Fighting Gang Validation Laws
I just completed my fourth reading of a pamphlet I received from you titled “Shut Down Control Units in Prison,” and I found it in step with my own thoughts on the subject.
Your interpretation on how prisoners are validated is right on point and I’m living proof of it, my validation was based on my being in possession of written materials and an image of a dragon. But the inept way in which I was validated isn’t what made me go into a state of frenzy, it was the fact that after being in the prison system for 12 years, prior to my being validated, I had no idea of what the validation process was. As one who spent a great deal of his time studying the rules and regulations of the prison system, I can only guess that the reason I overlooked the validation process is because I became too busy fighting to make a difference in other areas of the prison system, but now that I’m in the grasp of the demon I’m going to alter the hell he has pulled so many into.
After spending about a year in the SHU trying to figure out how the hell I was validated, I rolled up my sleeves and started working on how to not only get myself out of the SHU, but the multitude of others around me. But I soon found out that a large number of prisoners in the SHU feel so defeated that they have given up hope and become content with being in the SHU. Some have even become proud of being validated and don’t want to hear anything from me about what we can do to get out of the SHU.
One of the first cases that I started studying about the validation process is a case you wrote about in the pamphlet you sent to me which is the Castillo case. Now don’t get me wrong the case knocked on the door of change, but it should have kicked down the door. An example of what I’m referring to is the rule change requiring that a prisoner has to be in possession of items such as written materials or symbols on their body before they are placed in the SHU. But what the attorneys who represented Castillo didn’t ask the court to make a requirement of is that the CDCR must list the names of which written materials, tattoos and symbols are “gang related,” because as we now know the CDCR can say anything that they want is a gang related item.
I’ve written to the attorneys who represented Castillo, and one told me that they no longer work on prison cases and the other one who you wrote about in the article told me that he wanted $5000 to answer my questions about the Castillo ruling. So I filed a 602-appeal, and to make a long story short my appeal was shot down due to my filing it too late, and although that door was closed another one has opened and I’ll keep you updated on the outcome.
Another thing you wrote about prisoners being in the SHU that I agree with is how atrocious it is that a prisoner can be put in the SHU for a determinate term for committing a violent act, but a prisoner who has a tattoo, symbol or certain written materials in their possession will be put in the SHU without committing any violent action for an indeterminate term for a minimum of 6 years (this also is a stipulation that the attorneys for Castillo could have changed). In conversations that I’ve had with some Institutional Gang Investigators (IGI), they have agreed with me about the flaws in the validation process, but also said that it isn’t their responsibility to correct it. I can understand why they would say it, so myself and other prisoners must pick up the baton and run with it towards the finish line of change. It’s time for me to step down from my podium speaking about subjects you already have a full understanding of, so in closing I thank you for all that you are doing for those of us behind prison walls and I look forward to hearing from you again.
MIM(Prisons) adds: Check out our campaign against control units for more information on the fight against these torture chambers filled with people on false gang validations.
