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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."
 

 

Thursday, February 04, 2010

Adding Fuel to the Fire…..



Adding Fuel to the Fire......

Chowchilla inmates aim to help victims

Posted at 11:29 PM on Wednesday, Feb. 03, 2010

CHOWCHILLA -- They've robbed. They've stolen. They've murdered.
But despite their past crimes, nearly 100 women gathered in a prison gym Wednesday to hear how they can help victims of serious crimes. Some wanted to know how they could help the very people they hurt.
The inmates are part of a club at Valley State Prison for Women that focuses on raising money for charitable groups and, as they describe it, repay their debt to society. One of the women in the club, called the Long Termers Organization, sent a three-page letter in August to the Victim Compensation and Government Claims Board -- a state agency that distributes about $100 million a year in funds to crime victims in need of health care, therapy or other services as a result of the crimes committed against them. The inmate, Crystal Potter, wanted to know whether the board would be willing to let her club know how they could help.
"We may never gain the trust or the forgiveness of our victims, but to do now what we should have been doing from the very beginning in providing community services would teach us further the morals and values so necessary as a productive member of society," Potter wrote.
Julie Nauman, the compensation board's executive officer, said she felt compelled to accept Potter's invitation. She said it was the first time that an inmate had asked the agency to make a presentation at a prison. Despite the fact that Nauman deals mostly with victims, she said she was eager to talk to the inmates. "They're showing me that they care and are trying to make a difference, and that's what we do every day."
The 120-member Long Termers Organization has been around for about nine years, Potter said in an interview. She said the group has monthly meetings and has raised more than $150,000 over the years for charities such as the Susan G. Komen for the Cure and Hinds Hospice of Fresno. Potter said that she was recently looking through a book of nonprofit organizations when she realized the obvious: that her club should raise money for victims groups. So she sent off her letter.

Continue Reading.....

Sunday, January 24, 2010

I Wore Chains to My Father's Funeral

Charles P. Norman received the Outstanding Achievement Award in the 2009 Prison Writing Contest.

 
 I Wore Chains to My Father's Funeral


I lay on my steel bunk in the
dark of my prison cell, staring at the ceiling, thinking about the
phone conversation I’d had with my mother a few hours before. She’d
just gotten home from University Community Hospital, where she and my
brothers held vigil over my father. She was exhausted.

“How’s Daddy doing, Mama?”

“Every day he dies a little more, son, and every day a little piece of me dies with him,” she said, voice quaking.

Tears pooled in my eyes, ran down my cheeks, and flowed into my pillow.
My mother’s words haunted me. It seemed like a claw penetrated my chest
and clasped my heart. Time passed in the dark.

The sleeping building around me was quiet. I heard leather soles slapping down the hallway, toward my cell door.

“Norman, you awake?” a young guard spoke through the window slot.

“I’m awake.” I couldn’t sleep.

“Get dressed. Lieutenant Barber wants to see you downstairs.”

“I’m dressed.” I’d never undressed.

He opened the door, and I walked quickly to the stairwell.

Lieutenant Barber met me at the foot of the stairs. He had a strained,
uncomfortable expression on his face. He didn’t want to be the bearer
of bad news. You never know how people will react in prison.

“Norman, call your brother at home.”

“Yes sir.”

I walked over to the pay phone on the wall. We could only make collect
calls. I dialed my brother’s number. The lieutenant stepped away, gave
me space, but remained within earshot. He was doing his job. I didn’t
begrudge him that. My brother, Danny, picked up on the first ring.

“Charles.” Everyone called me Charlie, but from the time he could say my name, Dan had always called me Charles.

“Dan.”

“Charles, Daddy’s dead.”

“I know.” How could I tell him I felt it?

“I just got home from the hospital.”

“Does Mama know?”

“I called her first”

“I want to go to the funeral.”

“Okay.”

“You’re going to have to call the sheriff.”

“I’ll do it first thing in the morning.”

“Don’t take no for an answer.”

“I won’t.”

“It’s going to cost some money.”

“I don’t care.”

“Are you all right?”

The line was silent for a moment. I heard a sob.

“Daddy’s dead, Charles.” His voice was anguished. I was the big brother. I had to be strong for both of us, for all of us.

“I know, Dan. It’s okay. He’s in a better place. He’s not suffering any more.”

“But dammit, why did he have to die now?” He was fifty-six years old.
How could I explain it? I didn’t understand it either. I was
thirty-six, twenty years younger.

“I don’t know, Dan.”

I heard him blow his nose. “I’m okay. Call me in the morning.”

“I will.”

I hung up the phone and turned back to the lieutenant.

“You okay, Norman?”

“Yes sir. We’ve been expecting it for awhile. He was a fighter.”

“You need to talk to someone, the chaplain will be here in the morning.”

“I’ll be all right.”

“Good man.”

Sunday morning I am standing on the front porch of the chapel with
several fellow prisoners, waiting for them to call me. Through the
double fences ringing the prison I see a Hillsborough County Sheriff’s
car turn into the parking lot from Highway 301 and approach the
sallyport entrance gate. Two uniformed deputies take out their sidearms
and other weapons, locking them in gun boxes on the wall by the
gatehouse. A squawking P.A. speaker on a light pole orders me to report
to the gatehouse immediately. A guard hands me a garment bag containing
a suit of clothes. I go into the bathroom to change.

In her grief, my mother bought pants the same size as I wore in high
school, forgetting that I had added thirty pounds in the past eighteen
years, but I made do. In the mirror I adjusted my tie and stared at the
well-dressed stranger who stared back at me. Who was that man? I folded
up my prison blues and went back out.

Two young deputies stood there holding handfuls of chains. First they
put on the handcuffs in front of me, double-locked them, then did the
same thing with the ankle chains. They threaded a chain through my belt
loops, padlocked both ends to the handcuffs, then did the same thing
with a chain connected to the leg irons. I rattled the chains. So this
was how Houdini felt.

One deputy held a file folder open, looked at it, then looked at me.

“Your name Charles P. Norman?”

“Yes, it is.”

“You born nine-four-forty-nine?”

“Right again.”

“Let’s do this.”

I shuffled my feet six inches forward at a time, the limit of the tight
chains, tiny steps, but eventually we got to the deputy car parked
inside the sallyport. I heard my name called, looked back toward the
chapel, and saw perhaps fifty prisoners on the front porch watching me.
Some waved. I couldn’t wave back, with my wrists chained at the waist.
The deputy opened the rear door, and I struggled to flop onto the seat,
scoot over, and sit up. With the security screen separating the front
and back seats, there was no leg room. I adjusted the best I could.

After they’d retrieved their nine millimeters, their ankle guns, their
Buck knives, canisters of pepper spray, police batons, and twelve gauge
shotgun from the trunk, the car backed out, and we were on our way.

My mind swirled with thoughts of my father. He and my mother were
teenagers when they married. My mother turned twenty just twelve days
before my birth. I used to tell people that I’d known my parents since
they were kids, and we’d grown up together. I was fourteen months old
when my grandmother, Memaw, gave birth to Cherry, my youngest aunt.
Memaw was just thirty-nine. Cherry and I grew up together, more like
brother and sister than nephew and aunt, and maintained that closeness
until she died.

When we were both babies, my father once held each of us in his arms
while my mother and Memaw bought groceries at the Piggly Wiggly store
in Texarkana. Approaching the checkout stand, a woman came up to my
father, admiring the babies. He must have seemed young to have two
children.

“Are those your babies?” she asked.

Looking at each of us in turn, my father answered the lady, “This is my
sister-in-law, and this is my son.” Upon re-telling the story at later
times, he said the lady walked away with a confused look on her face,
as if she was trying to figure out the relationship.

My earliest memories of my father must have been some time near three
years old, perhaps a little younger. Early Sunday mornings were a
special time. My father was home, not working, as he was the rest of
the week. By the time I woke up in the mornings during the weekdays, my
father would be long gone. But Sundays he stayed home.

It would scarcely be daylight when he’d bring in the Sunday newspaper, The Texarkana Gazette.
He’d take off the rubber band, take out the Sunday comics, spread them
open on the wood floor, lie down, prop himself up on his elbows, and
read each one aloud. I’d lie beside him in the same pose, my finger
pointing to each comic pane as he read it, and we’d both laugh at Mutt
and Jeff, Joe Palooka, Alley Oop, and Tarzan of the Apes. He’d slowly
read each comic to me, then I’d beg him to read them just once more. By
then the smells of biscuits, bacon, and eggs would be emanating from
the kitchen, and my mother would call us in for breakfast.

It was just the three of us. All was good in the world. I had no
concept of rent, grocery bills, car payments, or the impending job
market crash as the Korean War was shutting down, causing the heavily
defense-oriented industries of East Texas to lay off thousands of
workers. I had no idea how complicated life could be for a struggling
young married couple with a child, and two more on the way.

One morning I couldn’t get my father out of bed. He’d worked late
Saturday night at another job, earning extra money, and was too
exhausted to get up and go out for the Sunday paper. I couldn’t wait to
see how my friends, Alley Oop, Little Orphan Annie, Nancy, and the
others were doing, so I toddled out the front door, down the steps, out
to the road, and brought the newspaper in myself.

I finally got the rubber band off and separated the comics. I lay there
on the floor, sprawled out on my stomach, propped up on my elbows,
knees bent, feet wiggling in the air. My finger pointed at the
individual words, and I pronounced under my breath the ones I’d
memorized, watching as my father had read to me each week. It took me
awhile, but I understood, and laughed.

My father stood in the doorway between the kitchen and living room watching me while my mother cooked breakfast.

“Lucille, look here,” he said. My mother joined him in the doorway,
watching me as I slowly traced the words with my finger, moving my
lips, pronouncing them to myself, then laughing as I understood the
punchlines.

“I’d swear it looks like that boy is reading those funnies.”

“I am reading them,” I said. “You wouldn’t get up.”

He plopped down beside me and watched me move my finger from word to word.

“Show me, “ he said.

“I carefully spoke each word that I knew. I struggled with one, and he
said it for me. He shook his head, smiled, and asked my mother what she
made of that. She shook her head, too.

“I don’t know. He’s not even four years old.”

What could I say? I wanted to read, so I did.

On Sunday afternoons, my father would lie down on the wood floor and
doze off. I’d doze off with him. What he did, I did. I lay my head on
his stomach and listened to the noises inside him. The various rumbles
and squeaks sounded so strange to me.

“Daddy, what’s the sounds in your belly?”

“That’s my guts growling.”

“Why are they growling?”

“They growl when you’re hungry, calling for food, and they growl when you’re full, telling you not to eat any more.”

“Oh.” That explained it.

Life went on. I gained two little brothers, Dan and Tom. Times were
hard, though I never realized it. Friday evenings were always a thrill,
waiting for Daddy to come home from work. I had little concept of time,
but when that big red orb of the sun got down low and touched the trees
to the west, I knew Daddy would be home soon.

What was so exciting about Fridays was the surprise—wondering what kind
of car Daddy would be driving home this time. Not every week, but
fairly frequently, a strange car would slow down on the highway and
turn in at our house. The car would stop, Daddy would get out, and I’d
run to him, begging him to take me for a ride in the new car. My mother
would be standing in the doorway holding the baby, a frown on her face.

I didn’t know until years later that when he couldn’t make the weekly
payment, the used car lot would repossess the car he had, and he’d have
to go to another used car dealer to get another one on a weekly payment
plan. All I knew was that on Friday evenings, Daddy would take me for a
ride to the store for an ice cream in his new car, and he’d let me sit
in his lap and steer, or at least pretend to.

Early one Sunday morning, I went out to get the Sunday paper while my
parents slept. Across the road, a herd of deer grazed on the other side
of the barbed wire in a clearing that was part of U.S. Army reservation
land. Miles away was Lone Star Ordnance Plant, where Daddy worked, and
a bombing range, from where sounds like distant thunder often came. I
crept back inside quietly and shook my father awake.

“Daddy, there’s some deer across the road.”

He jumped up, pulled on his khaki trousers, grabbed his .22 rifle from
the closet, and looked out the front door. A dozen or more deer
nonchalantly grazed a hundred yards away. It wasn’t hunting season, he
didn’t have a hunting license, but times were hard, and he had a wife
and three boys to feed.

My father propped the rifle on the car’s fender, took careful aim, and
fired one shot. Across the road a deer jumped straight into the air. To
my young eyes it seemed like he jumped a hundred feet into the air. It
was much less than that, of course, but when the deer fell to the
ground without moving he was alone. In that second the herd had
disappeared into the woods in a flash. The only evidence they left was
a faint cloud of dust settling to the ground. I hadn’t heard a sound.

He left the deer where it lay, drove to my grandfather’s, Bebaw’s,
house, and came back with Bebaw and my Uncle David to help him. Bebaw
was the expert at skinning and cleaning a deer.

Bebaw sent David across the road and through the fence to retrieve the
deer. He was a scaredy-cat. He got the deer by the hind leg and dragged
it to the fence, looking every which way, although everything was quiet
and no cars were to be seen in either direction. David tried to slip
between the barbed wires and drag the deer under the fence at the same
time, but only succeeded in hopelessly snagging himself on the barbs.
He cussed, struggled, only got more tangled, and Bebaw and Daddy had to
help get him loose from the fence. Good thing no one was coming, or
he’d have been caught.

Bebaw butchered the deer in the barn, cut it up into pieces, which were
then shared with all the relatives, which were many. Everyone ate
venison steaks and venison stew. All that fresh meat was a godsend. I
felt good that I’d seen the deer, not spooked them, told Daddy, and
helped contribute in a small way to feeding our family.

When I was nine years old, we packed up, left Texas, and moved to
Florida. There was no work in Texas, and my Uncle Rufus in Dade City
told Daddy that there were plenty of jobs in Tampa for a young man
willing to work hard. That described my father.

I hated it. I didn’t want to leave Texas. How could we just leave Memaw
and Bebaw, Cherry and Alice and Pat, Junior, all my aunts and cousins,
Uncle Albert, Aunt Bonnie, Linda and Paulette? How could I live a
thousand miles away? I cried, Cherry cried, and Bebaw cried. He was so
soft-hearted, they’d say. Memaw was the strong one, always keeping it
inside. She hugged me and patted my back. She called me “Pakick,” from
my middle name, Patrick, the only person who ever called me that, her
special name for me.

“You be a good boy, my Pakick. It’ll be okay. You’ll be back to see us, and we’ll come see you in Florida some time,” she said.

“Promise, Memaw?”

“I promise.” She gave me a silver dollar from a jar she collected coins in, told me to keep it to remember her. I did.

So began my trip to Florida, Land of Sunshine, where nineteen years
later that little boy would be accused of murder and wind up in prison
serving life.

“Charlie Norman! Charlie Norman! I can’t believe it.”

I snapped out of my reverie. I was in the back seat of a sheriff’s car.
We were passing Hillsborough River State Park, where my family had held
many picnics, and I’d camped out often with my Boy Scout troop years
before. The younger deputy, the passenger, had turned in his seat and
was speaking to me.

“Excuse me. I missed that. What did you say?”

“Charlie Norman!” He was grinning broadly at me. He looked over to his partner, who was staring straight ahead at the highway.

“When I was a little kid, I used to watch Charlie Norman fight. I
couldn’t believe it. I wasn’t even in first grade yet.” He turned back
to me. “You don’t know who I am, do you?”

“No, sorry.” To my knowledge, I’d never seen him before in my life.

“You went to junior high school with my sister.” Benjamin Franklin—toughest junior high in Tampa in the 1960’s.

He told me her name. I’d known her for years. She was a nice girl, shy,
who’d gotten pregnant in tenth grade, dropped out, gotten married, had
three children, was an old woman before her time. Her younger brother
had become a major dope dealer in Tampa years later. This one must have
been the baby. Weird, I thought, one of them a drug king, another a
deputy.

He looked back to his partner. “One time I saw Charlie Norman at the
bus stop get in a fight with three boys, all older and bigger than him.
You should have seen it. Those guys were all over him, fists flying and
punching, you couldn’t even see Charlie Norman under all those guys. I
thought they were going to kill him. Everybody just watched. Nobody
helped him. Hell, I was just a little kid, but I never forgot it.” He
spoke as though I wasn’t there.

“What happened?” his partner asked.

“He wouldn’t go down. He was throwing fists, and turning and ducking
and taking punches and kicking and in about a minute one of them went
down, and then the second, then the third one just stopped and looked
at him. Charlie’s nose was bleeding and his lip was split, his shirt
was hanging half off of him. He lit into that guy, knocked him down, he
didn’t get up. The school bus came, Charlie got on, my sister and the
other kids had to step over them to get on the bus. The driver shut the
door, and they went to school. I walked home. He beat the shit out of
those boys. It was three to one.”

“That was the Wechsler brothers,” I said. “Victor was my age. He spit on my shoe and laughed.”

“I bet he never did it again, did he?”

“No.”

“You were my hero when I was a kid. I took boxing lessons when I was a
little older. I went to your karate school for awhile. I wanted to
learn how to fight like that.”

“I don’t remember you.”

“I was a kid then. I was in high school when you were on trial. I went a couple of times.”

“Yeah?”

“Yeah. I never thought I’d meet you like this.” Me neither.

We were approaching Highway 579. My mother’s house was less than a mile
off 579 in Thonotosassa. I hadn’t seen it in years, and might not get
another chance.

“Since we go so far back and all that, why don’t we take a little
detour down 579, cut over to Grovewood, through the old neighborhood,
loop right to Main Street? Won’t take an extra two minutes.”

The silly grin on the young deputy’s face vanished. He looked to the
driver, who glanced toward him then faced front to the highway.

“We can’t make any, uh, detours. Sorry.”

They both looked nervous, uneasy. The younger deputy suddenly became
interested in the double-yellow center line whisking past us and
behind.

“Can’t or won’t?” I wasn’t going to let it go. It had been over seven
years since I’d left my family home that fateful day after visiting my
father. He’d been sick that day, too, but not nearly as sick as he
would become. Neither of them responded. If I didn’t see our home, the
yard, the huge hickory tree shading the front, the sycamore trees in
the back I’d planted sixteen years before now, I might never see them
again.

“Do you know how much my family’s paying for this taxi ride?”

The driver answered. “Six hundred and fifty-one dollars.”

“Six hundred and fifty-one dollars!” I whistled. “For a twenty-five
mile trip each way? What’s that, thirteen dollars a mile, more or
less?”

“More or less.”

“It’s hardly a mile detour—nobody’s at home, everyone’s at the funeral
home, why don’t we just tack on an extra twenty, pay for you guys’
lunch when you leave, call it even?”

Silence. Not a word. Eyes front. No more youthful reminiscences. I
watched 579 recede to the left, Spanish Main Campground bustling on a
Sunday morning.

A mile farther and I saw Fowler Avenue’s turnoff approaching on the
right, the orange grove and the little white house on the hill where
we’d lived our first ten years in Florida, when we were all so small,
it seemed.

My father was a giant in those days, a big man whose height and size
seemed unattainable, like a tree. I remembered how as a child I’d
examine his worn leather billfold that curved in the shape of his body
over the years of twelve-hour workdays stuck in his back pocket.

I especially loved looking at his driver’s license, before they had
photos, a piece of paper that described the man I knew as Daddy. Brown
eyes, black hair, weight one hundred seventy-nine pounds, five feet
eleven and three quarters inches tall Holding onto his pant leg and
looking up in the stratosphere to his face, I could never picture
myself growing to such an altitude. Imagine my surprise when one day
years later, I was walking my father to the exit door of the prison
visiting park and realized that I was taller than he, by a small
margin, bigger and stronger. He was shrinking before my eyes, and it
deeply saddened me. Could this be the same man who used to pick me up
and throw me in the air and catch me before I fell?

One of my clearest early memories of my father came from when we went
to the circus. I was three and Cherry was two. Although I grew up near
Redwater, Texas, with all its connotations of cowboys, cattle, and
horses, I rode an elephant before I rode a horse.

The circus had an elephant ride for children. A baby elephant with a
blanket on its back grasped its mother’s tail with its trunk, following
her around in a circle. Daddy lifted me onto the baby elephant’s back,
which was head-high to my father, and Bebaw held Cherry in place next
to me. I touched the stiff straw-like hairs that thinly covered the
baby elephant, marveling to be sitting up so high.

Cherry began screaming. She wasn’t having any of it. She did not want
to be sitting on a baby elephant’s back, and let the entire midway know
about it. After the second scream Bebaw handed her off to Memaw, where
she quieted down I continued the circuit, my father’s massive hand
holding and steadying me. I wasn’t the least bit frightened. I knew I
was safe.

The second thing I remember about that night at the circus was the blue
helium balloon he bought for me, wrapping the string around my wrist
several times so it wouldn’t fly off. When we got home and my mother
put me to bed, the balloon hovered against my bedroom ceiling, the
string dangling.

The next morning, I couldn’t wait to rush next door to Mrs. Clary’s
house, tell her about riding the elephant and show her my blue balloon.
I grabbed the string, tugging the balloon behind me, and rushed down
the steps outside. No sooner than I’d cleared the door a gust of wind
snatched the balloon out of my tiny grip. I stood there and watched the
balloon float higher and higher, smaller and smaller, until the blue
latex blended into the cerulean sky and disappeared. I cried for what
I’d lost.

In silence, we approached Duval Funeral Home on Florida Avenue in North
Tampa. As quiet as the two deputies had been, you’d think each of them
was alone. The parking lot overflowed with cars. Hearses lined the
drive at the front. The deputy drove us around to the back.

The last time I’d been here had been for the funeral of my tenth grade
basketball coach, who’d been stricken with stomach cancer toward the
end of the school year and was dead in four months. In the fall, just
as my junior year began, he died. It seemed like all fifteen hundred
students at King High School lined up to enter the funeral chapel, pass
by his open casket, and pay their respects. Girls wailed as they neared
him. I got closer, saw the tiny shrunken figure lying there in that big
box and wondered who it was. Coach had never been a big man, but this
couldn’t possibly be him. What happened? Someone nearby mentioned that
the stomach cancer had eaten him up, to less than half his healthy
size, and I believed it.

Now I dreaded going inside that same building and discovering what ravages death had dealt to my poor father.

The main chapel was crowded with family and friends. Relatives on both
sides had come from across Florida, Georgia, North and South Carolina,
Texas, and California. Some I recognized, some I didn’t. I noticed men
who’d worked for my father, laborers, black and white, solemn, paying
their respects. I’d grown up around those men, accompanying my father
to work at Booker and Company Warehouses for years, and knew them all.
They nodded. I nodded back. I saw an open casket to my right, against
the far wall, but too many people filled the area to get a clear look.

When I entered, clanking like Shakespeare’s ghost, deputies on either
side of me, all conversation stopped. All eyes turned toward me. The
prodigal son had returned. There was no fatted calf, no celebrations.
My father was dead, and I was in chains.

My brothers, Dan and Tom, rushed through the crowd over to me. As Dan
neared me, one deputy stepped forward, held out his hand, fingers up,
in the stop gesture.

“Don’t come any closer,” the deputy said.

If he thought that an armed deputy was going to keep him away from his brother, he didn’t know Dan.

“You listen to me, you son-of-a-bitch. He’s my brother. And that’s our
daddy lying dead in that coffin. If you think you can stop me from
hugging my brother at our father’s funeral, you’d better pull that
pistol and shoot me now.”

He pushed past the deputy’s outstretched arm and embraced me, followed
by my youngest brother, Tom. They stepped aside, and my mother stood in
front of me. I hadn’t even seen her. We hugged, and I realized she’s so
small. How did she ever get so small. She had been a giant, too, in my
childhood, but now she looked so frail and light as she held my arms.
Emotions washed through me. To this day I can’t remember what either of
us said.

Faced with a losing battle and heavily outnumbered, the deputies
retreated. Family and friends, cousins, aunts and uncles I haven’t seen
since childhood crowded around and hugged me, chains and all. I
couldn’t do much myself, trussed up the way I was, but I accepted their
embraces, touches and condolences the best I could.

Rufus, my father’s last surviving brother, seven years his elder, came next. “I hate to see you like this, son.”

I saw a flare of that Norman anger, the fury that must have terrified
the English at Hastings in 1066, that Uncle Rufus turned on the
outmatched deputies.

“What’s wrong with you bastards?” he growled at them. Eyes wide, they each took half a step back.

“What do you think you’re doing, bringing this boy in here like this,
chained up like a beast? Don’t you have any respect? Why couldn’t you
take all this . . . crap . . . off him before you brought him in here
to his mama? You aren’t afraid of him, are you, big, bad deputies,
armed to the teeth?”

His face had turned so red, I thought he was going to have a stroke.

“It’s okay, Rufus,” I said. “At least I got to come.” Rufus was always
the joker of the family, and at gatherings, he’d keep everyone in
stitches with his jokes. I thought I’d take a cue from him and try to
defuse the situation. “Besides, when we leave here, they’re going to
stop on the Hillsborough River bridge, toss me in the water, and if I
can get loose, I’m free to go.”

Everyone laughed. The deputies looked decidedly uneasy.

Then I noticed my father’s two surviving sisters, Frankie Lee, the
oldest, and Eloise, the youngest, across the room together looking
intently at me. They were crying. I stood where I was as they slowly
approached. I hadn’t seen them in twenty years, since a family
gathering when I was a teenager.

With the exception of Uncle Rufus, I’d never felt particularly close to
or identified with the Norman side of my family. Part of it was that
I’d rarely been around most of them but for a day here or a funeral
there throughout my youth, and that most of them lived elsewhere. Also,
the Normans seemed more emotionally detached, sterner, not like my
mother’s family, the Walkers, who were emotional and demonstrative with
their love in most cases. I was Memaw’s and Bebaw’s first grandson, had
always been special to them, but to the Normans, I was just another
cousin. But now, the way Frankie Lee and Eloise were looking at me, I
sensed something had changed. They came up to me and Aunt Frankie Lee
touched my cheek, tears flowing.

“Charlie, honey,” she said, “When I saw you walk in, my heart stopped for a second.”

“Why?”

“You’re the spitting image of our father when he was a young man. Your
grandfather. He’s been gone so long. You look just like him, so
handsome. It breaks my heart.” Her words deeply touched me.

She fingered the chains around my wrists. I wanted to hold her, but I
couldn’t. I cried instead. Eloise and Frankie Lee hugged me together.

“You do, Charlie,” Eloise said, smiling. “You look just like Daddy. I
was just a little girl when he died. I wish I could take you home with
me.”

“I do, too.”

My brothers took my arms, and we walked slowly to my father, feet shuffling. Everyone moved back and made room.

It wasn’t him, not the man I knew. I could see little resemblance to my
father. He was gone. What was left was little more than artifice.

Cigarettes killed my father. Slowly. Forty-four years, from the age of
twelve until his last breath at fifty-six, my father smoked cigarettes.
He couldn’t quit, no matter how he tried.

When I was four years old, my mother pregnant with Dan, it was freezing
cold in the Texas winter. The only heat in our little house came from
the kitchen stove, which my mother wouldn’t turn on till five AM, when
she got up to cook breakfast before my father went to work.

I was sleeping soundly under quilts Memaw had made when my father’s coughing woke me. It went on and on.

I climbed out of bed and my bare feet touched the cold wooden floor. I
raced to my parents’ bedroom and climbed into bed with them, where it
was warm. My father continued hacking.

“Daddy, why are you coughing so much?” I asked. “Are you sick?”

“It’s these damned cigarettes, son. Don’t ever smoke them.” He was just twenty-four at the time.

Thinking back over all those years, I realize that long ago admonition
was one of the few pieces of advice my father gave me that I obeyed. I
never smoked a cigarette in my life. I never wanted to cough like that.
For that I am grateful. I am three years older now than my father was
when he died, and my lungs are clear and strong. On the prison tennis
court, I wear out players half my age with shots from side-to-side that
leave them bent over and gasping. Even at thirty, cigarettes have taken
a toll on them, and I gladly collect it.

I begged him to quit for years, as did my mother, but nothing could
overcome nicotine’s siren song of death. We feared lung cancer, but
emphysema got him first, with complications from lupus. He was in and
out of the hospital for a couple of years, but the last time inexorably
approached.

His kidneys began shutting down, and they put him on dialysis. That
worked for awhile, but other systems began failing. The toxins built
up, and his extremities, his hands and feet, began darkening,
gangrenous. The poisons climbed higher. My father was in terrible pain,
but he fought to live.

He and his doctor were friends. He came to talk to him about his
choices. My father couldn’t talk with the respirator helping him to
breathe, but he had his mind, and he could nod his head.

“Gene, we’ve been friends for a long time, and I’m not going to
sugar-coat it. You don’t like b.s. It’s not good. Your kidneys are
failing. I can save you, but it will be drastic. You’re getting
gangrene. If I amputate your arms and legs, you will live. I don’t know
how long, but it could be awhile. But I know you. I know what kind of
man you are, and I don’t think you want to live like that, helpless.”

My father shook his head no.

“You say the word, I’ll do the surgery now. If you say no, I won’t Do you want me to do the surgery?”

My father shook his head no.

The doctor patted his shoulder. “Then this is goodbye, old friend.”

He left. My brothers stood next to my father’s bed. He had been so
strong, the toughest man I ever knew. Next to him I was a weakling. He
had held out for longer than anyone expected, for whatever reason, but
when the doctor gave him his options, it was like my father decided it
was time to go. He looked at my brothers, closed his eyes, exhaled, and
he was gone. An hour later I was calling my brother, Dan, collect from
a prison pay phone in the dark.

There is much I want to say about my relationship with my father, but
even all these years later, I realize that the emotions pierce me too
deeply. As I write this, tears drop onto the paper and dimple the
sheet. Perhaps the cathartic experience of reliving those years as I
write them will strengthen me to where I will write again, about things
too close to my heart, and get them out in the open, where they belong.
But that will be another day.

When the deputies brought me back to Zephyrhills prison and left with
all their chains and cuffs, a prisoner friend held out my blues for me
to change into. He knew my family well, and offered me his condolences
the best he knew how. He had a difficult time sharing his feelings. I
knew he wanted to say something, so I stood there, unspeaking, waiting
him out.

“Charlie, when I first knew you, and met your family, several years ago, I knew you and your dad had unfinished business.”

“Yeah?”

“I had unfinished business with my father, too, so I recognized it in the both of you.”

“Okay.”

“I admire what you did,” he said. “Over the past few years you spent a
lot of time talking with your daddy, healing wounds, I don’t know what
they were, but you took it upon yourself to do it, and you and he
reconciled whatever it was.”

“We did”

“I could tell. Even when he was here last time, real sick, I could see
that you loved your father, and he loved you. You settled your
differences, and that was a good thing.”

“It was”

“It gave both of you a peace you didn’t have before.”

“I appreciate you saying that, Mario.”

“You see, the reason I’m saying this, is that I didn’t get that chance
with my father. There were hard feelings between us. He said things, I
said things I’ve always regretted. I wanted to make it up to him, like
you did, but he died before I got the chance.”

“I’m sorry.”

That big strong man with the bulging muscles broke down, leaned his
head on my shoulder and cried like the little boy who still lingered
inside. His tears soaked into my suit coat. Unchained now, I patted his
shoulder and sobbed with him. It was the least I could do. Even tough
guys must sometimes cry.