andre Staton one-hour visit. I ate, breathed and slept commissary, vis- BC-7886, GRN GR-3024, GRN its, calls. I forwarded calls to my cell. I promised I would always be there and doing so meant never missing a call. Leroy Fears Patrick Jason Stollar One Sunday morning, I ditched my commitment to CQ-7760, GRN HM-3365, GRN lead worship to go home to retrieve my forgotten phone. I Harve Johnson William Wright, III missed a call soon after this. I was devastated. My ve- JG-7444, GRN DV-2181, GRA neer cracked. I was always on the edge of a meltdown. The proverbial “S” on my chest faded. Reginald Lewis GRA = SCI Graterford AY-2902, GRA PO Box 244 I was in the advance stages of “Super Spouse Syndrome.” Graterford, PA I overcompensated to make up for lost time and worse, to Noel Montalvo 19426-0244 keep up with the Joneses — prisoner wife edition. FH-9391, GRN Super Spouse Syndrome is easy to cure. Here’s what Albert Perez GRN = SCI Greene you can do if you are trying to leap tall prison sentences JB-2916, GRA 175 Progress Drive in a single bound: Waynesburg, PA William Rivera 15370-8090 1. Talk to your partner. Ask about expectations. You DN-4295, GRA may find you are doing far more than what he/she requires. If two letters a week are acceptable and you are writing five, let go of three. If you seek to do more than what is necessary, examine the reasons why. 2. Learn to say, “No.” Stop creating impossible ide- If you do not want your name published, send a letter to als; have a relationship not powered by incarcera- Graterfriends each year you do not want it to be included. tion. Ask yourself if it is realistic to do everything. Be sure to note your date of birth. Don’t equate volume with love. 3. Push back peer pressure. People love giving ad- vice. Keep the inner workings of your relationship to yourself. (Note: The wives you are emulating are probably in the midst of the syndrome and in case you haven’t heard, the Joneses are faking it.) CROSSWORD SOLUTIONS 4. Take a day “off”- Spend the day doing nothing. Pamper yourself. Decompress from all things prison-related. Below are the solutions to crossword puzzles printed in this Today, I write whenever I feel the need, whether one issue and the previous issue of Graterfriends. letter a week or a month. I visit when finances allow and our calls are more manageable. As a Super Spouse, I April 2012 May 2012 tried to cram years into minutes. Now I use minutes to create moments within the years. I cannot erase the ef- fects of incarceration; therefore, I work within my limits. However, I am not any less super. Ask my husband. Reesy Floyd-Thompson is the founder of Prisoners’ Wives, Girlfriends, & Partners (PWGP). For more information 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 ― May 2012 Legislative Highlights Ann Schwartzman Policy Director, The Pennsylvania Prison Society The Pennsylvania General Assembly is on recess for the holidays and then later for the upcoming elections. They are considering several criminal justice bills and holding numerous hearings as the list below describes. BILL NO. DESCRIPTION CHIEF SPONSOR PPS POSITION PRINTER NO. HB 1994 Amends Title 61 (Prisons and Parole) of the Pennsylva- Rep. J. Preston Support PN 3326 nia Consolidated Statutes, in Pennsylvania Board of D-Allegheny County Probation and Parole, providing for the reduction of sentence for certain minors under 18 when the crime was committed and sentenced to serve at least 10 years in prison, or received a life without parole sentence and served up to three years on that sentence. (Referred to House Judiciary 4/2/12.) HB 2187 Rep. W. C. Thomas Support Amends Title 61 (Prisons and Parole) of the Pennsylvania PN 3066 D-Philadelphia Consolidated Statutes, in miscellaneous provisions, estab- County lishing the Pennsylvania Interagency Council on Inmate Reentry. (Referred to House Judiciary 2/8/12.) HB 2256 Rep. R. Waters Support Amends Title 42 (Judiciary and Judicial Procedure) of PN 3228 D-Delaware and the Pennsylvania Consolidated Statutes, in sentencing, Philadelphia counties providing for consideration of race in sentencing in capi- tal cases. (Referred to House Judiciary 3/16/12.) UPDATE ON SB1153: THE POST CONVICTION RELIEF ACT A hearing on March 30 to hear testimony on SB1153 was sponsored by the Senate Judiciary Committee. SB 1153 was authored by Senator Stewart Greenleaf (R-Montgomery County). It provides for changes in the timeframe of filing for post conviction relief. The deadline would be changed from 60 days to one year from the date of the claim. If there is a miscarriage of justice leading to a conviction of an innocent individual, there is no deadline. Some of the witnesses testi- fying included: Marissa Bluestine, Esq, (Legal Director of the Pennsylvania Innocence Project), James McCloskey (Founder and Executive Director, Centurion Ministries), Vincent Johnson (a former prisoner who was found to be inno- cent of the crime for which he was imprisoned), and others. UPDATE ON THE EFFECTS OF PARENTAL INCARCERATION ON CHILDREN: NEEDS AND RESPONSIVE SERVICES Another hearing on March 30 was sponsored by the Pennsylvania House Democratic Policy Committee to discuss the report about children of incarcerated parents, based on SR 52 (sponsored by Senator Stewart Greenleaf) and HR 203 (sponsored by Representative Cherelle Parker). Members of the Committee were joined by other House and Senate members, and City Council Member Marian Tasco. Witnesses included: Ann Schwartzman (Policy Director, Pennsylva- nia Prison Society), Ann Adalist Estrin (Director, National Resource Center on Children and Families of the Incarcer- ated Family and Corrections Network), Kathleen Creamer (Staff Attorney, Stoneleigh Foundation Fellow, Community Legal Services), Keeva King (child of an incarcerated parent), Reuben Jones (Founder/Director, Frontline Dads and a former offender), and several others. 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 ― May 2012 he stated that Kidd had done so “in his passion.” Legal Chat Surely, had the Crown’s tyrants been compelled to com- ply with Brady vs Maryland (Supreme Court – [U.C. 1963]; Pa.R.CR.P #573[B]), and disclose these prior in- consistent statements, the outcome of Kidd’s trial would have been different. He probably would have been found guilty of manslaughter, not outright murder. DISCRIMINATION AGAINST LGBT PRISONERS In his subsequent trial for piracy, Kidd’s exculpatory evidence — two French passes taken from the ships at I first would like to say “Hi” to all my fellow inmates. issue — were misfiled. Kidd complained of the unavaila- My name is Juicy. I’m 25 years old. I am sharing some bility of these passes, to no avail. These passes were later information with my fellow LGBT inmates that will discovered in the wrong file —TOO LATE, then. Captain help you if you need to file a grievance against staff for Kidd was dead, his corpse hanging in irons at the mouth abuse, harassment, or discrimination. This is known as of the Thames river. sex-stereotyping under 18 USCA Section 249: Hate Crime Motivation. You can press charges because you An additional bit of stark irony: can get jail time on the street for acting out against us. “In 1670, William Penn, future founder of Pennsylva- Next is under 42 USCA 1514: Harassment. That’s nia, along with anther staunch Quaker, Henry Mead, another constitutional right you can use in your claims. was charged with preaching to an unlawful assembly at You can use 5 USCA 556: Due Process in your miscon- Friends Meeting House in Grace Church. The judge grew duct appeals for being denied a fair hearing. All inmates so infuriated at Penn’s legal arguments he threatened to can use this information if they believe they are being have his tongue cut out. Against all odds, the jury came discriminated against. You must use this information back with a verdict of not guilty for Mead and found for yourself if you proceed to file in federal court against Penn guilty of preaching, but not of the much graver state and federal officials. charge of holding unlawful assembly. The Lord Mayor The next issue is that we all need to come together as ordered the jury locked up overnight without meat, one to fight for our rights because if we don’t fight for drink, fire, or candle, ‘We will have a positive verdict or them, nobody will. Keep strong and don’t let anyone you shall starve for it,’ he threatened. The jury was kept discourage you from doing what’s right and best for you. an additional day and night but refused to change their verdict; they were ordered locked up in Newgate until William “Juicy” Coward they each paid a fine of forty marks (thirteen shillings). JS-6508, SCI Huntingdon (The Pirate Hunter: The True Story of Captain Kidd by Richard Zacks, 2002 Hyperion Books, Page 357.) CAPTAIN KIDD COULD HAVE USED A LITTLE It is most ironic then, that 340 years later the trial courts here in “Penn’s Woods” systemically DENY with- BRADY VS. MARYLAND out reasoned opinion, every pro se defendant (as Penn surely was) who petitions or motions the court. Anyone Captain William Kidd, the purportedly notorious pi- who has taken the time as a pro se defendant to study rate, was ultimately found guilty by jury for his alleged and fashion a meritorious legal argument (as Penn’s crimes. He was sentenced to death by hanging in Eng- surely was) in an attempt to vindicate his rights on his land, 1669. A little known fact is that Kidd was first in a own behalf — (after court appointed counsel has complet- succession of trials where he was found guilty of mur- ed his purposeful tour of duty) has experienced this type der. In his murder trial, an eyewitness testified to have of tongue cutting by the trial court. seen Kidd pacing the deck of his ship before deciding to strike the victim with a bucket. However, in a previous deposition, this same eyewitness had stated that he was Randy Carl Hinckley below deck when Kidd struck his blow; and, moreover, GE-9649, SCI Coal Township When submitting a letter or column to Graterfriends for publication, please remember to attach a letter (or note on your submission) that it is for publication and that you are the original author; date and sign the declaration. Thank you. 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 ― May 2012 here, we notice many are still with us; but we also realize that many have passed away. Some of them are some- Mailroom where sick and looking for better days to come their way. So, I pray for those who are still around and I say, “Keep teaching and putting men and women on the right path.” A lot of us are losing brothers and sisters in here. To be straight with you, I cry, and tears fall from my cheeks. I have constant thoughts and prayers for those precious ANOTHER THOUSAND DOLLAR FIX FOR A lives lost. We must keep in mind that they were fathers HUNDRED DOLLAR PROBLEM and brothers and sisters and mothers. And, some were more than that, you feel me? For just over five months (at least 150 days) the food cooler at SCI Greensburg was out of service. It broke So, I say to you: eat right, exercise and stay healthy so down again; it’s over 25 years old. The DOC rented a 48- you can have a shot at getting back to your family and foot refrigerated trailer box that ran on diesel fuel. loved ones. If you can help it, do not die in prison. To the Maintenance staff put 15 gallons of diesel in the tank others who already met this terrible demise, I say, “So each and every day. Even if the DOC got the fuel for $3 long, my friends.” per gallon, multiplied by 15 gallons, that’s $45 per day. Vincent Boyd Multiplied by 150 days, that comes to $6,750, Plus, the AM8121, SCI Albion cost of the rental truck box. (These figures were very con- servative, as it was closer to 169 days and $4 per gallon). Within a week of my writing a letter to the editor of the PUNISHMENT ALONE IS NOT THE ANSWER Harrisburg and Greensburg newspapers, repairmen came and fixed the cooler, which I was told cost about Editorial Note: Below is a copy of a letter that Mr. Lusik $450. This money could have been better spent providing sent to State Senator Stewart Greenleaf. Mr. Lusik re- us with better programs and/or maybe a little more food quested that we reprint it here in Graterfriends. on our trays. I ask as many of you as possible to clip this story and send it to the governor. As an inmate of the Pennsylvania Department of Cor- rections, I believe it is time for someone to investigate Darren R. Gentilquore the complete failure of the DOC to make pro-social indi- GX-1572, SCI Albion viduals out of the current 51,000 incarcerated inmates. The cold, harsh reality of the matter is that the state and county prison systems are bursting at the seams SO LONG, MY FRIENDS with parole violators and inmates who are being held beyond their legal minimum sentences for lack of pro- This is for all the men and women who come to prison gram completion. looking good and healthy but never make it back to their loved ones. So, I say, “Farewell, my friends.” This matter has reached the point of being beyond all hope. Let me be more clear. Inmates are placed on year- It’s been nice knowing you and the wise and strong long waiting lists to get into yearlong programs and then words you have always found time to share with me. You are often expelled for petty violations, clogging the entire helped me see things in the right light, and along the system. Parole violators are mandated to do these pro- way you have always told me the real deal about every- grams on the street and are being likewise sent back to thing. So again, you will be missed. prison for petty violations. (i.e. having a cell phone, late I heard the bad news, and the pain hurt me deeply; curfew, etc.) but, in life we all understand that we are born to die and As a former District Attorney, you know well that an everyone has a turn. Just now it was yours. For those inmate needs to be given a fair chance to grow under who knew you and took the time to understand you and circumstances that help create a positive change in atti- the wisdom you had to share, they received something tude. When inmates see their peers successfully complet- invaluable. I say to you, “Thanks, my friend.” ing programs and making parole, that encourages them Some would say that you’re at peace, but I will say to do the same. your journey has just begun. The Lord will take you from The addiction to the punishment mentality of the 1990s here, so walk tall like you did here and you will be fine. must come to an end. Nationwide polls have found that It’s sad to see so many people we call friends dying in the public does not support a “lock ‘em up and throw prison, but it’s happening at a fast rate in Pennsylvania away the key” mentality. and across the country everyday. It’s so sad to come to David Lusik prison young and die old with nothing. It happens daily CA-3760, SCI Albion in these warehouses. When we as prisoners sit back and think of all those who helped us along the way while we’ve been stuck (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 ― May 2012 WHEN DO LIFERS GET A SECOND CHANCE? opportunities in legitimate enterprise. But we still often talk about starting a business or investing for our fami- lies’ futures. A business channel such as CNBC not only Free your mind and heart of all the preconceived and offers information about markets, but also has program- manufactured ideas about lifers. Lifers are misunder- ming about starting one’s own business, financing one’s stood, underrated, ignored, and basically relegated to goals, saving for the future, and planning for retirement. being carried out of these institutions in body-bags due to old age, loneliness, snuffed-out spirits, fatal diseases, Business channels also discuss economic trends and homicides, suicides, abandonment, and a lot of people’s developing job opportunities. Even though watching a wishes for lifers’ instant and constant sufferings. This business channel may not always be your first choice, it goes against God’s will, especially for those lifers who is hard to argue against having the option of one that have made it a point to rehabilitate. allows us to set more informed goals and objective for our Lifers have accomplished much and still contribute economic freedom. An additional advantage with CNBC much as facilitators, leaders, mentors, and teachers to as a choice is that they also have Olympic Games cover- many of the young and old lost, convicted souls. age as well as travel specials. Free your mind and heart of all preconceived and man- I would hope that you would take the time to write and ufactured ideas about lifers and come talk with us. Come voice your support for these two channels. Please try to and see for yourself, why you should be advocating for include honest reasons (such as those listed above) as to parole for lifers and not having them wasting tax dollars, why they would be important to you. If you agree with this adding to these overcrowded institutions, and eventually position, write. Just agreeing will probably not be enough. perishing inside these razor wire fences and sandstone walls. Subramanyam Vedam AK-7129, SCI Huntingdon Deserving lifers should get that proverbial second chance since there are 5,000 plus and counting. SE- Editorial note: We recently received a memo from Mr. Jef- COND CHANCES! When do lifers get theirs? Especially frey Witherite to include in Graterfriends. The text is below. when lifers are less likely to recidivate? To all state prison inmates: Thanks for hearing us out. may God bless and keep you. Ronald L. Smith, aka Baye Camara The current cable TV channels that you receive are AP-0580, SCI Coal Township what are contracted to the DOC. We understand that you may have suggestions about channels you would like to see added or deleted; however, at this time there are no plans to change the current services that are of- WRITE LETTERS REQUESTING IMPORTANT fered. Prior to any changes to the system being made, you CABLE CHANNELS will be notified of the changes and of any price changes. If you have further questions about the current cable TV Recently, there was a letter in Graterfriends stating system line up or prices, those issues should be directed that the Pennsylvania DOC Staff Assistant, Mr. Jeffrey to your prison administrators. Witherite, had said, “We will take into consideration inmates’ requests for changes to the channels provided and will discuss possible changes when the contract is renegotiated.” VISITS FOR PROFIT I encourage all inmates to request that two channels — i.e. PCN and a business channel — be included in any In January 2012, I wrote to the Prison Society concern- new package. I realize that these two channels are not as ing an article about the privatization (for-profit) of pris- popular to us (myself included) as sports, music and movie on video visitations. Since the Prison Society has been a channels, but they are still important to us nonetheless. bellwether in virtual visitations (creating its own pro- PCN covers our state’s legislative sessions and commit- gram in 2001) I was seeking some firsthand information. tee hearings. It provides us knowledge of upcoming legis- The Prison Society was aware of JPAY’s focus on corner- lation and concerns that directly affect our present situa- ing the virtual visitation market but felt that for the tion, our future, our families, and our communities. It short term, at least, the present system was safe. allows us to have the awareness to be an active part of To my dismay, I read in the recent edition of Correc- Pennsylvania’s concerns, and thus be positive members tional Forum that after a brief expansion of the virtual of change in our society. An added benefit is the coverage visitation program, the Prison Society was forced to dis- of state sports championship games in which many of continue the service due to a lack of funding. our family members, friends and neighbors participate. A business channel can be equally beneficial. Many of My concern is not so much the possible privatization of us here already have an entrepreneurial streak. Unfor- the virtual visit service at all Pennsylvania State Pris- tunately, in the past this may have manifested itself in ons by JPAY or some other enterprising profiteer, but something illegal because of a lack of knowledge of the that the very real possibility exists that contact visits 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 ― May 2012 could easily become a thing of the past as these would prisoners and their families and continuing to punish in- compete with the “for-profit” venture of the contractor — mates for crimes that happened 5, 10 or even 20 years ago. not to mention the guaranteed “kick-back” for the Penn- When is there going to be positive change that benefits sylvania DOC. all: victims, society, and the prisoners who want to change? Of course this hasn’t happened yet, but the stars cer- Jessie Keith Blough tainly seem to be lining up for it to occur. I’m just saying! HQ-7572, SCI Albion Preston B. Pfeifly AK-7971, SCI Rockview IN RESPONSE TO: MOTHER MARY (FEBRUARY GRATERFRIENDS) FORGOTTEN FAMILY VALUES I agree with you, and I’m certain that there are many Everyone is quick to get the dollars together for pris- other men and women within these institutions as well ons. Everyone knows just how to build communication to as outside who want to take action to alleviate the extor- get talks together about housing inmates in other states. tion that has been taking place with the phone system in We don’t focus enough, though, on family values. Welfare Pennsylvania. The DOC receives a 44.4 percent kick- is a loss if there’s no one to collect the check! Family val- back, which amounts to $7.5 million! Where is this mon- ues are all but forgotten. Centers for Disease Control ey going, anyway? Anyone interested in this just cause help families keep from being created by giving birth should write to: control to women. People help keep families from being Michigan Cure created by abusing drugs and committing crimes. P.O. Box 2736 What happened to the home? Where did the care for the Kalamazoo, MI 49003-2736 family go? Supporters for more prisons don’t see the trou- They will take some basic steps for achieving this goal. ble with forgetting family values. All they see are the If anyone else has any information to help this cause, dollar signs. “Who is the mother, and who is the father?” please provide it. It doesn’t matter. “Who is an inmate” is what the ques- Michael Santiago tion is. Now that we have a prison, who will support the DW-6270, SCI Albion broken family? The parent is the inmate and the child is the victim. It doesn’t matter who’s to blame. The focus must return to family values or there will be no children. ATTENTION VETERANS Everyone will be inmates. Everyone will be victims. RAS-I ALL-JAH-NOOH We are now making preparations for our operations in HK-9886, SCI Chester 2012. We have completed an organizational chart which depicts what services we will all benefit from. However, we must get more people involved and we need more COMMISSARY donations. We are asking you to ask a friend or relative to help us build and serve the incarcerated veterans, who It is nice to hear you support us on the commissary have criminal cases with merit, and need to be reviewed issues, soups which went up from 24¢ to 28¢. This seems by the Department of Justice. The time bar prohibits a bit much when on the street you can buy 10 or 12 for a veterans from appealing their cases. dollar at some stores, and $2.97 for 4 oz. of coffee. I un- We need to hire attorneys to represent the seventy-two derstand they have to cover costs, but the DOC is mak- veterans who are on our mailing list. One veteran has ing pure profit off the prisoners and their families, when already told us, “Your best bet is to free a vet.” As you the DOC is supposed to be a non-profit agency. It makes already know, we must help ourselves, pull everyone me wonder how much of the price increases go to over- together and be committed to the mission — FREE A head costs and how much goes to pure profit for the DOC VET. We need your help. Your five or ten dollars can administration’s pockets. help hire an attorney to look into these cases. If everyone I feel a happy medium can be achieved. Collect in- pitches in and sends a donation, we will be that much mates’ dollars while encouraging free enterprise in Penn- closer to getting a criminal defense/appeal team to repre- sylvania, giving work and tax dollars back to Pennsylva- sent the seventy-two veterans. nians. We don’t need to rely on out-of-state companies to We will be addressing eight critical areas of operation: provide commissary to our prisons. When jobs, tax dol- legal research, transitional housing, transportation, VA lars, and fair pricing are kept in-state, everyone wins. claims/benefits, finances, public relations, recruitment If the DOC can spend $500 for office chairs for the and a mail clerk. We will attempt to fill these positions COs, why can’t they afford to provide things like good, at our next meeting. Until then, please have your family fair commissary prices, corrective programs and educa- members or friends contact us. And you can send your tion to the inmates who are truly committed to bettering donation to help with the operational expenditures. Ask themselves, not committing any new crimes and being yourself, “What can I do to help?” productive, law-abiding citizens? Melvin Dill, President But no, the DOC wastes dollars in making money off of Veteran Legal Foundation Incorporated 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 ― May 2012 HOW TO GET BACK TO A STATE PRISON AFTER BEING SENT TO A COUNTY JAIL By Dante Overby, GZ-5437, SCI Rockview If you are a state inmate whose maximum sentence is monwealth Court, asking the court to encourage the warden more than five years, and you’ve been sent to a Pennsylva- to “commit you to the Department of Corrections for confine- nia county jail to serve that sentence, these step-by-step ment,” as mandated by § 9762 (a) (1). You must do the exact directions can help you get back to a state prison. By fol- same thing for the state grievance, but use the name of the lowing these steps, I was allowed to move back to a state Superintendent of your state prison name as respondent. prison after I was sent to a county jail. In your mandamus, you must explain: 1. What Commonwealth Office or Officer (i.e. the DOC or A. Understanding why you should not be committed one of the Wardens) to a county jail to serve your state sentence: 2. What duty did they fail to perform (i.e. failed to commit If your maximum sentence is more than five years, you you to the DOC for confinement) must serve your time in a state facility. For example, I was sentenced to 11½ to 24 years. My “maximum term” (or my 3. What right do you have to the performance of this duty max) is 24 years, and that’s way more than five years. 42 (i.e. 42 Pa. C.S.A. § 9762 (a) (1), which states…[see sec- Pa. C.S.A. § 9762 (a) (1) states that “(a) all persons sen- tion A of this article]) tenced to total or partial confinement for the following 4. And what remedy you are seeking (i.e. to be committed terms shall be committed as follows: (1) maximum terms to a DOC facility “for confinement”) of five or more years shall be committed to the Depart- ment of Corrections for confinement.” C. What to do if your grievance is not answered in a Further, the Pennsylvania Supreme Court said that, “in timely manner: Allegheny County 1, we held that the DOC must accept and More than likely, both the warden of the county jail and confine all persons committed to its custody pursuant to 42 the superintendent of state prison will try to impede this Pa.C.S. § 9762 (1), which encompasses persons receiving a grievance process by failing to respond in a timely manner. maximum sentence of five years or more, such persons are If this happens to you, like it happened to me, your next committed to the custody of the DOC. In these cases, there move is to file a writ of mandamus to the Commonwealth is not discretion to be exercised by the DOC; rather, the Court, asking the court to encourage whomever has not an- legislature has directed where custody is to be vested and swered your grievance in a timely manner to do so immedi- the DOC has no choice but to provide placement in one of ately. Again, you must address the four points that I de- its facilities for confinement.” (see County of Allegheny v. scribed at the end of Section B, but in the grievance context. Commonwealth of Pennsylvania, 544 A2D 1305, 1307-1308 For example: [Pa. 1988], citing County of Allegheny v. Commonwealth of 1. What Commonwealth Office or Officer is failing to re- Pennsylvania, 490 A2D, 412 [Pa. 1985]). So I was not sup- spond to your grievance posed to have been “committed” to a county jail to serve my state sentence. 2. What duty did they fail to perform—they failed to an- swer your grievance on time To reiterate, if your max is more than five years 42 Pa. C.S.A. § 9762 (a) (1) applies to you, and you should not 3. You have to state what policy entitles your to a timely have been committed to the county. response to your grievance 4. The remedy you are seeking is for the respondent to B. What you must do to get back to a state jail: answer your grievance immediately, otherwise your 1st and 4th Amendment right to petition the court will be In order to address this issue, you must use both the state and the county grievance systems. Both grievances impeded, in that, in order to seek court intervention, I should state (using Clinton County Jail as an example): must exhaust my administrative remedies, and I can’t do that if the respondent doesn’t respond. “My commitment to the Clinton County Jail violates 42 Pa. C.S.A. § 9762 (a) (1), because § 9762 (a) (1) states that: Note: When filing your writ of mandamus, be sure to send a (see Section A for what § 9762 (a) (1) states)—REMEDY: copy to the respondent and a copy to the court via certified Please commit me to the Department of Corrections for mail, and keep one copy for yourself. This is to prove that you sent it in case the copies get lost. confinement as mandated by § 9762 (a) (1).” Note: In the contract between the DOC and Clinton The address for the Commonwealth Court is: County Jail, section 13 (B) states that “the County shall Commonwealth Court forward to the Department [of Corrections] all such griev- 601 Commonwealth Ave. ances that pertain to the legality of the inmate’s detention, Harrisburg, PA 17120 sentence, transfer or alleged prejudice due to the inmate’s incarceration at the county. The Department shall be re- D. Challenge the conditions of your confinement: sponsible to further process and respond to such grievanc- es. The County shall forward such grievances to the De- I’ve been there and I know that everything from the law partment within one business day of the time that they are library to the living spaces is nuts! You must file another received by the County.” Be sure to mention this obliga- county grievance to address the conditions of your tion in your county grievance! confinement. Once you successfully complete the grievance process, Because I know that the law library in my county jail does your next move is to file a writ of mandamus in the Com- not allow you access to 3rd Circuit case law (or any other 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 ― May 2012 Circuit Court case law, for that matter), I’ve included the you are housed in a dorm doesn’t mean that you are not conditions I’ve witnessed and complained about, and the entitled to “the evolving standards of decency.” (see relevant case law that you should quote concerning those Tillery, supra.) conditions in your attachment to your grievance (because  Inadequate Ventilation: One block at my county jail everything won’t fit on the official grievance form). See had no ventilation inside the cells. “Insufficient ventila- Appendix A. tion, which undermines the health of the inmates and Immediately after you file the county grievance about the sanitation of the institution, itself violates the 8th these conditions, three people should be contacted: amendment.” (see Tillery v. Owens, 719 F. Supp. 1256, 1. The county commissioner responsible for overseeing 1271 [W.D. Pa 1989]) the your county jail. Send him a letter via certified  Unsanitary Showers: The shower floors at my county mail, putting him on notice about the conditions of your jail, if they have not been fixed, have a dip in them confinement just in case you have to go to court. Keep which allows water to puddle up over your shower a copy for yourself. shoes, subjecting your feet to the germs and bacteria 2. Mr. Angus Love, Esq., from everybody that showered before you. This is un- The Pennsylvania Institutional Law Project sanitary, and “sanitation is one of the basic human 718 Arch St., Suite 304 S needs guaranteed by the eighth amendment.” (see Till- Philadelphia, PA 19106 ery v. Owens, 719 F. Supp. 1256, 1271 [W.D. Pa. 1989], Explain to him the conditions you’re living in, see what citing Union County Jail Inmates v. DiBuono, 713 F2D kind of assistance he can offer, and request a copy of 984, 984 [3rd Cir. 1983]) the Prisoner’s Rights Handbook and the Jailhouse Lawyer’s Manual. You’ll find all the case law you need Appendix B: Document Formats: in them. 1. Grievance Attachments: 3. Graterfriends. The address is on page two of this news- letter. The attachment to your grievance should begin like this: For the three months that I was in the county jail, I did ATTACHMENT TO COUNTY (OR STATE) GRIEVANCE # not receive one Graterfriends newsletter, and I’ve been a member for at least four years. If this is the case with ----------------------------------------------------------------------------- you, contact Mr. William DiMascio at Graterfriends A. Mandamus and let him know that this is happening to you. The beginning of your mandamus should look like this: E: In closing: IN THE COMMONWEALTH OF PENNSYLVANIA Please see the following sections for a few document for- mats for those who are not familiar with legal writing. PETITION FOR WRIT OF MANDAMUS In case you don’t know, there’s strength in numbers, so Now comes YOUR NAME, Petitioner, to this Honorable get as many people as you can to join you, even if that Court seeking a writ of mandamus, encouraging a Common- means that just one of you will do the paperwork and just wealth Officer to perform a purely ministerial duty of his/ one of you signs it. That’s what I did, and it worked for me hers. and everybody that signed. MR. YOUR NAME attests to the following in support of being granted a writ of Mandamus: Appendix A: Case Law About Conditions Your second county grievance should address substandard (and then explain the four points from Section B) conditions. Some I have encountered are listed below: PROOF OF SERVICE  Inadequate Law Library: My county jail law library Your proof of service should look like this: did not have case law from any of the Federal Circuit Courts, and there was no “assistance from legally B. Proof of Service trained persons” to file papers. (see Tillery v. Owens, I, YOUR NAME, hereby certify that I am this day serving 719 F. Supp. 1256, 1281 [W.D. Pa. 1989], citing Bounds a copy of the forgoing document upon the below named Par- v. Smith, 430 U.S. 817, 828 ]1977]). This amounts to a ties via certified mail: violation of your 1st and 4th Amendment right to access to the court. (The court and the respondent’s names go here, one on top  Inadequate Cell Space: A survey of the case law on of the other, along with the type of mail service you used next this issue reveals that 60 to 70 square feet per cell con- to their names, then sign and date the bottom of the page.) stitutes the present ‘evolving standard of decency’ re- garding cell space per inmate.” (see Tillery v. Owens, 719 F. Supp. 1256, 1270 [W.D. Pa. 1989], quoting In- mates of the Allegheny County Jail v. Wecht, 699 F. Supp. 1137, 1144 [W.D. Pa. 1988]). The two main cells at my county jail are not 140 square feet, which is the Thank you Mr. Overby for taking the standard amount of space required for a two-man cell, according to the above cited case law. time to put together this information However, if you live in a dorm style setting, there is not and send it to Graterfriends so that we 60 to 70 square feet of space per inmate. Just because may share it with others. 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 ― May 2012 Think Pssst… About It Pass the Word WILL PA. INMATES WORK TOGETHER TO JUST CHOOSE ONE OR THE OTHER DECREASE THE PRISON POPULATION BY by David Allen, AP-9132, SCI Greensburg BEING PART OF THE SOLUTION? by Allen Ross, AJ-1152, SCI Greene With the addition last year of a new CAS at SCI Greensburg (a transfer of staff from SCI Albion), the facility’s Activities Department has undergone many It was a cloudy, melancholy, dark day coupled with the changes. Of note is the development of a rowing program ambience of SCI Greene’s chow hall, silent and filled with resulting in the construction of the first rowing room in inmates eating breakfast. I was waiting in line to receive an area of the prison that had been the home of the pris- my breakfast tray while I was conversing with an inmate on’s music instruction classes and various inmate treat- about how the prison system has changed during the ment programs. Later this year the Activities Depart- past couple of decades. ment opted to relocate its rowing program and renovated Essentially, only if inmates can stop being judgmental a second rowing room in an abandoned classroom space. toward other inmates can we alleviate animosity toward The program, which I assume is somewhat costly (the each other. Then we can come together as a collective renovation of two separate rooms, eight rowing ma- whole to focus on the real problems of Pennsylvania’s chines, air-conditioning, stereo system, television, furni- over-crowded prisons. ture, etc), is relatively limited and can only accept eight of the facility’s inmates in its single class enrollment (a In the late 80s, the prison population was half of the per class participation of less than 1 percent of the pris- current prison population. Yet in the late 80s there was on’s 1100 inmate population), causing some contention unity among inmates as opposed to today. There is no among the residents of the institution, as funding and unity among inmates in Pennsylvania prisons, where staff availability for other programs has been reduced. over-crowding conditions and other germane issues exist. “So what if it costs them a lot,” some of the men have Pennsylvania has 26 state correctional institutions argued, “it doesn’t cost us anything!” Sadly, the truth is that currently house 51,336 prisoners, which really ex- that it has cost the men dearly in ways they haven’t yet emplifies Pennsylvania’s problem with over-crowded recognized. As president of the facility’s inmate organiza- state prisons. tion I field daily complaints as to why one program and We inmates, held in captivity in these state prisons, event after another is either closed, canceled, or post- have an arduous job ahead of us: we must convincingly poned, and I must explain that the staff is no longer relay the adverse effects of coming to prison to young available to oversee those things because they have been people and adults in the general public. This task is not reassigned to supervise rowing classes now. “But,” the easy to accomplish because of the rhetoric the populace men bemoan, “they are taking everything from us,” receives from the mass media and government officials. pointing to the reduction in monthly envelopes, elimina- tion of inmate overtime wages, discontinuation of some State government officials have not alleviated prison of the treatment programs and the closing of the prison’s over-crowding problems in Pennsylvania. visiting room on Tuesdays, Wednesdays and Thursdays. Crimes in Pennsylvania occur every day, and our Undoubtedly, the men have not yet understood that the young people are coming to prison with long sentences, building, re-building, equipping and staffing of a rowing in addition to adults becoming wards of the state. Crime program requires a great deal of both time and money victims are suffering the indelible effects of crime. This that has to come from some other places (i.e. other things will continue if we inmates do not set aside our differ- have to be cut or reduced). “Now they’re taking our ences to unite as a collective whole to decrease Pennsyl- morning and afternoon recreation times and giving us vania’s prison population. Each and every inmate in more stupid rowing instead,” the men lament as they Pennsylvania must get involved to change things in our begin to see more of their favorite events gobbled up by correctional institutions, to decrease the prison popula- the rowing agenda, and I can only look at them in pity tion by keeping our young people and adults out of pris- and disbelief as I try again to explain, “You men (not the on, and to stop them from ruining their lives and becom- staff) are the ones who keep signing up for the rowing ing wards of the state. program; you men are the ones who thought that the rowing program wasn’t going to cost you anything; you So, let’s make reducing the prison population a reality men are the ones who made the prison’s Activities De- in Pennsylvania. We can lessen the burden on the tax- payers by becoming part of the solution. (See Choose One, continued on page 15) 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 ― May 2012 Public Health, continued from page 2 Literary two weeks after their release, often due to having no home and no access to health care. Corner  A large percentage of Pennsylvania’s current prison population is nonviolent, behind bars for misde- meanors.  In Pennsylvania’s prisons, 17 percent of men and 48 BIGGER BROKEN HOME percent of women have diagnosed mental health by Zechariah “True” Thompson, HV-3696, SCI Forest issues.  A specialty court helps determine VA benefits avail- In this cell I lay again to witness the time, able for veterans so that they may better cope with and time I have spent…in a cell and in my mind. PTSD and other traumas suffered due to battle con- My thoughts race at a pace I can’t maintain, ditions. my sanity in question, because I’m too numb to complain. It becomes so loud here, so I drift into a zone,  Five years ago 60 percent of the prisoners in the only to be disturbed by the man on the speakerphone. Philadelphia Prison System were tested for HIV; today 80 percent are tested. Twice as many cases of My pictures are bitter memories, of a once existed past, HIV are now being identified and treated in jail. now nearly ten years later, those photos are only ash. I’m so afraid to change, because mistakes happen fast,  Prisoners leave the Philadelphia Prison System with so I try to fight the future, to rectify my path. at least five days of medication, plus a 15 day pre- I’ve become obsessed with metaphors, to avoid talking long, scription – if they can pay for it. Out of 5200 pre- addicted to relief, from a poem or from a song. scriptions last year, only 37 were filled.  The incarceration rate for women has grown by 800 I’m so used to chaos, I sleep better in madness, percent over the past twenty years. Most of these I wake up in this tragedy and write this rhyme in sadness. women are in their 30s and 40s and in prison for I try to test God, to seek the proof of his wrath, drug infractions and other nonviolent crimes. so I can believe and say, “I’m sorry” to the people at once I laughed.  Nearly 80 percent of the women entering SCI Muncy Maybe this is it. This sentence could be his will. have suffered various forms of abuse. A high propor- For a kid that killed a man, is given time to kill. tion of women enter prison suffering from PTSD and various addictions. But I’ve labored for them, and shown my growth, but never is it noted, Ms. Richman, focusing on public housing, said, “If just bias looks and unjust treatment, shows the system’s we’re going to make an impact on those coming out of motive. prison, we have to offer safe and affordable housing…If Easy to find what’s wrong, harder to find what’s right, we don’t spend now but spend three times as much in that’s what we live in. the future, are we really saving taxpayers’ money?” Motions denied, too empty to cry. Not hard to fail, not It was concluded that public health and criminal jus- easy to win. tice professionals must use science – empirical data and How long is long enough, for a man or woman who wants theory – to determine who goes to prison and who may a chance? qualify for alternatives to prison; the issue must be to prove they’ve changed, to show their love, and teach looked at in a holistic manner. their children how to dance? In addition to the Prison Society, the University of the This is how it feels, when you’re sentenced to be alone, Sciences in Philadelphia and LaSalle University’s Mas- far away from family, in an even bigger broken home. ter of Public Health Program sponsored the event. We need to correct some errors found in the March “Our Voices” column. The article entitled "Changes Needed at Muncy" by Jessie Alexander had the following errors (in bold italics): The second paragraph should read: What is offered within this institution is offered to those with an ex- pected release date and not offered to the inmates serving life. Part of the sixth paragraph should read: There is help from one long-time doctor's assistant but there are always constant new ones who do not show concern nor bring relief from pain and illness. We apologize for the confusion, and thank Jessie for letting us know. 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 ― May 2012 Solitary Confinement: Torture In Your Backyard is a 20-minute film created by The Nation- al Religious Campaign Against Torture as a resource for Announcements congregations to learn about the destructive use of pro- longed solitary confinement and to engage people of faith to call for an end to prolonged solitary confinement in their state. The film features several former prisoners discussing the mental harm they endured as a result of Preserving Your Claim Under the Prison being held in solitary confinement. Sarah Shourd, one of the three American hikers captured in Iran, who spent Litigation Reform Act (PLRA) is a new docu- 14 months in solitary confinement also describes her ex- ment that was recently sent to all of Pennsylvania’s state perience. Additionally, the film highlights how the reli- prison libraries. It was written by Alex Rubenstein, 2012 gious community in Maine helped secure a drastic reduc- Candidate for J.D. at Rutgers School of Law-Camden. It tion in the number of Maine prisoners held in solitary is intended to provide some background information on confinement. The film is available online and DVDs can the PLRA, and also explain how the law impacts court be ordered for $5. Faith-based discussion guides are also claims filed while in jail or prison. Additionally, this available on the website. Go to www.nrcat.org/backyard pamphlet explains how to properly follow the grievance for more information and to view the film. process employed by the Pennsylvania Department of Corrections, in order to help protect any claims you may bring relating to prison conditions from being dismissed Life Support for Women with an for failure to exhaust administrative remedies. Even for Incarcerated Loved One will not be meeting claims that are not affected by the exhaustion require- in May, but will meet again on June 12. ment, this pamphlet should serve as a helpful tool for correctly filing grievances. This is a support group for women looking for a safe place to share feelings and concerns about incarcerated If your law library does not have this pamphlet, please family members. The group usually meets the second contact Graterfriends (address on page 2). Tuesday of every month, from 4:00 p.m. to 6:00 p.m., at the Pennsylvania Prison Society: 245 N. Broad Street, 3rd Floor, Philadelphia, PA 19107 (Race-Vine station, Beccaria: A Chapbook Anthology across from Hahnemann Hospital). by Aja Beech is once again available, for a limited time. To order a copy, prisoners may send a check or money Please note: order for $5 to: For more information: Aja Beech Mason Barnett, 215-564-6005, ext. 106 (Prison Society) 2445 Coral St. Desiree Cunningham 215-758-5877 (Support Group Philadelphia, PA 19125 questions only) 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.