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Tuesday, September 14, 2010

Kelso: Separate Prison Health Care From Corrections Dept. « Prisonmovement's Weblog

By J. Clark Kelso
Special to The Bee
Published: Tuesday, Sep. 14, 2010
Eighteen months ago, I promised to reduce prison medical costs by up to $500 million while improving the quality of care (“Prison health care reform can save money”; Viewpoints, March 16, 2009). Now that the 2009-10 fiscal year has ended, it is time for me to report on my promise.
We began the year anticipating our expenditures would be $2.146 billion. During the year, we implemented substantial changes to improve quality of care while simultaneously reducing unnecessary costs. The result? A reduction of $408 million in our expenditures. That is almost a 20 percent reduction and just over 80 percent of what I had forecast 18 months ago. My executive team and staff in the 33 institutions deserve the credit for this success.
These were not one-time gimmicks. These were permanent reductions in operations costs. This is an extraordinary accomplishment in one year and proof to critics that the public sector is capable of healing itself if given the freedom, independence and direction to get the job done.

 Continue reading:

Kelso: Separate Prison Health Care From Corrections Dept. « Prisonmovement's Weblog

Kelso: Separate Prison Health Care From Corrections Dept. « Prisonmovement's Weblog

By J. Clark Kelso
Special to The Bee
Published: Tuesday, Sep. 14, 2010

Eighteen months ago, I promised to reduce prison medical costs by up to $500 million while improving the quality of care (“Prison health care reform can save money”; Viewpoints, March 16, 2009). Now that the 2009-10 fiscal year has ended, it is time for me to report on my promise.

We began the year anticipating our expenditures would be $2.146 billion. During the year, we implemented substantial changes to improve quality of care while simultaneously reducing unnecessary costs. The result? A reduction of $408 million in our expenditures. That is almost a 20 percent reduction and just over 80 percent of what I had forecast 18 months ago. My executive team and staff in the 33 institutions deserve the credit for this success.

These were not one-time gimmicks. These were permanent reductions in operations costs. This is an extraordinary accomplishment in one year and proof to critics that the public sector is capable of healing itself if given the freedom, independence and direction to get the job done.





Continue Reading:

Kelso: Separate Prison Health Care From Corrections Dept. « Prisonmovement's Weblog

Sunday, August 29, 2010

Vicious, feared attack leaves Pa. inmate comatose « Prisonmovement's Weblog

Posted at: 08/29/2010 11:35 AM
By MICHAEL RUBINKAM

(AP) SCRANTON, Pa. – If his diary and witness accounts are to be believed, Nicholas Pinto endured months of physical, sexual and mental abuse in prison. Guards roughed him up, made him stand naked in a cold cell for hours at a time, and taunted him relentlessly. A fellow inmate raped him night after night, beat him when he resisted, and stole his possessions.

And no one, he claimed, did a thing about it.

“The overall treatment I have received from both the prison and (the prison’s) medical providers (is) unconstitutional, insufficient, cruel, inhumane and shamefully unacceptable,” Pinto wrote in April.

He feared for his life, yet the officials responsible for his safety appear to have ignored his pleas for help _ nor did they heed a warning from the prison chaplain that Pinto was in grave danger.

An accused child pornographer, he was at the bottom of the prison hierarchy. So what came next was perhaps inevitable.

The 29-year-old former Connecticut man was heading back to his cell block from a recreation area when he was ambushed by an inmate with a history of violence who was supposed to be locked down _ but wasn’t. The inmate knocked him to the floor and stomped on his head at least 15 times “with all his might,” according to a police report. Pinto’s face was shattered, and he suffered brain injuries that left him comatose.

After the attack, his assailant had enough time to return to his cell and use a rag to wipe evidence from his black sneakers, police said.

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Vicious, feared attack leaves Pa. inmate comatose « Prisonmovement's Weblog

Prisonmovement's Weblog

Folsom Prison riot ‘just seemed to explode’

By Carlos Alcalá
calcala@sacbee.com
Published: Saturday, Aug. 28, 2010 – 1:22 pm

A riot Friday that sent seven Folsom State Prison inmates to the hospital “just seemed to explode,” Department of Corrections Lt. Anthony Gentile said today.

The melee involving prisoners began in the main exercise yard at 7 p.m. and lasted about 30 minutes.

Corrections officers began to counter with gas “chemical agents,” Gentile said. “The desired result wasn’t achieved.”

Attempts by more than 45 staff to quell the fighting among about 200 inmates escalated to rubber rounds and then rifle fire, he said.






Prisonmovement's Weblog

Friday, August 27, 2010

Why End Drug Prohibition? Stops Racism, Ends Violence « Prisonmovement's Weblog

If drugs were legal, we could alleviate some of the more egregious forms of institutionalized racism within our legal system. For those of you who don’t believe this is the case let me suggest the problem is so bad that in order to find more racist policies one would have to return to the centuries of slavery in the United States. I understand that is a pretty harsh statement but I believe the statistics bear out its veracity.

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Why End Drug Prohibition? Stops Racism, Ends Violence « Prisonmovement's Weblog

Support the Arpaio 5 « Prisonmovement's Weblog

An Urgent Request from Grace Daniels

Friends, Family, Comrades:

I just spoke to my lawyer regarding the current state of proceedings regarding the charges being alleged against me since my arrest on January 16th at the Anti-Arpaio march in Phoenix, Arizona. I had hoped my next post on this topic would at least contain semi-positive news; unfortunately that is not the case. The prosecutor has disclosed their final plea deal which would require me to plead guilty to a class 5 felony, with a mandatory 30 days in jail, and a minimum of 1 year supervised probation (which could be up to 3 years).


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Support the Arpaio 5 « Prisonmovement's Weblog

Sunday, August 22, 2010

US: Family files police brutality suit against Seattle Police Department -- Signs of the Times News

Seventeen-year-old Joey Wilson called a neighbor for help soon after a police officer stopped him for jaywalking across a Queen Anne street.

When the neighbor arrived, he thought the situation was getting out of control, and quickly went back for his camera.

Joey explains what happened next.

"Two officers grabbed my arm. A third one started punching me. In the stomach, in the nose. My hands were being held I could not defend myself. I was thrown to the ground and I was kneed in the face. I felt my nose break," he said.

His mother, Mary Wilson, raced to the police station to pick him up.

"He was dazed, he couldn't move his neck. He was bloodied, his clothes were full of blood. And I put him in the car and drove him to the emergency room," he said.

Joey had a concussion and broken nose.

While any mother would be troubled to see their child like this, Mary explains that Joey is mentally disabled. He was born three months early, weighing just one pound, and has been in special ed his entire life.

"Joey doesn't reason or process things the way that you might expect from a person," she said.

Joey's lawyers say the family has tried to get information from the police department and the city about this incident and the officers involved.

But they say after getting no feedback for more than a year, they've decided to move forward with a lawsuit.

"The police, who are here to protect and serve us, must also be subject to the law. In fact, if anything, I think the public expects them to perform at a higher standard," said attorney Charles Swift.

Joey's mother says she could understand if Joey had gotten a citation for jaywalking, but insists there is no justification for this.

"I can't believe the police would do this to me. I did not do anything wrong. Before this I trusted the police. Now I am afraid they will hurt me again," said Joey.

Lawyers for Wilson says they have not set a dollar amount yet, in terms of what they are seeking from this lawsuit.

The Seattle Police Department has released a statement which reads in part "...the suspect was noncompliant and resistive when contacted by the first officer; the back-up officers were responding to a "Help the Officer" call, which is the highest priority request for assistance; responding back-up officers had no knowledge about the incident, only that a fellow officer needed help. And the suspect continued to physically resist even after back-up officers arrived."

The statement also says "The specific force used by each involved officer was detailed in a Department Use of Force report. A thorough OPA internal investigation was conducted and the four involved officers were exonerated on the allegation of 'Unnecessary Use of Force.'" Print


US: Family files police brutality suit against Seattle Police Department -- Signs of the Times News:

"http://www.sott.net/articles/show/213972-US-Family-files-police-brutality-suit-against-Seattle-Police-Department"

Video: Torture Inc. America's Brutal Prisons -- Signs of the Times News

Savaged by dogs, Electrocuted With Cattle Prods, Burned By Toxic Chemicals, Does such barbaric abuse inside U.S. jails explain the horrors that were committed in Iraq?

They are just some of the victims of wholesale torture taking place inside the U.S. prison system that we uncovered during a four-month investigation for the UK's Channel 4 originally aired in 2005.


Video: Torture Inc. America's Brutal Prisons -- Signs of the Times News:

"http://www.sott.net/articles/show/214045-Video-Torture-Inc-America-s-Brutal-Prisons"

Sunday, August 15, 2010

The Old and The Ill | Prison Reform Movement

Today more than ever, inmates are growing old and dying in prison – and costing the state several millions of dollars. The most expensive California prisoners have medical bills ranging from $100,000 to $2.5 million each, according to the federally appointed receiver who oversees the state’s prison health care. A federal receiver was appointed to run the system after California was declared incapable of providing adequate heath care to its inmates as the result of a 2001 lawsuit.

The average 55-year-old inmate has the health of someone 10 years older because of substance abuse or poor health before incarceration and the hardships of prison life. Aging inmates cost two to three times more than younger prisoners – on average more than $100,000 per inmate per year, according to a the National Institute of Corrections.



The Old and The Ill | Prison Reform Movement

Wednesday, August 11, 2010

Behind Bars -The California Convict Cycle

http://www.youtube.com/user/ucb2010news21#p/u/1/jwHbNo0XpCU

Prisonmovement's Weblog

Prisonmovement's Weblog

He was free, again. But his days outside the walls would be numbered.

Three months after being imprisoned for missing parole appointments and failing drug tests, Anthony Woods was scooped up by a corrections bus at San Quentin State Prison and dumped a few blocks from this mother’s home.

He looked down as he walked at first, watching one foot step in front of the other.

It didn’t take long to slip.

“I remember thinking ‘don’t look up,’ just go straight home,” Woods said.

But on the walk from the bus stop to his mom’s house, he couldn’t elude his long time tormenter: Crack cocaine.

“I had a few bucks, it was burning a hole in my pocket,” Woods said. “This is a neighborhood that’s infested,” Woods shook his head. “I can’t walk two blocks without the opportunity being there.”

Woods, 49, has two felonies on his record stemming from an armed robbery in the early 1980s.

He’s been on parole ever since.

Released in 1986, Woods has been in and out of California prisons at least 17 times according to prison records, mostly for dirty drug tests, missed appointments and “technical violations” of his parole.

Woods is just one of a group – tens of thousands strong – of ex-convicts paroled in California every year. They often face bleak prospects for employment and debilitating drug addictions.

And more than 70 percent of the time, they prove unable to comply with the terms of their parole.

Last year, more than 66,000 paroled felons were returned to custody without being convicted of a crime. The violations that land them back in prison include failing drug tests and missed appointments with parole agents.

“They go in, they spend on average about two months, they continue to get released, they’re out about an average of four to six months, they’re back in,” said Joan Petersilia, a law professor at Stanford. “Prisoners on the inside refer to this as ‘doing life on the installment plan.’”

CDCR is working to reduce its population to comply with a ruling last year by a three-judge federal panel.

State law SB3x18, which took effect in January, released parolees convicted of non-violent crimes from traditional parole supervision.

“It’s estimated that about 10,000 people who would have gone to prison last year will not go to prison this year,” Petersilia said.

The law aims to lower the costs of imprisoning and supervising convicts who pose little threat.

Recidivism has been a major driver of skyrocketing corrections costs, which gobble up about 11 percent of the state budget, or roughly $8 billion – more than the state spends on higher education.

In 2008, 136,000 prisoners in California were released into California communities.

As part of the reform, parole agents are handling reduced caseloads while thousands of gang members and other felons have been put on electronic tracking devices as an alternative to incarceration.

More than seven in 10 parolees return to prison within three years in California, the nation’s worst rate, according to Gov. Arnold Schwarzenegger’s office.

The state spends about $49,500 per year to house a prisoner, Petersilia said.

“A major part of what determines whether a parolee will be successful or not is employment,” said Theodore Pacheco, a parole agent who has worked specifically with Woods’ case. “We show them the vocational, educational and drug treatment opportunities available to them when they get out.”

But upon release, parolees are more often poised to fail than succeed, said Richmond Police Chief Chris Magnus.

“A lot of our ongoing crime is committed by folks who are recidivists,” Magnus said. “Budget cuts for important programs inside prisons mean that inmates land on our streets often worse off than they were when they went in.”

In July, Pacheco remanded Woods to custody barely a month after his release for missing several appointments and testing positive for drugs. Woods spent more than two weeks in custody, including a trip back to San Quentin State Prison for just a few days, where he said he went through a familiar battery of intake processes.

Before the mid-1970s, prison sentences were indeterminate, Petersilia said, so inmates could be released earlier than their original sentence if they completed vocational or academic classes in addition to good behavior.

Now, sentencing reforms have resulted in “determinant” sentences, Petersilia said, which has resulted in inmates receiving guaranteed release dates, despite cuts in rehabilitation programs leaving them ill-prepared to return to society.

Woods, with his robbery convictions from the early 1980s, still qualifies as a two-striker and a parolee who could pose a threat.

Stories like Woods’ are a big part of California’s corrections crisis, said Barry Krisberg, a senior fellow at the Berkeley Center for Criminal Justice.

“We’re just recycling people over and over and over through this system,” Krisberg said. “And a lot of them for fairly minor offenses, who continue to have drug problems or whatever, and we lock them up for 90 days, which costs a lot of money and does not advance public safety.”

According to CDCR records, of 84,882 paroled felons who were returned to prison last year, 66,261 were returned for violating conditions of their parole, not for committing new crimes.

“This makes no sense,” Petersilia said. “Unfortunately we don’t have the political will to change it because there will be a parolee … now out on parole and they’ll miss an appointment or test positive and we won’t send them back to prison and they’ll murder someone.”

The California Rehabilitation Oversight Board (C-ROB) issued a report in March warning that cuts to already stripped down educational and vocational programs in state prisons jeopardized efforts to reduce prison populations.

“The recent budget cut to inmate programming may well mean that the hope for reduction in recidivism will not be achieved any time soon. Without some reduction in the parole return rate it seems likely that California will be unable to get control of the inmate population crisis,” the report read.

Recidivism wasn’t always an intractable problem.

In 1980, only about one of four parolees ended up back in prison.

A 2003 report from the Little Hoover Commission brought California corrections’ recidivism problem to the fore when it showed that most parolees were returned to prison for technical violations, memorably calling the system a “billion-dollar failure.”

CDCR spokeswoman Terry Thornton points to reports that show inmate populations on a steady decline.

The state has shed prisoners for three straight years, including a drop of more than 4,000 in 2009.

Back in Richmond, Woods has little hope for reform that may affect him. He said he is resigned to a life of cycling in and out of prison.

The reason? He has no illusions about ceasing his use of crack cocaine.

“I don’t see how I’ll ever quit,” he said, rolling a small, glass crack pipe between his thumb and forefinger. He added that he wishes he could stop.

Moments later, he’s ambling off to a liquor store on the corner near his mother’s home.

Within minutes, he scores $8 worth of crack cocaine – a small bag with two BB-sized rocks pressed into a handshake – some of which he quickly loads into his pipe.

He takes refuge in a nearby park. He squats behind some weathered bleachers, which shelter him from a mild breeze.

He reasons that because he smoked crack on the day of his release, he would already “test dirty” if required by parole to submit urine.

“It doesn’t matter anymore,” he said, lowering the glass pipe into the orange flame of his butane lighter. “If they want to send me back, what can I do?”

Credits

Reporting and production by Robert Rogers and Guilherme Kfouri

Source: Berkeley News21

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Saturday, August 07, 2010

Voices from Solitary: Gang “Validation” and Permanent Isolation in California Prisons

August 7, 2010
In prisons throughout the country, perceived gang membership is one of the leading reasons for placement in solitary confinement. In California alone, hundreds of prisoners are in Security Housing Units (SHUs) because they have been “validated” as gang members. The validation procedure used by the California Department of Corrections and Rehabilitation (CDCR) employs such criteria as tattoos, reading materials, and associations with other prisoners (which can amount to as little as a greeting) to identify gang members.
It is a system clearly open to abuses. California Prison Focus, the prisoners’ rights organization based in Oakland, often documents these abuses in its newsletter, and even publishes a Prisoner Self-Help Manual to Challenge Gang Validation. The report on the Corcoran SHU in CPF’s Summer 2010 newsletter included the following:
Many prisoners report that they are validated as gang members with evidence that is clearly false or using procedures that do not follow the Castillo settlement… CPF has received hundreds of requests for its legal manual on how to challenge a prison gang validation, even though we ask for a $20 donation to cover costs. Prisoners generally report that the SHU cells are overflowing and Administrative Segregation Units are now being filled with prisoners with indeterminate SHU sentences. CDCR officials use the torturous conditions of SHU confinement against the prisoner in order to find out more about prison gangs. CDCR officials pressure prisoners to “debrief” (that is, implicate others who are involved in gang activities) so that they can get out of SHU and sent to a special needs yard.
Prisoner K reported several pieces of fabricated material used against him (details omitted in order not to identify the prisoner). He suggests that CSP-COR officials are trying to “break” mainline prisoners by plucking out those with any sort of “structure” (meaning psychological balance, ability to think for oneself and stand up for one’s rights) and trying to “break” them (psychologically) by keeping them in solitary confinement SHU cells.
Prisoner L reported that he was offered release from the SHU. When he arrived at general population housing, he was asked to sign a prepared statement that implicated another prisoner of being a member of a known prison gang. He refused to sign and was re-validated using over-six-year-old evidence from a prison where he was previously housed.
To continue reading click the title.....

Thursday, August 05, 2010

California's First Fast 4 Freedom - Topix

California's First Fast 4 Freedom - Topix

Thousands Fast 4 Freedom in Communities

Inside and Outside the Prison Walls!

WHAT: Fast 4 Freedom – Families and Friends of the incarcerated, along with prisoners within prison walls and several Prison Reform groups will fast for one day to shed light and spread awareness of the pervasive injustices within the State of California.

WHERE: ALL 33 California State Prisons and various communities throughout the state.

WHEN: Friday, August 6th – all day fast. Actions will take place at 5 locations throughout the state and are scheduled to begin at 11:00 / 11:30 AM.

WHY: Because so many are being held behind bars for a long, long time, for nothing more than California’s overzealous, insatiable appetite to over criminalize, over incarcerate and over feed the prison industrial complex. Thousands upon thousands are starving for FREEDOM! Some of the issues being highlighted are: Three Strikes, Indeterminate Life Sentences, Juvenile LWOP, Lifer and Parole Issues, Education vs. Incarceration

Los Angeles Action: 11:00 AM @ State Building, 300 South Spring St.; Los Angeles Offices of Governor Schwarzenegger, Senate Pres. Pro Tem, Darrell Steinberg, Speaker of Assembly & John Perez. Contact Geri Silva @ 213-746-4844

Indio Action: 11:00 AM @ Assembly Member V. Manuel Pérez’s office in Indio located at 45-677 Oasis Street, Indio, CA. Join Place 4 Grace and members of the community. Contact Karen McDaniel @ 760-412-7585

Fresno Action: 11:00 AM @ Governor Schwarzenegger’ S office – 2550 Mariposa Mall # 3013 in downtown Fresno. Join California Prison Moratorium Project and members of the community. Contact Ashley Fairburn @ 559- 908-9607

San Francisco Action: 11:30 AM -1:00 PM @ the State Building, 350 McAllister St (at Polk), San Francisco offices of Mark Leno, Senate Public Safety Committee, Tom Ammiano, Assembly Public Safety Committee and Fiona Ma, Assemblywoman from San Francisco. * People will be fasting in front of the State Building from 10:00 AM – 4:00 PM . Contact Lisa Alatorre @ 510-444-0484 Ext. 1002

Sacramento Action: 11:00 AM – 12:00 PM @ Senator Darrell Steinberg’s District Office, 1020 ‘N’ Street, Suite 576, Sacramento, across from the Capitol & 1:00 PM – 2:00 PM @ Assemblyman Dave Jones District Office, 915 ‘L’ Street, #110, Sacramento. Contact Barbara Brooks, SJRA Advocate @ 530-329-8566

http://www.facebook.com/profile.php?id=1403834094&v=wall&story_fbid=129656910411401#!/Fast4Freedom?v=wall&ref=mf

Saturday, July 31, 2010

California Storing DNA of Innocent People « Prisonmovement's Weblog


California’s law mandating that DNA samples be taken from all felony arrestees is facing a legal challenge from the ACLU of Northern California.

Forcing people to provide a DNA sample without any judicial oversight, just because a single police officer has arrested them, violates the Constitution. That’s why California’s law mandating that DNA samples be taken from all felony arrestees is facing a legal challenge from the ACLU of Northern California (ACLU-NC).

At issue is Proposition 69, a voter-enacted law which mandates that anyone arrested on suspicion of a felony in California has to hand over a DNA sample, regardless of whether or not they are ever charged or convicted. As a result, tens of thousands of innocent Californians will be subject to a lifetime of genetic surveillance because a single police officer suspected them of a crime.

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California Storing DNA of Innocent People « Prisonmovement's Weblog

Wednesday, July 28, 2010

California’s first Fast 4 Freedom « Prisonmovement's Weblog

California’s first Fast 4 Freedom « Prisonmovement's Weblog

FAST 4 FREEDOM….Join US!!

“Because so many are starving for FREEDOM”
Our Goal: to shed light on & spread awareness of:
Three Strikes
Indeterminate Life Sentences
Sentencing Reform
Lifer & Parole Issues
Family Visits
Education vs Incarceration
Criminal Justice & MORE!!

DATE: Friday, August 6TH, 2010

WHERE: ALL 33 California State Prisons

Rallies to be held at: San Francisco, Fresno, LA, Sacramento, Indio
for more information on rally locations, please see our Facebook Fan Page
Our Sponsors: FACTS ( Families to Amend California’s Three Strikes), CPMP Valle ( California Prison Moratorium Project), CURB Alliance (Member organizations include Critical Resistance, All of Us Or None, Families to Amend California’s Three Strikes, California Coalition for Women Prisoners, Youth Justice Coalition, Legal Services for Prisoners with Children, American Friends Service Committee and many more….) The Place 4 Grace, and SJRA-The Advocate.

Fast 4 Freedom is: a day of fasting throughout the vast network of
California prisons to remind legislators how hungry we all are for a just
and equitable change in the State’s approach to public safety.

Bloated by a failed policy of mass incarceration and laws such as Three Strikes and
Mandatory Minimums, California’s prisons are filling at a far greater rate
than even history’s largest prison expansion project can meet.

Too many lives are wasted in a system that refuses to utilize prevention or
rehabilitation. California’s problems can only be
solved through proper funding of education, community resources and prevention/intervention programs.

We must fund communities, not cages, and begin a true effort in maintaining public safety for all Californians.


**We are planning a NATIONAL DAY OF FAST 4 FREEDOM in the Fall to call attention to the need for NATIONAL PRISON REFORM**

Has the Most Common Marijuana Test Resulted in Tens of Thousands of Wrongful Convictions? « Prisonmovement's Weblog

Has the Most Common Marijuana Test Resulted in Tens of Thousands of Wrongful Convictions? « Prisonmovement's Weblog

More than 800,000 people are arrested on marijuana charges each year in the United States, many on the basis of an error-prone test.

Raised in Montana and a resident of Alaska for 18 years, Robin Rae Brown, 48, always made time to explore in the wilderness. On March 20, 2009, she parked her pickup truck outside Weston, Florida, and hiked off the beaten path along a remote canal and into the woods to bird watch and commune with nature. “I saw a bobcat and an osprey,” she recalls. “I stopped once in a nice spot beneath a tree, sat down and gave prayers of thanksgiving to God.” For that purpose, Robin had packed a clay bowl and a “smudge stick,” a stalk-like bundle of sage, sweet grass, and lavender that she had bought at an airport gift shop in Albuquerque, New Mexico. Under the tree, she lit the end of the smudge stick and nestled it inside the bowl. She waved the smoke up toward her heart and over her head and prayed. Spiritual people from many cultures, including Native Americans, consider smoke to be sacred, she told me, and believe that it can carry their prayers to the heavens.

As darkness approached, she returned to her pickup truck to find Broward County’s Deputy Sheriff Dominic Raimondi and Florida Fish and Wildlife’s Lieutenant David Bingham looking inside the cab. The two men asked what she was doing and when she said she had been bird watching, Bingham asked whether she had binoculars. As she opened her knapsack, Officer Raimondi spotted her incense and asked if he could see it. He took the bowl and incense, asking whether it was marijuana. “No,” she recalls saying. “It’s my smudge, which is a blend of sage, sweet grass, and lavender.” “Smells like marijuana to me,” said Raimondi, who admitted he had never heard of a smudge stick. He then ordered Robin to stand by her truck, while he took the incense back to his car and conducted a common field test, known as a Duquenois-Levine, or D-L, test. The result was positive for marijuana.


Continue Reading @ PrisonMovement's Weblog

Prisonmovement's Weblog

Prisonmovement's Weblog

Something a little different here today as there is lots of happenings in criminal justice today…..read on!!

Tuesday, July 27, 2010

House approves creation of National Criminal Justice Commission

Though we still await action from the House of Representatives on reform of the crack sentencing statutes, here is some notable news from the people’s chamber (as reported via an e-mail from The Sentencing Project):


Continue Reading @ PrisonMovement on Wordpress

Sunday, March 07, 2010

VITAL:: Death warrant for March 24th is upheld by the CCA - Help Hank get the DNA testing

 Everyone- please write on Hanks Behalf....DNA MUST be tested before Texas can execute ...This is for all of us, not just Hank!- we can make an IMPACT and possibly save a life if YOU take 15 minutes and write!!
We cannot allow Texas to disregard humanity or justice....PLEASE!!! please post to other groups or share with others who will help.....

Death warrant
for March 24th is upheld by the CCA - Help Hank get the
DNA testing

On March 4th, the CCA affirmed the March 24th date for Hank's
execution, or more exactly it states it doesn't have jurisdiction to
overrule the Judge's order. The order has been posted in the legal
documents section on the website.

Please help Hank get the DNA testing. I have added a list of
newspapers and journalists to whom you can copy your letter to the
DA, below:

Hank sent a 5-page letter to the Gray County D.A. Lynn Switzer with a
number of exhibits, which was received by her office on January 27th
2010.

These documents can be downloaded in the "legal documents" section -
"DNA Issue" paragraph on the website.

Please take the time to read the letter, the exhibits document all
the points and statements made by Hank in his letter.

As you will understand from his letter, Hank is asking the D.A. to
put the execution warrant on hold, to grant him a 120-day reprieve
and order the DNA testing. It is important to support him in this
vital attempt. Of course the purpose is NOT to write to the D.A. and
attack her for what she hasn't done or should have done. What needs
to be emphasized is that justice calls for the truth and the untested
evidence is crucial to prove his innocence. Her position as D.A. is
to ensure that justice is served and not to allow the execution of an
innocent man when so many issues remain unresolved just a few weeks
from his execution date.

You can send your letters with reference "Hank Skinner - Execution
Date March 24, 2010" to:

Ms. Lynn Switzer
District Attorney
Gray County Courthouse
Pampa TX 79065

For more impact, you may consider copying your letter to a local
media of your choice and also to enclose a copy of Hank's letter as
well. If you do so, make sure you include the information after your
signature; ie: cc. Houston Chronicle (whathever newpaper you choose
or the journalist's name). Here is a non-exhaustive short list of
newspapers and/or journalists you can cc your letter to:

The Pampa news
PO Box 2198
Pampa TX 79066
Editor bphillips@thepampan ews.com

The Amarillo Globe news
Letters to the Editor
PO Box 2091
Amarillo TX 79166
Fax 1 806 345 3400
Letters@amarillo. com

The Houston Chronicle
Roma Khanna - roma.khanna@ chron.com

The Austin American-Statesman
Chuck Lindell - clindell@statesman. com
Steven Kreytak - skreytak@statesman. com

The Dallas Morning News
Emily Ramshaw - eramshaw@dallasnews .com
Editor Michael Grabell - mgrabell@dallasnews .com

The Texas Tribune
Brandi Grissom - bgrissom@texastribu ne.org

CBS News - 60 minutes
60m@cbsnews. com

The Chicago Tribune
Steve Mills - smmills@tribune. com

The Columbus Dispatch
Jeff Dutton - jdutton@dispatch. com

Here are some points you can raise:

- All of the state's chief investigators and medical examiner on the
case testified in pre-trial and trial that they personally collected
the evidence in question that we are seeking to test, that they
believe evidence would conclusively show who killed Twila, Scooter
and Randy. So why won't they allow it to be tested?

- Both the State's star witnesses (Andrea Reed & Howard Mitchell)
have testified that they believe Hank to be innocent.

- All three of the previous D.A.s have publicly stated that they
believe the evidence needs to be tested.

- Article 2.01 of the TX code of criminal procedure compels the D.A.
to test the evidence or, allow the deffense to test it.

- The D.A. has admitted in Ch 64 DNA pleadings that the evidence is
in a condition making testing possible, that the chain of custody has
been maintained, that the evidence is capable of providing a
probative result and idendity is an issue in Hank's case.

- Texas should not execute a man it does not know for a fact to be
guilty. After Andrea Reed's recantation, according to the state own's
experts, the remaining evidence does nothing to prove guilt at all.
The A.G has stated through his spokesman that it would violate the
constitution to murder someone who is innocent - that has got to
apply equally to someone they do not know for a fact to be guilty.

http://www.hankskin ner.org

"How people treat you is their karma; how you react is yours" -Wayne Dyer


                                     

 

























Wednesday, February 10, 2010

'Pizza thief' walks the line- Three Strikes

Jerry Dewayne Williams quietly got another chance after the three-strikes law sent him to prison for 25 years to life. Now, any mistake could send him back

'Pizza thief'
Staying out of prison hasn't been easy for Jerry Williams. (Francine Orr / Los Angeles Times / June 23, 2009)


If he ever returns to prison, Jerry Dewayne Williams knows he'll probably never get out.

To stay clear of trouble, he has left behind the Compton neighborhood where police knew him and cut ties with friends from wilder days. Once a hard partyer, the 43-year-old says he prefers the company of a mystery novel or a "Law and Order" episode on television.

Williams is one of more than 14,000 felons who, under California's three-strikes law, face a possible life sentence if they commit another felony. But few, if any, grasp the reality of that threat better than Williams.

Fifteen years ago, the gangly laborer made worldwide headlines when he was convicted of snatching a slice of pizza from a group of children near the Redondo Beach Pier. A judge, citing California's newly adopted three-strikes law, sentenced him to 25 years to life.

Williams -- dubbed the "pizza thief" -- became an iconic symbol in the political and ideological battle over California's push to get tough on crime. But as the public furor over his case subsided, Williams persuaded a judge to reduce his prison term, and he was quietly released after a little more than five years behind bars.

A decade later, Williams finds himself serving a different kind of life sentence.

"I walk on eggshells," he said. "Any little thing that I do, I could be back for the rest of my life."

Controversial life sentences under the three-strikes law are hardly novel. Those sentenced under the law include a thief caught shoplifting a bottle of vitamins and a drug addict who swiped nine videotapes to sell for heroin.

But few cases have polarized opinion as much as Williams' theft of an extra-large slice of pepperoni pizza. The case continues to divide today, resurfacing whenever opponents of the law launch another reform attempt.

Williams' story since his release offers fuel to both backers and opponents of three strikes.

For opponents, Williams' success in staying out of prison repudiates one of the central ideas behind the law: That three-strikes offenders are beyond redemption and should be locked up for life.

For supporters of the law, Williams' efforts to avoid trouble illustrate how three strikes is working as a powerful deterrent.

Now living in Moreno Valley, Williams remains bitter about the case that brought him notoriety. But he acknowledges his role in the ongoing debate over the sentencing law.

"If I go back to jail, it proves three strikes is right -- that this is where I belong," Williams said. "So I have to stay out."

Staying out hasn't always been simple.

Growing up, Williams recalls that his mother and stepfather were loving but strict. But by 18, he was already familiar to police.

In 1985, he was arrested twice on suspicion of car theft and was convicted of receiving stolen property. Over the next several years, Williams racked up convictions for drug possession, vehicle theft and robbery, serving time in jail and on probation. He was eventually sentenced to two years in prison for attempted robbery and for violating probation.

After his release in April 1993, Williams appeared to turn his life around. He passed his drug tests and found work through a temporary employment agency. Impressed, a parole officer ended Williams' parole early in May 1994.

Two months later, on July 30, Williams headed to a bar near the Redondo Beach Pier with a group of friends.

Nearby, Mary Larson was looking for a place to eat for her sisters and her children. The adults wanted to eat at one of the fish restaurants near the pier. The four children -- ages 7 to 15 -- wanted pizza.

The parents found a pizza stand and ordered, leaving the children at an outdoor table with the eldest in charge. When the adults found a fish restaurant, Larson's husband, Keith, went to check on the children. He returned with all four.

"Some guys stole our pizza," the Larsons' 15-year-old son blurted out.

Williams was arrested at a nearby arcade.

The 27-year-old Williams had stumbled into a political storm raging over how to deal with recidivists.

Public anxiety over crime had reached new heights with the 1993 killing of Polly Klaas, a 12-year-old taken at knifepoint from the bedroom of her Petaluma, Calif., home by a twice-convicted kidnapper.

In the wake of Klaas' murder, a statewide campaign was mounted to adopt a "Three Strikes and You're Out" law. The proposal, which went on to win overwhelming voter approval, targeted offenders with at least two serious or violent previous crimes, such as rape or robbery. Any new felony conviction triggered a prison sentence of at least 25 years to life.

As the campaign gathered momentum, the state Legislature passed a nearly identical measure in March 1994, four months before Williams' arrest.

Opponents of the law cited Williams' case as evidence that three strikes could produce punishments grotesquely out of proportion with the crime. Supporters of three strikes, however, denounced Williams as a poster child for the new law, pointing to his long criminal history as evidence that he had not reformed. Gov. Pete Wilson called Williams' action "a strong-arm robbery."

When Williams stepped into a Torrance courtroom in August 1994, he was met by television cameras and protesters.

"It was crazy," he recalled. "I was treated like I just shot the president."

At their home in El Segundo, the Larsons were also stunned by the reaction. The family rebuffed reporters' offers to talk publicly about the case.

Some of their friends expressed disbelief at the prosecution until they learned who the victims were. To the Larsons, a life sentence seemed like a lot, but they also wanted the person who robbed their children to face consequences.

"I really did feel like the kids were victimized. They were terrorized there for a few minutes," recalled Keith Larson, a former police officer and military prosecutor.

A victims' rights groups offered to help them tell their story. But the couple just wanted the court to do its job.

At his trial, Williams disputed the children's account, insisting that they told him he could have the pizza slice. Jurors deadlocked on robbery charges but convicted Williams of felony petty theft, enough to trigger a three-strikes sentence.

Williams' defense attorney pleaded for leniency, calling life in prison "shockingly excessive." The prosecutor disagreed.

"He's had his share of second chances," Deputy L.A. County Dist. Atty. Bill Gravlin said.

In prison, Williams said he shared a cell with a murderer who was serving a shorter sentence than his. He became known inside as the "pizza man."

"Everybody thought that I had shot a pizza delivery man," he recalled.

Williams had begun to accept that he would never get out when the California Supreme Court offered hope. The court ruled that judges could spare a third-striker a life sentence by overlooking previous convictions.

Scribbling on yellow legal paper, Williams wrote a letter to the judge who had sentenced him, begging him to reconsider.

I "can understand the people's point about repeat felons," he wrote, "but I can say that my crime life is really past history."

On Jan. 28, 1997, Williams returned to the courtroom of Superior Court Judge Donald F. Pitts. Also returning was Gravlin, the veteran prosecutor, who objected to changing the sentence.

Standing before the judge, Gravlin unfurled a computer printout of Williams' criminal history that extended from his outstretched arm to the floor.

"He has not learned," Gravlin told the court. "He has not repented."

But the judge ruled that reducing the punishment was in the interest of justice. Williams would be out in less than three more years.

In October 1999, Williams walked out of a state prison in Soledad. He moved in with a sister in Lynwood, but his prospects looked bleak. He could not find work. Some of his neighbors were selling drugs.

Fearful of returning to prison, he moved to Corcoran, Calif., to live with his mother.

Ruthie Humphrey noticed a profound change in her son. He had lost his appetite for trouble. But also gone was the fun-loving extrovert she fondly recalled. Williams was angry. He cut himself off from friends.

"He didn't come back to me the same," Humphrey said. "Some parts of him were still left in jail."

In Corcoran, Williams helped his mother manage apartments. He drove a forklift at an onion plant. He pollinated fields using bees. He operated a machine at a cardboard box factory.

He began dating a local woman and moved in with her. Once again, it appeared as though Williams had turned his life around.

But in September 2003, his girlfriend called 911 and reported that Williams was verbally abusing her. A police officer arrived to find Williams moving out after a fight and demanding $150 he had paid toward the bills.

As the officer looked on, Williams told his girlfriend: "I'm going to put a bullet in your ass if I don't get my money."

Williams, who was unarmed, was arrested and charged with making a criminal threat, a felony that could have landed him back in prison for life. But Kings County prosecutors did not treat the crime as a third strike. Williams pleaded no contest to a misdemeanor and was released from jail after 17 days.

As part of his sentence, he was barred from leaving Kings County without permission. Nevertheless, Williams moved to Moreno Valley to live with another sister. An arrest warrant was issued and remains active.

Williams says he is different from the young man who built a lengthy criminal resume in his teens and 20s. Using long sleeves he hides old gang tattoos, including "crip or cry, high til I die" on his left arm. Since landing in Moreno Valley, he has been arrested once -- for being drunk in public -- but was released without charges being filed.

Williams says he was wrong to have approached the children on the boardwalk but still insists they let him have the pizza. He laughs at how friends tease him about his notoriety when they go out for pizza.

"I make sure people are around when I ask for it," he said.

Williams has struggled to find steady work. No one, he says, wants to hire a felon.

"I paid my debt to society. . . . How long do I have to be punished for?" he asked. "I feel like they want to see me back in jail."

Williams says the three-strikes law was never meant for someone like him, despite his record, and that he would be determined to stay straight even without the threat of a life sentence. But without a job, he fears he might one day slip up.

"By the grace of God, I was given a second opportunity," he said. "But every day that goes by becomes harder."

Gravlin, the prosecutor, retired in 2003. He recalled feeling conflicted when Williams asked to have his sentence reduced. Gravlin said he felt obliged to argue against it so the judge could consider both sides. But he also felt that Williams should serve less time.

"In hindsight . . . justice was done," Gravlin said.

Mary and Keith Larson said they trusted in the courts to do the right thing. They harbored no hard feelings toward Williams, they said, but hope he keeps out of trouble.

"If he's walking on eggshells or thinking, 'I need to behave myself,' that's good," Mary Larson said. "We want people behaving themselves."