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Graterfriends ― A Publication of The Pennsylvania Prison Society ― July 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 7              www.prisonsociety.org  www.facebook.com/PennsylvaniaPrisonSociety                                             July 2012



               The Time is Now to End “Time With No Time Limit”!
                                         by Brandon Moody, HQ-9088, SCI Coal Township

  For the LIFERS who are serious about ending Life                           tions, etc. Then take these statistics and generate public
Without Parole (LWOP) the TIME is NOW that we start                          awareness by the means outlined in Step Two.
taking more effective and collective steps to accomplish
                                                                               Step Four: Encourage our families (who are part of
this goal. Yeah, I’m talking to YOU, or better yet, US,
                                                                             society) to network with each other and the various ad-
the LIFERS here in Pennsylvania!
                                                                             vocacy organizations, and to become members of such
  Most of us have diligently challenged this ungodly con-                    organizations. (We may have some loved ones that don’t
viction by the way of the judicial process. This is highly                   feel a sense of urgency when it comes directly from us,
commendable, especially for those of us that are truly                       or maybe they don’t think there is anything they can do
innocent or who were only accused as accomplices, but                        to help change the law. This is where communication
maybe it is time that we also exhaust other remedies and                     with these organizations can help.)
resources just in case the judicial system continues to
                                                                                Step Five: Contact the different advocacy organiza-
fail us.
                                                                             tions and encourage them to form a database of every
  The other remedy spoken of is attacking this “TIME                         lifer in Pennsylvania so that they can reach out to us
WITH NO TIME LIMIT” (LWOP) by going directly to the                          and get permission from those of us who aren’t reading
legislators who are responsible for making, enacting, up-                    this to get contact information for our loved ones. For
holding, and maintaining the laws which prevent US                           those of us reading this, we should provide these organi-
from ever returning to our loved ones. If you are not                        zations with the information of these loved ones we be-
aware, the judicial branch of government only has the                        lieve need the most convincing to join our cause. The
power to impose sentences such as ours by way of the                         reason for this is because our loved ones often need a
legislative branch. This means if the legislators changed
LWOP to a numerical limit or parole eligibility, then the
judges would have to follow this law. So, the question is,
                                                                                                  (See Time Limit, continued on page 15)
“How do we get the legislators to change the law?” Alt-
hough it may seem unreasonable or somewhat complicat-
ed to fathom us having the ability to change the law, it is                                            In this Issue
possible. That possibility can be manifested by a collec-
tive rally by not only US (5,000 lifers), but also by using
                                                                              From the Editors, Mrs. GE-6309 Time ......................... 2
our resources in a collective effort. We need to consider
the following steps:                                                          Our Voices ...................................................................... 3
                                                                              Think About It, Birthdays, Crossword Solutions ......... 4
 Step One: Build a line of communication with the vari-
                                                                              Legislative Highlights .................................................... 5
ous advocacy groups and organizations aimed at not only
ending LWOP, but the Prison Industrialized System as a                        Legal Chat ................................................................... 6-7
whole.                                                                        Mailroom...................................................................... 8-9
                                                                              Bookcase ....................................................................... 10
  Step Two: Don’t sit back and let the organizations do
all the work, but assist them by reaching out to different                    Literary Corner ............................................................ 11
churches, mosques, or other religious/ideological belief                      Pass the Word .............................................................. 12
systems; and using new social media outlets to do so.                         Announcements ............................................................ 13
  Step Three: Educate ourselves on the lack of effective-                     Graterfriends Order Form ........................................... 14
ness long-term incarceration has on society as a whole,                       Crossword ..................................................................... 15
e.g., by gathering statistics on the amount of money be-                      “The Last Word” by William DiMascio........................ 16
ing taken away from education to be spent on correc-

                                                                         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 ― July 2012




                       From                                                                                  Mrs. GE-6309
                                                                                                                 Time
                    the Editors                                                                                  by Reesy Floyd-Thompson

  In this issue, Dana Lomax Williams has written anoth-
er “sound off” letter about her experiences (page three).
                                                                                               TEN WAYS TO DO TIME
You will be happy to know that Dana was recently re-                                            (FROM THE OUTSIDE)
leased, but she still plans on fighting the good fight for                                by Reesy Floyd-Thompson, Mrs. GE-6309
those of you still behind bars.
                                                                               Every day, our criminal justice system inducts new
  Jennifer Graber’s The Furnace of Affliction: Prisons
                                                                             partners into this lifestyle. Just as it was nine years ago,
and Religion in Antebellum America is reviewed by Dan-
                                                                             resources on how to get through this are scarce. How
ielle Collins on page 10. The book addresses how early
                                                                             does one maintain a relationship with someone incarcer-
reformers from various religious backgrounds helped
                                                                             ated? If you are lucky, it’s a short sentence. If not, here
shape the corrections system before the Civil War. On
                                                                             are my ten ways for doing time from the outside.
that same page you will see a list, sent to us by a prison-
er in Missouri, of “sanity-saving” books that you may                                1.    Learn everything you can about your
wish to order.                                                                             partner’s facility. You cannot advocate in
                                                                                           ignorance. Know what all the rules are sup-
  Don’t miss the information about The Yale Law Jour-
                                                                                           posed to be. Keep track of new laws and legis-
nal’s first Prison Law Writing Contest. The rules and
                                                                                           lation that might affect your partner’s sen-
requirements are listed on page 13. This could be a great
                                                                                           tence. Do your due diligence and research. Tap
contest for many of you who have taken an interest in
                                                                                           into the best resource — the partners who’ve
the law.
                                                                                           gone before you.
  Let us know if you like the crossword puzzles we’ve                                2.    Take care of home — first! You cannot give
been placing in Graterfriends each month. Don’t waste                                      your partner everything and then figure out
money sending us a separate note about it, but if you are                                  how to maintain the home. Keep a roof over
writing us about something else, just let us know if you                                   your head. No matter what happens to you,
like them. We appreciate the feedback.                                                     your partner has a place to stay.
  Finally, Executive Director William DiMascio writes                                3.    Misery begets misery. If you decide to have
about what it means to be a leader (page 16). Sometimes,                                   a miserable life, you will.
one has to take chances when leading others — and be
accountable for decisions.                                                                        (See Ten Ways, continued on page 14)



                                                                             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:                                        and sign the declaration.
      Danielle Collins, Bridget Fifer, Francesca Schnalke
                                                                             If you have a question about Graterfriends, please contact
                  FOUNDER: Joan Gauker                                       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 ― July 2012


                                                                            staff included. Every crew works very hard to keep SCI
                                                                            Muncy running and looking good. We would be most
                                                                            grateful to have other educational opportunities and not

                 Our Voices                                                 be discriminated against because of one’s sentence
                                                                            length. Freedom is always possible; it doesn’t matter if
                                                                            you have an indefinite sentence.
                                                                              The only thing consistent in this institution is the in-
                                                                            consistencies. By the way, how are we supposed to enjoy
    WHAT IS HAPPENING AT SCI MUNCY?                                         the “new yard” when it seems like we are locked down
                                                                            most of the time? There is absolutely NOTHING serious
                by Dana Lomax Williams                                      that goes on here except when an inmate passes away
                                                                            and the prison tries to cover it up.
  I am astounded at how frequently these commissary
prices go up, but the DOC pay rate hasn’t increased since                     When your officers are in training, can you tell them
1986. Unbelievable! How are we supposed to purchase                         that just because we are in prison doesn’t mean that we
our basic necessities with our mediocre pay! Are you kid-                   aren’t still women and human beings? The fact that
ding us, DOC? I’m sure all inmates in the state of Penn-                    we’re locked up doesn’t give them the authority to treat
sylvania would concur with me. What’s pathetic is that                      us any way they please and call us b______ or other de-
the DOC expects us to work like government mules, be                        grading names. Ms. Giroux, the judge has already sen-
disrespected, verbally abused, sexually violated, and not                   tenced us; abuse in many forms by your officers — male
speak up. Not so!                                                           and female alike — shouldn’t be tolerated.

  Ms. Giroux, whose ingenious idea was it to discontinue                      One sergeant is infamous for doing this over the inter-
the incentive program in the kitchen? All we ever hear is                   com. How in the world can this sergeant still be permit-
that there is never any funding for what’s really needed.                   ted to work at SCI Muncy when an inmate was sexually
But there’s money for a new yard that we didn’t ask for.                    assaulted and almost murdered while on his shift? I re-
Oh, I forgot – WE paid for that. We would love having                       call several of us profusely pushing our buzzers to inform
the hot water tank fixed so that we don’t have to travel                    him of what was happening. He came over the intercom
from unit to unit with our belongings to take hot showers                   and not only joked about the incident, but told us if we
for an extended period of time. You’re a woman and it                       pushed our buzzers again we would be sent to the hole.
amazes me that you don’t care.                                              The inmate had to be flown out of SCI Muncy. We were
                                                                            once again locked down all day, while the state police
  Would you at least consider reinstating some type of                      came to investigate. This sergeant is totally unprofes-
incentive program for the kitchen workers? After all,                       sional, rude, disrespectful — and we must trust him in
they do feed the entire population — officers, guests and                   an emergency? Lord, help us all!


             THE PRICE OF FREEDOM                                           whereof the party shall have been duly convicted, shall
                                                                            exist within the United States, or any place subject to
   by Darrell Ameen McKelvie, AF-5156, SCI Rockview                         their jurisdiction.” So what does that make us? The Fugi-
                                                                            tive Slave Law in 1850 made it difficult for those who
 It is said that history repeats itself, and now I can un-                  were free because if they were captured by the bounty
derstand why.                                                               hunters and could not prove they were free, they were
                                                                            placed in bondage.
  Our ancestors in Africa were minding their business
and suddenly they found themselves captured, shackled,                        Today the law says “Innocent until proven guilty.” That
and kidnapped from their homeland by foreigners,                            is rhetoric because as soon as you are stopped, shackled,
placed on a ship and sailed away to a strange land. They                    and confined you are considered guilty, and if you cannot
were not only terrified, but devastated from this shock-                    prove your innocence, you will remain confined. Sound
ing experience, something far beyond their imagination.                     familiar?
  One summer evening I was also minding my business                           The judiciary system in America is filled with flaws
walking down the street, and suddenly I was stopped,                        and has failed their concerned citizens for decades, and
handcuffed, and taken to the police station. I was                          this is one of the reasons America has the largest prison
shocked because I did not have a clue as to what was                        population in the world. If it was not for DNA, hundreds
going on. After being questioned, I was charged with                        would still be languishing in prison. Unfortunately, most
murder, and months later I was found guilty of first de-                    of us do not have DNA cases to prove our innocence.
gree murder by a jury — not of my peers. Now I am serv-                       I am not only crying out about my injustice, I am cry-
ing a life sentence on one of their modern-day planta-                      ing out for those who are no longer with us and did not
tions, just like my ancestors centuries ago, being unjust-                  prove their innocence, and for those whose innocence was
ly robbed of my liberty.                                                    proven after they were gone. I am also crying for those
                                                                            who are still fighting diligently to prove their innocence,
  The Thirteenth Amendment states, “Neither slavery nor
involuntary servitude, except as a punishment for crime                                           (See Freedom, continued on page 14)

                                                                        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 ― July 2012




                                 Think                                           DEATH ROW
                                About It                                                    July Birthdays
              ALL TALK, NO ACTION                                             David C. Copenhefer                    Landon D. May
              ON PAROLE FOR LIFERS                                            AJ-3408, GRN                           FJ-4637, GRA

        by Lee A. Horton, CN-2067, SCI Mahanoy                                Anthony James Fiebiger                 Brentt Sherwood
                                                                              DW-5907, GRN                           GD-7549, GRN
  This missive is directed to the Pennsylvania lifer popula-                  Lewis Jordan                           Shonda Dee Walter
tion. Where do we stand at this moment on parole for lif-                     JG-9949, GRN                           OJ-8227, MUN
ers? Over the past few years, there has been a lot of talk
from lifers, but no real action from the masses. Most of us                   Christopher Kennedy                    John Wayne
want parole, but there are only a few of us actively engaged                  FQ-9268, GRN                           CU-9870, GRA
in making it happen. What happened to all the rest?                           Cam Ly                                 Ronald Lee Weiss
  Recently, a few brothers (myself included), were en-                        AS-1690, GRN                           BS-9390, GRN
gaged in an effort to build a vehicle that could carry lif-
ers to the gates of parole. Suffice it to say, we stumbled;
we had to take inventory and some time to reflect on our                                          GRA = SCI Graterford
methodology, but we did not fall and have since then                                                  PO Box 244
have righted ourselves. Like all the efforts that came                                              Graterford, PA
before, our sincere effort was not in vain. Neither did                                               19426-0244
our shortcomings toll the death knell for our quest. Trial
and error has always been man’s most effective teacher,                                             GRN = SCI Greene
and we have been schooled. So the struggle continues.                                               175 Progress Drive
                                                                                                     Waynesburg, PA
  Spread out across the Pennsylvania DOC are many                                                       15370-8090
dutiful servants of the cause of parole for lifers. Some
have been toiling in the field for 20, 30, even 40 years to                                        MUN = SCI Muncy
get a bill passed. There have been many close calls, but                                              PO Box 180
we came away with no prize. I would be remiss if I did                                            Muncy, PA 17756-0180
not give a shout out to Brother Omar Askia Ali, who is
toiling at this very moment to grow support for a lifers
bill. So, the question is, “Why haven’t we been able to
                                                                              If you do not want your name published, send a letter to
get it done?”                                                                 Graterfriends each year you do not want it to be included.
  It seems to me that the main problem is that the mass-                      Be sure to note your date of birth.
es have not yet heeded the call. Many want to eat the
fruit of parole, but few want to work in the orchard to
grow public support. We constantly discuss what should
or could be done to make parole a reality, but never take
any actions to do anything to get it done. Too many of us
                                                                                           CROSSWORD SOLUTIONS
are on the sidelines, waiting in the wings for someone
                                                                             Below are the solutions to crossword puzzles printed in this
else to deliver the victory. Well, I have news for you:
                                                                             issue and the previous issue of Graterfriends.
there will never be a victory without mass involvement
from lifers, their families, and other supporters. For too
                                                                             June 2012                              July 2012
long, this has been the dagger in the heart of our strate-
gy to obtain parole. If parole for lifers is ever to become a
reality, our attitude has got to change. We have got to
get motivated.
  Right now, today, the wind of change in criminal jus-
tice is at our backs. The criminal justice system is un-
dergoing an unprecedented overhaul. Courts, laws, pris-
ons, public opinion are all redirecting their focus toward
reducing the size of the criminal justice system for the

                 (see No Action, continued on page 14)


                                                                         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 ― July 2012




                               Legislative Highlights
                                                                   Ann Schwartzman
                                                     Policy Director, The Pennsylvania Prison Society

The PA General Assembly must complete the budget for the Governor by the end of June. As of June 14, the members are
working on it. Below are several criminal justice bills that may be of interest.



 BILL NO.           DESCRIPTION                                                                 CHIEF SPONSOR                PPS POSITION
 PRINTER NO.


                    Calls for the registration of transients who are convicted                  Rep. R. Marsico             Oppose
HB 75
                    sex offenders. (Passed House 2/9-11, 197-1; re-                             R-Dauphin County
PN 3770
                    referred to Senate Appropriations 6/12/12.)


                    Creates additional parole restrictions on repeat offend-                    Rep. T. DeLuca              Oppose
HB 645
                    ers of violent crime- must serve 85 percent of the maxi-                    D-Allegheny County
PN 3663
                    mum sentence to be eligible for parole. (Passed House
                    6/6/12, 191-3; in Senate Judiciary.)


                    Requires mandatory sentences for second and subse-                          Rep. T. Stephens            Opposed to
HB 2331
                    quent firearm offenses. (Passed House 5/23/12, 190-7;                       R-Montgomery Cty.           mandatory
PN 3484
                    in Senate Judiciary.)                                                                                   sentences


                    The Prison Reform and Justice Reinvestment Working                          Sen. S. Greenleaf           Generally
SB 100
                    Group provides for numerous changes that the Prison                         R-Bucks and                 support, but
PN 2272
                    Society is reviewing. Some of the provisions include:                       Montgomery counties         reviewing recent
                       implementing risk assessment tools                                                                 amendments
                       adding to the definition of crimes of violence
                       changes in eligibility for CIP, SIP and Boot Camps                                                 Oppose deletion
                         as well as changes in RRRI                                                                         of pre-release
                       intensive probation in counties
                       deleting pre-release option for prisoners
                       Safe Community Reentry Program to help reduce
                         recidivism
                       changing CCCs and CCFs for new offenders so that
                         technical parole violators and parolees in good
                         standing will be diverted there as opposed to prison
                       clarifying official prison visitation
                       and much more.
                    (Passed Senate 10-18-11 (50-0); Passed House 6/12/12
                    (198-0). In Senate Rules and Executive Nominations
                    6/13/12. Must have both chambers agree to all amend-
                    ments for the bill to be finalized. )




                                                                        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 ― July 2012

                                                                              heinous crimes. Heinous cases are typically murder and
                                                                              sex offenses. No judge wants to give someone a new trial

                   Legal Chat                                                 and risk losing an election due to being “soft on crime.”
                                                                              Currently, the organization Pennsylvanians for Modern
                                                                              Courts is arguing for a merit-based system for appoint-
                                                                              ing judges.
                                                                                Meritorious Issues: Look for sound legal issues in
    WHY IS TAXPAYER MONEY USED WHEN                                           your case that are easy winners (such as an illegal sen-
       STATE OFFICIALS ARE SUED?                                              tence, defective jury instructions, and trial errors that
                                                                              are not considered harmless error). Remember, the law
  When prisoners file civil law suits under 42 U.S.C. sec-                    must fit the facts. Find a case that has the same legal
tion 1983, they must sue state officials in their individual                  issue that you are raising and with a similar set of facts.
capacities only. Prisoners are precluded from suing state                     This is called “On all fours.”
officials in their official capacities because the Eleventh
Amendment to the U.S. Constitution precludes a state from                                                                          David Lusick
being sued. When you sue a guard in his/her official capaci-                                                                 CQ-3760, SCI Albion
ty, you are, in a real sense, suing the state, as the guard is
an agent of the state. So, the U.S. Constitution does not
allow for taxpayer money to be used for this purpose.                                 WHAT YOU MAY NOT HAVE KNOWN
  However, the taxpayer money is being used when the                                 ABOUT SENATE BILL 1183 (ACT 111)
state attorney general’s office represents a guard or
when the office of the DOC’s staff attorneys represents a                       Under SB 1183 (now Act 111) sexual offenses shall be
guard or prison official. When a prison official is sued in                   classified in a three-tiered system, within which the defi-
an individual capacity, why is taxpayer money being                           nitions of these Title 18 offenses have been changed.
used to pay for his legal defense? When the jury awards                         Under this tier system, the requirements for registra-
damages, why is taxpayer money being used to pay the                          tion have changed as well. Thus if you thought that you
damages awarded? Does this not also violate the Elev-                         did not have to register before, you better think again
enth Amendment to the U.S. Constitution, as well as the                       and make an attempt to go to your law library and find
Supremacy Clause of the U.S. Constitution? If a prison                        out what tier you are in. The tiers have been defined by
official commits a crime in his individual capacity, he or                    criteria relating to the nature of their sex offense, not by
she must hire his or her own lawyer and pay out-of-                           the severity or risk of re-offense; nor does the system
pocket expenses! So why is taxpayer money being used                          differentiate between violent and non-violent offenses.
when both the Eleventh Amendment and Supremacy                                As for the Periodic In-Person Appearance Requirements,
Clause forbids it? Does anyone have an answer?                                they are as follows:
                                           George Brooks-Bey                       1. An individual convicted of a Tier I Sexual Offense
                                       AP-4884, SCI Frackville                        shall appear annually for a period of 15 years.
                                                                                   2. An individual convicted of a Tier II Sexual Of-
                                                                                      fense shall appear semi-annually for a period of
                TIPS FOR YOUR CASE                                                    25 years.

  Theory of your case: One of the hardest things for a                             3. An individual convicted of a Tier III Sexual Of-
pro-se filer to do is to stay focused on the theory of his or                         fense shall appear quarterly for the remainder of
her case. “The theory of your case” is the phrase or state-                           his or her life. (Previously, this type of require-
ment that the court will instantly recognize as being the
lynchpin, or centerpiece, of your case. In literature, this
is called the main theme.
  Recall O.J. Simpson’s theme. Johnny Cochran ham-
                                                                                 When submitting a letter or
mered home the following statement, “If the glove does                            column to Graterfriends for
not fit, you must acquit.” Find your theory and structure
your petition around that statement. Weave a story line                        publication, please remember to
and apply the law to the facts of your case.
                                                                                attach a letter (or note on your
  Diligence: You should give some consideration to tak-
ing a paralegal course or learning from reading other                              submission) that it is for
case briefs. Learn how other lawyers analyze case prece-
dents. Learn the difference between controlling cases                          publication and that you are the
and persuasive cases. Learn what it means to modify,
extend, or make a new rule of law.
                                                                                original author; date and sign
  Politics: Beware, state and local court judges are                             the declaration. Thank you.
elected officials and are averse to politically charged or

                                                                          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 ― July 2012

        ment was reserved only for sexually violent pred-                      On 4/16/12, I was issued a misconduct for “failing to
        ators, or SVPs).                                                     report to work.” I was given two weeks’ cell restriction.
                                                                             The unit manager didn’t want to hear the reason I could
  Under the Adam Walsh Child Protection & Safety Act,                        not go to work, even though it was a medical reason. He
this form of registration has been made retroactive. The                     also wouldn’t pull me out of the kitchen.
text of the act gives an example: “[a] Tier III sex offender
who was released from imprisonment for such an offense                         Then, on 4/25/12, the psychologist FINALLY came to
in 1930 will still have to register for the remainder of his                 the block to talk to me after numerous requests. To make
or her life. A Tier II sex offender convicted in 1980 is                     a long story short, I requested to see the psychiatrist due
already more than 25 years out from the time of release.                     to experiencing a very high level of anxiety, and the psy-
A Tier I will have to register for 10-15 years. In such                      chologist would not let me in to see him. I also told her
cases, a jurisdiction may credit the sex offender with the                   how much the kitchen job was worsening my condition.
time elapsed from his or her release.”                                       All she told me was, “I have nothing to do with employ-
                                                                             ment.”
  For the most part, the Adam Walsh Child Protection &
Safety Act has been established primarily for federal                          Does this prison have the right to force someone who is
prisoners. However, it does permit victims of state                          legally deemed permanently disabled and who collects
crimes to participate in related federal habeas corpus                       SSD to work in the prison? If not, what action can I take
proceedings, thus placing yet another road block in front                    to get out of the kitchen in order to avoid more miscon-
of individuals who have been wrongfully convicted of                         ducts due to my medical problem?
these offenses. This makes it even harder to either over-
                                                                               Also, when a mental health patient requests to see the
turn their cases for a trial or to be released.
                                                                             psychiatrist, does the psychologist have the authority to
  The Adam Walsh Child Protection & Safety Act has                           deny that patient access to that doctor? If not, what ac-
also established a post-conviction civil commitment                          tion can I take as far as that is concerned?
scheme that authorizes the federal government to initi-
                                                                              One more question: Do prison officials have the right to
ate commitment proceedings with respect to any federal
                                                                             write up someone for not reporting to work because of a
prisoner in custody of the Federal Bureau of Prisons.
                                                                             medical condition? What can be done about that?
Under this provision, even prisoners who have never
been previously charged with or convicted of a sex crime                      I have a record of the misconduct and sanction, all re-
may be civilly committed after completing their entire                       quest slips I submitted (with the responses), and the griev-
prison sentence. [See U.S. v. Comstock, 5513d 274 (4th                       ance I currently have pending against the psychologist.
Cir. 2009).] Act 111 also addresses such actions pertain-
ing to state prisoners.                                                        I would greatly appreciate any and all advice regarding
                                                                             these issues. Thank you.
  I have the utmost respect and sympathy for Mr. John
Walsh, his family, and the actual victims of these night-                                                                       Keith Connors
marish crimes. However, as necessary as this law is for                                                                 HB-7072, SCI Mahanoy
those who have committed these types of crimes, there
are those of us who have been wrongfully convicted. To
add to the already painful nightmare wrongful conviction                                               CORRECTION
brings, if their appeals fail, they are now looking at a
new life sentence scarier than the one they already faced.                     In the January 2012 issue of Graterfriends, the article
  Please contact your families, your friends, and whatev-                      “Medical Alert: Understanding Prostate Cancer” was
er state legislators and media outlets you can, and ask                        incomplete. The bottom paragraph should read:
them to fight or lighten the weight of Act 111, or at least
for those who have not been classified as SVPs or have                               Dr. Stephen Freedland of Duke University
been wrongfully convicted.                                                           Medical Center writes, “Although our con-
                                                                                     tention that prostate cancer grows more
                                                Jason Kollock                        rapidly and transforms earlier from latent
                                      HC-9934, SCI Houtzdale                         to aggressive disease in AA men requires
                                                                                     validation, it is undisputed that AA men
                                                                                     bear a greater prostate cancer burden…
             PERMANENTLY DISABLED,                                                   Continued efforts to vigorously screen for
              BUT FORCED TO WORK                                                     prostate cancer and understand underly-
                                                                                     ing reasons for more aggressive disease in
  On the street, I receive treatment for mental health                               AA men are desperately needed.”
disorders and, as a result, I was deemed permanently
disabled and I collected Social Security Disability.                           We apologize for any confusion the last few missing
                                                                               words may have caused, and thank Frank Brown
  The problem is that SCI Mahanoy is forcing me to work
                                                                               (AY-6819, SCI Frackville) for noticing and informing
in the kitchen, which worsens my condition. I informed
                                                                               us of the error.
every official in that prison of that fact, via request slips,
and they all claim that they can do nothing for me.

                                                                         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 ― July 2012

                                                                             for those sentenced with juvenile life without parole
                                                                             (JLWOP)!

                             Mailroom                                          Just to let the brothas know (Pittsburgh brothas in
                                                                             particular), Mr. Preston lost his primary election chal-
                                                                             lenge to (Pittsburgh City Democratic Party Committee
                                                                             Chairman) Ed Gainey on April 24, 2012. Mr. Gainey has
                                                                             no Republican challenger on the upcoming November
ATTENTION PRISONERS: FREE NEWSLETTER                                         election ballot, so he’s all but guaranteed to win and be
                                                                             sworn in as the 24th district representative. Mr. Gainey
  To get your free Under Lock & Key (UL&K) newsletter, send                  says his main concern is addressing the changes
your name, number and address to the following address:                      brought on by the new Voter ID Bill! If we want/expect
                                                                             Mr. Gainey to support legislation such as HB-1994, I
Under Lock & Key                                                             suggest we (particularly the brothas and sistas from
MIM (Prisons)                                                                Pittsburgh) contact him ASAP and do some networking!
PO Box 40799
San Francisco, CA 94140                                                                                                 Terrance Washington
                                                                                                                       DN-3858, SCI Somerset
  UL&K prints issues that other newsletters do not. I even
sent my grandsons copies of UL&K and Graterfriends.                          Editorial note: If you’d like to contact Mr. Gainey, his
UL&K is a must-have for jailhouse lawyers.                                   office address is below.

                                              Thomas Barndt                  Ed Gainey
                                      CT-7510, SCI Graterford                6014 Penn Avenue
                                                                             Pittsburgh, PA 15206


                      WE LOST ONE
                                                                                 ANOTHER THOUSAND DOLLAR FIX TO A
  I learned today that we lost one. Our sister, Wanda                               HUNDRED DOLLAR PROBLEM
Moore, who was released from here five years ago, passed
away March 31. Although it hurt to know that I’d never                         The Pennsylvania DOC has instituted a state-wide
get to talk to her again, or read her sloppy handwriting                     meal ticket program to discourage the small percentage
that I teased her about, I was consoled by the fact that                     of us that eat twice. Meal trays on average cost about 40
she died basically free, and that she had been granted                       cents each to prepare. The Department of Corrections
valuable time with her family (children, grandchildren,                      must now have over 50,000 meal tickets printed weekly
and husband). God bless her in whatever is next for her!                     and have at least two more corrections officers assigned
                                                                             to each dining hall. The extra staff doesn’t just come in
  What pissed me off was that the DOC posts everything                       during meals; they work the full eight hours and with
about us, especially the negative, but they didn’t let us                    jails that have three dining halls. This is very costly.
know we lost a sister…a comrade…a friend. Why? Her
death, to US, was important, as was her compassionate                          All this money could be better spent providing pro-
release and her living beyond what they expected. I bet                      grams to assist us and maybe, just maybe, putting a
that pissed them off — a strong, black woman, who once                       little bit more food on the trays in the first place, there-
made a grave decision that cost someone else’s life, defied                  by cutting the NEED to eat twice. This is, yet again,
the odds that fueled their compassion.                                       another reason I call into question the wisdom of Cen-
                                                                             tral Office Administration, wasting a dollar to save a
  Well, great for you Wanda, and great for every second                      dime. As in my case, personally, they are spending thou-
you got to truly live outside these gates. God bless your                    sands of dollars litigating a matter with me opposed to
husband and all your children, grandchildren, and other                      spending less than eighty dollars to remedy the matter.
loved ones. You became one of my heroes, and I (WE) will                     Like the headline states, “Another thousand dollar fix to
miss your beautiful smile.                                                   a hundred dollar problem.” I ask you all to clip this sto-
                                                  Terri Harper               ry out and mail it to the Governor of Pennsylvania.
                                           OB-7637, SCI Muncy                                                            Darren R. Gentilquore
                                                                                                                          GX-1572, SCI Albion

HELP REGARDING VOTER ID LAW MAY COME
          FROM PITTSBURGH                                                             PRISONS: NOT JUST PUNISHMENT

  I read in the Legislative Highlights section of the May                     Prisons should not be just for punishment, but should
2012 Graterfriends that Allegheny County State Repre-                        be a means of reintegrating offenders back into society.
sentative Joseph Preston (D-East Liberty) introduced                         Without education, prisons are just black holes that
House Bill 1994, which would reduce sentences for cer-                       swallow up prisoners and hide them from the public. To
tain individuals under the age of 18, and/or parole review                   be a real deterrent, prisons should be in the cities and

                                                                         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 ― July 2012

towns where the crimes were committed so that friends                                             VISITS CANCELED
or relatives can learn from their mistakes.
                                                                                        FOR     STAFF APPRECIATION DAY
                                             James Detmer
                              #525-717, 3505 Frederick Ave.                    Today was a sad day for those inmates who receive
                                     St. Joseph, MO 64506                    visits on Wednesday, or any other weekday visit.
                                                                               All visits for Wednesday, May 9, were cancelled so that
                                                                             the inmate visiting room and play area for the visitors’
          THE HARM AND THE BENEFIT                                           children could be used for Staff Appreciation Day.

  It seems it’s easier for Taliban prisoners to get re-                        As far as I know, not one inmate nor family member
leased than it is for Pennsylvania lifers to get commuta-                    complained, nor made a complaint to any higher-ups
tion. On May 7, 2012, CNN aired a story revealing that                       about this blatant misuse of the inmate visiting room, and
U.S. officials were reported to have “released up to 20                      the unwarranted cancellation of all visits on this day.
Taliban prisoners over a two-year period in an effort to                       In the 10 years I have been here at SCI Graterford, the
promote peace talks” with the Taliban. They felt that                        inmates have not lost visits to this event in the past. So,
the benefit from their release would outweigh any harm.                      why now? Why should the inmates and family members
  Meanwhile, Pennsylvania prisons are overflowing with                       be subjected to no visits when this has nothing to do with
prisoners, costing taxpayers more money that could be                        a lockdown, as per the DOC policy, in which a lockdown
used for education and communities. But it doesn’t look                      or security breach would be the only reason for visits to
like Pennsylvania officials see the benefit of parole eligi-                 be canceled.
bility or commutation for proven rehabilitated lifers.                         No disrespect to staff, but we were denied visits so that
  Unlike the “up to 20 Taliban prisoners” that were re-                      staff could have a BBQ, and that could have been taken
leased just to “promote” peace talks, Pennsylvania lifers                    care of outside the walls of this institution as in the past,
simply ask that the legislature and the Board of Pardons                     and another area could have been used instead of deny-
and Parole take an honest look at deserving, rehabilitat-                    ing visitations just for Staff Appreciation Day.
ed lifers’ behavior, work records, academic and vocation-                      So, what gives? This might aggravate some, but right
al records, and home plans, and grant them commuta-                          is right, and wrong is wrong regarding the cancellation
tion (life on parole), with all of the monitoring and su-                    of visits just to have a party.
pervision necessary.
                                                                                                                                James R. Cruz
  The cries for parole for lifers are getting louder, and an                                                           CL-1798, SCI Graterford
established process like commutation can be an easy test
to show how smart this would be. When you consider
how low recidivism is for paroled lifers, it’s hard to see
how any harm can outweigh the benefits.                                              IN LOVING MEMORY OF JON YOUNT
                                              Marcus Lloyd                      I am saddened by the death of a very dear soul, Mr.
                                DY-7903, SCI Coal Township                   Jon Yount. Jon was intelligent man; kind, inspiring and
                                                                             gentle. He, in my opinion, was certainly one of the many
                                                                             lifers who deserved a second chance at life outside the
                           KUDOS                                             walls. He will never get that opportunity now.
                                                                               After serving 46 years in these state prisons, Mr. Yount
  I just received my May issue of Graterfriends, and I                       decided to take his own life. I suppose he’d had enough of
like the articles that were published this month. I espe-                    this cruel system we call the Criminal Justice System.
cially liked the way that Dante Overby (GZ-5437) took
                                                                             Was it because the Board of Pardons shot him down yet
the time to lay out the proper procedures for overcoming
                                                                             again? Or, perhaps he was simply tired of all the jailhouse
a hard battle that a lot of men here feared to have to                       madness. I guess we’ll never really know. This system is
fight themselves. Trial and error is a monster that no
                                                                             supposed to provide opportunities for inmates to show
one wants to confront head-on. It’s nice to know that we
                                                                             redemption so that they may earn their way to freedom,
have individuals out there who are fighting hard, and                        becoming productive members of society, yet it does not.
not just laying down their proverbial sword. And even
greater, that you’re sharing your triumph with us and                          Mr. Yount had written many articles over the years,
sharing the map to help us navigate rough terrain.                           several in this very publication. Jon was always active in
                                                                             advocating in some way. If he wasn’t studying law for
  We need more articles of shared wins. It helps to see                      the betterment of the system, he was writing to legisla-
candles still burning bright. Too many individuals give                      tors, or inspiring others to get involved in some way. He
up, before they even start the good fight. And that, in                      was always trying to make things better.
and of itself, is disheartening. Keep up the good work,
and the fight.                                                                 Jon kept busy all the time. He was either using his
                                                                             incredible brain for something positive, or going to the
                                                 Torrey Real
                                      EL-1916, SCI Frackville                                     (See Mailroom, continued on page 11)


                                                                         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 ― July 2012

                                                                             in which inmates reflected on their wrongdoings and
                                                                             engaged in wholesome, character-building activities.
                                                                             Eddy’s efforts were met with resistance from inmates who

                         Bookcase                                            consistently rioted and attempted to escape, causing pub-
                                                                             lic officials to question the efficacy of Eddy’s religion-
                                                                             centered policies and remove the Quakers from the prison
                                                                             inspectors board.

                                                                               In contrast with “the prison as garden,” Eddy’s succes-
                                                                             sors had a less gentle conception of the role of prisons in
THE FURNACE OF AFFLICTION: PRISONS AND                                       inmate reformation. Baptist minister Reverend John
    RELIGION IN ANTEBELLUM AMERICA                                           Stanford envisioned the prison as a furnace in which
          BY JENNIFER GRABER                                                 “criminals necessarily experienced state-imposed physi-
                                                                             cal and psychological pain” in order to prepare them for
  Book Review by Danielle Collins, Editorial Assistant                       redemption. Stanford’s model was exported to prisons
                                                                             across the state, including Sing Sing (the successor to
                                                                             Newgate) and Auburn prison.
  In The Furnace of Affliction, Jennifer Graber explores
the historical intersections between prison and Protes-                        In the ensuing years, explicitly religious dimensions of
tantism in pre-Civil War America. Graber, an assistant                       prison life were slowly marginalized. Protestant reform-
professor of religious studies at Wooster College, places                    ers’ theology of redemptive suffering was pushed aside for
modern conceptions about prison and punishment in                            a “religiosity of citizenship,” in which ethical behavior
historical context and notes that debates about the pur-                     and obedience to secular authority were tantamount.
pose of prison have been ongoing for nearly two centu-                       Secularization resulted in a system quite unlike either
ries. Policy and public discourse throughout the nation’s                    the garden or furnace Protestant reformers had envi-
history have swung wildly between viewing prison as a                        sioned. Secular prison officials heaped more and more
way to punish people or as an experience to aid in their                     degradation and physical punishment upon prisoners,
rehabilitation, or both. For much of the country’s history,                  and by the middle of the nineteenth century, prison con-
religion was central to the debate on both sides.                            ditions were widely acknowledged to be hellish. At this
                                                                             point, Protestant reformers shifted from attempts to in-
  As Graber demonstrates, early Protestant reformers                         fluence the direction of prison life to critiquing harsh in-
had many different notions about how prisons should                          stitutional conditions and practices. In their attempts to
function — and even what their role should be — but all                      institutionalize religious beliefs and practices in the pris-
agreed that the nation’s penal institutions should feature                   on system and in society at large, antebellum Protestant
humane living conditions and practices. They operated                        reformers actually laid the foundation for a system that
under the religious notion that “criminals can and
should be redeemed,” and wanted to make sure that pris-
ons worked toward this purpose. Operating out of these                                        SANITY-SAVING BOOKS
convictions, Protestant reformers were central players in
the process of shaping early American prisons.                                                  by James Detmer
                                                                              (#525-717, 3505 Frederick Ave., St. Joseph, MO 64506)
  Benjamin Rush, a Philadelphia physician, signer of the
Declaration of Independence, and a founding member of                        I am a new subscriber with an indeterminate sentence of
the Philadelphia Society for Alleviating the Miseries of                     which I have served 10 years and 74 days. I filed three
the Public Prisons (now the Pennsylvania Prison Socie-                       lawsuits and lost them all due to a lack of any law li-
ty), was among those who called for more humane prac-                        brary. Three books, free to prisoners, have helped me
tices in criminal justice. Rush advocated for “strict but                    keep my sanity. I especially recommend them to lifers
humane environments designed for reform,” involving                          and death row inmates.
labor and solitary cells for the worst offenders. Working
along side Rush at the PSAMPP were Pennsylvania                              What is Karma?
Quakers who advocated for similar practices, along with                      Larson Publications Dept. A
Bible reading and silence.                                                   4936 Route 414
                                                                             Burdett, NY 14818
  Quakers were also a visible presence in the develop-                       Kabbalah Revealed
ment of prisons in New York State. Newgate Prison in                         Laitman Kabbalah Publishers
New York City, the state’s oldest prison, was established                    2009 85th St. #51
as the result of efforts by Quaker merchant and philan-                      Brooklyn, NY 11214
thropist Thomas Eddy. As Graber writes, “Eddy’s prison
ideal combined these internal [Quaker] traditions of                         The Story of Edgar Cayce
child-rearing and group discipline with the Quaker ex-                       A.R.E. Press
ternal concern for other people.” These influences and                       215 67th St.
concerns led to his conception of the prison as a “garden”                   Virginia Beach, VA 23451-2061

                                                                        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 ― July 2012

                                                                                       Mailroom continued from page 9


                                         Literary                                      gym or outside to go for a walk. He kept active
                                                                                       in mind and body. Jon has been a blessing for

                                         Corner
                                                                                       many, and has touched the lives of far too many
                                                                                       to count. He will be missed, but not forgotten.
                                                                                         I and many others respect Mr. Yount — not
                                                                                       only for how he helped others and how he held
                                                                                       his head high, but for having the courage to
                         HOMESCHOOLED                                                  leave this system on his terms, not on anyone
        by Hoodchild, aka James L. Hairston, #07762-068                                else’s.
        Federal Correction Complex, USPII, Coleman, FL                                   Rest in peace, dear comrade. We honor and
                                                                                       respect you.
As I contemplate tomorrow while living through today
Dreaming my dreams, escaping my nightmares,                                                                                     Brenda Emerick
                  Then I wake up.                                                                                             Rices Landing, PA

It is no longer about my dreams but my reality,
Knowing that my destiny relies upon my PhD.
                    Pure, heartfelt determination.                                               ANOTHER “CALM BEFORE
Exercising patience, perseverance and the willingness                                                 THE STORM”
to get back up after each fall, while vowing
to relinquish my strength no more.                                                       Racism and racial discrimination is a blight on
                    Books are my deliverance.                                          the glory of American democracy. It withers the
                    Self taught entrepreneur.                                          hopes, dreams, and ambitions of millions of peo-
I’ll rely upon man no more, I’ll create my own life’s                                  ple. Left unchecked, it poses the greatest inter-
doors.                                                                                 nal threat to the nation’s peace and prosperity.
                    I long for freedom, but love tastes sweeter to
                                                                                         To remove it, we must first expose it. We can-
my heart.
                                                                                       not allow it to hide behind the calculators and
                    How can one be free from the incarceration of
                                                                                       pocket protectors of “rational discriminators,” or
their own reality when destined to fail from the start;
                                                                                       beneath the robes of judges and corrupt employ-
Under “The New Jim Crow.”
                                                                                       ees in the profession of law. In order to gain a
                    Past hurts and pains are the restraining hands
                                                                                       deeper insight into our unconscious habitual
that prevent our manhood from maturing;
                                                                                       responses to stereotyped groups, we all must
                    Education is the eye opening cure to a life
                                                                                       answer the call of what Abraham Lincoln called
not fit for a whore.
                                                                                       the “better angels of our nature.” Either we rise
                    “So I’ll be ignorant no more.”
                                                                                       together or sink; the choice is ours as a people.
A great man said, “Let us not seek to satisfy
our thirst for freedom by drinking from the cup                                        May God bless the family
of bitterness and hatred.”                                                             Of those who lost loved ones
                    So I’ll eat from the plate of Absolution, while                    To the bullet of no color
sitting at the table of salvation and thank my                                         No name or memory.
Host Allah (ta) for the insight.
                    My tomorrows can only be what I make them,                                                               Shameek Adams
and my dreams are actually my realities guiding                                                                         JE-0551, SCI Mahanoy
me to success.
                    Refusing to succumb to life stealing forces of
pessimism, I will not surrender the light that
guides me out of the abyss of self-destruction,
and onto the path that can only lead to Firdous.
                    “I will succeed!”




  Do you want to subscribe to Graterfriends?
       See the order form on page 14.
                                                                       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 ― July 2012


                                                                             Rights Division and it works to protect civil rights of peo-
                                                                             ple in state or local institutions, including: jails, prisons,

                               Pssst…                                        juvenile detention facilities, and health care facilities and
                                                                             rights of people to practice their religion in a state or

                       Pass the Word
                                                                             local institution.
                                                                               The Special Litigation Section only handles cases that
                                                                             arise from widespread problems that affect groups of
                                                                             people. They do not assist with individual problems.
          SEXUALLY HARASSED?                                                   It should also be noted that Art. 1, Section 26 of the
   CONTACT U.S. DEPARTMENT OF JUSTICE                                        Pennsylvania Constitution, also known as the Common-
                                                                             wealth’s “Non-Discrimination Clause” is designed to pro-
by George Rashaan Brooks-Bey, AP-4884, SCI Frackville
                                                                             tect commonwealth citizens from harassment or punish-
                                                                             ment for exercising their constitutional rights. [Fischer v.
  I read an article by Dana Lomax-Williams (“Sound
                                                                             Dept. of Public Welfare, 502 A. 2d 114 (1985); Bronson v.
Off,” Graterfriends, April issue) with interest and con-
                                                                             Lechward, 624 A 2d 799 (PA Commonwealth 1993).]
cern. The Civil Rights Division, Special Litigation Sec-
tion-PHB is investigating/litigating sexual abuse/                             A Pennsylvania prisoner states a cause of action under
harassment and prisoners with mental disabilities in                         Art. 1, Section 26 when she/he avers “(1) The conduct
Pennsylvania’s RHUs being warehoused as a cruel form                         which led to the alleged retaliation was constitutionally
of punishment and control.                                                   protected, (2) that she/he suffered some adverse action at
                                                                             the hands of the prison officials and (3) there is a causal
  If a prisoner (especially a female) is being sexually
                                                                             link between the exercise of his/her constitutional rights
harassed or abused, he or she should not be hesitant
                                                                             and the adverse action taken against her/him.” [Luckett
about contacting Jonathan M. Smith, Chief Investigator
                                                                             v. Blaine, 850 A. 2d 811, 819 N.14 (PA Commonwealth
U.S. Department of Justice Section—PHB 950 Pennsyl-
                                                                             2004); Anderson v. Davila, 125 F. 3d 148, 191 (3d. Cir.
vania Ave. N.W. Washington, D.C. 20530. Your letter
                                                                             1997).] I am presently working with Chief Investigator
will be reviewed to see if there is a potential violation of
                                                                             Jonathan M. Smith of the U.S. Department of Justice. If
your civil rights. The information you send may be ana-
                                                                             you are being sexually harassed or retaliated against for
lyzed and your case will be selected or used as evidence
                                                                             filing a grievance, please write to Human Rights Coali-
in the present investigation. Your letters will be thor-
                                                                             tion, Thomas Merton Center, 5/29 Penn Avenue, Pitts-
oughly reviewed and if deemed necessary, you will be
                                                                             burgh, PA 15224. Your letter/complaint will be lodged
contacted for additional information.
                                                                             and I and others will be notified. Keep “sounding off!”
 The Special Litigation Section is a part of the Civil                       You are being heard!




             NEMO EST SUPRA LEGES                                              If Judge Berry was your sentencing judge, you may be
                                                                             able to use this information to file an appeal. It is very
         by Mike McLaughlin and Mindy Bogue                                  important that, if you do so, you file in a timely manner.

  The above is Latin for “no one is above the law.” This                       Also note that you should, as well, file a complaint with
is the way justice should, in theory, work. However, in                      the Pennsylvania Judicial Conduct Board in Harrisburg,
Philadelphia there is a judge who has apparently been                        stating that it is highly improper for this judge to sit in
above the law for over a decade: Willis W. Berry, Jr., a                     judgment of others in criminal cases, when he is still
Court of Common Pleas Judge.                                                 open to criminal prosecution.
  Judge Berry was using taxpayer money to pay his sec-                         Have your family write letters to both the Pennsylva-
retary to help him run a real estate office out of his judi-                 nia Attorney General and the Judicial Conduct Board of
cial chambers — for 12 years. He was sanctioned by the                       Pennsylvania.
Commonwealth of Pennsylvania Court of Judicial Disci-
pline in 2009 (see: Re: Berry, 979 A.2d 991 [2009]), re-                       Remember: Nemo Est Supra Leges!
ceiving a four-month suspension, without pay.
  However, several people do not think the sanction                          Pennsylvania Office of Attorney General
went far enough. The Philadelphia Bar Association                            16th Floor, Strawberry Square
called for his resignation after the court found his action                  Harrisburg, PA 17120
“constitutes conduct which brings the office into disre-
pute,” violating the Commonwealth’s Constitution. In                         Judicial Conduct Board
addition, State Representative Steve Barrar introduced                       Pennsylvania Judicial Center
a resolution in the House Judiciary Committee that                           601 Commonwealth Ave, Suite 3500
Judge Berry be impeached. The resolution still sits in                       P.O. Box 62525
committee, and Judge Berry still sits on the bench.                          Harrisburg, PA 17120-0901

                                                                        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 ― July 2012


                                                                              $250 for first place, $100 for second place, and $50 for
                                                                              third place.

                  Announcements                                               Topics: Please write an essay addressing one of the fol-
                                                                              lowing questions:

                                                                                 What does fair treatment look like in prison?
                                                                                 How does your institution deal with inmates who are
Preserving Your Claim Under the Prison                                             violent or disruptive? Are people sent to solitary con-
Litigation Reform Act (PLRA) is a new docu-                                        finement? Is the disciplinary system fair, and does it
                                                                                   help to maintain order?
ment that was recently sent to all of Pennsylvania’s state
prison libraries. It was written by Alex Rubenstein, 2012                        Tell us about a notable or surprising experience
Candidate for J.D. at Rutgers School of Law-Camden. It                             you’ve had with another person in the legal system—
is intended to provide some background information on                              whether a judge, a lawyer, a guard, or anyone else.
the PLRA, and also explain how the law impacts court                               What did you learn from it?
claims filed while in jail or prison. Additionally, this
pamphlet explains how to properly follow the grievance                           The goals of criminal punishment include retribution
process employed by the Pennsylvania Department of                                 (giving people what they deserve), deterrence
Corrections, in order to help protect any claims you may                           (discouraging future crimes), and rehabilitation
bring relating to prison conditions from being dismissed                           (improving behavior). What purpose, if any, has your
for failure to exhaust administrative remedies. Even for                           time in prison served? Should one of these purposes
claims that are not affected by the exhaustion require-                            be emphasized more?
ment, this pamphlet should serve as a helpful tool for
correctly filing grievances.                                                     Have you ever filed a grievance with jail or prison
                                                                                   authorities to complain about conditions? Tell us
If your law library does not have this pamphlet, please                            about it, and explain how the grievance process
contact Graterfriends (address on page 2).                                         works. Are grievances effective? How do prison au-
                                                                                   thorities respond to them? How do you feel about
Life Support for Women with an                                                     federal law’s requirement that prisoners file griev-
                                                                                   ances before suing about prison conditions in court?
Incarcerated Loved One is a support group for
women looking for a safe place to share feelings and con-                        If you have been released from prison, what chal-
cerns about incarcerated family members. The group                                 lenges did you face in reentering society?
usually meets the second Tuesday of every month, from
4:00 p.m. to 6:00 p.m., at the Pennsylvania Prison Socie-                        How, if at all, do you maintain relationships with
ty: 245 N. Broad Street, 3rd Floor, Philadelphia, PA                               your family while in prison? Describe the prison
19107 (Race-Vine station, across from Hahnemann Hos-                               rules that govern how much contact you can have
pital).                                                                            with your family. How has being in prison affected
                                                                                   your family relationships?
Please note:
                                                                              Please do not discuss your innocence or guilt or ask for
For more information:                                                         legal assistance with your case. Submissions are not con-
Mason Barnett, 215-564-6005, ext. 106 (Prison Society)                        fidential. Whatever you write will not be protected by
Desiree Cunningham 215-758-5877 (Support Group                                attorney-client privilege. If you have an attorney, please
questions only)                                                               speak with your attorney before submitting your work.

                                                                              Rules: You may submit an essay if you have been an
The Yale Law Journal welcomes submis-                                         inmate in a prison or jail at any point from January 1,
sions for their first Prison Law Writing                                      2010 through September 30, 2012. We welcome essays of
Contest. If you are or recently have been in jail or                          about 1000-5000 words, or roughly 4-20 pages. Please
prison, we invite you to write a short essay about your                       type your submission if possible. If you must write by
experiences with the law. The three top submissions will                      hand, please be sure your writing is readable. Feel free to
win cash prizes, and we hope to publish the best work.                        work together with others, but your essay should be in
                                                                              your own voice.
Background: The Journal is one of the world’s most
respected and widely read scholarly publications about                        Essays must be received by October 1, 2012. Email your
the law. Our authors and readers include law professors                       submission to YLJprisonlaw@gmail.com if possible. If you
and students, practicing attorneys, and judges. The con-                      do not have email access, please mail your work to: The
test offers people in prison the chance to share their sto-                   Yale Law Journal, ATTN: Prison Law, P.O. Box 208215,
ries with people who shape the law and to explain how                         New Haven, CT 06520-8215. Please include your name
the law affects their lives. Where permitted by state law,                    and the name of the institution where you are or were
the authors of the winning essays will receive prizes:                        imprisoned, and tell us the best way to reach you now.

                                                                         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 ― July 2012

Ten Ways continued from page 2                                                Freedom continued from page 3

       4.   Do not whine about what you cannot control (or                    whose cries fall on deaf ears.
            at all). Accept. Adapt. Activate a new attitude.                    A wise man said, “Injustice is a threat to justice every-
                                                                              where, and justice too long delayed is justice denied.”
       5.   Do not compare your relationship to oth-                          You could never imagine the thoughts or feelings of an
            ers. Everyone does time differently.                              individual who has been unjustly kidnapped, convicted,
                                                                              and confined.
       6.   Go with the flow. Rules change frequently,
            with and without notice, with and without                           After 38 years of being innocent and wrongfully con-
            justification.                                                    victed, I thank the Creator for blessing me to still have
                                                                              my health and sanity. Although I am sick and tired of
       7.   When visiting, stay focused. Do not spend                         being sick and tired, my faith is what keeps me strong
            time explaining, complaining, and arguing                         Adversities in life only test who we are.
            with corrections officers while precious visit
            minutes tick away. Visit time is more im-                           What a price we have to pay for freedom.
            portant than proving a point. Settle it after the
            fact, if you can.                                                 No Action continued from page 4

       8.   Do not lock yourself away. It's natural to
                                                                              first time in over 30 years. This is happening all over the
            want to isolate yourself. It's okay to wallow.
                                                                              country, and Pennsylvania is no different. A window —
            Wallow with a get-up-off-your-butt action plan.
                                                                              our window — of opportunity is open, but it won’t be
            Staying home, declining invitations and turn-
                                                                              open forever. When it closes, it may not open again for
            ing people away will not make you feel better;
                                                                              another 20 or 30 years.
            it makes time linger. One prisoner in the fami-
            ly is enough.                                                       So I ask again, “Where do we stand on parole for lif-
                                                                              ers?” Talk is cheap, but actions are priceless. We cannot
       9.   Do not let friends and/or family talk you                         use the lack of a politician to champion our cause as an
            out of your confidence. Live your life, not                       excuse not to act. Obtaining parole falls to our own ef-
            the one they have planned for you.                                forts and politicians are just public servants — tools of
                                                                              the people — who carry out the public’s wishes. It is up
       10. Redefine normal. Normal is what is routine                         to us to assert the appropriate public pressure through
           to you.                                                            our family members and other supporters to move them
                                                                              to assist us in reaching our goals.
Reesy Floyd-Thompson is the founder of Prisoners’ Wives,
Girlfriends, & Partners (PWGP). For more information                            We have to find a way to centralize our effort through
about this group, please write Reesy at:                                      our supporters. We must turn them into dedicated lobby-
                                                                              ists and spokesmen. We have to develop an effective
PWGP                                                                          marketing and advertising strategy. We need fresh ide-
P. O. Box 14241                                                               as. We. We. We. It is time lifers stop talking and take
Norfolk, VA 23518                                                             action. I invite a response from any lifer.


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

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July 2012 Graterfriends

  • 1. Graterfriends ― A Publication of The Pennsylvania Prison Society ― July 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 7 www.prisonsociety.org  www.facebook.com/PennsylvaniaPrisonSociety July 2012 The Time is Now to End “Time With No Time Limit”! by Brandon Moody, HQ-9088, SCI Coal Township For the LIFERS who are serious about ending Life tions, etc. Then take these statistics and generate public Without Parole (LWOP) the TIME is NOW that we start awareness by the means outlined in Step Two. taking more effective and collective steps to accomplish Step Four: Encourage our families (who are part of this goal. Yeah, I’m talking to YOU, or better yet, US, society) to network with each other and the various ad- the LIFERS here in Pennsylvania! vocacy organizations, and to become members of such Most of us have diligently challenged this ungodly con- organizations. (We may have some loved ones that don’t viction by the way of the judicial process. This is highly feel a sense of urgency when it comes directly from us, commendable, especially for those of us that are truly or maybe they don’t think there is anything they can do innocent or who were only accused as accomplices, but to help change the law. This is where communication maybe it is time that we also exhaust other remedies and with these organizations can help.) resources just in case the judicial system continues to Step Five: Contact the different advocacy organiza- fail us. tions and encourage them to form a database of every The other remedy spoken of is attacking this “TIME lifer in Pennsylvania so that they can reach out to us WITH NO TIME LIMIT” (LWOP) by going directly to the and get permission from those of us who aren’t reading legislators who are responsible for making, enacting, up- this to get contact information for our loved ones. For holding, and maintaining the laws which prevent US those of us reading this, we should provide these organi- from ever returning to our loved ones. If you are not zations with the information of these loved ones we be- aware, the judicial branch of government only has the lieve need the most convincing to join our cause. The power to impose sentences such as ours by way of the reason for this is because our loved ones often need a legislative branch. This means if the legislators changed LWOP to a numerical limit or parole eligibility, then the judges would have to follow this law. So, the question is, (See Time Limit, continued on page 15) “How do we get the legislators to change the law?” Alt- hough it may seem unreasonable or somewhat complicat- ed to fathom us having the ability to change the law, it is In this Issue possible. That possibility can be manifested by a collec- tive rally by not only US (5,000 lifers), but also by using From the Editors, Mrs. GE-6309 Time ......................... 2 our resources in a collective effort. We need to consider the following steps: Our Voices ...................................................................... 3 Think About It, Birthdays, Crossword Solutions ......... 4 Step One: Build a line of communication with the vari- Legislative Highlights .................................................... 5 ous advocacy groups and organizations aimed at not only ending LWOP, but the Prison Industrialized System as a Legal Chat ................................................................... 6-7 whole. Mailroom...................................................................... 8-9 Bookcase ....................................................................... 10 Step Two: Don’t sit back and let the organizations do all the work, but assist them by reaching out to different Literary Corner ............................................................ 11 churches, mosques, or other religious/ideological belief Pass the Word .............................................................. 12 systems; and using new social media outlets to do so. Announcements ............................................................ 13 Step Three: Educate ourselves on the lack of effective- Graterfriends Order Form ........................................... 14 ness long-term incarceration has on society as a whole, Crossword ..................................................................... 15 e.g., by gathering statistics on the amount of money be- “The Last Word” by William DiMascio........................ 16 ing taken away from education to be spent on correc- 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 ― July 2012 From Mrs. GE-6309 Time the Editors by Reesy Floyd-Thompson In this issue, Dana Lomax Williams has written anoth- er “sound off” letter about her experiences (page three). TEN WAYS TO DO TIME You will be happy to know that Dana was recently re- (FROM THE OUTSIDE) leased, but she still plans on fighting the good fight for by Reesy Floyd-Thompson, Mrs. GE-6309 those of you still behind bars. Every day, our criminal justice system inducts new Jennifer Graber’s The Furnace of Affliction: Prisons partners into this lifestyle. Just as it was nine years ago, and Religion in Antebellum America is reviewed by Dan- resources on how to get through this are scarce. How ielle Collins on page 10. The book addresses how early does one maintain a relationship with someone incarcer- reformers from various religious backgrounds helped ated? If you are lucky, it’s a short sentence. If not, here shape the corrections system before the Civil War. On are my ten ways for doing time from the outside. that same page you will see a list, sent to us by a prison- er in Missouri, of “sanity-saving” books that you may 1. Learn everything you can about your wish to order. partner’s facility. You cannot advocate in ignorance. Know what all the rules are sup- Don’t miss the information about The Yale Law Jour- posed to be. Keep track of new laws and legis- nal’s first Prison Law Writing Contest. The rules and lation that might affect your partner’s sen- requirements are listed on page 13. This could be a great tence. Do your due diligence and research. Tap contest for many of you who have taken an interest in into the best resource — the partners who’ve the law. gone before you. Let us know if you like the crossword puzzles we’ve 2. Take care of home — first! You cannot give been placing in Graterfriends each month. Don’t waste your partner everything and then figure out money sending us a separate note about it, but if you are how to maintain the home. Keep a roof over writing us about something else, just let us know if you your head. No matter what happens to you, like them. We appreciate the feedback. your partner has a place to stay. Finally, Executive Director William DiMascio writes 3. Misery begets misery. If you decide to have about what it means to be a leader (page 16). Sometimes, a miserable life, you will. one has to take chances when leading others — and be accountable for decisions. (See Ten Ways, continued on page 14) 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: and sign the declaration. Danielle Collins, Bridget Fifer, Francesca Schnalke If you have a question about Graterfriends, please contact FOUNDER: Joan Gauker 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 ― July 2012 staff included. Every crew works very hard to keep SCI Muncy running and looking good. We would be most grateful to have other educational opportunities and not Our Voices be discriminated against because of one’s sentence length. Freedom is always possible; it doesn’t matter if you have an indefinite sentence. The only thing consistent in this institution is the in- consistencies. By the way, how are we supposed to enjoy WHAT IS HAPPENING AT SCI MUNCY? the “new yard” when it seems like we are locked down most of the time? There is absolutely NOTHING serious by Dana Lomax Williams that goes on here except when an inmate passes away and the prison tries to cover it up. I am astounded at how frequently these commissary prices go up, but the DOC pay rate hasn’t increased since When your officers are in training, can you tell them 1986. Unbelievable! How are we supposed to purchase that just because we are in prison doesn’t mean that we our basic necessities with our mediocre pay! Are you kid- aren’t still women and human beings? The fact that ding us, DOC? I’m sure all inmates in the state of Penn- we’re locked up doesn’t give them the authority to treat sylvania would concur with me. What’s pathetic is that us any way they please and call us b______ or other de- the DOC expects us to work like government mules, be grading names. Ms. Giroux, the judge has already sen- disrespected, verbally abused, sexually violated, and not tenced us; abuse in many forms by your officers — male speak up. Not so! and female alike — shouldn’t be tolerated. Ms. Giroux, whose ingenious idea was it to discontinue One sergeant is infamous for doing this over the inter- the incentive program in the kitchen? All we ever hear is com. How in the world can this sergeant still be permit- that there is never any funding for what’s really needed. ted to work at SCI Muncy when an inmate was sexually But there’s money for a new yard that we didn’t ask for. assaulted and almost murdered while on his shift? I re- Oh, I forgot – WE paid for that. We would love having call several of us profusely pushing our buzzers to inform the hot water tank fixed so that we don’t have to travel him of what was happening. He came over the intercom from unit to unit with our belongings to take hot showers and not only joked about the incident, but told us if we for an extended period of time. You’re a woman and it pushed our buzzers again we would be sent to the hole. amazes me that you don’t care. The inmate had to be flown out of SCI Muncy. We were once again locked down all day, while the state police Would you at least consider reinstating some type of came to investigate. This sergeant is totally unprofes- incentive program for the kitchen workers? After all, sional, rude, disrespectful — and we must trust him in they do feed the entire population — officers, guests and an emergency? Lord, help us all! THE PRICE OF FREEDOM whereof the party shall have been duly convicted, shall exist within the United States, or any place subject to by Darrell Ameen McKelvie, AF-5156, SCI Rockview their jurisdiction.” So what does that make us? The Fugi- tive Slave Law in 1850 made it difficult for those who It is said that history repeats itself, and now I can un- were free because if they were captured by the bounty derstand why. hunters and could not prove they were free, they were placed in bondage. Our ancestors in Africa were minding their business and suddenly they found themselves captured, shackled, Today the law says “Innocent until proven guilty.” That and kidnapped from their homeland by foreigners, is rhetoric because as soon as you are stopped, shackled, placed on a ship and sailed away to a strange land. They and confined you are considered guilty, and if you cannot were not only terrified, but devastated from this shock- prove your innocence, you will remain confined. Sound ing experience, something far beyond their imagination. familiar? One summer evening I was also minding my business The judiciary system in America is filled with flaws walking down the street, and suddenly I was stopped, and has failed their concerned citizens for decades, and handcuffed, and taken to the police station. I was this is one of the reasons America has the largest prison shocked because I did not have a clue as to what was population in the world. If it was not for DNA, hundreds going on. After being questioned, I was charged with would still be languishing in prison. Unfortunately, most murder, and months later I was found guilty of first de- of us do not have DNA cases to prove our innocence. gree murder by a jury — not of my peers. Now I am serv- I am not only crying out about my injustice, I am cry- ing a life sentence on one of their modern-day planta- ing out for those who are no longer with us and did not tions, just like my ancestors centuries ago, being unjust- prove their innocence, and for those whose innocence was ly robbed of my liberty. proven after they were gone. I am also crying for those who are still fighting diligently to prove their innocence, The Thirteenth Amendment states, “Neither slavery nor involuntary servitude, except as a punishment for crime (See Freedom, continued on page 14) 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 ― July 2012 Think DEATH ROW About It July Birthdays ALL TALK, NO ACTION David C. Copenhefer Landon D. May ON PAROLE FOR LIFERS AJ-3408, GRN FJ-4637, GRA by Lee A. Horton, CN-2067, SCI Mahanoy Anthony James Fiebiger Brentt Sherwood DW-5907, GRN GD-7549, GRN This missive is directed to the Pennsylvania lifer popula- Lewis Jordan Shonda Dee Walter tion. Where do we stand at this moment on parole for lif- JG-9949, GRN OJ-8227, MUN ers? Over the past few years, there has been a lot of talk from lifers, but no real action from the masses. Most of us Christopher Kennedy John Wayne want parole, but there are only a few of us actively engaged FQ-9268, GRN CU-9870, GRA in making it happen. What happened to all the rest? Cam Ly Ronald Lee Weiss Recently, a few brothers (myself included), were en- AS-1690, GRN BS-9390, GRN gaged in an effort to build a vehicle that could carry lif- ers to the gates of parole. Suffice it to say, we stumbled; we had to take inventory and some time to reflect on our GRA = SCI Graterford methodology, but we did not fall and have since then PO Box 244 have righted ourselves. Like all the efforts that came Graterford, PA before, our sincere effort was not in vain. Neither did 19426-0244 our shortcomings toll the death knell for our quest. Trial and error has always been man’s most effective teacher, GRN = SCI Greene and we have been schooled. So the struggle continues. 175 Progress Drive Waynesburg, PA Spread out across the Pennsylvania DOC are many 15370-8090 dutiful servants of the cause of parole for lifers. Some have been toiling in the field for 20, 30, even 40 years to MUN = SCI Muncy get a bill passed. There have been many close calls, but PO Box 180 we came away with no prize. I would be remiss if I did Muncy, PA 17756-0180 not give a shout out to Brother Omar Askia Ali, who is toiling at this very moment to grow support for a lifers bill. So, the question is, “Why haven’t we been able to If you do not want your name published, send a letter to get it done?” Graterfriends each year you do not want it to be included. It seems to me that the main problem is that the mass- Be sure to note your date of birth. es have not yet heeded the call. Many want to eat the fruit of parole, but few want to work in the orchard to grow public support. We constantly discuss what should or could be done to make parole a reality, but never take any actions to do anything to get it done. Too many of us CROSSWORD SOLUTIONS are on the sidelines, waiting in the wings for someone Below are the solutions to crossword puzzles printed in this else to deliver the victory. Well, I have news for you: issue and the previous issue of Graterfriends. there will never be a victory without mass involvement from lifers, their families, and other supporters. For too June 2012 July 2012 long, this has been the dagger in the heart of our strate- gy to obtain parole. If parole for lifers is ever to become a reality, our attitude has got to change. We have got to get motivated. Right now, today, the wind of change in criminal jus- tice is at our backs. The criminal justice system is un- dergoing an unprecedented overhaul. Courts, laws, pris- ons, public opinion are all redirecting their focus toward reducing the size of the criminal justice system for the (see No Action, continued on page 14) 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 ― July 2012 Legislative Highlights Ann Schwartzman Policy Director, The Pennsylvania Prison Society The PA General Assembly must complete the budget for the Governor by the end of June. As of June 14, the members are working on it. Below are several criminal justice bills that may be of interest. BILL NO. DESCRIPTION CHIEF SPONSOR PPS POSITION PRINTER NO. Calls for the registration of transients who are convicted Rep. R. Marsico Oppose HB 75 sex offenders. (Passed House 2/9-11, 197-1; re- R-Dauphin County PN 3770 referred to Senate Appropriations 6/12/12.) Creates additional parole restrictions on repeat offend- Rep. T. DeLuca Oppose HB 645 ers of violent crime- must serve 85 percent of the maxi- D-Allegheny County PN 3663 mum sentence to be eligible for parole. (Passed House 6/6/12, 191-3; in Senate Judiciary.) Requires mandatory sentences for second and subse- Rep. T. Stephens Opposed to HB 2331 quent firearm offenses. (Passed House 5/23/12, 190-7; R-Montgomery Cty. mandatory PN 3484 in Senate Judiciary.) sentences The Prison Reform and Justice Reinvestment Working Sen. S. Greenleaf Generally SB 100 Group provides for numerous changes that the Prison R-Bucks and support, but PN 2272 Society is reviewing. Some of the provisions include: Montgomery counties reviewing recent  implementing risk assessment tools amendments  adding to the definition of crimes of violence  changes in eligibility for CIP, SIP and Boot Camps Oppose deletion as well as changes in RRRI of pre-release  intensive probation in counties  deleting pre-release option for prisoners  Safe Community Reentry Program to help reduce recidivism  changing CCCs and CCFs for new offenders so that technical parole violators and parolees in good standing will be diverted there as opposed to prison  clarifying official prison visitation  and much more. (Passed Senate 10-18-11 (50-0); Passed House 6/12/12 (198-0). In Senate Rules and Executive Nominations 6/13/12. Must have both chambers agree to all amend- ments for the bill to be finalized. ) 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 ― July 2012 heinous crimes. Heinous cases are typically murder and sex offenses. No judge wants to give someone a new trial Legal Chat and risk losing an election due to being “soft on crime.” Currently, the organization Pennsylvanians for Modern Courts is arguing for a merit-based system for appoint- ing judges. Meritorious Issues: Look for sound legal issues in WHY IS TAXPAYER MONEY USED WHEN your case that are easy winners (such as an illegal sen- STATE OFFICIALS ARE SUED? tence, defective jury instructions, and trial errors that are not considered harmless error). Remember, the law When prisoners file civil law suits under 42 U.S.C. sec- must fit the facts. Find a case that has the same legal tion 1983, they must sue state officials in their individual issue that you are raising and with a similar set of facts. capacities only. Prisoners are precluded from suing state This is called “On all fours.” officials in their official capacities because the Eleventh Amendment to the U.S. Constitution precludes a state from David Lusick being sued. When you sue a guard in his/her official capaci- CQ-3760, SCI Albion ty, you are, in a real sense, suing the state, as the guard is an agent of the state. So, the U.S. Constitution does not allow for taxpayer money to be used for this purpose. WHAT YOU MAY NOT HAVE KNOWN However, the taxpayer money is being used when the ABOUT SENATE BILL 1183 (ACT 111) state attorney general’s office represents a guard or when the office of the DOC’s staff attorneys represents a Under SB 1183 (now Act 111) sexual offenses shall be guard or prison official. When a prison official is sued in classified in a three-tiered system, within which the defi- an individual capacity, why is taxpayer money being nitions of these Title 18 offenses have been changed. used to pay for his legal defense? When the jury awards Under this tier system, the requirements for registra- damages, why is taxpayer money being used to pay the tion have changed as well. Thus if you thought that you damages awarded? Does this not also violate the Elev- did not have to register before, you better think again enth Amendment to the U.S. Constitution, as well as the and make an attempt to go to your law library and find Supremacy Clause of the U.S. Constitution? If a prison out what tier you are in. The tiers have been defined by official commits a crime in his individual capacity, he or criteria relating to the nature of their sex offense, not by she must hire his or her own lawyer and pay out-of- the severity or risk of re-offense; nor does the system pocket expenses! So why is taxpayer money being used differentiate between violent and non-violent offenses. when both the Eleventh Amendment and Supremacy As for the Periodic In-Person Appearance Requirements, Clause forbids it? Does anyone have an answer? they are as follows: George Brooks-Bey 1. An individual convicted of a Tier I Sexual Offense AP-4884, SCI Frackville shall appear annually for a period of 15 years. 2. An individual convicted of a Tier II Sexual Of- fense shall appear semi-annually for a period of TIPS FOR YOUR CASE 25 years. Theory of your case: One of the hardest things for a 3. An individual convicted of a Tier III Sexual Of- pro-se filer to do is to stay focused on the theory of his or fense shall appear quarterly for the remainder of her case. “The theory of your case” is the phrase or state- his or her life. (Previously, this type of require- ment that the court will instantly recognize as being the lynchpin, or centerpiece, of your case. In literature, this is called the main theme. Recall O.J. Simpson’s theme. Johnny Cochran ham- When submitting a letter or mered home the following statement, “If the glove does column to Graterfriends for not fit, you must acquit.” Find your theory and structure your petition around that statement. Weave a story line publication, please remember to and apply the law to the facts of your case. attach a letter (or note on your Diligence: You should give some consideration to tak- ing a paralegal course or learning from reading other submission) that it is for case briefs. Learn how other lawyers analyze case prece- dents. Learn the difference between controlling cases publication and that you are the and persuasive cases. Learn what it means to modify, extend, or make a new rule of law. original author; date and sign Politics: Beware, state and local court judges are the declaration. Thank you. elected officials and are averse to politically charged or 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 ― July 2012 ment was reserved only for sexually violent pred- On 4/16/12, I was issued a misconduct for “failing to ators, or SVPs). report to work.” I was given two weeks’ cell restriction. The unit manager didn’t want to hear the reason I could Under the Adam Walsh Child Protection & Safety Act, not go to work, even though it was a medical reason. He this form of registration has been made retroactive. The also wouldn’t pull me out of the kitchen. text of the act gives an example: “[a] Tier III sex offender who was released from imprisonment for such an offense Then, on 4/25/12, the psychologist FINALLY came to in 1930 will still have to register for the remainder of his the block to talk to me after numerous requests. To make or her life. A Tier II sex offender convicted in 1980 is a long story short, I requested to see the psychiatrist due already more than 25 years out from the time of release. to experiencing a very high level of anxiety, and the psy- A Tier I will have to register for 10-15 years. In such chologist would not let me in to see him. I also told her cases, a jurisdiction may credit the sex offender with the how much the kitchen job was worsening my condition. time elapsed from his or her release.” All she told me was, “I have nothing to do with employ- ment.” For the most part, the Adam Walsh Child Protection & Safety Act has been established primarily for federal Does this prison have the right to force someone who is prisoners. However, it does permit victims of state legally deemed permanently disabled and who collects crimes to participate in related federal habeas corpus SSD to work in the prison? If not, what action can I take proceedings, thus placing yet another road block in front to get out of the kitchen in order to avoid more miscon- of individuals who have been wrongfully convicted of ducts due to my medical problem? these offenses. This makes it even harder to either over- Also, when a mental health patient requests to see the turn their cases for a trial or to be released. psychiatrist, does the psychologist have the authority to The Adam Walsh Child Protection & Safety Act has deny that patient access to that doctor? If not, what ac- also established a post-conviction civil commitment tion can I take as far as that is concerned? scheme that authorizes the federal government to initi- One more question: Do prison officials have the right to ate commitment proceedings with respect to any federal write up someone for not reporting to work because of a prisoner in custody of the Federal Bureau of Prisons. medical condition? What can be done about that? Under this provision, even prisoners who have never been previously charged with or convicted of a sex crime I have a record of the misconduct and sanction, all re- may be civilly committed after completing their entire quest slips I submitted (with the responses), and the griev- prison sentence. [See U.S. v. Comstock, 5513d 274 (4th ance I currently have pending against the psychologist. Cir. 2009).] Act 111 also addresses such actions pertain- ing to state prisoners. I would greatly appreciate any and all advice regarding these issues. Thank you. I have the utmost respect and sympathy for Mr. John Walsh, his family, and the actual victims of these night- Keith Connors marish crimes. However, as necessary as this law is for HB-7072, SCI Mahanoy those who have committed these types of crimes, there are those of us who have been wrongfully convicted. To add to the already painful nightmare wrongful conviction CORRECTION brings, if their appeals fail, they are now looking at a new life sentence scarier than the one they already faced. In the January 2012 issue of Graterfriends, the article Please contact your families, your friends, and whatev- “Medical Alert: Understanding Prostate Cancer” was er state legislators and media outlets you can, and ask incomplete. The bottom paragraph should read: them to fight or lighten the weight of Act 111, or at least for those who have not been classified as SVPs or have Dr. Stephen Freedland of Duke University been wrongfully convicted. Medical Center writes, “Although our con- tention that prostate cancer grows more Jason Kollock rapidly and transforms earlier from latent HC-9934, SCI Houtzdale to aggressive disease in AA men requires validation, it is undisputed that AA men bear a greater prostate cancer burden… PERMANENTLY DISABLED, Continued efforts to vigorously screen for BUT FORCED TO WORK prostate cancer and understand underly- ing reasons for more aggressive disease in On the street, I receive treatment for mental health AA men are desperately needed.” disorders and, as a result, I was deemed permanently disabled and I collected Social Security Disability. We apologize for any confusion the last few missing words may have caused, and thank Frank Brown The problem is that SCI Mahanoy is forcing me to work (AY-6819, SCI Frackville) for noticing and informing in the kitchen, which worsens my condition. I informed us of the error. every official in that prison of that fact, via request slips, and they all claim that they can do nothing for me. 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 ― July 2012 for those sentenced with juvenile life without parole (JLWOP)! Mailroom Just to let the brothas know (Pittsburgh brothas in particular), Mr. Preston lost his primary election chal- lenge to (Pittsburgh City Democratic Party Committee Chairman) Ed Gainey on April 24, 2012. Mr. Gainey has no Republican challenger on the upcoming November ATTENTION PRISONERS: FREE NEWSLETTER election ballot, so he’s all but guaranteed to win and be sworn in as the 24th district representative. Mr. Gainey To get your free Under Lock & Key (UL&K) newsletter, send says his main concern is addressing the changes your name, number and address to the following address: brought on by the new Voter ID Bill! If we want/expect Mr. Gainey to support legislation such as HB-1994, I Under Lock & Key suggest we (particularly the brothas and sistas from MIM (Prisons) Pittsburgh) contact him ASAP and do some networking! PO Box 40799 San Francisco, CA 94140 Terrance Washington DN-3858, SCI Somerset UL&K prints issues that other newsletters do not. I even sent my grandsons copies of UL&K and Graterfriends. Editorial note: If you’d like to contact Mr. Gainey, his UL&K is a must-have for jailhouse lawyers. office address is below. Thomas Barndt Ed Gainey CT-7510, SCI Graterford 6014 Penn Avenue Pittsburgh, PA 15206 WE LOST ONE ANOTHER THOUSAND DOLLAR FIX TO A I learned today that we lost one. Our sister, Wanda HUNDRED DOLLAR PROBLEM Moore, who was released from here five years ago, passed away March 31. Although it hurt to know that I’d never The Pennsylvania DOC has instituted a state-wide get to talk to her again, or read her sloppy handwriting meal ticket program to discourage the small percentage that I teased her about, I was consoled by the fact that of us that eat twice. Meal trays on average cost about 40 she died basically free, and that she had been granted cents each to prepare. The Department of Corrections valuable time with her family (children, grandchildren, must now have over 50,000 meal tickets printed weekly and husband). God bless her in whatever is next for her! and have at least two more corrections officers assigned to each dining hall. The extra staff doesn’t just come in What pissed me off was that the DOC posts everything during meals; they work the full eight hours and with about us, especially the negative, but they didn’t let us jails that have three dining halls. This is very costly. know we lost a sister…a comrade…a friend. Why? Her death, to US, was important, as was her compassionate All this money could be better spent providing pro- release and her living beyond what they expected. I bet grams to assist us and maybe, just maybe, putting a that pissed them off — a strong, black woman, who once little bit more food on the trays in the first place, there- made a grave decision that cost someone else’s life, defied by cutting the NEED to eat twice. This is, yet again, the odds that fueled their compassion. another reason I call into question the wisdom of Cen- tral Office Administration, wasting a dollar to save a Well, great for you Wanda, and great for every second dime. As in my case, personally, they are spending thou- you got to truly live outside these gates. God bless your sands of dollars litigating a matter with me opposed to husband and all your children, grandchildren, and other spending less than eighty dollars to remedy the matter. loved ones. You became one of my heroes, and I (WE) will Like the headline states, “Another thousand dollar fix to miss your beautiful smile. a hundred dollar problem.” I ask you all to clip this sto- Terri Harper ry out and mail it to the Governor of Pennsylvania. OB-7637, SCI Muncy Darren R. Gentilquore GX-1572, SCI Albion HELP REGARDING VOTER ID LAW MAY COME FROM PITTSBURGH PRISONS: NOT JUST PUNISHMENT I read in the Legislative Highlights section of the May Prisons should not be just for punishment, but should 2012 Graterfriends that Allegheny County State Repre- be a means of reintegrating offenders back into society. sentative Joseph Preston (D-East Liberty) introduced Without education, prisons are just black holes that House Bill 1994, which would reduce sentences for cer- swallow up prisoners and hide them from the public. To tain individuals under the age of 18, and/or parole review be a real deterrent, prisons should be in the cities and 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 ― July 2012 towns where the crimes were committed so that friends VISITS CANCELED or relatives can learn from their mistakes. FOR STAFF APPRECIATION DAY James Detmer #525-717, 3505 Frederick Ave. Today was a sad day for those inmates who receive St. Joseph, MO 64506 visits on Wednesday, or any other weekday visit. All visits for Wednesday, May 9, were cancelled so that the inmate visiting room and play area for the visitors’ THE HARM AND THE BENEFIT children could be used for Staff Appreciation Day. It seems it’s easier for Taliban prisoners to get re- As far as I know, not one inmate nor family member leased than it is for Pennsylvania lifers to get commuta- complained, nor made a complaint to any higher-ups tion. On May 7, 2012, CNN aired a story revealing that about this blatant misuse of the inmate visiting room, and U.S. officials were reported to have “released up to 20 the unwarranted cancellation of all visits on this day. Taliban prisoners over a two-year period in an effort to In the 10 years I have been here at SCI Graterford, the promote peace talks” with the Taliban. They felt that inmates have not lost visits to this event in the past. So, the benefit from their release would outweigh any harm. why now? Why should the inmates and family members Meanwhile, Pennsylvania prisons are overflowing with be subjected to no visits when this has nothing to do with prisoners, costing taxpayers more money that could be a lockdown, as per the DOC policy, in which a lockdown used for education and communities. But it doesn’t look or security breach would be the only reason for visits to like Pennsylvania officials see the benefit of parole eligi- be canceled. bility or commutation for proven rehabilitated lifers. No disrespect to staff, but we were denied visits so that Unlike the “up to 20 Taliban prisoners” that were re- staff could have a BBQ, and that could have been taken leased just to “promote” peace talks, Pennsylvania lifers care of outside the walls of this institution as in the past, simply ask that the legislature and the Board of Pardons and another area could have been used instead of deny- and Parole take an honest look at deserving, rehabilitat- ing visitations just for Staff Appreciation Day. ed lifers’ behavior, work records, academic and vocation- So, what gives? This might aggravate some, but right al records, and home plans, and grant them commuta- is right, and wrong is wrong regarding the cancellation tion (life on parole), with all of the monitoring and su- of visits just to have a party. pervision necessary. James R. Cruz The cries for parole for lifers are getting louder, and an CL-1798, SCI Graterford established process like commutation can be an easy test to show how smart this would be. When you consider how low recidivism is for paroled lifers, it’s hard to see how any harm can outweigh the benefits. IN LOVING MEMORY OF JON YOUNT Marcus Lloyd I am saddened by the death of a very dear soul, Mr. DY-7903, SCI Coal Township Jon Yount. Jon was intelligent man; kind, inspiring and gentle. He, in my opinion, was certainly one of the many lifers who deserved a second chance at life outside the KUDOS walls. He will never get that opportunity now. After serving 46 years in these state prisons, Mr. Yount I just received my May issue of Graterfriends, and I decided to take his own life. I suppose he’d had enough of like the articles that were published this month. I espe- this cruel system we call the Criminal Justice System. cially liked the way that Dante Overby (GZ-5437) took Was it because the Board of Pardons shot him down yet the time to lay out the proper procedures for overcoming again? Or, perhaps he was simply tired of all the jailhouse a hard battle that a lot of men here feared to have to madness. I guess we’ll never really know. This system is fight themselves. Trial and error is a monster that no supposed to provide opportunities for inmates to show one wants to confront head-on. It’s nice to know that we redemption so that they may earn their way to freedom, have individuals out there who are fighting hard, and becoming productive members of society, yet it does not. not just laying down their proverbial sword. And even greater, that you’re sharing your triumph with us and Mr. Yount had written many articles over the years, sharing the map to help us navigate rough terrain. several in this very publication. Jon was always active in advocating in some way. If he wasn’t studying law for We need more articles of shared wins. It helps to see the betterment of the system, he was writing to legisla- candles still burning bright. Too many individuals give tors, or inspiring others to get involved in some way. He up, before they even start the good fight. And that, in was always trying to make things better. and of itself, is disheartening. Keep up the good work, and the fight. Jon kept busy all the time. He was either using his incredible brain for something positive, or going to the Torrey Real EL-1916, SCI Frackville (See Mailroom, continued on page 11) 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 ― July 2012 in which inmates reflected on their wrongdoings and engaged in wholesome, character-building activities. Eddy’s efforts were met with resistance from inmates who Bookcase consistently rioted and attempted to escape, causing pub- lic officials to question the efficacy of Eddy’s religion- centered policies and remove the Quakers from the prison inspectors board. In contrast with “the prison as garden,” Eddy’s succes- sors had a less gentle conception of the role of prisons in THE FURNACE OF AFFLICTION: PRISONS AND inmate reformation. Baptist minister Reverend John RELIGION IN ANTEBELLUM AMERICA Stanford envisioned the prison as a furnace in which BY JENNIFER GRABER “criminals necessarily experienced state-imposed physi- cal and psychological pain” in order to prepare them for Book Review by Danielle Collins, Editorial Assistant redemption. Stanford’s model was exported to prisons across the state, including Sing Sing (the successor to Newgate) and Auburn prison. In The Furnace of Affliction, Jennifer Graber explores the historical intersections between prison and Protes- In the ensuing years, explicitly religious dimensions of tantism in pre-Civil War America. Graber, an assistant prison life were slowly marginalized. Protestant reform- professor of religious studies at Wooster College, places ers’ theology of redemptive suffering was pushed aside for modern conceptions about prison and punishment in a “religiosity of citizenship,” in which ethical behavior historical context and notes that debates about the pur- and obedience to secular authority were tantamount. pose of prison have been ongoing for nearly two centu- Secularization resulted in a system quite unlike either ries. Policy and public discourse throughout the nation’s the garden or furnace Protestant reformers had envi- history have swung wildly between viewing prison as a sioned. Secular prison officials heaped more and more way to punish people or as an experience to aid in their degradation and physical punishment upon prisoners, rehabilitation, or both. For much of the country’s history, and by the middle of the nineteenth century, prison con- religion was central to the debate on both sides. ditions were widely acknowledged to be hellish. At this point, Protestant reformers shifted from attempts to in- As Graber demonstrates, early Protestant reformers fluence the direction of prison life to critiquing harsh in- had many different notions about how prisons should stitutional conditions and practices. In their attempts to function — and even what their role should be — but all institutionalize religious beliefs and practices in the pris- agreed that the nation’s penal institutions should feature on system and in society at large, antebellum Protestant humane living conditions and practices. They operated reformers actually laid the foundation for a system that under the religious notion that “criminals can and should be redeemed,” and wanted to make sure that pris- ons worked toward this purpose. Operating out of these SANITY-SAVING BOOKS convictions, Protestant reformers were central players in the process of shaping early American prisons. by James Detmer (#525-717, 3505 Frederick Ave., St. Joseph, MO 64506) Benjamin Rush, a Philadelphia physician, signer of the Declaration of Independence, and a founding member of I am a new subscriber with an indeterminate sentence of the Philadelphia Society for Alleviating the Miseries of which I have served 10 years and 74 days. I filed three the Public Prisons (now the Pennsylvania Prison Socie- lawsuits and lost them all due to a lack of any law li- ty), was among those who called for more humane prac- brary. Three books, free to prisoners, have helped me tices in criminal justice. Rush advocated for “strict but keep my sanity. I especially recommend them to lifers humane environments designed for reform,” involving and death row inmates. labor and solitary cells for the worst offenders. Working along side Rush at the PSAMPP were Pennsylvania What is Karma? Quakers who advocated for similar practices, along with Larson Publications Dept. A Bible reading and silence. 4936 Route 414 Burdett, NY 14818 Quakers were also a visible presence in the develop- Kabbalah Revealed ment of prisons in New York State. Newgate Prison in Laitman Kabbalah Publishers New York City, the state’s oldest prison, was established 2009 85th St. #51 as the result of efforts by Quaker merchant and philan- Brooklyn, NY 11214 thropist Thomas Eddy. As Graber writes, “Eddy’s prison ideal combined these internal [Quaker] traditions of The Story of Edgar Cayce child-rearing and group discipline with the Quaker ex- A.R.E. Press ternal concern for other people.” These influences and 215 67th St. concerns led to his conception of the prison as a “garden” Virginia Beach, VA 23451-2061 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 ― July 2012 Mailroom continued from page 9 Literary gym or outside to go for a walk. He kept active in mind and body. Jon has been a blessing for Corner many, and has touched the lives of far too many to count. He will be missed, but not forgotten. I and many others respect Mr. Yount — not only for how he helped others and how he held his head high, but for having the courage to HOMESCHOOLED leave this system on his terms, not on anyone by Hoodchild, aka James L. Hairston, #07762-068 else’s. Federal Correction Complex, USPII, Coleman, FL Rest in peace, dear comrade. We honor and respect you. As I contemplate tomorrow while living through today Dreaming my dreams, escaping my nightmares, Brenda Emerick Then I wake up. Rices Landing, PA It is no longer about my dreams but my reality, Knowing that my destiny relies upon my PhD. Pure, heartfelt determination. ANOTHER “CALM BEFORE Exercising patience, perseverance and the willingness THE STORM” to get back up after each fall, while vowing to relinquish my strength no more. Racism and racial discrimination is a blight on Books are my deliverance. the glory of American democracy. It withers the Self taught entrepreneur. hopes, dreams, and ambitions of millions of peo- I’ll rely upon man no more, I’ll create my own life’s ple. Left unchecked, it poses the greatest inter- doors. nal threat to the nation’s peace and prosperity. I long for freedom, but love tastes sweeter to To remove it, we must first expose it. We can- my heart. not allow it to hide behind the calculators and How can one be free from the incarceration of pocket protectors of “rational discriminators,” or their own reality when destined to fail from the start; beneath the robes of judges and corrupt employ- Under “The New Jim Crow.” ees in the profession of law. In order to gain a Past hurts and pains are the restraining hands deeper insight into our unconscious habitual that prevent our manhood from maturing; responses to stereotyped groups, we all must Education is the eye opening cure to a life answer the call of what Abraham Lincoln called not fit for a whore. the “better angels of our nature.” Either we rise “So I’ll be ignorant no more.” together or sink; the choice is ours as a people. A great man said, “Let us not seek to satisfy our thirst for freedom by drinking from the cup May God bless the family of bitterness and hatred.” Of those who lost loved ones So I’ll eat from the plate of Absolution, while To the bullet of no color sitting at the table of salvation and thank my No name or memory. Host Allah (ta) for the insight. My tomorrows can only be what I make them, Shameek Adams and my dreams are actually my realities guiding JE-0551, SCI Mahanoy me to success. Refusing to succumb to life stealing forces of pessimism, I will not surrender the light that guides me out of the abyss of self-destruction, and onto the path that can only lead to Firdous. “I will succeed!” Do you want to subscribe to Graterfriends? See the order form on page 14. 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 ― July 2012 Rights Division and it works to protect civil rights of peo- ple in state or local institutions, including: jails, prisons, Pssst… juvenile detention facilities, and health care facilities and rights of people to practice their religion in a state or Pass the Word local institution. The Special Litigation Section only handles cases that arise from widespread problems that affect groups of people. They do not assist with individual problems. SEXUALLY HARASSED? It should also be noted that Art. 1, Section 26 of the CONTACT U.S. DEPARTMENT OF JUSTICE Pennsylvania Constitution, also known as the Common- wealth’s “Non-Discrimination Clause” is designed to pro- by George Rashaan Brooks-Bey, AP-4884, SCI Frackville tect commonwealth citizens from harassment or punish- ment for exercising their constitutional rights. [Fischer v. I read an article by Dana Lomax-Williams (“Sound Dept. of Public Welfare, 502 A. 2d 114 (1985); Bronson v. Off,” Graterfriends, April issue) with interest and con- Lechward, 624 A 2d 799 (PA Commonwealth 1993).] cern. The Civil Rights Division, Special Litigation Sec- tion-PHB is investigating/litigating sexual abuse/ A Pennsylvania prisoner states a cause of action under harassment and prisoners with mental disabilities in Art. 1, Section 26 when she/he avers “(1) The conduct Pennsylvania’s RHUs being warehoused as a cruel form which led to the alleged retaliation was constitutionally of punishment and control. protected, (2) that she/he suffered some adverse action at the hands of the prison officials and (3) there is a causal If a prisoner (especially a female) is being sexually link between the exercise of his/her constitutional rights harassed or abused, he or she should not be hesitant and the adverse action taken against her/him.” [Luckett about contacting Jonathan M. Smith, Chief Investigator v. Blaine, 850 A. 2d 811, 819 N.14 (PA Commonwealth U.S. Department of Justice Section—PHB 950 Pennsyl- 2004); Anderson v. Davila, 125 F. 3d 148, 191 (3d. Cir. vania Ave. N.W. Washington, D.C. 20530. Your letter 1997).] I am presently working with Chief Investigator will be reviewed to see if there is a potential violation of Jonathan M. Smith of the U.S. Department of Justice. If your civil rights. The information you send may be ana- you are being sexually harassed or retaliated against for lyzed and your case will be selected or used as evidence filing a grievance, please write to Human Rights Coali- in the present investigation. Your letters will be thor- tion, Thomas Merton Center, 5/29 Penn Avenue, Pitts- oughly reviewed and if deemed necessary, you will be burgh, PA 15224. Your letter/complaint will be lodged contacted for additional information. and I and others will be notified. Keep “sounding off!” The Special Litigation Section is a part of the Civil You are being heard! NEMO EST SUPRA LEGES If Judge Berry was your sentencing judge, you may be able to use this information to file an appeal. It is very by Mike McLaughlin and Mindy Bogue important that, if you do so, you file in a timely manner. The above is Latin for “no one is above the law.” This Also note that you should, as well, file a complaint with is the way justice should, in theory, work. However, in the Pennsylvania Judicial Conduct Board in Harrisburg, Philadelphia there is a judge who has apparently been stating that it is highly improper for this judge to sit in above the law for over a decade: Willis W. Berry, Jr., a judgment of others in criminal cases, when he is still Court of Common Pleas Judge. open to criminal prosecution. Judge Berry was using taxpayer money to pay his sec- Have your family write letters to both the Pennsylva- retary to help him run a real estate office out of his judi- nia Attorney General and the Judicial Conduct Board of cial chambers — for 12 years. He was sanctioned by the Pennsylvania. Commonwealth of Pennsylvania Court of Judicial Disci- pline in 2009 (see: Re: Berry, 979 A.2d 991 [2009]), re- Remember: Nemo Est Supra Leges! ceiving a four-month suspension, without pay. However, several people do not think the sanction Pennsylvania Office of Attorney General went far enough. The Philadelphia Bar Association 16th Floor, Strawberry Square called for his resignation after the court found his action Harrisburg, PA 17120 “constitutes conduct which brings the office into disre- pute,” violating the Commonwealth’s Constitution. In Judicial Conduct Board addition, State Representative Steve Barrar introduced Pennsylvania Judicial Center a resolution in the House Judiciary Committee that 601 Commonwealth Ave, Suite 3500 Judge Berry be impeached. The resolution still sits in P.O. Box 62525 committee, and Judge Berry still sits on the bench. Harrisburg, PA 17120-0901 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 ― July 2012 $250 for first place, $100 for second place, and $50 for third place. Announcements Topics: Please write an essay addressing one of the fol- lowing questions:  What does fair treatment look like in prison?  How does your institution deal with inmates who are Preserving Your Claim Under the Prison violent or disruptive? Are people sent to solitary con- Litigation Reform Act (PLRA) is a new docu- finement? Is the disciplinary system fair, and does it help to maintain order? ment that was recently sent to all of Pennsylvania’s state prison libraries. It was written by Alex Rubenstein, 2012  Tell us about a notable or surprising experience Candidate for J.D. at Rutgers School of Law-Camden. It you’ve had with another person in the legal system— is intended to provide some background information on whether a judge, a lawyer, a guard, or anyone else. the PLRA, and also explain how the law impacts court What did you learn from it? claims filed while in jail or prison. Additionally, this pamphlet explains how to properly follow the grievance  The goals of criminal punishment include retribution process employed by the Pennsylvania Department of (giving people what they deserve), deterrence Corrections, in order to help protect any claims you may (discouraging future crimes), and rehabilitation bring relating to prison conditions from being dismissed (improving behavior). What purpose, if any, has your for failure to exhaust administrative remedies. Even for time in prison served? Should one of these purposes claims that are not affected by the exhaustion require- be emphasized more? ment, this pamphlet should serve as a helpful tool for correctly filing grievances.  Have you ever filed a grievance with jail or prison authorities to complain about conditions? Tell us If your law library does not have this pamphlet, please about it, and explain how the grievance process contact Graterfriends (address on page 2). works. Are grievances effective? How do prison au- thorities respond to them? How do you feel about Life Support for Women with an federal law’s requirement that prisoners file griev- ances before suing about prison conditions in court? Incarcerated Loved One is a support group for women looking for a safe place to share feelings and con-  If you have been released from prison, what chal- cerns about incarcerated family members. The group lenges did you face in reentering society? usually meets the second Tuesday of every month, from 4:00 p.m. to 6:00 p.m., at the Pennsylvania Prison Socie-  How, if at all, do you maintain relationships with ty: 245 N. Broad Street, 3rd Floor, Philadelphia, PA your family while in prison? Describe the prison 19107 (Race-Vine station, across from Hahnemann Hos- rules that govern how much contact you can have pital). with your family. How has being in prison affected your family relationships? Please note: Please do not discuss your innocence or guilt or ask for For more information: legal assistance with your case. Submissions are not con- Mason Barnett, 215-564-6005, ext. 106 (Prison Society) fidential. Whatever you write will not be protected by Desiree Cunningham 215-758-5877 (Support Group attorney-client privilege. If you have an attorney, please questions only) speak with your attorney before submitting your work. Rules: You may submit an essay if you have been an The Yale Law Journal welcomes submis- inmate in a prison or jail at any point from January 1, sions for their first Prison Law Writing 2010 through September 30, 2012. We welcome essays of Contest. If you are or recently have been in jail or about 1000-5000 words, or roughly 4-20 pages. Please prison, we invite you to write a short essay about your type your submission if possible. If you must write by experiences with the law. The three top submissions will hand, please be sure your writing is readable. Feel free to win cash prizes, and we hope to publish the best work. work together with others, but your essay should be in your own voice. Background: The Journal is one of the world’s most respected and widely read scholarly publications about Essays must be received by October 1, 2012. Email your the law. Our authors and readers include law professors submission to YLJprisonlaw@gmail.com if possible. If you and students, practicing attorneys, and judges. The con- do not have email access, please mail your work to: The test offers people in prison the chance to share their sto- Yale Law Journal, ATTN: Prison Law, P.O. Box 208215, ries with people who shape the law and to explain how New Haven, CT 06520-8215. Please include your name the law affects their lives. Where permitted by state law, and the name of the institution where you are or were the authors of the winning essays will receive prizes: imprisoned, and tell us the best way to reach you now. 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 ― July 2012 Ten Ways continued from page 2 Freedom continued from page 3 4. Do not whine about what you cannot control (or whose cries fall on deaf ears. at all). Accept. Adapt. Activate a new attitude. A wise man said, “Injustice is a threat to justice every- where, and justice too long delayed is justice denied.” 5. Do not compare your relationship to oth- You could never imagine the thoughts or feelings of an ers. Everyone does time differently. individual who has been unjustly kidnapped, convicted, and confined. 6. Go with the flow. Rules change frequently, with and without notice, with and without After 38 years of being innocent and wrongfully con- justification. victed, I thank the Creator for blessing me to still have my health and sanity. Although I am sick and tired of 7. When visiting, stay focused. Do not spend being sick and tired, my faith is what keeps me strong time explaining, complaining, and arguing Adversities in life only test who we are. with corrections officers while precious visit minutes tick away. Visit time is more im- What a price we have to pay for freedom. portant than proving a point. Settle it after the fact, if you can. No Action continued from page 4 8. Do not lock yourself away. It's natural to first time in over 30 years. This is happening all over the want to isolate yourself. It's okay to wallow. country, and Pennsylvania is no different. A window — Wallow with a get-up-off-your-butt action plan. our window — of opportunity is open, but it won’t be Staying home, declining invitations and turn- open forever. When it closes, it may not open again for ing people away will not make you feel better; another 20 or 30 years. it makes time linger. One prisoner in the fami- ly is enough. So I ask again, “Where do we stand on parole for lif- ers?” Talk is cheap, but actions are priceless. We cannot 9. Do not let friends and/or family talk you use the lack of a politician to champion our cause as an out of your confidence. Live your life, not excuse not to act. Obtaining parole falls to our own ef- the one they have planned for you. forts and politicians are just public servants — tools of the people — who carry out the public’s wishes. It is up 10. Redefine normal. Normal is what is routine to us to assert the appropriate public pressure through to you. our family members and other supporters to move them to assist us in reaching our goals. Reesy Floyd-Thompson is the founder of Prisoners’ Wives, Girlfriends, & Partners (PWGP). For more information We have to find a way to centralize our effort through about this group, please write Reesy at: our supporters. We must turn them into dedicated lobby- ists and spokesmen. We have to develop an effective PWGP marketing and advertising strategy. We need fresh ide- P. O. Box 14241 as. We. We. We. It is time lifers stop talking and take Norfolk, VA 23518 action. I invite a response from any lifer. 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.